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HomeMy WebLinkAbout09/05/2000Tuesday,, September 592000 5:00 p.m. — Study Session, CC -8 6:00 pm. - 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 Debby O'Connor Mayor Pro Tem Eileen Ansari Council Member Wen Chang Council Member Carol Herrera Council Member Bob Huff City Manager Terrence L. Belanger City Attorney Michael Jenkins City Clerk LyndaBurgess m the Office of the City Clerk, and are available for pubes on relating to agenda items are on file Copies of staff reports or other wntten doe-umentati inspection, If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2484 during regular business bourn. In an effort to comply with the requirements of Title If 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 accommodations) -in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have Agendas are now- on Please refrain from smoking eating or drinking in the Council Chambers. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO CONMSSION AND COIvWIITTEE MEETINGS), PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more " agenda items and/or other items of interest which are within the subject matter jurisdiction ofthe Diamond Bar City Council A request to address the Council should be submitted in person to the City Cleric As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item maybe requested to-givetheirpresentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council Individuals are requested to refrain from personal attacks towards Council Members or other citizens. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated, Your cooperation is greatly appreciated: In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency, or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings the Council may act on an item that is not on the posted agenda CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A Disorderly behavior toward the Councilor any member ofthe staffthereof, tending to interrupt the due and orderly course 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 f Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting: INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for'the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed b a mp gh phone modem y personatco utertbrou a Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance ofthe meeting. Plcasc 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 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. Next Resolution No. 2000-51 Next Ordinance No. 07(2000) STUDY SESSION: 5:00 p.m., CC -8 Joint Meeting with the Parks and Recreation Commission 1. CLOSED SESSION: 6:00 p.m. CC -8 Conference with Legal Counsel - Existing _Litigation G.C. Section 54956.9(a) - Beach-Courschene vs. City of D.B. 2. CALL TO ORDER: 6:30 p.m. September 5, 2000 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Paul Lehman-Schletewitz, Walnut Valley Betheren in Christ ROLL CALL: Council Members Chang, Herrera, Huff, Mayor Pro Tem Ansari, Mayor O'Connor APPROVAL.OF AGENDA: Mayor 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Proclaiming September 2000 as "Prostate Cancer Awareness Month.ff 3.A.2 Proclaiming September 16, 2000 as "Coastal Cleanup Day. 3B. CITY MANAGER REPORTS AND RECOMMENDATIONS: 4. 4.a PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address :the Council on, Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any '.action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary): There is a five- minute maximum time limit when addressing the City Council. SEPTEMBER 5, 2000 PAGE 2 4.b RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 STATE ASSEMBLY EXPO 2000 - Saturday, September ;9, 2000 - 10:00 a.m. - 6:00 p.m. Puente Hills Mall, 60 Fwy. at Azusa Ave., Industry. 5.2 PLANNING COMMISSION - September 12, 2000 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.3 TRAFFIC & TRANSPORTATION.COMMISSION - September 14, 2000 7:00 p.m.,,AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4. DIAMOND BAR DAY AT'L.A. COUNTY FAIR - September 18, 2000 - Fairplex, Pomona 5.5 JOINT STUDY SESSION CITY COUNCIL AND. TRAFFIC AND TRANSPORTATION COMMISSION - September 19, 2000 - 5:00 p.m., AQMD ROOM CC -8, 21865 E. Copley Dr. 5..6 CITY COUNCIL MEETING September 19, 2000 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - October 7 2000 9:00 0009:00 a.m. 3:00' p.m., Mt. Sac Parking Lot B, 1100 N. Grand Ave. Walnut 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Study Session of August 1, 2000 - Approve as submitted. 6.-1.2 Regular Meeting of -August 1,-2000 - Approve as submitted. 6.1.3 Joint Study Session with Planning Commission of August '15, 2000 - Approve as submitted. 6.1.4 Regular' Meeting of August 15, 2000 Approve as submitted. Requested by: City Clerk SEPTEMBER 5, 2000 PAGE 3 6.2 PARKS AND RECREATION COMMISSION MINUTES: 6.2 1Regular Meeting of June 22, 2000 Receive and File. 6.2.2 Regular Meeting of.July 27,.2000 - Receive and File; Requested by: Community Services Division.. 6.3 VOUCHER REGISTER - Approve Voucher -Register dated September 5, 2000 in the amount of $1,540,026.73. Requested by: Finance Division 6.4 TREASURER'S REPORT - Submitted for City Council's review and approval is the Treasurer's Statement for July,` 2000. Requested by: Finance Division 6.5 SECOND READING ORDINANCE NO. 06(2000): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR .AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (Ca1PERS)- At its August 15, 2000 meeting, Council introduced Ordinance No 06(2000), authorizing an amendment to the contract between the City Council and the Board of Administration of the Ca1PERS.: The contract amendment is to include 2% 9 Full formula (Section 21354) Retirement Benefit. Ordinance No. 0.6(2000) and the proposed contract amendments are included in the staff report:' Recommended Action: It is recommended that the •City Council approve for second reading by title only, waive full reading and adopt Ordinance No. 06(2000), "An Ordinance of the City Council of the City of Diamond Bar authorizing an Amendment to the Contract between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement System (CalPERS)." Requested by: City Manager 6.6 FY 1999-2000 PURCHASE ORDER CARRYOVER BUDGET ADJUSTMENT FY 1999-00 ended on June 30, 2000. Since that time,. staff has been closing out the fiscal year. Part of this process has been to evaluate all purchase orders (P.O.$) which have remained open and encumbered at the end of the fiscal year. These are for items and/or services, which had either been ordered or contracted for but not completed or received by June 30. Since the encumbered SEPTEMBER 5, 2000 PAGE 4 budget lapsed at year-end, it is necessary to adjust the FY 00-01 budget to allow for these prior year encumbrances. In effect, the City will just carry forward the applicable portion of the FY 99-00 budget. Recommended Action: It is recommended that the City Council approve the Purchase Order Carryover in the amount of $1,704,956.75, and authorize the necessary adjustment to the FY 00-01 Municipal Budget. Requested by: Finance Division 6.7 CONSIDERATION OF BUS'STOP SHELTER AGREEMENT The City has an agreement with Eller Media Company to provide bus stop shelters and benches in D.B. The agreement is scheduled to expire unless replaced with a new agreement Staff has negotiated a new seven year agreement that provides for the same $24,000 payment per year to the City as is in the current agreement, plus provides' the following: All existing bus" stop shelters will be removed and replaced with new shelters, the design to be determined by the City; ten additional shelter locations will be added; all existing concrete bus stop benches will be removed and replaced with new concrete benches, the design to be determined by the City; concrete trash containers will be installed next to each concrete bench, the design to be determined by the City service to trash containers in front of'K-Mart Center will be increased to five days per week; all costs, for work related _ to the above items will be borne by Eller Media Company; plus an option for an additional seven-year extension. Recommended Action: It is recommended that the City Council approve the Bus Stop Shelter agreement with Eller Media Co., for a period of.seven years, from July 1, 2000 to June 30, 2007. Requested by: Community Services Division 6.8- CONTRACT_ BETWEEN THE DIAMOND BAR CHAMBER OF COMMERCE AND THE CITY`OF DIAMOND BARFORFY 2000=01.- Consideration of a contractual agreement between the City of Diamond Bar and the Diamond Bar Chamber of Commerce. Recommended Action: It is recommended that the City Council c approve the .,attached agreement for services between the City and the Chamber of Commerce. Requested by: City Manager SEPTEMBER 5, 2000 PAGE 5 6.9 AUTHORIZATION ,FOR .THE PURCHASE OF A FORD E 150 XL WAGON (Cargo/Passenger Van) - Included as part of the 00/01 FY Budget are funds to purchase a van for use by personnel to transport equipment. The selected vehicle has two removable passenger bench seats, converting it from an eight -passenger van, to a cargo van. Staff solicited Requests for Proposals from seven vendors, and 'Chino Hills Ford was the lowest responsive bidder. The total purchase price of the vehicle from Chino Hills Ford is $23,681.94 A total of $20,000 for the vehicle purchase is included as part of the Equipment Replacement Fund, requiring an additional $3,681.94 to complete the purchase. The City's Purchasing Ordinance limits .the City Manager's purchasing authority to $15,000; the total cost for the van is $23,681.94, exceeding the City Manager's purchasing authority. With City Council approval, staff will proceed with the purchase of the van from Chino Hills Ford. Recommended Action: It is recommended that the City Council authorize the City Manager to purchase a 2000 Ford E150 XL Wagon and authorize allocation of an additional $3,681.94 from the General Fund required to purchase the vehicle from Chino Hills Ford in the amount of $23,681.94. Requested by: Community Services Division 6.10 FINANCE DEPARTMENT STAFFING CHANGE The City currently has a vacancy in the Finance Division as a result of the resignation of its part-time (30 hrs./wk.)Senior Account Clerk. With this occurrence, staff has evaluated the responsibilities of the position and is recommending that this position be changed to full-time. Recommended Action: It is recommended that ,the part-time Senior Account Clerk position be increased from the current thirty hours per week position to a full time Senior Account Clerk position. It is also recommended that the FY 00-01 Budget be amended accordingly. Requested by: Finance Division 6.11 AWARD OF CONTRACT FOR SPORTS OFFICIATING SERVICES TO TRI - COUNTY OFFICIALS, INC. - The City conducts an adult sports program as part of the recreation_ services program offered to the community. The program consists of softball, basketball -and volleyball and officials are needed to officiate the adult sports games to 'insure fair play and proper control of participants. Costs to provide sports officials are included in the fees that partici- SEPTEMBER 5, 2000 PAGE 6 - pants pay to -register ,to play in the adult sports leagues`. Tri -County Officials has provided professional officials for the D.B. recreation program for the past nine years. However, their contract has always been with the City of Brea. Now that the City is conducting the recreation program in-house, it is necessary for the City contract for officiating services directly. Recommended Action: It is recommended that the City Council award a contract to Tri -County Officials, Inc. in the not -to -exceed amount of $35,000 per year for the period of September 5, 2000 through June 30, 2002. Requested by: Community Services Division 6.12 AWARD OF CONTRACT TO R.F. DICKSONCOMPANY, INC. FOR STREET SWEEPING SERVICES The City has contracted with Athens Services since 1990 to provide street sweeping services. The current contract expires September 30, 2000. On August' 4, 2000, a Request for Proposals was distributed to 13 service providers. Four proposals were submitted. Staff has extensively evaluated all firms and their proposals and has determined that R.F. Dickson Company, Inc represents the best -qualified firm for a cost effective and quality street -sweeping programa R.F. Dickson has proposed the lowest cost per curb -mile at a rate of $11.447. Recommended Action: It is recommended that the City Councilawarda 5 -year contract to R.F. Dickson Company, Inc. for street sweeping services beginning October 1, 2000 and ending September 30, 2005 and authorize the Mayor to execute the contract on behalf of the City Council. Requested by: Public Works Division, 6.12 AWARD OF CONTRACT TO TOTAL PLAN AND SPACES FOR SPACE` -PLANNING-AND OFFICE DESIGN SERVICES RELATED TO RELOCATING CITY HALL' TO THE AQMD FACILITY AND APPROPRIATE THE NECESSARY FUND ($45,000) FROM GENERAL FUND RESERVES Earlier this year, Council expressed interest. in relocating the City Hall offices from the current location to the AQMD campus. The current condition of the proposed office space at the AQMD facility lacks the necessary tenant improvements to accommodate the needs of the organization. The space will need to be designed to include the existing modular office equipment at both City offices, the existing modular office -equipment at the AQMD facility, a public counter area, a lobby/reception area, conference rooms; and additional SEPTEMBER. 5, 2000 PAGE 7 - closed offices. Recommended Action: It is recommended that the .City Council award contracts to "Total Plan" and "Spaces" for space planning and office design services related to the relocation of City Hall to the AQMD facility and appropriate the necessary funds from General Fund reserves ($45,000) Requested by: City Manager 7. PUBLIC HEARINGS: "7:00 p.m., or as soon thereafter as matters may be heard. None 8. OLD BUSINESS: 8.1 AWARD OF CONTRACT FOR SITE MASTER PLANNING AND ARCHITECTURAL DESIGN SERVICES RELATED TO THE COMMUNITY/SENIOR CENTER - Council directed staff to seek proposals from qualified architectural firms for site master planning, design development, construction documents and construction support services. In June 2000, Council approved the budget for the planning and construction of the community/senior center, which is part of the FY 00-01 Municipal' Budget: Recommended Action: It is recommended that the City Council award a contract to the architectural, firm of Gonzalez/Goodale in the amount of $482,000 for provision of program confirmation, master planning, highly detailed schematic design, project modeling, design development construction documents and construction support services related to the creation of a community/senior center building at Summit Ridge Park. Requested by: City Manager 8..2 CONSIDERATION OF STATEMENT OF PRINCIPLES AND COMMITMENT WITH THE STATE OF -CALIFORNIA^ -DEPARTMENT OF DEVELOPMENTAL SERVICES REGARDING THE, PROPOSED EXPANSION OF THE LANTERMAN DEVELOPMENTAL CENTER - Council and members of the Lanterman Advisory: Committee have been negotiating an agreement with the State Department of Developmental Services (DDS) since March 2000. The proposed agreement is the culmination of months of work by the Advisory Committee, representatives of DDS, Assemblymember Robert Pacheco' -s; office and City staff. The Statement of Principles and Commitment calls for reduction of the overall' number of available beds to serve clients at the facility, requires a phase-in plan for the transfer of clients from other facilities, and mandates that after SEPTEMBER 5; 2000 PAGE 8 treatment, individuals are placed back in the community they resided in prior to placement at Lanterman Developmental Center. In addition,the Statement requires the development of a, facility security plan prior to any severe behavioral patient being moved and creation of a Community Advisory Committee to review the severe behavioral program. Recommended Action: It is recommended that the City Council approve the Statement of Principles & Commitment between the State of California Department of Developmental Services and the City regarding the proposed expansion of the Lanterman Developmental Center. Requested by: City Manages 8.3 IMPLEMENTATION OF 9/80 ALTERNATIVE WORK SCHEDULE - At its July 18, 2000 meeting, Council discussed alternative work schedules and directed staff'to study the issue and report, back the findings There are various types of alternative work schedules, which provide extended hours of daily operation for their customers as compared to the traditional schedule. Staff conducted a survey of the 53 cities of the, L.A. Division of the League of California Cities regarding alternative work schedules. If the City implements an alternative work schedule, it would be more practical to change the hours of operation commencing with the first day at the proposed new City Hall location, the AQMD facility. Recommended Action: It is recommended that the City Council (1) adopt an alternative 9/80 program with City Hall hours Monday through' Thursday from 7:30 a.m, to 5:30 p.m. and Fridays from 7:30 to 4:30 p.m. (2) commence the 9/8'0' program the 'first day of operations begin" at the diopo�ed staff City ni ti tell location, a 1p , the AQMD facility; (3 ) public awareness campaign prior to relocating. The campaign would consist of press releases, newsletter articles, cable announcements, and flyers. Requested by: City Manager 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA 2000-02 1. CALL TO ORDER: Chairman SEPTEMBER 5, 2000 PAGE 9 ROLL CALL: Agency Members'Ansari, Herrera, O'Connor, VC/Chang, C/Huff 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 3.1.1 Regular Meeting of August .l, 2000 Approve as submitted. 3.1.2 Regular Meeting of August; 15, 2000 Approve as submitted: Requested by: Agency.Secretary 3.2 VOUCHER REGISTER Approve Voucher Register dated September's, 2000 in the amount of $4,095.00. Requested by:, Finance Division 3.3 TREASURER'S REPORT Submitted for the Redevelopment Agency's review and approval is the Treasurer's Statement for the month of July. Requested by: Finance Division 3.4 FY 1999-2000 PURCHASE ORDER CARRYOVER BUDGET ADJUSTMENT - FY 1999-00 ended on June 30, 2000. Since that time, staff has been closing out the fiscal year. Part of this process has been to evaluate all purchase.orders (P.O.$) which have remained open and encumbered at the end of the fiscal year. These are for items and/or _services, which had either been ordered or contracted for but not completed or received by June 30. Since the encumbered budget lapsed at year-end, it is necessary to adjust the FY 00-01 budget to allow, for these prior year encumbrances. In effect, the Redevelopment Agency will just carry forward the applicable portion of the FY 99'-00 � w SEPTEMBER 5, 2000 PAGE 10 budget. Recommended Action: It is recommended that the Redevelopment Agency approve the Purchase Order Carryover in the amount.of $674,787.04, and authorize the necessary adjustment to the FY 00-01 Municipal Budget.` Requested by: Finance Division 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None: 6. NEW BUSINESS: None I 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion.- Direction may be given at this meeting or the item may be scheduled for -action at a future meeting. RECONVENE CITY COUNCIL MEETING=' 10. COUNCIL SUB -COMMITTEE REPORTS 11. COUNCIL MEMBER COMMENTS: Items raised by individual Council Members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 12. ADJOURNMENT: CITY OF DIAMOND BAR "QUICK CAP" MINUTES SEPTEMBER 5, 2000 STUDY SESSION: 5:05 p.m., CC -8 Joint Meeting with the Parks and Recreation Commission CITY COUNCIL ROLL CALL: Council Members Chang, Herrera, Huff, MPT/Ansari, M/O'Connor. P & R COMMISSION ROLL CALL: Commissioners St. Amant, Torres, VC/Anis, Chair/Finnerty. Commissioner Hull was excused. Also present were: Terrence L. Belanger, City Manager; Craig Steele, Assistant City Attorney; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Teresa Arevalo,'Sr. Administrative Assistant; Debbie Gonzales, Administrative Secretary and Marsha Roa,'Community Services Assistant. 1. CLOSED SESSION: _ 6:10 p.m., CC -8 Conference with Legal Counsel - Existing Litigation G.C. Section 54956.9(a) — Beach -Courschene vs. City of D.B. No reportable action taken. 2. CALL TO ORDER: 6:50 M. PLEDGE OF ALLEGIANCE: Council Member Chang INVOCATION: Pastor Paul Lehman-5chletewitz, Walnut Valley Betheren in Christ ROLL CALL; Council Members Chang, Herrera, Huff, Mayor Pro Tem Ansari, Mayor O'Connor Also present were: Terrence L. Belanger, City Manager; Craig Steele, Assistant City Attorney; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, CommunityServices Director; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: Mayor 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Proclaiming September 2000 as "Prostate Cancer Awareness Month." 3. 3.A.2 Proclaiming September 16, 2000 as "Coastal Cleanup Day." 3B. CITY MANAGER REPORTS AND RECOMMENDATIONS: 4. 4.a PUBLIC COMMENTS: Jennifer Ramirez requested Council to consider requiring that cats be spayed, neutered and licensed as is required of dogs. - 4.b , RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no actiononsuch matters may take place. Staff will contact Mrs. Ramirez regarding her request. 5. SCHEDULE OF FUTURE EVENTS: 5.1 STATE ASSEMBLY EXPO 2000 — Saturday, September 9, 2000 — 10:00 a.m. — 6:00 p.m., Puente Hills Mall, 60 Fwy. at Azusa Ave.,; Industry. 5.2 PLANNING COMMISSION September 12, 2000 — 7:00 p.m., AQMD' Auditorium, 21865 E. Copley Dr. 5.3 TRAFFIC & TRANSPORTATION COMMISSION — September 14, 2000 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4. DIAMOND BAR DAY AT L.A. COUNTY FAIR September 18, 2000 — Fairplex, Pomona 5.5 JOINT STUDY' SESSION CITY COUNCIL AND TRAFFIC AND TRANSPORTATION COMMISSION — September 19, 2000 5:00 p.m., AQMD ROOM CC -8,21865 E. Copley Dr. 5.6 ' CITY COUNCIL MEETING September 19, 2000 - 6:30 p.m. AQMD Auditorium, 21865,E. Copley Dr. 5.7 HOUSEHOLD HAZARDOUS WASTE ROUNDUP — October 7, 2000 - 9:00 a.m. —3:00 p.rh., Mt. Sac Parking; Lot B, 1100 N. Grand Ave. Walnut. 6. CONSENT CALENDAR: Moved by C/Herrera, seconded by C/Huff to approve the Consent Calendar, with the exception of Items No.6.5, '6.7, 6.12 and 6.13. Motion carried 5-0 by the following Roll Calf vote: 6.1 APPROVED MINUTES: 6.1.1 Study Session of August 1, 2000- As submitted'. 6.1.2 Regular Meeting of August 1, 2000 - As submitted: 6.1.3 Joint Study Session with Planning Commission of August 15, 2000 — As submitted. (MPT/Ansari abstained from approval) 6.1.4 Regular Meeting of August 15, 2000 — As submitted. (MPT/Ansari abstained from approval) 6.2 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES: 6.2.1 Regular Meeting of June 22, 2000. 6.2.2 Regular Meeting of July 27, 2000. 6.3 APPROVED VOUCHER REGISTER datedSeptember 5, 2000 in the amount of $1,540,026.73. (M/O'Connor abstained from approval of the following Voucher Register items: due to a potential conflict of interest regarding the Lanterman Forensic Expansion Project. 6.1. REVIEWED AND APPROVED TREASURER'S REPORT — for July, 2000. 6.6 APPROVED FY 1999-2000 PURCHASE ORDER CARRYOVER BUDGET ADJUSTMENT in the amount of $1,704,956.75 and authorized the necessary adjustment to the FY 00-01 Municipal Budget. 6.8 APPROVED CONTRACT BETWEEN THE DIAMOND BAR CHAMBER OF COMMERCE AND THE CITY OF DIAMOND BAR FOR FY 2000-01 — Consideration of a contractual agreement between the City of Diamond Bar and the Diamond Bar Chamber. of Commerce in an amount not to exceed $36,000. 6.9 AUTHORIZED PURCHASE OF A FORD E150 XL WAGON (Cargo/Passenger Van) — authorized the City Manager to purchase a 2000 Ford E150 XL Wagon and an allocation of an additional $3,681.94 from the General Fund required to purchase the vehicle from Chino Hills Ford in the amount of $23,681.94. 6.10 '_ APPROVED FINANCE DEPARTMENT STAFFING CHANGE — increased Senior Account Clerk position to full time and approved adjustment to the FY 00-01 Budget. 6.11 AWARDED CONTRACT FOR SPORTS OFFICIATING SERVICES TO TRI COUNTY OFFICIALS, INC. — to Tri -County Officials, Inc. in a not -to -exceed amount of $35,000 per year for the period September 5, 2000 through June 30, 2002. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.2 SECOND READING OF ORDINANCE NO 06(2000): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CaIPERS) - Moved by M/O'Connor, seconded by MPT/Ansari to waive full reading and adopt Ordinance No. 06(2000), "An Ordinance of the City Council of the City of Diamond Bar authorizing an Amendment to the Contract between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement System (CalPERS)." _Motion carried 5-0 by the following Roll Call voter 6.3 CONSIDERATION, OF BUS STOP SHELTER AGREEMENT - The City has an agreement with Eller Media Company to provide bus stop shelters and benches. The agreement is scheduled to expire unless replaced with anew agreement. Staff has negotiated a new seven-year agreement that provides for the same $24,000 payment per year to the City as is in the current agreement, plus provides the following: All existing bus stop shelters will be removed and replaced with new shelters, the design to be determined by the City; ten additional shelter locations will be added; all existing concrete bus stop benches will be removed and' replaced with new concrete benches, the design to be determined by the City; concrete trash containers will be installed next to each concrete bench, the design to be determined by the City; service to trash containers in front of K -Mart Center will be increased to five days per week; all costs for work related to the above items will be borne by Eller Media Company; plusanoption for an additional seven-year extension. Tony Ingegneri, VP, Public Affairs - Eller. Media Co C/Huff requested night-time inspections of the shelters to ensure that they are adequately lighted. Moved by MPT/Ansari, seconded by C/Huff to approve a contract with Eller Media Co., for a period of seven years from July 1, 2000 to June 30, 2007 with the provision that Eller meet with Foothill Transit and City staff for design of the shelters. Motion carried 5-0 by the following Roll Call vote: 6.12 AWARD OF CONTRACT TO R.F. DICKSON COMPANY, INC. FOR STREET SWEEPING SERVICES — The City has contracted with Athens Services since 1990 to provide street sweeping services. The current contract expires September 30, 2000. On August 4, 2000, a'Request for Proposals was distributed to 13 service providers. Four proposals were submitted. Staff has extensively evaluated all firms and their proposals and has determined that R.F. Dickson Company, Inc. represents the best -qualified firm for a cost effective and quality street -sweeping program. R.F. Dickson has proposed the lowest cost per curb -mile at a rate of $11.47 Moved by M/O'Connor, seconded by C/Huff to award a 5 -year contract to R -.F. Dickson Company,; Inc. for street sweeping services beginning October 1, 2000 and ending September, 30, 2005 and authorize the Mayor to execute the contract on behalf of the City Council. Motion carried 5-0' by the following Roll Call vote: 6.13 AWARD OF CONTRACT TO TOTAL PLAN AND SPACES FOR SPACE PLANNING AND OFFICE DESIGN SERVICES RELATED TO RELOCATING CITY HALL TO THE AQMD FACILITY AND APPROPRIATE THE NECESSARY FUND ($45,000) FROM GENERAL FUND RESERVES Earlier this year, Council; expressed interest in relocating the City Hall offices from the current location to the AQMD campus. The current condition of the proposed office space at the AQMD facility lacks the necessary` tenant improvements to accommodate the needs of the organization. The space will need to be designed to include the existing modular office equipment at both City offices, the existing modular office equipment at the AOMD facility, a public counter area, a lobby/reception area, conference rooms, and additional closed offices. Moved by C/Chang, seconded by MPT/Ansari to award contracts to "Total Plan" and "Spaces" for space planning and office design services related to the relocation of City Hall to the AQMD facility and appropriate the necessary funds from .General Fund reserves ($45,000):_ Motion carried 5-0 by the following Roll Call vote: 7. PUBLIC HEARINGS None 8. OLD 'BUSINESS: 8.1 AWARD OF CONTRACT FOR SITE MASTER PLANNING AND ARCHITECTURAL DESIGN SERVICES RELATED TO THE COMMUNITY/SENIOR CENTER - Council directed staff to seek proposals from qualified architectural firms for site master planning, design development, construction documents and construction support services. In June 2000, Council approved the budget for the planning and construction of the community/senior center, which is part of the FY 00-01 Municipal Budget. Moved BY C/Huff, seconded by M/O'Connor to award a contract to the architectural firm of Gonzalez/Goodale in the amount of $482,000 for provision of program confirmation, master planning, highly detailed schematic design, project modeling, design development, construction documents and construction support services related to the creation of a community/senior center building at Summit Ridge Park. Motion carried 5-0 by the following Roll Call vote: 8.2 CONSIDERATION OF STATEMENT OF PRINCIPLES AND COMMITMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES REGARDING THE PROPOSED EXPANSION OF THE LANTERMAN DEVELOPMENTAL CENTER - Council and members of the Lanterman Advisory Committee have been negotiating an agreement,with the State Department of Developmental Services (DDS) since March 2000. The proposed agreement is the culmination of months of work by the Advisory Committee, representatives of DDS, Assemblymember Robert Pacheco's office and City staff. The Statement of Principles' and Commitment calls for reduction of the overall number of available beds to serve clients at the andmandatesh facility, tphase-in plan for the transfer of clients from other facilities, at, after treatment, individuals are placed back in the community they resided in prior to placement at Lanterman Developmental Center. In addition, the Statement requires the development of a facility security plan prior,to any severe behavioral patient being moved and creation of a Community Advisory Committee to review the severe behavioral program. M/O'Connor recused herself from discussion of this matter Council consensus to continue the matter to September 19, 2000. Dr. Larry Rhodes — Felt that the document sent to the public is not the same as agreed to by the Task Force. Sue Sisk — Reinforced Council's decision to continue the matter to the next City Council meeting on September 19, 2000. Assemblyman Robert Pacheco - Recommended Action It is recommended that the City Council approve the Statement of Principles & Commitment between the State of California Department expansion t of the Developmental Services and the City regarding the' proposed p p man Developmental Center. 8.3 IMPLEMENTATION OF 9/80 ALTERNATIVE WORK SCHEDULE- At its July 18, 2000 meeting, Council discussed alternative work schedules and j directed staff to study the issue and report back the findings. There are various types of alternative work schedules, which provide extended hours of daily operation for their customers as compared to the traditional schedule. Staff conducted a survey of the 53 cities of the L.A. Division of the League of California Cities regarding alternative work schedules. If the City implements an alternative work schedule, it would be more practical to change the hours of operation commencing with the first day at the proposed new City Hall location, the AQMD facility: Recommended Action: It is recommended that the City Council (1) adopt an alternative 9/80 program with City Hall hours Monday through Thursday from 7:30 a.m. to 5:30 p.m. and Fridays from 7:30 to 4:30 p.m.; (2) commence the 9/80 program the first day of operations begin at the proposed new City Hall location, the AQMD facility; (3) direct staff to initiate a public awareness campaign prior to 'relocating. The campaign would consist of press releases, newsletter articles, cable announcements, and flyers. Council consensus to continue the matter to September 18, 2000. 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY 9:08 p.m. Next Resolution No. RA 2000-02 1. CALL TO ORDER: Chair/Huff called the meeting to order at 9:08 p.m. ROLL CALL: Agency Members Ansari, Herrera, O'Connor, VC/Chang, C/Huff Also present were: Terrence L. Belanger, Executive Director; Craig Steele, Assistant Agency Attorney; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Lynda Burgess, Agency Secretary. 2 PUBLIC COMMENTS: 3. CONSENT CALENDAR: AM/O'Connor, seconded by AM/Chang to approve the Consent Calendar. Motion carried 5-0 by the following Roll Call vote: 3.1 APPROVED MINUTES; 3.1.1 Regular Meeting of August 1, 2000 —As submitted. 3.1.2 Regular Meeting of August 15, 2000 — As submitted. 3.2 APPROVED VOUCHER REGISTER - September 5, 2000 in the amount of $4,095.00. 3.3 REVIEWED AND APPROVED TREASURER'S REPORT - for July 2000. 3.4 APPROVED FY 2000 PURCHASE ORDER CARRYOVER BUDGET ADJUSTMENT in the amount of $674,787.04, and authorized the necessary adjustment to the FY 00-01 Municipal Budget. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7 AGENCY MEMBER COMMENTS: RECONVENE CITY COUNCIL MEETING: 9:22 p.m. 10. COUNCIL SUB-COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: 12. ADJOURNMENT: 10:10 p.m. Next Resolution No 2000-51 Next Ordinance No. 07(2000) STUDY SESSION: 5:05 p.m., CC -'8 Joint Meeting with the Parks and Recreation ,Commission Also present were: Terrence L. Belanger, City Manager; Craig Steele, Assistant City Attorney; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Teresa Arevalo, Sr. Administrative Assistant; Debbie Gonzales, Administrative Secretary and, Marsha Roa, Community Services Assistant. 1. CLOSED SESSION; 6:10 p.m., CC -8 Conference with Legal Counsel - Existing Litigation. G.C. Section 54956.9(a) - Beach-Courschene vs. City of D.B. No reportable action taken. 2. CALL TO ORDER: 6:50 p.m. PLEDGE OF ALLEGIANCE: Council Member Chang INVOCATION: Pastor Paul Lehman-Schletewitz, Walnut Valley Betheren in Christ ROLL CALL; Council Members Chang, Herrera, Huff, Mayor Pro Tem Ansari, Mayor O'Connor Also present were Terrence L. Belanger, City Manager; Craig Steele, Assistant City Attorney; David Doyle, Deputy City Manager; David Liu:, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: Mayor 3A. SPECIALPRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3. .1 Proclaiming September 2000' as "Prostate Cancer Awareness Month." Proclaiming September.l6, 2000 as 'Coastal Cleanup Day." 3B. CITY MANAGER REPORTS AND RECOMMENDATIONS: 4. 4.a PUBLIC COMMENTS: Jennifer Ramirez - requested Council to consider requiring that cats be spayed, neutered and licensed as is required of dogs. 4.b RESPONSE TO PUBLTC C014 -LENT: Under the Brown Act, members' of the City Council may briefly respond to public comments but no extended -discussion and no action on such matters may take place. Staff will contact Mrs. Ramirez regarding her request. 5 SCHEDULE OF FUTURE EVENTS: 5,1 STATE ASSEMBLY EXPO 2000_- Saturday, September 9, 2000 10:00 a.m. - 6:00 p.m., Puente Hills Mall, 60 Fwy, at Azusa Ave., Industry. 5.2PLANNING COMMISSION September 12., 2000 - 7:00 p.m., AQMD Auditorium 21865 C � E. _op1 ey Dr. 5.3 TRAFFIC & TRANSPORTATION COMMISSION - September 14, 2000 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4. DIAMOND BAR DAY AT L.A. COUNTYFAIRSeptember 18, 2000 - Fairplex, Pomona '5.5 JOINT STUDY SESSION - CITY COUNCIL AND TRAFFIC AND TRANSPORTATION -COMMISSION - September 19, 2000.- 5:00 p.m., AQMD ROOM CC -8, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING September 19, 2000 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 HOUSEHOLD HAZARDOUS WASTE ROUNDUP,- October 7, 2000 - 9:00 a.m. - '3:00 p.m., Mt. Sac Parking Lot B, 1100 N. Grand. Ave. Walnut. 6. CONSENT CALENDAR: Moved by C/Herrera, seconded by C/Huff to approve the Consent Calendar, with the exception. of Items No.6.5, 6.7, 6.12 and 6.13. Motion carried 5-0 by the fob -1 -owing Roll Call vote: 6._ PPROVED MINUT 6.1.1 Ludy Session o gust 1, 2000 - As submitted. 6.1,2, Regular Me ng of August 1, 2000wyu� As 6.1 Joint ud Session submitte . y on with Plan �i Commission of Au ffust 15, 2000 - As subm-17 .1..4 pular; Meeting of�gust 15, 2000 - As submitted. 1-2 RECEIVED AND FILED PARKS & RECREATION'COMMISSION MINUTES 6. Regular MeetiYri of June 22 20`00 .­­ 6 ..2 Regular��Meeting of July 27, 20, .3 APPROVED UOiJGHER REGISTER - dated September 5, 2000 in the amount of $1,540,026.73. (,M/O'Connor abstained from approval of the following Voucher Register items. due to a potential conflict of interest regarding the Lanterman Forensic Expansion P oject. b. REVIEWED AND APPROVF,D TREASURER'S REPORT for July, 20,60. r 6.-�P`PRO FY 1999-200 PU�SE ORDERY�R BUDGET �,DJUS ENT `$ in the --`'amount of $1,M, 956.75 and v author�zd the necessary adjustment to the FY 00-01 Municipal Budget. .8 APPRO CONTRACT BETWEEN THE DIAMOND BAR CHAMBER OF COMM CE D THE CITY OF DIAMOND BAR FOR F 2000=01 - Co iderati of a coi act 1 agreement b wee the ity Diamond Ba a e Diamon Bar Ch er of Co ce in an amount not to exceed36r 000. 9 AUTHORIZED PURCHASE OF A FORD E150XL WAGON (Cargo/Passen er Van) - authorized' City Manag to purchase a 0 Ford E150 XL Wago and a allot ion o an addit" nal $3, 81.94 from t eneral Fu fired to urc e the vehic from no Hills Ford in the amount $23,681.94. I 0 APPROVED ANCE PARTMEN'T STAFFING increases Senior ccount Clerk osition to Xell time ari2� r6ved ad � meet to the FY 0 t. .11 AWARDED CONTRACT FOR SPORTS OFFICIATING SERVICES TO TRI - COUNTY OFFICIALS INC. - to Tri -County Officials, Inc. in a not -to -exceed amount of $35,000 per year for the period September 5, 2000 through June 30 2002 g . _. MATTERS WITHDRAWN FROM CONSENT CALENDAR: .5 SECOND READING OF ORDINANCE NO 06(2000): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF, THE CALIFORNIA PUBLfiC EMPLOYEES' RETIREMENT SYSTEM (CalPERS) Moved by M/O''Connor, seconded by MPT/Ansari to waive full reading and adopt Ordinance No. 06(2000), "An Ordinance of the ' City Councilof the City of Diamond Bar authorizing an Amendment to the Contract between the City Council of the City of Diamond Bar and the Board of Administ-ration of the California Public Employees' Retirement System (CalPERS)." Motion carried 5-0 by the following Roll Call vote 6..6 CONSIDERATION OF BUS STOP SHELTER AGREEMENT - The City has an agreement with Eller Media Company to provide bus' stop shelters and benches The agreement is scheduled to expire unless replaced with a new agreement. Staff has negotiated a new seven. -year agreement that provides for the same $24,000 payment per year to the City as is in the current agreement, plus provides the following; All existing bus stop shelters will be removed and replaced with new shelters, the design to be determined by the City; ten additional shelter locations will be added; all existing concrete bus stop benches will be removed and replaced with new concrete benches, the design to be determined by the City; concrete trash containers will be installed next to each concrete bench, the design to be determined by the City; service to trash containers in front of K -Mart Center will be increased to five days per week; all. costs for work related to the above items will be borne by Eller Media Company; plus an option for an additional seven-year extension. Tony Ingegneri, VP, Public Affairs Eller Media Co. C/Huff requested night-time inspections of the shelters to ,ensure that they are adequately lighted. Moved by MPT/Ansari, seconded by C/Huff to approve a contract with Eller Media Co., for a period of seven years from July 1, 2000 to June 30 2007 with the provision that Eller meet with Foothill Transit and City staff for design of the shelters. Motion carried 5-0 by the following Roll Call votes 6;:12 ARD OF CONTRACT TO R.T. DICKSON COMPANY, INC. FOR TREET SWEEPING SERVICES a The City has contracted with Athens Services since 1990 to provide street sweeping services. The current contract expires September 30, 2000. On August 4, 2000, a Request for Proposals was distributed to 13 service providers. Four proposals were 'submitted. Staff has extensively evaluated all firms and their proposals and has determined that R.F. Dickson Company, Inc. represents the best -qualified firm for a cost effective and quality street -sweeping program. R.F. Dickson has proposed the lowest cost per curb -mile at a rate of $11.47. Moved by M/O'Connor, seconded by C/Huff to award a 5 -year contract to R.F. Dickson Company, Inc. for street sweeping services beginning October 1, 2000 and ending September 30, 2005 and authorize the Mayor to execute the contract on behalf 'of the City Council. Motion carried 5-0 by the following Roll Call vote; 6.13 AWARD OF CONTRACT TO TOTAL PLAN AND SPACES FOR SPACE PLANNING AND OFFICE DESIGN SERVICES RELATED To RELOCATING CITY HALL TO THE AQMD FACILITY AND APPROPRIATE THE NECESSARY FUND ($45,000) FROM GENERAL FUND RESERVES Earlier this year, Council expressed interest in relocating the City Hall offices from the current location to the AQMD campus. The current condition of the proposed office space at the AQMD facility lacks the necessary tenant improvements to accommodate the needs of the organization. The space will need to be designed to include the existing modular office equipment at both City offices, the existing modular office equipment at the AQMD facility, a public counter area, a lobby/reception area, conference rooms, and additional closed offices. Moved by C/Chang., seconded by MPT/Ansari to award contracts to "Total Plan" and `Spaces" for space planning and office design services related to the relocation of City Hall to the AQMD facility and appropriate the necessary funds from 'General Fund reserves'($45,, 000) Motion carried 5-0 by the following Roll Call vote: j 7. PUBLIC HEARINGS None 8. OSINESSc` .1WARD OF CONTRACT FOR SITE MASTER PLANNING AND ?ARCHITECTURAL DESIGN SERVICES RELATEDTO THE COMMUNITY/SENIOR CENTER - Council directed staff to seek proposals from qualified architectural firms for site master planning,, design development:, construction documents and construction ct on support services. In June 2000, Council approved the bud -get for the planning and construction 'of the communitylsenior center, which is part of the FY 00-01 Municipal Budget. Moved BY C/Huff, seconded by M/O'Connor to award a contract to the architectural firm of Gonzalez/Goodale in the amount of $482,000 for provision of program confirmation, master planning, highly detailed schematic design, project modeling,, design development, construction documents and construction support services related to the creation of a community/ senior center building at Summit Ridge Park-. Motion carried 5-0 by the erl owing Roll Call vote .2 CONSIDERATION OF STATEMENT OF PRINCIPLES AND COMMITMENT WITH,;THE STATE OF CALIFORNIA DEPARTMENT OF DEVELOPMENTAL SERVICES' REGARDING THE PROPOSED: EXPANSION OF THE LANTERMAN DEVELOPMENTAL CENTER - Council and members of the Lanterman Advisory Committee have been negotiating an agreement with the State Department of Developmental Services (DDS) since March 2000. The proposed agreement is the culmination of months of work by the Advisory Committee, representatives of DDS, Assemblymember Robert Pacheco's office and. City staff. The Statement of Principles and Commitment calls for reduction of the overall number of available beds to.serve clients at the facility, requires a phase-in plan for the transfer of clients from ether facilities, and mandates that, after treatment, individuals are placed back in the community they resided in prior to placement at Lanterman Developmental Center. Inaddition, the Statement requires the development of a facility security plan prior to any severe behavioral patient being moved and creation of a Community Advisory Committee to review the severe behavioral program. M/O'Connor recused herself from discussion of this matter. Council consensus to`continue the matter to September 19, 2000. Dr. Larry Rhodes- - Felt that the document ` sent to the public is not the same as agreed to by the Task Force. Sue Sisk - Reinforced Council's decision to continue the matter to the next City Council,meeting on September 19, 2000.` Assemblyman Robert Pacheco Recommended Action: It is recommended that the City Council approve the Statement of Principles & Commitment between the State of California Department of Developmental Services and the City regarding the proposed expansion of the Lanterman Developmental Center. 8.' IMPLEMENTATION OF 9/80 ALTERNATIVE WORK SCHEDULE- At its July 18, 2000 meeting, Council discussed alternative work schedules and directed staff to study the issue and report back the findings. There are various types of alternative work schedules, which provide extended hours of daily operation for their customers as compared to the traditional schedule. Staff conducted a.gurvey of the 53 cities of the L.A. Division of the League of California Cities regarding alternative work schedules. If the City implements an alternative work schedule, it would be more practical to change the hours of operation commencing with the first day at the proposed' new City Hail location, the AQMD facility. Recommended Action: It is recommended that the City Council (1) adopt an alternative 9/80 program with City Hall hours Monday through Thursday from 7:30 a.m. to 5:30 p.m. _and; Fridays from 7:30 to 4,30 P.m.; (2) commence the 9/80 program the first day of operations begin at the proposed new City Hall location, the AQMD facility; (3) direct staff to initiate a public awareness campaign prior to relocating. The campaign would consist of press releases, newsletter articles, cable announcements, and flyers. i Council consensus to continue the matter to September 2000. 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY 9:08 p.m. Next ResolutionNo. RA 2000-02 1. CALL TO ORDER: Chair/Huff called the meeting to order at 9:08 p.m.. ROLL CALL: Agency Members Ansari., Herrera, O'Connor, VC/Chang, C/Huff Also present were: Terrence L. Belanger, Executive Director; Craig Steele, Assistant Agency Attorney; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director ,and Lynda Burgess,, Agency Secretary. 2. PUBLIC COMMENTS: 3. CONSENT CALENDAR: AM/O'Connor, seconded by AM/Chang to approve the Consent Calendar. Motion carried 5-0 by the following Roll Call vote: APPROVED MINUTES: 3.1.1 Regular Meeting of August 1, 2000 - As submitted. 3.1.2 Regular Meeting of August 15, 2000 - As submitted. 3,Z' APPROVED VOUCHER REGISTER September 5, 2000 in the 'amount of $4,095.00. "�3 REVIEWED AND APPROVED TREASURER'S REPORT - for July 2000. 3. APPROVED FY 2000 PURCHASE ORDER CARRYOVER BUDGET ADJUSTMENT - in the amount of $671,787.04, and authorized the necessary adjustment to the FY 00-01 Municipal Budget. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: :RECONVENE CITY COUNCIL METING: 9:22 p.m. 10. COUNCIL SUB -COMMITTEE REPORTS: JLL 24-200 15=29 RICHARDS WATSON&GERSHON67 467 P.e2f36 a ' CERTIFIED FOR PUBLICATION CCP' IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA _ THIRD APPELLATE DISTRICT FI (Mono) JUL 2 1 2000 COURT OF APPM TW INSTM ROBERT L USTOK C 2A BY 7 FRIENDS OF MAMMOTHeta., Plaintiffs and Appellants, 0029659 (Super. Ct.. No. 12308) TOWN OF MAMMOTH LAKES REDBvELOPMENT AGENCY at al., Defendants and Respondents, MAMMOTH MOUNTAIN SKI AREA et al.,` Interveners and Respondents.' FRIENDS OF MAMMOTH at al., Plaintiffe and Appellants, C031043 v. ('Super. Ct. NO...'12334) TOWN OF MAMMOTH'LAKES at al. Defandants` and Respondents, MAMMOTH MOUNTAIN SKI AREA et al., Interveners and Respondents.: _ 1 JUL-24-2ee IS: 29 RICFWRDS WATSON' GER§40N67 467 P.03 36 0 s APPEAL from a judgment of the Superior Court of Mono County., N. Edward 'Denton, Judge. Reversed. Kane, Ballmer & Berkman, Murray 0. Kane, R. Bruce Tepper, Jr., Stephanie R. `Scher for Plaintiffs and Appellants on Nos, 0029659 and C031043, McDonough, Holland & Allen and T. Brent Hawkins for the Counties of Del Norte, Humboldt, Kern, Lassen, Los Angeles, Madera,,Merced, Nevada,., Riverside, San Benito, Santa Clara, Santa Cruz, Tulare, and'Yolo', as Amici Curiae on -behalf of Plaintiffs and Appellants in No. C031043. Peter E. Tracy, Town Attorney; Stephen M. Place; Sabo & Green, Charles R. Green,James C Fedalen and William P.`Medlen for Defendants and Respondents in Nos. CO29659 and C031041. Landels, Ripley & Diamond, Michael H.'Zischke, Ted Stevens for the Cities of Albany, Bishop, Garden Grove, Hayward, Piedmont, San Juan `Capistrano, Sierra Madre, and Temple City, Carol A. Korade'for City of Alameda; Sonia R. Carvalho for Cities of Azusa and Claremont; Bart J. Thiltgen for City of Bakersfield; Richard M. Manning for City of Capitola; Ronald R. Ball for City of Carlsbad; Michael G. Colantuono for City of Cudahy; Alan J. Peake for City of Delano; Michael Jenkins for the Cities of Diamond Bar and Nest Hollywood; Brad L. Fuller for City of Eureka;: Harvey E. Levine for City of Fremont;, Linda A. Callon for City of Gilroy, John R. Harper for City of Grand Terrace; Francis R. Ruggieri'for City of Gustine; David R. McEwen for City of Lancaster; Charles J. Williams for City of Lafayette; Thomas R Curry for City of Livermore; Randall A.. Hays for City of Lodi; Robert E. Shannon for City of Long Beach; Joseph A. Soldani for City of Madera; Steven F Nord for City of Merced; Anthony Canzoneri for City of Monterey Park; Robert D. Herrick for City of Moreno Valley; William B. Conners for City of Monterey.; Michael D. Martello for City of Mountain -View; John - R. Harper for the Cities of Murrieta and Norco; Jayne W-. Williams for City of Oakland;: David J. Erwin for City of Palm Desert; Scott Nichols for the Cities of Pico Rivera and Walnut Carol B. Tanenbaum for City of Placentia; Stephen M. Ecais for City of Poway; W. Leonard Wingate for City of Redding; Daniel J. McHugh for City of Redlands; Robert A. Owen for City of Rialto; Hadden Roth for Town of Ross,and City of San Rnseimo, Robert' J. Lanzone for City of San Carlos; Brian M. Libow for City of San Pablo; Phillip H. Bomney for City of Santa Paula; Rene A. Chouteau for City of Santa Rosa; Scott S. Smith for City of Santee; Valerie J. Armento for City of Sunnyvale; Ann R. Danforth for Town of Tiburon; Debra E. Corbet for City of Tracy; Charles 0. Lamoree for City of Vacaville; Henry R. Kraft for 2' AL -24-2,000 15:30 R I CHARDS WATSON&GERSHON67 467 P.04/36 r City of Victorville; Larry G, Bacon for City of Yreka; Naomi Silvergleid for Town of Yucca Valley; as Arnici Curiae on behalf of Defendants and Respondents in No. CO29659. Rollston, Henderson, Rasmussen & Crabb, J. Dennis Crabb for Town of Truckee; Michael Jenkins, Richards, Watson & Gershon, T. Peter Pierce, Steven R. Orr, for ,the Cities of Alameda, Albany, Avalon, Bakersfield, Bishop, Carson, Cerritos, Delano, Diamond Bar,Dinuba, Hollister, Huron, Long Beach, Los Altos, Monterey Park, Mountain View, Oceanside, Orange Cove Pico Rivera, Piedmont, Ripon, Ross, San Anselmo, San Bruno, San Buenaventura, Seaside, Walnut, and Wasco, the Barstow Redevelopment Agency, and the Bishop Redevelopment Agency; as Amici Curiae on behalf of Defendants and Respondents in No. 0031043. David S. Baumwohl for Interveners and Respondents, Mammoth Mountain Ski Area and Mammoth Mountain Land Corporation in Nos Co29659 and C031043. Liebersbach, Mohun, Carney & Reed, R. 'Mark Carney and James S. Reed for Interveners_ and Respondents, Intrawest Mawwth Corporation in Nos. CO29659 and C031043. In this consolidated appeal, we address challenges to a' redevelopment plan adopted by the Town of Mammoth Lakes and the environmental analysis performed on that plan. The trial court determined both the environmental analysis and the redevelopment plan complied with governing law.' We disagree, and reverse both the trial court's judgment upholding the environmental analysis and the trial courts judgment on the validity of the redevelopment plan.' Our decision also nullifies the trial court`a denial of motions to tax costs in the two actions below. FACTS In March of 1996, defendants Town of Mammoth Lakes and Town of Mammoth Lakes Redevelopment Agency ("Agency"; collectively, the "Town") began the process established by the Community Redevelopment Law (Health & Saf. Code, 5 33000 et seq.) to adopt 3 , r JUL-24-2000 15;30 - RICHARDS WATSON&GERSHON67 467 P.05r36 a redevelopment plan. Part of this process included -the preparation of an environmental impact report ("EIR^) pursuant to the California Environmental Quality Act ("CEQA"? (Pub- Resources Code, 5 21000 et seq.). on June 18, 1997, both the Agency's governing.Board of Directors and the .Town Council certified the EIR. The Agency also approved 'the proposed redevelopment plan and its accompanying report (the "Final Report') and forwarded the documents to the Town Council. On July 2, 1997, the Town Council adopted Ordinance No. 97-08 approving the redevelopment plan. The redevelopment plan applied to a project area consisting of three areas of land totaling over 1,100 acres- A main area of about 907 acres; Subarea 1 consisting of a 30 -acre industrial park; and Subarea 2 consisting of the;approxiniately,200-acre airport (collectively, the "Project Area"). Subareas 1 and 2 were not contiguous to the maize area or to each other. The main area contains the Town's traditional downtown Commercial area as ;well as approximately 1,200 units of 'housing, about half of which are condominiums. It also encompasses a site designated for development of a community college and portions of three partially developed recreational resort areas: Lodestar at Mammoth;, Juniper Ridge and North Village. The college site,, the resort areas and the airport were the subjects of significant proposed 'development and corresponding ,environmental review approved before the redevelopment pian was 4 JUL-24-2000 15:31 RICHPFj)S WATSON&GERSHON67 467 P.06.36 adopted. Most of that proposed development had not occurred, however, by the time the Town adopted the redevelopment plan. Plaintiffs Friends of Mammoth, Andrea M. Lawrence, Patricia Savage and Pat Eckart (collectively "plaintiffs") filed two actions challenging the Town's adoption of the redevelopment plan. The first (0029659 on appeal) was a petition for writ of mandate against the Agency and the Town Claiming the redevelopment plan EIR`failed to comply with the requirements of CEQA. The second '(C031043 on appeal)was a validation.action under Code of Civil Procedure section 860 et seq. against the Town, the Agency, and all persons interested in the adoption of the redevelopment plan, claiming the redevelopment plan did not comply with the requirements of the Community Redevelopment Law. By judgment dated May 5, 1998, the trial court denied the CEQA mandate petition and awarded costs to the Town. By judgment dated October 21, 1998, the trial court also determined the redevelopment plan, was valid, ordered plaintiffs take nothing by their complaint, and awarded costs to the Town. Plaintiffs filed motions to 'tax costs in each case,: both of which were denied in full by the trial court. Plaintiff's timely appealed each judgment We consolidated the appeals on plaintiffs' motion.' We will provide additional facts as required.? z Also appearing in -both appeals are interveners Mammoth Mountain Ski Area, Mammoth.Mountain Land Corporation and Intrawest Mammoth Corporation. 5 JLL-24-20M 15.31 RICHARDS WATSON&GERSHON67 467 P.07/36 CEQA APPEAL (CO29659) L Standard of Review We review the Town's decision certifying the redevelopment plan 'EIR`to determine "whether there was a prejudicial abuse of discretion. Abuse of discretion is established if the agency The following cities and towns appear',in CO29659 in support of defendants:Albany, Alameda, Azusa, Bakersfield, Bishop, Capi;tola, Carlsbad, Claremont, Cudahy, Delano, Diamond Bar, Eureka, Fremont, Garden Grove, Gilroy, Grand Terrace, Gustine, Hayward, Lancaster, Lafayette, Livermore, Lodi, Long Beach, Madera, Merced', Monterey, Monterey Park, Moreno Valley, Mountain View, Murrieta Norco, Oakland, Palm Desert, Pico Rivera, Piedmont, Placentia, Poway,' Redding, Redlands, Rialto, 'Ross, San Anselmo, San Carlos, San Juan Capistrano, San Pablo, Santa Paula, Santa Rosa, Santee, Sierra Madre, Sunnyvale, Temple City, Tiburon,' Tracy, Vacaville, Victorville, Walnut, West Hollywood, Yreka, and Yucca Valley. The following counties appear is C031043 in support of plaintiffs: Del Norte, Humboldt, Kern, Lassen, 'Los Angeles, Madera, Merced, Nevada, Riverside, San Benito,.Santa Clara, Santa Cruz, Tulare, and Yolo (collectively "Amicus CountiesA) The following cites, towns and redevelopment agencies appear in C031043 in support of defendants! Alameda, Albany, Avalon, Bakersfield, Barstow Redevelopment Agency, Bishop, Bishop Redevelopment Agency, Carson, Cerritos, Delano, Diamond Bar,'Dinuba, Hollister, Huron, Long Beach,` Los Altos, Monterey Park, mountain View, Oceanside, Orange Cove, Pico Rivera, Piedmont, Ripon, Ross, San Anselmo, San Bruno, San Buenaventura, Seaside, Truckee, Walnut, and Wasco. 2 Plaintiffs and Amicus Counties submitted separate requests to take judicial notice of various items. Pursuant to Evidence Code sections 451, 452, and 459, and our ruling in People v, Patterson (1999) 72'Cal App.'4th 438,.442-445, we grant plaintiffs' request it its entirety, and we grant Amicus Counties' request except as to itemsl.e., 1.h., 1.k., 1.1., 3.m_, and 1.o, 6' JtA-24-2000 15--32 RICHARDS WATSON&GERSHON67 467 P.Oa 36 has not proceeded in a manner required by law or if the determination or decision is not supported by substantial evidence_~ (Pub. Resources Code, § 21168.5; see also Western states Petroleum Assn. v. Superior Court (2995).9 Cal.4th 559, 567-568.} "on_.appeal, our task is the same as the trial court's, ,that is to review the agency's actions to determine whether the agency complied with the procedures required by law.' (Citation.] The trial court's conclusions are not binding on us." (Davidon Holmes v city of San Jose (1997) 54 Cal.App.4th 106, 113-114.) Nevertheless, the EIR-is presumed adequate, and plaintiffs bear the burden of proving otherwise. (Pub. Resources Code, S'21167.3; State of California v. Superior Court (1990) 222 Ca1.App.3d 1416, 1419.) II Adequacy of EIR's Analysis of Proposed Redevelopment .Projects Plaintiffs claim the EIR violated CEQA, and particularly Public Resources Code section 21090,,by failing, to analyze the indirect or secondary environmental impacts likely to becaused by each of the proposed redevelopment projects included in the redevelopment plan. For the reasons which follow, we agree. If a redevelopment agency desires to -use its funds to purchase land or to construct public buildings, facilities or other improvements which will assist in eliminating' blight, Health and Safety Code section 33445 requires the redevelopment agency to provide for the "acquisition of property and installation or construction of each facility" in the 7 JIJL-24-200015:32 RICHARDS 'WATSONWERSHON67 467 P.013/36 redevelopment plan. (Health & Saf. Code, '9 33445, Subd. (b), emphasis added.) The redevelopment agency must also list in its Final Report the -specific projects then proposed by the agency - to eliminate blight. (Health & Sat. Code, § 33352, subd. (a).) Complying with these requirements, the Town's redevelopment plan "specifically authorized" the Agency "to provide or participate in providing" at least 72 separate and identified public improvemente and facilities.s The projects read like a municipal, wish -list. They include an overhead gondola; an expanded community library and meeting hall; a town amphitheater; a 300 -seat performing arts theater; a school gymnasium; two 2,000 square -foot childcare facilities; a combined fire police and emergency operations center;.an aquatics center, including an 8 -lane 25 -Yard y pool; a conference and ice skating arena; a 20,000 square -foot' recreation center; airport runway ,and taxiway extensions to serve commercial jet aircraft; an expanded airport terminal; and over 2,800 parking. spaces in new underground and above -ground parking structures and lots. The projects include constructing; approximately 400 new housing units; upgrading all Town utilities; undergrounding all overhead utility lines; developing a centralr p opane 3 The redevelopment plan EIR lists 72 develo meet but the redevelopmentF projects, plan its lists 73 separate projects and uses. Further, the Final Report lists al separate projects. In their briefs, the parties refer to'the'proposals as 72, and for the sake of consistency, so do we. 8 JUL-24-2000 15:32 RICHARDS WATS&4&B R5HONf""? 467 P.iQ/36 distribution system for commercial areas; installing fiber optic cable throughout the Project Area; developing a: geothermal heating system for commercial and public uses; upgrading sewer lines; improving storm drains; and installing various road and pedestrian improvements'. The projects also include establishing loan programs to assist in rehabilitating older .hotel6, improving building facades, and recruiting and retaining businesses. They also propose acquiring various parcels of real property to assist in developing commercial and tourist -oriented uses, including the relocation of certainexisting gas stations. The redevelopment plan, states "changes in circumstances or designs may alter the location of any of the facilities described above, or require other related facilities." The plan is valid for 30 years, In the Final Report, the Agency briefly described each proposed project, explained how each would address blight, and estimated each project's cost. The Agency projected the total cost :of the projects would exceed $136.4 million. The Agency also ,prepared a "conceptual" map depicting where most of the projects would be located. The redevelopment plan EIR was prepared as a "program EIR" pursuant to Guidelines section 15168.4 The` redevelopment plan 4 ^Guidelines" refers to the State CEQA Guidelines, certified and adopted by -the Secretary of the California Resources Agency pursuant to Public -.Resources Code section 21083 and codified at Code of Regulations, title 24, chapter 3 (Cal. Code Rags. tit. 14, §§ 15000-15387.) Although our Supreme Court has not yet decided whether the, Guidelines are regulatory mandates or only JU_-24-200@ '15033 RICHPRDS WATSON&GERSHON67 46t P.11/36 EIR did not analyze direct or indirect environmental impacts potentially caused, by each of the 72 development proposals.The EIR states: "Due to the fact that specific characteristics of individual projects which may result :from this Plan are unknown at this time, 'potential 'environmental impacts are addressed in. general terms:" The redevelopment plan EIR thus analyzed primarily the cumulative impacts that could foreseeably occur if all of the proposed projects were actually developed. Much of this analysis was contained in the Town's general planand general plan EIR as well as other previously prepared planning documents and supporting environmental reviews and was incorporated into the redevelopment plan EIR by reference. Table 3-2 of the'ETR, "Proposed Uses and Actions," diets all of the 72 development projects and their locations, provides a brief description of each project, and explains how each 'alleviates blight. Exhibit '3-4 of the EIR is the same map noting the location of the proposed projects as that included in the Final Report. The EIR further explains the map does not include "projects which are program oriented or are '.district- wide The EIR states "[ijndividual improvement and redevelopment/development projects would occur in incremental phases over time, based, largely on economic consideration, interpretive aids,, it has instructed us to "afford great weight to the Guidelines except when a provision is clearly unauthorized or erroneous under CEQA.w (Laurel Heights' Improvement Assn. v. Regents of University of California. (1988) 47 Ca1.3d 376, 391,1n. '2.) 10 JUL-24-2000 15:33 RICA WATSO4&btPi HON67 467 P.12/36 infrastructure improvements, market demand and other planning considerations. The phasing and exact details of each development would be evaluated by the Town of Mammoth Lakes Redevelopment Agency on a case-by-case basis. [1] . . All [of the 72 development projects], may be subject to additional environmental review on an individual Redevelopment Plan basis, in accordance with the provisions of Section 15168.of CEQA [Guidelines], as determined necessary by the Town of Mammoth Lakes.ff At trial, plaintiffs argued the Town violated CEQA by preparing an "ordinary 'program EIR"' for the Redevelopment Plan. Because Public Resources Code section 21090 restricted subsequent environmental review of development activities performed pursuant to the redevelopment pian but the regulations governing program EIRs did not, plaintiffs argued, the Town was obligated to gather and analyze in the EIR as much information about the 72 development proposals as possible instead of deferring such specific review to later. The trial court rejected plaintiffs' argument. It reasoned the statutory and regulatory scheme equated redevelopment plan EIRs with program EIRs.and required the Town to prepare a program EIR. That scheme.also"did not foreclose future environmental; review to the extent plaintiffs feared. The 72 development proposals were just proposals, and CEQA would require the Town to perform additional environmental review should the proposals actually come to fruition and involve new information.' JUL-24-2000 15-34 R I CHARDS WATSONWERSHON67 467 P.13/36 w Before us, plaintiffs claim the 'trial court misstated their argument. Because the Town chose to include the 72 development proposals in the Redevelopment Plan, plaintiffs assert, Public Resources Code section 21090 required the ':Town :to,analyze each of the proposals in the EIR (i) to the same extent CEQA requires analysis of impacts normally associated with general plans, and (2) based on all information available to the Town at that time concerning each of,the 72 proposals. the Town was not -free, they argue, to defer this analysis merely because it prepared a program EIR. Plaintiffs believe under Public Resources Code sections 21090 and 21166 the.information availablewhenthe redevelopment plan EIR was certified could precludefurther environmental review of the 72 development proposals, direct and indirect impacts when the proposed projects are actually developed- To understand; the significance of Public Resources Code section 21090 and determine its scope, we first review how CEQA defines a "project" and accommodates projects of various scope and size by providing for different types of EIRs. We then review the level of detail and analysis CEQA requires of'EIRs. We will then apply the principles gleaned from this review to determine the level. of review CEQA required of the Towns redevelopment plan EIR. To the extent any statutory construction is necessary, we interpret `Public Resources Code section 21090 according to the traditional rules of statutory construction. Although "the Legislature intended [CEQA] to be interpreted in such manner as 12' JUL-24-2000 .15;34 RI04WM WR7SONMER54O467 467 P.14/36 to afford the fullest possible protection to the environment within the reasonable scope of the statutory language" {Friends, of Mammoth v. Board of Supervisors (1972) 8 Cal.3d 247, 259, disapproved on other grounds by Kowis v. Howard (1992) 3 Cal.4th sss 896-897), CEQA itself states "[i]t is the intent of the Legislature that courts, consistent with generally accepted rules of statutory interpretation, shall not interpret [CEQA] or -the [Guidelines] in a manner which imposes procedural or substantive requirements beyond those explicitly"stated in [CEQA] or in the [Guidelines]." (Pub. Resources Code, 21083.1.) - In ;general, CEQA requires a government agency to prepare an EIR before approving or carrying out any discretionary "project" the agency determines may have a significant effect on the environment.. (Pub. Resources Code, $ 21080, subdo. (a), (d).=) A "project" is any "activitywhich may cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, and which is [among other possibilities] an activity directly undertaken by any public agency." (Pub. Resources Code, § 21065; see also 'Guidelines, § 15378, subd. (a).)5 s "(1)"A direct physical change in the environment is a physical change in the environment which is caused by and immediately related to the project. Examples of direct physical changes in the environment are the dust, noise, and traffic of- heavy equipment that would result from construction of a :sewage treatment plant and possible odors from operation of the plant. 13; JLL-24-2000 15:34 RICHARDS WATSOMCERSHON67 467 P. 15/36 CEQA`applies when a public agency proposes to "approve" a project. (Pub Resources Code, 5 21080, subd (a); Guidelines, § 15352.) An approval is "the decision by a public agency which commits the agency to a definite course of action in regard to a project intended to be carried out by any person. (Guidelines, § 15352, subd. (a) . ) CEQA applies to many types of projects ranging fromthe approval of a single use permit for construction of a building to the approval of -a local general plan, (Guidelines, 5 15378, subd. (a)(1).) To accommodate the different types of projects to which it applies, CEQA provides different types of EIRs and accompanying procedures that can be used depending upon the type, specificity, and known detail of the proposed project . under review. The project EIR is the most common and detailed type of EIR. It "examines the environmental impacts of a specific (2) Ari indirect physical change in the environment is a physical change in the environment which isnot'immediately related to the project, but which is caused indirectly by the project. If a direct physical change in the environment in torsi causes another change in the environment, then the other change is an ;indirect physical :change in the environment. For,example, the construction of 'a new sewage treatment plant may facilitate 'population growth in the service area due to the.increase in sewage treatment capacity and may lead to an increase in air pollution': "(3) An indirect physical change is -to be consideredonly if that change is a reasonably foreseeable. impact which may be caused by the project. A change which is speculative or unlikely to occur is not reasonably foreseeable." (Guidelines, 15064, subd. (d), emphasis added.) 14, JUL-24-2WO 1535 R I CHARM WATS HON67 467 P. 16/36 development project. This type of EIR should focus primarily on the changes in the environment that would result from the - development project. The EIR shall examine all phases of the project including planning, construction, and operation." (Guidelines, § 15161.) Once a project EIR has been certified by the lead agency,, Public Resources Code section 21,196 prohibits additional environmental review on that `project unless at least one of three events occurs: ri(a) Substantial changes are proposed in the project which will 'require major revisions of the -environmental impact report. [I] (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will 'require major revisions in the environmental impact report. [11' (c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available." (Pub. Resources' Code, § 21166; see also Guidelines, 95 15162, 15163.) In contrast, for projects consisting of a policy, plan, program or ordinance, CEQA encourages agencies to "tier" EIRs and provides a number of ways to do so. Tiering is "the coverage of general matters and environmental effects in an environmental impact report prepared fora policy, plan, program or ordinance followed by narrower or site-specific environmental impact reports which incorporate by reference the discussion in any prior environmental impact report and which concentrate on the environmental effects which (a) are capable of being 1S Jt --24-2000 15=35 RICHPRDS WATSON&GERSHON67 467 P.17i36 mitigated, or (b) were not analyzed as significant effects on the environment in the prior environmental impact report." (Pub. Resources Cade, 5 21068.5.) The standard for determining whether to engage -in additional CEQA review for subsequent projects under a tiered EIR is more relaxed than the prohibition against additional review imposed by Public Resources Code section 21166 for project EIRs.. Fora subsequent project that is consistent with the program or plan analyzed in a first-tier EIR, CEQA requires a lead agency to prepare an initial study to determine if the later project may cause significant environmental effects not examined in the first-tier EIR. If the later project will cause such effects, the lead agency mint prepare another EIR. (Pub. Resources Code, § 21094, subds. (a), (c).}6 if the subsequent project is not consistent with the program or plan, it is treated as <a new project and must be fully analyzed in a'project- or another tiered-EIR if it may have a significant effect on the environment. If the subsequent project is actually the same project reviewed in the first-tier EIR, it cannot be subject to further environmental review unless s This second-tier EIR need only analyze those significant effects of the later project which were either not mitigated or avoided as a result of the first-tier EIR or were not examined at a sufficient level of detail in the first-tier EIR to enable those effects to be mitigated or avoided by site-specific revisions, the .imposition of conditions, or by other means in connection with the nater approval. (Pub. Resources Code, §' 21094; Guidelines 16 JU--24-2800 15.36 RICHARDS WATSON&GERSNOV67 467 P.18/36 the requirements of Public Resources Code section 21166 are satisfied. (Pub_ Resources Code, § 21094, subd. (b); Sierra Club v. Co=ty of Sonoma (1992) 6- Cal_App.4th 1307, 1319-1321. ) Now we come to the application of CEQA to a proposed redevelopment plan. Local government agencies establish redevelopment agencies and adopt; redevelopment plans to improve, rehabilitate, and redevelop blighted areas (Health & Saf. Code, §`33131.) xAs the fundamental document governing a redevelopment agency's activities, a redevelopment plan basically acts as the agency's charter. Adopted by the local legislative body (a city council or county board of supervisors), the plan establishes long-term planning goals as well as implementation policies and procedures for the redevelopment of a designated project area. It also serves as a financing plan by authorizing the agency's use of particular financing tools to; implement projects and polices. A redevelopment plan may also establish certain limitations on the authority of a redevelopment agency to conduct activities within a project area. A redevelopment plan is typically a very general document, providing the agency with great flexibility." (Beatty et al., Redevelopment in California (2d ed. 1945) at p. 25.) "By exercising certain of its powers to implement redevelopment, a redevelopment agency may induce private investment in an area. The success of any redevelopment, project is 'dependent upon whether private lenders, developers, owners, and tenants can be`persuaded to participate in the process. 17 JLL-24-2000 15:36 ' R I CHAR WAT T 467 P.19/36 Thus, aredevelopment agency is unique among public entities since in order to achieve its objective of eliminating blight .it must rely upon cooperation with the private sector. Redevelopment is also a process which occurs over a--period of years. These realities dictate that a redevelopment, plan be written in terms that enhance a redevelopment agency's ability to respond to market conditions, development opportunities and the desires and abilities of owners and tenants. Such a'plan then cannot always outline in detail each project that a redevelopment agency will undertake during the life of the plan." (County of Santa Cruz v. City of Watsonville (1985) 177 Cal.App.3d 831, 841.) The redevelopment plan must conform to the local agency's general plan, including the general plan's land use and housing elements. (Health & Saf. Code, § 33367, subd. (d)(4).) As stated earlier,, a redevelopment plan must name each public facility the redevelopment agency 'desires to provide or land it v seeks to acquire to help alleviate blight. (Health & Saf. Code, § 33445.) It must also 'contain the approximate amount of open spaceto be provided; limitations on. the type, size, height, number, and proposed use of buildings; the approximate number of dwelling units to be provided, and a description of property to be devoted to public purposes and the nature of .such purposes. (Health & Saf. 'Code, § 33333, subds. (a) - (d) . ) The Community Redevelopment Lars authorizes redevelopment plans to remain valid for many years. If the redevelopment plan authorizes the redevelopment agency to use tax increment . 18 JJL-24-2000 '15:36 RICHARDS WATSON&GERSHON67 467 P.20:=36 financing, as is the case here, the duration of the redevelopment plan may run as long as, but cannot exceed, 30 years. (Health & Saf. code, 6 33333.2,. subd. (a`) (2) .) Indebtedness to be 'repaid out of tax increments cannot be established beyond 20 years from the plan's adoption and must be repaid within 45 years of the plan's adoption. SHealth & Saf. Code, 5 33333.2, subds. '(a)(1), (3).) Also, any eminent domain proceedings to acquire property within the redevelopment project area mush be commenced within 12 years of the plan's adoption (Health &'Saf. Code. § 33333.2, subd. (a)(4)•) Based on the above, a redevelopment plan at first blush would appear to be an ideal candidate for a first-tier EIR, with all projects implemented pursuant to the redevelopment plan being subject to their own additional and project -specific EIRs. By adopting Public Resources `Code 'section 21090, however, the Legislature,determned a redevelopmentplan ETR and all public - and private projects implemented pursuant to that plan should be treated as a single project for purposes of CEQA. The statute reads in its entirety: "For all purposes of this division [CEQAI, all public and private activities or undertakings pursuant to, or in furtherance of a redevelopment plan shall be deemed to'be a single project. However, further environmental review of any public or private activity or undertaking pursuant to, or in furtherance of a redevelopment plan -shall "'be conducted if any of the events specified in [Public Resources Code] Section 21166 have occurred." 39 Jt I --24-2000 15:37 R I CHWDIS WRTS643rERb-ICM7 46 i P. 21/36 Guidelines section 15180 implements Public Resources Code section 21090 as follows: "(a) All public and private activities or undertakings pursuant to or in furtherance ofa redevelopment plan constitute a single project, which shall be deemed approved at the time of adoption of the redevelopment plan by the legislative body. An EIR on a redevelopment plan>shall be treated as'a program €.IRwith no subsequent EIRs required for individual components of the redevelopment plan unless a subsequent EIR or a supplement to an EIR would be required by [Guidelines] Section 15.162 or 15163." (Emphasis added.) (Guidelines SS 15162 and 15163 implement Pub. Resources Code, 21166's prohibition of additional environmental review after a project EIR has been certified unless significant Change occurs or significant new information develops.') The program EIR referenced in"Guideline section 15180 is ' -a type of tiered EIR :authorized by ,the Guidelines but not by the statute. (Al Larson Boat Shop, Inc. V. ,Board of Harbor commissioners (1993'3. 18 Cal.App.4th 729, 740.) "A program EIR i6 an. EIR which may be prepared on a series of actions that can. be characterized as one large project and are related . [i]n connection with issuance of rules, regulations,' plans, .or other general criteria to govern the conduct of a continuing program . (Guidelines, § 15169, subd. (a)(3).) A program EIR is designed to. Provide Provide an occasion for a more exhaustive consideration of effects and alternatives than would be practical in an EIR'on,an individual action, [1] (2) 20 JUL-24-20W 15:37 RICF"W WATSON&GERSHON67 467, P-22/36 Ensure consideration of cumulative impacts that might be slighted in a case-by-case analysis, (3) Avoid duplicative reconsideration of basic policy considerations, [i) (4) Allow the lead agency to consider broad policy alternatives and program wide mitigation measures :at an early time when the agency has greater flexibility to deal -with basic problems or cumulative impacts;[and] [1) (5) Allow reduction in paperwork.0 (Guidelines, 5 15168, subd. (b).); The Legislature's'transformation of a` redevelopment plan EIR from what would otherwise be a first-tier EIR into a project/program EIR is not without significance. Were it not for Public Resources Code section 21090 and Guidelines section 15180, all activities and subsequent development projects approved pursuant to a redevelopment plan would 'likely be treated as separate projects and be subject' to environmental review for any potentially significant environmental impacts not previously analyzed in the redevelopment plan EIR. (pub. Resources Code,, § 21094.) Because of Public Resources Code section 21090 and Guidelines section 15180, further environmental review of any, development project implemented pursuant to or in furtherance of a redevelopment plan•is`prohbited unless significant changes occur in the project or the circumstances surrounding the project, or if significant new information which was not 'known and could not have been known when the, redevelopment plan EIR. was certified becomes available. (See Long Beach Savings and' Loan Aeon. v. Long Beach Redevelopment Agency (1986)`188 21 JUL-24-2000 15:38 RICHARDS WHTSON&GERSHON67 467 P.24/36- The .Ianguage`of Public Resources Code section 21090 does not expressly increase the level of analysis required in'a red evelopment;plan EIR above that required, of other types of program EIRs. However, by defining a redevelopment plan and all of its proposed projects as -a single project, the Legislature implied that as much environmental review as possible should occur at the outset of the redevelopment process, with subsequent review limited to situations where significant changes or "riew information" on the plan's constituent projects becomes available. The Town and its supporting amici mischaracterize the redevelopment -,plan `EIR as a first-tier EIR. As shown above, first-tier Elks are not subject to the ban on subsequent review imposed by Public Resources Code section 21166. Thus, courts have allowed first-tier EIRs to defer detailed analysis to subsequent project EIRs. (-See Al Larson Boat Shop, Inc. v. Board of Harbor Commissioners, supra, '16 Cal.App.4th at pp. 746- 747; Guidelines, 5 15152, subd. (c).) Here, to the extent specific information is now known about one of the proposed 72 development projects, Public Resources Code section 21090 will prevent a project EIR from analyzing impacts derived from that aspect when the project is subsequently developed.While the redevelopment plan EIR may ;be a type of tiered EIR (Guidelines, § 15152, 'subd. (h)), it does not enjoy all of the flexibility accorded .first-tier LIR.. The Town claims Guideline, section•15168, subdivision (c)(1), requires the Town to perform additional environmental 23 JUL-24-2000 15:36 RI CHARDS WATSON&BERSFON67 467 F.25/36 review of the development projects for impacts not reviewed in the redevelopment plan EIR_ This regulation, part of the Guideline governing program EIRs, states: "If a later activity would have effects that were not examined in the program EIR, a new initial study would need to be prepared leading to either an EIR or a negative declaration.,, This regulation is inconsistent with the language and effect of Public Resources Code sections 21090 and 21166, and thus cannot apply `to redevelopment plan EIRs' Under Public Resources Code section 21166 and its implementing regulation, Guidelines section 15162, a lead agency is not required to use an initial study to determine the effect of new information or changed circumstances`. Also, if an.agency _ determines the new information or changed Circumstances do not rise to the level of significance requiring an additional EIR, the agency need not take any further action. (Guidelines, § 15162, subd. (b) .) Furthermore, if the information was known, or could have been )mown, when the earlier EIR was certified, a new EIR cannot be prepared even if the information is significant. Guideline section 15168, subdivision (c)tl#, if it applied to a redevelopment plan EIR, would require an agency to prepare an initial study and a negative declaration for an impact that did not trigger additional review,under Public Resources Code' section 21166. It would also require an agency to prepare an EIR for an impact not previously reviewed but which was ascertained from information previously known, contrary to the 24 JLL-24-2000 '15=38 RICHPRDS WATSWQj3ERSHON67 i6^r P.26/36 requirements governing project EIRE and redevelopment plan EIRs under public Resources code section 21166 and Guidelines section 15125• "Where a statute empowers an administrative agency to adopt regulations, such regulations must be consistent, not in conflict with the statute ." (Ontario Community poundations, Inc. v. State Bd. of Equalization (1964) -35 Cal. 3d 811, 816, internal quotation marks omitted.,) The inconsistency between Public Resources Code sections 21090 and 21166, and Guidelines section 15168, subdivision (c)(1), renders the later inapplicable to redevelopment plan EIRs. Designating an EIR as a program EIR also does not by itself decrease, the level of analysis otherwise required in the EIR. "All EIR's must cover the same general content. (Guidelines, 55 15120-15132.) The level of 'specificity of an EIR is determined by the nature of the project and the 'rule of reason' [citation], rather than any semantic label accorded ;to the EIR." (Al Larson Boat Shop, Inc. v, .Hoard of Harbor commissioners, supra, 16 Ca1.App.4th at pp. 741-742, fn, omitted.) In fact, the Guidelines do not specify the level of analysis to be performed in 'a program EIR. similar to a first- tier EIR, a program EIR is designed for analyzing program --wide effects, broad policy alternatives and mitigation measures, cumulative impacts and basic -policy considerations, as opposed to specific projects within the program. (Guidelines, § 15168, subd.. (b)). however, the Guidelines also state a program EIR "will be most helpful in dealing with subsequent activities if 25 JL L-24-2000 15:39 R I CHARDS WATSW&GERSHON67 Obi P.271/36 it deals with the effects of the program as specifically and comprehensively as possible. With a good and detailed analysis of the program, many subsequent activities could be found to be within the scope of the project described in -the program EIR, and no further environmental documents would be required." (Guidelines, 5 15168, subd. (e)(s), emphasis added.) In general, "[a]n EIR should be prepared with a sufficient degree of analysis to provide decisionmakers with information which enables them to make a decision 'which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an BIR'is to be reviewed in the light of what is reasonably feasible. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure." (Guidelines, 5 15151..) "No ironclad rules can be imposed regarding the.level of detail required EIR requirements must be 'sufficiently flexible to encompass vastly different projects with varying levels of spec'ificity.', [Citation.]" (Al Larson .Boat Shop, Inc. v. Board of Harbor Commissioners, supra, 18 Cal.App.4th at " pp. '745-746.) Accordingly,:the Guidelines 'describe ,the ,level of analysis and detail for an EIR as follows- "The degree of specificity required in an EIR will correspond to; the degree of specificity involved in the underlying activity which is described in the EIR. [¶] (a) An EIR on a construction project will necessarily be more detailed.in the specific effects of the project than 26 JL L-24-2000 15:39 R I CHARDSWATSON&GERSHON67 467 ' P. 2a 36 will be an EIR on the adoption of a local general plan or comprehensive zoning ordinance because the effects of the construction can be predicted with greater accuracy. C91 (b) An EIR on a project such as the adoption or amendment of 'a comprehensive zoning ordinance or.a local general plan should focus on the secondary' effects that can be expected to follow from the adoption, ,or amendment, but the EIR need not be as detailed as an ETR on the specific construction projects that might follow. (Guidelines, § 15146.) We cannot determine as a matter of law which of CEQA's various levels of review applies to all redevelopment plan EIRs. A redevelopment plan may be as conceptual as a general plan, as detailed as a conditional use permit, or, as in this case, somewhere in between. Nevertheless, because a redevelopment plan EIR is not a true first-tier EIR, and because the Towne redevelopment plan was as detailed as it was, CEQA required the Town's redevelopment plan EIR to contain more analysis of the 72 proposed projects than it did. The Town's failure to analyze the impacts caused by each proposed project, to the extent information was known or reasonably could have been known about each project, constituted a failure to proceed in the manner required by CEQA. The 'Town argues it should not be required to review"each -of the proposed development projects because the project being approved was the redevelopment plan, not the individual projects. This argument fails to reckon with the full meaning of the fact that a redevelopment plan, including all "public and 27 JUL-24-2000 15:40 RICHARDS WATSON&GERSHON67 467 P.29=36 private activities or undertakings pursuant to, or in furtherance of," the plan, "shall be deemed to be a single project' under CBQA. (Pub. Resources Code, § 21090.) By adopting the redevelopment plan and certifying the EIR, the Town committed itself to the -definite course of action" of implementing the redevelopment plan. (Guidelines,,S 15352, subd. (a).) It'is at least "reasonably foreseeable" the Town will do so by developing at least some of the 72 development projects already approved in the redevelopment plan. This is particularly true since the Town will have to amend the redevelopment plan if it desires to develop any other project not now named in the plan. (Health rxsaf. Code, 1 33445, subd. (b) . The Town claims the 72 development projects had only recommended sites and descriptions, and thereby 'bore insufficient detail to justify conducting environmental review an any of them individually.- In fact, the list, explanation and map of the projects contained'in the redevelopment plan, the Final Report, and in the BIR demonstrate many, if not most, of the development projects were defined and formulated with great specificity, includ tg'locations, functions, sizes and capacities. The mere fact that changed circumstances could produce changes in the details of the proposals does not render the proposals too vague or indefinite to be reviewed in an EI$ such as this. In fact, it is the detail with which the Town defines the development projects that compels our decision here. For 28 JUL-24-2000 15:40" RICHARDS WATSON&GERSHON67 467 P. 30,136 example, the redevelopment plan calls for construction of a 500 - car parking structure at the Juniper Ridge resort; 1,500 parking spaces in structures or lots at the North Village resort; a 250 car parking structure at the Lodestar resort; two 204 -car parking structures behind Main Street; and 'loo -car, 50 -car, and 30 -car surface parking lots. The conceptual map designates the proposed locations for these different parking lots or structures. By adopting the redevelopment plan, these 'projects are deemed approved for purposes=of CEQA, and no further environmental review may be performed for them unless the requirements of public Resources Code section 21166 are met. The redevelopment plan EIR does not analyse any significant environmental impacts potentially caused by these projects individually as a result of their proposed use -or location. If the Town 'develops these projects as approved and described in the redevelopment plan, Public Resources Code sections 21090 and 21166 will prohibit the Town from analyzing these projects' impacts arising from their use and location, since that information was known or could have been known when the redevelopment plan EIR was certified. The Town notes the redevelopment plan EIR states the 72' development projects -may be subject to additional environmental review on an individual Redevelopment Plan basis, in accordance with the provisions of [Guidelines] Section 15168 of CEQA ." (Emphasis added.) As already demonstrated, CEQA will prohibit additional review of the individual projects 29 3UL-24-2000 15"-41 RICFPPDS WATSON&GERSHON67 467 P.3a 36 findings of the Town on the basis of substantial evidence in the administrative record (see In re Redevelopment Plan for Bunker Hill (1964) 61 Cal.2d 21, 39-41, 45-50), our task is virtually identical to the trial court's. Defining substantial evidence, one court has well noted: "[I]f the Word `substantial'means anything at all, it clearly implies that such evidence must be of ponderable legal significance.' Obviously the word cannot be deemed synonymous with `any, evidence. It must be reasonable in Mature, credible, Wand of solid 'value,it must actually be `substantial' prop€ of the essentials' -which the law requires in a particular case.,, (Estate of Teed (1952) 112 Cal.App.2d 638,.644, emphasis added.) Accordingly, a local agency's findings in support of its adopting a redevelopment plan are not conclusive. "The' Community; Redevelopment Law has established factors to be considered in determining whether an area is blighted, and it is the court's role to ensure those factors are taken into account. In short,' the courts are required to be more than rubber stamps for local governments." (Emmington v.` solano County Redevelopment Agency (1987) 195 Cal.APp.3d 491,'49S.) Unlike CEQA, which required substantial evidence in the administrative record demonstrating only that the EIR provided a reasonable, good -faith discussion of the potential impact, the Community Redevelopment Law requires substantial evidence in the administrative record demonstrating the existence of specific` characteristics of urbanization and blight. (Health & Saf. Code, SS 33030, 33031, 33320.1.) In some instances, the statute 32 JLL-24-2000 "15"-41 RICHA WATSOWMERSHON67 467 P.34.%36 requires a finding of a nexus, to borrow a:term from takings jurisprudence, between a particular characteristic being , reviewed and the actual condition being caused. if the specific finding required by the Community Redevelopment Law 'cannot be made from the evidence in the administrative record,the evidence is not "`substantial` proof of the essentials which the law requires" and the finding is not supported by substantial evidence. (Estate of Teed, supra,, 112 Cal.App.2d at p. 644.) iI Elements of Appeal--Findings Establishing Slighted Area To approve Ithe redevelopment plan, the Town Council had to find, among other things, that the area proposed to be subject to the redevelopment plan, the Project Area, is "a blighted area." (Health & Saf. . Code, 1 33367,. subd. (d) {1} .) To qualify as a blighted area, the Project Area must satisfy each of the following requirements: 1. The area is "predominantly urbanized.M (Health & 5af. Code, S 33030, subd. (b) (1) .) 2. The area is "characterized" by one or more statutorily defined physical conditions that cause blight. (Health & Saf Code, S 33030 subd. (b) (2) (A) . } 3. The area 2s "characterized" by one or more statutorily defined economic conditions that cause blight. (Ibid.} 4. The combination of physical and economic conditions causing blight is "so prevalent. and so substantial that .it causes a reduction of, or lack of, proper utilization of the area to such an extent that it constitutes a serious physical 33 JL -24-2000 15:42 RICHARDS WATSON&GER5HON67 467 P.35:36 and economic burden on the community which cannot reasonably be expected to be reversed or alleviated by private enterprise or governmental action, or both, without redevelopment." (Health saf. . coder 5 33030, subd. (b); (1) An area which meets all of the conditions above may, in addition, ;be characterized by inadequate public improvements, parking facilities, or utilities. (Health & Saf. Code, 5 33030, subd. (c).} The trial court found there was substantial evidence in the administrative record on which the Town could find the Project Area was a blighted area. Plaintiffs claim substantial evidence does not exist to support each of the statutory elements required for the Project Area; to qualify as a blighted area. We conclude no substantial evidence exists on which the Town and the trial court could find the Project Area is predominantly urbanized and; suffers from the statutorily defined physical conditions thatlIcause blight. We; explain below why this is so. Since the ,Town and trial court's findings cannot establish all of the requiremlents'necessary to show the existence of a blighted area, the Town's adoption of the redevelopment plan must be vacatedlin its entirety. We thus need not review the IJ 7 Although nit pertinent to this case, in lieu of the second and third requirements (being characterized by economic and physical conditions causing.blight), the area may instead be characterized by the existence of'subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership. (Health & Saf. Code, 5 33030, subd. (b)`(2) {g} , } I 34 JUL-24-2000 15=42 RICHARDS WATSON&GERSHON67467 P.3&'36 other arguments raised by plaintiffs against the redevelopment Plan' 111 Predominantly Urbanized The trial court determined substantial evidence supported the Town's finding, that the Project Area was "predominantly urbanized." Plaintiffs claim no substantial evidence supports the Town's finding. We agree with plaintiffs. A predominantly urbanized project area is one where not less than 80 percent of the "land": (1} has been or is -developed for urban uses;" (2) is characterized by the existence of subdivided lots of irregular form and shape and inadequate size for proper usefulness and development that are in multiple ownership; or (3) is an integral part of one or more areas developed for urban uses which are surrounded or substantially surrounded by-parcelsp which have been or are "developed for urban uses.0 (Health & Sat. Code, § 33320.1, $ Plaintiffs initially fault,the Town's use of a structural exterior 'survey to determine the existence of blight, claiming it resembled a methodology rejected in Gonzales v. City of Santa Ana (1993) 12 Cal, App.4th 1335, 1342-1345. The Gonzales court did; not fault the use of a structural exterior survey as a per se improper methodology_ Rather, it stated the survey in that case did not by itself result in sufficient evidence to; support a finding of blight. (Id. at p:. 1345.) The Community Redevelopment Law does not prescribe a particular methodology. At issue here isnot whether use of a survey was appropriate, but whether whatever methods the Town used to document the existence of blight resulted in substantial evidence supporting the statutorily required elements of a blighted area. 35 TOTAL P-36 JUL-24-2000 16:05 RICHRRDS WATT 467 P:02/37 subd. (b)„) A "parcel” is considered "developed" if it is developed in a manner consistent, with zoning or otherwise' permitted by law. (Health `Saf. Code,' 5 33320.1, subd. (c).) The Town Council found the Project Area was "predominantly urbanized, based on evidence contained in the Final Report. The Final Report relied upon the building survey to:state'the Project Area consisted of 1,139 acres, 167.10 of which (or 14.67 percent) were vacant. The Final Report concluded the remaining non -vacant land (85.33 percent) was thus "urbanized.* Besides documenting the amount of vacant land, the Final Report states the Project Area 'may be considered predominantly urbanized as all properties are an integral part of an area developed for urban uses." The Town also claims the building survey determined approximately 138 acres of the 167 vacant acres existed within "urbanized areas.,, The Town argues vacant parcels in "urban areas" are "deemed `urbanized"" under Health and safety Code section 33320.1, subdivision (b)(3). Based on this theory, the Town believes, and the trial ,court `so held, the Final Report actually underestimated the amount of urbanized land, and the "correct figure should be 97 percent, or 1,110.acres of the total 1,139 -acre Project Area. At trial,'plaintiffs,claimed the Final Report's evidence of urbanization consisted only of conclusions without evidentiary support. Plaintiffs also believe the Final Report wrongly inflates the ampunt of urbanized land in the Project Area They claim 84 acres of land used as a golf course at the"Lodestar 36 JLL-24-2000 16:05 R I CHARDS WRTSON&GER5HON67 , 467 P.03/37 resort, 74 acres ofundeveloped land at the community college site, and 120 undeveloped acres surrounding the airport were improperly determined to be nonvacant, and 'thus "urbanized," land The term "urban° is "not fixed, objective, or easily ascertainable. (County of Riversidev. City of Murrieta, supra, 65 Cal.App.4th at p. 623.) At"a minimum, however, the mere fact` that property isnot vacant or is developed in accordance with its zoning does not by itself render the property "developed for urban uses.- Lands,that are not vacant may be developed for uses that are not urban uses. (Id. at p. 624.) • The Final Report's conclusion that B5 percent of the land is "urbanized" simply because it is not vacant fails to account for this distinction, and thus does not by itself, constitute substantial evidence on which the Town could rely to determine the extent of the Project Area's urbanization. Furthermore, since the survey did not determine which nonvacant lands were developed for urban uses and which were not, the Town could not conclude with .accuracy rwhich vacant lands were integral parts of land developed for urban uses that were>tkemselves substantially surrounded by parcels developed for urban uses, As to the specific properties challenged by plaintiffs, the entire Lodestar golf course and all of the community college parcel were determined in the building survey not to be vacant and thus urbanized. The Final Report also claimed all of; the land at the airport' was urbanized Regarding these properties, 37 JLL-24-2000 16:06 RICHARM WATSON&b0r_,HO%7 467 P.04/37 the issue, as.with all properties claimed by the Town to be urbanized,, is whether substantial evidence exists in the administrative record showing that each of these "lands" was either developed for urban uses or was an integral part of an area of land developed for urban uses that was itself substantially surrounded by parcels of land developed for urban uses. A. Lodestar golf:course. Analysis of the Lodestar golf course requires reciting additional background information. Lodestar is a proposed 222 - acre mixed-use destination resort. The EIA for the project described the projects site as follows: "The site . . is for the most part covered with Sierran Upper Montane Forest. This plant community is characterized by tall conifers that include Jeffrey pine, white fir, and red fir. The vast majority of the forested site is undeveloped with the exception of a few residences and 'a number of informal trails and dirt roads." (Emphasis added.) According to the Lodestar at :Mammoth Master Plan, adopted by the Town Council in 1991 and revised in 1992, the Lodestar project would result in the construction of 75 acres'of residential units, 10 acres of hotel units, 5 acres of commercial uses., 12 acres of roads, 5 acre s`of open space, and . the approximately 110 -acre golf course, The SIR described the golf course as a "mountain style' golf course constructed' through the entire site. Numerous ponds and -lakes would be developed within the course. Of the lands designated for the 38 I JU--24-2000 16:06 RICHAFW WRTSON&GERSHON67 457 P. 05/37 golf course and open space, approximately 78 acres would be cleared, leaving 37 acres of natural open space buffer between fairways and adjacent uses. All trees exceeding 36 inches diameter breast height were to be considered for retention within the fairway areas. other than the construction of some or.all of the golf course and one building on the course ;(apparently a club house: with :a parking lot), "there has been noimplementation" of the Lodestar Master Plan. Except for the areas used as a golf. course, the project site thus presumably retaims its forested, undeveloped character. The Town did not include the entire Lodestar project site within the redevelopmentProject Area. (See AR 51:7743; The Lodestar Master Plan -land use diagram shows the area of the project included in the redevelopment Project Area, a parcel of, roughly 80 acres plus two other parcels, was approved to contain eight of the golf course's 18 holes. However, the land use map also shows that same area of the project was approved to contain,'in addition to part of the golf course, 30 acres of residential units (a total of380units), 10 acres of hotel use (two hotels containing a"total of 500 units) and 5 acres :of commercial use (totaling 80,000 square feet). These 45 acres remain undeveloped, -but yet the Town classified them as non -vacant and included them as urbanized lands because they werelocated within the same assessor's parcels as the eight holes of the golf course. Since the golf. course was consistent with the parcels, zoning, the Town argues 39: JLL-24-2000 -16:06 RICHPRDS WATSOM&GERSHON67 467 P.06/37 subdivision (c) of Health and Safety Code section 33320.1 allowed the parcels in their entirety to be considered as developed for urban uses. subdivision (c) of Health and Safety Code .section 33320.1 reads: -For purposes of this section, a parcel of property as shown on the official maps of the county assessor is developed if that parcel "is developed in a manner which is either consistent with zoning or is otherwisepermitted under law.• The Town reads subdivision (c) as deeming all of a parcel developed if only a portion of the parcel is developed. The statute's language does not support the Town's interpretation:. Subdivision (c) is concerned with the legality of development, not with theextentof development. it prohibits including parcelsfully developed with urban uses in the calculation of developed urban land if that development is illegal. it.says; nothing of 'deeming a partially developed parcel to be a fully developed parcel. Past amendments to Health and Safety Code section 33320.1 support this reading of subdivision (c) and its application here.; In 1983, the Legislature sought to respond to a practice by some redevelopment agencies which had abused the redevelopment process by forming project areas that included significant amounts of unblighted and vacant land. (See Assem. Com. On Revenue and Taxation Analysis of Assem. Bill No. 1545 (Hannigan) (Apr, le 1183) pp. 5, 8 (Assem.'Republican Caucus 40, JLL-24-2000 16:07RICHARDS WATSON&GERSHO167 467 P.0'7.<3; files (1983) Assem. Bill No. 1545).)9 To remedy this problem, the Legislature chose to require the project area to be "predominantly urbanized." It defined that phrase to mean in part that "not less than So percent of the privately owned property in the project area has been or is developed for urban uses. .,or is an integral part of an area developed -for urban uses." (Stats. 1.983, ch. 1324, § 1, p. 5352.) By 1992, the Legislature had evidence,showing some redevelopment agencies continued to form project areas encompassing large tracts of -vacant land, despite the statutory amendments adopted in 1983. (See Sen. Local Gov. Com. Analysis of ;Sen. Bill No. 1711 (Bergeson) (Apr. 13, 1992) p. 6 (Sen. Local Gov. Com. files (1992) Sen. Bill No. ` 1711).) As a result, the Legislature adopted Senate Bill No. 1711 to tighten further the definition of "predominantly urbanized" in three respects. (Health & Saf. Code, $ 33320:1; see Stats. 1992, ch. 1356, § 4, P. 6777.) First, Senate Bill No. 1711 replaced the word "property" with the word "land." (Health & Saf.;Code, § 33320.:1, subd. (b).) Second, it required 80 percent of all land in the project area, not just privately owned property, to be urbanized. Mid.) Third, in order for vacant land to qualify as urbanized Assembly Bill No. 1545 was ultimately vetoed by, the. Governor, but not before, its provisions amending Health and Safety Code section 33320.1 were adopted by the Legislature as part of Assembly Bill No. 322. That statute became law without the Governor's signature. (See Stats. 1983, ch 1324, § p s35i.? 41 JLL-24-2000 16:.07 RIO -PRM WATSON&CiERSHON6? 467 P. 08.'37 because it was an integral part of an area developed for urban uses, Senate Bill No. 1711 required the area developed for urban uses, of which the vacant land was an integral part,, to be itself "surrounded or substantially surrounded by parcels which have been or are developed for urban uses." (Health & Saf. Code, 9 33320.1, subd. (b) (3) . ) _Senate Bill No. 1711`s replacement of the word 'apropertyf with the word "land" is significant. Although laird. is a type, of property ;(see civ. Code, § 658), the term "property,, generally refers to a person's "right to possess, use, and enjoy a determinate thing (either a tract of land ora chattel); the right of ownership." (Black's Law Dict. (7th ed, 1999) p; 1095.) Parcels divide land into tracts, for purposes of ;identification and ownership'. (fid. at p. 1137.) By contrast, "{ljand is the material of the earth, whatever may be the ingredients of which it is composed and includes free or occupied space _ u (Civ. Code, 5 659.)' The Legislature's use of the term "land" instead of the words "Property" or'"parcel" as part of its continuing-lattempt to limit the amount of vacant land included in a'project area demonstrates an intent to ensure 805 of all of the land, irrespective of parcel lines, is predominantly urbanized. By using the term "land," the Legislature attempted to ensure a parcel'li.ne would not be used to allow vacant, non -blighted lands to be included in redevelopment project areas.. The facts of this case exemplify the misuse of redevelopment power the Legislature sought to curb. The Town 42 c•-_ i_ F_ l —�. •vv^_. .i _-....ua......-......,i-r...«w�.--.,J., km.:rc.. JU--24-2000 16:07 RICHARDS WATSONfGER5HON67 467 P.09/37 sought to include in the Project Area undeveloped and obviously non -blighted land which is planned and approved for extensive private development. The touchstone of redevelopment is the elimination ofblight on developed lands, not the instigation of economic development on forested lands. (See Health Saf. code, §§'33030, subd. (a); 33035, 33036.) The Town thus violated Health and Safety Code section 33320.1 by not determining how much of the golf course land was developed for an urban use. It was improper to determine the entire parcels; containing the golf course were urbanized merely because a portion of the lands were developed with the golf course. The undeveloped lands should not have been included with the lands developed with the golf course for purposes of calculating lands developed for urban uses under Health and Safety Code section 33320.1,'- subdivision (b)(1). This, however,, does not end our analysis of the Lodestar golf course. Approximately half of the Lodestar resort included in the:Project Area was developed with the functioning golf course. Plaintiffs question whether the developed course itself was properly considered to be an urban use simply because it was a non -vacant use consistent with zoning. "Urban is defined as of, `'relating to, characteristic of, or taking place in a city constituting or including and centered on a city of, relating to, or concerned with an urban and specif. a densely populated area belonging or having relation to buildings that are characteristic of cities .' [Citations.]"' 43 JLL-24-2000 16:08 RICFPPM WATSON&GERSHON67 467 P.1a'37 (Honey Springs Homeowners Assn. v. Board of Supervistirs (1984) 157 Cal.App.3d'1122, 1140.) The term "urban" thus refers more to the location and „varying characteristics" of a use than to the type of use. (rd, at P. 1141.) For example, a residential dwelling can exist either in an urban area or in a rural area. In either locale, the dwelling can belargeor small and, in this era, will likely be served by many public utilities. The Fact that it is a developed dwelling does not make the dwelling an urban use. Rather, it is the location and characteristics of the dwelling and its environs that may make the use an urban use. One would more likely conclude a residential dwelling unit located on the tenth floor of a high-rise apartment building in a downtown area served by mass transit is an urban use, while a residential dwelling unit located ona. 10' -acre parcel in a area devoted to agricultural uses is not an urban use. So itis with golf courses. The mere fact that land is developed as a golf course does not conclusively render the use an urban use for purposes of redevelopment. Here, this golf course is designed as a "mountain course" with significant amounts of natural and preserved forest lands and wager features interspersed throughout the course. Further, the course was developed on what was otherwise undeveloped forest land, and continues to be surrounded by undeveloped forest land. The character stics_of this golf course can hardly be related to or characteristic of a city or a densely populated area. we conclude there is no substantial evidence on which the Town 44 45 JU--24-2000 '16:13 RICHARDS WATT? 467 P.12/37 is a rolling, northeastward sloping, rectangular parcel The site is generally covered with natural vegetation consisting of sparse Jeffrey gine trees with moderate to dense manzanita and sagebrush ground cover. The topography, originally a glacial moraine, has many large boulders (up to''15'+- diameter) The project site itself is completely vacant of development, only some undesignated foot trails--are-present.." (Emphasis added.) The Town does not dispute that only one building has been built on the site and approximately 74 acres remain vacant. The Town, however claims, and the trial court found, the statute' deems the, entire site to be developed because two acres of the parcel are developed according to zoning and because the entire parcel is an integral part of an area developed for urban uses that "is itselfsurrounded by urban uses. As shown above, the Town's and trial court's reading of the statute is incorrect. The vacant acreage is not to be counted as urbanized merely because`it,is part of a parcel which has been partially developed consistent with zoning„ Further, the redevelopment project area map and the.EIR show the site is not surrounded by parcels developed for urban uses. At least 2 sides of the rectangular parcel are not adjacent to any development at all. Therefore, there is no substantial evidence by which the Town Council could have determined the 74 vacant acres were urbanized land. 46 JJL-24-2000 16:13 RICHARDS WATSOMa RSHON6? 467 P. 13'37 C. The airport. Plaintiffs similarly claim 120 acres of the 202 -acre airport site were undeveloped and should not have been considered as developed: The Town did not include the airport in its building survey. Rather, it relied upon the 1985 Mammoth/June Lakes Airport Master Plan Report and the 1986 Mammoth/June Lake Airport Land Use Plan BIR to make the findings necessary to include the airport in the Project"Area. The Town included all of the 2024cre airport site in the Project Area as non -vacant, urbanized land 'without determining how much of the airport land >had actually been developed for urban uses. The Town argues the area. is deemed predominantly urbanized because it is partially developed in a manner' permitted by law. As we have already explained, the mere fact that part of land is developed consistent with zoning does not deem the entire land area under review "developed for urban Relying on a description of existing facilities contained in the 1986 Airport Land Use Plan EIR, plaintiffs determined 74 acres of the airport were developed and 128 acres were undeveloped. In their briefs before us, plaintiffs claim 85 acres are developed. The Town argues plaintiffs improperly excluded so-called safety set -backs and safety zones as well as the land 'between the various facilities, such as the land between the runways, the taxiways, and theterminal` building from their calculation of developed land. 47 JUL-24-2000 16:13 RICHPRDS WATSON&GERSHON6? 467 P.14/37 citing to plaintiffs, determinations and the same Master Plan Report's list of facilities 'but ,to nothing more, the Town states at least 130 acres are developed, excluding set -backs, safety zones and the areas between buildings. The Town likely excludes set -backs, safety zones, and areas between existing buildings from its' calculation for the, same reason plaintiffs did those measurements are not included in the Master Plan Report. At a minimum, however, the Town's calculations admit all 202 acres of the airport land are not developed for urban uses: Furthermore, we cannot determine whether the land the Town claims is developed includes lands the 1986' Airport Land Use Plan EIR and the 1988 Master Plan Report described as: (a) an unspecified amount of "WI ndeveloped land in the present hangar area' which the airport anticipates developing for additional hangar areas; and (b) 7.8 acres of undeveloped land on the airport site leased as of August 1988 for construction of a hotel. These points demonstrate the Town Council did not have substantial evidence ozi which it could determine all 202 acres` of the airport 'were' developed for urban uses. The Final Report,states the airport is an integral part of an area developed for urban uses "although this area is not bounded by urban uses due to the nature of land use concerns associated with aviation, which for safety reasons have limited urban development in flight paths." This statement admits the airport does not qualify as urbanized land under.subdivison (b) (3) of Health and Safety Code section 33320..1. The fact that 46 JUL-24-2000 16:14 RICHARDS WATSONVX-,ERSHON67 467 P.15,3, this use is an airport does not exempt the use from the statutory requ irement that to qualify undersubdivision (b)(3)s the vacant areas must be part of an area developed for urban' uses which is itself surrounded by parcels which have been developed for urban uses. Thus, there was insufficient evidence in the administrative record to permit the Town Council to find the entire 202 -acre airport to be developed for urban uses. 1-0 In summary, the Town improperly deemed all non -vacant land as developed for urban uses. The 'Town also improperly Zo At trial, plaintiffs sought to augment the administrative record. one of the documents plaintiffs sought to include in the record was an Airport Expansion Subsequent E1R; prepared in 1997. The trial court denied plaintiffs, request. Plaintiffs renew their motion before us, and -we, too, deny it as it is unnecessary for purposes of our decision. however, the Town cites to language in the Airport Expansion Subsequent EIR as evidence of urbanization at the airport. we cannot rely an evidence 'which was not admitted into the trial. Even if we could, the evidence now offered by the Town does not support its p qu EIR'claims the OS1t1Dn. The Airport Expansion Subsequent Airport now intends to construct 100 Permanent hangars instead of the 86 forecast in the 1988 Master Plan,' and forecasts the `hotel to 'have 250 units instead of the Iso originally planned. The hvtel'now'will apparently,be: ata different location on the airport site. The revised plati also calls for 2 acres of retail use not planned in the 1989 Master Plan, and a total of 694 automobile parking spaces, Gila more than currently exist and 384 more than planned to be constructed.in`the 1988 Master Plan._ The Airport Expansion Subsequent EIR claims this new development 'will occur on 'lands "already disturbed and in use for airport operations." The Town claims this language confirms the airport is fully urbanized..- The maps depicting these proposed improvements, however, do not show the lands are in use for airport operations.. Furthermore, labeling, the land as "disturbed" did not inform the Town council whether the land was -developed for urban uses." The cited materials do not support the Town's argument. 49 JUL-24-2000 16;14 RICHARDS tAT 7 467 P.16i37 determined the approximately so acres of the Lodestar project included in the Project Area, 74 acres of the 76, -acre comaunity college site, and all 202 acres of the airport were urbanized under either subdivision (b)(1) or subdivision (b)(3) of Health and Safety Code section -33320.1. As . a result, there is no substantial evidence to permit the trial court to uphold the Town's finding that 80 percent of the Project Area was predominantly urbanized Iv Physical Conn itzons . That Cause Blight To be a blighted area, the Project; Area must be ` "characterized" by one or more statutorily defined physical conditions that cause blight. (Health & saf. Code, 9`33030, subd. (b) (2) (A) .) Physical conditions ;that cause blight are defined as; follows: "(1) Buildings in which it is unsafe or unhealthy for persons to live or work. These conditions can be caused by serious building code violations, dilapidation and deterioration, defective design or physical construction, faulty or inadequate utilities, or other similar factors. "(2) Factors that prevent or substantially hinder the economically viable use or capacity of buildings or lots This condition can be caused by a substandard design, inadequate size given present standards and market -conditions, lack of parking, or other similar factors'. S0. JUL-24-2000 16:14 RICHARDS WATSON&GERSFON67 467 P.17:=37 (3) Adjacent or nearby uses that are incompatible with each other and which prevent the economic development of '.those parcels or other portions of the 'project area. "(4) The existence of subdividedlots of irregular form and shape and inadequate size for proper usefulness and development that are :in multiple ownership." (Health & Saf. Coda, 5 330310 subd . (a) - } Plaintiffs claim no substantial evidence supports the Town's findings of physical conditions that cause blight Two technical chatters complicate our analysis on these issues. First, when the Town adopted its findings of conditions of blight in Ordinance No. 97-08, it did not in,each instance use the statutory language defining conditions that can cause physical blight. Second, plaintiffs continually refer in.their briefs to evidence in the Final Report as -findings," when instead the facts and information contained in the Final Report are the evidence used to support the findings contained in Ordinance No. 57-08. We will view plaintiffs' claims as challenges to the evidence supporting the findings of Ordinance No. 97-08 as those findings reflect the statutorily defined conditions of blight. Further, we must determine whether the Town substantially complied with the legislative requirements. We mush also determine whether the findings of Ordinance No. 97-08 are supported by substantial evidence demonstrating the Project Area can be characterized by the ;existence of the statutorily - SI JU.-24-2000 16:15 RICHARAS WATSON8: 7 467 P.1&3? prescribed physical conditions of blight. (Sanguinetti v'City Council (1965) 231 Cal.App.2d 813, 818:) A. Unsafe,= unhealthy buildings. Plaintiffs assert the evidence does not support a finding that the project area is characterized by "+(bluildings in which it is unsafe or unhealthy for persons to live or work." (Health & Saf. Code, S 33031, subd. (a)(1').) We agree with plaintiffs, as we shall explain. Although the Town did not make this specific finding, it made the following findings regarding the condition of buildings in the Project Area: "Aging and deteriorating buildings requiring substantial rehabilitation or extensive reconstruction to correct serious building code violations;. "Aging and deteriorating buildings of defective or substandard design or construction; "Buildings which are in need of seismic upgrading to meet current seismic building code standards " To make these findings, the Town relied primarily on the building condition survey of all buildings in the Project Area (except the airport), Building Department records, and a<1992 Housing Condition Survey. The Final Report approved by the Agency and forwarded to the Town Council as part of the redevelopment pian adoption process summarized the results of the building condition survey. The building survey 'did not specifically conclude whether buildings were unsafe or unhealthy for human occupancy. Rather,the building survey determined, 52 JLL-24-200016-15 RICHARDS WATSONM RSHON67 467 P.19/37 among other things, whether structures on a parcel suffered from building code violations, were deteriorated or dilapidated, suffered from defects in design or construction, or whether the buildings complied with seismic safety codes. Plaintiffs correctly claim these factors as defined and reviewed in the building survey and the Housing condition Survey do not constitute substantial evidence of the existence of buildings which are unsafe or unhealthy for human occupancy. 1. Building node v4olatl=z. The building survey determined less than two percent of the buildings in the project area suffered building code violations. For purposes of the building survey, a building code violation ° was defined as "[b]uildings or structures which have obvious health and safety building code violations which have been reported to officials of the Town of Mammoth Lakes Building Department. This includes construction which has not met current" building; codes and for which building permits and inspections were not obtained,from the Town." Plaintiffs claim this definition does not determine whether a building is unsafe for human occupancy. The Town argues, and the trial court found, the building survey's limitation.to "obvious health and safety related violations" per se satisfies the statutory criterion of serious building code violations causing unsafe or unhealthy buildings: However, neither the -Town nor its survey define health and safety violations. The Town does not direct us to anywhere in statute or regulation that defines such violations. 53 JILL -24-20M 16:15 RI CHARDS WHtSONBGERSHOM67 467 P. 20/37 Theoretically, all building codes are designed for the . "health and safety" of a`structure's occupants. There is nothing in the administrative record to explain how the survey's inclusion of only so-called health and safety violations limited the scope of the building survey to "serious" building code violations which created an unsafe building, as opposed to any code violation which crtay or may not result in an unsafe building, while the phrase -health and safety" building code violations may mean something specific to building department. personnel:, the Final Report did not explain its meaning to the Town Council. The Town Council thus could not know whether the evidence of building code violations demonstrated the existence of buildings that were unsafe or unhealthy for human occupation, nor can we Even if it could be determined that the violations reported in the building survey caused the relevant buildings -to be unsafe, the survey showed less than two percent_of the buildings and the parcels in the Project Area suffered from this defect. A developed area bf ;.land ';cannot be "characterized" as suffering from conditions causing physical blight merely because less than . two percent of its buildings have serious building code violations. 2. De teri or'a tion and d1lap.ida tion . The building survey' determined that approximately 29 percent of parcels in the. i Project Area were affected by buildings suffering from deterioration an& dilapidation. The building survey claimed 324 S4 JUL-24-2000 16.16 RICHARDS WATSON&GERSHON67 467 P.21.37 buildings were so affected, or approximately 25 percent of the total number of buildings in the Project Area. For purposes of the building survey, deteriorated or dilapidated buildings were f defined as structures "which show visible and obvious signs of dilapidation or deterioration on either the building exterior or interior construction. Examples might be severely deteriorated roofing or siding, foundation failures, peeling paint, dry rot and other'physieal evidence of unmaintained structures." Plaintiffs argue the characteristic of deterioration and dilapidation, as defined by the building survey, does not demonstrate the existence of buildings unsafe far human occupancy. The Town responds, and the trial court agreed, that because the building survey defined dilapidation to include such factors as severely deteriorated roofing and foundation failures, its application resulted in locating buildings that were unsafe for humans. The building survey's definition, however, also -included such factors as "jpeelingj paint, dry rot, and other physical evidence of unmaintained'structures." To that extent, the definition is overbroad. 'Peeling paint, dry rot„ and lack of maintenance need not by themselves result in an unsafe or unhealthy building. The breadth of the definition used in the building survey prevented the;Town,Council from determining whether the Project Area could truly be "characterized" .as containing buildings unsafe for human occupancy due to their deteriorated or dilapidated condition. 55 JU--24-2WO 16:17 R I CHARDS WATSON&CERSHON67 467 P.22/37 The Town further relies upon the 1992 Housing Study as evidence" of 'dilapidation. The Final Report claims the Housing Study concluded that 26 percent of the°596 housing units it evaluated in the Project Area were classified as 'KAverage Minus," '"Poor," or "very Bad" and thus needed rehabilitation. The actual Housing Study, however, is not a part of the record. Only the definitions of the classifications are included and- they ndthey do not indicate how many houses were determined to be which classification, nor do they include a classification>Called "Very Bad.X Furthermore, one cannot determine from the Housing study's "Average Minus" classification whether such_a housing unit is unsafe or unhealthy for human occupation. A house that exhibits each of the listed characteristics (single glazed windows needing repair,: under insulation, wood siding exteriors needing paint or repair, decks and stairs needing repair or replacement, doors without weather stripping, electric heating, and overall appearance lacking in maintenance) isnot necessarily unsafe or unhealthy-;for human occupancy. We do not believe the Legislature intended'a house constructed with single glazed windows and electric heating to constitute an unsafe house for purposes of redevelopment', even if the house was constructed in a community which can experience severe winter conditions, The trial court noted the Final. Report'e statement that 1"Es]ince the housing condition survey in 1992 there has been a continuing lack of maintenance of residential units which` exhibited signs of deterioration in 1992.1" The Final Report, 56 JUL-24-2000 16- 18 RICHARDS WATSONS.GERSHON67 _ -467 P.23/37 however, ';also stated: " [Tl he majority of the units are in need of moderate repair'. Basically the buildings are structurally sound but are in need of one or. more systems to be renovated.' (Emphasis added.) We do not understand how a survey concluding housing units which in. general lack efficient insulation but are structurally sound can be used as evidence showing the units are unsafe for human occupancy. In short, the 'Town Council could not determine with reasonable certainty the existence or extent of buildings rendered unsafe due to deterioration or dilapidation based on the evidence in the administrative record. 3. Defective design and substandard construction. The Final Report stated the building survey documented defective design or construction in 273 buildings, or about 21 percent of the buildings surveyed., The Town Council cited this as evidence of blight and found the Project Area included aging and deteriorating buildings of defective design or construction. The building survey defined "defective design or. constructionof building" as structures "which have defects in: design or construction -which >cause the structures to be -non- functional or obsolete.' Examples might include retail buildings with inadequate depths for retail display area, storage and rest room facilities; buildings which are not energy efficient and expensive to operate lodging facilities which do not meet demands of today's 'tourist market, etc." Whether a'building `has become non-functional or obsolete` for its use under current market {conditions does not indicate 57 JLL-24-2000 16:19 RICHARDS WATSDN&G 7 467 `P.24/37 whether the building is unsafe or unhealthy for human purposes. This evidence does not support the Town Council's finding in so far as the evidence relates to existence of unsafe buildings in the Project Area. 4. Buildings ;in need of seismic upgrading. The building survey stated 199 buildings existing on 38 percent of the parcels in the Project Area, or approximately 15 percent of the buildings in the Project Area, required seismic upgrading to meet current seismic building code standards. The building survey defined such buildings as those which did "not meet current seismic safety design and construction requirements of the 1994 Uniform Building Code and other applicable building codes in effect in the Town of Mammoth Lakes." Plaintiffs argue the violation of a current seismic 'safety regulation did not per se result in a building unsafe or unhealthy for human occupancy. Both the Town and the trial court reasoned failure to meet current seismic safety building codes "is implicitly serious and unsafe." A hypothetical example illustrates the difficulty with the trial court's reasoning. Suppose a building was erected in 1990 in full compliance with the 1988 Uniform Building Code's seismic safety 'regulations, and the building continues to comply with those regulations today.- Under the Town's definition, this building would be classified as unsafefor human occupancy, even though by law the Town was prohibited from imposing the 1994 Uniform Building Code's requirements on the structure. (Health & Saf. Code, § 18938.5.) . Be JUL-24-2000 16:19 RICHWM WATSON&GERSHON67 467 P. 25/37 Indeed, when the Legislature has granted authority to municipalities to require older structures to be retrofitted for purposes of seismic safety, it has required the local agency to demonstrate not just that the structure violated existing' seismic safety codes, but -that the structure would be "hazardous to life in the event of an earthquake (Health &: Saf. Code,, 19161.) The Town made no such showing here. Based on the above, we find there is no substantial evidence on which the Town and. the trial court could determine the Project Area was characterized by the existence of buildings unsafe or unhealthy for human use and occupancy. B. Factors Preventing -Economically Viable Use. Plaintiffs argue the evidence does riot support a finding that the Project Area is characterized by '4[flactors that prevent or substantially hinder the economically viable use or capacity of buildings or lots." (Health & Saf.'Code, S 33031, subd. (a){2).} This characteristic "can be caused by a substandard design, inadequate site given present standards and market conditiona,.lack of parking`, or other similar factors." (Ibid.} On this point, ;the Town found the following conditions to exist in the Project Area: "Aging and deteriorating buildings of defective or substandard design or construction . . "Limited economically viable use or capacity of parcels due to substandard site design involving inadequate traffic 59 J€L-24-2000 16=20 RIDS WATSCYJ&GERS-o%-, 467 P.26/37 JUL-24-200e 16:21 RICHWM IjATSON&GERSHON6? 467 P.27/37 Furthermore, the statute's language shows the Legislature was not interested in merely the existence of the suggested physical conditions. Substantial evidence must show the physical factors actually preventorsubstantially hinder an existing use or.lot*'s economic viability. For example, many, economically viable uses, particularlyin urban areas, lack sufficient automobile parking. Nevertheless, such uses continue to be profitable, demonstrating lack of parking for those uses is not, a factor preventing or hindering their economic viability. They possibly could be more profitable with more parking, but subdivision (a)(2) of Health and Safety Code section 33031 applies only if those uses and lots suffer economic nonviability now. Accordingly, contrary to the Town's argument, the record must demonstrate substantial evidence quantifying the effect the physical condition has on the economic viability of the existing use or capacity of the building or lot. On this criterion of physical condition affecting economic viability, plaintiffs challenge the Town's evidence relating to detective design or construction, inadequate lot sizes, and substandard site design.' The Town's building survey found approximately 23 percent of the parcels, or approximately 21 percent of the buildings; suffered from defective design or construction; approximately 15 percent of the parcels in the Project Area were inadequately sued; and approximately 59 percent of'the parcels experienced "substandard site design." JuL.-24-2000 16-21 RICHARDS WATSONWERSHON67, 467 P_28,•37; J On each of these categories, plaintiffs claim the record contains no evidence quantifying how the existence of these physical conditions actually renders the current use or capacity of the building or lot economically nonviable. We agree. Nowhere in the record -is there substantial evidence by which the Town Council could find the existence of these conditions prevented, or substantially hindered the economic viability of the existing uses and capacities of the lots and buildings in the Project Area. The Town argues that accurately quantifying such impacts would be prohibitively expensive and would invade the privacy ` rights of those from whom the agency obtains economic information. That is an argument the Town.must take to the Legislature. The statute clearly intends °for evidence of the Physical condition's impact on economic viability to be in the record to support the finding. we are confident if'a building or lot is truly economically nonviable, the Town can find and present substantial evidence demonstratingthat-state of affairs in a`manner-acceptable to the private property or business owner. The Town 'claims the Final Report's presentation of the Town's sales tax and transient occupancy tax revenues over the, past five years provides substantial evidence of the physical conditions' economic impact. ' We disagree. This evidence shows tax receipts from the entire Town„ not just the 'Project Area_ Furthermore, the Town Council could not determine'from the evidence that the flat rate of tax revenues was caused by 62 JLL-24-2000 16:22 RICHPRDS WATSOMGERSI- N 7 46 7 P.29/37 r defective design or construction, inadequate lot sizes, or substandard site design. The rate of; revenues could have been caused by a myriad of different reasons. This evidence is far too:disconnected to demonstrate the Lack of economic viability due to the physical factors here at issue we briefly review additional arguments raised -regarding each of the physical factors. 1. Defective design or construction The survey defined the factor of defective design or construction as [s)tructures which have defects in design or construction which cause the structures to be non-functignal or obsolete. Examples might: include retail buildings with inadequate depths for retail display area, storage and rest room facilities, buildings: which are not energy efficient and expensive to .operate lodging facilities which do not meet demands of today's tourist market; etc.„ The trial court declared a „non-functional or obsolete building is obviously one whose economically viable use or capacity has been substantially hindered. However,, the Town's' definition of a non-functional or obsolete building is overbroad`. The mere fact a building may not be energy efficient or may be expensive to heat does not necessarily gender the current use or capacity economically nonviable.Energy inefficiency could 'be substantialevidence if the Town quantifies how the°expense of an energy -inefficient building renders the current use economically nonviable. ,: 63 JLL-24-2000 16:23 RICHARM WATSON8GERSHON67 467 P.,30:37 F 2. Inadequate lot sizes. The survey defined "inadequate lot sizes" to mean the "parcel does not permit full development of the lot coverage and intensity of use permitted by the zoning district in which it is located because the lot size is too small to meet zoning requirements." The trial court stated buildings and lots with this characteristic "are more limited in their economic utility than properties without such conditions." The issue before the Town, however, was not whether, as the Totem frames it, Kif the lot were bigger, the owner would be allowed to develop it more under current zoning.", The issue was whether the current lot size rendered the current use or capacity of the lot or its buildings, economically nonviable. The survey did not address this issue. A lot isnot deemed economically nonviable just because it cannot be developed to the maximum size and intensity allowed under zoning. Many uses of land can be economically viable even though they are unable to expand ;to the maximum size and density allowed under their zoning classification. 3. Substandard site design. The building survey did not specifically define "substandard site design, " but defined "inadequate site improvement" as the situation when the "site improvements are substandard such as inadequate drainage facilities, landscaping, circulation and access, building siting, etc." The discussion in the survey noted this criterion also included the Zack of truck loading areas, inadequate snow storage areas, and inadequate parking. The 'survey-claimed f 64 JLL-24-2000" 16:23 RICHARDS WATSON&GERSHON67 467: P.31/37 approximately 58 percent of the parcels in the Project Area suffered from substandard site design. Regarding parking, the survey claimed 95 percent of the parcels affected by substandard site design, or approximately 56 percent of all parcels in the Project Area, suffered from inadequate parking. The survey defined "inadequate parking" as the situation when a "site does not provide either adequate parking to serve the uses on the site or parking as required by the Town's Parking ordinance." The trial court found that the following paissage from the Final Report demonstrated the economic effect of this physical characteristic "Lack of.parking and the resulting parking overflow from inadequate parking to sites which meet parking demand is a strong deterrent to economic developmentand business expansion, particularly for commercial and industrial uses. Combined with the inadequately sized lots, lack of parking and lack'o€ adequate loading areas causes inaccessibility, traffic congestion and lost business-" However, there is nothing in the record demonstrating that in fact the lack of parking has actually resulted in decreased or lost business. Nowhere does the Town produce facts demonstrating that even one particular business has lost customers or revenue due to substandard site design. The language cited by the trial court from the Final Report is the conclusory type of "Jargon" courts have criticized as making "no attempt at any ;specificity; the reasons appear to have emerged from the consultants' word processor without any thought as to _ 65 r . ._ 1 . -::rte �:-.i �_.zs-^.xc...r,........ a. •, ..I-aru�.._._m- -' J(JL-24-2000 16.24 RICF•ARDS WATSON&GERSHON67 467 P. 32!37 why 'any particular parcel is blighted under this criterion. (Gonzales v City of 'Santa Ana. supra, 12 Ca l.App.4th at p. 1346; see also 'County of Riverside v. City of Murrieta, supra, 65 Cal.App.4th at p. 627.) The trial court also apparently relied on this additional language from the Final 'Report: "The Town of Mammoth Lakes has identified the lack of snow storage areas•as a critical need during the ski season. The Town is located at an elevation of 8,000 feet and receives .an annual average snowfall of 200+ inches a year. Clearing streets and parking lots of snow causes huge ,stock piles of snow along the sides of roadways and within parking lots. This further reduces the available parking and loading areas." Again, the Toon fails to refer useven to one incident where.it could factually prove the accumulationof snow on parking lots actually caused a use of property to be economically nonviable. We are sympathetic to.the additional burdens born by an alpine community. However, the language of the Community Redevelopment Law sets an exacting standard communities must meet in'order to establish`a redevelopment project area. The evidence in the Final Report of factors preventing or substantially hindering the economically viable use or capacity of buildings or lots fails to meet that standard.' C. Incompatible uses. Plaintiffs argue the evidence does not support a finding that the Project Area is 'characterized by " [a1 dj'acent or nearby 66 JU--24-2000 16:24 R I C HPRDS WATS04&GBRSJk467 467 P.33/37 uses that are incompatible with each other and which prevent the economic development of those parcels or other portions of the project area." (Health & Saf. . Code, 9 33031, subd. (a) (3) , emphasis added.? When the Town.adopted ordinance No. 97-48, it made no finding concerning the existence of adjacent, incompatible uses existing in the Project Area. The issue, however, was raised in the Final Report. Plaintiffs challenge the sufficiency of evidence supporting the Final Report's conclusions on this issue. The Final Report states the building survey determined approximately $.5 percent of the parcels in the Pro_ 7ect Area encompassing 55 buildings (approximately 4 percent of the total number of structures in'_the Project Area)-' suffer from adjacent incompatible uses. The building survey defined incompatible land uses to mean when the "parcel being considered is incompatible with adjacent land uses.An example might be single family residential use next to an auto repair shop. The Final -Report further explains: "In several of the cases cited the impact of commercial or industrial properties -located adjacent to established single family neighborhoods is the cause of the lana use incompatibility. Elsewhere, lack of adequate trash enclosures, absence of any landscaping or walls as physical buffers, and hours of operation where noise becomes a nuisance to neighboring residences constitute commonly encountered conflicts."' 67 JUL-24-2000 '16:25 RICHARDS WATSON&GERSHON67 467 P.34✓37 The trial court found the survey gave "a fair indication" of the use conflicts. Regarding the requirement that the incompatible use prevented economic development, the trial court stated the Town "was not required to quantify or detail the economic development impact, but only: incorporate it as an element of the criteria.' The trial court erred on this point because the Town's criteria do not in fact incorporate any aspect of the impact incompatible uses would have on economic development. The criterion merely required the survey to document the existence of what the person conducting the survey believed to be incompatible uses. Its inquiry ended at that point: A primary purpose of. redevelopment is'to eliminate blight which private enterprise can not. (Health & Saf. Code, ;§ 33030, subd. (b)O.) Interpreted from that legislative mandate, subdivision (a)(3) of Health ;and Safety Code section33031 requires substantial evidence' showing undeveloped or underdeveloped land is not being developed by the private market .because of adjacent incompatible uses. Such evidence is wholly lacking in the record. The Town cites various examples of incompatible uses tabulated -in the survey. tut nowhere does the Town show how these uses are preventing economic development. For all we know, despite their incompatibility, these uses are economically viable. There .must 'be some evidence showing it is the existence of incompatible uses that creates the economic. -disincentive. The mere fact different types of uses are separated by 68 JLL-24-2000 16:26 RICHARDS WATSON&CiRSHON67, 467 P.36/3' Remaining Blight Arguments Because we have determined there'is no substantial evidence to support the Town`s determinations the Project Area was predominantly urbanized ,and !suffered from at least one of the statutorily prescribed physical conditions which cause blight, there is no substantial evidence by which the Town could' determine the combination of both physical and economic` conditions causing blight are so prevalent they`can only be remedied through redevelopment. (Health & Saf. Code, S 33030 subd. (b)(1).) We thus do not address the parties' arguments on .this point, the existence of economic conditions causing blight;' or the inclusion of the airport and the industrial park, two areas not contiguous to the main Project Area, in the redevelopment plan Project Area. The judgment of the trial court shall be reversed`, VI Costs at Trial Our disposition of the redevelopment appeal nullifies the trial court's order on costs in that action, (Monson v. Fischer, supra., 239 Cal. at p. 291.) DISPOSITION' The judgments of the trial court in both the CEQA,Appeal (No. 0029659) and the redevelopment appeal (No. C031443), including the awards of costs, are reversed. The trial Court, is instructed to issue the ,petitioned writ of mandate in the CEQA 7 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 Joint Study Session with Parks and Recreation Commission at 5:00 p.m., in CC -8; Closed Session at 6:00 p.m., in CC -8; and a Regular Meeting at 6:30 p.m., in the Auditorium of the South Coast Air Quality Management District at 21865 E. Copley Drive, Diamond Bar, California on September 5, 2000. 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 Joint Study Session, Closed Session and Regular Meeting to be held on, September 5, 2000was 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 1 st day of September, 2000, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION CITY COUNCIL GOALS AND OBJECTIVES FISCAL YEAR 2000-2001 AUGUST 1, 2000 1. CITY COUNCIL CALL TO ORDER: Mayor O'Connor called the Study, Session to order at 5:09 p.m. in the South Coast Air Quality Management District Room CC - 8, 21865 E. Copley Drive, Diamond' Bar, California. 2. ROLL CALL: Council Members Chang, Herrera, Huff, and Mayor O'Connor. Mayor Pro Tem Ansari arrived at 5:24.p.m. Also present were: Terrence L. Belanger, City Manager; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director; Teresa Arevalo, Senior Administrative Assistant and Lynda Burgess, City Clerk. 3. DISCUSSION OF FY 2000-01 CITY COUNCIL GOALS AND OBJECTIVES. "(Reference - listing dated 7/27/00) M/O'Connor asked Council to review the proposed list and determine which items are goals and which items are merely items to be implemented. She asked for Council Members to submit their changes and corrections so that the final list can be prepared for the City Council agenda. CM/Belanger suggested that the numbered items be viewed as goals and the alphabetical listings attached thereto be viewed as implementation measures for each goal. C/Herrera recommended that the alphabetized items be shown as subcategories within the objectives. C/Huff recommended dropping 3 E - Prioritize Redevelopment Project Areas. CM/Belanger suggested that the item be left on the list until the Supreme Court ruling is handed down. C/Chang recommended adding "and" to 3 D so that it reads: "Increase property tax base by annexing Shell Oil Property and two housing developments." Council concurred. M/O'Connor explained the purpose of requesting a Standardized Policy regarding: Striping of City Streets - (Item 4 E) is to establish a written policy regarding what types of streets receive what type striping. M/O'Connor expressed concern that 5 A is not being done. Although Council's goal AUGUST 1, 2000 PAGE 2 CITY COUNCIL STUDY SESSION is to provide a.72 -hour response on letters, it sometimes takes up to a week to two weeks for responses to be sent out. CM/Belanger indicated that staff responds to letters within 24 to 72 hours, Council's response is separate from staff's response. Sometimes the response is a telephone call. M/O'Connor asked that Council receive copies of response letters as well as memo's referencing telephone. responses. CM/Belanger stated that staff has been instructed to cc all responses to Council. Council's Member responses to letters is another category. A third category is a Council response only due to the nature of the query. C/Huff believed responses should be more proactive. Many letters are written to the Council and the Mayor and/or the person assisting the Mayor should make the response. Other Council Members who wish to respond may do so. MPT/Ansari said it might be helpful for the Mayor to indicate in her letter that she is responding on behalf of the entire Council. M/O'Connor recommended removal of Item 5 E, Monthly newsletter (or every other month or insert in Recreation Guide with separate issue in January and June or fax out) because this is currently in effect: ,C/Herrera asked if removal of this item would cause it to be dropped in priority by the Communications Department, to which CM/Belanger responded no. M/O'Connor suggested dropping 5 G, Monthly City e -news for web site; printed and mailed as requested (Alternatively, run 4 to 6 pages monthly in Windmill) and H, Sidewalk City Hall. Council concurred to remove 5 G, Monthly City e -news for web site, printed and mailed as requested (Alternatively, run 4 to 6 pages monthly in Windmill) and renumber H to G. With respect to Item 6,„C/Huff said that there are several subcategories that have to do with slope maintenance and he felt that a "Slope Policy” would encompass all of these implementation issues. CM/Belanger indicated that the problem with the majority of the slopes that can be seen in the City are privately owned and not publicly owned. There may be a way for Council to incorporate a slope policy into a public maintenance scheme'. C/Huff said he would like Council to adopt a Comprehensive slope beautification maintenance plan: AUGUST 1, 2000 PAGE 3 CITY COUNCIL, STUDY SESSION M/O'Connor suggested removing 6 1 and L and leave in J, 'Comprehensive slope beautification/maintenance plan. Council concurred. CM/Belanger stated that virtually any type of slope .maintenance plan that the Council would adopt would require public' assistance. C/Chang pointed out that some of the most visible slopes are privately owned which is not generally known. Residents and visitors believe the City does not properly maintain its slopes. M/O'Connor asked what it would take to get the slopes included in an assessment district in order to provide maintenance. CM/Belanger responded that a mail ballot of property owners would be required to provide a; public easement to allow City maintenance. 50% + 1 homeowner approval is required. C/Huff believed it would be preferable to have all homeowners participate because everyone benefits from slope maintenance. Council hears complaints from non - property owners (of the affected parcels) and not the property owners. C/Herrera'said she receives complaints from local business owners that say it makes that `part 'of town (D.B. Blvd. immediately east of Grand) look like the seedy part of town. CM/Belanger stated that the benefit of having a citywide assessment district would be that business owners would participate in the financing: M/O'Connor suggested a survey of property owners be taken to determine whether they would participate in; such an assessment in; order to maintain the slopes. C/Chang responded to M/O'Connor that the assessment district should be confined to major arterials and boulevards. He suggested that staff research the possibility of creating an assessment district, look at funding sources and implementation procedures. Council concurred to remove Item 6 C and H. C/Huff recommended that 6 E and F be combined to read: "'Proactively work with CalTrans to clean up freeway entrances into Diamond Bar and improve freeway hillsides. Council concurred. C/Huff believed the City had accomplished 6 A and B CM/Belanger stated that 6 B, Unique and appealing streetscape, is a somewhat significant aspect of the Redevelopment Plan. Where and when we have an opportunity to do so, it makes places where commercial activity is taking place more _ .. 7._�. AUGUST 1, 2000 PAGE 4 CITY COUNCIL STUDY SESSION appealing. Council concurred to eliminate 6 P, In-house nursery to provide trees for streets and future development (possibly at Sycamore Canyon Park). Council concurred to leave Item 7 and its subcategories as written. Council concurred to change Item 10 to read: "Monitor the General Plan." Council concurred to eliminate 11 E. Council concurred to eliminate 25. C/Huff recommended that temporary signage be addressed in the City's newsletter. CM/Belanger recommended that this matter be continuedto the Regular City Council Meeting of August 15, 2000 in order to allow staff an opportunity to revise the listing in accordance with tonight's discussion. M/O'Connor stated that public comment would be allowed during tonight's agenda item during the Regular City Council Meeting. ADJOURNMENT: There being no further business to conduct, Mayor O'Connor adjourned the Study Session at 6:30 p.m. to the regular City Council Meeting. LYNDA BURGESS, City Clerk ATTEST: Mayor Debby O'Connor 2. CALL TO ORDER: Mayor O'Connor called the regular City Council meeting to order at 6:40 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Huff. INVOCATION: The Invocation was given by Ahmad H. Sakr, Ph.D., Islamic Education Center. M/O'Connor announced that Council Member Huff was involved in a very serious automobile accident and she is thankful that he is with us.' ROLL CALL: Mayor O'Connor, Mayor. Pro Tem Ansari and Council Members Chang, Huff and Herrera. Also present were: Terrence L. Belanger, City Manager; Mike Jenkins, City Attorney; ,James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Belanger recommended that Items 8.1 and 8.2 be continued to August 15, 2000. M/O'Connor announced that MPT/Ansari requested that Item 9.2 be moved forward when her appointee arrives. M/O'Connor also requested that Item 9.3 be moved forward at the; same time as Item 9.2. 3. A. SPECIAL PRESENTATIONS, CERTIFICATES,PROCLAMATIONS: 3.A.1 Presented Certificate of Recognition to the Diamond Bar Friends of the Library for receiving the "Citizens" Award" by the Los Angeles County Public Library. 3.A.2 Presented Certificates of Recognition to Volunteer Patrol Members Janet Austin, Pat Engelke and Nick Marsman for reaching 500 hours of service; and John Rowe and Jackie Warren for reaching 1000 hours of service to the community. 3.A.3 Certificates of Recognition to "Friendship. City" Delegates from LongKou, China - will be presented to the Delegation at a Tater date. 3A.4 Proclaimed August 1, 2000 as "National Night Out." 3A.5 Introduced new Diamond Bar Team Leader Bill Song. AUGUST 1, 2000 PAGE 2 CITY COUNCIL 3.A.6 Recognized City Manager Belanger on the receipt of International City Manager's Association Service Awards for 30 years of membership. 3. B. CITY MANAGERREPORTS AND RECOMMENDATIONS: CM/Belanger stated that D.B. worked with the Cities of Walnut and Pomona as well as private residents of D.B. and the County to.reach an agreement with the State on the aspects of a project proposal modification made at Lanterman Developmental Center, which had been a topic of discussion over the past several months. There are about 11 issues that have now been incorporated into a Draft Agreement submitted to the California for consideration. The Lanterman Developmental Advisory Committee is slated to meet on August 7 to discuss the Draft Agreement. If the State agrees with the document, it is anticipated that the document will then be communicated to the community via a mailing. 4. A.. PUBLIC COMMENTS: Clyde Hennessee again spoke against proposed State ballot propositions. Martha Bruske reported that trash seems to accumulate around the trash cans at the Skateboard Park. She asked why the matter of City employee flextime is not on tonight's agenda. Regarding Consent Calendar Item 6.7, she was against "buying the City's paper" in Orange County. She urged Council to shop locally or within L.A. County. 4. B. RESPONSE TO PUBLIC COMMENTS: M/O'Connor responded to Martha Bruske that Council is aware of problems at the Skateboard Park and is planning an outreach program to the participating youth and their parents. Item 6.7 will be addressed by CM/Belanger during presentation of the Consent Calendar. 4. NEW BUSINESS: 9.2 APPOINTMENT TO DIAMOND BAR .COMMUNITY FOUNDATION = replacement for Eileen Tillery. MPT/Ansari moved, M/O'Connor seconded, to appoint Nancy Lyons to the Diamond Bar Community Foundation. Motion carried by the following Roll Call vote: ` AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.3 APPOINTMENT TO THE SHERIFF ADVISORY COMMITTEE. M/O'Connor moved, C/Huff seconded, to appoint H. K. "Speed" Klinzing to the Sheriff Advisory Committee. Motion carried by the following Roll Call vote: d AUGUST 1, 2000 PAGE 3 CITY COUNCIL AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - August 2, 2000 - (Laura Bruce Band Contemporary Top 40 - 6:30 p.m. - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.2 INDUSTRY EAST ADVISORY COMMITTEE - August 3, 2000 - 7:00 p.m., SCAQMDRoom CC -2,21865 E. Copley Dr. 5.3 LANTERMAN ADVISORY COMMITTEE - August 7, 2000 - 7:00 p.m., SCAQMD Room CC -8,21865 E. Copley Dr. 5.4 PLANNING COMMISSION - August 8, 2000 - 7:00 pm., SCAQMD Auditorium, 21865 E. Copley Dr. 5.5 CONCERTS IN THE PARK' - August 9, 2000 - (Film at Eleven - Classic 60's and 70's) - 6:30 p.m. 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 TRAFFIC AND TRANSPORTATION COMMISSION - August 10, 2000 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.7 JOINT STUDY SESSION - CITY COUNCIL AND PLANNING COMMISSION - August 1, 2000 4:30 p.m. SCAQMD Room CC -8, 21865 E. Copley Dr. 5.8 CITY COUNCIL MEETING August 15, 2000 -6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.9 CONCERTS IN THE PARK - August 16, 2000 - (The Sevilles - Music of the 50's and 60's) 6:30 p.m. - 8:00 p.m., 22930 Golden Springs Drive. (MEET TREMOR THE RALLYSAURUS FROM THE QUAKES ORGANIZATION) 5.10 CITY ON LINE COMMITTEE - August 22, 2000 - 6:00 p.m. - 8:00 p.m., SCAQMD Room CC -3&5, 21865 E. Copley Dr. 5.11 CONCERTS IN THE PARK - August 23, 2000 - (The Fenians - Irish Quintet) - 6:30 p.m. 8:00 p.m. Sycamore Canyon Park, 22930 Golden Springs Dr. 5.12 4th ANNUAL DIAMOND BAR NIGHT AT THE QUAKES STADIUM - August 30, 2000 - Meet at 5:15 p.m. at City Hall, 21660 E. Copley Drive. Bus leaves City Hall at 5:30 p.m., Game Time 7:00 p.m. $10 pp (Rallysaurus Package) includes r1t transportation, refreshments and preferred seating. AUGUST 1,2000 PAGE 4 CITY COUNCIL 6. CONSENT CALENDAR: C/Chang moved, MPT/Ansari seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS - None 61 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of July 18, 2000 - As corrected (M/O'Connor and C/Huff abstained)'. 6.2 RECEIVED &FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of June 13, 2000. 6.2.2 Regular Meeting of June 27, 2000: 6.3 RECEIVED AND FILED -JOINT MEETING OF THE PARKS AND RECREATION COMMISSION AND THE TRAFFIC AND TRANSPORTATION COMMISSION MINUTES: 6.3.1 Special Meeting of May 11, 2000. 6.4 APPROVED VOUCHER REGISTER - dated August 1, 2000 in the amount of $841,113.46. (M/O'Connor abstained from approval of the following items due to a potential conflict of interest relating to the Lanterman Forensic Expansion Project: P.O. 9920 in the amount of $3,637.50; P.O. 9009 in the amount of $17.75; P.O. A9885 in the amount of ,$1,686.60 and P.O. 10219 in the amount of $5.99) She also asked that the recordreflect her no vote on P.O. 10203 to Sheppard -Mullin). 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT - for June 2000. 6.6 RELEASED BOND FOR 22324 GOLDEN SPRINGS DRIVE - Requested by Hidden Manna Corp. for release of Cash Deposit in lieu of Grading Bond in the amount of $18,000 posted with the City on July 21,1995 and directed the City Clerk to notify the Owner and Surety of this action. 6.7 AWARDED PURCHASE ORDER FOR OFFICE SUPPLIES - Established an Open Purchase Order in the amount of $20,000 with Boise Cascade for the purchase of general office supplies for FY 2000-01 under the County of Orange Office Product Cooperative Price Agreement. AUGUST 1, 2000 PAGE 5 CITY COUNCIL 7. CM/Belanger stated that 25 suppliers responded to D.B. and Boise Cascade provided the lowest proposal. In addition, further cost advantages accrue to the City by buying through a cooperative agreement. PUBLIC HEARING: 7.1 PUBLIC HEARING: RESOLUTION NO. 2000-49: A RESOLUTIONOFTHE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, FINDING THE CITY OF DIAMOND BAR TO BE IN CONFORMANCE WITH THE CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL IMPLEMENTATION REPORT, IN 'ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE SECTION 65089 The Congestion Management Program (CMP) requires the City to track developmental activity and transportation improvements in the City by adopting a Local Implementation Report ;(LIR). The LIR, which is to be submitted to the L.A. County Metropolitan Transportation Authority (LACMTA), ascertains that the City complies with the conformity criteria of the 1999 CMP. The City, based on its construction and demolition activities occurring between June 1, 1999 and May 31, 2000, generated 699 debits. These debits were offset by the City's totaltransportation credit claims of 259 points and the carry-over credit of 62,654. points. Based on the City's ability to achieve a positive credit balance of 62,214 points (6,654-440), the City will remain in compliance with the CMP. M/O'Connor declared the Public Hearing open. Martha Bruske complained that the City's traffic problems seem to conflict with the award of points. There being no further testimony offered, M/O'Connor closed the Public Hearing. C/Herrera moved, MPT/Ansari seconded, to adopt Resolution No. 2000-49 adopting the Local Implementation Report (LIR) and certifying that the City meets the conformity criteria of the 1999 Congestion Management Program (CMP). Motion carried by the following Roll Call vote AYES: COUNCIL MEMBERS Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. OLD BUSINESS: 8.1 AWARD OF CONTRACT TO WASTE MANAGEMENT OF SAN GABRIEUPOMONA VALLEY, INC. FOR 'REFUSE COLLECTION, TRANSPORTATION, DISPOSAL AND RECYCLING FOR THE AUGUST 1, 2000 PAGE 6 CITY COUNCIL RESIDENTIAL SECTOR - The Agreement recently negotiated with Waste Management was negotiated based on direction given by Council at its meeting of June 6, 2000. Council requested that staff negotiate with the firm for a 10 -year agreement for services for the residential sector Continued to August 15, 2000. C/Herrera explained why she favored a 10 -year contract. Haulers have said that in order to negotiate the best price and offset the cost of new equipment they will need to acquire, it is difficult to amortize the cost over a five year period of time and it would be more feasible to amortize the cost over a 10 - year period. C/Huff said that his intent was to have a five-year contract with a five-year extension; however, he did not have a problem with a 10 -year contract. In response to MPT/Ansari, CA/Jenkins indicated that a 10 -year contract may include an option to evaluate and terminate the service after five years. The ultimate issue for the hauler, as C/Herrera pointed out, is the issue of amortization and depreciation of equipment and how much has to be charged given the potential that the agreement could be terminatedafter five years as opposed to ten years. CM/Belanger confirmed MPT/Ansari's opinion that such a clause would give incentive to the hauler to provide excellent service. The haulers have expressed concern that whatever criteria that would be used to evaluate their performance, that it be very clearly stated and at what levels the performance would be acceptable and unacceptable. M/O'Connor reminded Council that Waste Management sent out a' promotional piece and within a week received a 97% favorable response by those who 'responded. If the majority of people who responded are happy with Waste Management, what will change the process in the next five years, except perhaps problems with residents complying with the three -barrel system. She understood that Council's intent was to approve a 10 -year contract and agreed with C/Herrera that a 10 -year contract gives the haulers an opportunity to offset the cost of their new equipment. Because of the five- year discontinuance, Valley Vista will not enjoy a large, commercial account unless Waste Management chooses to release those accounts during the next five years. For Council to ask Valley Vista to have new equipment to service the small'percentage of commercial accounts over the next five years seems unreasonable. C/Chang said he .proposed a 10 -year contract with a five-year review. He thought that it was Council's intent to propose a 10 -year contract with a five- year review even though the motion did not so state. C/Huff said that, upon reflection, since staff has negotiated a 10 -year contract and because CM/Belanger has pointed out the benefits of a 10 -year contract, he believed that a 10 -year contract would provide the best long-term circumstances. CM/Belanger pointed out that Page 20 of both agreements contains Administrative Remedies and Termination, which generallydescribes the process. He recommended that even if the Council decides not to go to a five-year review, that the City establish performance standards against which the Council can evaluate the haulers' performance. Under the proposed contract, the performance is evaluated on a daily basis. The threshold of what is egregious is a matter of opinion between the administrator of the contract and the contractee. This contract becomes a property right and can be terminated for cause, which will generally be because of inadequate service or some other kind of basis that continues over a period of time where notice is given; and no action is taken to remedy the situation. At that " point, proceedings can be initiated ' which would ultimately result in a termination of the contract. This provision can be made tighter by setting forth performance standards that must be met through the 10 -year period of the contract. CA/Jenkins stated that it would be an unusual situation to have given all of the requisite notices of deficiency and for the contractor to have failed or refused to correct the notices of deficiency and to get themselves into the position of being terminated unless they do not want to perform and do not want the contract. CM/Belanger pointed out that the language contained in Section E on Page 14 might satisfy each of the Council Members, which calls for an annual review throughout the term of the contract. In response to MPT/Ansari, Michael Huls explained that the types of reports that the State is requiring are very similar to what is now required under permit regulations. M/O'Connor expressed, concern about how the bulky item pickup would work. She would like the customer service portion of the contract to be more stringent. Waste Management said they would hire four additional customer service representatives. They should receive training about D.B.'s guidelines and a D.B. fact sheet should be provided to them. She would like to have stipulated language added to the contract. ` If Waste Management picks, up trash from 6`30 a.m. to 6:30 p.m., their office hours should be the same hours on collection days. CM/Belanger stated that both haulers have been informed that an exhibit to the contract will specify the operating hours. Both haulers have agreed to this exhibit. Other aspects of customer service will be included in the AUGUST 1, 2000 PAGE 8 CITY COUNCIL 20 contract, which will become part of the annual performance evaluation. M/O'Connor believed that Exhibit A to the contract should state that the fee is based uponcontainersize. In addition, the Exhibit should state whether the fees are monthly charges or one-time fees. C/Herrera suggested that the contract specify three specific bulky item pickup dates and one optional date. CM/Belanger stated that, from the waste hauler's point of view, it is less expensive and more manageable to have special requests rather than to have to run every one of the five routes on a specified day. C/Huff stated that he asked Valley Vista about their $15 charge for household .hazardous waste, which is what they currently charge in La Puente. Although they lose money at that rate, when there is a $95 fee, people throw the hazardous waste in the regular trash. The 'intent is to get the hazardous waste out of the waste stream. Therefore, they make the charge reasonable and affordable and hopefully make up for the loss through other portions of their operation. With respect to the bulky item pickup, the City is going away from a system whereby certain items can be put at curbside during regular pickup days, which makes it more necessary for a flexible system to be in place. CM/Belanger stated that the contract would specify an annual review of the bulky item pickup system to determine how it is working. Following discussion,M/O'Connor moved,' C/Herrera seconded, to include 10 -year terms in the contract negotiations. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS -None ABSENT: COUNCIL MEMBERS`'- None AWARD OF CONTRACT TO VALLEY VISTA SERVICES, INC. FOR REFUSE COLLECTION, TRANSPORTATION, DISPOSAL AND RECYCLING FOR THE NON-RESIDENTIAL SECTOR The Agreement recently negotiated with Valley Vista Services, Inc. was negotiated based on direction given by Council at its meeting of June 6, 2000. Council requested that staff negotiate with the firm for a 10 -year agreement for services for the non-residential sector. Continued to August 15, 2000. M/O'Connor asked for contract modifications and corrections previously submitted to staff. AUGUST 1, 2000 PAGE 9 CITY COUNCIL M/O'Connor moved, C/Herrera seconded, to approve the same stipulations as with Waste Management. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None NEW BUSINESS: (Continued) 9.1 ORDINANCE NO. 05(2000) - AN ORDINANCEOF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING CHAPTER 15.00, DIVISION 10 (PROPERTY MAINTENANCE STANDARDS) AND CHAPTER 15.04 (SIGN STANDARDS) OF THE DIAMOND BAR MUNICIPAL CODE INADVERTENTLY NOT REPEALED UPON THE ADOPTION OF ORDINANCE NO. 02(1998); AND DECLARING THE URGENCY THEREOF - The Development Code, adopted as Title 22 of the Municipal Code in November 1998, contains regulations for property maintenance standards and sign standards. Approval of an urgency ordinance to repeal Chapter 15.00, Division 10 (Property Maintenance Standards), and Chapter 15.04 (Sign Standards) of the Municipal Code inadvertently not repealed upon adoption of the Development Code, is necessary. C/Huff moved, 'MPT/Ansari seconded, to adopt Urgency Ordinance No. 05(2000) repealing Chapter 15, Division 10 and Chapter 15.04 of the Diamond Bar Municipal Code. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None AMENDMENT TO SECTION, 2(h) OF THE CITY COUNCIUEMPLOYEE EXPENSE POLICY - in 1989, the City Council/Employee Expense Policy.was'' established to provide guidelines for Council and staff to request authorization for travel'. In 1999, the policy was amended to provide Council Members with a $200 per month vehicle allowance as reimbursement' for travel expenses related to their official` duties. As a result of increased expenses related" to attendance at regional and multi -jurisdictional meetings, it is 'requested that the Council increase the vehicle allowance by $50'per month per Council Member. It is further recommended that those allowances hereafter be referred to as "Automobile and Administrative Expenditure Allowances." Martha Bruske stated that Council needs to spend more time in D.B. The City still has Code Enforcement problems. AUGUST 1, 2000 PAGE 10 CITY COUNCIL 9. Clyde Hennessee suggested that "Administrative" be removed from the allowance title'. If the Council wants a raise he had no problem with that. If this increase is due to the increase in the price of gas, increase the allowance and then decrease the allowance when the price of gas decreases. MPT/Ansari and C/Herrera explained that because they have FAX machines in their homes, they do not have to visit other communities to obtain materials and that they are able to spend more time in D.B. doing the City's business. M/O'Connor agreed with the automobile allowance. However, she believed other expenditures should be Fisted on an expense report with receipts attached and that the report should be turned in to the City for reimbursement. For this reason and because there are City -owned vehicles for Council Members' use when traveling outside the City, she was opposed to the $50 increase. ' She responded to Martha Bruske that she and other Council Members regularly drive through the City, visitthe parks and make daily comments to staff members about problem areas that need to be addressed. C/Huff stated that while Council Members did not take their jobs to make money, they should be reimbursed for legitimate expenses. He expressed the need to be cautious when considering an increase in the amount that Council Members are reimbursed. C/Chang said that the $50 increase would not cover Council Member expenses. However, it does, alleviate some of the burden and help the Council Members to better serve the community. M/O'Connor believed the current policy should be reviewed. C/Huff moved, C/Herrera seconded, to approve Amendment to Section 2(h) of the City Council/Employee Automobile and Administrative Expenditure Allowance Policy. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari NOES: COUNCIL MEMBERS - M/O'Connor ABSENT: COUNCIL MEMBERS - None 5 APPROVAL OF CITY COUNCIL GOALS AND OBJECTIVES FOR FY 2000- 01 - At its May 2, 2000 Study Session, Council discussed Goals and Objectives for FY 2000-01. The information was compiled' into rating forms and returned to Council for rating. Since that time, additional goals and subsections were added to the list. The current list contains a total of 27 goals and their various subsections - Continued to August 15, 2000. Martha Bruske said she is concerned, about community involvement in goal setting and whether the goals are based on the mission statement. She AUGUST 1, 2000- PAGE 11 CITY COUNCIL believed the City is over -confident in its belief that it can communicate with its residents by Website. She previously proposed that the City conduct a survey to determine how many people use the site. What goals does the City Council propose for noise reduction, improved neighborhoods, improved two- way communication and for blending newcomers into the population. She believed there should be a goal relative to spontaneous monuments. M/O'Connor responded to Martha Bruske that the Council receives daily telephone calls, faxes and e-mails as well as daily interaction with citizens when the Members are conducting the City's business: Every one of the goals were listed in response to citizens' requests` for help and improvements. With respect to blending newcomers, this year the Council formed the Coordinating Council in an attempt to involve all members of the communityincluding newcomers. MPT/Ansari stated that Council always refers to its Vision Statement when setting goals and objectives. She read the Vision Statement. C/Huff indicated that the Vision Statement was adopted by the General Plan Advisory Committee, of which she was a member. The Council is mindful of that statement. He believed that the location of the spontaneous memorial mentioned by Martha Bruske is a City responsibility. The unkempt shoulder area next to the freeway is the responsibility of CalTrans. 'C/Herrera said that the goals she listed were reflective of the public comments made to her during the year. She believed each Council Member receives similar input and exercises the same consideration when they list their goals. Council Members listen to their constituents and attempt, to accommodate requests made by the public whenever possible. The final list of goals and objectives directs staff for the coming year and dictates budget allocations. C/Chang invited residents to visit City Hall and peruse the proposed list of goals and objectives, which are based upon community input. M/O'Connor moved, C/Huff seconded, to continue the matter of approval of City Council Goals and Objectives ;for FY 2000-01 to August 15, 2000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS —None RECESS TO REDEVELOPMENT AGENCY: M/O'Connor recessed the City Council meeting to the Redevelopment Agency meeting atl0`04 p.m. AUGUST 1, 2000 PAGE 12 RECONVENE CITY COUNCIL MEETING: Council meeting at 10:06 p.m. CITY COUNCIL M/O'Connor reconvened the City 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: C/Chang stated that on July 31, Council lunched with members of the Sheriff's Department. The crime rate continues to drop. He thanked the Sheriff's Department for their service to the community. He encouraged community members to attend the Concerts in the Park series on Wednesday evenings. He spoke about hosting the delegates from LongKou, China. C/Huff responded to Martha Bruske that while Council Members need to remain in their community to find out what's happening, D.B. is affected by other cities, the county, the state and the federal government, so it is necessary to work with other cities and regional boards on policies that impact our City. Ultimately, Council Members are policy makers, not trash collectors, not code enforcement officers and not police officers. Staff is held accountable to implement policies. He spoke about traveling to Montana and spending quality time with family members. On his return trip to D.B., he was involved in a life threatening automobile accident. ,Many people stopped to give aid, for which he was very grateful. He thanked M/O'Connor for accompanying his wife to Montana to help bring there home. C/Herrera said she is very, very, very glad to see C/Huff, his son and stepson back home safe and sound. She believed it is important for all of us to be grateful for good health, good life and for each other. She congratulated and thanked the groups who were recognized during tonight's presentations She welcomed D.B.'s new team leader, Bill Song. She congratulated CM/Belanger on the occasion of 30 years of membership in the International City Manager's Association. D.B. has a great reputation with its current Council and participation in various organizations and Council is as good as its staff. She believed that staff does not receive the recognition it deserves for all of their work in making Council look good. MPT/Ansari said she was very happy to see C/Huff back in onepiece. She pointed . out that there is a group of young women at Concerts in the Park who sell ice cream in order to collect funds and food for the Wings Women's Shelter. She thanked the workers who provide food at the Concerts in the Park on Wednesday evenings. She recently met with the new Chairman of the California Solid .Waste Board. Linda Patterson is a former Council Member from Huntington Beach and has been involved in Solid Waste issues in Orange County for many years and has served as a consultant to the private sector. Ms. Patterson met with the L.A. County Solid Waste Board and stated that she will work with cities to help their 50% diversion requirements and will not penalize cities that put forth'a good faith effort. She will be opening a Southern California office in Orange County. MPT/Ansari explained to Martha Bruske how Council's efforts in networking with other cities has brought millions of dollars to D.B. This Council is very active and speaks with staff members on a regular basis about matters that have an effect on the City. She congratulated CM/Belanger on his service award and thanked him for his years of service to D.B. She asked residents to visit the Friends of the Library Book Store and attend the AUGUST 1, 2000 PAGE 13 CITY COUNCIL Concerts in the Park series. M/O'Connor spoke about the quarterly meeting with members of the Sheriff's Department who patrol the D.B. area. She asked that the report be agendized for public consideration. Last week she attended the League of Cities Conference in Monterey during which Council Members networked with Council Members from other cities. She enjoyed meeting with the LongKou delegation today. She spoke about traveling to Montana with Mrs. Huff to bring C/Huff and his sons home. She was pleased to be able to assist C/Huff and his family. ADJOURNMENT: There being no further business to conduct, M/O'Connor adjourned the meeting at 10:31 p.m. LYNDA BURGESS, City Clerk ATTEST: Mayor 1'. CITY COUNCIL CALL TO ORDER: Mayor O'Connor called the Study Session to order at 4:40 p.m. in the South Coast Air Quality Management District Room CC - 8, 21865 E. Copley Drive, Diamond Bar, California. 2. ROLL CALL: Council Members Chang, Herrera, Huff, and Mayor O'Connor. Mayor Pro Tem Ansari was excused. PLANNING COMMISSION: Commissioners Ruzicka and Tye, and Vice - Chairman and Acting Chairman Zirbes, Commissioner Kuo and Chairman Nelson were excused. Also present were: James DeStefano, Deputy City Manager David Doyle, Deputy City Manager; Mike Jenkins, City Attorney; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director; Lynda Burgess, City Clerk; Teresa Arevalo, Senior Administrative Assistant; Linda Smith, Development Services Assistant; Sonya Joe, Development Services Assistant; Al Flores, Code Enforcement Officer; Ruben Soriano, Code Enforcement Officer; Sgt. Bill Flannery, Walnut/D.B. Sheriff and Deputy Bill Song, Walnut/D.B. Sheriff. 3. GENERAL DISCUSSION (Matters of concern): 1.' Status of Redevelopment Agency. CA/Jenkins reported that the City received very disappointing news regarding the Redevelopment Plan. It is especially, disappointing because the City thought that it had a very strong case. However, the courts are continuing to take a very hostile attitude toward redevelopment. It is unfortunate because of the benefits that it offered and because there are; a lot of redevelopment agencies that are in communities like D.B. 2. Grocery Store Vacancies: C/Ruzicka inquired about the status of the Ralph's and Top Value sites. M/O'Connor stated that during tonight's regular City Council meeting, members of the public will be present to discuss this issue. DCM/DeStefano reported that Top Value has left the area. They are still making lease payments as a sub -lessee to Albertsons, who controls the lease, which has about 10 more years to run. The City heard that when Top Value was leaving, an ethnic -oriented grocer was taking over the lease which obviously did not take place. In the last week staff has placed calls to Top Value's corporate headquarters as well as to Albertsons headquarters in an effort to get an update and the calls are not being returned. From a'square k AUGUST 15, 2000 PAGE 2 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION footage standpoint, the Top Value site is the largest grocery store in the City and staff would hope that some entity would capture the freeway opportunity that it provides whether it be for grocery purposes or some other type of retail good and services provision. With respect to the Country Hills Towne Center location, Ralph's continues to control the lease for about another 10 years. They have offered to cancel the lease. However, M&H Properties, Inc. (the property managementfirm) has no interest in' canceling the lease, which generates about $300,000 a year in lease payments Most recently, a small grocery chain headquartered in the South Bay was interested in the site. However, that entity cannot afford the monthly rental payments that Ralph's is paying. One of the outstanding issues is who, if anyone, would be subsidizing that rent structure. It will be increasingly difficult for the City to consider doing so with the loss of Redevelopment Agency funds as a tool. The second major hurdle is that this is a main stream grocery store operator, which is the type of operator Ralph's has said they would not permit to go into that location because Ralph's does not want the competition. Ralph's has said they would permit an ethnic type of store but all of the providers of those retail services in this area have declined (Ranch 99 and others). M/O'Connor reported that a resident of the Heritage Park homes, Andrew Merkel, has circulated a petition aimed toward Ralph's and M&H Properties, Inc. which he plans to present to Council this evening. She believed citizen involvement is good. AC/Zirbes asked the Council to explain to Mr. Merkel that subsidizing the rent in the Ralph's location could have been an option with redevelopment funds. C/Chang reported that the Council's Legislative Subcommittee (C/Herrera and C/Chang) proposed to the State Legislature that they author a bill to disallow control of the marketplace by mainstream supermarkets' by anti - competition measures. AC/Zirbes said he never thought that Top Value would have much of a chance to succeed with the constant union intervention. Albertsons was very successful because of its location. 3. Conditional Use Permits: M/O'Connor and others proposed this topic. She expressed concern about why Platinum Restaurant has not met the conditions of approval under the Conditional Use Permit in the last nine months. bCM/DeStefano stated that since incorporation, the City has approved about 100 Conditional Use Permits, about 85 of,which are currently active. Periodic reviews are' conducted to determine compliance. Currently, all active Conditional Use Permits are being reviewed and staff has completed a review of about 50% of the permits. i AUGUST 15, 2000 PAGE 3- JOINT CITY COUNCIL1 PLANNING COMMISSION STUDY SESSION M/O'Connor said she would like to have the Planning Commission review Platinum 'Restaurant's CUP: AC/Zirbes believed that it would be in order for the Planning; Commission to review Platinum's CUP. DCM/DeStefano cautioned the Council and Commission that the Planning Commission wrote into the CUP the opportunity for periodic review. It would seem appropriate to conduct such a review on or about the one-year anniversary of the granting of the permit. The Commission may also wish to consider, in addition to the review, whether or not they may want to modify or revoke the permit. _Whatever decision the Commission makes could be appealed to Council Most other Conditional Use Permits do not contain period review conditions and most have conditions that have more to do with development or performance standards than they have to do with operational and management standards, which Platinum was laden with due to the nature of their request: M/O'Connor said that if Platinum did not meet the conditions they perhaps should have not been allowed to open. If the City knows that they have not met the conditions why would it wait for a year to conduct a review. DCM/DeStefano responded that the outstanding issue was the L.A. County business license. Prior to receiving the license, they have to have the fire department sign off on their facilities. He said he was told a few weeks ago that fire was ready to sign offbuthe noticed a couple of days ago that there are additional outstanding issues. Until fire signs off, the County business license won 3t be signed off and that has, been the issue. The County business license process is one where an applicant is allowed to commence operation for a certain period of time once they have filed a bona fide application with the County. The wild card in this issue is the fire department and the length of time it is taking to get through that process. Both the City . and the County require fire' department sign off and the applicant is allowed a certain period of time to get through this process. C/Tye said that it was the intent of the Planning Commission to be as "business -friendly" as possible. Whether or not this business owner has done in good faith what they said they would do is to be determined. He said it was the desire of the Commission to see that business open and to help them in every way possible and not be an impediment. He believed that an annual review would be a good time to address these issues. M/O'Connor asked who is legally responsible in the event that there is an accident on the premises. C/Huff said that part of the problem is the fire department because they keep raising the standard. AUGUST 15, 2000 PAGE 4 JOINT CITY COUNCIL PLANNING COMMISSION STUDY SESSION CA/Jenkins indicated that the City does not have to wait a particular amount of time. As a practical matter and to the extent that Platinum may have become mired in,the County bureaucratic maize, it is not uncommon to allow them' an opportunity to work their way through the County bureaucracy while they are operating. Although the one-year anniversary maybe regarded as a suitable milestone for reviewing the operation from a policy point of view, the City is not precluded from looking at it sooner if you believe that the business is creating a, nuisance. C/Chang asked if they are operating according to their CUP. He stated that the owners of the adjacent businesses complain bitterly that Friday, Saturday and Sunday nights at Platinum is a "zoo." People use the parking lot as a bathroom and change clothes in full view of the public. DCM/DeStefano responded to C/Ruzicka that the one-year anniversary of the approval is August. Their operation began in late September, early October. AC/Zirbes said he would support the one-year anniversary review. However, he has heard the same thing from adjacent businesses that was reported by C/Chang. These businesses have to close down early and Platinum is jeopardizing their operations, Also, there has been attention to the City about the matter from residents who live in the area. Although he was not on the Commission when the matter was approved, he understood that Platinum is not operating within the guidelines of the CUP. He would suggest that the Commission move forward with its review in September. C/Chang suggested that staff review the CUP compliance procedure for possible improvement. 4. Industry East Development Project: DCM/DeStefano reported that the City of Industry has prepared responses to all of the comments that were received on the Draft Environmental Impact Report. Staff was told that the responses would be forthcoming in anticipation of an August 24 Public Hearing during which the City of Industry City Council will be considering formal action on the EIR. Staff went to the Industry to pick up a copy of the response today since D.B. had not received the report. M/O'Connor stated that the Industry East Advisory Committee held its first meeting last week. Five homeowners and five business owners are representatives of the Committee. Some rumors were dispelled during the meeting such as the false rumor that low-income housing would be built on Tres Hermanos. The next meeting is scheduled for Tuesday, August 29. All Committee members have been invited to attend the August 24 Public Hearing. AUGUST 15, 2000 PAGE 5 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION AC/Zirbes asked about the likelihood of Grand Avenue being extended to the point that businesses would be lost at the intersection of D.B. Blvd. as a result of project traffic impacts. The owner of D.B. Florist told him he was concerned about low income housing in Tres Hermanos and the possible loss of his business. DCM/DeStefano stated that in terms of traffic impacts to D.B. Blvd. and Grand Ave., a 20 -year forecast, which includes projects being developed in Ontario, Chino, City of Industry, etc. predicts that Grand Ave. will be tremendously impacted as well as the freeways and other major streets. If there is not a relief valve constructed in this area to divert more traffic away from-D.B.'s intersections to provide another way to get into Orange County in particular, the situation will continue. What D.B. does about this matter will be up to Council at the point in time when a decision has to be made. D.B. does not have to improve its intersections by blowing out existing businesses simply to add capacity for others to drive through the City.. This is a local decision and the City may'have to make those kinds of decisions to tolerate a certain level of congestion or the City may make the decision to do something to respond to the increased traffic. The improvementsthat the City is aware of would not incorporate the amount of right-of-way that would require the: loss of the flower shop, which is about 50 feet away from the current traffic lane. The right-of-way that is being discussed is more along the lines of adding left turn lanes, adding free right -turn lanes, striping through lanes, etc. I C/Huff did not believe that Council has resolved to build up the intersection of D.B. Blvd. and Grand Ave. There would have to be a lot more compelling reasons than the City of Industry's traffic study. 5. Code Enforcement. M/O'Connor thanked staff for removing the banners at Lorbeer Middle P School. She liked the information banners at the site but believed they were left in lace for too long a time. CEO/Flores said that, absent a school principal, the administrative officer was concerned about the banners and had already notified people that they should remove them: M/O'Connor does not want to lose the ability to have banners at that location because she believed they are beneficial. CEO/Flores responded that the school is not averse to placing banners at the corner of Golden Springs Dr. and D.B. Blvd., they need.to establish a policy and obtain permits for the banners: AUGUST 15, 2000 PAGE 6 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION C/Tye said that civic groups should be held to the same standard as the businesses. They should not be putting banners up at random. C/Ruzicka pointed out that if civic and sports organizations are informed about the banner policy, they will comply. AC/Zirbes asked if the City has weekend; code enforcement to which CEO/Flores responded that he works Monday through Friday and CEO/Soriano responded that he works on Friday, Saturday and Monday. AC/Zirbes pointed out that a. clothing store located in the Country Hills Towne Center puts up hand made signs on the weekend - .30% off - sale today which look tacky. He believed that the business should be made aware that the signs are not allowed and that the next time they appear on the street, the business will be issued a citation. CEO Soriano indicated that he speaks with the businesses that display signs such as those mentioned by AC/Zirbes. He gives the businesses awarning but many times it is difficult because he is not speaking directly with the business owner. He lets people at the business know he is removing the sign, gives them a list of procedures telling them what is allowed and what is not allowed. After the third warning, the business will receive a citation, for which a $100 fine is imposed. Subsequent offenses carry an increased fine. Most of the time the businesses comply. M/O'Connor suggested that a follow up letter be sent to the business owner. She asked how many citations have been issued since January. , CEO/Flores responded that he has written five or six citations for property maintenance standards. During the same time frame, approximately 50 vehicles were towed. He is concentrating on single family residences and CEO/Soriano is working with commercial properties. AC/Zirbes asked if the Code Enforcement Officers find citation authority helpful to their jobs. CEO/Flores responded "absolutely." Fines are paid directly to the City. CEO/Soriano responded to M/O'Connor that he has issued no citations. M/O'Connor suggested that CEO/Soriano check for sandwich boards at Torito Plaza. C/Tye suggested CEO/Soriano check the banner that hangs on the beam at the new cleaners, the surgery sign at the Vineyard Bank corner and Hollywood Video's banner. AUGUST 15, 2000 PAGE 7 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION DCM/DeStefano indicated that businesses are allowed a certain size banner for up to 90 days per year. Businesses are supposed to obtain a permit from the City at a cost of $25 and post a $100 refundable deposit, which is meant to insure that they remove the banner in a timely manner. Some comply and some do not. 6. Housing Element - Requested by C/Kuo: AC/Zirbes stated that the Planning Commission is asking the Council to indicate their wishes and direction for the Housing Element. C/Ruzicka asked if the world ends if D.B.'s Housing Element is not approved' by the State. CA/Jenkinsresponded that approval of the Element is desirable but the lack of approval does not necessarily mean that the Element is invalid. The only way that the Element can be invalidated is through court action and even where HCD does not approve the Element, it is still possible for a city to overcome the presumption that is presented by HCD's disapproval and prevail in the defense of its Housing Element. DCM/DeStefano responded to M/O'Connor that in 1995, the State objected to one provision in the Element, which was an "in -lieu housing fund;" The strategy indicated that developers shall create low to moderate income housing within their existing projects or provide an "in -lieu" contribution which would be pooled to create housing programs subsidized by redevelopment monies, to which the State strongly objected. The State felt that this strategy would increase the price of housing for everybody else. Staff thought it was a workable solution for D.B. because the City's homes are medium to upper- income homes and an extra $5,000 -to $15,000 contribution per home would not drive away buyers'. The State also felt that D.B. had not identified sufficient sites for future housing and much of the future had been banked on Tres Hermanos. The State concluded that 800 acres was insufficient for future housing. These are the only reasons that D.B. did not receive an HCD certification. 7. Variance Procedures'- Requested by C/Kuo: C/Tye believed that C/Kuo is concerned about the number of variances that are presented to the Planning Commission and would like input from the Council. C/Huff said he received an e-mail from a homeowner in the northern part of the City who wanted to add a patio onto their home and they were already in the 30% footprint, which the Development Code says cannot be exceeded. In this case, `there is a procedure to get a variance or public hearing on this matter. He suggested that staff bring back recommendations on how to AUGUST 15, 2000 PAGE 8 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION handle these matters because there is a concern about lot chopping and mansionization in the City. And yet, some of the original housing already occupies a footprint that hobbles them from adding a patio or pool, which was not the intent of the law but it is now what the Cityis dealing with. He believed staff, the Planning Commission and City Council should review the matter. 8. Traffic: C/Huff presented a copy of the Four Corners Executive Summary. This is a long two-year process and the Summary presents a look at 20 years in the future and what. needs to be done to address these problems. Even if all 50 recommendations are implemented at a cost of $1.3 billion, the situation will remain close to what it is today. He pointed` out that the number one consideration is a feasibility study of a bypass road through Tonner Canyon.. Implementation is projected for the next five years and funding is an issue. This would be a costly project because of the associated environmental issues. He pointed out the items within the report that directly affect D.B. One of the strategies that were rejected was a dedicated bus lane on northbound Grand Ave. from, Chino Hills to the freeway. Included in the strategy is 'bus service from the Chino Hills area to L.A.' County to the Metrolink Station. M/O'Connor reported that the City of Industry has removed the red curbing on Brea Canyon Rd. in front of the Metrolink Station to provide an additional 65 parking spaces to relieve the overflow parking on Washington St. When the Industry East Project is approved, 400 additional parking spaces will be provided at the station in the first grading. C/Huff responded to AC/Zirbes that frequent stops are generally provided by light rail. Metrolink is a heavy rail facility. An HOV lane is planned from D.B. to the .605 freeway. 9. Larkstone Park status: No progress. C/Huff reportedthat when Mr. Redinger was on the Walnut School District Board, they worked out a deal and then he was unelected and there was no deal. C/Herrera said there has been conversation to the effect that Larkstone Park will be part of a component of the development of other properties. The. redevelopment issue may have interrupted this process. 10. Trails Master Plan: CSD/Rose stated that the Trails Master Plan is being worked on at this time. Much progress has been made on the bike path through the community. The AUGUST 15, 2000 PAGE 9 JOINT CITY COUNCIL/ PLANNING COMMISSION STUDY SESSION draft document is currently being reviewed jointly by the Parks & Recreation Commission and the Traffic & Transportation Commission. The consultant is working on an inventory of the existing trails and a document on this portion of the plan should be received next week. A joint meeting has been tentatively scheduled for review of the document on September 28. Following review by the two Commissions, the draft document will be forwarded to the Planning Commission for its review and input. 11. Open Space Sphere of influence Area/Boy Scout Property/Tres Hermanos, annexation of properties to the southwest M/O'Connor reported that WCCA offered to purchase the Boy Scout property. C/Huff understood that the City of industry and WCCA are in competition to purchase the property: AC/Zirbes asked about the probability,of the City of Industry acquiring the Boy Scout property and flooding the Tres Hermanos area for building Lake D. B. M/O'Connor said that in discussions with the City of Industry, they would not be against a road to help mitigate the traffic. 12. Skateboard Park concerns: M/O'Connor indicated that the City is attempting to get users to wear their safety equipment. The problem is that the kids have worked out a system to avoid getting caught by the Sheriff's Department. She has written about this problem in the Mayor's Corner and intends to address this situation during tonight's Council meeting. The park is new and has a lot of activity, which is wonderful. Sgt. Bill Flannery indicated that the Sheriff's Department has issued 25-30 citations that carry a fine of $1 Q0. Subsequent citations carry fines of $200 and $500. M/O'Connor said that there have been a few injuries. M/O'Connor thanked the Planning Commissioners for their participation. M/O'Connor moved, C/Huff seconded, to add the matter of Barbara Beach- Courchesne, et al vs. City of Diamond Bar to the Closed Session agenda. Without objection, the motion was so ordered. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR Q*P AUGUST 15,2000 1AP STUDY SESSION: M/O'Connor called the Joint Study Session with the Planning Commission to order at 4:40 p.m. in Room CC -8 of the South Coast Air Quality `Management District, 21865 E. Copley Drive, Diamond Bar,. CA. Discussion Topic: General Present: Council Members Chang, Herrera, Huff and Mayor O'Connor. Mayor Pro Tem Ansari was excused. Present: Planning Commissioners Ruzicka, Tye and Vice Chairman Zirbes. Commissioner Kuo and Chairman Nelson were excused. Also present were: Terrence L. Belanger, City Manager; David Doyle, Deputy City Manager; Mike Jenkins, City Attorney; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director; Lynda Burgess, City Clerk; Teresa Arevalo, Senior Administrative Assistant, Linda Smith, Development Services Assistant; Sonya Joe, Development Services Assistant; Al Flores, Code Enforcement Officer; Ruben Soriano, Code Enforcement Officer; Sgt. Bill Flannery, Walnut/D.B. Sheriff and Deputy Bill Song, Walnut/D.B. Sheriff. Following an announcement by CA/Jenkins, M/O'Connor moved, C/Huff seconded, to add to the Closed Session agenda a conference with Legal Counsel re: Existing Litigation (Subdivision (a) of Government Code Section 54956.9) - Barbara Beach Courchesne, et al vs. City of Diamond Bar. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS'- Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Ansari ADJOURNMENT: M/O'Connor adjourned the Joint Study Session at 5:50 p.m. to the Closed Session. 1. CLOSED SESSION: 5:50 p.m., SCAQMD Room CC -8 1.1 Conference with Legal Counsel - Existing Litigation. (Subdivision (a) of Government Code Section 54956.9) - Barbara Beach-Courchesne, et al vs. City of Diamond Bar. 1.2 Conference with Legal Counsel - Existing Litigation (Subdivision (a) of Government Code Section 54956.9) =City of Diamond Bar vs. State of California. 2. CALL TO ORDER: Mayor O'Connor called the regular City Council meeting to order at 6:40 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. AUGUST 15, 2000 PAGE;2 CITY COUNCIL CA/Jenkins reported that, at the conclusion of the Study Session, the City Council, by unanimous vote, added one item to the Closed Session Agenda the Case of Barbara Beach-Courchesne, et all vs. the City of Diamond Bar. The Council met in Closed Session and the only reportable action taken was the ratification of the dismissal of the appeal in the case of the City of Diamond Bar vs. State of California relating to the challenge to the. Lanterman Expansion Project relative to the Mitigated' Negative Declaration that did not involve and does not affect the pending appeal against the State of California regarding attorneys' fees. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Herrera. INVOCATION: The Invocation was given by Pastor Dennis Stueve, Mt. Calvary Lutheran Church. ROLL CALL: Mayor O'Connor, and Council Members Chang, Huff and Herrera. Mayor Pro Tem Ansari was excused. Also Present were: James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; Mike Jenkins, City Attorney; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: M/O'Connor reported that M'PT/Ansari requested that Item 9.3 be held over to September 5 in order for her to propose less stringent ordinance language. CA/Jenkins stated that if the Council chooses to put this matter over to the September 5 meeting, it would still be possible to comply with the requirements of the Regional Water Quality Control Board. Council would have to do so by the adoption of an urgency ordinance because the requirement is that the action be taken by October 8, 2000. The Regional Water Quality Control Board requires all cities within the county to adopt the ordinance as written. Some 33 cities within the county, including Diamond Bar, have appealed that decision to the State Board. The appeal is pending. The State Board declined to issue a stay and the Regional Board's order remains in effect. The determination is currently pending and his firm did not believe that the State Board would make a determination before the October 8 compliance deadline. The ordinance contained within the packet puts D.B. into compliance with the Regional Board's order and lis not subject to language change because to do so would not be in compliance with the Regional Board's plan, which presents the potential of being fined by the Regional Board to the maximum: per da. $10,000 p y Regardless of the Council's decision, if the State Board modifies the ordinance or sends itbackto the regional board for more work, your decision can be undone with the adoption of an urgency ordinance at any regular Council meeting. AUGUST 15, 2000 PAGE 3 CITY COUNCIL Council concurred to continue Item 9.3 to September 5, 2000. 3. A. SPECIAL PRESENTATIONS, CERTIFICATES,PROCLAMATIONS: 3.A.1 Proclaimed September 2000 as "National' Alcohol and Drug Addition Recovery Month - Recovering Our Future: One Youth at a Time." 3.A.2 Presentation by Deputy Bill Song, Walnut/D.B. Sheriff re: Year -End Crime Statistics. 3. B. -CITY MANAGER REPORTS AND RECOMMENDATIONS: DCM/DeStefano reported that the City of Industry's proposed Industry East Industrial Development Project is proceeding. Industry has provided D.B. with a 900 -;page document that is their response to the comments that D.B. and others provided Industry in June 2000 on their Draft Environmental Impact Report. The report was received today. Staff is reviewing its contents and preparing an appropriate response to Industry. It. is likely that Industry will take action on the Environmental Impact' Report at their 9:00 a.m. August 24, 2000 meeting. M/O'Connor encouraged all interested parties to attend the August 24 meeting. 4. A. PUBLIC COMMENTS: Roman Nava introduced Josh Hamilton, Field Representative, Assemblyman Pacheco's Office. Mr. Nava announced that Assemblyman Pacheco and Assemblyman Bob Margett would sponsor'a State Exposition on September 9, 2000, which will include representatives from 26 State agencies. D.B. residents will be able to attend the exposition at the Puente Hills Mall from 10:00 a.m. to 6:00 p.m. and ask questions of any representative. Andrew Merkel, resident of Heritage Homes, spoke about his concern about the lack of a grocery store in the southern portion of D.B. He explained the difficulty in getting to stores one mile away due to the heavy traffic flow on major streets. The lack of a grocery .store and the 40% vacancy factor in the shopping center is blighting the area. He is circulating a petition that indicates residents believe it is wrong to hold a non -operational lease for 11 years. 4 B. RESPONSE TO PUBLIC COMMENTS: DCM/DeStefano responded to Mr. Merkel that since the initial closure of the Ralph's store, the City has been marketing that specific site on behalf of the property owner. A number ofgrocerystore operators have been informed of that opportunity. In addition, the City has been working with M&H Properties to find an appropriate tenant to be located at that site. The City has discussed with Ralph's the need to turn that site into a grocery store for the community's benefit and were able to convince Ralph's to hire a grocery store broker to assist in getting the site filled. The City has been equally frustrated in its attempt to encourage a grocery store to locate in the Country Hills Towne Center site. Many grocery operators have declined the site because of its location issues with traffic and other concerns that appear to not meet their specific requirements. Ralph's has stated their intent to block any competitor that might AUGUST 15, 2000 PAGE 4 CITY COUNCIL move into that particular facility. I Staff continues to work with M&H Properties to market the site. C/Herrera applauded Mr. Merkel for his efforts. She reminded residents that last year, she conducted a letter -writing campaign to encourage Ralph's to allow, a grocery store to locate in the Country Hills Towne Center site. Unfortunately, D.B. is facing a similar issue with Albertsons, which owns the lease where Top Value was located. Two large supermarket chains are blocking other grocers from coming in to those vacant storefronts in D.B., which is not fair to residents. She joined Mr. Merkel in his campaign and offered to have residents call her at 861-7651. Mr. Merkel stated his telephone number is 869-5950. He stated that Country Hills Towne Center tenants are very upset because their sales have declined by 30% since Ralph's closed. Other tenants have moved into the center on the promise that a grocery store was coming to the center. M/O'Connor stated that she met with Country Hills Towne Center tenants and with Ralph's and M&H Properties twice in the past six months. D.B.'s legislative subcommittee recommended, that the City approach the State Legislature to encourage the passage of legislation to assist in this matter. There have been many discussions by Council regarding the Ralph's 10 -year lease. In addition, C/Herrera included this information in her letter -writing campaign last year. Any concerned citizen may call any Council Member to discuss their views. Council and staff have worked diligently to get a grocery store to locate at the site: 5. SCHEDULE OF FUTURE EVENTS: 5.1 CONCERTS IN THE PARK - August 16, 2000 - (The Sevilles - Music of the 50's and 60's) - 6.30 p.m. - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. _5.2 DIAMOND BAR COMMUNITY FOUNDATION - August 17,2000 7:00 p.m., SCAQMD Room CC -8,21865 E. Copley Dr. 5.3 DIAMOND BAR COMMUNITY COORDINATING COMMITTEE - August 21, 2000 - 7:00 p.m., SCAQMD Room CC -2,21865 E. Copley Dr. 5.4 CITY` ON LINE COMMITTEE - August 22, 2000 - 6:00 p.m. - 8:00 p.m., SCAQMD Rooms CC -3&5, 21865 E. Copley Dr. 5.5 PLANNING COMMISSION - August 22, 2000 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.6 CONCERTS IN THE PARK August 23, 2000 - (The Fenians Irish Quintet) - 6:30 p.m. - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. AUGUST 15, 2000 PAGE 5 CITY.COUNCIL 5.7 PARKS AND RECREATION COMMISSION - August 24, 2000 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.8 NIGHT AT THE QUAKES -August 30,-2000 - $10 per ticket -Meet at City Hall, 21660 E. Copley Drive at 5:15 p.m. Bus leaves City Hall at 5:30 p.m. Game time 7:15 p.m. 5.9 LABOR DAY HOLIDAY - September 4, 2000 - City Offices will be closed. Will reopen Tuesday, September 5, 2000. 5.10 CITY COUNCIL MEETING September 5, 2000 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Drive. 6. CONSENT CALENDAR: C/Huff moved, C/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Rol Call vote: AYES: COUNCIL MEMBERS Chang, Herrera; Huff, M/O'Connor NOES: COUNCIL MEMBERSNone ABSENT: COUNCIL MEMBERS - MPT/Ansari 6.1 APPROVED VOUCHER REGISTER - dated August 15, 20001 1 n the amount of $367,171.58. (M/O'Connor abstained from approval of the following items due to a potential conflict of interest relating to the Lanterman Forensic Expansion Project: P.O. 7923 for $41.38.) 6.2 APPROVED LOCAL LAW ENFORCEMENT SUPPLEMENTAL FUNDING CITIZENS OPTION FOR PUBLIC SAFETY (COPS) AB3229 FUNDING FOR FY 2000-01 - reviewed the recommended use of funds as requested by Capt. Yim and approved the necessary budget adjustment for receipt and expenditure of grant funds. It is estimated that the City will receive funds in the amount of $129,000. 6.3 EXTENDED CONTRACTING SERVICES AGREEMENT WITH HULS ENVIRONMENTAL MANAGEMENT, LLC - FOR INTEGRATED ENVIRONMENTAL MANAGEMENT SERVICES - (1) found that it is in the City's best interest to extend the existing contract and (2) approved and authorized the Mayor to extend the Consulting Services ;agreement with Huls Environmental Management in an amount not -to -exceed $69,650 for services relating to the administration of the City's Integrated Environmental` Services Program, including administration of the solid waste system, coordination of AB 939 program activities, management of the City's used oil and litter reduction grants and implementation of the NPDES permit requirements.' 7. PUBLIC HEARING: 7.1 PUBLIC HEARING: RESOLUTION NO. 89-97P: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUGUST 15, 2000 PAGE 6 CITY COUNCIL AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL - The Political Reform Act requires every local government agency to adopt a conflict of interest code designating certain positions participating in making decisions, which may affect financial interests. In addition, local agencies are required to conduct a review of its conflict of interest code biennially to determine if it is accurate or if the code must be amended. Upon review of the City's Code, it has been determined that several amendments are necessary to bring the Code into compliance. These changes include: Addition of Assistant Engineer and Associate Civil Engineer and removal of Associate Engineer, Deputy Director of Public Works, Senior Accountant and Treasurer. M/O'Connor opened the Public Hearing. There being no testimony offered, M/O'Connor closed the Public Hearing. C/Herrera moved, C/Chang seconded, to adopt Resolution No. 89-97P adding the positions of Assistant Engineer and Associate Civil Engineer and removing Associate Engineer, Deputy Director of Public Works, Senior Accountant and Treasurer. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT COUNCIL MEMBERS - MPT/Ansari 7.2 PUBLIC HEARING - LOCAL LAW ENFORCEMENT BLOCK GRANT LLEBG FUNDING FOR FISCAL YEAR 1999-2000 - The omnibus FY 1999 Appropriations Act, Public Law 105-277, provides for the implementation of the LLEBG Program. The purpose of the LLEBG Program is to provide units of local government with funds to underwrite projects to reduce crime and improve public safety. The public hearing is for LLEBG funds for fiscal year 1999-2000., For FY 1999-2000, the City will receive $65,026 and is obligated to match $7,225. As requested by Capt. Alexander R. Yim of the Walnut/ Diamond Bar Sheriff's Station, the LLEBG funds will be utilized for the Diamond Bar Special Programs Unit/High Impact Team Deputy. An advisory board has reviewed the proposed use of funds and concurs with the recommendation a o required. Capt. Yirn. Prior to the obligation of funds, a public hearing s M/O'Connor opened the Public Hearing. There being no testimony offered, M/O'Connor closed the Public Hearing. C/Herrera moved, C/Chang seconded, to approve the recommended use of funds as required by the Walnut/D.B. Sheriff's Station. The City will receive $65,026 for FY 99-00 and is required to match $7,225. Motion carried by the following Roll Call vote; AUGUST 15, 2000 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT COUNCIL MEMBERS - MPT/Ansari 8. OLD, BUSINESS: 8.1 AWARD OF CONTRACT TO WASTE MANAGEMENT OF SAN GABRIEUPOMONA VALLEY, INC. FOR REFUSE COLLECTION, TRANSPORTATION, DISPOSAL AND RECYCLING FOR THE RESIDENTIAL SECTOR - The staff report addressed the Agreement recently negotiated with USA Waste of California, Inc.. dba Waste Management of San Gabriel/Pomona Valleys ("contractor') for exclusive collection of refuse from the residential sector. The Agreement:' covered all barrel -served accounts, and any temporary roll -off box and bin service, associated with that sector. The Agreement was negotiated based on direction given by Council at its meetings of June 6 and August 1, 2000: Council requested that staff negotiate with the Contractor to come to a 10 -year agreement on provision of services for the residential sector. Continued from August 1, 2000. Presentations by DPW/Liu and Consultant J. Michael',Huls. Ray Anderson thanked Council for selecting Waste Management as the City's residential hauler and recycler. He introduced Angel Santiago, Municipal Marketing Manager and Ralph Nunez, 'Municipal Marketing Manager for the San Gabriel Valley. He thanked City staff for their diligence and hard work on bringing together a document that meets all parties' expectations. Addressing concerns about customer service, Mr. Anderson stated that T1 lines have been put into place and are fully operational, which gives the company 72 trunk lines for a significant redundancy in the system with regard to service calls that come into the Customer Service Center. In addition, Waste Management now has 14 full time CSRs and four temp -to - perm positions that will be fully staffed by the end of August. Waste Management is expanding its facility in the Baldwin Park area to increase in- house and operational service base capabilities'. He asked Council to look at the new facility and plans for early spring. Temporary trailers will be set up on-site to house the customer service center and there will be no interruption in service during construction. He explained the proposed rollout program. C/Huff asked staff to place the rollout procedure on the City's web site. M/O'Connor asked Council Members to have their suggestions to staff regarding the rollout program' educational and informational materials by Friday. Mr. Anderson confirmed to M/O'Connor that the brochure would be printed in multi-lingual versions: AUGUST 15, 2000 PAGE 8 CITY COUNCIL Don Gravdahl said he did not see any provision in the contract for homeowners to purchase a trash cart in order to reduce their monthly fee. M/O'Connor responded that the contract would be modified accordingly. C/Chang moved, C/Huff seconded; to approve and authorize the. Mayor to execute, a 10 -year Agreement (8/15/00 through 8/15/10) with USA Waste of California, Ind. dba Waste Management of San Gabriel/Pomona Valley, to provide exclusive refuse collection, transportation, disposal, and recycling services for the residential sector within the City,, subject to Council and staff amendments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Ansari 8.2 AWARD -OF CONTRACT TO VALLEY VISTA SERVICES, INC. FOR REFUSE COLLECTION, TRANSPORTATION, DISPOSAL AND RECYCLING FOR THE NON-RESIDENTIAL SECTOR - The staff report addresses the Agreement recently negotiated with Valley Vista Services, ,Inc. ("Contractor'), for exclusive collection of refuse from all non-residential sector generators. The Agreement covers all bin -served accounts and temporary roll -off box services, including residential units that use bins. The Agreement was negotiated based on direction given by Council at its meeting of June 6, 2000 and August 1, 2000. Council requested that staff negotiate with the Contractor for a 10 -year agreement on provision of services for the non- residential, sector. Continued from August 1, 2000. David Perez, Valley Vista Services, explained that because the commercial business is vastly different from the residential sector, customer representatives will visit all businesses to develop customized recycling and other needs programs. He presented Council with a proposed implementation schedule. It is anticipated that the rollout will be completed by September 30 (approximately 55 bins). M/O'Connor moved, C/Chang seconded, to approve and authorize the Mayor !to execute a ten-year Agreement (8/15/00 through 8/15/10) with Valley Vista Services, Inc: to provide exclusive refuse collection, transportation, disposal and recycling services for the non-residential sector within the City. Motion carried by the following Roll Call vote: -AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS`- MPT/Ansari 8.3 CITY COUNCIL GOALS AND OBJECTIVES - Council held Study Sessions,, on May 2, 2000 and June 6, 2000 to discuss Goals and Objectives for FY AUGUST 15, 2000 PAGE 9 CITY COUNCIL 2000-01. Goals and -their various subsections were rated and ranked. At its August 1, 2000 Study Session, Council finalized the list of Goals and Objectives for FY 2000-01.The final list is comprised of 26 goals and subsections of those goals. , M/O'Connor pointed out that Council goals and objectives result from input by residents. C/Herrera moved, C/Huff seconded, to accept the Goals and Objectives for FY 2000-01. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff,'M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - MPT/Ansari NEW BUSINESS: 9.1 RESOLUTION NO. 2000-50: A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR - At its June 20 meeting, Council approved the FY 2000-01 Municipal Budget. General Fund Appropriations included estimated costs for the CALPERS 2% @ 55 Full Formula (Section' 21354) Retirement Benefit. In order to amend the current contract to provide Section 21354, CALPERS requires a series of agency actions. Adoption of Resolution No. 2000-50 is the first required;. agency action. C/Herrera moved, C/Chang seconded, to adopt Resolution No. 2000-50, Resolution of Intention to Approve an Amendment to Contract between the Board of Administration California Public Employees' Retirement System and the City Council authorized the City Clerk to execute Certification of Governing Body's Action (PERS-CON-12) Motion carried by the following' Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS'- None ABSENT: COUNCIL MEMBERS - MPT/Ansari " 9.2 FIRST READING OF ORDINANCE NO. 06(2000):'AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF DIAMOND' BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM (CALPERS) - At its June 20 meeting, Council was presented with the FY 2000-01 Municipal Budget Overview. Included in the overview were personnel recommendations AUGUST 15, 2000 PAGE 10 CITY COUNCIL including a contract amendment for the CALPERS 2% @ 55 Full Formula (Section 21354) Retirement Benefit. The Budget document presented included appropriations for the estimated cost associated with CALPERS contract amendment. At its June 20, 2000 meeting, ,Council adopted the FY 2000-01 Municipal Budget including the CALPERS contractamendment to include Section 21354. in order to amend the current contract to provide 21354, CALPERS requires a series of agency actions. Adoption of Ordinance No. 06(2000) is the next required agency action. C/Herrera moved, C/Huff seconded, to introduce Ordinance No. 06(2000) authorizing an amendment to the contract with the Board of Administration California Public 'Employees' Retirement System and the City Council of the City of D.B. and authorize the City Clerk to execute CON -12A, Certification of Compliance with Government Code Section 7507. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, M/O'Connor NOES: COUNCIL MEMBERS, None ABSENT: COUNCIL MEMBERS - MPT/Ansari 9.3 Continued to September 5, 2000 - FIRST READING OF ORDINANCE NO. 0X(2000): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF A NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE - The California Regional Water Quality Control Board - Los Angeles Region (Regional Board) approved the final version of the Standard Urban Storm Water Mitigation Plans (SUSMPs) on January 26, 2000. The SUSMPs must be implemented by all L.A. County storm water co -permittees, including the City, to take effect by October 8, 2000 or face'a fine of $10,000 per day. Council passed Resolution No. 2000-12 on February 15, 2000, supporting a petition to the State Water Resources Control Board (SWRCB) contesting the Regional Board's action on the SUSMPs. That petition is under consideration by the SWRCB'In the meantime, the City must implement the SUSMPs; and this ordinance establishes the means to do so. If, in the future the SWRCB addresses the City's concerns adequately,' the Municipal Code could be modified. The specific modifications to the Municipal Code are described in the report. Recommended Action: It is recommended that the City Council approve first reading by title only, waive full reading of Ordinance No. 0X(2000) amending the Storm Water and Urban Runoff Pollution Control Ordinance to Provide Storm Water Pollution Control for Planning and Construction of new Development and Redevelopment Projects and Amending the Diamond Bar Municipal Code. AUGUST 15, 2000 PAGE 11 CITY COUNCIL RECESS TO REDEVELOPMENT AGENCY: M/O'Connor recessed the City Council meeting to the Redevelopment Agency meeting at 8:49 p.m. RECONVENE CITY COUNCIL MEETING: M/O'Connor reconvened the City Council meeting at 9:06p.m. 10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: CChang spoke about the success of the skateboard park. The Council is concerned about young children not using their safety equipment and he encouraged parents to make certain their children are adequately protected. There are two concerts left in the Concerts in the Park series. Please bring your family' and take advantage of this free entertainment. C/Herrera stated that, earlier this evening, a private citizen spoke about efforts he is putting forth to bring a grocer to Country Hills Towne Center. Due to citizens' efforts last year, Ralph's agreed to Lease the space and assigned an individual to look for other companies to occupy the space. It is difficult to determine whether M&H Properties or Ralph's is at fault for not moving forward. At any rate, it comes down to business decisions that are being made at the expense of the residents'of D.B. and she believed the public should be aware of the fact that these businesses (M&H Properties, Ralph's and Albertsons) are not being good corporate neighbors and that they are not making business decisions that benefit the residents. She believed itis time that citizens ban together to take more aggressive action in this matter. C/Huff stated that on August 3, he, M/O'Connor and staff members interviewed six architectural firms in anticipation of designing the Civic/Community/Senior Center. That evening, the City held its first Industry East Advisory Committee meeting. Many of the ideas raised by the committee have been addressed by the City of Industry and Majestic Realty. He reminded ` residents about the City Online Technical Advisory Committee meeting on Tuesday, August 22. The City is looking to reinvent what City Online is and the committee would like residents to provide their input. The City has a web site (diamondbaronline.com) that will be promoted more in the future and is being tailored for more community dialogue. He spoke about the L.A. County Fair lapel pin that was given to him by Willy White, Pomona Councilman. The Fair is being held September 14 through October 1 in Pomona. M/O'Connor announced the "City of Diamond Bar Day"' at the Pomona Fair. The City is looking for community heroes to be recognized during the event. Please submit names and a brief description scrition p of why you believe the person is a community hero to the Ci as soon as possible. The interview process for the Civic/Community Center was a very interesting` process.The proposals were reviewed without looking at proposed costs. She anticipated that staff's recommendation would be presented at the September 5 Council meeting. On August 5, she attended the Irwindale Speedway Mayor's Cup. Arcadia was the first winner of this annual event. On Tuesday, she attended the Walnut !Valley Rotary Club's breakfast meeting during which the organization presented 300 pairs of shoes to two organizations to a AUGUST 15, 2000 ' PAGE 12 CITY COUNCIL distribute to children. She encouraged businesses to participate in this program. Also on August 8 she met with Mayor Winn of the City of Industry to discuss matters of mutual concern including the Industry East Project. Based upon discussions with Mayor Winn and Majestic Realty, the construction company appears to be receptive to comments, questions and concerns of D.B. and its residents. In response to overflow parking on Washington Street from the Metrolink Station located on Brea Canyon Rd., the City of Industry has temporarily_ removed the red curbing on Brea, Canyon Rd. adjacent to the parking lot to accommodate an additional 65 automobiles. The Industry East Project will incorporate a 400 parking space addition to the 700 parking spaces at the Metrolink Station. She attended the D.B. Rotary meeting on August 8 and presented the organizationwith an update on the City and its business. On August 10 she hosted the Mayor of LongKou, China who was in D.B. visiting a resident. Yesterday she participated in the Walnut Educational Foundation Golf Tournament. C/Herrera is President of the organization, which raises funds to distribute' among Walnut schools. She congratulated C/Herrera and her husband on the occasion of their 35th wedding anniversary, which they celebrated by participating in the golf tournament. She asked for the public's participation and indulgence in converting to a new waste hauling system. The " City's skate park has been open for one month and it is very uplifting to see the large number of people who participate throughout the day. She emphasized that for their safety, all skaters must wear their safety equipment. She called on parents to help instruct their children on the proper use of the safety equipment and to insist that it be worn of all times. Parents must wear safety equipment as well. She is discouraged that the youth have a negative attitude toward the Sheriff's Department when they attempt to enforce the code and that they have made a game out of non- compliance. It would be much easier for all involved if the participants would comply with the law and use the facility as it was intended to be used. She.would prefer that the City not have to take drastic measures to insure compliance. Bicycles and scooters are not allowed in the skate board park and motorized skate boards are not allowed in the park in general. ADJOURNMENT: There being no further business to conduct, M/O'Connor' adjourned the meeting at 9:30 p.m. expressing encouragement to Planning Commissioner George Kuo whose daughter had emergency surgery today. She wished' her a full and speedy recovery. CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF SC.A.Q.M.D 21865 Copley Drive JUNE 22,.2000 CALL TO ORDER: Chairman Finnerty called the meeting to order at 7:10 p.m. PLEDGE OF ALLEGIANCE; The audience was led in the Pledge of Allegiance by Vice Chairman Anis, ROLL CALL: i Present: Chairman Annette Finnerty, Vice Chairman Patty Anis and Commissioners Jeff Hull, Eric Stone and Marty Torres. Staff: Bob Rose, Director of Community Services; Don Hensley, Parks & Maintenance Superintendent; Gary Olivas, Recreation Superintendent and Debbie Gonzales, Administrative Secretary. MATTERS FROM THE AUDIENCE: None 1. CONSENT CALENDAR: 1.1 Minutes of May 25, 2000 regular meeting. 'VC Anis moved, C/Torres seconded, to approve the minutes of the May 25, 2000 regular meeting as corrected. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Hull, Torres, VC/Anis, Chair/Finnerty NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Stone ABSENT: COMMISSIONERS: None 2. INFORMATIONAL ITEMS: 2.1 Recreation Report` J i JUNE 22, 2000 PAGE 2 PARKS & REC COMMISSION RS/Olivas presented staff's report for the following events: I. Youth Track & Field 2. Youth Baseball 1. Adult Basketball 2. Adult Softball 3. - Contract Classes 4. Tiny Tots 5. Day Camp 6. Concerts in the Park 7. Adult Excursions Chair/Finnerty'suggested that prior to the July 12 youth excursionevent, staff advise parents that their children will not be permitted to swim in the ocean at Huntington Beach if there is any chance that the water could' contain harmful bacteria. CSD/Rose indicated that staff will make inquiries about the status of the water. If there is a problem the youth may be moved to another location. 2.2 Capital Improvement Program (C.I.P.) - Oral Report by CSD/Rose. 1., Skateboard Park CSD/Rose reported that the contractor has sprayed the shot-trete which is the application of concrete on the sloped ramps. Staff has been told by experts that this company has done an outstanding job of applying this material which should result in an excellent skating surface for the park users. Work is proceeding on schedule. It has been suggested that the turf not be installed until October. In the meantime, the dirt should be fine graded with a layer of mulch placed on top. Grand opening ceremonies are scheduled for July 15 at 10:00 a.m. VC/Anis said that this morning she heard that there are kids scaling the fence and skating inside the area. CSD/Rose said that staff has asked the Diamond Bar/Walnut, Sheriff s Station to increase their patrol of the area. VC/Anis suggested that staff post a sign indicating that if skaters use the surface too soon it will ruin the park for future use. JUNE 22, 2000 PAGE 3 PARKS & REC COMMISSION 2. Community/Civic Center CSD/Rose reported that the City received`l7 proposals from architects'interested in pursuing the design work for this project. These proposals are being reviewed and staff's recommendation will be presented to the City Council on August 15. It is intended that construction of the Community/Senior Center will be underway by next spring. 3. Pantera ParkBall Field Lights CSD/Rose stated that the bids and specifications have been released. As of today, 16 firms have asked for packages.' Bids are due by Tuesday, June 27. 2.3 Trails Master Plan: CSD/Rose stated that the next, joint meeting with the Traffic and Transportation Commission is scheduled for 7:00 p.m. on`July 27. He suggested that the Parks and Recreation Commission move their meeting time forward in order to complete their regular meeting agenda prior to the joint meeting. The Roth Group i's completing the inventory and base maps. Chair/Finnerty stated that if the Traffic and Transportation Commission is available to meet with the Parks and Recreation Commission on July 27 the Parks and Recreation Commission should plan to start their regular meeting at 6:00 p.m. She and C/Hull reminded staff that an aerial photo and map overlays were the two items requested during the previous joint meeting and that those items were to be ready for the next joint meeting. 2.4 Diamond Bar Community Foundation - Oral Report by Chair/Finnerty. CSD/Rose read the goals and objectives list provided by Chair/Finnerty. 2.5 Skateboard Park Rules - Artwork for Signs Report by CSD/Rose. 2.6 User Group Meeting - Oral Report CSD/Rose stated that 12 organizations submitted requests for use. As more'facilities and lighted facilities become available, more requests are expected by staff to be forthcoming. 3. OLD BUSINESS: JUNE 22, 2000 PAGE 4 PARKS & REC COMMISSION 3.1 Parks Maintenance Report: C/Torres reported on his Peterson Park visit. Overall the park looked good. One of the city's contractors is currently making adjustments to the irrigation system. Some of the bleacher's angle supports have sharp edges. The drinking fountain on field #1 was plugged and the fence was kicked in and loose. The v-ditches were full of debris. The skateboard park looked fairly secure in spite of the fact that the kids jump over the fence. At field #2 they found a boulder close to a play area which will be removed. Also, the bleachers had some of the tubular rail caps missing. They found a spike protruding from the ground near field #2. He also pointed out that some rather low hanging trees needed to be pruned: PMS/Hensley presented a report on parkmaintenance activities in response to the park visits. C/Hull said that he visited Ronald Reagan Park this past weekend and it appears to be in the same condition as it was when he visited it on May 18. The barbecue grills are very dirty and the deep tire tracks have not been repaired. Chair/Finnertysaid that at in her opinion, the fields have never looked better since TruGreen took over. In addition, users have commented that the fields look wonderful. 4. NEW BUSINESS: 4.1 Proclamation - July is Parks & Recreation Month- The California Parks and Recreation Society has provided a sample proclamation for "July is Parks & Recreation Month." Staff has re-worded the proclamation to make it appropriate for Diamond Bar. The purpose of the proclamation is to bring attention to the recreation programs and park facilities available to the residents of Diamond Bar. The Commission recommends to the City Council that the proclamation as amended, proclaiming July, 2000 as Parks and Recreation Month be presented by the City Council at their July 18 meeting. 4.2 Park Use Policies The current park use policies were adopted by the City Council on June 6, 2000. The Commission requested in May that this item be included on this agenda. The Parks and Recreation Commission reviewed the adopted park use policies and took no additional action. JUNE 22, 2000 PAGE 5 PARKS & REC COMMISSION CSD/Rose responded to. VC/Anis that the lights are metered and register the number of hours the lights are on. There are three separate light meters at Lorbeer Middle School. There is no automatic turnoff for the lights at Heritage Park. 5. ANNOUNCEMENTS: C/Hull announced that he will be out of the country and unavailable for the July 27 Commission meeting. He stated that he and VC/Anis attended the first City Birthday Celebration committee meeting this morning. The committee decided to go with a 50's theme.' VC/Anis stated that the date for the next City Birthday Celebration is April 29, 2001. C/Stone said that the City is seeking Industry East Advisory Committee members to help advise the City. Council on how to respond to related issues. Applications can be obtained at Diamond Bar City Hall. ADJOURNMENT: C/Hull moved, VC/Anis seconded, to adjourn the meeting. There being no other business to come before the Commission, Chairman Finnerty adjourned the meeting at 9:37 p.m., to Thursday, July 27, 2000 at 6:00 p.m. Respectfully Submitted, Bob Rose Secretary Attest: Annette Finnerty Chairman JULY Z7, 2000 PAGE 2 PARKS & REC COMMISSION 2. INFORMATIONAL ITEMS: 2.1 Recreation 'Report RS/Olivas presented staff's report for the following events: 1. Youth Baseball 2. Adult Basketball 3. Adult Softball 4. Contract Classes i 5. Tiny Tots 6. Summer Day Camp 7. Ad1 u t Excursions Chair/Finnerty said that she read in the Los Angeles Times that Manhattan Beach offers etiquette classes which are full. She would like for Diamond Bar to look into such a class for its youth. 2.2 Capital Improvement Program (C.I.P.) - Oral ort by Rep CSD/Rose. 1. Skate Park CSD/Rose reported that the skate park is completed. When the walk P through was completed after the grand opening staff determined that a few items needed to .be corrected:. Touch-up painting, moving a sign, and possible correction of the fun box ramp area. Chair/Finnerty reported that she received a comment from ian in-line skater who said that in meetings to design the park the skaters had indicated that they would like the rail through that area to be rounded rather than squared off. CSD/Rose stated that there are other issues that need to be considered such as installing drinking fountains closer to the skate park, consideration of shade trees, etc. A graffiti proof coating will be put on all of the vertical walls on the outside of the park. Staff is not certain why the steps are chipping. 4 -Con will put angle iron on all of the steps on the far east side. On the steps that go up on the northwest corner on the inside of the park, rails will be added to the two bottom steps and rails on the top step. In addition, metal will be added to the wall that the skateboarders use. The city is paying an additional $1,000 for this mitigation. VC/Anis asked Chair/Finnerty if she observed the kids weanng their safet a ui Pment to I JULY,27,2000 PAGE 3 PARKS& REC COAEWSSION JULY 27, 2000 PAGE 4 PARKS & REC comMSSION 2. Community/Civic Center CSD/Rose reported that six architects have been contacted for interviews out of 17. proposals received by the city. Interviews will be held on Thursday, August 3. Staff intends to present' its final recommendation on an architect to City Council on September 5 3. Pantera Park Ball Field Lights CSD/Rose reported that the contract has been awarded to M. Wilson Company Contractors, an excellent company recommended by the light manufacturer.The pre -construction meeting is slated for Wednesday, August 2 during which the 60 day project work schedule will be set. The goal is to have the lights operational by the end of daylight savings time in October. 2.3 Senior Program CSD/Rose introduced Dorothy Schmid, Senior Community Services Coordinator, D.B. staff member for six years and in charge of the Senior Program for three years. SC/Schmid presented staff's report. Allclassesand seminars are free to seniors. Chair/Finnerty stated that the Diamond Bar Community Foundation is looking for a representative member from one of the three senior groups. If SC/Schmid knows anyone who might be interested, please advise Chair/Finnertyor CSD/Rose. The Foundation meets on the third Thursday of each month. In response to VC/Anis, SC/Schmid indicated the price of the excursions covers the cost. CSD/Rose stated that no funds are recovered for Proposition A monies that are designated for the senior programs'. All general fund monies are recovered. 24 Trails Master Plan CSD/Rose presented staff's report. The information contained within the Commissioner's packet concerns the bike trails only. Tonight's joint meeting was canceled because staff expected to receive information regarding the bike trails as well as, the recreation trails. When the information for the recreation trails becomes available the joint meeting with the Traffic and Transportation Commission will be re -scheduled. The tentative date for the joint meeting is September 28. i JULY 27, 2000 PAGES PARKS & REC COMMISSION C/St.Amant volunteered to serve as a member of the. Trails Master Plan subcommittee. VC/Anis and C/St.Amant agreed to schedule a subcommittee meeting on Thursday, August 10, 2 p.m. at City Hall. 2.5 Diamond Bar Community Foundation - Oral Report Chair/Finnerty presented Commissioners with a>copy of the Foundation's draft brochure. The Foundation will be have a food booth for the last two Concerts in the Park on August 16 and August 23. The Foundation is looking for community input to determine what direction citizens would like to have the organization take. 3. OLD BUSINESS: None 4. NEW'BUSINESS': None 5. ANNOUNCEMENTS: Chair/Finnerty said she was song that there were no audience members present. She was at the skateboard park for a long period of time yesterday and spoke with several of the youth who were using the facility. She told them that they asked fora park on several occasions. �I The city spent $350,000 on their behalf and pushed the project ahead of other projects to accommodate the request. She told the skateboarders that it would be nice to have a few of them show up to the Commission meetinto s " " g ay thanks. C/Torres stated that AYSO registration is completed and in excess of 1400 youth have registered. There are ;120 teams and practice will officially begin on August 15. D.B. has one VIP team this year for youth with various abilities.AYSO physical has a new mandatory program this year for certifying coaches. under the Child Protection Act -billed as AYSO's version of a Safe Haven program, VC/Anis said that during the last couple of weeks the grass is brown on the Grand Avenue medians proceeding east from Diamond Bar Bou ievard to .Longview Drive and she wonders if the grass was mowed too close. She visited Ronald Reagan Park a few weeks ago and the grass was in bad shape at that time. The tire tracks, were filled in with the wrong type of dirt and did not look good. Starshine Park lookedood. The only thing g y n she noticed was that the poles at the top of the swing set need to be repainted. She attended the City Anniversary meeting this morning. L.T• C DIAML ,:., it's: - �,::i'f �` -'�7 r•c t ..vti i 1 .. ,fi iau CD F.,�[.iCYC _ .,_ ;^,�a _ in . u: ,_; v_L., ..._S ..,L it �. . :-t{;.£•i,;O IL ,I_,I li FL" i`;"'{ - ._ c+ DAT- .,HECK, It'ri -t. I �t UK- ^t. - r.iFsr..i:_._e. tF_S._..r_� - xc_ t y t 1 C 040 .. .. i T F -.f i 51 .,__c ,DO i t y - '7 - F --'"- - -'�... .. _„fk _ c-r,:•� u;t U. ;1 i .. i a �- _. .,,,}, , t'{. ,.vim: Jul Uri; r "11 = -- - REFFQ MU. 00 T°-; r - .. FI } - 21 ' TMQTp^• Y sj ljl "L62 i Y -. _. L4 k.rq T r .....OF DIAMOND r - RUN M -_T l R r 3)/:X j 116:47..Z3 {+T `PE V OU H REGISTER PACE' 2- ; c ynf__L:-Ar: �[sr_T �L{T PO � T��YLI�E DESCRIPTION 2 , PREP rnrc CHECK APPLtONE EMPLOYMENT SERVICES C1011 410-10-44-000'- i ` 602 TOP BOB- ICLER' i 0 '�A �P 0-- y ' '- -.L.v_, e. -- x L �Pir �ii�...5 li.l..EtsF-. .00 0`i Y_14 fit_ +':{:.. -`-- - 4 :-45555. U M4SS tCS � TOP J9.( - - - �-.TOTAL rrOPa-DS S7iS - ' T07ML i ft R 1 S Y L .. i ,:. -.��. EDL-.: 4 170 004 ARMELLES •-,LEGAL SVCS c._ - n+_,7---.-!,!0 . � _. TOTAL22 :.•_ P ..T_r_n r:.} .'TOTAL5 �-,::L VENDOR 2;700.-0,0 TOM VOMERS 5K 00 T. TOTAL ILE %,ENMOR 50. Df) CH :Lv. ... 5555..1 U4?.-_.-: G F - -... 1-^ :-L v _:moi _. :, .. _._>_ 7 LON3 DIST CHARGES 21 0 : TOTAL' FREPAIDS ' O TOTAL r.:� 3e__ ._: .__: per. _3.-c`T:j i '5522 .. ,-._- _� _ _ ,..�__ ...a., .:_ _ s. 2552 5552 .. 1 {. v_ ; ___ .:_ 522 ,2' r ! v.a.. :._..:_r_,.a s it s_..y- F -x 64,2.. - 5225. ._.. .:. 21.25 CELL - , rte- - ,. 57 f.. _ 1n -1-AL .a J. -, - _. S' 1030'.' 5555: S Wit.: +. ... ;;TP --_ :'. -v; .:J 5525 ::-.., 555: S J - 5 eO EFRE PUMMIUMS .' . _ 5552 DUE . VENDOR v.: - — - L 7748 PRINT Ems mas WE 43 t - _TA - r TOTAL c:,_ »L VENDOR 001-23002-- 5-0- '2.`7 REFUND PK DEP-HERIT.AGE 20M0 OF < '-IDS lo ai Vit✓ TOF..AL .4_uti-s.= f ai 171' DUE ,:_NIA t`:of r -} . I CITY 11 MAMMIt BAR RUN ITE- — 16-47'. 1a 23 i!,C:I:_R RCtst iiER - F^f x '? - — TFv .93_2M) L — _ tul'1.fs_EC: ife:n ut . .OLC..T F'CLC RD MOP 1 laPT10llki't, aT.si Ey.F i• IBILLIS' LOCK A%N13 SAFE _ TOTAL IFF !DS a... 102.72 i TOTAL _._r ... r, i. _ VENDOR - 1. rel: 72 - - TOT-AL Ll t R L x,X) : 'R TITAL 01 Fi- _ TOTALRECREL PREPAID_ - -0 01 -. T-1 R 43 TOTALTOTAL - _ t i . x _max_ _ r . 12S5112.31 ... i PROF- G_ 37- -00 11,37816 TOTAL u..:_ ..i _.: y � a - ��_ 37-8. 26i"MHA- r — 1 : INC, .;PROF FPL93-1.0-S : .t .. 924 ;i�T TOTALi_v t _ On. .. .- -' .. 5ti: 1,294.50 L BSN -:-PSRTS _._.: } . r _- r . CAROL _:'t 372,8-5 RECREATION +moi. :- . ._ .ee ._. Lam. TOTAL PREPAIDS it S TOTAL DUE VEINTDOR t ; , - - -5 .._:,._ ., E.. .._ OR) _ i Z; TG-ALAL sO r 'r. , .. o.. z. ^'a...','r.. l e S t TO C rt moi. �e CITE OF DIA1110, L' BAP t..i DATE! .61 _vf.z}.W-4-7:223 j 5"^u L r e+ - DUEE TH 0910512 r n L _ F� 1C uiry T. (._ (F-S 1 a.R 34 r lri, U,Ili ^. '. TOT :,a_ FPIF .._PA+.+.=s.TDT R y . 0ks._ u 4-0. T - :- VENDOR ` .UICTIN . ..vs v:,L5. 0."! - r f PREPAW TOTAL YOUCH RS ou TOTAL .UE OR WEN CHANG •_ TOTAL 0 : i L s ..i. a v._. VE..-DOR 510.utur :� •. Ell 34, v .v A L ME.. _ 50.00 Fy-. L ES AM AMMIMIS P., J.x:__ :. -. _ - : 0015510-451:27-- 10057, 7352 e NS _r r� ts J z 2,795.772 -.: - pp SKS '. -'-'. r �-:J: r ..£._s f�_T.. Jfi:. 12271 a-.- ,.ti - 2 2:_'_ _A:- .mo .i -- .: "' tiff 7.35C., a(.?i r, : : 43 i; r_ 70 AL DUE VIEN"DOR 41063.22r .ASS CUIR'lli-C-RATI -42 ( ill 11.32t __ - C _ _ k -:a: 11.32 1 4 `- _ v015554-4213 : P' i _. 15 31 L... Stl ,. §7111 11.32 z :.A D, r _ _.A L DUE F .�� .. u" � ,i z 11-00 OW002MO iTa.. A_ S4. v- TI 1 - - CIF OF Ll 3 � BN[y �B-31 3^ RUN dF3�FG 03/30/20 01-1 16-47i2-3' -2. 5fCi3` t y FEWER .AO._; 5 o` THRU -: i`d � 7 is .,. =.: i 7. —_. ._. S t��.3 DATE CHIECK COiNT ,y 3 r ` ID - - - '-f' k L--. TY ! { 3it_<v_ t flap f l R - 4422..-'., _ BQ .: -- n t 0, 44226 0614415-42225— - CE B. 5.. ._:`.!-i : £ z: F '1 010,t ,,.' 0c /2000 R - i TO...:.. :?-lam. AIDS .. —. 240,00 _ ,� TOTAL - --- - - 210 "f isVICZY - _ r FF.1 - - TOTAL R_FT, FDS O ?C•3 r7J TOTAL VOUCHERS :.. i MIT iAlL DUE VFI�FMIR 001520-45201— - .? 2f- r d X 8 F.k�rk1 F EFTY - .3- ,tf 05 ''.f !-J015220-452,1 —_ :M1 - �_ .: J:i,— 3 .. 'v. , u S.i.—:: _ . is _ 4z {;-TA3 cps. Cc. (" F TOTALULCERS -' TOTAL DUE 521948. 10 0551---4..411-1220016411 .:; ��. '�,_. fa,u 3 - 3p a_ v..'.ui. _L.4...... .,.....'SA.. 1067735=50 ^ F R j — — ! - TOIAL DJ._. VENDOR 1-061735.ter;. MY & MYE COPY COW: _• y v ,. L .. y , c_'_� -.._.,_ r T : " --i � ._ ... _v..... .a.:e__ ', i f 3 SUPPLIES vim„ ut_- at -f I - L .� TOTAL TOT; A--. VOUCHERS :_.. ..: s DEME TOTAL DUE VEMOS - - — i. - OES .._ w r .iia 001535142140-- ASIA 1973 'FACILITY 3 1440 TOTAL s ISS , TOTAL VOMHERS TOTAL DUE c v:: OC 1 -13€ #�I EKG CITYRUN DATED C;13/3 ,2696{ a� PAGE. 1E r: lih� j= �� _ r,�f1��,ytf. - n _ PREPAID [v. . � CNRIPiIO AH31-24T t+ e DATE - gin {tet i.:v{Si, itvj NIs 0015350-44000-- A I,v S, u'T liiv. ��1 t-{� r f S�Y� 7 tf1 f�7'1 � �` . � U00) ". 0015350-44030— A101.. j -r { r s Cs{C 7 a _ _ C � !' f > 4t _ 410i -4 4}V Or ..: D-E.Tr cf, 3. YF Fy CS l{ {.{ 0014030-44000— 9RsA Gr € SVCS iy tii s 74 j s__ .. 0 L' f} PRO Sil � FAT 1 E PAT F if i U(JE .040 .fir.__ .,- rt. f TOTAL Er AIDS TOTAL VOUCCHERS 1 120 F-9) , DEPARTMENT OF ANSPORTATION 0015510-4-5,E07— 8973 KAINT-L NE 00 74658. - TOTAL S.F 4 0.518, 25"15510y,- f _ t n 1 "i ^ AIECS .:- r — ., ,:L _:JE,. E.._i.iFT,.. 15 116 i-} J rt PREP TOTALIDS ...T ..._ .00 5665 - - {._ __ a _.:.. C .w.+:_ __15 . 196;57 _ . -: TOTAL S F ,}095. ;0 TOTAL _ 00, ,-. - TOTAL DUE VENDOR : C_ DING .. RECREATION iJ TOTAL TWAL V { „p„ 50 - ,.RUN rr— fl pn Ir a r. e.vF 'If C. .._Af i- l BAr-,- - p DATE OAS/30/20" 1:-" a2 i�i�ve�rz{ R GISILaR -Pati-i—i Z DUE _ }- - i h F'; (.jet f_...st : v ,v_-ri_C v 9 r :x �i...,,FL ^t- .F 1+:N3 _F.dvt ri �! Ej� - -{v[ __�4...al:va_? a:..-.rv.�vii F Kumm PUMA -_*...:a.L 'i .L_.2—ti::.41. s,_L vekED: - TOTAL V - - OTIRL DIUE VEIN' 60; DIVERSIF-IIE-D., 12F55523-5529-�- - DIAMOND :, 411017 DIAMOND o _t TOT; AL - TOTAL t 2 TOTALr r :: :. - TOTAL :v VENDOR -. Wo -TOTAL TOTAL VOUCHERS TOTALVENDOR < TOTAL11119 PAY CAMP 0117 _ ._. PRE 350.00 09/05/2DOO 44225 - t TOTAL S TOTAL DUE -, CRK_teO . rJ t.._ ERS „_ul`l TOTAL VEN. OR 9-1-17 -62 vii_ a t__ '3 -, i LTY 6: - 72, 00 .00 TOTAL VOUCHERS i y - 3 i -2-074.00 R12899 -, :- s - t 4 F t - - .. PREPAIDS - 01F DIAr r RUN! DATE: 03/30MDO 16W;-23 VOUNER REGISTER - DUE r 'E1.M1ECC7. Fl ED/moi--rA-C-1-7 3'.R ii 1A1.1M:. ~ T101 ATIOUNT N T FAITH COM -1$0111171 CHURCH V. TOTAL BE VENDOR i li.i - EXPRESS -.,-. --5v .._- 1 _ GENER& 48 Q0 140 - q - OT -. TOTP.- DUE VENDUR 10-4: 15 T E r TOTAL v , TOTAL V0-!;!CHERS !• t� i 715 42S 94 2 45? 12 TOTAL P�-,.EPAIUS DO 26. TOTAL DU ; 11101 i„ j . SYSTEEMIS - -• -- T . TOTAL FREPAIDS TOTAL VOUCHERS 28.86 TOTAL DILE `JEE� CR 86 45535 0' n r u-IGUS, 16.8 -.: _,� 1 L Fu -: zi E r. ME TOTAL FREPAIDS TOTAL VOUCHEF�-' TOTAL 2 -UE VENI-00-IR v.0 _. L 55 W" CITY OF 919=DA PUN' El TEf i 00. 'l-,-24-7-2--3 �. v I _..si -- { v -JV s - t n v- �i�., li--:�: IL., v_.�.�vTf._ii �v ��-..�. 9 PREPAID 5r �i__. w:: a,t',.i �rr, ,uuCT . �LD, �'ii # __ Lti3 iI Mill d;.iAt LL �ir �. ,_ A. 3 . _zU!?i .,. ,I=.. i.�tiLi. LD BEELER :.> 10117 CLAi_ .i., Y Bill ER TOT PREPAIDS L t -' 00, TOTAL DUE VENDOR 60'.A. -C" i L 95 '- .� .,:.f'-- _ _ :'.., a ___ .,O.:mar s:�. .��! 0007-21 PRGF.6VCS-DlST 41 651). 59 j _______ ..:V 0007-21 -._.f tEPIR, s. z_xlvi Utvi -.3L; 5.. .- - OTAL.. DUE VENDOR 7 - ;4 7 51RL EICOUT TROOP, 207 6015350-45305-- r4Ldl. _ 0 S__ 3 C.Rclh4S 232. v - TOTAL_ _ t TOTAL .- t.. TrTAL UE InNTA 1011 -7 TOTALSTAN PREPAIDS TOTAL VOUCHERS 100 1 'cios too - r TOTAL _ TOTAL PREP41DS TOTAL VOIJI' HERE TOTAL I`Ul 2740000 00 - TOTAL i _. TOT! 26.31- 0-7 .-- _. T-'TAL DIE V--NDOR 129 TMAL YOUCER1 . 2 s ,_ CITY F DI_A k'Tl B -A- sf�.,, sc ussi RUNA.TE' r 8i O'•'�MO ij,.x Q.T `3 VOUCER KEI TES: +; C. h -n LUIND/i rT- A:is r.;___V4 r:C- %t_ # INVOICE TF ❑ ff1�S - tTE FEC1 _t ESICA HALL of 53 Lf—, ;{.—_ _ _ i'z i CLASlNESTRCTR —' S' 2 130 00 TitT: L. Z... ..__ u' x�00 _ TOTAL V ElUl C. ,ERE 2., 1 31R.r . TOTAL D}?_ 'VEINDCR : 9 PAYGE HAMBY Y_ : J` - _ TEAL x' TEAL V U01 -c .5 104 410 TOTAL DUE �JENDOR -014 =0 0 INC :SEPT .. r A i' M _4 - 2,159.47 TOTAL FF �AIDS E VE MDCHELE TOTAL Ff EP TO • ..) - OTAL. vas,.. •_.r,�—_. a , - 4 01 S, — _ a'; n ... ... _. _. �. ._..� _.. .[. y q _ ISIS - - r 5 .. PREPA1 Taal sums EA 68 PREPRESS S, -NEWSLETTER e C _ - 0014-"95_4211 1-7 .0231 9-2- i UU1409f-42111-- 1-C _. _ u 2/23, PREPRESS SV"," -NEWSLETTER TOTAL PREPAIDS- 18.4 A03 TOTAL VOUCHERS 74144 TOTAL DUE VE DO -P.- 74t44 1N.- 9194 _0+_a. :L.. v_svv vs,.: viii _[v 47.8_..x.v - a _ i' -" 5 _.,,r. S _ m — _ s - - jot 00 -z 9 AIDS: - t - .00 - _ .i`era_ DUE -. 82'0 0 0e ITT' . Ri €IR DATE-1 081"W-0.1220D) a6•47.2-3 V. t.^S.,C L }_. 4- -` 2. tar _. _ .. ;:Qz I T.. s [-/(!Zr i i'j (i }.. /F i ::: ?__�a i1_i,. i,le.ii..v.. YSv..t t�a�'; -.jl 'tf x —tj .,�.SI:S'$.liL._ON cc .mL._-t,_r�Y DA;E J Ill L t i M1 INT w. _ e.:. ri__` --. 00 1 84-6 _ y Ali :411 ft F. E. 0 - }?} .. ` f f ... ` ,. r cp _ h Ll, AD '-.. .r t1 A I F 7 - ti� ice...__t �i. 59 DUE _ ft TnT.1,1 pr z .. -„ in.; rr- I LI 71 `_.4,_ .; U :.. _. ^ _. : �. r cti am: Domig 1 t 11-21,11'.{ O 7f t= '3r r r -T R f C{.:_LPt 3=:..3.L_L- 1F.;TG_i A 1lk-aT aLv. r -v x.tV - a_ _.Uri-.. T4LIN G F ti :r - ? v py Jy - -- U. r -r i ?• is ME11L r 7 -32 1__ P f G. _ — _ A -LIC EA - t — t - •c CITT OF DIAMIG BAR'. { J0 fir[ ' 6147 J3 RUN DATE: VOUCHER REGISTER PACE, .0vim. st DUE TH' PAID•tr+ FUNDf CTT -PR0,-,'ECT-ACCT Vo-.. ,.. e R `l r1- DESCRIPTION - A. GUtF DA " CHECK TER:R €nm -r,.,r r R k W-TiAL PREf.. r .00 - - _OTAL , VOUCHERS : a •....: a vv TOTAL 1305 OPR.. 0 ARBUE OF CA CITIES r !EA CL" DESTEF-917-9 '19/05120,T1.01 442,21 TOTAL PREPAIDS 3-225-0-0 ou N "FRP LET7ER PERFECT S15NS - - -j ._i_•_s_ .__<+: "'_ ... DI`',Er_i loft BOBFEE TO T L VOUCHERS a , TOTAL DUE �,.�EINDOR LEWIS 03RAVIN13 _r. _t _..SUMMER 'iti _is :u:�,-62 40 TO.T."AL VENDOR 62 4: oc 1590p 4535Y 10 1 0S 4 :TOTAL , .J-2. '--.r ry ,. DTAL - _. _ IAL TOTAL .. ..F. _ _ • - I.. e - _ :. •_ _ DUE t _. - 1,124.70 -, CITY •O, ba._. -.visa° ..-PM- - t.ya r:lt= u_/?v.. z;0 .6_47.:'.3 - VOUCHER: �L�. `�'f�"i iNE: '� , T3} i Tk, [l J ,10 fyyIyJ P EPA' IS 4 i'. L 'T�4 E f U,.:t:._v. r:_f.,. S ..vs�AJ. ,LrT S';.1-Y � v,�..iL3iEP i::i..�; -.I.a4{{ ;. i.�-- T r C - ,:t �:.i>_ f i:.>_. f!�if�� r^_ CHECK LOS ANGE-LES e s L..aav-Wv3,a .tee t-�.3F •Jyr vhf �:a i -a 4a. L_.v_a. a. L -L v_f_•: .a :�ti. F�:�-a !aR-.-µ: as -F - 5H 1i 2505510-46412-14295-46912 4706/5305/41 -fl_ NS:-r 2,14F ,1u.- L0 k.Ratk (.A v:E -49 f _15Z :� 470&!5305141 _: 7- : .. BLVD - - _ - TEAL WHERS TOTAL -. - - -A .:-- C -014411-45L,01-- .6432/2,7" ._..r � ". .Yu..0-, : iR._aTvs:a_- --fi +......_.).2. .vim �y - AIES ..-e:. - - TOTAL VOUCHERS PEAR Lu'u, , Y _ :IAL , TOTAL y VE ,1 e - -, TOTAL - 522.00, MC: CORFMATIM 4 4 MA7-T 11 . _i'f'. I.eig' RMI OF _ 1 6. ,0157 - - TOTAL k iF'i i s" l f - tf N fly_. -. T^. 1 DUE C'I i .IF DIAMOND Tti - { DATE 08,1,3012000 16-471Z.31 tLr `4723 03ir'i_ll: R ltr.C.LvT7 i4,. '15 Rilk U.,1!05/2000 PREP. .lig Lf:. # -=I r- - ION T 1MOU, =ILTDA • fr? m - - _ - TI-LUE kIENEVZR - 0014090-42130-- 106 5w9jS 0 1 EU RENTAL 717-S/4/00 - :. .. r 3 r : - s f TOTAL !_, l _:.w.._ p ,-= - +. izip. - - TDTA*L D-1 VENDOR 124 ': METRO MOBILE 0 Ns - - - :. __ _..: ..: ;:tet.._. _L.:>✓.: t:E ;.:.......: - __.amu TOTAL VOUICHIEIIRS 18 4 C) TOTAL DUE VENDOR it 41"i ME MM INK PREPAIDS TOTAL TOTALVOUCIPUS ...: - 17 1 00 10331 221577 LSE RR-TIBLE BLDG- e - TOTAL R... __,.. `s:f, .. -Y1-23D'---- "' - '- ,,tt `; DATE; �yt1-1,0',.0000 ._=`#i;43.. it ou-c!'ii.. ''EGnn TER PAOE 16, ;,_.;sat,_,.00FJINI- DUE TH - - RU- D-; r-.i-.-r fir, .: .. t. ix+�-a .. fai-_. r•i'- -$ ._-.. r. T r. a.xxv,_vL- tzFli CHECK - - TO f REF 1. ZjMERES 2 P. 47 TOTALTOTAL t MIKE NIDSRAT _.°`i - RECREATION! — .._ r. v Gt e.t.a? t- TOTAL VOUCHERS TOTAL _._r _Ns. 3 9&� 00 i -oul -- E- :� iT D 840 TOTAL FREPAIDS TOVOUCHERS DEBORAH O'CONNOR s 60-_ 37671. FECREATION FEES 21t _- ., 9 44780 37E 78 r.- C r �. i.e _ t�Tt BE 00 TOTAL DUE VEhZflrj- PNIC t -LANES Y - - TOTAL PREPAIDS .. -aHL . -E D ,. 149.46 .a- '., - RiTA!z ' O VOUDERE Y f t t . 757 PKE RENTAL ...._. .... ...:...: -. a 09/05/2000 i,} TOTAL PREPAIDS T37 VOUCHERZ 3'3! 7 ..'., 7 FRAfROU f 4 z - _. L l 00 V.. PPas _ ..98 T-.- _._ 1 : + _, CITY Y OF 11.11A ;M -.t, gt FAC z ' 7 ...._rte__. :.�:. s 2lUl+:.,. .._.•:- :i' a -_ - - _ 1�, S TSi�<; - - r l _ ,t a d10E- _S.,e.ar .:;.',�,;.� � D'ATL CHECK 414 MAI-INFI-PlOOL VEHICLE -VAN 3., .5-3 TOTAL PREPA B.S. - :. zoo .: Ji ::...._ . ai-._. ' t -i ,_:. L. i J t 2 44231 r .31 �. ` 231 -• `--, BENEFIT 4424 0?105/2000 f-rs.Ji - TIRE _:: .?},_._E .._emir=. ..y _,. 105i20.0 5s614.26 532=2 TOTAL FREPAIDS t TOTAL DUE ,_.,E. vim : 7,577.05 CAROLINE PHANEUF 0 -015350 -45a00 --'LA. , -I_ rTAL itAIDS - TOTAIL tv"301r_ ERE 192. 00 DUE VENDOR 192. {j it _.,z i•;-.- PITNET .�.. _.-: S. i:J_ eva_ t.. -_L L.S[E i ._t- _:: 36 .-._i - TOTAL - S- _ ,: _ ice: i ry ", R n.. r7L -'T L s. fi:., ,. jAN-juN 00 PARKING CITIES 0!1-03;'00 7t0X0 09/05!2&,3fi 44217 2 17 N W PARKiNoCITIES - .. 01-2K03- REFUND FK 5) 0 TD-TDTAL PREPAIDS i 4' t, _ TOTAL VENDOR, 0-0 -15472 -:_ PROMO r x- } D;::-) r__, _ _1,77.6.33 .. 7CIPPIL UE i CITY OF DIATID BA RUN D E- 08/30/2000 16:47:23 EICHER RESISTER F= 13 rR{E T '[pg t i = r FREPAIDry 't , r.:,L.Old. tt to .r ',.x,;,,._E iE..CRI ... ;,,0 N +{N'. tt Ti i^r.Eg'L' - ` _ i =[ _ 4 1 r 4 E q+r _ IIA00 09 0/2000 44 227 7 6 35--- /00 39 XO 0910512000 44227 S _ - TOTAL VOUCHERS n' . RECRE11ION REFUND " TOTALYA T DS 0-0 - -' -.t V-0-1.1CHERS - " IS i TOTAL r .v. .2:._ v.-:..._... __... .r3 2101 SOPLIESTM DEPT 1115 - ' . t .01 15 C lm9w3 MTG SIOFFLIES—CCZQ 71 32 TOTAL WEDS - --s.. TOTRL VOUCHERS 11"12 r .. .. 1020 B10MRSTY MTB-ANSAiRl TOTAL PREPAIDS 50 - TOTALCA .. ..i 5 - a::t SaUTISN !NC A10133 — � CLASS — - TOTAL : ; u- TOTAL __ VENDOR 2,301 0 :I -E 1 . ?='t .�. - I �. - 45001405442110-- 10339 10716 --"RINT SVCS-WIL M JIMET 576.0-S :. 1 _ 61 48 25.00 2 .-fit > REEFU14D . , . D � MN PK C XO - TOTAL DUE - i_ v_ 50 0; . .: AMr L R CITY OF DIAMOND mi kf .ATu. xJ.- 7—=23 1VHERRRESISTER, -- -BE-: 9 - PREPAID _ FUND WELT f•3'- : k _ . TS� DESCRIPTION .i i. 2422- ..v.__ „_ +..� ..::'i .4 h- 01-UNIT DATE C-1114 5210-42340--S { e -10 60-00 J 9P,05/2DOO 44220 i.-015210-42315-- 4 \_ +.r er_ r._..P: i:u L:u,.. _.rr.x.:..-L 44219 `pax. ' iO..._ . i.E. A1_3 -. - _f t A VOUCHERS TOTAL DUE VEND10,11,F-1. — •r} L AS`. 444-4. rr 3 :.. 4 ,,2.44,2 PREPA _az , TOTAL V _ U,,241.21-'-- -{:..L Ec`--`�E T a 241.20 WHY IMES '__� W'..AM 2442_- :, KITS EPAIDS ,. t T` -^ � ;� 4442 e:.;e- 2442., ... _ } t - - :,.TANIL: D-L-E 107,71 - ' 3F `:RECREATION REFUND TOTAL AMS TOTAL VOUC, RS -_ F� er_ T_ 4U::: 4444_ '.., 0 ,:ALLECO SAN EAMTEL - - _ C, -F ___ -: ._.... _er: 1_ vva 44. i _.1_.-- _._.L.f_ T.L __ 4444_• : Ff F240 15. 0009/f.15/2000 - - 423 n : ..-: TOTAL C TOTAL ME VEIIN'll-IOR 42245 .. ..•0 .r .. - - 4444. -_. _. i _�. :, :, 4444 ::� - U.,... ..y 2444 t.__ :-v • av_.>_u: e'T' :'4. y: � - �,: v. .+LEGAL 23'"A ' - 4444 la J 4.i�_,.L i, �FPL .. 'i it .. . :_ F —1 s t•` 0 .1224._ AD iM1 itts 'LEGAL NOTICE..: '.' vi� _ - _..z_. _: _xy. 4424 :4424 .. �:. _. _0 8 . TOTAL PREPAID$ .00 IDTVO-iUCHER. O. 6 TOTAL DUE VENDOR 8 91G5 7 L - _.'r_ _ -M 4444 TOT.. c. 4444.. ... .; 75 I r. 75 - --,0l -wiTY OF DIAMOND DA REGISTER 'it Du THRUt 09`10512600 PREPAID PO x- 1f4n f' -'DESCRIPTION a' v.5.._vsy i..- 0-015350-42-3--40— ti..Ei_i:vii ._ .. £�n0fY AX0 "s TOTAL PREPAIDS TOTAL VOUCHERS S: 2 00 i Ft 2219%802 LEGAL SVCS L TER?IiAN' TOTAL PREPAIDS ' HL TO VOUCHERS - TOTAL OW -._ . T; ry SIGNAL - ij . '?t±..!i S_c3_ MAIM -JULY i•-: a_...i1 Y �. s.3:J._-455437-_ r __ FFC 354,11L 1, 255. 16 ...a1555. v1_.�t.3 105334 n._ f EW ILkE .v-`.. vl.v. ,•si a3 J.!' c.. _..:r ilii ,.� 3 xc._fx c::v .o TOT -MAL V .. � xL vi•Jry - - SKATE • 10138 CLASS, f_L. Mr_i : z3-7-3. . . TOTAL . .EPA i Ls' TO L l 4U%. ._..E s. a £ ::i .... <,_... ._..,<Oi-. h 00 V i PC 10272 SUPFLIES - CNCRTS IN Fr W 4 12 C . PE 'J-0272 yP 7-11 SUPPLIES - DAY CATIP 7104 x U 110 - - PC 10272 SIPPLIE1 DAN CAMP 1 CWTS IN PKr - TOTALE D TOTAL .!,.nom i �.__.,�: s.: - - - Z 4'. TOTAL DUE VENDOR f_ ELLA n L 53 10140 CLASS ittLt-.TR:TR SUMMER TOTAL PREPAIDS 124. 17 TOTAL PREPAIDE- . _ TOTAL , _, - ., r EVENDOR - 207. 6-2 - I f {.. 3I I a?" PAF;.: IF ]jlu_. jHRu C19105/2000, y, J r. :�O V[ — iL'E ,. __J_RIPTION' r. rx,{{ri. h9} DATE ti.n001,4440-41200- 103142 6232646. PISAS75' KITS 9 ' TJ�I .iL L! L. TO TOTAL VOUCHERS _ - - TOTALENIBO- 251 t'14 _as_r 50 iTu CALIFORNIA t IS- 0015510742126.- ELECT SVCS TR7C CONTM. 102.77 0015510-42126— ELECT TRFPCi'h1Tc'x+ 2i2.41 �._. 22 ?8 E85 5 2 ELECT 1C Fr;_ _; M19 00153 '.,,__ n. :. :r - TOTAL DUE C L - {9. ,—i MM _ TOTAL `r .00 TOTAL DUE VENECR 51.14 TOTAL TOTALr _ - TOTAL L>::.. .,... .JDR - ,;I L' _ EMS APPY MCI-- .. VOUCHERS. 134 0 s TOTAL TOI�sL _�_ VEND -Di...... - - 69 NP J ._t RECREATION P W TOY FEE 3- 'W.' TOTAL DUE VE-1111",11DOR 37245 RECRi-EA-109 REFUND 38.74 M50 ._--!72- . .. -34 ,. _. _ - ..(2 .vim: - :: TOTAL PREPAID_ TOTAL VOUCHERS C:. Cl TY IF 0103M BA ' +:e J._ :y.,, FUNFUN fATEE, ?8,3' +�Xll 16 47:23 E ice�' [ *-!�- ��i,vth.iA. �t`.ii i.�FkC�? A -J LkjkvE• 2; _tfE T6!Rlj= 09105j'S00s _ PO * ia' ]! k'+ I 3H F — '- T10N sv•vu: i:L..,tah cF_ 3 alw'? � �. ctTC DATE 1'.Y�;.v• _Fr.v._F+,_ SAFETY ti_, .FLY r!?_ - 0015'554-41'2 - 130 . C -t {fl) !A'. TAIAINIT 1606t; C 1PLIES rT di TOTAL DUE VENDID, 9211 21 CL WETS COMPPREMOU0 9c '09/05-12'('00 _._ WNW COMPPRE49co PREPAIDS 7,646.46 TOTALTOTAL ERS T. T -SL 15--TS-SUMME CAMP 22.1.52 PREPAID -TOTAL 0 2M A TOTAL.E i.221.52, = TOTAL VOUOIK�ER:-'; „ { E I -' . .. __« 02 1 5.99 MTO 001409042325--, 1020 ... _.. ,. _,.., _.. 1<r_ .._. = fir' _.__. :,ice _._... _. _._v ._.._ '-8,V:5 J '. _ . ri 4109 99-46411 54109 ST REHAB -Di 28211)72 1 TDTA.L MAIDS .00 TOTAL kY_-_r_I FIRE 18^ 07- i5 TUTAL flu SUMMIT t x . .. . LNDSLIDE TOTAL fi CH E RS 1'-• AL __: Ns 0R 157200.-00 ` - TOTAL P�2PAIDS tk=) ' - _ ;,.,r., .._ is _'_CJ_RS L7 t :.. 7..07.,a.. DUE u v RUIN TJATP! 4—.47.2,31 VVILEHER REGH S.F. ER PACE: n. DUE THRU: ,tdr.:aL !``.. k -"r Tv5 jf t. -Ti r Rar 15 .,.it TO, Fr LU - ' - - 5-5TR _"}351_' h {{ , .. ::`d5' C 3 ". Pd jT`�. s - :vt - _ ._ T - k..rT 3 _a ClL i' - :.. ! i m :, •, t. __� _�. ...:» ,.=z�..: :,a: a-, .-- tris 1'v I�£'fL .is,.:iiv,...aJ - E - r _ ,rin .cam.»•viti• . - 3 • M UXV .; _ r ^ n e CITY OF UININD BAR :-R IN' DATE 08 /'sr f ,00 16 -47!23, . VO1 PRE' ` FUND /SECT - .._:i_ .._..T -j;_- :. �.kx, is, t. .f ri.+i.. Ll...__:._: : .. i E C ECK- WINKLEVAN.ANDAFFILIATES - ,.CTF k ,E .__sTOTAL f,`+ VOIJC,HEkt, DUE VENDOR CALIFORNIATOTAL .- 00153-31-1-42125— 90336tDR-951 PH. SZE BIC CIN PK 5 % 6A, -11053,5-4 C" 9093603195 PH. SZE - BOB & 07Y v _:< n i -,-- 909'39-65680 Pu e 1 c T, r C/CTR 32.40 00141'1.0-42125--:%'.{,.'_{av PHS,e 1«rR.`j,lGOVTr� rair 737 -� 90986(5 .463'e 5 air ON t 154.69 .. 90 f - i i PH SVCS' k11ODEk,l fi a 19.22 P[rr T"5 TOTAL VOUCHERSTOTAL _ - i A _ vDUC ! 4 _ri TOTAL, -.' .51-.=. VERIZON - - nri LL CHR5E. - .* - 12-6-4411-4212�-- Cal 106.30 0t, --j05!200& 44218 -- k r r _ 17 ,•,-, --L R21 TOTAL VUEAUCCHERS — —. -. TOTAL 5K, 07 '. Lt v: FREPAIDS- - :: rL :'C t.._ i.{emoi.:._. .S. fir. - -: - - I'JE VEWUR- - - 5054 .-- r:. _ ff, DEP-2 . . J _ . u...aC.._..,.-: LAURA _: -... �� ._. v:._ TOTALPATE E .: - .00 __.. ..__ .a_r_i-- - .: _ :._ i oHN -:c `. ..._._ - -.-: €.._ VOUCHEn' 1530 _. r: .. - CITY OF T' Mr. 'BA.—IR . .Cry+ 1'R C 03 n is i` 6!47'.-. li—.s —�:� :vt ,v:, t:J 3i �., .. VGUQiER 3 - - 5E! 7:t - _ ^3. — —EE i" DE — T 1a! haL.rE DATEDATE CLQ,# tt� K. - W.ALN1..ate C: UNIFIED.tC H_OI_ �:u•i, - FACILITY t t3 t l 2505510-46411-13336'9-46411 . - 0- .:tt R00-01-011 —i_—]F ryL-Ssi3r 3i} ria.5 TOTAL `i.a L x.•V - itF:..`.. .,nv:- - TOTAL 0015Z.53-45506— l - (j f , _ _ ter. r�i TOTALTOTAL PREFAME .:. .. L c_ �41f 1. 't-r-Y. - W1B— EWOON2 222 AO -44� _ . 1t_5 PRO fi.:; .' i .iia.! . : __ ..— 111' fo - — TOTAL __ :4 - 32 4 52 TD FREPAIDS TOTAL DUE V10u.-F, Pi 2 TO - 4 : .: CITY OF DIAMOND ark ix. �j 8jA{\ { iF1M 16:47,:23 1 DATE 08/3012201M6 4 [.23 i OU3,C.HE REG f..l" EF. Lfi , z . rte._ 2 6 PREPAID Ut., r7 ACC L•aROJE •j ACI".( _. ? Nv i,... ^ r 0%l n Yr j4:T rn :._',•.,_u[ :,>tu. [..xt.t:._, ::sir �'v "r ....�._. «�.,4 E ClACIFI.-. AMY WOON ".r• lJf �i _ ' : ': - ,:-- . .=Y. [•1 TOTAL _ 3333 TOTAL _NEWPOR :. ALLwr;T s - i'- T . - e.-. ... 3222 _._ � - TOTAL DUE VENDOR 4 5��5 o- _R 233 -.'.- r 4`19,')- .__.....:07,51470 171s _'_ .x_. _<_� _.:.: impy,:-. --<... - 3222 :, T OT AIL Ellu VENDOR ._ _._J:v_ ,23:25-- - - a.•_ 3 -.CREWS, .` 33:22 .rl- u._:., n TOTAL_ { i ' TO A. i _v—x r._R, ._ 14.S — L - -.L .. 11?. -" 11 11i 332. 3 2: 33. 3 _. _ WATRE 10,277 JUL-l5il5`,.`sl SUPPLIES-SYC r rt 233 T L DUE LIMA CREATION 3323.. u.zi —t ..i-- TOTAL .. VENDOR 34f. m0i) - 12•r a, ?74. 68 PEPORT ': _ AL Er ..L' _..r ..v.!.73 - 1,41 1052.0 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. G:1 TO. Terrence L. Belanger, City Manager MEETING DATE: September 05, 2000 REPORT DATE: August 29, 2000 FROM: Linda G. Magnuson, Finance Director TITLE - Treasurer's Report= duly 31, 2000 SUMMARY - Submitted for the City Council's review and approval is the Treasurers Statement for the month of July 2000 - RECOMMENDATION. Review and approve. LIST OF ATTACHMENTS: X Staff Report ® Public Hearing Notification Resolution(s) Bid Specification (on file in City Clerk's office) Ordinance(s) Other. Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST° t Has the resolution, ordinance or agreement been reviewed ® Yes No by the City Attorney? 2. Does the report require a majority vote? Yes No & Has environmental impact been assessed? N/A Yes No 49 Has the report been reviewed by a Commission?. NIA Yes _ No Which Commission? 5. Are other departments affected by the report? N/A ® Yes —No RE VI WED BY: REVIEWED BY: DEPARTMENT HEAD: Terrence L. Bel g r David D® le LG iiSda Ga M Y agnuso City Manager Deputy City Manager Finance Director CITY COUNCIL REPORT AGENDA N0. MEETING DATE: September 05, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Treasurer's Statement - July 31, 2000 ISSUE STATEMENT: Per City policy, the Finance Department presents the monthly,Treasurees Statement for the City Council's review and approval. RECOMMENDATION; Approve the July 2000, 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 July 2000. 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 CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT July 31, 2000 B1d11d1d�G TRAl�ISB12Sr ElWD11�1C 9ALAIt10E,; RE EJ B DISBURSEM IT IM ©41T31` ALA tVOE GENERAL FUND $14,717,956,96$2578,649.81 $2,304,357e87 $14,992,248.90 LIBRARY SERVICES FUND 100,314.39 785.09 99,529.30 COMMUNITY ORG SUPPORT FID 12,679.76 8,000.00 4,679.76 GAS TAX FUND 2,667,935.59 2,667;935.59 TRANSIT TX (PROP A) FID 1,496;092.75 88,275.57 84,691.07 1,499,677..25 TRANSIT TX (PROP C) FD 1,372,078.31 39,756.69 1,411,835.00 ISTEA FUND (3711609.40) (370,609,40)' INTEGRATED WASTE MGT FD 268,217.54 1;841.25 13,817,80 256,240.99 AIR QUALITY IMPRVMNT FID 151,532.44 7,697.16 143,835.28 TRAILS & BIKEWAYS FD (SB 821) (514,39) (514.39) PARK FEES FUND (18,375.61) (18„375.61) FACILITIES & PARK,REVEL. FD 2,439,231,37 2,439,23137 COM DEV BLOCK GRANT FID (29,633.18) 2,140.62 20.109.01 (47,601.57) CITIZENS OPT-PUBLIC SAFETY FD 288,603.23 3,918.16 284,685.07 NARCOTICS ASSET SEIZURE FD 337;146.86 337,146.86 LANDSCAPE DIST #38 FID 583,114.53 5,488,05 8,550,73 580,051.85 LANDSCAPE DIST #39 FID 253,623,76 3,038.28 6,753:58 249,908;46 LANDSCAPE DIST' #41 FD 352,775.64 2,472,77 4,851.50 350.396.91 GRAND AV CONST FUND 139,130.78 139,130.78 - CAP IMPROVEMENT PRJ FD 100441.17 ` 10,400.00 265,638.61 (154,797;44) SELF INSURANCE' FUND 1,164,354.95 164,3914.00 999;963:95 EQUIPMENT REPLACEMENT FUND 62,973.18 17,795.22 45,17796 TOTALS $26,089,070.63 $2,732,063.04 $2,911,3566.80 $0.00 $25;909,77687 SUMMARY OF CASH`. DEMAND DEPOSITS: GENERAL ACCOUNT $140,751.16 PAYROLL ACCOUNT (85,736.70) CHANGE FUND 250,00 PETTYCASHACCOUNT 500.00 TOTAL DEMAND DEPOSITS $55,764.46 INVESTMENTS: US TREASURY Money Market Acct: 553006:06 LOCAL AGENCY INVESTMENT FD 25,314,706.35 TOTAL INVESTMENTS $25,854,012,41 TOTAL CASH $252909,776.87 Note: The City of Diamond Bar is invested in the State Treasurers Local Agency Investment Fund, All funds are available for withdra- within 24 hours. Investment in the Local Agency Investment Fund is allowed under the City's formally, adopted investment po 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 dally basis from the City's bank accounts and are invested overnight into an investment poo of US Treasury Notes. Interest is credited to the City's bank account on a monthly basis L.AJ.F - Effective Yield for July 2000 6.443% Money Market Effective Yield for June 2000 5,806 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 es °mated expenc tures Terrence L. Belanger, Treasurer 0 'N o� N C V: 0 t�3 0 C d'Q 2 C 3 EU- CL y a�doLO mem � QmQ m i G .a .4+' V of 0! O tz m; C O O of ptq LL�u.D ai ai c di' 0 0 0 0 z' z „z z 0 a E d 0 -c m 1.tl a 0 a a F— p Z N L W 0 Q 0 0 m L"' 0 Z __ a� V) L' Q _a 0 o' 0 ch to O O. O IL 0 'N o� N C V: 0 t�3 0 C d'Q 2 C 3 EU- CL y a�doLO mem � QmQ m i G .a .4+' V of 0! O tz m; C O O of ptq LL�u.D ai ai c di' 0 0 0 0 z' z „z z 4. o � 0 CIO 4.4 Z° W o ° 42 cn a� Cd NON OO a.� M —,It r..d .� A o c o c �rA a� a h al U' ��N o Es 0 Z r- �� a) t) cdin 9 ¢ MSC 000 CNb t� 'tet y .d y �,,� �+ N ►moi U �} N 4.3 fay} 6F303 � O N N r cn U Ri C� r a sn _N cz U ul O v) p O cri"� eei MO n U U N &-.4 cis �O V O ( M4 00 00 in �s U M arAj Q w G "[ � � p N 4-4 U �C4 � o ° a, ami o : o H ¢ a5 wzww �, 6 �Afl ti LX I' i; : AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: September 5, 2000 REPORT DATE: August 298 2000 FROM: Terrence L. Belanger, City Mana er TITLE: Ordinance No.06 (2000), "An Ordinance of the City Council of the City of Diamond Bar authorizing an amendment to the contract between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement System (CalPERS)" SUMMARY: At its August 15, 2000 meeting, the City Council introduced Ordinance No. 06 (2000), authorizing an amendment to the contract between the City Council of the City of Diamond Bar and the Board of Administration of the CalPERS. The contract amendment is to include 2% @ :55 Full forrnula (Section 21354) Retirement Benefit. Ordinance No. 06 (2000) and the proposed contract amendments are included in the staff report. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar approve second reading by title only, waive full reading and adopt Ordinance No. 06 (2000), "An Ordinance of the City Council of the City of Diamond Bar authorizing an amendment to the contract between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement system (CalPERS)," LIST OF ATTACHMENTS: X Staff Report ® Public Hearing Notification Resolution(s) Bid Specification (on file in City Clerk's office) X Ordinance(s) Other: Proposed contract amendment ® Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes X No by the City Attorney? — 2. Does the report require a majority vote? X `les _ No 3. Has environmental impact been assessed? NA -Yes No 40 Has the report been reviewed by a Commission? NA Yes No Which Commission?' 5. Are other departments affected by the report? NA `les _ No Report discussed with the following affected departments: REVIEUU D B : DEPARTMENT HEAD: I Terrence -"Belanger David oyle Teresa Arevalo City Manager Deputy City Manager Senior Administrative Assistant AGENDA NO, CITY COUNCIL REPORT MEETING DATE: September 5, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager TITLE Ordninance No. 06 (2000), "An Ordinance of the City Council of the City of Diamond Bar authorizing an amendment to the contract between the City Council of the City of Diamond Bar and the Board of Administration of the California Public Employees' Retirement system (CalPERS)." RECOMMENDATION It is recommended that the City Council of the City of Diamond Bar adopt Ordinance No. 06 (2000), "An Ordinance of the City Council of the City of Diamond Bar authorizing an amendment to contract between the City Council of the City of Diamond Bar and the Board of Administration of the CalPERS:" FISCAL IMPACT The City of Diamond Bar has requested a contract amendment cost analysis to provide Section 21354. The costs associated due to the adoption of the plan amendment will result in a 2.495 change in the employer rate. There is no change to the employee rate for the plan amendment. No additional funding is needed since staff has incorporated the anticipated agency costs ($56,324) into the 2000-01 Budget. ` BACKGROUND/DISCUSSION At its June 20, 2000 Study Session, the City Council was presented with the FY 2000-01 Municipal Budget General Fund Overview. Included in the overview were personnel recommendations including a contract amendment for the CalPERS 2%0 @ 55Full formula (Section 21354) Retirement Benefit. The Budget document presented included appropriations for the estimated cost associated with the CalPERS contract amendment. At its June 20, 2000 City Council meeting, the City Council adopted the FY 2000-01 Municipal Budget including the CaIPERS contract amendment to include Section 21354, in order to amend the current contract to provide Section 21354, CALPERS requires a series of agency actions. Following are the necessary agency actions - 1 . Adoption of Resolution of Intention —Resolution No. 2000-50 adopted on August 15, 2000 satisfied this requirement. Upon adoption of the Resolution, the City Clerk provided to CalPERS form CON -12, Certification of Governing Body's Action. CalPERS Amendment (Ordinance) Page 2 2. Introduce Ordinance At its August 15, 2000 meeting introduced Ordinance No. 06 (2000). Upon Introduction of the Ordinance, the City Clerk provided to CalPERS form CON -12A, Certification of Governing Body's Action. 3. Employee Election -This is not applicable. Section 21354 (20/c @ 55 Full Formula) does not change the employee rate of contribution; therefore, an employee election is not required. 4. Adoption of Final Ordinance— Adoption of Ordinance No. 06 (2000) is the final required agency action. As required by Government Code Section 75079 the future annualoost of the proposed contract amendment must be made public prior to the adoption of the final documents. The following are costs due to the adoption of this plan amendment: 1. Change in the Present Value of Benefits $437,784 2. Change in Unfunded Accrued Liability $ 92,142 3. Change in employer rate 2.495%® Upon completion of the above agency actions, the effective date of the Ordinance No. 06 (2000) will be October 5, 2000, which is 30 days following adoption of the ordinance. The effective date of the contract amendment will be October 7, 2000, the first day of the payroll period following the effective date of the Ordinance. Prepared by. Teresa Arevalo Senior Administrative Assistant I ORDINANCE NO. 06 (2000) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND. BAR AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM. The City Council of the City of Diamond Bar does ordain as follows: Section 1. That an amendment to the contract between the City Council of the City of Diamond Bar and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit, and by such reference made part hereof as though herein set out in full. Section 2. The Mayor of the City of Diamond Sar is hereby authorized, empowered, and directed to execute said amendment for and on behalf of said Agency. Section 3. This Ordinance shall take effect 30 days afterAhe date of its adoption with the contract amendment effective the first day of the payroll period following the effective date of the Ordinance. Section 4. The City Clerk shall certify to the adoption of this Ordinance, and the City Clerk shall cause this Ordinance to be posted or published as prescribed by law, PASSED, APPROVED AND ADOPTED THIS day of 2000. Mayor l Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of, , 2000, by the following vote: AYES: COUNCILMEMBERSa NOES: COUNCILMEMBERSc ABSTAIN; COUNCILMEMBERS ATTEST - City Clerk of the City of Diamond Dar PLEASE DO NOT SIGH "EXHIBIT ONLY" 3. Employees of Public Agency in the following classes shall become members of said: Retirement System except such in each such class as are excluded by law or this agreement: a. Employees other than local 'safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. SAFETY EMPLOYEES. 5. The percentage of final compensation" to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordancewith Section 21354 of said Retirement Law (2% at age 55 Full). 6. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20356 (Extension of Reciprocity Rights for Elective Officers). b. Section 20938 (Limit Prior Service to Members Employed on Contract Date). G. Section 21024 (Military Service Credit as Public Service), Statutes of 1976. d. Section 21574 (Fourth Level of 1959. Survivor Benefits). 7. Public Agency shalt contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members ,of said Retirement System; 8 Public Agency shall. also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and Liabilities of Public Agency and its employees shall be: pooled in a single account, based on term' insurance rates, for survivors of all local miscellaneous members. 2000-50 b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of _ administering -said System as it affects the employees of Public Agency, not including the costs of special 'valuations or of the periodic investigation and valuations required by law. C. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special .valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required bylaw. 9. 'Contributions required of Public Agency and its employees shall be subject to adjustment by Board on ;account of amendments to the Public Employees!Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and, valuation required by said Retirement Law. 10. Contributions required of Public Agency and its employees_ shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions isaid for any y period,` proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the e.--" and the Board. B. This amendment shall be ctive on the day of BOARD OF ADMIN ff%TI CITY COUNCIL PUBLIC EMPLOYEES' EMENT SYSTEM CITY OF DIAMOND BY p� BY KENNETH W. MA N, CHIEF PRESIDING ICER ACTUARIAL & LOYER SERVICES DIVISION PUBLIC EMPLO EES' RETIREMENT' SYSTEM Witn ss Date Attest: Clerk AMENDMENT PERS-CON-702A (Rev. 8196) Q�1(j.-fin CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and City Council Members MEETING DATE: September 5, 2000 REPORT DATE: August 29, 2000 FROM: Linda G. Magnuson, Finance Director TITLE: FY 1999-2000 Purchase Order Carryover Budget Adjustment SUMMARY: Fiscal Year 1999-2000 ended on June 30, 2000. Since that time, staff has been closingout the fiscal year. Part of this process has been to evaluate all purchase orders (P.O.$) which have remained opened and encumbered at the end of the fiscal year. The attached list contains all PO.s that have been identified as carryover purchase orders. These are for items and/or services, which had either been ordered or contracted for but not completed or received by June 30. Since the encumbered budget lapsed at year-end, it is necessary to adjust the FY00-01 budget to allow for these prior year encumbrances. In effect, the City will just carry forward the applicable portion of the FY99-00 budget RECOMMENDATION: Approve the attached Purchase Order Carryover in the amount of $1,704,956.75, and authorize the necessary adjustment to the FY00-01 Municipal Budget LIST OF ATTACHMENTS: - Staff Report _ Public Hearing Notification _ Resolution(s) - Bid Specification (on file in City Clerk's office) -Ordinance(s)- X Other: PO Carry Over Listing _ 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? _ Yes _ No 4. Has the report, been reviewed by a Commission? _ Yes — No Which Commission? 5. Are other departments affected by the report? Yes — No Report discussed with the following affected departments: REVIEWED BY: pboo Terrencil. Belanger` David A. Doyle Linda G. Mag u n City Manager _ Deputy City Manager Finance Director CITY OF DIAMOND BAR FY 99-00 PURCHASE ORDER CARRY OVER ACCOUNT DESCRIPTION ACCOUNT # PROJECT # AMOUNT FUNDING GENERAL FUND Special Legal Services 001-4020-44021 N/A 34,458.21 City Clerk - Professional Svcs 001-4040-44000 N/A 6,000.00 General Govt - Training 001-4090-42340 N/A 1,735.69 - General Govt -Prof Svcs 001-4090-44000 N/A 41,910.96- Com & Mkting - Advertising 001-4095-42115 N/A 7,500.00 Com Dev - Prof Svcs Envirommntl 001-5210-44240 N/A 2,261.80 Com Dev- Prof Svcs Projects 001-5210.44250 N/A 23,320.00 Com Svcs - Prof Svcs 001-5310-44300. N/A 13,490.17 Com Svcs - Misc Capital Equip 001-5310-46250 NIA 1,115.52 Peterson Park - Capital Outlay 001.5319-46410 , NIA 8,050.71 Recreation - Supplies 001-5350-41200 NIA 1,450.00 Recreation - Lease/Rntl Real Prop 001-5350-42140 N/A 890.00 Public Wks - Prof Svcs - Envmmtl 001-5510-44240 N/A 616.25 Public Wks - CS - Inspection 001-5510-45227 N/A 17,526.70 PWks - CS - Traffic Sign[ Maint 001.5510-45507 N/A 5,027.90 PWks- CS - Industrial Waste 001-5510-45530 NIA 1,086.64 Engr - Prof Svcs - Plan Checking 001-5551-45223 ` NIA 5,759.10 T&T - Prof Svcs - Traffic Engr 001-5553-45222 N/A 5,092.00 Total General Fund 177,291.65 INTEGRATED WASTE MANAGEMENT FUND Solid Waste Mgt - Prmtnl Supplies 115-5515-41200 N/A 12,811.43 Solid Waste Mgt - Conti- Svcs 115-5515-45500 N/A 4,405.89 Total Int Waste Mgt Fund 17,217,32 Air Quality Management Fund Air Quality Mgt - Contr Svcs 118-5098-45500 N/A 937.95 Air Qlty Mgt - Comp Eq -Software 118-5098-46235 N/A 25,224.96 Total Air Quality Mgt Fund 26,162.91' LLAD 38 FUND LLAD 38 - Prof Svcs 138=5538-44000 N/A 28,321.54 Total LLAD 38 Fund 28,321.54 CAPITAL IMPROVEMENT FUND Pk Imp - Pantera Ballfield Lights 250-5310-46415 15199 8,889.60 Park & Fac Dev Fund Pk Imp - Sycamore Cyn Landslides 250-5310-46415 10898 20,354.60 General Fund Pk Imp - Skateboard Park 250-5310-46415 15500 50,111.22 General Fund Pk Imp - ADA Retro - Sycamore 250-5310-46415 15700 19,600.00 CDBG Pk Imp - Lorbeer Balifield Ltg 250.5310-46415 11298 2,951.80 Park & Fac Dev Fund Rd Imp - BCR-Pthfndr to Srthly CL 250.5510-46411 13399 707,144.00 Gas Tx, RDA Rd Imp - Chinook/San Leandro 250.-5510-46411 12298 18,352.00 Gas Tx' Rd Imp - Slurry Seat 250-5510-46411 01499, 622,525.61 Gas Tx Trf Sgnl - Brea Cyn Cutoff Q 57Fwy 250=5510-46412 1469.9 4,728.50 Developer Trf Sgnl - Brea Cyn @ Silver Bullet 250-5510-46412 14299 800.00 Gas Tx` Trf Sgnl - Lemon @ Lycoming 250-5510.46412 14499 800.00 Gas Tx Trf Sgnl - Gldn Spgs @ Rapidview 250-5510-46412' 14599 800,00 Gas Tx 1,457,063.33 GRAND TOTAL PURCHASE ORDER CARRY OVER $1,706,056.75 Page 1 CITY OF DIAMOND BAR FY 99-00 OPEN PURCHASE ORDER LISTING PO # VENDOR ACCOUNT PROJECT # AMOUNT 10022 John A Arguelles 001-4020-44021 5,199.99 8840 Livingston & Mattesich 001-4020-44021 15,744.32 9885 Sheppard,Mullin, Richter 001-4020-44021 13,513.90 34,458.21 9510 Municipal Code Corp 001-4040-44000 6,000.00 6,000.00 6046 Sungard Pentamation 001-4090-42340 1,735.69 .9798 Parsons Brinckerhoff 001.-4090-44000 41,910.96 9417 Help City.Com 001-4095-42115 7,500.00 8607 Envrnmtl Impact Sciences 001-5210-44240 2,261.80 9859 Cotton Beiand Assoc 001-5210-44250 13,320.00 7054 Urban Design Studios 001-5210-44250 10,000.00 23,320.00 9982 The Roth Group 001-5310-44300 13,490.17 9958 Angeles Pacific Co. 001-5310-46250 1,115.52 9983 Miracle Recreation Equip 001-5319-46410 8,050.71 9975 S & S Worldwide Inc - 001-5350-41200 1,450.00 9031 Deane Homes Swim Club 001-5350-42140 890.00 10056 Charles Abbott Assoc 001-5510-45227 127.50 10057 Charles Abbott Assoc 001-5510-45227 255.00 10059 Hall & Foreman, Inc 001-5510-45227 320.92 10086 Charles Abbott Assoc 001-5510-45227 127.50 10351 Charles Abbott Assoc 001-5510-45227 191.25 8455 Bryan Stirrat & Assoc 001-5510-45227 2,139.97 8549 Charles Abbott Assoc 001-5510-45227 175.75 8550 Bryan Stirrat & Assoc - 001-5510-45227 275.00 8794 Charles Abbott Assoc 001-5510-45227 321.46 8801 Charles Abbott Assoc 001-5510-45227 168.75 8804 Bryan Stirrat & Assoc 001-5510-45227 127.50 9055 Charles Abbott Assoc 001-5510-45227 255.00 9064 Charles Abbott Assoc 001-5510-45227 327.38 9155 Charles Abbott Assoc 001-5510-45227 267.22 9280 Charles Abbott Assoc 001-5510-45227 255.00 9325 Charles Abbott Assoc 001-55.10-45227 575.16 9378 Hall &Foreman, Inc 001-5510-45227 127.50 9505 Charles Abbott Assoc 001-5510-45227 127.50 9543 Hall & Foreman, Inc 001-5510-45227 127.50 9640 Charles Abbott Assoc 001-5510-45227 658.95 Page 1 CITY OF DIAMOND BAR FY 99-00 OPEN PURCHASE ORDER LISTING PO # VENDOR ACCOUNT PROJECT # AMOUNT 9813 Charles Abbott Assoc 001-5510-45227 9,040.29 9865 Charles Abbott Assoc 001-5510-45227 636.16 9866 Charles Abbott Assoc 001-5510-45227 620.58' C6996 - GFB Friedrich & Assoc 001-5510-45227 112.50 C9110 Bryan Stirrat & Assoc 001-5510-45227 165.36 17, 526.70 8977 LAC Public Wks 001.5510-45507 51027.90 9156. Huls Environmental Mgt 001-5510-44240 616.25 9324 LAC Public Wks 001-5516-45530 1,086.64 10058 Charles Abbott Assoc 001-5551-45223 627.68 8328 Charles Abbott Assoc 001-5551-45223 417.07 8335 Charles Abbott Assoc 001-5551-45223 2,795.72 8896' GFB Friedrich & Assoc 001-5551745223 268.88 9683 Charles Abbott Assoc 001-5551-45223 127.50 9694 Hall & Foreman 001-5551-45223 216.53 9779 Charles Abbott Assoc 001-5551-45223 150.35 9792 Charles Abbott Assoc 001-5551-45223 255.00 9844 Charles Abbott Assoc 001-5551-45223 127.50 9896 Charles Abbott Assoc 001-5551-45223 127.50 9931 Charles Abbott Assoc 001-5551-45223 362.94 9964 Charles Abbott Assoc 001-5551-45223 127.50 9985 Hall & Foreman 001-5551-45223 1.54.93 I 5,759.10 9184 WPA 001-5553-45222 5,092.00 10023 Huls Environmental Mgt 115-5515-45500 3,111.53 9156 Huls Environmental Mgt 115-5515-45500 1,294.36 4,405.89 10067 Promotional Products 115-5515-41400 1,776.33 10170 Adapt Consulting Inc 115-5515-41400 2,576.86 10245 Adapt Consulting Inc 115-5515-41400 623.73 10247 Adapt Consulting Inc 115-5515-41400 511.95 10248 Adapt Consulting Inc 115-5515-41400 3,857.15 10249 Choice Advertising 115-5515-41400 642.02 10250 Adapt Consulting Inc 115-5515-41400 190.37` 10251 Choice, Advertising 115-5515-41400 2,633.02 12,811.43 8999 The Planning Center 118-5098-45500 937.95 9579 Tele -works Inc. 118-5098-46235 25,224.96 9867 Hirsch & Associates 138-5538-44000. 28,321.54 Page 2 ._ u CITY OF DIAMOND BAR FY 99-00 OPEN PURCHASE ORDER LISTING' PO # VENDOR. ACCOUNT PROJECT # AMOUNT 9177 Hirsch & Associates 250-5310-46415 15199 8,889.60 9228 Converse Consultants 250-5310-46415 10898 20,354.60 9816 4 -Con Engineering Inc. 250-5310-46415 15500 49,011.22 9847 Van Winkle and Affiliates 250-5310-46415 15500 1,100.00 50,111.22 9894 Hirsch & Assoc 250-5310-46415 15700 19,600.00 7965 David Evans and Assoc 250-5310-46415 11298 2,957.80 10061 Sully -Miller Inc. 250-5510-46411 13399 672,000.00 10062 Dewan Lundin & Assoc 250-5510-46411 13399 35,144.00 10063 Dewan Lundin & Assoc 250-5510-46411 12298 18,352.00 9277 Warren Siecke 250-5510-46412. 14699 4,728.50 9277 Warren Siecke 250-5510.46412 14299 800.00 9277 Warren Siecke 250.5510-46412 14499 800.00 9277 Warren Siecke 250-5510-46412 14599 800.00 10374 California Pavement Maint 250-5510-46411 01499 485,518.13 9868 GFB Friedrich & Assoc 250-5510-46411 01499 2,751.00 10345 Manhole Adjusting Inc 250-5510-46411 01499 102,756.48 10346 ' GFB Friedrich & Assoc 250-5510-46411 01499 31;500.00 622,525.61 Grand Total $1,706,056.75 Page 3 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: September 5,'2000 REPORT DATE: -August 28, 2000 FROM: Bob Rose, Community Services Director TITLE: Consideration of Bus Stop Shelter Agreement SUMMARY: The City of Diamond Bar has an agreement with Eller Media Company'to provide bus stop shelters and benches in Diamond Bar. The agreement is scheduled to expire unless replaced with a new agreement. Staff has negotiated a new seven (7) year agreement that provides for the same $24,000 payment per year to the City as is in the current agreement, plus provides the following: • All existing bus stop shelters will be removed and replaced with new shelters, the design to be determined by the City. • Ten (10) additional shelter locations 'will be added: • All existing concrete bus stop benches will be removed and replaced with new, concrete benches, the design to be determined by the City. • Concrete trash containers will be installed next to each concrete bench, the design to be determined by the City. > • Service to trash containers in front of K -Mart Center will be increased to five (5) days per week. • All costs for,work related to the above items will be borne byEller Media Company. Option for an additional seven (7) year extension. RECOMMENDED ACTION: It is recommended that the City Council approve the Bus Stop Shelter agreement with Eller Media Co., for a period of seven (7) years, from July 1, 2000 to June 30, 2007. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution(s)' - Bid Specification (on file in City Clerk's office) Ordinance(s) X. Agreement(s) EXTERNAL DISTRIBUTION: _SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes. No p Yes 3. Has environmental impact been assessed. X No _ _ 4. Has Which Commission? reviewed by a Commission? Yes X No 5. Are other departments affected by the report? Yes XNo Report' discussed with the following affected departments: REVIEWED BY: D PARTMENT HEAD: CITY COUNCIL REPORT AGENDA NO. MEETING DATE: September 5, 2000 TO: Honorable. Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Consideration of Bus Stop Shelter Agreement ISSUE STATEMENT: Approval of the agreement will result in a seven (7) year term and the opportunity for the City to replace the existing bus stop shelters and concrete benches with a new design, as selected by the City. RECOMMENDATION: It is recommended that the City Council approve the Bus Stop Shelter agreement with Eller Media Co., for a period of seven (7) years, from July 11 2000 to June 30, 2007. FINANCIAL SUMMARY: This contract provides revenue to the City in the higher amount of 19.1 % of gross advertising revenue or $24,000 per year. Gross advertising revenue for 1999/2000 was approximately $88,000. The City received $24,000 revenue for this period of time. If this agreement is approved, the City will continue to receive at least $24,000 per year for the next seven (7) years, or $168,000 for the term of the agreement. BACKGROUND: On July 1, 1990, the City Council entered into an agreement with Eller Media Company (formerly Bustop Shelters, Inc. and Metro Display Advertising) to provide bus stop shelters and benches in Diamond Bar:The agreement allows the contractor to collect fees for advertising on the bus stop shelters and requires the contractor to pay the City a fee of $24,000 per year. The contract is scheduled to expire if a new agreement is not approved to replace it. DISCUSSION: Staff has negotiated the following terms for the new agreement: 1. Extension shall be for a term of seven (7) years, July 1, 2000 to June 30, 2007, with the; option for an additional seven (7) year term. 2. Fee shall continue to be the higher of 19.1 of gross advertising revenues or $24,000 per year: 3. All the existing bus stop shefters will be removed and replaced with new modular design shelters, as selected by the City. Ten (10) additional locations will be added.for new bus stop shelters. 4. All existing concrete bus stop benches will be removed and replaced with new concrete benches of a new design, as determined by the City. 5. Concrete trash containers will be installed next to each new concrete bench. The design of the trash containers will be determined by the City. Servicing of the trash containers will be completed by the contractor. 6. Service to trash containers on Diamond Bar Blvd, adjacent to the K -Mart Center will be increased to five (5) days per week. 7. All costs for work related to the above items will be borne by the contractor. PREPARED BY: Bob Rose Director of Community Services I CITY OF DIAMOND BAR FRANCHISE AGREEMENT FOR BUS SHELTERS THIS AGREEMENT is made this 5"' day of September, 2000, by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California, ("CITY") and ELLER MEDIA COMPANY, (formerly Metro Display Advertising), a California Corporation, ("FRANCHISEE"). RECITALS A. The City desires bus shelters and bus benches, hereinafter referred to as "shelters" and "benches", at various designated bus stop locations throughout the City. B. City desires to provide such shelters and bencheswithoutincurring costs and expenses therefor. C. Franchisee represents that it is willing and 'qualified to provide such shelters under the terms and conditions hereinafter set forth. D. City is willing to provide Franchisee with a right to construct, erect, install, repair, maintain and insure such shelters on City -owned property under the terms and conditions hereinafter set forth. AGREEMENT- 1. Grant of Right by Cit-. City hereby grants to Franchisee; subject to Provisions herein, the right to construct, erect, install, repair, maintain and insure shelters as described in Exhibit "A", attached hereto and incorporated herein by reference, at twenty-four (24) designated bus stop locations, said locations as are described in Exhibit "A" attached hereto and incorporated herein by reference. 2. Fee Payable to City. a. In consideration of the right granted hereby, Franchisee agrees to pay to City 19.1% of the gross advertising revenues received by Franchisee, after agency commission, for the rental of advertising space in and on each shelter; and in no instance shall said payment be less than a minimum of $2,000 per month'. No CPI increases will be available for the seven (7) year term and no additional minimum guaranteed fees will be available if additional bus shelters are installed above and beyond those 24' shelters described in Exhibit "A" b Franchisee shall make payment to City on a quarterly basis for all shelter revenues due City for the preceding quarter. Payments are due January 15, April 15, July 15 and October 15 of each year. c.' Franchisee shall allow inspection of its books and records by City officials as authorized by City Manager, at Franchisee's office during reasonable business hours, to determine revenues due the City. If payments are 31/1c or more lower than they should be, Franchisee shall pay costs of inspection. 3. Franchisee's Services. Franchisee agrees, at its own cost and expense, to perform the following: a. All bus shelters existing and in place in Diamond Bar as of the date hereof shall be removed and replaced with modular design bus shelters, as determined by the City. Work must be completed within 90 days of 'approval of design by the City. b. At least ten (10) new modular bus shelters shall be installed at ten (10) new locations; sites to be determined by mutual agreement and consent of both the Franchisee and City. Work shall be completed within 120 days of site determination. c. All concrete bus stop benches existing and in place in Diamond Bar as of the date hereof shall be removed and replaced with concrete bus stop benches of a new design, to be determined by the City. Work shall be completed within 150 days of design determination. Once installed, concrete bus stop benches shall become the property of the City. d. Concrete trash containers shall be provided and installed adjacent to all new concrete bus stop benches by the Franchisee. City shall determine design of concrete trash containers. Franchisee shall service trash containers per the frequency stated in Section 4 of this Agreement. Concrete trash containers shall be installed concurrently with new concrete bus stop benches. Once installed, concrete trash containers shall become the property of the City. e. Shelter Electrification — All bus shelters shall be equipped with solar powered illumination, consisting of energy efficient overhead fluorescent lighting (Minimum size - 80 ) concealed in the roof structure, unless Franchisee demonstrates that solar energy cannot feasibly be employed due to the physical location ofthe shelter. Photocells or other approved devices capable of, activating each shelter's lighting system shall be installed to ensure that the shelter is illuminated from dusk to dawn. If solar energization is infeasible at any particular location; conventional electrical energy shall be used to satisfy this requirement as long as a ready source of electricity is reasonably proximate to the shelter and the cost of connecting to that source is not unreasonable. In such event, Franchisee shall pay for the necessary electrical hook up and pay for onging electricity charges. f. Additional Shelters. The City reserves the right to require shelters in addition to the 24 referenced in Exhibit "A" and the 10 stated in paragraph 3.b. subject to the provisions herein, and upon written amendment to this agreement_ Franchisee shall make every effort to meet the need for additional City requested shelters, or document in writing within seven (7) days why it cannot meet stated needs. Failure to respond to City's written request within seven (7) days shall release City to fill the need at its discretion. No shelters other than those specified in Exhibit "A" shall be installed by the Franchisee without written authorization from the City. g. Liquidated Damages. Failure to perform, as required above, on any item, will result in liquidated damages being assessed by the City in the sum of fifty dollars ($50:00) for each delinquent day. 4. Shelter and Bench Maintenance Repair: The Franchisee shall maintain, repair, clean, and service all shelters and benches, keeping them, their appurtenances and the immediate surrounding areas, in a safe, clean, attractive, and sanitary condition. The Franchisee shall be at liberty to enter upon and into shelters and benches at any 2 reasonable time with personnel and all necessary equipment and materials to provide for the satisfactory maintenance of all the shelters and benches. Franchisee shall complete clean-up/trash removal calls on each shelter and bench location at least twice, each week; one of those being on the first workday following a weekend. Shelters and benches located on Diamond Bar Blvd. between Golden Springs and Palomino (area of K -Mart Shopping Center) shall be serviced five days per week (Monday through Friday). Each shelter` and bus bench shall be completely steam cleaned as needed, but not less often than once a month. Franchisee maintenance crews shall respond to maintenance problems at shelters and benches within three (3) hours of notification. The Franchisee shall repair or replace bus shelters and benches due to damage, vandalism or graffiti within two (2) working days after having been found at,the time of the required twice (or five-day) per week routine maintenance, or sooner upon notification by the City. If shelter or bench damage or vandalism is such that the public could be exposed to a dangerous situation while in or near the shelter or bench, the Franchisee shall repair:or, if necessary, remove the entire shelter or bench within twenty- four (24) hours of notification, leaving the site in a safe' condition, and it shall be replaced and made fully operational at the same location within five (5) working days after removal. The Franchisee shall furnish to the City a written monthly summary of its shelter maintenance operations -within the City of Diamond Bar. All maintenance work and Corrective actions shall be performed at the expense of the Franchisee. Franchisee's personnel, equipment and/or vehicles shall not block automobile or bicycle travel lanes without proper warning signs and traffic delineation devices properly placed in accordance with the Work Area Traffic Control Handbook (Published by Building News; Inc.) 5. Advertising: The Franchisee shall, upon request, transmit to the City Manager or his designee, color copies of any and all ads proposed to be placed in the shelters, for review prior to display. Should the City, in its sole discretion, determine that any advertising on any shelter is improper, offensive or constitutes a display that is likely to interfere with, mislead or distract traffic, or conflict with any traffic control system, the Franchisee shall be so advised and shall not utilize such advertising. In the event Franchisee fails to provide the City Manager or his designee with such color copies prior to display, and the display is determined: to be improper, for any reason set forth herein, Franchisee shall remove 'such advertising within twenty-four (24) hours after the City serves written notice thereof. Franchisee contractor will provide local businesses the right of first refusal on 50010 of the available advertising space. 6. Public Service Messages: Franchisee shall make available to CITY advertising space on each of the bus shelters for placement of public service messages, at no charge to the City, in accordance with the following schedule during the term of this Agreement: A minimum of 15% of total advertising space from November 1 through February 29; ;3 A minimum of 10% of total advertising space from March 1 through April 30 and September 1 through October 31; A minimum of 5%a of total advertising space from May 1 through August 31. Advertising space above and beyond the minimums may be made available to CITY on a space available basis. 7. Performance Guarantee: The Franchisee shall post and maintain an irrevocable letter of credit which will inure to the benefit of the City, or equivalent security approved by the City, in the amount of twenty-five thousand dollars ($25,000.00). Said letter of credit or security shall remain in effect over the duration of the franchise period to insure the faithful performance of Franchisee's covenants for construction, maintenance, and repair or replacement of the shelters and benches, timely payment of all revenues due the City, ie.: advertising revenues, and restoration of shelter sites to their condition existing prior to installation of the shelters, whenever a shelter is removed or relocated. _All shelters no longer serving a specified bus route shall be removed by Franchisee at its own expense within seven (7) days after written notice is served by mail. by City. Shelters maybe relocated only with City approval. 8. Term: The term of this agreement shall be from July 1, 2000 and shall continue for a term of seven (7) years, unless previously terminated as provided in Section 9. By mutual agreement and consent of both Franchisee and City, this agreement -may be extended for an additional seven (7) year term. Conditions and revenue are to be negotiated at time of extension as amended, 9. Termination: If the Franchisee is found to be in default with respect to any term or provision of the franchise, and if after ten (10) days prior written notice, Franchisee does not cure such default and provide for the satisfactory continuance of the agreement, the City may terminate the contract upon giving the Franchisee written notice thereof not less than sixty (60) days prior to the effective date of termination. Upon termination of the franchise, either by default or by expiration of its term, and within ten (10) days thereof the Franchisee shall remove the shelters and restore each site to its proper and original condition at the Franchisee's own cost and expense. The non -advertising; bus benches and concrete trash containers shall remain in place at the termination of the franchise. Franchisee shall retain the right to remove any shelter upon sixty (60) days notice to the City of Diamond Bar in the event the Federal, State, Municipal or other proper authorities should hereafter establish any rules, regulations or taxation which shall so restrict location, construction, maintenance or operation of the shelters as to substantially diminish the value of said shelters for advertising purpose whicheffectively inhibits the ability of the bus shelter to generate advertising profit. 10. Independent Contractor: Franchisee is an independent contractor and not an employee of City, and all personnel to be utilized by Franchisee in the 4 performance of this Agreement shall be employees of Franchisee and not employees of City. Franchisee shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 11. Insurance ' : The Franchisee shall obtain, at its sole cost, and keep in force throughout the term of the franchise, the following insurance coverage: a. Minimum one million dollars ($1,000,000-00) combined single lin-Lit public liability insurance for bodily injury and property damage. b. Said policy or policies shall be in a form approved by the City and shall name the City, the City Council, its officers, agents and employees as additional insureds by an endorsement to the policy. Said endorsement shall provide that the City shall receive not less than thirty (30) days prior written notice of cancellation of any policies of insurance required hereunder. c. Franchise shall furnish evidence, prior to commencing performance of this Agreement, of having procured Workers' Compensation Insurance on behalf of its employees in an amount as required by law and which is acceptable to the City Attorney of City. I Further, the Franchisee shall obtain any additional`kinds and amounts of insurance which, in its own judgement may be necessary for the proper protection of any of its officers', employees', agents', or authorized subcontractors' own actions during the performance of this franchise. 12. Representative and Notices: The City Manager or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Tony IngeRneri, Vice -President, Public Affairs, shall be the sole representative of Franchise for purposes of this Agreement, and may enter into any subordinate agreements with City pursuant to this Agreement on behalf of the Franchisee. Notice and written communications sent by one party to the other shall be personally delivered or sent by U.S. Mail, postage prepaid, to the following addresses: If sent by Franchisee to City: City Manager City of Diamond Bar 21660 E. Copley Drive Suite #100 Diamond Bar, CA 91765-4177 If sent by City to Franchisee: Eller Media Co. Tony Ingegneri, Viee-President, Public Affairs 1539 W. Orangewood Ave. Orange, Ca 92668. 13. Subcontractors: None of the services to be provided under this Agreement shall be subcontracted without the prior approval of City. Franchisee shall be 5 fully responsible to City for the performance of any and all approved subcontractors. Any performance of Franchisee's obligations hereunder by any person or entity, other than Franchisee, without prior written permission of City, shall be deemed reasonable cause for City to terminate this Agreement. 14. Assignability: This Agreement may not be sold, transferred or assigned by the Franchisee or by operation of law, to any other person or persons, business entity, without the City's prior written permission. Any such sale, transfer or assignment without written permission, may be deemed by City to constitute a voluntary termination of this Agreement by Contractor constitute a voluntary termination of this Agreement by Franchisee and this Agreement shall thereafter be'deemed terminated and void; provided and excepting, however, that if the Franchisee is a partnership and one or more of the partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of the deceased partner or partners without effecting a surrender or termination of this Agreement. 15. Indemnification: Franchisee shall defend, indemnify, hold free and harmless the City, its elected officials, its officers and employees, from and against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify, save and hold harmless City, elected officials, its officers and employees from any and all claims, demands, suits, actions or proceedings of any kind of nature, including, but not byway of limitation, all civil claims, Workers' Compensation claims, and all other claims resulting, from or arising out of the acts, errors or omissions of Franchisee, its employees and/or authorized subcontractors, whether intentional or non -intentional, in the performance of this Agreement. 16. Validity: The invalidity in whole or in pan of any provision of this Agreement shall not void or affect the validity of any of the other provisions of this Agreement. 17. Governing Law:" This Agreement shall be governed by and construed in accordance with the 'laws of the State of California. 18. Entire Agreement: This Agreement supersedes any and all other agreements whether oral or written, between the parties hereto with respect to the subject matter hereof and contains all of the Covenants and Agreements between the parties with respect to said matter, and each party to this Agreement acknowledges that no ; representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied " herein, and that any other agreement or modification of this Agreement shall be effective only if executed in writing and signed by both City and Franchisee. 19. Tax Interest: Franchisee recognizes and understands that this Agreement may create a possessory interest in Franchisee subject to property taxation and Franchisee agrees to assume all liability and responsibility for payment of property taxes levied on each interest. 6 20. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys' fees and costs from the opposing party in an amount determined by the Court to be reasonable. 21. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred, by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy- 7 w e EXHIBIT "A" Shelter Locations Location: 1. WB Diamond Bar Brea Canyon, 2. WB Diamond Bar Fountain Springs 3. WB Diamond Bar Grand Avenue 4. WB Diamond Bar Golden Springs 5. WB Diamond Bar Sav-On Entrance 6. WB Diamond Bar Pomona Freeway 7. WB Diamond Bar Sunset Crossing Road 8. WB Diamond Bar Highland Valley Road 9. WB Diamond Bar Temple Avenue 10. WB Golden Springs Grand Avenue 1 L WB Golden Springs Brea;Canyon Road 12. EB Golden Springs Brea Canyon Road 13. EB Golden Springs Grand Avenue 14. EB Diamond Bar Golden Springs 15. EB Diamond Bar K -Mart Entrance 16. EB Diamond Bar Sunset Crossing Road 17. EB Diamond Bar Highland Valley Road 18. EB'Diamond Bar Grand Avenue 19. EB Diamond Bar Quail Summit 20 EB Diamond Bar Brea Canyon Road 21. EB Diamond Bar Silver Hawk 22. 'WB Diamond Bar Tin Drive 23. WB Diamond Bar Clear Creek Canyon Drive 24. EB Diamond Bar Acacia Hill Road 9 Tonv Inveeneti AT%L rONa FROM. 19 CaAM: DATE. FAi WdABEIL NUMBER Of SHEETS INCi.II'DM THIS PACE: Aug -Ra -00 03:50P P.09 IN WrrNESS WHEREOF. the parties hereto have executed this AGREEMENT on the date and year first written above. ATTEST; CITY OF DIAMOND BAR ELLER NMIA COMPANY A Municipal CorPotatiOn A Califomia Corporation of the State of California Signed Title Title 77, A0 APPROVW TO FORM City Attorney City Clerk CITY OF DIAMOND BAR MEMORANDUM DATE:, September 5, 2000 TO: Honorable Mayor & Members of the City Council FROM: Terry Belanger, City Manager SUBJECT: Contract between the Diamond Bar Chamber of Commerce and the City of Diamond Bar for FY 2000-01 ISSUE STATEMENT: Consideration of a contractual agreement between the City of Diamond Bar and the Diamond Bar Chamber of Commerce. RECOMMENDATION: , It is recommended that the City Council approve the attached agreement for services between the City and the Chamber of Commerce. FISCAL IMPACT: The contract provides for monthly payments of $2,000 or $24,000 annually for administrative support and an additional $12,000 for advertisements in the Chamber's publication. DISCUSSION: The Chamber of Commerce provides a valuable service to the community and the City. The Chamber of Commerce answers inquiries from the public, distributes City -related information to both residents and business community members, and promotes the City of Diamond Bar at various events. To support the efforts of the Chamber of Commerce, the contract provides for monthly payments of $2,000. In addition, the City agrees to support the Chamber of Commerce's publication, The View, through an annual advertising budget of $12,000. The placement of the advertisements will be scheduled at the discretion of the City. The City Attorney has reviewed and approved as to form the attached agreement. Attachment AttachmentiA Chamber of Commerce Contract Prepared By: Dave Doyle, Deputy City Manager - I, CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. G 1' TO: Terrence L Belanger, City Manager MEETING DATE: September 5, 2000REPORT DATE: August 24, 2000 FROM: Bob Rose, Community Services Director TITLE: Authorization for the purchase of a Ford E150 XL Wagon (Cargo/Passenger Van). SUMMARY: Included as part of the 2000/2001 Fiscal Year Budget are the funds to purchase a van for use by city personnel to transport equipment. The selected vehicle has two removable passenger bench seats, converting it from an eight -passenger van to a cargo van. Staff solicited Requests For Proposals from seven vendors, and Chino Hills Ford was the lowest responsive bidder. The total purchase price of the vehicle from Chino Hills Ford' is $23;681.94. A total of $20,000 for the vehicle purchase is included as part of the Equipment Replacement Fund, requiring an additional $3,681.94 to complete the purchase. The City's Purchasing Ordinance limits the City Manager's purchasing authority to $15,000; the total cost for the van is $23,681.94, exceeding the City Manager's purchasing authority. With City Council approval, staff will proceed with the purchase of the van from Chino Hills Ford. RECOMMENDED ACTION: It is recommended that the City Council authorize the City Manager to purchase the 2000 Ford E150 XL Wagon and authorize the allocation of an additional $3,681.94 from the General Fund required to purchase the vehicle from Chino Hills Ford in the amount of $23,681.94. LIST OF ATTACHMENTS: X Staff Report — Public Hearing Notification _ Resolution(s) _ Bid Specifications, (on file in City Clerk's office) Ordinance(s) _ Other: _ . Agreement(s) EXTERNAL DISTRIBUTION: N/A SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? N/A _ Yes X No 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? N/A Yes X No 4. Has the report been reviewed by Commission? Yes X No What Commission? NIA 5. Are other departments affected by the report? NIA Yes X No Report discussed with the following affected departments: REVIEWED BY: Department Head Terrence L. Belanger James DeStefano City Manager Deputy City Manager Community Services Director I CITY COUNCIL REPORT MEETING DATE: September 5, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Authorization for Purchase of a Ford E150 XL Wagon Issue Statement Shall the City Council authorize the City Manager to purchase a Ford E150 XL Wagon and authorize the allocation of an additional $3,681.94 from the General Fund for the vehicle purchase from Chino Hills Ford in the amount of $23,681.94? Recommendation It is recommended that the City Council authorize the City Manager to purchase a Ford E150 XL Wagon and ,authorize the allocation.of an additional $3,681.94 from the General Fund for the vehicle purchase from Chino Hills Ford in the amount of $23,681.94. Financial, Summary Funds in the amount of $20,000 are included as part of the 2000/2001 Fiscal Year Budget in the Equipment Replacement Fund for the purchase of a van to transport equipment. Staff requested price quotes from seven automobile dealerships, and Chino Hills Ford responded with the lowest price of $23,681.94. An additional allocation of $3,681.94 from the General Fund is required for the vehicle purchase. Background/ Discussion As a result of the recreation program coming in-house, the increase in staff, and the variety of programs conducted at off-site locations, it has, become necessary to purchase an additional vehicle to transport equipment. Included as part of the 2000/2001 Fiscal Year ' ar Budget are the funds to purchase a cargo van. Staff 'solicited Request for Proposals from seven automobile dealerships to provide price quotes. The lowest responsive bid was received from Chino Hills Ford for the total purchase amount of $23,681.94. The Ford E150 XL wagon has seating capacity for eight passengers and with the removal of the two passenger bench seats, has a cargo capacity of 230 cu.ft. The. responses were as follows: Chino Hills Ford $23,861.94 Burch Ford No Vehicle Puente Hills Ford No Vehicle Colley Ford No Vehicle Ed Buffs Ford $25,671.54 Rancho Valley Chevrolet Non Responsive Smith M K Chevrolet Non Responsive Prepared by: Marsha Roa, Community Services Assistant Zjg9 City of DiamondBar. 21660. E. Copley Drive, Ste 100 Diamond 'Bar, CA 91765 REQUEST FOR PROPOSAL - Cargo/Passenger. Van - The City of Diamond Bar is seeking proposals for a Cargo/Passenger Van with the following specifications: 2000 Model Year — Cargo/Passenger Van Color: White Automatic Transmission 4 -wheel Anti' Lock Brake System 8 Passenger Capacity — with removal bench seats to allow for cargo space V8 Engine Air Conditioning Full Length Floor Covering Sliding Side Cargo Door Glass, Fixed Rear Cargo Doors Standard Radio If you have any questions, please contact: Marsha Roa, Community Services Assistant at 909.396.7509 Please fax proposal to: City of Diamond Bar Attn: Marsha Roa, CS Assistant 909.861.3117 fax Please respond by 5:00 pm. on Monday, August 21, 2000 7 jq J'-.1 4 1)";4, )1 li�i J'N ro,3 8,11 1, jq} DEALER 71E 104 R El suGmTm wrx ma E150 XL WAGON 22635, Go OWN- , - I 1`3 0 INCH WHEELBASli 20010 MODEL YEAR YZ OXFORD WHITE`CLEARCOAT A2 MEQIUh GRAPHITE VINYL 216 .8 PASSENGER 'BUCKET SEATS NC-' .4 -WHEEL ANTI-LOCK BRAKE SYSTE :NC XL TRIM -AIR BAG/P. GEN NC HANDLING PACKAGE N,C 99W 4,6L EPI V6 ENGINE 750, cc 44U gLECT. AUTO 0/0 TRANSMISSION N C, - X19 3.55 RATIO REGULAR AXLE lNC 574 A/C, HI CAP (FRT/RR) CFC FREE a25:00 153 FRONT LICENSE PLATE BRACKET :NC 166 FULL LENGTH FLOOR COVERING -NC 422 CALIFORNIA EMISSIONS SYSTEM. NC 52N SPEED, CONTROL/TILT STRG WHEEL. 385, Sa9 ELEC AM/FM STEREO W/CASS/CLlOCK 60S DOOR, SLIDING SIDE CARGO : 769 LT CHARCOAL REAR STEP BUMPER 120:00 WDELIVERY TOTAL VEHICLE & OPTIONS 24a70i 00 DESTINATION & DELIVERY 665,' 00 SCHEDULE A (MEMO) .:o 0 TOTAL FOR VEHICLE oo 25535, 777777 7 77 '777-.7 lvw CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. (. 10 TO Honorable Mayor and City Council Members MEETING DATE: September 5, 2000. REPORT DATE: August 25, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Finance Department StaffingChange SUMMARY: The City currently has a vacancy in the Finance Division. This vacancy is a result of the resignation of the part-time Senior Account Clerk. With this occurrence, staff has evaluated the responsibilities of the position and is recommending that this position be changed to full-time. RECOMMENDATION: It is recommended that the part-time Senior Account Clerk position be increased from the current thirty hours per week position to a full time Senior Account Clerk position. It is also recommended that the FY00-01 Budget be amended accordingly. FINANCIAL SUMMARY: The cost of this change in staffing level is estimated to be approximately $13,100 annually with a.cost of approximately $9,825 for the balance of the current fiscal year. 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? Yes_ No 4. Has the report been reviewed by a Commission? _ Yes No -' Which Commission? — 5.. Are other departments affected by the report? _ Yes No Report discussed with the following affected departments: — REVIEWED BY: DEPARTMENT HEAD: TerreAce L. BelangeJ David A. boy a Linda G. Mag u n City Manager Deputy City Manager Finance. Director ' ' . -'` ------`--~~^' No. MEETING DATE: 5, 2000 �--- ` ^ TO:' and of the City Council FROM: 'TerrenceL. Belanger, City, Manager_ ` ����� ' ' Consideration of increasing staffing levels by changingthe n Account Clerk position to a full tNle. . ' , ' ' RECOMMENDATION:_-- It is recommended that the ` . p ' 'ition be, increase-_~_ m the current thirty hours V�� It ' k position'Clerk .` that t' --- Budget be amended accordingly. ' ^ ` ' ..~...~_.~~~~~~A.... ' The cost of this approximately $9,825 for change in staffing level is estimated to be approximately $13,100 annually with a cost of U)ebalance of the currenty��C � DISCUSSION: ` ' , The City currently has a vacancy in the Finance Division. This vacancy is a result of the resignation of the pannlnmm Senior Account Clerk. With this occurrence, staff has evaluated the responsibilities of the position and q.e^vx"=//wm/,y"that uuthis pvwuw/me changed to full-time. � Thi�SO�[ ° � reporting, benefit adm inistration ' and ' - ' � ' special events . | � . //p: Over the payroll/ benefit administration function is an extremely critical area for months ` � . xity. For comparison, the number of approved positions at ' | anticipated that as the City confinues to briing operations in -house, the payroll function Will contilnue, to | change.-� As a result, the time' equired to accomplish the required payroll tasks This bUt'not to 'significantly impacted. - limited--- - --- -_-`,~-''-------- quarterly'erand ' '"p"""s | . | to payroll/benefit function, experience is very important. An i Although_..-,-_n-an ____'--__----_ experienced individual shou- already understand the various payroll reporting requirements, labor laws as they apply to payroll, as well as be familiar with the accounting, aspects of the payroll cycle. Recruitment f � CITY OF DIAMOND BAR AGENDA REPORT_ AGENDA NO: T0: Terrence L. Belanger, City Manager MEETING DATE: September 5, 2000 REPORT DATE: August -23,2000 FROM: Bob Rose, Community Services Director TITLE: Award of Contract for Sports Officiating Services to Tri -County Off icials,.lnc. SUMMARY: The City of Diamond Bar conducts an adult sports program as part of the recreation services program offered to the community. The adult sports program consists of softball, basketball and volleyball. Sports officials are needed to officiate the adult sports games to insure fair play and proper control of participants. Costs to provide sports officials are included in the fees that participants pay the City to register and to play in the adult sports leagues. Proposals were solicitedand reviewed by the staff. Tri -County Officials has provided professional officials for the Diamond Bar recreation program for the past nine years. However, their contract has always been with the City of Brea. Now that the City of Diamond Bar is conducting the recreation program in-house, it is necessary for the City to contract for officiating services directly. RECOMMENDED ACTION: It is recommended that the City Council award a contract to Tri -County Officials, Inc. in the not -to -exceed amount of $35,000 per year for the period of July 1, 2000 through June 30, 2002. LIST OF ATTACHMENTS: X Staff Report —Public Hearing Notification Resolution(s) - Bid Specification (on file in City Clerk's office) Ordinance(s) X Other: Request For Proposals X Agreement(s); Proposal from Tri-Counly Officials EXTERNAL DISTRIBUTION SUBMITTAL CHECKLIST: 1 resolution, luneyt ordinance or agreement been reviewed X Yes _ No by the City 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed?_ Yes X No 4. Has the report been reviewed by a Commission? Yes_ X No Which Commission?' 5. Are other departments affected by the report? _Yes X No Report discussed with the.following affected departments: REVIEWED BY: DEPARTMENT HEAD: rl Terrence L. Belanger James DeStefan Bob Rose City Manager L Deputy City Manager Director of Community Services CITY COUNCIL REPORT AGENDA NO. "MEETING DATE: September 5, 2000 TO: Honorable Mayor and Members 'of. the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract for Sports Officiating Services to Tri -County Officials, Inc. ISSUE STATEMENT: Contracts in excess of $15,000 require City Council approval. The contract for SportsOfficiating services totals $35,000 per year and is for the 2000/01 and 20001702 Fiscal Years. RECOMMENDATION: It is recommended that the City Council award a contract to Tri -County Officials, Inc. in the not -to -exceed amount of $35,000 per year for the period of July 1, 2000 through June 30, 2002. FINANCIAL SUMMARY: Funds' for sports officiating services are included in the 2000/01 F.Y. budget. Officiating costs are recovered by the city by charging program participants a fee that includes these costs. BACKGROUND:' The City of Diamond Bar offers a variety of adult; sports leagues as a part of its recreation program, including softball, basketball and volleyball. Sports officials are used to officiate these sports to insure fair play and proper, control ° of program participants. Tri -County Officials has;, provided officials for these leagues in Diamond Bar for the past nine years. While Diamond Bar was using Brea as the recreation contractor, Tri -County Officials contracted with Brea to provide these officiating services. Now that the program is in-house, it is necessary for Diamond Bar to contract' directly with Tri -County Officials. Costs to provide sports officials are recovered by the City by charging fees to the program participants. DISCUSSION: Recreation staff released an R.F.P.'to seek competitive proposals for the sports officials' contract. Three proposals were received and each of the responding companies was interviewed. These ,companies include Major League Softball, Umps Are Us, and Tri -County Officials. Tri -County Officials provide services to several municipalities including the cities of Yorba Linda, Chino Hills and Brea and will provide the City of Diamond Bar with a continuation of services at competitive rates. Based on information provided in the proposal, interview results and check of references, Tri -County Officials has been deemedthemost qualified company to provide this service. Total cost of officials for the 2000/01 'and 2001/02 Fiscal Years will each be about $35,000. The total contract amount shall not exceed $70,000. PREPARED BY: Bob Rose Director of Community Services _ SMALL/INFORMAL BIDS Bid Form Prg4a Names -O.Cr 101-1, Na: THREE GUQTES REQUIRED ON TME FOL.LOWIN ITEm(S): ITEJU DES CAPTION Our 3pac!!lcatbr SEF xM-�tGH-� 8? - r 1. Company Name: T7 L-1--1',' V/UTi/ 6*10ta Phone: Address.- AtL 1(y6T bA) AV6 Contact I j C -/c- q ZaG tWA1A/8E ,Status: 1151s" b6Ak1-A ►,%cCL,— Quote Unit Cost Total: 3 5,440 n77� Y 2. Company Nam4: LIMPS 19-a = Phan* No. 00 PG 3-0 Addr+rss:� xContact 411 FF! Uez� WIDE Quote Unit Cost: Total: `'� ► f1'1;CQ 7b�-�Y 3. Company N:�Cp c— 2g' oni No.. 1 5bc. c497 b �Uf ee v Lr1Ca�t. Address. Contact: W114 " lz�h N � Y�fU�i V - CJ�V Cq (S -U ! MWBE Statin: � ' ( P© L i Gf CT sem- Y' 4 6 PUF fts S -,v1,1 (:.,T fcs M &J6-vt LZ'rt& L<-, Quote Unit Cost: Total: 11 Bids Obtained Sy &t y" C &717 ► Date: 1, i - u SPORTS OFFICIALS SERVICE AGREEMENT THIS AGREEMENT is made as of July 1, 2000 by and between the City of Diamond Bar, a municipal corporation ("City") and Tri -County Officials, Inc. , ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide services to City as set forth in Exhibit "A",the City's Request for Proposals dated January 26, 2000 B. Contractor represents that it is fully qualified to perform such officiating 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. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A the City's request for proposals dated, January 26, 2000: B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit "B" and as supplemented in seasonal league playing schedules provided by the City Manager, or his designee. Services commence when official arrives at designated assignment site, and cease when official departs said site. Services do not involve any travel or transportation whatsoever. i 2. Term of Agreement. This Contract shall take effect July 1, :2000, and shall continue until June 30 2002 unless earlier terminated pursuant to the provisions herein. By five agreement may extended for up to (5), one (1) year increments. Conditions and fees to b mutual agreement and consent of Ci and Contractor, this a e negotiated at time of extension, as amended. 3. Compensation. City agrees to compensate' Contractor for each service which Contractor 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 invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed thirty-five thousand dollars ($ 35,000 ) annually. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Contractor: Rick Morris, President City of Diamond Bar Tri -County Officials Inc 21660 East Copley Drive 3679 Arlington Ave. #F. Suite 100 Riverside, CA 92506 - Diamond Bar, California 91765-4177 - 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor 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 controlover the conduct of Contractor or any of Contractor's' employees, except as set forth in this° Agreement. Contractor 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. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City 'harmless from any and all taxes, assessments, penalties, andinterestasserted 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 Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor represents that he does not have any employees nor will he have any employees during the term of this contract. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor, to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the: profession under similar conditions. 8. Indemnification. Contractor, agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each -of them harmless from, and all actions, claims, damages' to persons or property, penalties, obligations, or liabilities that maybe asserted or claimed by anyperson, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Contractor, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. i In the event there is more than one person or entity named in the Agreement as aContractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contractor 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 a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $3,000,000 combined single limit coverage against any injury, death,`loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, 'agents, and independent contractors in performance of services under this Agreement. Contractor shall require contracting officials to carry automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers, shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general 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. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in. the State of California or which' is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VIL C. Contractor shall submit to City insurance certificates indicating compliance with the minimum insurance policy endorsements indicating compliance with all minimum insurance requirements above-, not less that one (1) day prior to beginning of performance under this Agreement. 'Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Conflict of Interest. A. Contractor 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 Contractor under this Agreement, or which would conflict in any manner" with the performance of its services hereunder. Contractor farther covenants that, in performance of this Agreement, no person having any such interest shall' be employed by it. Furthermore, Contractor 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. Contractor covenants not to give or receive any compensation, monetary or ` B. Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. 11. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. Contractor may `terminate this Areement with or without cause upon ninety (90) days written notice to the City. The effective date of termination shall be upon the date specified in the notice of termination. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services, 12. Personnel 'Contractor 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 Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 13. Non -Discrimination and Equal Employment Opportunity. A. Contractor 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. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regardto race, color, creed, religion, sex,: marital status, national origin, ancestry, age', physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard I ommercial supplies or raw materials. 14. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 15. Compliance with Laws. Contractor shall comply with all applicable" laws, ordinances, codes and regulations of the federal, state, and local governments. 16. 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 Contractor 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 Contractor, 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: 17. 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. 18. 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. 19. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. 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 21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor 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. 22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. Tri—Countw�-Offioice.fr- 6STS661 P.02 Aug-29-Oo 01:28P F P-03 IN VVITNM WHEREOF the parties have executed this Agreement as of the date first written above, '!'City" i 1 TAST t CITY , OF DIAMOND BAR B• By: City Clerk f Mayor 5 �ppcaved as to form: B 4c,`ONTRAC ,1 { r Iiy {raa�kc�n a • •• - 4 4 - a r ' YY s yy�, F S i itt U IJ • S awl - z ADDITIONAL INSUREDENDORSEMENT COMPREHENSIVE GENERAL LIABILITY Name and address of named insured ("Named Insured"): Name and address of Insurance Company ("Company General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: 'Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and: volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under, the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained b the A y dd>tional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy, 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under_ the; policy. All such claims J-1 ADDITIONAL INSURED ENDORSEMENT I COMPREHENSIVE GENERAL LIABILITY shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5.The insurance afforded by the Policy for contractual liability insurance (subject to the terms' conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained in or executed in conjunction with the written agreements) or permit(s) designated above, between the Named Insured and the Additional Insureds 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereof. 'In the event of Company's failure to .comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations ,performed. by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. Thisendorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF THIS ENDORSEMENT ATTACHES FROM/TO LIABILITY i 1-2 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY II. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Contractual Liability ❑ Explosion Hazard Owners/Landlords/Tenants ❑ Collapse Hazard ❑ Manufacturers/Contractors ❑ Underground Property Damage Products/Completed Operations ❑ Pollution Liability ❑ Broad Form Property Damage ❑ Liquor Liability ❑ Extended Bodily Injury Broad Form Comprehensive p ❑ General Liability Endorsement .12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s) except.- (if xcept:(if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one) . 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms apart of Policy Number I, Q(print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind,the Company. Executed 20 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Phone No.: ( ) 7-3 ADDITIONAL INSURED ENDORSEMENT COMPREHENSIVE GENERAL LIABILITY CITY OF DIAMOND BAR AGENDAREPORT AGENDA NO. : Honorable Mayor and Members of the City Council MEETING DATE: September 5, 2000 REPORT DATE: August 31, 2000 FROM Terrence L_ Belan=,City Manager TITLE: Award of contract to R. F Dickson Company, Inc. for Street Sweeping Services SUMMARY: The -City has ' contracted with Athens Services since 1990 to provide street sweeping services. The current contract for street sweeping services expires September 30, 2000. On August 4,' 2000, a Request for Proposal for Street Sweeping Services was distributed to 13 service providers. Four proposals, from R. F. Dickson Company, Inc., California Street Maintenance, Inc., Nationwide Environmental Services, Inc., and Athens Services were submitted. Staff has extensively evaluated all firms and their proposals and has determined that R.• F. Dickson' Company, Inc. represents the best -qualified firm for a cost effective and quality street sweeping services program. R. F. "Dickson has proposed the lowest cost per curb -mile at a rate of $11.47. RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a five-year contract (10/1/06 to 9/30/05) for street, sweeping services to R. F. Dickson Company, Inc. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) X Bid Specification-RFPattachea Ordinance(s) X Other: goposals on file in Public Works Office X Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been X Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? Majority _ 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: REV EWED BY: Terrence gBelan r Ja s DeS 60iid�6. Liu Ci Manager Deputy Cityana er Director of Public Works CITY COUNCIL REPORT MEETING DATE: September 5, 2000.Agenda No. TO Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of Contract to R. F. Dickson Company, Inc. for Street Sweeping Services ISSUE STATEMENT: The City desires to provide quality and cost effective street sweeping services: RECOMMENDATION: That the City Council approve and authorize the Mayor to execute a, five-year contract (10/1/00 to 9/30/05) for street sweeping services to R. F. Dickson Company, Inc. FINANCIAL SUMMARY: For Fiscal Year 2000-2001, the budget for the bi-weekly street sweeping and event sweeping services is $125,000: BACKGROUND/DIS CUSSION: Request for Proposals (RFP) Since October1990, the City has utilized the street sweeping services of Athens Services (Community Disposal). The current contract expires September 30, 2000. Therefore, on August 4 2000, the ,Public Works Division issued the Request for Proposals (RFP) for Street Sweeping Services in the City of Diamond Bar to thirteen service vendors: Athens Services, California Street Maintenance, Inc., Nationwide Environmental, Los Angeles County, R. F. Dickson Company, Inc., City of Brea, City of Hermosa Beach, Valley Vista Disposal Services, Brigadier, City of Claremont, City of Azusa, Rey Sweeping and American Waste Industries:' Four vendors responded to the request: R. F. Dickson ,Company, Inc., California Street Maintenance, Inc., Nationwide Environmental Services, Inc., and Athens Services. The City of Brea and The County of Los Angeles responded that they were not in a position to present a competitive bid for sweeping services. Review Panel A Public Works review panel consisting of David Liu, Frank Hess, john Basin, and Linda Smith was set up. The evaluation criteria included: company's conformance to RFP; company's approach to work; reference checks scrutinizing, quality service; checking the qualifications of company's staff members regarding technical' knowledge and experience; review of each company's facilities; and evaluation for possible cost savings to the City. 1 The review panel rated R. F. Dickson Company, Inc. as the most qualified vendor based on the above review criteria: Conformance to RFP All vendors met the requirements as stipulated in the RFP. Additionally, the RFP requires a statement that the RFP with all of it's Appendices and the Contractor's proposal will jointly become the Scope of Work (Exhibit "A" and Exhibit `B" of the contract agreement). All vendors complied. Standard of Performance per the RFP The primary objective of street sweeping is to pickup all leaves, paper, dirt, rocks, cans and/or other debris to ensure free • flow of water in the gutter and to maintain streets in a state of cleanliness. The City will make the final determination as to whether the work has been satisfactorily completed and to order the Contractor to re -sweep or re -do areas not swept or done in a satisfactory manner. Sweeping will normally consist of a single pass at.not more than 5 miles per hour over an area. Shouldadditional passes be necessary in problem areas where silt, leaves, debris or other conditions warrant special attention, the contractor is required to do so. Water is used while sweeping to minimize dust. The word sweeping is not limited to the use of a power broom street sweeper. In the event that the results of a sweeping are considered unsatisfactory by the City, the Contractor is required to sweep or clean the unsatisfactory area again at no cost to the City, within two (2) calendar days without interruption in the regular sweeping schedule. Curbed areas that cannot be swept with power sweeping equipment, such as but not limited to narrow cul-de-sacs, median noses and portions of left turn pickets, will be hand cleaned to comply with the Standard of Performance: All vendors made the. statement to comply with the Standard of Performance in the RFP. Cost Benefit Analysis 1. Routine: Street Sweeping Currently the City has a bi-weekly sweeping schedule with the City divided into seven (7) zones., Staff anticipates the current bi-weekly schedule will continue to be adequate to meet the City's requirements. However, per the RFP the proposer is required to work with the City of Diamond Bar to accommodate street sweeping services with the trash collection_ days and tree watering schedules. The current bi-weekly contract rate of Athens Services is $13.74 per curb -mile. The City of Diamond Bar's Fiscal Year 2000-2001 annual budget is $125,000 for both routine and event street sweeping services. R. F. Dickson Company, Inc. is the only vendor that gave the same 2 , rate for weekly or bi-weekly service at a rate of $11.47 per curb -mile (See Attachment "1"). Additionally, R. F. Dickson Company, Inc. has guaranteedtheir rates for two years. Thereafter, the increase is tied to the Consumer Price Index. Using the bi-weekly routine street sweeping mileage based on the $11.47 curb -mile rate for 300 curb -miles, for 26 weeks (per the City's RFP), the annual cost would be approximately $89,500 with R. F. Dickson Company, Inc. The following is the cost breakdown from the various vendors: Bi -Weekly R. F. Dickson California Street Nationwide Athens Sweeping Company, Inc. Maintenance, Environmental Services Budget Inc. Rate $11.47 $15.00 $19.82 $11.95 Yearl Total $ 89,499.72 $117,000.00 $154,596.00 $ 93,210.00 2 Event Street Sweeping The need for additional sweeping may be because of storm,' fire, flood, parade, public gathering, riot or other natural or unanticipated occurrence affecting the cleanliness of the streets and highways. The additional sweeping may be in lieu of or in addition to the regularly scheduled sweeping. Additional sweeping will normally be confined to sweeping the curb lane. If, however, additional sweeping requires the total 'width of the'street(s) to be swept, then compensation will be at the contract unit price per curb -mile. All sweeping will be done with sufficient passes to achieve: the results set forth in the Standard of Performance. Minimum payment will be for sixteen (16) curb -miles. It is anticipated that the City's current budget will cover the above expenses should the needs arise. Examination of Work Area Per the RFP, , prior to submitting a proposal, the proposers must have toured the City to familiarize themselves with the work contemplated in the contract, and be responsible for any condition which adequate field inspection would have revealed. Additionally, 'the RFP stated- that tated-that submission of a proposal deemed conclusive evidence that such a tour had been made by each proposer and constituted a waiver by each of all claims of error in the proposal, withdrawal of the proposal, or combination thereof, under the executed agreement, or; any revision thereof. Therefore, the proposers are familiar with streets to make a smooth transition to schedule street sweeping after.trash pickup and tree watering. 3 -- - Qualifications of Proposers 1. References The references provided by the vendors were checked for their responsiveness to customer complaints, their quality of service and detailed cleaning along the gutter and cross gutter, work history, and ,the contractor's' system of communication between city and vendor. Athens Services provides only one other sweeping contract. All references gave equivalent performance ratings for the vendor servicing their city. 2. Company's Staff/Technical Knowledge/Experience All proposals indicate that the companies have quality personnel and staff. Customer Service is a priority with all the companies. It is noted in the responses that the companies have been doing street sweeping services for many years with R. F. Dickson Company, Inc. as the oldest company at over 50 years. The RFP requires the vendors' office hours to be from 6:30 a.m. to 6:30 p.m. Monday through Friday and to have a local or toll free phone number. The operational hours are 6:30 a.m. to 3:00 p.m. in single -family residential areas. 3., Equipment Per the RFP, the proposers were required to attach a detailed inventory of equipment available for use on this contract including all accessories by type, by model, year of manufacture, and anticipated remaining useful life as of the date of the inventory. The inventory shall specifically include whether or not sweepers are equipped with recording hour meters. Three of the vendors have a new vehicle slated for Diamond Bar and have a large fleet of newer machines available. All vendors do their own service and maintenance. All have replacement equipment immediately available either in_a neighboring city or at the yard should the vehicle breakdown. R. F. Dickson Company, Inc. has a staging yard near Reservoir Street in Pomona and the SR-60. The RFP requires that the vehicle to be used for Diamond Bar must be PM-10 (Dust Control) compliant per the South Coast Air Quality Management District Rule 1186 and will have to comply with Alternative Fuel Vehicle Rule 1186.1 when the contract is considered for renewal after the first five years. Transition from Current Vendor All companies have been in the street sweeping business for many years. The RFP required that all companies drive the streets of Diamond Bar as a part of their proposal and have stated their willingness to work with the City staff in preparing a,schedule that will coincide with revised schedules for waste collection and tree watering activities. - 4 F g a a Q) -a �_ 3 cd •a � °' 0.o a..`-' ,� ,� o v__ 0 �� Cd ur X v v o oA °' n° °A o Er a� 3 aGi w G oau Q •o 4.) o Y ��°•'V -, o Q 6 G ,i Q v cn n RS Ld �W/ ✓ � F+i a �yQj F-� � iy Iti Qi .� m N 'd to ate+ G N ?4 CW G = 41 •v a. O c G b ani ".�". O N 7 "n A. T� O C y •y O y bA cC on ""' G :G v y+0+ '—' co .t• R y 0 ' :; rig > �•" N bj�G3�It bo +� cl ° x ODo W w w EU c S a s a ow uw w> Z> �s o • 5 c o O a. 'C " .k cid PC p O R •� j e7 'O eod CO 3 Ul > y� "y O ° .a Z a cl N � C CD µJ G y Rt `� p>vp • ��, p t v� ami O �" U P4 00 s. 6°� o oU �w�� ¢CL 04 w co a Or O •a+ 'C3 cd N bo � cd 3 ,54 a G G U y � � � a cz Q Q" °i N �0 > >, `U 3 .� 3�•. G ° °o c o. y .o ob d n' 4" y` C) • � ° o b •� o o ° " o , asees� vU ¢ a a clvaaaaUvI nz a� o fY crn 3 ou o � G ov^bo m 0 o F as cow °"' 3 a w G O v es p py G o p, v a� w O,'cs •� � n. � c F w W p �; cd ,� � g a a STREET SWEEPING SERVICES AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Bar, a i municipal corporation ("City") and , ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide street Sweeping Services to City as set forth in Exhibit "A" - City's Request for Proposal dated , including all it's appendices. B. Contractor represents that it is fully qualified, to perform such street Sweeping Services by virtue of its experience, licensing 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. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" — City's Request for Proposals and Exhibit `B" — Contractor's Proposal. B. Level of Services/Time of Performance. The level of -and time of the specific services to be performed by Contractor are as set forth in Exhibit "B." C. Additional or Other Services. Any propose changes in the work to be performed under this Agreement shall be made only by written amendment to this Agreement. Contractor is not authorized to undertake any work which would result in costs, expenses, or fees in excess of the costs contained in Exhibit "A" without the express written approval of the City Manager. Should the City require the Contractor to provide additional services beyond the Scope of Work described in Exhibit "A', for services not specifically described therein, the rates and quantities shall be negotiated between the City and Contractor. 2 Term of Agreement. This Contract shall take effect October 1, 2000, and shall continue until September 30, 2005, with the option, at the City's sole discretion, to award an additional five (5) years upon successful demonstration of exemplary contract performance, unless earlier terminated pursuant to the provisions herein. However, this contract will be subject to annual reviews prior to commencement of work for the following year. This review will evaluate work performed and level of service provided. Renewal is at the City's discretion. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedules set forth in'Exhibit "A" and Exhibit "B". Payment will be made only after submission of proper monthly invoices in the form specified by City. 4.- General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. 1 A. Time is of the Essence — Contractor agrees to perform the services and deliver the work products provided for herein in strict accordance with any schedules set forth by the City. B. License: Standard of Care"- Contractor represents and agrees that all personnel engaged by the Contractor in performing the services are and shall be fully qualified and are authorized or permitted under Federal, State, and local law to perform such services. Contractor represents and warrants to the City that it has all licenses, permits, qualifications, and approvals required to provide the services and work required to be performed by this Agreement. 1. Contractor further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. Contractor shall perform the' services', under this Agreement in a skillful and competent manner and in the manner and according to the standards observed by a competent practitioner of the work in which Contractor is engaged. 2. Services provided to The City pursuant to this Agreement shall be provided in a first class and workmanlike manner conforming to the standards of quality normally provided in the field. The contractor shall be responsible to the City for any errors or omissions in the performance of work pursuant to this Agreement.' Should any errors caused by the Contractor be found in such services or products, Contractor shall correct the errors at no additional charge to the City by redoing the work and/or revising the work product(s) called for in the Scope of Work to eliminate the errors. C. Subcontracting Subject to Approval — Contractor may not subcontract any portion of the work to other persons or contractors unless expressed written approval from the City is received. D. Administration — This Agreement . will be administered by the City Manager or his designee. The City Manager or his designee shall be considered the Project Administrator` and shall have the authority to act for the City under this Agreement. The City Manager or his designee shall represent the. City in all matters pertaining to the services to be rendered pursuant to this Agreement. E. Progress — Contractor is responsible to keep the City Manager and/or his duly authorized . designee -informed on a regular basis regarding the status and progress of the work, activities performed, and planned, and any meetings .that; have been scheduled or are desired. F. The City's Rights to Employ Other Contractors - The City reserves the right to employ other contractors in connection with the subject matter of the- Scope of Work. It is understood by the City that the rights reserved by this paragraph pertain to, the City aggregating various street maintenance and repair work, such as street paving, into one project and separately bidding and awarding a contract for that project. G. Contractor's Records - Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall .maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable. Contractor shall allow a representative of the City 2 . „.,- during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement. 5. Addresses. City: Terrence Belanger, City Manager Contractor: City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor 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 Contractor or any of Contractor's employees, except as set forth in this Agreement:Contractor 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. Except as specified in writing by the City, Contractor shall have no authority, expressed or implied, to incur any 'obligation or liability against the City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in, any way fails to sustain the validity of a I, wholly independent contactor relationship su between .City and Contractor, then Contractor agrees to reburse City for all costs, including accounting and attorney's fees, arising out of such audit andany appeals relating thereto. C. Contractor shall fully comply with the workers' compensation law rel arding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City Ness from any failure of Contractor to comply with applicable worker's compensate laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement anamouni due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6- 7. Standard of Performance. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his designee. S. Indemnification. Contractor is skilled in the professional calling necessary toerform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Contractor to perform those services and duties. To the fullest extent permitted by law, Contractor 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 3 with, resulting from, or related to any act, failure to act, error, or omission of Contractor 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. Contractor 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. 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 out of or incident to activities or operations performed by or on behalf of the Contractor 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 Contractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contractor 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 $2,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum, limit of $1,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $1,000,000.00; and (4) worker's compensation insurance with a minimum limit of $1,000,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess 'insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Contractor 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 4 the premium; thereon, and the repayment thereof shall be deemed an obligation of Contractor and the cost of such insurance may be deducted, at the option of City, from payments due Contractor. C. Contractor 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". D. Contractor shall furnish a Contract Performance Bond in the amount one hundred (100%) of the aggregate amount of the Contract. 10. Confidentiality. Contractor in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Contractor covenants that all data, documents, discussion, or other information developed or received by Contractor or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Contractor 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. Contractor's covenant under this section shall' survive the termination of this Agreement. 11. p Materials. All materials provided by Contractor in the performance of this Agreement ht all be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Contractor 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 Contractor under this Agreement, or which would conflict in any manner with the 'performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services' pursuant to this Agreement. Further, the Contractor or its employees may be subject to the provisions of the California Political Reform Act of 74 (the "Act"), which (1) requires such persons to disclose financial interest that may forseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making,' decisions' that will forseeably financially affected such interest. If subject to the Act, the Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. B. Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon thirty (30) days written notice to Contractor. The effective date of termination 'shall be upon the date specified in the notice ofttermination, 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 Contractor for services satisfactorily completed and approved prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. 5 Contractor may terminate this Agreement, or any program or service provided hereunder, at least ninety (90) days in advance of such termination. If this Agreement is terminated by the Contractor, the Contractor shall be compensated for services satisfactorily completed and approved prior to the effective date of termination. A. Breach of Agreement — If the Contractor defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shallhave the •right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitledbylaw, in equity, or under this Agreement. The failure of the City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either that term or condition or any other term or condition of this Agreement. B. Mediation - Any dispute or controversy arising under this Agreement, or in' connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation; services shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Council's decision shall be final. The parties agree to utilize their good faith efforts to resolve any, such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 14. Personnel. - Contractor 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 Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services.' Contractor' reserves the right to determine the assignment of its own employees to the performance of Contractor's services'under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Contractor 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, Contractor shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Contractor 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 Contractor after review and shall not be' retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Contractor 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 6 advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreementexcept contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so' assign this Agreement or, any rights, duties, or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. This Contract shall take effect October 1, 2000, and shall continue until September 30, 2005, with the possibility of merit renewals, unless earlier terminated pursuant to the provisions herein. However, this contract will be subject to annual reviews prior to commencement of work for the following year. This review will evaluate work performed and level of service provided. The work product required bythis 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 Contractor prior to preparing the written report. If any noncompliance in the alternative, lth the may terminate Agreeis ment found, City may direct Contractor to correct the inadequacies, or, greement as provided herein. 19. :Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Contractor shall keep itselfinformed of all State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Contractor shall, at all times, observe and comply with all such laws and regulations. The City,' and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph. A. To the extend that any or all of the services described in Exhibit "A" are or may be funded by other governmental entities, Contractor shall comply with all applicable rules and regulations to which the City is bound with the agencies providing the funding. ` B. Prevailing Wages: 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. 7 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 mechanicis 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. 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 Contractor 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 Contractor, 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 contractors. 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, certified, 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. Los Angeles County shall be the venue for any legal proceedings, including mediation, arbitration, or court actions that are initiated regarding this Agreement. 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 Contractor 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.. 27. Severability. If any provision in this Agreement is held by a court .of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. 8 CITY OF DIAMOND BAR Request for Proposals (RFP) and Specifications For STREET SWEEPING SERVICES Proposals will be received by the City of Diamond Bar, hereinafter called the "City," at the office of the Department of Community and Development Services, 21660 E. Copley Drive, Suite 190, Diamond Bar, California 91765, until 10:00 a.m., August 22, 2000. B. Proposal Form To preserve uniformity and to facilitate' the award of a contract, all proposals must be summarized on the "Proposal Form, Street Sweeping Services"provided (Appendix "A'). However, supplementary sheets should be added as necessary to supplement and clarify responses to this Request for Proposal. Failure to use City form shall be grounds for non -consideration of the proposal. In addition, . all proposals must comply with the following: 1. All submittals must meet the requirements set forthin the Request for Proposal. 2. All figures; and notations must be typed or written in ink. Penciled proposals are not acceptable. 3. All proposals must be submitted in a sealed envelope, addressed to the City at the above -referenced address. Each' sealed envelope containing a Proposal must be plainly marked on the outside as "Street Sweeping Services" with Contractor's name, address, and his/her license number, if applicable.. If forwarded by mail, the sealed envelope containing the Proposal must be enclosed in another envelope addressed to- the City of Diamond Bar, c/o Department of Community and Development Services, 21,660 E. Copley Drive, Suite 190, Diamond Bar, California, 91765. 4. A statement that this RFP shall be incorporated in its entirety as a part of the Contractor's quote. 5. A statement that this RFP with all of it's Appendix and the Contractor's proposal will jointly become the Scope of Work (Exhibit "A" and Exhibit -`B" of the contract agreement) for this project. 6. A written statement of your firm's willingness to accept the terms of the agreement. 7 A statement that the services to be provided, and fees therein, will be in accordance with the City's RFP. 8: A single and separate section with the heading "Exceptions to the City's Request for Proposals containing a complete and ;detailed description of all of the exceptions to the provisions and conditions of this RFP upon which the Contractor's proposal is contingent and which shall take precedent over this RFP. 9. A Statement of Qualifications as explained in Section, I -G. (Qualification of Proposers). 10. A written statement by the Contractor that all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to. 11. A written statement by the Contractor shall allow all authorized federal' ,state, county,; and the City of Diamond Bar officials access to place of work, books, documents,` papers, fiscal, payroll materials, and other relevant contract records pertinent to this project. All relevant records shall be retained for at least five (5) years. 12. A written statement that the Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. 2 3. Reports of references, and the willingness to agree to all terms of the Professional The need for additional sweeping may be because of storm, fire, flood, parade, public gathering, riot or other natural or unanticipated occurrence affecting the cleanliness of the streets and highways. The additional sweeping may be in lieu of or in addition to the regularly scheduled' sweeping as ordered by the City Manager or his designee. Additional sweeping will normally be confined to sweeping the curb lane. If, however, additional sweeping requires the total width of the street(s) to be swept, then compensation will be at the contract unit price per curb -mile. All sweeping shall be done with sufficient passes to achieve the results set forth ' in the Standard of Performance. Minimum payment will be for sixteen (16) curb -miles. Notwithstanding the above, the City has the option on additional sweeps to compensate the Contractor on an' hourly basis where it is difficult to determine curb -miles swept in a' non:routine manner. In these cases, the hourly rate paid by the City to the,Contractor shall be equal' to four times the contract unit price per cur -mile. Minimum payment will be four (4) hours. CITY' OF DIAMOND BAR MEMORANDUM .TO: Honorable Mayor;& Members of the City Council VIA: Terrence Belanger, City Manager(,V() (' FROM: David Doyle, Deputy City Manager DATE: September 5 2000 SUBJECT, Award of Contract to Total Plan and Spaces for Space Planning and Office Design Services Related to Relocating City Hall to the AQMD Facility and Appropriate the Necessary Funds ($45,000) from General Fund Reserves RECOMMENDATION: It is recommended that the City Council award the attached contracts to Total Plan and Spaces for space planning and office design services related to the relocation of City, Hall to the AQMD facility and appropriate the necessary funds from General Fund reserves ($45,000). BUDGET/FINANCIAL IMPLICATION: Sufficient funds are available in the General Fund reserves to accommodate this request. Significant additional expenses related to the relocation of City Hall will be incurred in the future including construction of the required tenant improvements (approximately $150,000 $200,000). The City will also incur additional costs for moving the existing; equipment to the new facility (approximately $5,000), installation of fiber backbone and network cabling (approximately $10,000), utility relocation costs (unknown), as well as additional furniture, fixtures and equipment, if any. It should be noted that these cost estimates are preliminary. Tfie space-planning firm, Spaces, will provide detailed construction cost estimates within the scope of their services. BACKGROUND: Earlier this year the City Council expressed interest in relocating the City Hall offices from the current location to the AQMD campus. The current.condition of the proposed cc report Appropriate fundsfor AQMD relocation Page 2 office space at the AQMD facility lacks the necessary tenant improvements to accommodate the needs' of the organization. The space will need to be designed to include the existing modular office equipment at both City offices, the existing modular office equipment at the AQMD facility, a public counter area, a lobby/reception area, conference rooms, and additional closed offices. DISCUSSION: The City received proposals for space planning and design services from three qualified firms (Total Plan, Spaces & IA). After reviewing the proposals, City staff recommends the contract for the required services be split between Total Plan and Spaces. Total Plan will provide the following services for a not -to -exceed fee of $26, 400: • Modular Office Space Plan Breakdown/Reinstall Furniture - Diamond Bar • Breakdown/Reinstall Furniture -AQMD (Existing office equipment is available in the leased office space and its use is included in the lease price Spaces will provide the following services for a not to exceed fee of $15,000 plus reimbursable expenses estimated at less than $2,000: • Overall Space Plan • Closed Office Design & Detail Construction Cost Estimates • Construction Drawings - Construction of the tenant improvements will require construction drawings to facilitate the competitive bidding process. Total Plan has expertise utilizing Haworth modular office equipment, which is the existing equipment at City Hall and the AQMD facility. Therefore, it is recommended that Total Plan be utilized to address the modular office equipment. Spaces specializes in general office design and development of architectural drawings and construction drawings, services that Total Plan can not offer. Therefore, it is recommended that Spaces be awarded'the contract to perform these services. City staff will ensure coordination and communication between the two parties to facilitate a cohesive space plan. ATTACHMENTS I. Contract between the City of Diamond Bar and Total Plan' 2. Contract between the City of Diamond Bar and Spaces CONSULTING SERVICES AGREEMENT THIS AGREEMENT, including Exhibits A & B hereto, is made as of September 5, 2000 between the City of Diamond Bar, a municipal corporation ("City") and Total Plan, ("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'sRequest for Proposals dated August 11, 2000 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 August 23, 2000 to the City's Request for Proposals for the Space Planning and Design Services for the relocation of City Hall' facilities to the AQMD campus. B. Level of Services/Time of Performance. The level 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 September 5, 2000, and shall continue until December 31, 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, $26, 400. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: Total Plan City of Diamond Bar Attn: Steve Russell, Vice President 21660 East Copley Drive, Suite 100 5645 Mission Blvd. Diamond Bar, California 91765-4177 Riverside, CA 92509 City of Diamond Bar. Consulting Services Agreement Office Space Plan —AQMD Relocation y. n S' 6. Status as Independent Consultant. A. Consultant is, and shallat 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 byreasonof 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 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 complywith 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 All indemnities @) 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 City of Diamond Bar Consulting Services Agreement Office Space Plan — AQMD Relocation 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 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 takeout the necessary insurance and pay 3 City of Diamond Bar Consulting Services Agreement Office Space Plan - AQMD Relocation —the premium _'`--thereon, aand the repayment''obligation cost h[such insurance may be deducted, atthe 'Option ofCity, from dUeConouhan� '' ` C. Consultant shal I submit to City (1) insurance certificates indicating compliance with the minimum `r's compensation insurance. .and (2) insurancepolicy City'sendorsements 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 ndard forms entitled "Additional Insured Endorsement". '' ' ' ' 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of L.UY/ private individuals, or employees of the City. Consultant covenants that all data, documents,~.discussion,_or other information^^developed__._or received_by Consultant.'_^or provided — �db of this without 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 covenant under this section shall survivethetermination orthis 11. Ownership of Materials. All materials provided by Consultant in the performance of this .�Agreementproperty. '` y without restriction or limitation p on its use ovdesmnnnadonbv City.` ' `12. Conflict of Interest.` ' /A, Consultant covenants that it presently has no interest and shall not acquire any interest, director nooecr vvO/cp be under this Agreement,~^` hereunder. Consultant further . such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest / ichvvouldconHk±inany manner with the performance of its pursuant {othis ement - 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 � Vfthis A�r�em�n� ` ` 13Termination. City terminate The ' � �days'- . ' specified' or, in the event no `date is specified,upon the . followiConsultant forng ' - ` ` y' ' ^satisfactorily rendered prior to the effective date of termination. Immediately reoeiving ' written notice nftermination, Consultant shall discontinue performing services. _ ^ Personnel.14. U �d| ` All �� the services required under personneli required wiUbe' performed by Consultant 'under this or under supervision, all personnel in ' ^ 4' . ' City ofDiamond Bar `� ' `` Agreement Office Space Plan -,4QMDRelocation 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 maybe 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. 5 City of Diamond Bar Consulting Services Agreement Office Space Plan AQMD Relocation If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies.Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and. enforced in accordance with the laws of the State of California. 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. _.6 City of Diamond Bar Consulting Services Agreement Office Space Plan— AQMD Relocation FriRAMOND B.1R OVERVIEW The City of Diamond Bar is relocating its City Hall office space from 21,660 E. Copley Drive, Suites 100 & 190 to approximately 12,000 sq. feet of leased office space on the ground floor of the south building within the AQMD campus, located at 21865 E. Copley Drive. The City is seeking proposals from qualified space planning and design firms to provide an office plan that is functional and provides optimal operational efficiency for the respective departments to assist customers and serve the residents of the community. In addition, the City requires management services associated with the relocation includingcoordination of the move as well as the tear down and reinstallation of the modular office equipment. SCOPE OF SERVICES It is anticipated that, at a minimum, the following services are required: • Inventory existing office equipment on site at City Hall and at the AQMD facility • Meet with representatives of select City departments to understand their space needs relative to filing space and/or front counter customer interaction. • . Develop office space plan including the following elements:' 1. Front Counter - Customer Service Area 2. Receptionist/lobby area 3. Pre -construction drawings for the construction of 13-15 closed offices (depending upon available space), two (2) conference rooms, one (1) employee break room, and one (1) computer network/phone switch room. Construction specs included in appendix A of this RFP. • Provide Haworth modular office space plan • Tear down existing modular units and reinstall the modular office equipment in accordance with the approved space plan. Although there may be the purchase of additional office equipment, it is not anticipated that a substantial amount of new equipment will be purchased. EXISTING DOCUMENTS The following documents are available for use by: the successful consultant: Original Plans (Drawings) As -Built Drawings on Auto=Cad Office space on Auto -Cad Construction Standards — Attached to this proposal EXPERIENCE Consultants and/or members of the consultant team must have extensive experience designing office space using Haworth modular office equipment. Each proposal must include a statement relative to your experience designing office space using Haworth equipment. PROPOSALS Proposals must include the following information: 1. Firm Name Address Contact Person Contact's Phone Number 2. Project Manager — Identify the key contact person that will be responsible for the completion of the project and who will be the contact person for the City: 3. Project Team — Identify the other members of the Project Team and their associated responsibilities or duties including identification of any and all subcontractors. 4. Summary of Work — Your understanding of the services requested and work products that will be delivered to the City. 5. Scope of Work including a comprehensive work plan with associated timeline and the number of hours for each task. 6. Experience and references related to projects of a similar size and scope. Reference shall include the name of the project, location, name of key contact person and phone number for contact person. 7. Cost - The cost for services shall be submitted in a separate sealed envelope. The cost breakdown shall include the associated tasks, the estimated number of hours to complete the tasks and a total not -to -exceed cost to complete the services. Fees must be guaranteed for ninety days. Proposed, hourly billing for each project team member that would be assigned and any expected additional expenditures. 8. If possible, the City would like the successful bidder to provide cost estimates for the required tenant. improvements. The inability to provide construction cost estimates shall not disqualify interested parties. Please clearly identify whether or not your firm can provide construction cost estimates for the tenant improvements in your proposal and in the cost estimate. The City reserves the right to request additional information as and when needed and in a format to be decided by the City. The information may be requested from an architect individually Proposals may include ancillary services relative to the relocation such as packing and moving, construction management of the proposed tenant improvements, etc. However, the services should be clearly identified as additional services available and shall be submitted in a separate envelope with the cost of each additional service identified. MANDATORY VENDOR MEETING All parties interested in submitting a proposal must attend a mandatory vendor meeting at the City Hall Office Suite 100 on Friday, August 18, 2000 at 11:00 am. The purpose of the vendor meeting is to walk through the existing City Hall offices, walk through the AQMD office space area, and answer questions from vendors relative to the proposed project: SUBMITTALPROCESS All sealed submissions are to be submitted to Mr. Dave Doyle, Deputy City Manager, on or before 5:00 p.m., August 23, 2000. In order to ensure confidentiality to all parties, submissions will not be opened until after 5:00 p.m., August 23,'2000. All submissions must be hand delivered or sent by Certified Mail - Return Receipt Requested, Proposal Submission Copies: One Original Proposal Three Copies of Original Submissions must be signed by a principal of the firm, Consortiums, joint ventures or teams submitting proposals will not be considered unless it is established that contractual responsibility rests solely with one: firm or legal entity. Each submission should indicate the entity and the individual responsible for the project negotiation and execution on behalf of the proposal team: A coinsultant, by submitting a'signed response to this Request for Proposals, waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFP, the `'City's <selection of a consultant, the City's rejection of any or all submissions, and any subsequent agreement that may be entered into as a result of this RFP. The City of Diamond Bar reserves the right to modify the scope of this RFP, to reject all submissions onto request and obtain from one or more of the vendor's submitting proposals, supplementary information as may be necessary for City and selection criteria as requested herein: The City reserves the right to request additional information as and when needed, and in a format to be determined by the City. < The information may be requested from a vendor individually or from all the vendors simultaneously. Vendors will be given adequate time to respond, and all vendors will be asked for and evaluated on the same submission criteria, information and materials. Failure to submit all of the required documentation and/or information set forth in this RFP may result in disqualification: The City is not liable for any cost or expenses incurred in the preparation of the proposal. SELECTION PROCESS The City of Diamond Bar is requesting proposals for a professional service. Therefore, the selection process will not be solely based on the cost of the service. The proposals will be evaluated on a number of criteria including but not limited to knowledge and understand of the scope of work, prior experience on similar projects; completeness of services offered, completeness of proposal material, and cost. PROPOSALS DUE Proposals must be submitted in a sealed envelope on or before 5:00 p.m. on August 23, 2000 to the following address: City of Diamond Bar City Manager's Office Attention Dave Doyle, Deputy City Manager 21.660 E. Copley Drive' Suite 100 Diamond Bar, CA 91765 ATTACHMENTS Construction Standards Consulting Services Agreement CONSTRUCTION STANDARDS • ' WALLS Studs to be 4"; 20 gauge steel Gypboard to be 5/8" type X both sides Seismic Bracing: All; walls to be seismically braced Walls to be insulated for sound attenuation. • TOPSET: Roppe 92, color is Teal, 4'° + DOORS: 3'0" x 7.0" x 1 3/ Solid Core Wood Door 20 minute Rating Laminated on all surfaces with Nevamar S -3-37T Bluewing Teal • ELECTRICAL Duplex Receptacle box every 12', 17" from Floor to center of box and 1/z inch conduit stubbed12" into ceiling. • LIGHTING: 2 -Gang switch box mounted 41" from floor to center of box and 1/z inch conduit stubbed 12" into ceiling. • TELEPHONE/DATA Receptacle box every 12' and 17" from floor to center of box and %i" conduitstubbed into ceiling. • CEILINGS Acoustical ceiling tiles manufactured by Capaul Corp. 2'0" x-4' 0" x 3/ mineral fiber lay -in. Tile finish - Elite Microperforated. Color White Exposed suspended, system manufactured by USG Interiors. Type Donn DX molding — M7 Color Flat White. AUG -30-06 -1645 FRO-SPACESAARKITECTS +18467241877 T-385 P-Wll F-471 ulterior Planning . Design This agreement is made as of the 23rd day of August, 2000 and revised on the 30`" day of August, 2000 between The City of Diamond Bar, (CUENT), and SPACES, and shall serve as a contract for Interior Design services for your relocated offices located at 21865 E., Copley Drive, Diamond Bar, Califomia. PHASE 1 PROGRAMMING SERVICES SPACES SERVICES 1.1 SPACES Design Team will meet with the designated representatives of Tenant to: 1.1.1 Tour the existing offices in Diamond Bar 1.1.2 Discuss city standards for offices and support staff requirements 11.3 Meet with representatives of select City departments to understand their space needs relative to filing spm and/or front counter customer interaction 1.1.4 Evaluate space criteria, fumiture and furnishings, equipment, operating procedures, departmental adjacencies and security criteria. 1.2 SPACES will produce a program that will: 1.2.1 Designate office sizes and possible furniture configurations for specified positions such as officers, managers, associates, etc. 1.2.2 Determine sizes for support spaces such as storage, conference rooms, etc. 12-3 Indicate the square footage requirements for the initial, build out and growth space projected. PAGE 1 PHASE 1 19732 MwAmiur 80uewa s Suit 15o • aw(B. Caisiorn a 92612 . T (949) 724-1499 s F(04 ) 724-1871 . Aurr30-00 16:26 FROM-SPACES/PARKITECTS +IP487241077 t-385 P.04/11 F-471 PHASE 3 PRICING DOCUMENTS 3.1 Upon approval of Phase 2, SPACES will prepare the following schematic design concepts and documentation: 3.11 SPACES will develop preliminary specifications for interior design pricing documents and special area improvements. 3.1.2 SPACES will prepare a preliminary set of pricing plans with written specifications that clearly notes improvements required for the project. 3.1.3 The preliminary pricing plans will summarize the preliminary design requirements including ceiling, lights, electrical, HVAC, computer room and all special area requirements. 3.1.4 The preliminary pricing plans wilt be given to three (3) prospective general contractor bidders, to be chosen by Client with the assistance of SPACES. PHASE 4 INTERIOR DESIGN DEVELOPMENT 4.1 SPACES will proceed with`the Design Development Phase upon Client approval of ' the Space Plan and Preliminary Cost Estimate. Interior. Design Development will consist of the following: Sketchesfelevations of selected rooms and special areas, illustrating feature designs and specialtreatments. 4.1.2 Detailed Space Plan indicating all furniture, millwork, equipment and evaluate electrical requirements. . 4.1.3 Presentation to the designated parries of all design elements, finishes, proposed details and concepts_ PAGE 3 PHASE 3 & 4 AUG -30-00 16:26 FROWSPACESAARXITECTS +19491241977 T-395 P.05/1-1 f-471 PHASES CONSTRUCTION DOCUMENTS 5.1 Upon approval by Client of the Final ;Space Plan and Design Development, Construction Documents will be prepared to inform the Contractor as to the items to be constructed and . for the appropriate governmental agencies approvals. Construction Documents will include the following. 5.1.1 Partition plan indicating all partitions, doors, and detail references 5.1.2 Reflected ceiling pian snowing standards and special fighting 5.1.3 Electrical and telephone plan showing location of all outlets and fumiture critical to,ouflet locations 5.1.4 Finish schedule indicating all new floor covering, base selection and all wall finishes. 5.1.5 Door Schedule indicating all new doors and hardware. 5.1.6 demolition pian indicating removal of all existing carpet and base, and any electrical, telephone and CRT to be capped off and removed, if required. 5.1.7 Details and Elevations, Indicate all construction elements for the contractor to complete the construction. This includes one (1) six (6) foot section of break room millwork and one (1) reception desk. Additional millwork and non -building standard construction details shall be billable at our hourly rate. See attached rate schedule. Inform the appropriate governmental agencies as to the type of construction being proposed. PAGE 4 PHASE 5 ,AUG -30-00 16:28 FRWSPACESJPARKITECTS +19487241977 T-385 P.O7/11 f-471 PHASE 7 (OPTIONAL) CONSTRUCTION ADMINISTRATION 7.1 SPACES will provide field observation of the construction, and will be available to answer field questions concerning the construction drawings as required, and will promptly notify Client of any problems noted. 7.2 SPACES will review shop drawings, product data and material samples for general conformance with the design concept. 7.3 SPACES will be available for consultation on field changes proposed by Client to provide coordination of minor changes with the overall design. Any rework of drawings required by Client initiated field changes will .be charged on an hourly rate (Schedule enclosed) for time involved. 7.4 SPACES, if, requested, will attend regular construction meetings. 7.5 SPACES will be responsible for taking meeting minutes and distributing to all involved parties 7.6 Upon .completion of the office, SPACES will complete a Punch List to assure the construction is complete as documented, Client and Contractor will be informed in writing of all work to be completed; PAGE 6 PHASE 7 CONSULTING SERVICESAGREEMENT THIS AGREEMENT, including Exhibits A & B hereto, is made as of September 5, 2000 between the City of Diamond Bar, a municipal corporation ("City") and Spaces, ("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 August 11, 2000 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 August 23, 2000 to the City's Request for Proposals for the Space Planning and Design Services for the relocation of City Hall facilities to the AQMD campus. B. Level of Services/Time of Performance. The level 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' September 5, 2000, and shall continue until December 31, 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 $17,000. 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. Cit Cit Manager Consultant: City: y g Spaces City of Diamond Bar Attn: Liz Hattox, Vice President 21660 East Copley Drive, Suite 100 19732 MacArthur Blvd. Suite 150 Diamond Bar, California 91765-4177 Irvine, CA 9261.2 City of Diamond Bar Consulting Services Agreement Office Space Plan = AQMD'Relocation 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 Cityis 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 All indemnities @) 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 orthe 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 I City of Diamond Bar' Consulting Services Agreement Office Space Plan — AQMD Relocation A 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 payIndemnitees 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 lndemn`itees, 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 policy0es) as to comprehensive general liability, property damage, and automobile liability, shall provide that they are primary, and that any frnsurance 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 ata reasonable cost, City may take out the necessary insurance and pay 3 City of Diamond Bar Consulting Services Agreement Office Space Plan —AQMD Relocation rr--_- ----------- _. 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 requirementsabove, 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 bereturned 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 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 theperformance 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 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 assignor 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 ofthisAgreement. 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. 5 City of Diamond Bar Consulting Services Agreement Office Space Plan - AQMD Relocation If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 20. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any 'other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of`expert witnesses and consultants. 22. ` Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth-in'the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contractshall 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. 6 City of Diamond Bar Consulting Services Agreement Office Space Plan— AQMD Relocation OVERVIEW The City of Diamond Bar is relocating its City Hall office space from 21660 E. Copley Drive, Suites 100 & 190 to approximately 12,000 sq. feet of leased office space on the ground floor of the south building within the AQMD campus, located at 21865 E. Copley Drive. The City is seeking proposals from qualified space planning and design firms to provide an office plan that is functional and provides optimal operational efficiency for the respective departments to assist customers and serve the residents of the community. In addition, the City requires management services associated with the relocation including coordination of the move as well as the tear down and reinstallation of the modular office equipment: SCOPE OF SERVICES It is anticipated that, at a minimum, the following services are required: • Inventory existing office equipment on site at City Hall and at the AQMD facility • Meet with representatives of select City' departments to understand their space needs relative to filing space and/or front counter customer interaction. • Develop office space plan including the following elements: 1. Front Counter Customer Service Area 2. Receptionist/lobby area 3. Pre -construction drawings for the construction of 13-15 closed offices (depending upon available space), two (2) conference rooms, one (1) employee break room, and one (1) computer network/phone switch room. Construction specs included in appendix A of this RFP. • Provide Haworth modular office space plan • Tear down existing modular units and reinstall the modular office equipment in accordance with the approved space plan. Although there may be the purchase of additional office equipment, itis not anticipated that a substantial amount of new equipment; will be purchased. EXISTING DOCUMENTS The following documents are available for use by the successful consultant: Original Plans (Drawings) As -Built Drawings on Auto -Cad Office space on Auto -Cad Construction Standards — Attached to this proposal EXPERIENCE Consultants and/or members of the consultant team must have extensive experience designing office space using Haworth modular office equipment. Each proposal must include a statement relative to your experience designing office space using Haworth equipment. PROPOSALS Proposals must include the following information: 1. Firm Name Address Contact Person Contact's Phone Number 2. Project Manager Identify the key contact person that will be responsible for the completion of the project and who will be the contact person for the City. 3. Project Team — Identify the other members of the Project Team and their associated responsibilities or duties including identification of any and all subcontractors. 4. Summary of Work - Your understanding of the services requested and work products that will be delivered to the City. 5. Scope of Work including a comprehensive work plan with associated timeline and the number of hours for each task. 6. Experience and references related to projects of a similar size and scope. Reference shall include the name of the project, location, name of key contact person and phone number for contact person. 7. Cost - The cost for services shall be submitted in a separate sealed envelope. The cost breakdown shall include the associated tasks, the estimated number of hours to complete the tasks and a total not -to -exceed cost to complete the services. Fees must be guaranteed for ninety days. Proposedhourly billing for each project team member that would be assigned and any expected additional expenditures. 8. If possible, the City would like the successful bidder to provide cost estimates for the required tenant improvements. The inability to provide construction cost estimates shall not disqualify interested parties. Please clearly identify whether or not your firm can provide construction cost estimates for the tenant improvements in your proposal and in the cost estimate. The City reserves the right to request additional information as and when needed and in a. format to be decided by the City.. The information may be requested from an architect individually Proposals may include ancillary services relative to the relocation such as packing and moving, construction management of the proposed tenant improvements, etc. However, the services should be clearly identified as additional services available and shall be submitted in a separate envelope with the cost of each additional service identified.: MANDATORY VENDOR MEETING All parties interested in submitting a proposal must attend a mandatory vendor meeting at the City Hall Office Suite 100 on Friday, August 18, 2000 at 11:00 am. The purpose of the vendor meeting is to walk through the existing City Hall offices, walk through the AQMD office space area, and answer questions from vendors relative to the proposed project. SUBMITTAL PROCESS All sealed submissions are to be submitted to Mr. Dave Doyle, Deputy City Manager, on or before 5:00 pm., August 23, 2000. In order to ensure confidentiality to all parties, submissions will not be opened until after 5:00 p.m., August 23, 2000' All submissions must be hand delivered or sent by Certified Mail -'Return Receipt Requested. Proposal Submission Copies: One Original Proposal Three Copies of Original Submissions must be signed by a principal of the firm. Consortiums, joint ventures or teams submitting proposals will not be considered unless it is established that contractual responsibility rests solely with one firm or legal entity. Each submission should indicate the entity and the individual responsible for the project negotiation and execution on behalf of the proposal team. A coinsultant, by submitting a signed response to this Request for Proposals, waives all rights to protest or seek any legal remedies whatsoever regarding any aspect of this RFP, the. City's selection of a consultant, the City's rejection of any or all submissions, and any subsequent agreement that may be entered into asa result of this RFP. The City of Diamond Bar reserves the right to modify the scope of this RFP, to reject all submissions onto request and obtainfrom one or more of the vendor's submitting proposals, supplementary information as may be necessary for City and selection criteria as requested herein, The City reserves the.right to request additional information as and when needed, and in a format to be determined by the City. The information may be requested from a vendor individually or from all the vendors simultaneously. Vendors will be given adequate time to respond, and all vendors will be asked for and evaluated on the same submission criteria, information and materials. Failure to submit all of the required documentation and/or information set forth in this RFP may result in disqualification. The City is not liable for any cost or expenses incurred in the preparation of the proposal. SELECTION PROCESS The City of Diamond Bar is requesting proposals for a professional service. Therefore, the selection process will not be solely based on the cost of the service. The proposals will be evaluated on a number of criteria including but not limited to knowledge and understand of the scope of work, prior experience on similar projects, completeness of services offered, completeness of proposal material, and cost. PROPOSALS DUE Proposals must be submitted in a sealed envelope on or before 5:00 p.m. on August 23, 2000 to the following address: City of Diamond Bar City Manager's Office Attention Dave Doyle, Deputy City Manager 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765 ATTACHMENTS Construction Standards Consulting Services Agreement CONSTRUCTION STANDARDS S • WALLS Studs to be 4", 20 gauge steel Gypboard to be 5/8" type X both sides Seismic Bracing: All walls to be seismically braced Walls to be insulated for sound attenuation. • TOPSET: Roppe 92, color is Teal, 4" • DOORS: 3'0" x 7.0" x 1 3/a Solid Core Wood Door, 20 minute Rating; Laminated on all surfaces with Nevamar S -3-37T Bluewing Teal • ELECTRICAL Duplex Receptacle box every 12' 17" from Floor to center of box and 1/2 inch conduit stubbed 12" into ceiling. • LIGHTING: 2 -Gang switch box mounted 41" from floor to center of box and 1/2 inch conduit stubbed 12" into ceiling. • TELEPHONE/DATA Receptacle box every 12' and 17" from floor to center of box and 1/2" conduit stubbed into ceiling. CEILINGS Acoustical ceiling tiles manufactured by Capaul Corp. 2'0" x 4' 0" x 3/a mineral fiber lay -in. Tile finish — Elite Microperforated. Color White- Exposed suspended system manufactured by USG Interiors. Type Donn DX molding — M7 Color Flat White. i INTEROFFICE MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER" RE: AWARD OF CONTRACT FOR SITE MASTER PLANNING AND ARCHITECTURAL DESIGN SERVICES RELATED TO THE COMMUNITY/SENIOR CENTER DATE: SEPTEMBER 5, 2000 ISSUE: Shall the Council award a contract for site master planning and architectural design servicesrelated to the community/senior center? RECOMMENDATION: It is recommended that the City Council award a contract to the architectural firm of Gonzalez/Goodale, in the amount of $482,000, for the provision of program confirmation, master planning, highly detailed schematic design, project modeling, design development, construction documents and construction support services, related to the creation of a community/senior center building, at Summit Ridge Park. DISCUSSION: The City of Diamond Bar incorporated in April 1989. At the time of incorporation, the City received only one public building from the County of Los Angeles. It was a small (2,000 sq. ft.), run-down building located at Heritage Park. Because of the dilapidated condition of the building, only a small portion of it could be used. In the early 1990s, the City replaced the run-down building with a new 3,400 sq. ft. building. The Heritage Park Community Center continues to be the only ;City -owned public building available to the groups, organizations and residents. For example, three different senior organizations use the Heritage Center for their activities. While it is a very attractive and functional facility, the building's greatest limitation is that itis not large enough to accommodate the tremendous demand for use, from community',groups, organizations and individuals. Consequently, the City Council determined that larger, more functional, more centrally located community buildings needed to be constructed. . _ --e •rv. _ .,.. ....... u.,.v�- <.«..-..-.-i:. ..r ^" ni .+.._ e - wrs.. c_._ = � _� '-� a �v — .._ _.. .: ._ � _._ ARCHITECT SEPTEMBER 5 2000 PAGE TWO The Council appointed a thirty (30) member task force to study, evaluate and make recommendations, regarding the assessment of need and allocation of space necessary to supply the demand for larger, multi-purpose community buildings. The Task Force held its first meeting, on October 28, 1998. Over the next several months, the Community/Civic Center Task Force met ten (10) 1 times, with its last meeting being June 14; 1999. The final Task Report was presented to the City Council, by Task Force consultants (LPA and Roth Group), on June 29, 2000. Following the receipt of the report and recommendations, the City Council engaged the services of Economic Research Associates (ERA) to financially analyze four recommended community/civic center sites (Summit Ridge Park, Diamond Bar Golf Course, Citrus Valley Health' Partners property, and Kaiser Permanente property. ERA presented its report to the Council, in December 1999. Following the selection of Summit Ridge Park as the site 'fora community/senior center and a library facility, the City solicited proposals from qualified architectural firms for site master planning, design development, construction documents and construction support services, on April 14, 2000.Proposals for architectural services were received- from eceivedfrom seventeen (17) qualified firms, May 26, 2000. In June 2000, the Council approved the budget for the planning and construction of a community/senior center, which is a part of the FY 2000-2001 Municipal Budget. The seventeen (17) architect services proposals were evaluated by a seven person Council (Mayor O'Connor and Councilman Huff, as the Community/Civic Center Sub - Committee) and City staff panel. Each panel member evaluated the firms, using the same criteria. The ratings were then compiled. This process resulted in the selection of six (6) architectural firms being invited to be interviewed by a panel comprised of Mayor O'Connor, Councilman Huff, City Manager Belanger, Deputy City Manager Destefano and Community Services Director Rose. The interviews took place on August 3, 2000. The following firms were interviewed: -Albert Group Bates (John) Associates Gonzalez/Goodale Architects -Gruen Associates -LPA -Nadel Architects ARCHITECT SEPTEMBER 5, 2000 PAGE THREE The interview panel was primarily concerned with the firms' experience and abilities regarding community participation processes; master planning, designing and constructing similar facilities (community centers and libraries)on similar sites; and, design creativity and originality. The members of the panel were mindful of the setting in which the community/senior center is to be built; both, in terms of the neighborhood 'and the topographical issues associated with the proposed building pad. Because the community/senior center is the first City—owned, large-scale, multi-purpose building; and, it is located in highly visible (from long distances), the panel focused on the comparative experiences of the firms in similar physical settings and their experience in planning, managing and conducting a community participation process. And, due to the unique natural environment and the panoramic views, from and to the site, the firms were assessed as to their creativity and originality. It was important to the panel that the selected firm have the capacity to architecturally balance the splendor of the natural setting with the majesty of the site. Keeping all these factors, and more, in mind, the firm selected the firm of Gonzalez/Goodale Architects, for recommendation to the City Council. Gonzalez/Goodale is a well-respected architectural firm, located in Pasadena. They have committed to provide an intensive community participation process, a design that will preserve the sense of the natural environment; and, a design that will create a bold and symbolic community and civic focal point. Gonzalez/Goodale have demonstrated experience in master planning, and designing community centers and libraries, as well as, other civic buildings, in a variety of .physical settings. Previously, the Council was provided'a copy of the Gonzalez/Goodale ,proposal for review and information. You are referred to that document for more specific examples of the firm's experience and expertise. Gonzalez/Goodale proposed a fee of $482,000 (enclosed), which would provide for: -Program confirmation Master planning (community/senior center and library) -Detailed schematic design Three -dimension model -Design development (community/senior center) -Construction documents (community/senior center) -Construction support services (community/senior center) -Specialty consultants -Reimbursable expenses At'4-29-2600 14:05 FROM:'GONZALEZGOODALE ARCH 9626568026 70:919098613117 P,002/003 anRzalezG_D 0'D A_ 13_• WC5T ..CUCCN s,TREE'T-EUI,TC moo. PASADENA GA - 01.!09- - T 62G 7Ge' X43• August 28, 2000 Mr. Terrence L. Belanger, City Manager City of Diamond Bar 21660 E. Copley Drive. Suite 100 Diamond Bar, CA 91 T65 Bear Mr. Belanger: As a follow up to our meeting; on August 28, 2000, attached is the revised fee proposal for the senior/community center in the amount of $482,000. Please call the or David Goodale if you have any questions or comments. We thank you and the committee again for selecting our firm for recommendation to the Council. We will be atrending the meeting on September and took forward to their approval with great anticipation and enthusiasm. AR„ Non L ooNSACCZ AM Sincerely; - _ :ANG L L'OCCw4C waw - Gonzalez Architects Armando L. Gonialei AIA Principal gonzaiezgoodalazom Pt1G-29-2000 14:05 FROM:GOWZALEZG000ALE ARCH 9626568026 Tp:91909613117 P.003f003 go nzidLat�6 0 0 .D A L E CITY OF DIAMOND BAR REVISED FEE PROPOSALIOption l August, 28.2000 1. For two projects (senior/community center and library) and related sitework: program cantirmation, master planning and a highly detailed schematic design Architeclural/Engineering Design Services: $137,000 Three-dimensional Model $ 18,000' Reimbursable Expenses: 5 4,000 Civil engineering and landscape architectural services: 2% of the cost of construction of the sitework only. 2. Community Center: Design development, eonstruclion documents and construction support services Arch ilecturaf/Engineering Design Services; $266.800 Reimbursable Expenses: S 10,000' Specialty consultants, as required: $47,000 (including acoustical, low voltage, security, Fire and lifesafety, inferior design, lighting) Civil engineering and landscape architectural services: 8% at the cost of construction of the sitework only. 3. Library: Design development,, construction documents and construction supporl services Architectural/Engineering Design Services: 8% of the cost of construction of the building only Reimbursable Expenses: $ 10,000 Specialty consultants, as required. $ 55.000 (including acoustical, low voltage, security, fire and life safety, interior design, lighting) Civil engineering and landscape architectural services: 8% of the cost of construction of the sitework only. Additional services: When authorized in wiling, additional services shall be compensated at actual hourly rates (see attached "Hourly Compensation Schedule", dated January 1, 2000)'times a multiplier of 2.5. Authorized consultant engineers services shall be charged at cost plus 15%. This fee proposal is based on the terms and conditions of the Standard Form of Agreement Between Owner and Architect, AIA B141, 1997 Edition. gonzalezG 0 0 D A L E 13.5 WESTGREEN STREET SL ITE 20.0 PASADENA 0A 91 105T 26 56B`"Y 428 - F 6126 568 $'O August 3, 2000 Mr. Terrence Belanger, City Manager City of Diamond Bar 21660 E. Copley Drive; Suite 100 Diamond Bar, CA 91765-4177 Dear Mr. Belanger: Thank you so much for a stimulating interview for Diamond Bar's new Community/ Senior Center. We were especially challenged (and educated) by the ."Issues and Concerns" dialogue. As David Hopkins indicated, the focus of your discussion showed the need for a conclusive programming and master planning phase. Due to time constraints, we were unable to address these issues separately. Therefore, we've attached the following "thumbnail," which paraphrases your issues/concerns, and shares some thoughts about them: Terry Belanger: Site/Feasibility/Cost.y ACf 10,ACIES �IU{thLYeSt Compatibility of City°s Vi ion :�uitlt Thrs Sfte ASM — L 0... A— � A Our approach to site feasibility -will weave in coneems about views (m and>outj exlsting.soil ; suitability, pad,opportunities� and grading costs: We would, suggest, based.on the budget-an DAVID L Goa°ALE AIA initial exploration that approaches earth movement cautiously, seeking to_work sensitively with grades and transitions! We have done this successfully on projects such as the Westlake Village Civic Center, Mt. San Antonio College Master Plan, and the Sisters of Social Service DAVID M HOPKINS AIA Retreat. ' The City's vision for this site will be determined by the tirnelyavailabillty ofiasoilsreport and JAMES J SNFIT3i AIA Opographical survey. Bob Rose Competition for Program/Space Incompatible Uses Problems of competing interests and mixed uses have two components that need to be addressed. First, a collaborative. public process in which a cooperative, consensus_ understanding; is built among competing, public interests (who all have a.rghtful place at the; table), Secondly, after a.iistening and exploring phase solutions: must creatively address and eliminate potential conflicts (through zoning, screening, entry separation, scheduling, etc.). Gonzalez KGoodale is,,seasoned,in Leading public processes to consensus, and in accommodating coni peting,intere§ts with creative architectural solutions (such as our zoning/security conceptfor Southeast High School). Mayor O'Connor Traffic Impact Profile of Building We were educated on the importance of traffic reduction on Summit Ridge. Atthe same time, gonzalezgoodale.com entry from Grand Avenue and accommodation of a road through the park is both functionally gonzileziG 0 0 D A L E and economically challenging. This is an issue that will require much further listening, testing, and brainstorming. (One :option is a Summit Ridge access quite near the Grand intersection.) We also understand the importance of an architecture that is: • Low -profile to its residential neighbors. • Has dramatic views. • Has a strong address to Grand Avenue. These are not necessarily competing forces. They are the kind of unique constraints that help shape stunning buildings. Councilman Bob Huff Unification Country/City Dynamics Like Mayor O'Connor's comments, Councilman Huffs were the. kind that help shape an architectural spirit. The attempt to "unify" diverse neighborhoods and school districts through selection of the central Summit Ridge location proves a sensitivity not only to residents, but also to the community as a whole. The Westlake Village Civic Center, by Gonzalez I Goodale Architects, was literally designed around the City's principle of "a city in, the country," and we understand the notion of an active dialogue between "wilder" nabire and more urbane Duman elements in architecture. Jim DeStefana Importance of Building or! Process -to -date Cultural Diversity We very much appreciated the importance of consolidating and ";leveraging" the City's investment of time, energy and values in the design, programming/planning process to date. We encourage a continuity of leadership and participants. At the same time, we encourage a schedule -driven process with an increasingly focused/delegatedenergy that can lead to prioritized consensus decision making. His abstract grasp of again helping to shape an architectural spirit was evidenced in this issue; rather than suggesting',a pastiche architecture, he gave the example of employing the planning principles of Feng sht i as a means of addressing Asian perspectives, which we have experienced in the past. We found this to be a most interesting interview and would be delighted to work with your team and your community. Sincerel , 0 onda a rchitects David L. Goodale AIA Principal xc: Mayor Deborah H. O'Connor Robert S. Huff, Council Member James DeStefano, Deputy City Manager Bob Rose, Dir. of Community Services y A �l 9onza eZG00DALE 1 3S WEST GREEN- STREET S ITE 200 PASADENA DA 91 1 05 T 6.26 566 142: 626 .566 BD 2.6 - May, 24, 2000 Mr. Terrence L. Belanger, City Manager City of Diamond Bar 21660 E. Copley Drive, Suite 100 a Diamond Bar, CA 91765 r , Dear Mr. Belanger. Gonzalez i Goodale Architects has provided creative architectural services to over 30 civic clients in the last twenty years. Our team has designed local / regional civic centers, libraries, sports facili ties and performing arts centers, as well as community and senior centers. In doing so, we are proud of the references we've built, 'and how those references will speak to our creativity and our client service. The City has demonstrated that both the selection process and the design process will be an open- minded one, encouraging a broad range of skilled architects. With that in mind, this proposal will underscore the ways in which our firm's history, creativity, and technical skills address the specific �e themes you've established for the City of Diamond Bar Community/Civic Center project. ARMANDO L GONZALEZ AIA.. Specifically we will address our historic and recent strengths in designing: with intensive community participation. • in a local context of strong community character, history, and commitment. DA '° L roGOA E AIA where preservation of the natural environment is highly valued. ..- to crystallize identity in a bold community -specific civic statement and create a symbolic DAVID M oPwINS A • `_ focal point. A • within jointly disciplined protocols of schedule and budget. nv with pragmatic initiatives for sustainability. JAMES J SMITH AIA The team we offer for this project j$r a seasoned one, with Armando Gonzalez as Principal -in -Charge for the duration of the project and Project Manager through schematic design, David Hopkins as Project Manager from the design development phase through construction, and David Goodale as f. Design Principal Each of these three team leaders is a principal' May Lau will serve as project captain. This includes the same team that is currently completing the design of the City of Westlake Village Civic Center. (We encourage your review of our work with .Ray Taylor, City Manager, as well as a debriefing on the amount of principal -time involvement in our civic project.) Following our attendance on May 2, 2000, at the Diamond Bar City Council meeting, it was clear to us that there is a wide diversity of both knowledge and opinion in the City about the most prudent way to envision and design this civic complex in phases. We offer extensive experience in both master planning and design by phases and have an under- o�d standing of both; proponents of a cautious 'wait and see' approach and proponents of a holistic/sys- tematic approach to the design. We will take a leadership role in advising Diamond Bar and build ing consensus between the City and the community. a.,t, A- gonzalezgoodale.com s gonzdiazG 0 0 D A E We oundelieve it's imperative to build a consensus approach to phasing and design, and we have this consensus building to be most successful in public discourse when professional terms, e.g. schematics, design development, construction documents, etc., are set aside. What is essential to a phased design of a civic center master plan is that a harmonious vision is established from the beginning. That vision should have enough foresight in detail to insure a good and expandable "fit, as, future facilities evolve. Specifically, we recommend that the minimum design criteria that should be established for your Community/Civic Center master plan before any buildings are built should be: • thorough needs assessment and growth projections for all master pian facilities. reasonably thorough planning of all facilities in e master pian (including such facile interrelated issues as adjacencies, Identityto streets, arking, drop-off, utilities, trash collection and servicing. • a three-dimensional model relating the siting and exterior_ detail of each facility. an understanding of how solid and open will relate harmoniously throughout the civic center master plan. • development of building materialVpalettes.' Also, after careful review of the City's written material and a visit to the selected Summit Ridge Park site, David Goodale has addressed his design observations, including a preliminary site plan, in Section B.5 of our proposal. We have presented an approach to a specific phasing process, which will also be reflected in our fee proposal, under separate cover. A master plan incorporating. all three components 1 (community center, library, city hall) will be developed, followed by three-dimensional site model. We understand that the community center will be funded first, therefore, design level- . g y pp nciuded for this facility. These � devel- opment and construction documents and support are also i 4 remaining phases for the libraryand cit hall are noted as future projects. r In summary, Gonzale2l Goodale Architects is enthused and inspired by the potentials for the new Civic'Center, namely a community center. While we offer our extensive civic experience as a virtue, of greater value will be our enthusiasm for the specifics of your project: the unique s citizenry, setting, and values of your City; the special creative problems of your program and N its future growth; and the compelling natural character of your site. We offer this response in the hope of evolving a dynamic dialogue, With enthusiasm, we a would like to serve as your architect. -+ Sincerely, Gonzalez i Goodale Architects (formerly CHCG Architects) a' Armando L. Gonzalez AIA Principal G City of Diamond Bar Interview questions for Community Center Architect Thursday, August 3, 2000 1. Interview Team: a. Introduce Interview Panel b. Describe planned project and need for architect/project team 2. Ask who on the project team will be the project manager. a. Have them describe their past experience with similar projects. .3. Ask the project manager to guide us through their proposal. - 20 minutes max. 4. After the presentation, ask questions to obtain complete information on: a. Their current knowledge of the planned project and project site. b. Their knowledge of the Diamond Bar community. c. Their methodology for developing a master plan. d. Their techniques for involving the community and neighborhood residents. e. Methods they use to determine building materials. f. How they will finalize programming the facility will be designed for. g. What information will they seek to determine a design that is appropriate and unique to Diamond Bar? 5. What other resources do they have available to assist on this project if needed? a. Civil Engineer/Geotechnical Firm b. Interior design team ; c. Library consultant 6. Have they reviewed the Consulting Services Agreement included in the RFP? a. Do they have any questions or concerns about the agreement or insurance requirements? 7. Interview team: a. State that the interview panel will review the fee proposals after rating; the project teams. b. Describe the time frame for a decision to be made and date for possible award of contract. 8. Ask if project team has any questions for us. End of Interview CITY OF DIAMOND BAR MEMORANDUM TO: Honorable Mayor & Members of the City Council VIA: Terrence Belanger, City Manager FROM: David Doyle, Deputy City Manager DATE: September 5, 2000 SUBJECT: Consideration of Statement of Principles and Commitment with the State of California Department of Developmental Services _Regarding the Proposed Expansion of the Lanterman Developmental Center RECOMMENDATION: It is recommended that the City Council approve the Statement of Principles & Commitment between the State of California Department of Developmental Services and the City regarding the proposed expansion of the Lanterman Developmental Center. BACKGROUND: In January 1999 the State of California circulated a mitigated negative declaration related to a proposed security expansion of Lanterman DevelopmentalCenter to accommodate 75 forensic clients and 53 severe behavioral'' clients. The State of California certified the mitigated negative declaration and approved' the expansion in February 1999. Thereafter, the communities of Diamond Bar, Walnut and Pomona engaged in a very contentious legal and political battle over placement of a forensic facility at Lanterman: The legal and political effort resulted in the :State rescinding its approval of a forensic client project at Lanterman. Subsequently, the State proposed security modifications to Lanterman which would accommodate 128 severe behavioral clients. In February 2000, the City traveled to Sacramento to appear before the Public Works Board and request that the Lanterman security modification project be continued until the cities of Diamond Bar, Walnut and Pomona and their residents were provided with an opportunity to reach agreement with the State on several issues related to the project. These issues included limitations on the number of severe behavioral clients, not permitting forensic patients at the facility, assuring a security plan is in place, citizens advisory committee is formed, currently licensed but unused beds have their licenses �s withdrawn, a new perimeter fence around the facility is installed and maintained, and other matters of interest to the cities and their respective residents. - The Public Works Board did continue approval of the Lanterman Security modification project in order to allow the cities and their residents to reach agreement on matters of concern that have herein above been stated. To that end, a workshop was held in March including City Councilmembers, local residents and representatives of the State of California Department of Developmental Services (DDS) to discuss the proposed expansion of the Lanterman Developmental Center. The worshop participants prepared a Statement of the Participants. The Statement set forth several provisions relative to the manner in which a severe behavioral project would be processed,. approved and implemented. On June 30"' the Governor, through the State budget process, passed legislation that prevents the transfer of forensic patients and limits the number and type of severe behavioral patients that can be accommodated at the Lanterman facility. The legislation limits the number of severe behavioral patients to 128 community grade risk IA or 113 (minimal risk) individuals. Since March, Councilmembers and members of the Lanterman Advisory Committee have been negotiating an agreement with DDS. The legislative provisions related to no forensics and a limit on the number of severe behaviorals at Lanterman have reduced the number of negotiation items. A meeting was scheduled on July 27`h to allow the Director of Developmental Services to meet with several residents' and two City; Councilmembers. However, due to circumstances existent at the time, the meeting did not take place. In August, the City, with the assistance of the Lanterman Advisory Committee, drafted an agreement to address the outstanding issues associated with the proposed expansion. This draft agreement was distributed to the DDS for review and comment. On August 14`h the City received a revised` document from DDS that was significantly different than the version proposed by -the City of Diamond Bar. On August 15'b the City Council reviewed the document submitted by DDS. Subsequently, the City proposed modifications to the proposal by DDS. On August 25`h representatives of DDS accepted the proposal from the City of Diamond Bar and the modifications are included in the attached document. In anticipation of the September 5`h Council meeting, a letter informing of the item being considered at the City Council meeting and summary of the Statement of Principles and Commitment was sent to all residents and businesses within the City of Diamond Bar. DISCUSSION.- The ISCUSSIONcThe attached document is the culmination of months of work by the Lanterman Advisory Committee, representatives of DDS, Assemblymember. Robert Pacheco's office, and City i staff. The Statement of Principles and Commitment calls for the reduction of the overall number of available beds to serve clients at the facility,requires a phase-in plan for the transfer of clients from other facilities, and mandates that, after treatment, individuals are placed back in the community they resided in prior to placement at Lanterman Development Center. In addition, the Statement requires the development of a facility security plan prior to any severe behavioral patient being moved and creation of a Community Advisory Committee to review the severe behavioral program. If approved by the City Council, the document will be forwarded to DDS for signature. ATTACHMENT Enclosure SUMMARY OF LANTERMAN EXPANSION STATEMENT OF PRINCIPLES AND COMMITMENT Since March, representatives of the Cities of Diamond Bar, Walnut and Pomona, along with residents and attorneys, have been engaged in discussions with representatives of the Department of Developmental' Services ("DDS"),. the Department of General Services ("DGS'), Lanterman Developmental Center's Governor's Advisory Board and Parent Coordinating Council, Area Board 10, representatives of the California Association of State Hospital Parent Councils for the Retarded, attorneys from Protection and Advocacy, Inc., State Assemblyman Bob Pacheco, State Assemblyman Bob Margett, and State Senator Dick Mountjoy, for the purpose of discussing the concerns and needs of the respective parties with regard to the ' proposed introduction of severe behavior individuals at Lanterman Developmental, Center. All parties were participants in a workshop that was intended as an opportunity to obtain' information, educate each other and to have open and frank discussions, with the hope of establishing some degree of trust among the participants. It was the hope of all the participants to reach a consensus', regarding the proposed project in order to avoid further; costly litigation. The workshop proved to be productive largely due to the willingness of the participants to listen and to be open in the discussions. Set forth below is a summary of the principles upon which a general understanding has been reached, and which are herein set forth in a written Statement. This summary of the Statement of Principles and Commitment is being provided to the community for information. The City Council will be considering the approval of the Statement, on September 5, 2000. 1. Currently Lanterman Developmental Center is licensed for 908 beds in its Intermediate Care Facility/Developmentally Disabled ("ICFIDD") category, the category applicable to severe ' behaviorals clients. The current ICF/DDpopulation is 526.. An additional 128 severe behavioral clients would increase the ICF/DD population to 654, leaving 2541icensed but vacant or suspense beds. Lanterman will remove 203 from their license so they will only have 51 vacant, licensed beds in this category: 2. There will be a Community Advisory Committee consisting of 14 members, including two from DDS, three each from Diamond Bar, Walnut, and Pomona (including at least two residents from each City who are not elected officials or employees; or anyone affiliated with Lanterman), and two each from the Parent Coordinating Council and one from Area Board 10 or the Governor's Advisory Committee which will review information pertinent to the severe behavioral program at LANTERMAN and insure compliance these terms. 3 Prior to the public comment period for the new CEQA document, DDS, in cooperation with the Pomona Police Department and the Los Angeles County Sheriff, will prepare a Security Plan. 4. DDS will prepare a phase-in plan for transfer of severe behaviorals, at a rate not to exceed the ability of the Lanterman staff and in no event more than 70 clients in the first 60 days. 5. DDS will hold at least one public hearing for the CEQA document, after the public comment period; and, prior to Project and CEQA Document approval. 6. DDS will install and maintain a) a new 8' fence around the perimeter of Lanterman to replace the existing perimeter fence and b) new interior fencing to replace existing interior fencing. The fencing will'be painted -in a shade of green to blend with the surroundings. LDC STATEMENT OF PRINCIPLES Page Two 7. When a behavioral client is discharged, he or she will -be placed in the community where he or she resided prior to placement at Lanterman Developmental Center. 8. DDS/DGS will determine whether the new CEQA document will be an initial study/negative declaration, an initial study/mitigated negative declaration, and/or -an Environmental Impact Report (EIR). The choice of CEQA document by DDS/DGS will not be legally; challenged by -the parties that legally challenged the Original Project but the foregoing shall not apply with respect to any failure of DGS to prepare that document in the manner required by law. DDS will take no action on the proposed project prior to approval of a CEQA document. 9. The participants understand and acknowledge that a full, fair and considerate review of the contents of this Statement by public officials and residents cannot occur in an environment of mistrust, hostility and prejudice. All participants shall use good faith efforts to discourage inflammatory or derogatory remarks concerning any of the other participants, the LDC staff; or the existing clients at Lanterman or their family members. 10. DDS will not be required to take any action that would violate any state or federal law. 11. if the workshop participants cannot reachi agreement, the Statement'and/or the conduct or statements of any participant relating to the creation of this Statement are to be considered offers to compromise within the scope of Evidence Code 1152 and are subject to the restrictions on use and admission in any legal proceeding. 12. DDS will not approve or certify the CEQA document or approve the Project, until DDS has satisfied certain specified requirements. 1 y, LANTERMAN EXPANSION STATEMENT This Lanterman Expansion STATEMENT ("STATEMENT") of PRINCIPLE AND COMMITTMENT, July , 2000, is entered into by and among the CALIFORNIA DEPARTMENT OF DEVELOPMENT SERVICES, a ("DDS"), the CITY OF DIAMOND BAR, a municipal corporation ("Diamond Bar"), the CITY OF WALNUT, a ("Walnut"), and the CITY OFPOMONA, a ("Pomona") (Diamond Bar, Walnut and Pomona are collectively defined herein as the "cities"), with reference to the following facts: RECITALS A. On March 15-16, 2000, representatives of DDS, the California Department of General Services ("DGS"), Protection & Advocacy, Inc. as well as residents from Diamond Bar, State Assemblyman Robert Pacheco and State Senator Dick Mountjoy, representatives of the California Association of State Hospital Parent Councils for the Retarded, Lanterman Development Center's Governor's Advisory Board and Parent Coordinating Council (the "Parent Coordinating Council"), and Area Board 10, met together in Sacramento, California at the "Lanterman Expansion Workshop" to discuss the proposed introduction of.,a new sever behavior population (the "Project') at Lanterman Development Center ("LDC") B. The proposed Project consists of security and other physical improvements to accommodate the transfer of up to 128 severe behavior individuals to LDC. The proposed Project is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. C. DDS and the Cities desire to set forth principles of understanding regarding the proposed Project and the proposed' introduction of a new severe behavior population at LDC. NOW, THEREFORE, the principles of understanding agreed to are as follows: 1. The parties understand and agree that each will use good faith in fulfilling these principles. The parties further agree that these principles cover only the proposed Project as set forth herein. The parties understand and acknowledge that the state's ability to respond to the changing needs and capabilities of the State's developmentally disabled population in the future has -not been limited in any manner by these principles. 2. Removal of Licensed Beds. DDS currently has a license from the Department of Health Services for 908 licensed beds at LDC in the Intermediate Care Facility/DevelopmentallyDisabled ("ICFIDD") category, which is the category applicable to severe behavior individuals. The current:ICF/DD population; at LDC is 526 and the placement of 128 severe behavior individuals at LDC would increase the'ICF/DD population to 554. This would result in a total of 254 vacant and/or suspense beds. DDS will take all necessary action to cause the Department of Health Services to remove 203 1' licensed beds in the ICF/DD category from its license for LDC prior to the transfer of the first severe behavior individual to LDC. 3. Community Advisory Committee. A Community Advisory Committee will be established to (a) assure a full and fair sharing of information and concerns among DDS and the local communities and their residents with respect to the ongoing operation of the specialized behavioral program at LDC 'and (b) confirm on -an ongoing basis that DDS/LDC are in compliance with the terms and conditions to be set forth in this Agreement and other legal requirements relating to the specialized behavioral program. The Community Advisory Committee will make recommendations to DDSILDC regarding the specialized behavioral program, which DDS/LDC shall consider in good faith. The Community Advisory, Committee will have 14 members, comprised of (2) representatives from DDS, (3) representatives each from the `Cities '(2) of whom -will be residents who are not elected officials or employees of that City or Employees of Lanterman Developmental Center, and (2) representatives from the Parent Coordinating Council and (1) from the Area Board 10 or from the Governor's Advisory Board. DDS will provide all information reasonably required by the Community AdvisoryCommittee to carry out its functions, subject to the restrictions set forth in Section 4514o _ f the Welfare and Institutions Code. The Community Advisory Committee shall meet not less frequently than once each calendar quarter, provided that the Community Advisory Committee may agree, by majority vote of all members of the Community Advisory Committee, to change the frequency of meetings after the second anniversary of the date on which the first severe behavior individual is transferred to LDC. 4. Security Plan. Prior to the commencement of the public comment period for the CEQA document prepared for the proposed Project (the "CEQA Document"), DDS will, in cooperation with the Pomona Police Department and the Los Angeles County Sheriff's Department (the "Sheriff's Department"), prepare a security plan (the ` "Security Plan") that will include, at a minimum, the following: (a) The procedures that will be implemented in the event of an unauthorized absence of any severe behavior individual from LDC. These procedures will require notification of the Pomona Police Department and the Sheriff's Department immediately after LDC staff determines that a severe behavior individual is unaccounted for.as a result of a resident count or otherwise. (b) A description of the various types of potential offsite activities by severe behavior individuals and the procedures by which an Interdisciplinary Team determines the level of supervision required for a severe behavior individual for those offsite activities, including the determination of the appropriate client/staff ratio. (c) The number of security officers that will be assigned to the specialized behavioral program at any given time and their responsibilities. 2 _.�-.- . (d) Description of the training provided to the security officers. (e) A description of the security -related training provided to direct and non -direct care staff.` DDS/LDC and representatives of the Pomona Police Department and the Sheriff's Department will form a security advisory committee to review and provide advice regarding the Security Plan. In addition, prior tot he commencement of the public comment period for the CEQA document, DDS will provide the Pomona Police Department and the Sheriff's Department with a reasonable opportunity to review and comment on the proposed security improvements for the Project and consult with them in good faith regarding any proposed modifications to such security improvements. Any modifications agreed to by DDS shall be incorporated into the description of the Project in the CEQA Document and the Security Plan. 5. Phase -In Plan_ Prior to the commencement of the public comment period for the CEQA Document, DDS will prepare a phase-in plan (the 'Phase -In Plan") for the transfer of severe behavior individuals from Porterville Developmental Center or other locations to LDC. The Phase -In Plan will include, among other things, the.monthly schedule for the transfer of these individuals and their belongings, providedthat DDS shall not transfer these individuals at a rate that exceeds the ability of LDC staff and facilities to accommodate them in a safe, secure, and efficient manner and, in any event, shall not transfer more than 70 severe behavior individuals to LDC in the first 60 days following the completion of the security and facility improvements which comprise the Project. 6. Public Hearing. DDS/DGS shall hold at least one public hearing, on a weekday evening in the Diamond Bar/Pomona/Walnut area, with respect to the CEQA Document and prior to DDS adopting or certifying the proposed CEQA Document or approving the Project. At the public hearing, the public will also have the opportunity to comment on the -Security Plan and the` Phase-in Plan. 7. Fencing. DDS shall install and maintain a new eight -foot fence around the perimeter of LDC to replace the existing perimeter fence. In addition, DDS shall -install and maintain a new eight -foot fence to replace the existing fence that begins near the project site and ends near the Highland Valley Drive entrance to LDC. Neither of the new fences will include any barbed wire and both fences will be painted in a shade ofgreen that blends with adjacent open space and landscaped area. 8. Alternative Placement. When LDC staff determine that a severe behavior individual is ready for an alternative placement, LDC staff will initiate case management and discharge planning with the regional center that was responsible for the planning, support and services for that individual prior to his or her placement at LDC. Discharge planning will include the placement of each individual in the community in which that individual resided prior to placement- at LDC: 9. CEOA Document. DDS/DGS will determine whether theCEQA Document will consist of an initial study/negative declaration, initial study/mitigated negative declaration or an environment impact report (EIR). DDS will not approve the proposed Project prior to the preparation and adoption or certification of a CEQA Document and will not approve the proposed Project based on a statutory or categorical exemption set forth in the CEQA statute or the State CEQA Guidelines. In the event that DDS/DGS elects to prepare and adopt an initial study/negative declaration or initial study/mitigated negative declaration for the proposed Project, the Cities agree not to file any legal action against DDS or DGS relating`to the failure of any of those parties to prepare and/or certify an EIR for the proposed Project, provided that the foregoing shall not apply with respect to any failure to prepare the initial study, negative declaration or mitigated negative declaration in the manner required by law. 10. Good Faith.The participants understand and acknowledge that a full, fair and considerate review of the issues relating to the proposed Project by public officials and residents cannot occur in an environment of mistrust, hostility, or prejudice. The parties hereto shall use good faith efforts to discourage inflammatory or derogatory remarks concerning any of the participants in the Lanterman Expansion Workshop, the LDC staff, the existing clients at LDC or their family members, or other local residents. 11. Compliance with Laws. No provision in this Agreement shall require DDS to take'any action, or refrain from taking any action, that would violate any State or federal law, including without limitation the Fair housing Amendments Act of 1988, the Americans with Disabilities Act, the Rehabilitation Act of 1973 or the Lanterman Developmental Disabilities Services Act. 12. Offers to Compromise. It is agreed that any conduct or statements made by any participant relating to (a) the creation of this STATEMENT or (b) this STATEMENT itself constitute offers to compromise within the meaning of Section 1152 of the California Evidence Code and are subject to the restrictions on use or admission of such offers to compromise as set forth therein. 13. Approval of Project. DDS shall have no right to adopt or certify the CEQA Document or approve the Project until DDS has satisfied the requirements set forth in Sections 4, 5 6, and 9 above. 14. Miscellaneous. 14.1 Notices. All approvals, disapprovals, demands and/or notices, requests, demands and other communications given, or required to be given under this Agreement, shall be in writing duly addressed to the parties as follows: 4 Lanterman Development Center - Status Update August 28 2000 Page, Two' SUMMARY OF LANTERMAN EXPANSION STATEMENT OF PRINCIPLES AND COMMITMENT Since March, representatives of the Cities of Diamond Bar, Walnut and Pomona, along with residentsand attorneys,-have been engaged in discussions with representatives of the Department of Developmental Services ("DDS"), the Department of General Services("DGS"), Lanterman "Developmental Center's Governor's Advisory Board and Parent Coordinating Council, Area Board 10, representatives of the California Association of State Hospital Parent Councils for the Retarded, attorneys from Protection and Advocacy, Inc., State Assemblyman Bob Pacheco, State Assemblyman Bob'Margett, and&ate Senator Dick Mountjoy, for the purpose of discussing the concerns and needs of the respective parties with regard to the proposed introduction of severe behavior individuals at Lanterman Developmental. Center: All parties were participants in a workshop that was intended as an opportunity to obtain information, educate each other and to have open and frank discussions, with the hope of establishing some degree of trust among the participants. It was the, hope of all the: participants -to reach a consensus regarding the proposed project in order to avoid further,, costly litigation. The workshop proved to be productive largely due to the willingness of the participants to listen and to be open in the' discussions. Set forth below is a summary of the principles upon which a general understanding has been reached, and . which are herein set forth in a written Statement.This summary of the Statement of Principles and Commitment is being provided to the community for information. The City Council will be considering the approval of the Statement, on September 5, 2000. L Currently Lanterman Developmental Center is Licensed for 908 beds in its Intermediate Care 1acility/Developmentally Disabled; (,JCF/DD") category,,1 the category applicable to severe behaviorals clients. The current ICF/DD,population is 526.i An -additional 128 severe behavioral clients would increase the ICF/DD population to 654, leaving 254 licensed but vacant or suspense beds. Lanterman will remove 203 from their license so they will only have 51 vacant, licensed beds in this category. 2. There will be a Community Advisory Committee consisting of 14 members, including two from DDS, three each from Diamond Bar, Walnut, and Pomona (including at least two residents from each City who are not elected officials or employees; or anyone affiliated with Lanterman), and two each from the Parent Coordinating Council and one from Area Board 10 or the Governor's Advisory Committee which will review information pertinent to the severe behavioral program at LANTERMAN and insure compliance these terms. 3. Prior to the public comment period for the new CEQA document, DDS, in cooperation with the Pomona Police Department and the Los Angeles County Sheriff, will prepare a Security Plan. 4. DDS will prepare a phase-in plan for transfer of severe behaviorals, at a rate not to exceed the ability of the Lanterman staff and in no event more than 70 clients in the first 60 days. 5 DDS will hold at least one public hearing for the CEQA document, after the public comment period; and, prior to Project and CEQA Document approval. 6. DDS will install and maintain a) a new F fence around the perimeter of Lanterman to replace the existing perimeter fence and b) new interior fencing to replace existing interior fencing. The fencing will be painted in a shade of green to blend with the surroundings. LDC STATEMENT OF PRINCIPLES Page Two F 7. ,When a behavioral client is discharged, he or she will be placed'in the community where he or she resided, prior to placement; at Lanterman Developmental Center. 8.. DDS/DGS. will determine whether the new CEQA document will be an initial study/negative declaration, an initial study/mitigdted..negative declaration, and/vr anstivironmental impact Report:,'(EIR). The choice�of CEQA document,by DDS/D�GS will.nat be legally c'hallenge'd by 'the parties that legally chalienged,the.Original Project but the; foregoing shall not appy with' respect to any failure of DGS to prepare that document inthe'manner required by law. DDS will take no action on,the proposed projeetprior to approval'of a, CEQA document." 9. Theparticipants understand' and. acknowledge that a full; fair, and considerate review of the contents, of this Statement, by public officials) and residents cannot occur in an environment of mistrust, hostility and prejudice. All participants'shall use good faith efforts to discourage inflammatory or derogatory remarks conceming any of the other participants, the LDC staff, or the, xisting,clientfis atjLante man or their family members. •1D.DDS will no t.b equired to take any, action that'woul violate -any state or federal law. ` a u. s 11. If the workshop participants cannot reach agreement, the Statement and/or the conductor statements of.any participantrelatinglo the.creadon of this Statement are to be considered offers_to compromise within the scope of'Evidonce CodeJ-152 and are -subject tothe restrictions on :usg and admission,iii, any legal proceeding. 12. DDS will not approve or certify the CEQA.;document or approve the Project, until DDS has satisfied certain specified requirements. LANTERMAN EXPANSION STATEMENT: This Lanterman Expansion STATEMENT ("STATEMENT') of -PRINCIPLE AND COMMITTMENT; July. , 2000, is entered into by and among the CALIFORNIA DEPARTMENT .OF DEVELOPMENT SERVICES, a ("DDS"), the CITY OF DIAMOND BAR, a municipal corporation ("Diamond Bar"), the CITY OF WALNUT,,a ("Walnut"),i and the CITY OF POMONA, a ("Pomona") (Diamond Bar, Walnut and Pomona are collectively defined; herein as the "cities"), with reference to :the following facts: RECITALS A. On March 15-16, 2000, representatives of DDS, the California Department of General Services ("DGS"), Protection & Advocacy, Inc. as well as residents from Diamond Bar, State Assemblyman Robert Pacheco and State Senator Dick Mountjoy, representatives of the California Association of State Hospital Parent Councils for the Retarded, Lanterman Development Center's Governor's Advisory Board and Parent Coordinating Council (the "Parent Coordinating Council"), and Area Board 10, met together in Sacramento, California at the "Lanterman Expansion Workshop" to discuss the proposed introduction of a new sever behavior population (the "Project") at Lanterman Development Center. ("LOC"). . B. The proposed Project consists of security and other physical improvements to accommodate; the transfer of up to; 128 severe behavior. individuals to LDC. The proposed Project is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. C. DDS and the Cities desire to set forth principles of understanding regarding the proposed Project and the proposed introduction of a new severe behavior population at LDC. NOW, THEREFORE, the principles of understanding agreed to are as follows: 1. The parties understand and agree that each will use good faith in fulfilling these principles. The parties further agree that these principles cover only the proposed Project as set forth herein. The parties understand and acknowledge that the state's ability to respond to the changing needs and capabilities of the State's developmentally disabled population in the future has. not been limited in any manner by these', principles. 2. Removal of Licensed Beds. DDS currently has a license from the Department of Health Services for 908 licensed beds at LDC in the Intermediate Care - Facility/Developmeritally Disabled ("ICF/DD") category, which is the category- applicable to severe behavior individuals. The current ICF/DD population at LDC is 52'6 and the placement of 128 severe behavior individuals at LDC would increase the ICF/DD population to 654. This would result in a total of 254 vacant and/or suspense beds. DDS will take all necessary action to cause the Department of Health Services to remove 203 1 (d) Description of the training provided to the security officers. (e) A description of the security -related training provided to direct and non -direct care staff. DDSILDC and representatives of the Pomona Police Department and the Sheriff's Department will form a security advisory committee to review and provide advice regarding the Security Plan. In addition, prior tot he commencement of the public comment .period for the CEQA document, DDS will. provide the Pomona Police: Department and °the Sheriff's Department with.a reasonable opportunity to review and continent on the proposed security improvements for the Project and consult with them in good faith regarding any proposed modifications to such security improvements. Any modifications agreed tto by DDS shall be incorporated into the description of the Project in the CEQA Document and the Security Plan: 5. Phase -In. Plan. Prior to the commencement of the public comment period for the CEQA Document, DDS wi11 prepare a phase-in -plan (the "Phase=In Plan") for the transfer of severe behavior individuals from Porterville Developmental Center or other locations to LDC. The Phase -In Plan will include, among other things, the monthly schedule for the transfer of these individuals and their belongings, provided'that DDS shall not transfer theseindividuals at a rate that exceeds the ability of LDC staff and facilities to accormnodate them in a'safe, secure, and efficient manner and, in any event, shall not: transfer more than 70 severe behavior individuals to LDC in the first 60 days following the completion of the security and facility improvements which comprise the Project. 6. Public Hearing. DDS/DGS shall hold at least one public hearing, on a weekday evening in the Diamond Bar/Pomona/Walnut area, with respect to the CEQA Document and prior to DDS adopting or certifying the proposed CEQA Document or approving the Project. At the public hearing, the public will also have the opportunity to continent on the Security Plan and the Phase-in Plan. 7. Fencing: DDS shall install and maintain a new eight -foot fence around the perimeter of LDC to replace the existing perimeter fence. In addition, DDS shallinstall,and maintain a new eight -foot fence to replace the existing fence that begins near the project site and ends near the Highland Valley Drive entrance to LDC. Neither of the new fences will include any barbed wire and both fences will be painted in a shade of green that blends with adjacent open space and landscaped area. 8. Alternative Placement. When LDC staff determine that a severe behavior individual is ready for an alternative placement, LDC staff will initiate case management and discharge planning with the regional center that was responsible for the planning; support and services for that individual prior to his or her placement at LDC. Discharge planning will include the placement of each individual in the community in which that individual resided prior to placement at LDC: 3 r CITY OF DIAMOND RAR' AGENDA REPORT AGENDA NO.'62 TO: Honorable Mayor and Members of the City Council MEETING DATE: September 5, 2000 REPORT DATE: August 31, 2000 FROM: Terrence L. Belanger, City Manager TITLE Implementation of a 9/80 Alternative Mork Schedule SUMMARY At its July 18, 2000 meeting, the City Council discussed alternative work schedules and directed staff to study the issue and report back the findings, There are various types of alternative work schedules, which provide for extended hours of daily operation for their customers as compared to a traditional schedule. Staff conducted a survey of the 53 cities of the Los An, Division of the League of California Cities regarding alternative work schedules. If the City implements an alternative work schedule, it would be more practical to change the hours of operation commencing with the first day at the proposed new City lull location, the AQMD facility. RECOMMENDATION. Staff recommends that the City Council. 11. Adopt an alternative 9/80 program with City lull hours Monday through Thursday from 7.30 a.m. to 5.30 pens. and Fridays frons 7.30 a.m. to 4.30 p.m., 2. Commence the 9/80 program the first day operations begin at the proposed new City Hall location, the AQMD facility. 3. Direct staff to initiate a public awareness campaign prior to relocating. The campaignwould consist of press releases, newsletter articles,` cable announcements, and flyers. LIST OF ATTACHMENTS. X Staff Report —Public, Bearing Notification — Resolution(s) - Bid Specification Ordinance(s) Other: Agreement(s) EXTERNAL DISTRIBUTION - SUBMITTAL CHECKLISTa 1 Has the resolution, ordinance or agreement been reviewed Yes X No by the City Attorney? 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? NA Yes No 4. Has the report been reviewed by a Commission? NA � Yes � No Which Commission? 5. Are other departments affected by the report? Yes _ No Report discussed with the following affected departments. RE �IEI? >3Y. Terr ce L. Belanger David A. Doyle "Teresa Arevalo City Manager Deputy City Manager Senior Administrative Assistant TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Alternative; Work Schedule ISSUE STATEMENT Should the City implement an alternative work schedule? RECOMMENDATION Although there are several options available, the more viable option would be a 9/80 program with City Hall remaining open everyday and staff rotating off scheduled days. This would provide for eight additional hours every two weeks. Staff recommends that the City Council: 1 Adopt an alternative 9/80 program with City Hall hours Monday through Thursday from 7:30 a.m. to 5:30 p.m. and Fridays from 7:30 a.m. to 4:30 p.m.; 2 Commence the 9/80 program the first day operations begin at the proposed new City Hall location, the AQMD facility. 3 Direct staff to initiate a public awareness campaign prior to relocating. The campaign would consist of press releases, newsletter articles, cable announcements, and flyers. BACKGROUND/DISCUSSION At its July 1.8, 2®00 meeting, the City Council discussed alternative work schedules and directed staff to study the issue and report back the findings. If the City wishes to consider an alternative work schedule, it would be more practical to change the hours of operation commencing. with the first day at the proposed new City Hall location, the AQMD facility. It is a trend in many cities to have alternative work schedules. Reasons for adopting flexible work schedules include Air Quality Management District mandates, extended hours to serve customers, and remain competitive in the market place for recruitment and retention of qualified employees. All alternative work schedules provide for extended daily hours of operation for their customers as compared to a traditional schedule, which is typically Monday through: Friday from 8:00 a.m. to 5:00 p.m. Staff conducted a survey of cities regarding alternate work schedules. The 53 cities of the Los Angles Division of the League of California Cities were used for the survey. Following is the breakdown of the various types of schedules and the number of survey cities under each of the various types of schedules. 1. a Traditional hours — Offices open Monday through Friday. There are 19 of the surveyed .cities including Diamond Bar, on this type of schedule. 2. 4/10 Program — Offices closed one day per week. There are 11 of the surveyed cities on this type of program. Typical hours of operation are Monday through Thursday from 7:00 a.m. to 6:00 p.m. with offices closed every Friday. Although offices are closed every Friday, this program provides two additional hours of operation Monday through Thursday, with employees working ten- hour days, four days per week. 3. 4/10 Program — Offices open five days per week. There are 3 of the surveyed cities on this type of program. Typical hours of operation are Monday through Friday from 7:30 a.m. or 8:00 a.m. to 5:00 p.m. or 6:00 p.m. Instead of closing City Hall one day every week, staff rotates one day off every week (either Monday's or Friday's). This program provides 20 additional hours of operation every two weeks. 4. 9/80 Offices closed one day every other week. There are 10 of the surveyed cities are on this type of programa Typical hours of operation are Monday through Thursday from 7:30 am. to 5:30 p.m. and every other Friday starting at 7:30 or 8:00 a.m. and closing at 4:30 5:00, or 5:30 p.m. Although offices are closed every other Friday, this program provides for one additional hour of operation Monday through Thursday. 5. 9/80 - Offices open every day. There are IO of the surveyed cities on this type program. Typical hours of operation are Monday through Thursday from 7:30 a.m. to 5:30 p.m. and Friday from 7:30 a.m. to 4:30 p.m. Instead of closing City Hall one day every other week, staff rotates one y every (either Monday or Friday). This program provides for 8 additional hours da off eve other week e of operation every two weeks. IIdIPLEMENTATION FINDINGS OF OTHER CITIES The City of Walnut (9/80 open every day) provided input regarding the implementation of their flexible schedule. In a status report to the Walnut City Council, staff reported favorable reviews by staff and the residents and that there was an added` convenience to the public by having extended City Fall hours. The services that were utilized most during the extended hours were for the issuance of building permits and payment of parking fines. In addition, Walnut reported that through current levels of job and assignment cross training, adequate staff coverage had been maintained. The cross training where necessary was also an additional benefit of the 9/80 program. The City of Brea (9/80 closedalternate Friday's); although not one of the survey cities, also provided input regarding the implementation of their flexible schedule. In a status report to the Brea City Council, staff reported that customer reactions were very positive. They also found that the 9/80 schedule resulted in approximate annual cost savings of $87,000 due to reduced overtime and sick leave usage. The City of Brea also reported that there was a utility cost savings that could be attributed to the 9/80 schedule, as well as, improved employee morale. *Additional hours for customers Many cities on alternative work schedules implemented alternative schedules to provide extended daily hours of operation. Development Services receives requests to extend hours particularly for transit pass sales. Currently the Transportation Clerk is available the last Tuesday of the month until 6:30 p.m. Customers would also be able to access all services prior to going to work or after. *Increased Cross Training of Staff One advantage of moving to the AQMD facility is that there will be one counter instead of two. With one counter, cross training will be necessary. This will ensure that someone is available at all times, particularly during lunch or in the case of an absence. Considering this, the cross training that would be required to implement a flexible work schedule will already be in place, *Contractors who are typically on the job site by 8:00 a.m. would have early counter access five days per week. *Minimizes parking issues AQMD has indicated that many events, particularly on Friday's, impact parking. With the AQMD, operating on a 4/10 (Tuesday through Friday from 7:00 a.m. to 6:00 p.m. and offices closed every Monday) and City Hall on a flexible schedule with staff alternating Fridays these concerns could be minimized. For the reasons noted above, a 9/80 with offices open Monday through Friday .would be the more viable option. This program will provide a greater level of customer service and provide eight additional hours of operation every two weeks. Preparers by. Teresa Areval® Senior Administrative Assistant REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR 410* REGULAR MEETING OF THE BOARD OF DIRECTORS AUGUST 1, 2000 1. CALL TO ORDER: Chairman Huff called the meeting, to order at 10:04 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Agency Members Ansari, Herrera, O'Connor, Vice Chairman Chang and Chairman Huff: Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, Agency Attorney, James DeStefano; Deputy City Manager; David Doyle, Deputy City Manager; Davi6 Liu, Director of Public Works; Bob Rose, Community Services Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, Agency Secretary. 2. ' PUBLIC COMMENTS: None offered. 3. CONSENTCALENDAR: AM/Ansari moved, VC/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote - AYES: AGENCY MEMBERS - Ansari, Herrera, O'Connor, VC/Chang, Chair/Huff NOES: AGENCY MEMBERS - None_ ABSENT: AGENCY MEMBERS -' None 3.1 APPROVED MINUTES- 3.1.1 Special Meeting of June 30, 2000 - As submitted (VC/Chang abstained). 3.1.2 Regular Meeting of July 18, 2000 - As submitted (Chair/Huff and AM/O'Connor abstained). 3.2 REVIEWED AND APPROVED TREASURER'S REPORT - June 2000. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: None Offered. 2 .1.2 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE BOARD OF DIRECTORS AUGUST 15, 2000 1 CALL TO ORDER: Chairman Huff called the meeting to order at 8:49 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California: ROLL CALL: Agency 'Members Herrera, O'Connor, Vice Chairman , Chang and Chairman Huff. Agency Member Ansari was excused. Also present were: James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; Mike Jenkins, Agency Attorney; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: Martha Bruske believed it was inappropriate for the Redevelopment Agency to continue holding meetings since it failed to prevail in its appeal. In her opinion, the City of D.B. does not now have a Redevelopment Agency. CA/Jenkins explained that, in fact, the City does have a Redevelopment Agency. The decision of the Court of Appeal, which the Supreme Court declined to review, merely invalidated the Redevelopment Plan. The Redevelopment Agency is still in existence and stili may function in accordance with the law. 3. CONSENT CALENDAR: AM/O'Connor moved, AM/Herrera seconded, to approve Consent Calendar as presented. Motion carried by the following Roll Call voter AYES: AGENCY MEMBERS - Herrera, O'Connor, VC/Chang, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - Ansari 3.1 APPROVED VOUCHER REGISTER - dated August 15, 2000 in the amount of $4,644.25. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS:- None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: AM/O'Connor said that the Supreme Court handed down their ruling and she was very disappointed with the determination. VC/Chang said that what happened to the City is very unfortunate, very irritating and upsetting. Most residents believe that a 'Redevelopment Agency would help to provide a better future for D.B. Without the program, D.B. will suffer a -negative impact with respect to future economic development. Unfortunately, D.B. has a AUGUST 15, 2000 PAGE REDEVELOPMENT AGENCY small group of people who disagree with a Redevelopment Program. Other cities will benefit from funding resources of their own tax dollars, which Will help to revitalize their deteriorating areas and revitalize their economy. D.B. has many areas that are deteriorating which will not benefit from a redevelopment plan and the City's economy and infrastructure will be in jeopardy. He believed the detractors are working in the wrong direction and that they should go to the State and protest the - law. He pointed out how Brea and Laverne have benefited from a redevelopment plan. As a result, this City Council and future City Councils are under pressure to find funding sources to improve the City. As a result of the lawsuit promoted by a few residents, D.B. will not have access to $260 million from its own tax base over the next 45 years. That money is gone. The $3.5 million that was pulled from the City's resery=e fund to attract businesses to the community is gone. It will now be very difficult to further develop this City. However, Council and staff will continue to do its best to provide a -good future for the community and the community will not be divided as a result of the negative effort of a few citizens. Chair/Huff said he read two articles in the Los Angeles Times yesterday - one about a $1,000 robbery at a local bank and one about the Supreme Court refusing to hear this matter on appeal which, in effect, cost the City of D.B. $260,000,000 plus over the next 45 years. Which was the greater crime? The sad thingis that a former Council Member who swore to work on the citizen's behalf but shopped around for an attorney to fight his own City without any money up front. What kind of a man will do that to his own City? In effect, he took money out of the pockets of citizens to enjoy the `types of services and amenities that might have been possible. What are the types of things that this City has given up as a result of this lawsuit? The Redevelopment Project Area would have been a tool to address the Ralph's lease situation and blight in the Country Hills Towne Center; funding for an enhanced civic center - Library, sports complex, etc., using redirected property tax money; streetscapes; traffic mitigation for the Industry East project; 'aging infrastructure rehabilitation; revitalization of older commercial areas, which would provide additional tax revenue and more services to the community, etc. This is a sad day and this finding will have a profound impact on the future of D.B. ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the meeting at 9:06 p.m. LYNDA BURGESS, Agency Secretary ATTEST: - .. .. i_AxLBAR mi-rrL{ !` F' T - _hf,i_,jCy T y TC •. N DhE 0 t: �JI120 1 1604* 14 - VOUC .`FfrR ;-.7 tGISTER PA05E t - T. F� T?4f TT `t?Ni v �r rr :- �j.i-.,:, - - {�.-•fit. P {' f - ...0 - .� -'•-ave Sit r f: 4�3 t_' )`_• � 1 .. +.>:.3.4. "-._ -.A :^_• - _r't r.7i ._.:1_ ..__t..: __., n ^r z LYrr DIAMOND BAR REDEVELOPMENT AGENCY AGENDA REPORT AGENDA NO,lr!9& 3 TO- Terrence La Belanger, Executive Director MEETING DATE: September 05, 2000 REPORT DATE. August 29, 2000 FROM. Linda Go Magnuson, Finance Director TITLE: Treasurer's Report July 31, 2000 SUMMARY. Submitted for the Redevelopment Agency Board's review and approval is the Treasurer's Statement for the month of July 2000. 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 WhichCommission? 5. Are other departments affected by the report? N/A Yes _ No Report discussed with the following affected departments: REVIEWED BY. REVIEWED BY: DEPARTMENT HEAD: 1W Terrence La Belg r, David A. Doyle Linda G. Magnu io Executive Direct Deputy City Manager Finance Director DIAMOND EAR REDEVELOPMENT AGENCY REPORT AGENDA NO. MEETING DATE: September 05, 2000 TO.- Chairman and Members of the Board FROM: Terrence L. Belanger, Executive Director SUBJECT: Treasurer's Statement® July 31, 2000 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 July 2000Treasurer'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 July 2000. This statement shows the cash balances for the Redevelopment Agency, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY; Linda G. Magnuson DIAMOND BAR REDEVELOPMENT AGENCY TREASURER'S MONTHLY CASH STATEMENT July 31, 2000 ; SBidC .CCI C13810125�VISN , .P 4rCpF�T AtANOE REDEVELOPMENT AGENCY CPP FD $1,202,809.92 $48,848.20 $43,457.70 $1,208,200.42 LOUD. & MOD INCOME HOUSING FD - REDEVELOPMENT DEBT SVC FD - TOTALS $1,202,809.92 818,848,20 $43,457;70 $0.00 $1,208,200,42 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $162,591.29 TOTAL DEMAND DEPOSITS $162,591.29 INVESTMENTS; TIME CERTIFICATES 1,045,609.13 LOCAL AGENCY INVESTMENT FD 0.00 TOTAL INVESTMENTS $1;045,609.13 TOTAL CASH $1,208,200.42 Note: The Redevelopment Agencyapproved a development and disposition agreement with "Triple T Diamond Gateway, LLC This agreement requires the Agency to Invest $983,040.50 In a Time Certificate of Deposit. The agreement provides that the developer guarantee the current LAIF investment Tedd. The certificate of deposit has increased due to the Interest earned being reinvested into the account L.A.LF - Effective Yield for July 2000 6;443% Certificate of Deposit Yield (11/11/99-05/10100,1 4.550 Terrence L. Belanger, Treasurer d' t0.1 c� Q i N M >M N th 'd bg E9 V} O d _L L. 0. M t '7 r+ N M O C N 0 N C.) 46 ,VZ o Lu°w' C M le In? to N N v p p e 0 a N a? IL N ER froGo } Q }— CD co In CD V- cm N C tq N N M T M tom:. iQ T'. N a+ �,09. _ _ O to cc N co 01 O� _ Z ypr V< T T T tp T! le N G C T Q c jN 6R? 44 EBF Q ~ �,. >. �% (o N Q Ln Q th _ a O N R� O T r Q T- / r 61% d3 64` Eq M _Z ■�.W to V O Q O N t7) O: d 0 O Qi Cr � r tp T N e- to ui i •-V I— - V -r 61) 4A d} 69. Eg' y} 4f} V- S_ Q N m Ln O V p tl C7 co r' O ci N O N `U W r r 44 40. t�A 49- C1 � O M .J ca 0 M. `' N O N C" o 'o C 2_ O N N N r w LL E tN,. 49. EA !R 40.). 691- y, � L w LL M O N N L L Q Z w n N Q le M in N e CL t1 !O d A �i• co N r' M CO U� E9 6g EAL E9 ER to 'n Q� cul �s � tt Q ti Go O toC y+ r M d O j p o 'G *4 'a to C4 N r � e .0 M ra 4A. EI} 409 IR f!} {q T t0 N y. A �+ O 11 =_ to Of e i 7' L v O �0 -a LO to ti O to C r M M r to O T N1 L. U) t ol, WD. tts fss Im 0) O O p J i� C m y+ L N 0 a y } v Z m 2Fa- mO .= O 0)p u.�ti a O z + a .W c; d ai W F" w a H �, v, w v, V w V 0 0 w ci � ... �... W3,a z z z z` DIAMOND BAR REDEVELOPMENT AGENCY AGENDA REPORT AGENDA NO TO Honorable Chairman and Board Members MEETING DATE: September 5, 2000 REPORT DATE: August 29, 2000 FROM: Linda G. Magnuson, Finance Director TITLE: FY 1999-2000 Purchase Order Carryover Budget Adjustment SUMMARY: Fiscal Year 1999-00 ended on June 30, 2000. Since that time, staff has been closing out the fiscal year. Part of this process has been to evaluate all purchase orders (P.O.$) which have remained opened and encumbered at the end of the fiscal year. The attached list contains all P.O.s that have been identified as carryover purchase orders. These are for items and/or services, which had either been ordered or contracted for but not completedor received by June 30. Since the encumbered' budget lapsed at year-end, it is necessary to adjust the FY00-01 budget' to allow for these prior year encumbrances. In effect, the Redevelopment Agency will just carry forward the applicable portion of the FY99-00 budget. RECOMMENDATION. Approve the attached Purchase Order Carryover in the amount of $647,787.04, and authorize the necessary adjustment to the FY00-01 Municipal Budget. LIST OF ATTACHMENTS: —Staff Report _ Public Hearing Notification Resolution(s) Bid Specification (on file in City Clerk's office) — Ordinance(s) X Other: PO Carry Over Listing 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? Yes No 4. Has the report been reviewed by a Commission? Yes No Which Commission? 5. Are other departments affected by the report? Yes _ No Report' discussed with the following affecteddepartments: REVIEWED BY: (` V sr e Terrence L. Belan r David ,oyl Liag M da G. u n City Manager Deputy City Manager Finance Director DIAMOND BAR REDEVELOPMENT AGENCY FY 99-00 PURCHASE ORDER CARRY OVER PO # VENDOR ACCOUNT PROJECT # AMOUNT - 7014 Dewan Lundin & Assoc 610-7110-46411 38,938.50 7414 Urban Design Studios 610-7110-44000 21,820.00 9468 Warren Siecke 610-7110-46412 R1500 3,135.00 9468 Warren Siecke 610-7110-46412 R1300 3,135.00 9468 Warren Siecke 610-7110-46412 R1400 3,135.00 9468 Warren Siecke 610-7110-46412 R1100 3,135.00 9468 Warren Siecke 610-7110-46412 R1200 3,135.00 9468 Warren Siecke 610-7110-46412 R1000 13,287.00 9469 Linscott Law & Greenspan 610-7110-46412 R0900 928.82 9470 Warren Siecke 610-7110-46412 R0800 5,985.00 9471 - Warren Siecke 610-7110-46412 R0700 3,010.00 9366 Kosmont & Associates 610-7110-44000 45,780.22 9509 Rosenow Spevacek Grp 610-7110-44000 12,362.50 P.O.s for BCR-GIdn Spg/Pthfndr 13399 500,000.00 $647,787.04' Proposals will be received by the City of Diamond Bar, hereinafter called the "City," at the office of the Department of Community and Development Services, 21660 E. Copley Drive, Suite 190, Diamond Bar, California 91765, until 10:00 a m.,`August 22,2000. B. Proposal Form To preserve uniformity and to facilitate the award of a contract, all proposals must be summarized on the "Proposal Form, Street Sweeping Services" provided (Appendix "X'). However, supplementary sheets should be added as necessary to supplement and . clarify responses to this Request for Proposal. Failure to use City form shall be grounds for non -consideration of the proposal. In addition, all proposals must comply with the following: 1. .All submittals must meet the requirements set forth in the Request for Proposal. 2. All figures and notations' must be typed or written in ink. Penciled proposals are not acceptable: 3. All proposals must be submitted in a sealed envelope, addressed to the City at the above -referenced address. Each sealed envelope containing a Proposal must be plainly marked on the outside as "Street 'Sweeping Services" with Contractor's name, address, and his/her license number, if applicable. If forwarded by mail, the sealed envelope containing the Proposal must be enclosed in another envelope addressed to the City of Diamond Bar, c/o Department of Community and Development Services, 21660 E. Copley Drive, Suite 190, Diamond Bar, California, 91765. 4 A statement that this RFP shall be incorporated in its entirety as a part > of the Contractor's quote. 5.' A statement that this RFP with all of it's Appendix and the Contractor's proposal will jointly become the Scope of Work (Exhibit "A" and Exhibit `B" of the contract agreement) for this project. 6. A written statement of your firm's willingness to accept the terms of the agreement. 7 A statement that the services to be provided, and fees therein, will be, in accordance with the City's RFP. 8 A single and separate section with the heading "Exceptions to the City's Request for Proposals" containing a complete and detailed description of all; of the exceptions to the provisions and conditions of this RFP upon which the Contractor's proposal is contingent and which shall take precedent over this RFP. 9. A Statement of Qualifications as explained in Section, I -G. (Qualification of Proposers). 10. A written statement by the Contractor that all federal laws and regulations shall be adhered to notwithstanding any state or local laws and regulations. In case of conflict between federal, state, or local laws or regulations, the strictest shall be adhered to. 11. A written statement by the Contractor shall allow all authorized federal, state, county, and the City of Diamond Bar officials access to place of work, books, documents; papers, fiscal, payroll materials, and other relevant contract records pertinent to this project. All relevant records shall be retained for at least five (5) years. 12. A written statement that the Contractor will not discriminate against any employee or, applicant for employment because of race, color, religion, sex, or national origin. 2 3. Reports of references, and the willingness to agree to all terms of the Professional Services Agreement. 4. Fee The City of Diamond Bar reserves the right to accept or reject any or all proposals or to waive any defects or irregularities in the proposals or selection process. F. Execution of Agreement The agreement shall be signed by the successful proposer and returned with the "required bonds within ten (10) days, not including Sundays and legal holidays, after the City has provided written . notice that the contract has been awarded. Failure ; to execute an agreement and file acceptable bonds and insurance documents as provided herein shall be just cause, at City, option, for annulment of the contract award. Should the successful proposer decline to execute a contract, City Council has the option to either reject all proposals and call for new proposals or accept one of the other proposals. G. Qualifications of Proposers All proposers shall furnish satisfactory evidence to the City that they, have operated or are presently operating _a_' streetee_t sweeping service of the type similar to the operation described herein, and that they have successfully done so long enough that their experience will enable them to maintain operations under all conditions prevailing in this area. If they have not operated such a system, they must show that they have had sufficient experience in comparable fields or employ qualified personnel to comply with the requirements of this agreement. 1.. Work History: In order. to determine the eligibility of the proposers, proposers shall submit a work history 'listing, of other public and private entities for whom the proposer has performed similar work, including names, addresses, fax .and telephone numbers. Existing c ill be !subject to inspection by the City. Proposers withoutthe experiencesherein described but with sufficient experience in a comparable field should show that they will have responsible management personnel who are qualified to plan, supervise, direct, and operate the service delineated in the specifications and contract. The names and experience of such personnel shall be listed b all ll proposers who do not have the required; experience. 2. Ke, 'Personnel: As an attachment to the proposal, all proposers shall include a listing, with qualifications, of personnel who have had experience in operating a comparable system and who have agreed to, work in the performance of this agreement, 3. Equipment: As an attachment to the proposal, all proposers shall include a detailed inventory of equipment available for use on the Contract. This inventory should include a detailed listing of the Contractor's equipment and all accessories by type, by model, year of manufacture, and anticipated remaining useful life as of the date of the 4' The need for additional sweeping may be because of storm, fire,; flood, parade, public gathering, not, or other natural or unanticipated occurrence affecting the cleanliness of the streets and highways. The additional sweeping may be in lieu of or in addition to the regularly scheduled sweeping as ordered by the City Manager or his designee. Additional sweeping will normally be confined to sweeping the curb lane. If, however, additional sweeping requires the total width of -the street(s) to be swept, then compensation will be at the contract unit price per curb -mile. All sweeping ,shall be done with sufficient passes to achieve the results set forth in the Standard of Performance. Minimum payment will be for sixteen (16) curb -miles. Notwithstanding the above, the City has the option on additional sweeps to compensate the Contractor on an hourly basis where it is difficult to determine curb -miles swept in:a non -routine manner. In these cases, the hourly rate paid by the City to the Contractor shall be equal to four times the contract unit price per cur -mile. Minimum payment will be four (4) hours. G. 'Schedule Disruptions During the contract time, the Contractor shall sweep the designated public streets and alleys at least bi-weekly, including all curbed medians, in accordance with a schedule to be approved by the City Manager or his designee. When, in opinion of the City Manager or his designee, inclement weather prevents adherence to the regular sweeping schedule, the City Manager or his designee may require the sweeping areas so affected to be swept prior to the next sweepingschedule. Any such required sweeping made necessary by inclement weather shall meet the requirements of the Standard of Performance and shall be performed by the Contractor at the normal curb -mile price in effect at the time and will not be considered additional sweeping as defined in Section, III' -F (Additional Sweeping). When any holiday occurs on a regularly scheduled sweeping day, and said sweeping area is not swe t in observance of said holiday, the subject sweeping area shall, when ordered by the Cit Manager or his designee, be swept within two (2) working days of the regular sweeping ay without interruption in the regular sweeping schedule. Holidays are: New Years Da-, Presidents Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, and Christmas.' Any such requested sweeping shall meet the requirements of the Standard of Performance and shall be performed by the Contractor at the curb -mile price in effect at the time and shall' not be considered additional sweeping. In the event the Contractor is prevented from completing the sweeping as provided in the approved schedule because of reasons other than inclement weathet or holidays, it will be required to complete the sweeping services so deferred within two (2) working days without interruption in the regular sweeping schedule. H. Added and Deleted Streets It is the intent of this contract to provide for the bi-weekly sweeping of all curbed streets and improved alleys within the "incorporated area shown on the map. ;As streets and alleysare improved or annexed, they will be added to the bi-weekly sweeping schedule. Compensation to the Contractor will be based on curb miles added multiplied by the current contract unit price. Streets and alleys initially included in the schedule that are vacated by the order of the City Council will be deleted from the schedule and the affected curb mileage deducted from the contract quantities. Additions and/or deletions of curb mileage may affect the approved` schedule and appropriate adjustments will be allowed subject to approva-1, by the City Manager or his designee. I. Utilities The Contractor shall recognize the rights of utility companies within the public right of way and their need to maintain and repair their facilities. The Contractor shall exercise due and proper care to prevent damage to utility facilities and to adjust schedules when utility operations prevent the Contractor from sweeping during a specified time frame. No additional compensation will be allowed for complying with these requirements. J. Construction, Schedule and Commencement of Work A complete schedule of bi-weekly sweeping shall be submitted to the City Manager or his designee for approval prior to any work being done under, this contract. It is the intent of the City to coordinate street sweeping activities with trash pickup and tree watering activities. The schedule shall include the ` curb miles of streets, alleys and submitted as part of the schedule, showingthe streets alleys and median map shall be medians to be swept daily as well as the daily starting time. Also, a routes to be swept Y P each day by the Contractor. The Contractor shall indicate the doll sweeping route on the maps in an appropriate and understandable manner that is acceptable to the City Manager or his designee. Changes in the schedule for `the convenience of the Contractor will require approval by the City Manager or his designee prior to being included in the bi-weekly work. The Cityreserves,the right to require the Contractor to sweep specific areas on specified days and -a specified times of the day. The following guidelines will generally be applicable. 1. Sweeping of streets that have posted parking' restrictions 'specified for street sweeping (if applicable) shall only be swept during the posted day and 'hour. 2. Areas shall not be swept on the same day trash pickup is scheduled. Whenever feasible, sweeping shall be scheduled the day after trash pickup. The Contractor, working with the City, shall be responsible for determining when trash pickups are scheduled. 9 Appendix `All PROPOSAL FORM STREETSWEEPING SERVICES The undersigned as proposer, declares that he has carefully examined the location of the proposed work, that he has examined the Specifications and read the accompanying instructions to proposers, and hereby proposes and agrees, if the proposal is accepted, to furnish all materials and do all work required by Specifications and Agreement. Name of Company: Address: Phonelfax: Contact Person: Years in business: Rates:' Arterials (weekly) $ Per Year $ Per Curb -mile' (bi-weekly) $ Per Year $ Per Curb -mile Alleys (weekly) $ Per Year $ Per Curb -mile (bi-weekly) $ Per Year $ Per Curb -mile Collector/Residential (weekly) $ Per Year $ Per Curb -mile (bi-weekly) $ Per Year $ Per Curb -mile Center Medians (weekly) $ Per Year $ Per Curb -mile (bi-weekly) $ Per Year $ Per Curb -mile 13 Appendix `B" STREET SWEEPING SERVICES AGREEMENT F. The City's Rights to Employ Other Contractors - The City reserves the right to employ other contractors in :connection with the subject matter of the Scope of Work. It is understood by the City that the rights reserved by this paragraph pertain to the City aggregating various street maintenance and repairwork, such as street paving, into one project and separately bidding and awarding a contract for that project. G. Contractor's Records — Contractor shall keep records and invoices in connection with its work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement. All such records shall be clearly identifiable; Contractor shall allow a representative of the City during normal business hours to examine, audit, and make transcripts or copies of such records. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement fora period of five (5) years from the date of final payment under this Agreement; 5. Addresses. City: Terrence Belanger, City Manager Contractor: City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall liability have no ' 'ower to incur an debt obligation, or p y g , iabihty 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 Contractor; or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, Irepresent that it or any of its agents or employees are in any manner agents or employees of City. Except as specified in writing by the City, Contractor shall have no authority, expressed or implied, to incur any, obligation or liability against the City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. ` C. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 17 7. Standard of Performance. Contractor shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his designee. 8. Indemnification. Contractor 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 Contractor to perform those services and duties. To the fullest extent permitted by law, Contractor 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 Contractor 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 lawn 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. Contractor 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. 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 out of or incident to activities or operations performed by or on behalf of the Contractor 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 Contractor; then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9 Insurance Contractor shall ' at all times during the term of this Agreement carry, maintain, and keep in fu11 force and effect, with an insurance company admitte to do business in California and approve-- by the City (1) a policy or policies of `broad -form comprehensive general liability insurance with minimum -limits of $5,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts" by Contractor, its officers; employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $10,000,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $1,000,000.00; and: (4) worker's compensation lid 'I 1974 (the "Act"), which (1) requires such persons to disclose financial interest that may forseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will forseeably financially affected such interest. If subject to the Act, the Contractor shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. B. Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon thirty (30) days written notice to ''Contractor. 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 Contractor for services satisfactorily completed and approved prior, to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. Contractor may terminate this Agreement, or any program or service provided hereunder, at least ninety (90) days in advance of such termination. If this Agreement is terminated by the Contractor, the Contractor shall be compensated for services satisfactorily completed and approved prior to the effective date of termination. A. Breachof Agreement — If the Contractor defaults in ie performance of any of the terms` or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory p rformance. In the event that the Contractor fails to cure its default within such period of time, the, City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without 4urther notice and without prejudice to any other remedy to which it may be entitled by law, in equity, or under this Agreement. The failure of the City to object to any default in the performance of the terms and conditions of this Agreement shall not constitute a waiver of either, that term or condition or any other term or condition of this Agreement. B. Mediation Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation services shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto, In the event the parties are unable to mutually agree' upon the mediator to be selected hereunder, the City.0 uncil shall select such a neutral, third party mediation service and the City Council's decision shall be fi al. The parties agree to utilize their good faith g efforts to resolve any such dispute or controversy so'sub mitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any sucl i dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions pr cedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy, 14. Personnel. Contractor 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 Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor -line the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but 20'' I City reserves the right,. for good cause, to require Contractor to exclude any employee from performing services on City's premises. 15. Financial Condition. Prior to entering into this Agreement, Contractor has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expectedto 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, Contractor shall submit such financial information as may be appropriate to establish to the satisfaction of the City Manager that Contractor 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 Contractor after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Contractor 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; e apprenticeship. ;rates of pay or other ,forms of compensation; and selection for training, including B. Contractor will, in all solicitations or advertisements for employees 'placed by or on behalf of Contractor 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. Contractor 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. Contractor shall not assign or transfer any interest in th s Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, o obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. This Contract shall take effect October 1, 2000, and shall continue until September 30, 2005, with the possibility'of merit renewals, unle s; earlier terminated pursuant to the provisions herein. However, this contract will be subject to annual reviews prior to commencement of work for the following year. This review will evaluate 'work performed and Ievel of service provided. 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 Contractor prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Contractor to correct the inadequacies, or, in the alternative,' may terminate this Agreement as provided herein. 19. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and 'regulations of the federal, state, and local governments. Contractor shall keep itself informed 21` of all State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Contractor shall, at all times, observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity by reason of the failure of the Contractor to comply with this paragraph. A. ` To the extend that any or all of the services described in Exhibit "A" are or may be funded by other governmental entities, Contractor shall comply with all applicable rules and regulations to which the City is bound with the agencies providing the funding. B. Prevailing Wages: 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 ratesofper 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 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 Contractor 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 Contractor, 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 contractors. 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, certified, 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. Los Angeles County shall be the venue for any legal proceedings, including mediation, arbitration, or court actions that are initiated regarding this Agreement. 22 25