HomeMy WebLinkAbout09/18/2001city Council Agenda
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Tuesday, September 18, 2001
5:30 p.m. — Study Session — CC -8
6:30 p.m. — Regular Meeting
South Coast Air Quality Management District/The Government Center
Main Auditorium
21865 East Copley Drive
Diamond Bar, CA 91765
Mayor Bob Huff
Mayor Pro Tem Carol Herrera
Council Member Eileen Ansari
Council Member Wen Chang
Council Member Debby O'Connor
City Manager Linda C. Lowry
City Attorney Michael Jenkins
City Clerk Lynda Burgess
Copies of staff reports or other written documentation relating to agenda items are on file
in the Office of the City Clerk, and are available for public inspection. If you have questions regarding
an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours.
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DIAMOND BAR CITY COUNCIL RULES
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NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
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CHANNEL 17.
STUDY SESSION:
Next Resolution No. 2001 -53
Next Ordinance No. 02 (2001)
5:30 p.m., CC -8
Review of proposed building materials for the Senior/Community Center Project
1. CLOSED SESSION:
2. CALL TO ORDER:
None
6:30 p.m., September 18, 2001
SPECIAL INVOCATIONIOBSERVANCE: Invitations have been
extended to members of the clergy throughout the community to participate.
PLEDGE OF ALLEGIANCE: Mayor
"AMERICA THE BEAUTIFUL": Lead by Mary Hall
ROLL CALL: Council Members Ansari, Chang, O'Connor,
Mayor Pro Tem Herrera, Mayor Huff
APPROVAL OF AGENDA: Mayor
3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.A.1 Presentatio-ns to Carol Herrera, Outgoing President of Los Angeles County
Division of the League of California Cities.
3.A.2 Presentation of Edison Rebate Check to the City by Rick Meza.
3.A.3 Proclaiming October 1-5, 2001, as "Ride Share Week."
BUSINESS OF THE MONTH:
3.A.4 Presentation of City Tile to South Coast Cabinets, Inc., Dante Senese, owner.
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
SEPTEMBER 18, 2001 PAGE 2
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.
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 DIAMOND BAR COMMUNITY FOUNDATION — September 20, 2001 — 7:00
p.m., Room CC -8, AQMD/Government Center, 21865 E. Copley Dr.
5.2 DIAMOND BAR DAY AT THE LOS ANGELES COUNTY FAIR — September
21, 2001 - Horse Race named in honor of the City of Diamond Bar, Post time
4:00 p.m.
5.3 PLANNING COMMISSION — September 25, 2001 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 E. Copley Dr.
5.4 PARKS AND RECREATION COMMISSION — September 27, 2001 — 7:00
p.m., AQMD/Government Center Board Hearing Room, 21865 E. Copley Dr.
5.5 CITY COUNCIL MEETING — October 2, 2001 — 6:30 p.m., AQMD/
Government Center, 21865 E. Copley Dr.
5.6 STATE LANTERMAN COMMUNITY ADVISORY COMMITTEE — October 11,
2001 — 7:00 p.m., Research Conference Room, Lanterman Development
Center, 3530 W. Pomona Blvd., Pomona
6. CONSENT CALENDAR:
6.1 CITY COUNCIL MINUTES:
6.1.1 Study Session of August 21, 2001 —Approve as submitted.
6.1.2 Regular Meeting of August 21, 2001 — Approve as submitted.
6.1.3 Study Session of September 4, 2001 — Approve as submitted.
6.1.4 Regular Meeting of September 4, 2001 — Approve as submitted.
Requested by: City Clerk
6.2 PLANNING COMMISSION MINUTES - Regular Meeting of July 24, 2001 —
Receive and File.
SEPTEMBER 18, 2001 PAGE 3
Requested by: Planning Division
6.3 VOUCHER REGISTER —Approve Voucher Register dated September 18,
2001 in the amount of $517,753.63.
Requested by: Finance Division
6.4 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND IN THE
AMOUNT OF $6,120 FOR LOT 21 OF TRACT 30577 (24002 FALCONS
VIEW DRIVE, COUNTRY ESTATES)
Recommended Action: Approve the exoneration and direct the City Clerk to
notify the owner and Bank of America of this action.
Requested by: Public Works Division
6.5 AUTHORIZE EXTENSION OF CONTRACT WITH MANAGING
TECHNOLOGY SOLUTIONS INTERNATIONAL, INC. (MTSI) FOR
INFORMATION TECHNOLOGY SUPPORT SERVICES IN THE AMOUNT
OF $10,000.
Recommended Action: Authorize the City Manager to extend the existing
contract with MTSI for Information Technology personnel for an additional
two months of service.
Requested by: City Manager
6.6 BREA CANYON ROAD STREETSCAPE PROJECT:
(a) ALLOCATION OF $75,680.00 FROM THE UNAPPROPRIATED
PROPOSITION A FUND BALANCE TO INCREASE THE BREA CANYON
ROAD PROJECT BUDGET BY $75,680.00; AWARD THE BREA CANYON
ROAD STREETSCAPE AND STREET IMPROVEMENTS PROJECT TO
GRIFFITH COMPANY IN THE AMOUNT OF $2,158,246.00 AND
AUTHORIZE A CONTINGENCY AMOUNT OF $105,000.00 FOR PROJECT
CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A
TOTAL AUTHORIZATION AMOUNT OF $2,263,246.00.
Recommended Action: Approve allocation of $75,680, award a contract to
Griffith Co. and authorize a contingency amount of $105,000.
(b) AWARD OF INSPECTION SERVICES CONTRACT FOR THE BREA
CANYON ROAD 'STREETSCAPE AND -STREET IMPROVEMENTS
PROJECT TO DEWAN, LUNDIN & ASSOCIATES IN THE AMOUNT OF
$89,001 AND AUTHORIZE A CONTINGENCY AMOUNT OF $8,900 FOR
PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY
MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $97,901.
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SEPTEMBER 18, 2001 PAGE 4
Recommended Action: Award a contract to Dewan, Lundin & Associates in
the amount of $97,901.
(c) - RESOLUTION NO. 2001 -XX: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PROGRAM
SUPPLEMENT NO.M003 TO THE ADMINISTERING AGENCY -STATE
AGREEMENT NO. 07-5455 FOR GRANT FUNDS FOR THE
CONSTRUCTION OF THE BREA CANYON ROAD STREETSCAPE AND
STREET IMPROVEMENTS PROJECT.
Recommended Action: Adopt Resolution No. 2001 -XX and direct the City,
Clerk to forward the two signed originals of the Program Supplement to the
State Department of Transportation for final execution.
Requested by: Public Works Division
6.7 APPROVAL OF A BUDGET APPROPRIATION OF $50,000 TO IMPLEMENT
A HOUSEHOLD HAZARDOUS WASTE COLLECTION AND RECYCLING
SERVICE, TO BE MADE AVAILABLE TO ALL RESIDENTIAL UNITS
BEGINNING NOVEMBER 1, 2001, FROM THE UNAPPROPRIATED
INTEGRATED WASTE MANAGEMENT FUND BALANCE.
Recommended Action: Approve appropriate of $50,000 and enhance the
household hazardous waste collection program beginning November 1, 2001.
Requested by: Public Warks Division
6.8 AUTHORIZATION TO EXCEED THE CITY MANAGER'S PURCHASING
AUTHORITY OF $15,000 FOR TEMPORARY EMPLOYMENT SERVICES
THROUGH APPLE ONE OR REMEDY TEMP. OR OTHER TEMPORARY
EMPLOYMENT AGENCIES NOT TO EXCEED TOTAL EXPENDITURES IN
THE AMOUNT OF $74,000.
Recommended Action: Approve the increase in,purchasing authority for the
City Manager to provide temporary services staffing.
Requested by: City Manager
6.9 RESOLUTION NOS. 2001 -XX, 2001 -XX AND 2001 -XX TO AUTHORIZE
AND APPROVE SELF-INSURANCE OF WORKERS' COMPENSATION
FOR ITS EMPLOYEES AND VOLUNTEERS THROUGH THE SELF-
INSURANCE AND LOSS POOLING PROGRAM OF THE CALIFORNIA
JOINT POWERS INSURANCE AUTHORITY (CJPIA)
RECOMMENDATION: Adopt three titled Resolutions.
Requested by: City Manager
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SEPTEMBER 18, 2001 PAGE 5
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be
heard. None
8. OLD BUSINESS:
8.1 APPROVAL OF THE NEW DESIGN FOR BUS SHELTERS, BUS BENCHES
AND TRASH CONTAINERS FOR THE CITY'S BUS STOPS.
Recommended Action: Approve the design elements as presented.
Requested by: Community Services
9. NEW BUSINESS:
9.1 APPROVAL OF A CITY -OPERATED TABLE TENNIS PROGRAM AT
HERITAGE PARK COMMUNITY CENTER AT A COST OF $6,713.
Recommended Action: Approve the Parks & Recreation Commission
recommendation to operate the Table Tennis Program as proposed.
Requested by: Community Services Division
10. COUNCIL SUB -COMMITTEE REPORTS /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.
11. ADJOURNMENT: This meeting will be adjourned in memory of the victims
of the World Trade Center and Pentagon tragedies on September 11, 2001.
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SOUTHERN CALIFORNIA
MR.. ,..
or
ASSOCIATION of
GOVERNMENTS
Main Office
40
A
August 2, 2001
Honorable Robert S. Huff
Mayor
City Of Diamond Bar
21660 E. Copley Dr., # 100
Diamond Bar, CA 91765-4177
a
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818 West Seventh Street
Dear Mayor Huff:
lith Floor
Los Angeles, California On October 1-5, millions of commuters throughout California will leave
90017.3435 their vehicles at home and carpool, take transit, bicycle or even walk to
work as part of the sixteenth annual Rideshare Week. It is the largest
t (213) 236-i800 event of its kind in the nation, and a great opportunity for cities to show
f (213) 236-1825 their commitment to reducing traffic congestion and smog.
www.scag.ca.gov
OlGcers: President: Supernsoi 3— M•Ynl , County
of San Bernardino • Fit. Vice President
Crnmolseaber Hal Benison, Los Angeles
SeeondVice Presrd-L C.uncdir—bei Bev Perry,
Brea • lmmeaiate Past P— 4-- Mayor Pro T
Ron Rates, Los Alinantos
Imperial County Hank Kmu¢, Imperial County
Dared DlnBon, Rl cm—
Los Angeles County Yvonne Brathwarte 11-ke,
Los Angeles Coiuity - Z-Yarnslaysky, Jos Angeles
County Harry Baldwin, San Gabriel • Bruce
Barrows, Cerritos • George Bass, Sell • Hal
Benison, Los Angeles • Robert Biursch, Rosemead
• Gene Daniels, Paramount • JoAnne Daffy, Santa
Clanra • Ruth Gabnter, Los Angelas • Eric Garcem,
Los Angeles • Ray Grabmski, Long Beach •Janes
Hahn, Los Angeles •Janice Hahn, Los Angeies
Dee Hardivon, Torrance • Nate Holden, Lo,Angsles
• Sandra Jacobs, E Segundo • Lawrence Kvkley,
Inglewood • Bonnie Lovremhal, Long Beach -
Keith MoC nhy. Downey • Cindy bhsnkowski, Los
Angeles • Stacey Murphy, Burbank • Pam
O'Connor, Santa Monica • Nick Pacheco, Los
Angeles • Alex Padilla, Los Angeles • Jan penis, Los
Angeles• Beatrice Proo, Acre Rivera • Mark Ridy-
le
Thomas, Los Angeles - Ed Rcyes, Los Angeles -
Kaen rRovimdial, Clacenont • Dick Stanford, Azusa
• Tom Sykes, Walnut • Paul Talbot. AL' rnhra -
SidneyTyler, Jr, Pasadena • Joel Wachs, Los Angeles
• De— W Sh,,m Calabasas • Jack Weiss, Los
Angeles • Dennis P Zine, Los Angeles
Orange Cormty Charles Snnh, Orange County
Ron Bates, LOSAI -tor • Ralph Bauer, Hunungtou
Beach • Art Rrosvn, Bum, Park • Lou Bone, Tann
• Eli -beth Cowan, Costa Mesa • Cathryn. DY.—g,
taguna
Niguel • Richard Dixon, Lake r- • Alta
Duke, La Palma • ihieley McCrickso, Anaheim
Bev Perry, Bria • rod Ridgeway, Newpan Beach
Riverside Country; Bob Buster, Rr ,de coainty
Ron L—aidge, Ri—de • Greg petns, Cabodral
City • Aon Roberts, T inecula - Jan Rudman,
Corona • Chicles whits, Mur, valley
San Bernardino County: jun Mikels, San
Bernardino County • Bill Al—dei, Rancho
cn� riga . m a B h eman, Pon.ana •Lee Ann
Garda, Grand T aca • Bob Horner, Vactoruille
Gwenn Notionn-Perry Chino Hills • Judith Valles,
San Bc-.,h ro
V tura Cormty; Judy Mikels, vmtur_ County -
Cle , Becerra, Sum Valley • Donna De Paula, Snn
Buenaiventura •iYoung, Pon Hueneme
Riverside Cormty Transportation Commission:
Robin Lowe, Hemet
Ventura County--laortathur Commission;
Dill Davis, Srt-u valley
® Plaited an leryded Faper 559-7/3/01
I encourage you to join the other cities throughout the SCAG region that
are issuing proclamations declaring October 1-5 "Rideshare Week."
SCAG's Rideshare Services will promote the event through an extensive
media campaign that is already underway. The support that you lend
would provide an invaluable boost to publicity efforts.
Enclosed is a list of ideas on how your city can play a leadership role in
the Rideshare Week 2001 campaign. This information is also being sent
to your city manager.
On behalf of SCAG's Rideshare Services, I thank you for your efforts to
promote alternatives to driving alone and provide a valuable service to
your businesses and residents.
For more information about the campaign, please contact Al Rangel
with SCAG's Rideshare Department at (661) 273-2425 or
rangel@scag.ca.gov.
Sincerely,
(//�
o�Mikels
President, SCAG
Supervisor, County of San Bernardino
Enclosures
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Issue a proclamation declaring October 1-5
"Rideshare Week 2001" in your jurisdiction
2 Distribute Rideshare Week "pledge cards" at city
offices, libraries, and city events as well as on buses
or city shuttles.
3 Post an announcement on your city marquee and
bulletin boards, city web page, or local public access
TV calendar of events.
/AN Print a pledge card in your city newsletter/guides
5 Include an article on Rideshare Week in your city
newsletter/gu ides.
6 Post a Rideshare Week display at community events
7 Run a Rideshare Week promotion on your transit
lines, such as a "friends ride free" day or discount
pass promotion.
g include advertisements on your buses or include a
Rideshare Week message in your transit print or
radio advertising.
clean air► less traffic
®a better commute
r How SCAG Can .®®
• We request that proclamations be mailed to our
offices at the address below.
• We can supply pledge cards (which qualify
residents for prizes, including $i,000 in free fill -
ups at the pumps!). Send in the enclosed form.
Sample text can be provided.
• Pledge card artwork is available on our website.
• Sample newsletter article is enclosed.
• Posters and brochures are available for your use.
• Cali us to learn what other transit providers will
be doing that week.
• Artwork for printing bus boards or ads is
available on disk; a limited supply of pre-printed
materials may also be available.
a Provide Rideshare Week posters to local businesses • Posters are available free.
through your chamber of commerce or
1 other outreach.199000L— 1
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SOUTHERN CALIFORNIA
AW
ASSOCIATION of GOVERNMENTS —AW
Southern California Rideshare—
—
818 West 7th Street, 12th Floor, Los Angeles, California 90017 -- VENTURA COUNTY
NTY
www.socalcommute.org TRANSPORTATION COMMISSION
, 1286 6/01
MINUTES OF THE CITY COUNCIL 40
STUDY SESSION OF THE CITY OF DIAMOND BAR 4#
AUGUST 21, 2001
STUDY SESSION: 4:15 p.m., The Government Center Room CC -8
a. Discussion regarding the Community/Senior Center Project
b. Diamond Ride (Dial -A -Cab) Program Modifications.
CALL TO ORDER: Mayor Huff called the study session to order at 4:15 p.m.
in the South Coast Air Quality Management District/Government Center Auditorium,
21865 E. ,Copley Drive, Diamond Bar, California.
ROLL CALL: Mayor Huff, Mayor Pro Tem Herrera, and Council
Members Ansari, Chang and O'Connor.
Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney;
James DeStefano, 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.
2. DISCUSSION:
(a) Diamond Ride (Dial -A -Cab) Program Modifications:
C/O'Connor believed that this system was established to assist seniors and
handicapped individuals with their shopping, doctor visits, etc. She did not
believe it was ever intended to be used by individuals on a daily basis to get
to work or school.
C/Chang said there are many in need of this service; however, those who
take advantage of the system cause additional burden and cost to the
program and to the City. He believed the system needs to be regulated
accordingly.
MPT/Herrera suggested that there be more controls and restrictions placed
within the program. She was particularly concerned about out-of-town
programs, particularly trips to shop outside of D.B. and/or to pickup trains for
the purpose of shopping outside D.B. She wanted to maintain the program
for those who cannot drive and must be delivered to medical centers in D.B.
and its immediate area. She felt that the system should not be used to
transport individuals to airports. Fundamentally, those who can afford an
airplane trip should be able to afford the fare to get to and from the airport.
A member of the public said she uses the system to get to the airport. She
agreed with MPT/Herrera that the system should be used to assist those who
are in need.
Lonnie Goldsmith did not know how the City would control the use. She felt
it was totally out of line for people to use the service to go to the airport to
pick up their friends and bring them back to D.B. and that such use spoils the
program for those who really need the service.
AUGUST 21, 2001 PAGE 2 CITY COUNCIL
C/Ansari_ suggested charging $10 per person using the service to and from
the airport. If the system is limited to 30 round trips per month, there should
be an emergency card. There should be allowances for emergency
situations in cases where an individual may already have used their 30 round
trips for the month. She favored limiting the service to identifiable services,
and that people who use the system for other purposes such as shopping
outside D.B. should be told that the system does not provide that type of
service.
MPT/Herrera said the service is for those in need. Obviously, the system is
being abused. Perhaps the answer is to limit service to within the City except
for medical facilities' visits.
M/Huff reiterated staff's recommendation to refer this matter back to the
Traffic & Transportation Commission for further consideration.
C/Ansari concurred.
MPT/Herrera concurred. The Commission meeting is public and allows for
greater input. Perhaps members of the public will have good ideas and
suggestions for monitoring the system.
C/O'Connor said that, in view of the two-month time period it would take for
the matter to come back to the Council for action, she would like an
immediate remedy for those individuals who are abusing the system.
DPW/Liu suggested the 13 individuals who are abusing the system be
notified that the program will no longer accommodate them as of a certain
date such as September 1.
CA/Jenkins stated that unless individuals are violating the rules of the
program as they currently exist, Council action is required prior to public
notice.
C/Chang suggested that the program continue as is for the next two months
until the Council determines what changes will be made.
(b) Discussion regarding the Community/Senior Center Project:
Upon recommendation by the Council subcommittee, the architectural
consultant presented revised renderings and Council Members expressed
their pleasure with the revisions.
C/Chang said that in his opinion, the brick color is too yellowish. He would
prefer a warmer reddish color.
C/Ansari liked the wall of water and asked if there is a problem with water
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AUGUST 21, 2001 PAGE 3 CITY COUNCIL
inside a building
Mr. Goodell replied that there is not a problem if the system has a good
cleaning and filtration system and is regularly maintained. Careful selection
should be given to the floor materials in the immediate area.
C/Chang suggested making the changing rooms parallel with the banquet
room in order to open up the area and make the stage area appear larger.
M/Huff pointed out the need for a dedicated technical room to house video,
karaoke, lighting and other types of production -related equipment. In
addition, the room would need to be darkened for daytime shows.
In response to questions posed by several citizens, Mr. Goodell indicated
that he preferred to shade building glass using overhangs outside the
building rather than incorporate tinted glass. He further explained that for a
project of this magnitude, it is economically feasible to maintain a platform
with a maximum 18" height instead of incorporating a stage at a greater
maximum height. The center will incorporate about 350 full parking spaces
of which the number of dedicated handicapped spaces is approaching 18 for
the community/senior center. The kitchen is a sizeable full warming and
catering kitchen with adjacent storage. It is not a "cooking from scratch"
kitchen.
C/Chang explained that the proposed kitchen would be about three times
bigger than the kitchen at Heritage Park.
Martha Bruske expressed concern about locating buildings on open space
and proximity to residences on Gold Nugget.
Mr. Goodell explained how site work is being created to make certain that the
view from the houses on Gold Nugget would not be obstructed.
M/Huff reminded everyone that the Council added 10 acres to the park area
from the acquisition of open space from SunCal/Pulte that is contiguous
space. There are no plans to build on open space.
Mr. Goodell explained that one of the overriding issues was to make certain
that while buildings would be added to the park, the park would be expanded
so that it would not be overwhelmed by structures. He then described the
restroom facilities and indicated that construction might begin at the end of
the second quarter/beginning of the third quarter of 2002 with completion
anticipated 1 year to 1 1/2 years later.
In response to CM/Lowry, Mr. Goodell said he envisions the large meeting
room would incorporate indirect concealed lighting.
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AUGUST 21, 2001 PAGE 4 CITY COUNCIL
M/Huff suggested incorporating passive windows at the top- of the structure
that could be opened to vent out hot air. He further recommended that the
architects refine their presentation and that the Council hold a study session
prior to the September 4t" Council Meeting with notice to the Task Force and
the community at large, and that a decision be made at the following Council
Meeting on September 18, 2001.
C/Chang recommended that the Council move forward to the next phase.
CM/Lowry pointed out that Council had not acted on the additional $177,000
design costs.
Motion by C/Chang, seconded by C/Ansari, to move forward with the project,
continue to have staff negotiate with the architect, and notify the community
and Task Force of the next study session to be held September 4th. Motion
carried unanimously.
3. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned
the meeting at 5:55 p.m. to Closed Session.
LYNDA BURGESS, City Clerk
ATTEST:
Robert S. Huff; Mayor
---------- ---- - _ -
MINUTES OF THE CITY COUNCIL:
REGULAR MEETING OF THE CITY OF DIAMOND BAR',,,
AUGUST 21, 2001
STUDY SESSION: 4:15 p.m., South Coast Air Quality
Management District/The Government Center Room CC -8
a. Discussion regarding the Community/Senior Center Project
b. Diamond Ride (Dial -A -Cab) Program Modifications.
ADJOURNED STUDY SESSION: 5:55 p.m.
1. CLOSED SESSION: 6:15 p.m. Room CC -8
Government Code Section 54956.9(b) Exposure to litigation threatened against the
City; one case.
2. CALL TO ORDER: Mayor Huff called the meeting to order at
6:35 p.m. in the SCAQMD/Government Center Auditorium, 21865 E. Copley Dr.,
Diamond Bar, California.
Mayor Huff reported that during this afternoon's study session, Council discussed
proposed modifications to the Dial -A -Ride program that would be referred to the
Traffic & Transportation Commission for their recommendation to Council. The
Council also discussed the Community/Senior Center Project that will be before the
Council at its next meeting. There was no reportable action taken during tonight's
Closed Session.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council
Member Ansari.
INVOCATION: The invocation was offered by Pastor Daniel
Barrozo, Calvary Chapel.
ROLL CALL: Mayor Huff, Mayor Pro Tem Herrera, and Council
Members Ansari, Chang and O'Connor.
Also present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; James DeStefano, 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: Staff requested that Items 3.A.3 and Item 7.1 be
continued to the September 4, 2001 City Council meeting.
3. A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.A.1 Presented Certificates of Recognition to Community Volunteer Patrol
Members Teo Galelli, 1500 hrs.; Ben Potter, 500 hrs.; Jerry Arnet, 500 hrs.
and Frank DuQuite 1000 hours.
iC�ll l6 'l 1.1 II In, J.hl "I. �"�'�"'i""' •"-�„'"'9.,-Or .�"a�=•w�r�a1_^wR�-,p••riwr��nrmm�r��rrnumNv�m �-� �-.-�_-� . � __...___.__-.-_. _
AUGUST 21, 2001 PAGE 2 CITY COUNCIL
3.A.2 Presented City Tile to Dave Winn, Former Mayor of the City of Industry.
3.A.3 Presentation Re: Diamond Bar On -Line (Continued to September 4, 2001.)
3.A.4 Presented City Tile to Diamond Bar High School Key Club, sponsored by
Walnut Valley Kiwanis Club; Kiwanis Club International; 1St Place Worldwide
Service Fundraising, 2nd Place Worldwide Project Awareness -UNICEF,
Iodine Deficiency Disease.
BUSINESS OF THE MONTH:
3.A.5 Presented City Tile to Boulevard Bagels, owner, Kim Lindemann.
3.13. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Lowry stated that she was pleased to report that staff continues to work on the
City's traffic circulation problems at Chaparral Middle School. Staff, in coordination
with the school, put together a flyer describing traffic flow recommended
adjustments, which was included in a packet sent to the students' parents. Staff and
Walnut School District officials continue to meet in an attempt to coordinate
enforcement'of the new traffic circulation components. Staff will continue to update
Council on this issue.
4.a. PUBLIC COMMENTS: Sue Sisk thanked staff and Council for their
recognition of small community businesses. She expressed concern about the poor
condition of the Lorbeer Middle School field. She asked why Walnut teams have
been allowed to use D.B.'s soccer fields.
CSD/Rose expounded on the mitigation measures that have been put in place to
address concerns expressed by Sue Sisk.
5. SCHEDULE OF FUTURE EVENTS:
5.1 FINAL CONCERT IN THE PARK (Westwind Review) — August 22, 2001 —
6:30 — 8:00 p.m. - Sycamore Canyon Park, 22930 Golden Springs Dr.
5.2 PARKS AND RECREATION COMMISSION — August 23, 2001 — 7:00 p.m.,
SCAQMD/Government Center Hearing Board Room, 21865 E. Copley Dr.
5.3. DIAMOND BAR NIGHT AT THE QUAKES — Saturday, August 25, 2001 —
Meet at City Hall at 5:00 p.m., 21825 E. Copley Dr.
5.4 CITY LANTERMAN MONITORING COMMITTEE MEETING — August 27,
2001 — 7:00 p.m., SCAQMD/Government Center Room CC -8, 21865 E.
Copley Dr.
AUGUST 21, 2001 PAGE 3 CITY COUNCIL
5.5 PLANNING COMMISSION MEETING — August 28, 2001 — 7:00 p.m.,
SCAQMD/Government Center Auditorium, 21865 E. Copley Dr.
5.6 LABOR DAY HOLIDAY — September 3, 2001 — City Offices will be closed in
observance of the Labor Day Holiday. City offices will reopen Tuesday,
September 4, 2001.
6. CONSENT CALENDAR: C/Ansari moved, C/Chang seconded, to approve
the Consent Calendar with the exception of Items 6.9, 6.10 and 6.11. Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/Herrera,
M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES:
6.1.1 Special Joint Meeting with the Traffic & Transportation Commission
of July 31, 2001 - As submitted.
6.1.2 Study Session of July 31, 2001 — As submitted.
6.1.3 Regular Meeting of August 7, 2001 — As submitted.
6.2 RECEIVED & FILED TRAFFIC AND TRANSPORTATION COMMISSION
MINUTES — Regular Meeting of July 12, 2001.
6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES - Regular Meeting
of July 10, 2001.
6.4 RECEIVED & FILED PARKS AND RECREATION COMMISSION MINUTES
— Regular Meeting of May 24, 2001.
6.5 APPROVED AMENDED VOUCHER REGISTER — dated August 21, 2001 in
the amount of $642,266.56.
6.6 DENIED CLAIM FOR DAMAGES — Filed by John Jasso November 27, 2000
— and referred the matter for further investigation by the City's Risk Manager.
6.7 APPROVED NOTICE OF COMPLETION FOR WORK PERFORMED BY
BRONGO CONSTRUCTION FOR REPAIR OF THE LANDSLIDE IN
SYCAMORE CANYON PARK — and directed the City Clerk to file the Notice
of Completion and release any retention amount 35 days after the
recordation date.
6.8 APPROVED NOTICE OF COMPLETION FOR WORK PERFORMED BY
JEFF MERRICK CONSTRUCTION FOR CITY HALL OFFICES AT THE
SCAQMD CAMPUS — and directed the City Clerk to file the Notice of
AUGUST 21, 2001 PAGE 4 CITY COUNCIL
Completion and release any retention amount 35 days after the recordation
date.
6.12 APPROVED GRADING BOND EXONERATIONS:
(a) EXONERATED CASH DEPOSIT IN LIEU OF GRADING BOND IN
THE AMOUNT OF $9,504 FOR LOT 19 OF TRACT 33417 (3255 S.
DIAMOND BAR BOULEVARD, EVANGELICAL FREE CHURCH OF
DIAMOND BAR).
(b) EXONERATED GRADING BOND NO. NA 100304 IN THE AMOUNT
OF $163,801 FOR TRACT 13594 (21951 GOLDEN SPRINGS DRIVE,
COUNTRY SUITES).
(c) EXONERATED GRADING BOND NO. P289-33-63 IN THE AMOUNT
OF $11,790 FOR PARCELS F AND G OF TRACT 47850 (2859 WATER
COURT DRIVE, CRYSTAL RIDGE ESTATES).
6.13 APPROVED CONTRACT AMENDMENT WITH R.F. DICKSON COMPANY
TO IMPLEMENT A STREET SWEEPING DEBRIS COMPOSTING
PROGRAM IN THE AMOUNT OF $32,410, AND AUTHORIZED A
CONTINGENCY AMOUNT OF $5,000 FOR PROJECT CHANGE ORDERS
TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION OF $37,410.
MATTERS WITHDRAWN FROM THE CONSENT CALENDAR:
6.9 INCREASE IN CONTRACT FOR CONSULTING SERVICES PROVIDED BY
GARY NEELY TO INCLUDE CONTINUED AND ADDITIONAL SERVICES
NOT TO EXCEED $10,000.
Gary Neely responded to C/Ansari's concerns regarding potential conflict of
interest.
C/Ansari also expressed concern about a serial contract.
CM/Lowry said that by virtue of the fact that the contract is a professional
services contract, it continues to not require the bidding process to continue.
Council Members cited several examples in which contract services have
been provided by people who engage in other activities.
C/O'Connor moved, MPT/Herrera seconded, to approve increase in contract
for consulting services provided by Gary Neely to include continued and
additional services not to exceed $10,000. Motion carried by the following
Roll Call vote:
AUGUST 21, 2001 PAGE 5 CITY COUNCIL
AYES: COUNCIL MEMBERS - Chang, O'Connor, MPT/Herrera,
M/H uff
NOES: COUNCIL MEMBERS - C/Ansari
ABSENT: COUNCIL MEMBERS - None
6.10 CONTRACT WITH TOM VAN WINKLE AND AFFILIATES IN THE AMOUNT
OF $15,000 FOR VIDEO SERVICES AND RELATED DOCUMENTATION
AS REQUIRED.
MPT/Herrera requested that the same condition be placed in Mr., Van
Winkle's contract as that placed in Gary Neeley's contract to the effect that
he would not be involved in any political activity within D.B. during the term
of his contract.
MPT/Herrera moved, C/Ansari seconded, to approve a $15,000 contract with
Van Winkle and Affiliates to provide specialized video and documentation
services (videography) geared toward litigation mitigation with terms of the
contract to include language that states that Mr. Van Winkle will not be
involved in providing any political consulting services to any candidate for any
public office during the term of his contract. (final language to be provided by
the City Attorney).
Sue Sisk felt uncomfortable with singling out certain contract providers and
believed all service contracts should contain the same language.
Jeff Koontz, speaking as a D.B. citizen, believed that freedom of speech and
paid contract employees are two separate issues. As soon as a person
receives money from an entity he/she is no longer working under the
auspices of free speech. The contract amount should also include the cost
of supplies.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.11 ADOPTED RESOLUTION NO. 2001-47: AUTHORIZING THE CITY TO
OBTAIN STATE AND LOCAL SUMMARY BACKGROUND INFORMATION
THROUGH THE FINGERPRINTING OF EMPLOYEES INCLUDING
VOLUNTEERS AND CONTRACT EMPLOYEES.
C/Ansari moved, MPT/Herrera seconded, to adopt Resolution No. 2001-47.
Motion carried by the following Rall Call vote:
AUGUST 21, 2001 PAGE 6 CITY COUNCIL
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
PUBLIC HEARINGS:
7.1 RESOLUTION NO. 2001 -XX: VACATING A PORTION OF HAWKWOOD
ROAD WITHIN LOT 28 OF TRACT 47850 OF THE CRYSTAL RIDGE
ESTATES.
M/Huff declared the Public Hearing open.
There being no testimony offered, M/Huff continued the Public Hearing to
September 4, 2001.
Sue Sisk asked that staff provide clarification of the Public Hearing
notification process.
DCM/DeStefano explained the proposed resolution. Public notification
requires notification to everyone within 500 feet of the location of the
proposed vacation.
7.2 RESOLUTION NO. 2001-48: ADOPTING THE LOCAL IMPLEMENTATION
REPORT AND CERTIFYING THAT THE CITY OF DIAMOND BAR MEETS
THE CONFORMITY CRITERIA OF THE 1999 CONGESTION
MANAGEMENT PROGRAM (CMP).
MPT/Herrera opened the Public Hearing.
There being no one present who wished to speak on this matter, M/Huff
closed the Public Hearing.
C/Chang moved, MPT/Herrera seconded, to adopt Resolution No. 2001-48.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
7.3 TENTATIVE PARCEL MAP NO. TPM 26235 — A REQUEST BY C&A
DEVELOPERS AND DIAMOND BAR EAST PARTNERS TO SUDIVIDE
TWO VACANT RESIDENTIAL PARCELS TOTALING 5.5 ACRES INTO
THREE LOTS FOR THE FUTURE CONSTRUCTION OF THREE CUSTOM
SINGLE-FAMILY RESIDENTIAL DWELLING UNITS.
-- -
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AUGUST 21, 2001 PAGE 7 CITY COUNCIL
M/Huff declared the Public Hearing open.
Tim Sung, 2868 Oak Knoll Dr., lives across the street from the proposed
project. At the time of the original Tract Map approval, there were no
homeowners living in the area. Because the situation has changed, he
believed that input should be sought from the homeowners who now live in
the area. He presented a petition signed by sixteen homeowners who live
within 700 yards of the planned site whose number one concern is that the
project will create a lot of dust, noise and unwanted traffic. He submitted
photographs showing heavy construction equipment damaging the road in
front of his house.
Michelle Yi, Crystal Ridge homeowner, complained about the noise and dust
during grading of the site. She believed that construction should have been
stopped when the water truck was disabled and therefore, not available to
control the dust. She would prefer that there be no construction work on
Saturday.
Mrs. Charmin Garyia, Oak Knoll, understood that the dust and noise was part
of everyday construction and felt that JCC was reasonable in offering cleanup
after the work was completed. She did not oppose the request to split the
lots. Neighbors she has spoken with do not oppose the project.
Kurt Nelson, speaking on behalf of the applicant, concurred with staff's
recommendations. The proposed project would result in lots that still exceed
the average lot size throughout Tract 47851. To his knowledge, the people
who live directly across from the project either favor or are neutral with
respect to the proposed subdivision. In the five years that he has been a
member of the Crystal Ridge Board, he received no complaint or inquiry until
the night of the Planning Commission hearing.
Tom Wong, Board Director of the Crystal Ridge Association, said he hoped
that his association would have an opportunity to pass on this issue prior to
Council consideration.
Council Members asked JCC Development to cooperate with homeowners
in the area in the event that further grading is required.
Mr. Nelson assured the Council that he will do everything possible to
cooperate with neighboring homeowners.
MPT/Herrera moved, C/Ansari seconded, to approve the application with
Findings of Fact, and conditions as listed within Resolution No. 2001-49.
Motion carried by the following Roll Call vote:
AUGUST 21, 2001 PAGE 8 CITY COUNCIL
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/Herrera,
M/H uff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8. OLD BUSINESS: None
9. NEW BUSINESS: None
10. COUNCIL SUB -COMMITTEE REPORTS/COMMENTS: C/Chang stated that
he and MPT/Herrera met with the Community/Senior Center architect to discuss the
proposed project. Construction is scheduled to commence the middle of 2002 and
conclude by the end of 2003. He congratulated staff members who participated in
the baseball tournament at Peterson Park and won a trophy. On August 11, he
attended the Western University of Medical Science in Pomona commencement
ceremonies. That evening, he assisted in fundraising efforts for the D.B.H.S. band.
On August 14, he and other Council Members welcomed a delegation from China
at City Hall. Today, he discussed the Community/Senior Center project and Brea
Canyon Rd. with the Senior Citizen's group.
C/O'Connor participated in Team "B" softball. The Council of African American
Parents will present its annual Parent Education and Information Symposium on
Sunday, August 26 from 2:00 p.m. to 6:00 p.m. She announced that Team Sgt. Bill
Flannery and many other deputies participated in the State Police and Fire Games
in San Jose last week. Sgt. Flannery received the first place trophy in weightlifting
for lifting 341 pounds. She spoke about the coyote problem in her neighborhood
and read a letter from a neighbor expressing her concerns about the safety of her
young children and pets due to the presence of coyotes in her immediate area.
C/O'Connor said she is very concerned about the safety of children in her
neighborhood and at the elementary school where coyotes have been observed.
C/Ansari said that when her children were in high school, she spent many nights
attending Bingo fundraisers. She spoke about solid waste concerns. She attended
a fundraising event for Mr. SAC during which a proposed infrastructure bond issue
and facility repairs was discussed. Last week she, a staff member and Chamber
officials visited the Pic -N -Save Shopping Center. Businesses in the center
expressed concern about one of the stores possibly selling alcoholic beverages to
underage persons. In addition, businesses expressed safety concerns about
ingress/egress to the center and said that they favor a right -turn -only onto D. B. Blvd.
She asked that this matter be agendized for Council discussion. She invited
everyone to attend the final Concert in the Park. She remarked on the special
message conveyed by the diversity signs in Alhambra. She again suggested the
residents visit the Friends of the Library book store in the Country Hills Towne
Center. If anyone wishes to volunteer their time, please call 629-2711. If interested,
people should contact City Hall to make their reservation to attend the Night at the
Quakes event. She asked that tonight's meeting be adjourned in honor of Don
Horn, who was a D.B. community leader, President of "The Country Estates" and
----- -- - - -- -
AUGUST 21, 2001 PAGE 9 CITY COUNCIL
the Rowland Heights/D.B./Walnut Rotary Club and served on the Mt. San Antonio
Foundation.
MPT/Herrera echoed C/O'Connor's concerns about coyotes in the city. In the past,
the city has used a method for ridding the neighborhoods of these animals and she
believed that method should be reinstated because the safety of the residents
should be the City's first priority. With respect to contract employees, Council
should receive advice from the City Attorney and act accordingly to remedy any
potential liability issues. The D.B. Lanterman Monitoring Committee meeting will
be held on Monday, August 27. The next State meeting will be held September 11
at Lanterman. On August 9, representatives from D.B., Walnut and Pomona met
with Clifford Allenby, Director of the Department of Developmental Services during
which the public meeting was discussed. During that meeting, representatives from
the three cities requested that the final EIR be presented at the public meeting so
that comments regarding the document would become a part of the permanent
record. The State planned to present a draft EIR but they agreed they would
present the final EIR, which will delay the public meeting from the October 4 date.
M/Huff said that during the previous Council meeting, he was enjoying the Sierras
with his eldest son, Adam, who had just returned home from Germany, where he
resided for the past three years. He advised the Council that Dorin Barnes, Deputy
Manager at Foothill Transit, has accepted a position in Tulsa, Oklahoma as a
general manager of their transit system, a wonderful promotion for him and a
tremendous loss to Foothill Transit. On August 14, staff met with Mary Angle,
Executive Director, San Gabriel Mountains and River Conservancy. Ms. Angle
wanted to learn more about D.B. and its issues. He reiterated that the City of
Industry picture being circulated around D.B. is not a project. Scare tactics are
being used to solicit support of political candidates that are opposed to this
supposed project which is, in fact, bogus. There is no project. The City of Industry
purchased the Tres Hermanos Ranch in the late 70's, pre -dating all of the homes
now in that area. Industry bought the property to build reservoirs, which is nothing
new. Should any project go forward, it will entail a very extensive environmental
process that would take about four years to complete.
11. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned
the meeting at 9:25 p.m. in memory of Don Horn.
LYNDA BURGESS, City Clerk
ATTEST:
Robert S. Huff, Mayor
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MINUTES OF THE CITY COUNCIL
STUDY SESSION OF THE CITY OF DIAMOND BAR 44?
SEPTEMBER 4, 2001 44pp
STUDY SESSION: 5:15 p.m. SCAQMD/The Government
Center, Room CC -8
Present: Council Members Ansari, Chang,
O'Connor, MPT/Herrera, M/Huff
Also present were: Linda Lowry, City Manager; Christy Haugin,
Assistant City Attorney; James DeStefano, Deputy City Manager, 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; Todd Strojny, Sr. Administrative
Assistant; and Marsha Roa, Community Services Assistant.
COMMUNITY/SENIOR CENTER PROJECT ARCHITECTURAL RENDERINGS
AND DISCUSSION OF PROPOSED CONTRACT AMENDMENT
Staff presentation by DCM/Doyle. Proposed timeline: Once the preliminary design
is approved by Council, the architects will commence working on a final design and
construction documents, followed by a public bid process, selection of a contractor
and award of construction contract.
1) Award of construction contract — July 2002.
2) Commence construction — August/September 2002.
3) Grand Opening — December 2003.
C/O'Connor said she was very disappointed in the timeline.
In response to C/Ansari, DCM/Doyle indicated that staff's recommendation is that
Council hire a construction management firm to oversee the project. The budget
amount previously estimated was $200,000 each for the Community Center and the
Library. The goal is to bring a recommendation to Council at its October 2nd
meeting.
DCM/Doyle stated that the architects have said that they believe the cost per sq. ft.
will remain at about $225. He recommended that Council contract with the architect
to provide a computer-generated depiction of the exterior and interior of the
proposed community center and library. He showed Council computer-generated
animation (community center and library) done for the City of Westlake Village.
Council will consider an architect contract increase request of $162,000 including
the proposed 2 to 21/2 minute computer-generated animation.
In response to C/Ansari, Mr. Gonzales indicated that Westlake Village City Council
approved a budget of $8.4 million and the responsible low bid came in at $7.8
million.
In response to Norm Bell, CSD/Rose stated that the intent of the smaller dedicated
space for seniors is so that there can be senior activities taking place in the center
SEPTEMBER 4, 2001 PAGE 2 CC STUDY SESSION
at all times. The space can be set up as an open space, space with round tables,
space for game tables, arts and crafts, exercise, etc. The design phase of this
project will contain the details of the facility. Regarding the type of kitchen that will
be constructed, CSD/Rase responded that staff considers it a "catering" and not a
cooking kitchen. A commercial kitchen has additional code requirements such as
sprinkler systems, etc. which can be extremely costly additions to a facility.
C/O'Connor recommended that staff make a special presentation to the seniors.
DISCUSSION OF BUS SHELTER, BUS BENCH AND TRASH CONTAINER
OPTIONS FOR THE CITY'S BUS STOPS AND THE DETERMINATION OF
COUNCIL MEETING DATE WHEN ITEM WILL BE PRESENTED FOR
CONSIDERATION
Staff presentation given by CSD/Rose. Components recommended by the ad hoc
committee:
Bus Stop Shelter — Model 17 ALP —17 foot long aluminum low peak roof with
gables and roof drain, two ad panels, recessed safety lighting, footing caps,
address panel on roof edge, city logo panels on each end of roof, powder
coat color (Leaf Green RAL 6002), with lighting powered by Edison.
Back Panel Options —
A. Floating rectangular perforated metal with prairie highlights (mission
style)
B. Two (2) rear wall display cases to display the artwork of school
children and resident artists. (i.e. City of Brea Bus Shelter)
2. Bus Benches (same benches are recommended for use in shelters and at
bus stops without shelters) — vinyl coated metal bench with backrest, color
Leaf Green RAL 6002.
3. Trash containers — 30 gallon vinyl coated metal container, color Leaf Green
RAL 6002.
C/O'Connor asked about the possibility of using the old benches in pocket parks, for
instance.
The representative from Clear Channel Outdoor said the Council may have the old
benches at no cost.
CSD/Rose pointed out that wherever benches are placed, concrete pads will need
to be installed and the irrigation system will have to be redone in the pad area.
Benches can be relocated, but not without cost to the City.
The Clear Channel Outdoor representative responded to MPT/Herrera that the back
panels of the shelters could be replaced, modified or adapted in case the City
- - .. ,, _ —m—mranmmramn -,-,—,...i�—, s.a-F-,rte.-,--,r-.',1-- - rl"'h'r �u�.,wx,�vlr«,�����.,�I�,.�,�n��,�.,mr."1,7..._
SEPTEMBER 4, 2001 PAGE 3 CC STUDY SESSION
adopts an artwork program.
Council concurred to place this matter on the regular City Council meeting agenda
for September 18, 2001.
ADJOURNMENT: There being no further business to conduct, M/Huff adjourned the Study
Session at 6:16 p.m.
LINDA BURGESS, City Clerk
ATTEST:
Robert S. Huff, Mayor
MINUTES OF THE CITY COUNCIL DR4
REGULAR MEETING OF THE CITY OF DIAMOND BAR
SEPTEMBER 4, 2001
STUDY SESSION: 5:15 p.m. SCAQMD/The Government
Center, Room CC -8
(a) Community/Senior Center Project Architectural Renderings and Discussion
of Proposed Contract Amendment.
(b) Discussion of Bus Shelter, Bus Bench and Trash Container options for the
City's bus stops and the determination of Council meeting date when item will
be presented for consideration.
Present: Council Members Ansari, Chang,
O'Connor, MPT/Herrera, M/Huff
Also present were: Linda Lowry, City Manager; Christy Haugin,
Assistant City Attorney; James DeStefano, Deputy City Manager, 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; Todd Strojny, Sr. Administrative
Assistant; and Marsha Roa, Community Services Assistant.
ADJOURNED STUDY SESSION: 6:16 p.m.
1. CLOSED SESSION: None
2. CALL TO ORDER: Mayor Huff called the meeting to order at
6:36 p.m. in the Auditorium of the South Coast Air Quality Management District/The
Government Center, 21865 E. Copley Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council
Member Ansari
INVOCATION: The Invocation was offered by Reverend Mike
Schuenemeyer, D.B. Congregational Church
ROLL CALL: Council Members Ansari, Chang, O'Connor,
Mayor Pro Tem Herrera, Mayor Huff
Also present were: Linda Lowry, City Manager; Christy Haugin,
Assistant City Attorney; James DeStefano, Deputy City Manager, 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: CM/Lowry announced that Consent Calendar
Items 6.12 and 6.14 would be moved to New Business. She further asked that the
recommendation appearing on tonight's agenda for Public Hearing Item 7.1 be
changed to read: It is recommended that the City Council continue this hearing to
SEPTEMBER 4, 2001 PAGE 2 CITY COUNCIL
the October 2, 2001 meeting, at the applicant's request."
3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.A.1 Proclaimed September 2001 as National Alcohol and Drug Addiction
Recovery Month.
3.A.2 Presented "Keep California Beautiful" environmental award received by the
City on August 23, 2001.
3.A.3 Video presentation by Diamond Bar Improvement Assn. President Bob
Zirbes, Re: "Paint the Town" Program.
3.A.4 Presented Certificates of Recognition to Kevin Cramer, Joe Dunn, Lupe
Espinoza, Diane Hart, Kathleen Newe, John South, Eric Stone, Tom
Windham, Kathy Nolan and Mayor Huff "House Captains" for the Diamond
Bar Improvement Assn. "Paint the Town 2001 Program."
3.A.5 Presentation of Diamond Bar OnLine by DCM/Doyle.
3B. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry
reported that staff had been working with the Sheriff's Department and the Walnut
Unified School District to formulate a plan for improved traffic circulation at
Chaparral Middle School. The resulting strategy will be implemented tomorrow, the
first day of school. A minimum of four officers will be present to assist with
clockwise traffic movement on the street around the school for a minimum two-week
period. Vehicles entering from D.B. Blvd. onto Mountain Laurel Way or onto Maple
Hill Rd. will be directed to proceed up Pecan Grove around the school to a drop off
point, and exit down Spruce Tree Dr. The initial phase will be a learning period with
no citations issued, in order to determine the best long-term solution. Funding for
this project will be absorbed into the current budget.
C/Ansari and C/O'Connor asked staff and the Sheriff's office to remain diligent about
other schools in D.B. including Lorbeer Middle School, which continues to be a
problem area.
In response to MPT/Herrera, ACA/Haugin stated that with respect to Council's
concerns regarding the legality of the proposed addition to D.B. consultant
contracts, the proposed contract provision would prevent new contractors from
engaging in any political activity within D.B. For the past two weeks, the law
concerning this subject has been exhaustively investigated. There are two groups
of cases that deal with this type of activity. The older cases make it relatively plain
that in a city hall situation, the city may set down certain rules to make it clear that
city hall is perceived as a neutral environment. More recent cases have said that
contractors cannot be punished for expressing political views or for engaging in
political activity. The courts have been reluctant to deprive contractors that have a
somewhat different relationship than full-time employees, of political rights. The
SEPTEMBER 4, 2001 PAGE 3 CITY COUNCIL
contract language would be novel and not without risk. Further, it would require that
the Council determine that this contract provision is more like the older cases where
a contract person is essentially giving up political rights in exchange for the right to
employment and less like the current cases where courts have been more protective
of political rights. CA/Jenkins will forward a memo to Council that will include
citations. Council will have to decide whether to take a risk in placing such a
provision within its contracts. Such a provision would need to be uniform and
unilateral.
4. 4.a. PUBLIC COMMENTS: Robert Arceo thanked C/Ansari,
C/O'Connor and DCM/DeStefano for their assistance in obtaining his Purple Heart.
He requested the City's assistance in cleaning up the condition of Diamond Village
apartments.
Rev. Schuenemeyer commented on several statements made within "The Mayor's
Corner" article in The Windmill last month.
Jeff Koontz, D.B. Chamber of Commerce, announced that the Candidates' Forum
is scheduled for October 30th from 7:00 p.m. to 9 p.m. in the SCAQMD/The
Government Center Auditorium.
4.b RESPONSE TO PUBLIC COMMENT:
M/Huff responded to comments made by Reverend Schuenemeyer.
DCM/DeStefano reported to Mr. Arceo that the Diamond Village management
company recently visited City Hall for plan checking services related to repair or
replacement of the carports. He further stated that the management company
would be looking into removal and replacement of some of the larger diseased
eucalyptus trees.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION — September 11, 2001 — 7:00 p.m.,
SCAQMD/Government Center Auditorium, 21865 E. Copley Dr.
5.2 STATE LANTERMAN COMMUNITY ADVISORY COMMITTEE — September
11, 2001 — 7:00 p.m., Research Conference Room, Lanterman
Developmental Center, 3530 W. Pomona Blvd., Pomona
5.3 TRAFFIC AND TRANSPORTATION COMMISSION — September 13, 2001
— 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 E.
Copley Dr.
5.4 CITY LANTERMAN MONITORING COMMITTEE — September 17, 2001 —
7:00 p.m., AQMD/Government Center Room CC -8, 21865 E. Copley Dr.
SEPTEMBER 4, 2001 PAGE 4 CITY COUNCIL
5.5 CITY COUNCIL MEETING — September 18, 2001 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR: Moved by C/Ansari, seconded by MPT/Herrera
to approve the Consent Calendar, with the exception of items 6.12 and 6.14. Motion
carried 5-0 by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/Herrera,
M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES — Regular Meeting of July 26, 2001.
6.2 APPROVED VOUCHER REGISTER — dated September 4, 2001 in the
amount of $796,713.52. (C/O'Connor abstained from approval of P.O.
11245 in the amount of $269.50 due to a potential conflict of interest relating
to the Lanterman Forensic Expansion Project.)
6.3 REVIEWED AND APPROVED TREASURER'S STATEMENT — for July 2001.
6.4 RECEIVED, ACCEPTED AND FILED PROPOSITION A LOCAL RETURN
FUND, PROPOSITION C LOCAL RETURN FUND AND TRANSPORTATION
DEVELOPMENT ACT AUDITS FOR THE FISCAL YEARS ENDED JUNE 30,
2000 AND 1999.
6.5 EXONERATED CASH DEPOSIT IN LIEU OF GRADING BOND IN THE
AMOUNT $5,400 FOR LOT 154 OF TRACT 30091 (22927 LAZY TRAIL
ROAD, THE COUNTRY ESTATES) AND DIRECTED THE CITY CLERK TO
NOTIFY THE OWNER OF THIS ACTION.
6.6 AWARDED CONTRACT TO DREAM ENGINEERING IN THE AMOUNT OF
$6,280 TO REVIEW ELECTRICAL USE IN THE CITY'S PARKS AND TO
RECOMMEND METHODS TO ACHIEVE A 20% REDUCTION IN MONTHLY
ELECTRICAL CONSUMPTION.
6.7 APPROVED PREPARATION OF A LETTER OF SUPPORT FOR THE
PROPOSED DESIGNATION OF THE SR 105 AND SR 605 FREEWAY
INTERCHANGE AS THE JOE A. GONSALVES MEMORIAL
INTERCHANGE.
6.8 APPROVED EXTENSION OF CONTRACT SERVICES AGREEMENT WITH
CHARLES ABBOTT ASSOCIATES, INC. FOR PLAN CHECK AND
INSPECTION SERVICES RELATED TO PRIVATE/SUBDIVISION
DEVELOPMENTS, ON AN ON-CALUAS-NEEDED BASIS, FOR A PERIOD
OF TWO (2) YEARS, COMMENCING OCTOBER 21, 2001.
SEPTEMBER 4, 2001 PAGE 5 CITY COUNCIL
6.9 APPROVED EXTENSION OF CONTRACT SERVICES AGREEMENT WITH
HALL & FOREMAN, INC. FOR PLAN CHECK AND INSPECTION
SERVICES RELATED TO PRIVATE/SUBDIVISION DEVELOPMENTS, ON
AN ON-CALL BASIS, FOR A PERIOD OF TWO (2) YEARS, COMMENCING
OCTOBER 21, 2001.
6.10 ADOPTED RESOLUTION NO 2001-40A -A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR AMENDING RESOLUTION
NO. 2001-40 — FY 2001-2002 MUNICIPAL BUDGET TO INCLUDE
APPROPRIATION FOR PURCHASE ORDER CARRYOVERS."
6.11 AREA 3 SLURRY SEAUASPHALT RUBBER AND AGGREGATE
MEMBRANE (ARAM) PROJECTS:
(a) ALLOCATED $120,000 FROM UNAPPROPRIATED GAS TAX FUND
BALANCE TO INCREASE THE AREA 3 SLURRY SEAL PROJECT
BUDGET BY $120,000; AWARDED THE AREA 3 SLURRY SEAL
CONTRACT TO PAVEMENT COATINGS COMPANY IN THE AMOUNT OF
$436,647.25 AND AUTHORIZED A CONTINGENCY AMOUNT OF $30,000
FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY
MANAGER, FOR A TOTAL AUTHORIZATION OF $466,647.25.
(b) AWARDED THE AREA 3 ARAM ASPHALT RUBBER AND
AGGREGATE MEMBRANE (ARAM) PROJECT TO MANHOLE ADJUSTING
CONTRACTORS, INC. IN THE AMOUNT OF $288,135 AND AUTHORIZED
A CONTINGENCY AMOUNT OF $20,000 FOR PROJECT CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION OF $308,135.
(c) AWARDED INSPECTION SERVICES CONTRACT FOR AREA 3
SLURRY SEAL AND AREA 3 ARAM OVERLAY PROJECTS TO
ADVANCED APPLIED ENGINEERING, INC. IN AN AMOUNT NOT TO
EXCEED $35,000 AND AUTHORIZED A CONTINGENCY AMOUNT OF
$3,000 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE
CITY MANAGER, FOR A TOTAL AUTHORIZATION OF $38,000.
6.13 APPROVED LETTER OF SUPPORT FOR THE CITY OF ANAHEIM TO
HOST THE INTERNATIONAL INSTITUTE OF MUNICIPAL CLERK'S (IIMC)
ANNUAL CONFERENCE TO BE HELD IN MAY, 2006.
6.15 ADOPTED RESOLUTION NO. 2001-50: A RESOLUTION APPROVING
ACQUISITION OF TITLE TO CERTAIN TAX DEFAULTED PROPERTIES
LOCATED WITHIN THE CITY FOR PARKS, OPEN SPACE AND
RECREATION PURPOSES.
7. PUBLIC HEARINGS:
SEPTEMBER 4, 2001 PAGE 6 CITY COUNCIL
7.1 RESOLUTION NO. 2001 -XX: VACATING A PORTION OF HAWKWOOD
ROAD WITHIN LOT 28 OF TRACT 47850 OF THE CRYSTAL RIDGE
ESTATES - Continued to October 2, 2001 at the request of the applicant.
M/Huff declared the Public Hearing open.
There being no one who wished to speak on this matter, M/Huff continued
the Public Hearing to the October 2, 2001 Council meeting.
8. OLD BUSINESS:
8.1 APPROVAL OF THE COMMUNITY/SENIOR CENTER PRELIMINARY
DESIGN AND AUTHORIZE INCREASE TO THE CONTRACT BETWEEN
THE CITY AND GONZALEZ GOODALE ARCHITECTS IN THE AMOUNT
OF $167,000. Staff presentation by DOM/Doyle.
MPT/Herrera said she would like to have the computer-generated animation
of the project and construction photo and verbiage updates posted on the
City's website for public consumption.
Clyde Hennessee spoke in support of approving the contract increase.
Moved by C/Chang, seconded by C/O'Connor to approve the design;
authorize the creation of a computer-generated animation model of the
project; authorize the City Manager to increase the architect's contract in the
amount of $162,000; and appropriate the necessary funds from General
Fund Reserves. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9. NEW BUSINESS:
9.1 RESOLUTION NO. 2001-51: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR TO ACQUIRE, OPERATE AND/OR
ESTABISH A PUBLIC UTILITY, PURSUANT TO PUBLIC UTILITIES CODE
SECTION 10001, ET SEQ., AND THE CONSTITUTION OF THE STATE OF
CALIFORNIA, ARTICLE 11, SECTION 9.
Rick Meza - Public Affairs Regional Manager - Southern California Edison,
recommended that the City conduct a comprehensive feasibility study before
adoption of such a resolution.
Clyde Hennessee supported adoption of the proposed resolution.
- ----
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SEPTEMBER 4, 2001
PAGE 7
CITY COUNCIL
Moved by C/Chang, seconded by MPT/Herrera to adopt Resolution No.
2001-50. Motion carried 5-0 by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9.2 RESOLUTION NO. 2001-52: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR AMENDING PERSONNEL RULES AND
REGULATIONS TO PROVIDE AN INCREASE OF $20 PER MONTH TO
THE BENEFIT ALLOTMENT AND INCLUDE THE CITY COUNCIL AS
ADDITIONAL EMPLOYEES THAT SHALL RECEIVE AN ADDITIONAL $30
PER MONTH BENEFIT ALLOTMENT.
Moved by MPT/Herrera, seconded by C/Ansari to adopt Resolution No.2001-
51 amending Resolution No. 2001-43 setting forth personnel rules and
regulations regarding the payment of salaries, sick leave, vacations, leaves
of absences, and other regulations and direct staff to adjust the FY 01-02
Municipal Budget accordingly. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/
Herrera, M/Huff
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9.2 DIAMOND BAR CHAMBER OF COMMERCE ANNUAL AGREEMENT AND
EXPANSION OF SERVICES TO INCLUDE A MONTHLY CITY
NEWSLETTER.
Jeff Koontz, Chamber Director, ACA/Haugin and staff members responded
to Council questions and concerns.
C/O'Connor and M/Huff suggested waiting until all issues including FPPC
concerns are resolved before approving the agreement.
Clyde Hennessee said that the City should support the Chamber and that the
two publications should be combined.
Bob Zirbes, DBIA asked that other D.B. publications be allowed to bid on this
joint effort.
Moved by MPT/Herrera, seconded by C/Ansari to approve the concept of
renewing the Annual D.B. Chamber of Commerce agreement for services to
include the publication and distribution of a City of D.B. Newsletter to be
added to the monthly publication The VIEW; and direct the City Manager to
execute the agreement, subject to guidelines consistent with the Political
Reform Act. Motion carried 3-2 by the following Roll Call vote:
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SEPTEMBER 4, 2001 PAGE 8 CITY COUNCIL
AYES: COUNCIL MEMBERS - Ansari, Chang, MPT/Herrera,
NOES: COUNCIL MEMBERS - O'Connor, M/Huff
ABSENT: COUNCIL MEMBERS - None
10. COUNCIL SUB -COMMITTEE REPORTS/COMMENTS: C/O'Connor congratulated
the Parks & Recreation staff and Commission for the wonderful "Concerts in the
Park" series. She participated with all Council Members in the "Keep America
Beautiful" award ceremonies in Sacramento. On August 24, she attended the Day
Camp final barbecue. On August 30, the Finance Committee met. Also on that day,
she and C/Ansari participated in the Chamber and City shopping center tour of the
Kmart center. She hoped the City would respond in a timely manner to concerns
raised during these tours. School is starting and she asked parents and drivers to
be mindful of the congestion at school locations and to be concerned about safety
of the children. She thanked Council for adjourning tonight's meeting in memory of
her mother-in-law, Florence O'Connor.
MPT/Herrera reported on the August 27 City of Diamond Bar Lanterman Monitoring
Committee meeting. She commented on AB 896, a bill promoting closure of most
developmental centers and movement of clients into community-based group
homes. There has been a lot of opposition to the bill, particularly from parents of
clients. The bill is now a two-year bill and no further action will be taken this year.
The next Monitoring Committee meeting is slated for September 17 after which she
will have more specific information to share. Last Thursday, she conducted her last
meeting as President of the League of California Cities — L.A. County Division. She
described how her tenure benefited the City. She responded to Reverend Mike
Schuenemeyer's comments regarding "silly season." People act differently during
election years and during this time, facts and information tend to get twisted. It is
unfortunate, but it is a phenomenon that occurs every two years, prompting the term
"silly season." After receiving a response from ACA/Haugin regarding consulting
contract questions and concerns, she recommended that all restrictive language be
stricken from consulting contracts. She complimented CM/Lowry and
DCM/DeStefano and DCM/Doyle on their good work.
C/Chang applauded staff for their efforts toward the 2001 Concerts in the Park
series and thanked the community for their support. He wished students a
wonderful school year. He complimented staff and residents for the "Keep California
Beautiful" 1 st place award received by D.B. On August 25, he attended the D.B.
annual youth baseball awards held at Heritage Park: He received many
compliments about the City's recreational department. He complimented
MPT/Herrera's leadership of the League of California Cities and representation for
the City of D.B.
C/Ansari stated that the L.A. County Regional Water Board has one of the most
restrictive programs, zero tolerance, which is nearly impossible for any City to reach.
She took exception to their recognition for having one of the most innovative
approaches that she believed does not help cities. SB 910 required cities to have
low and moderate income housing or be penalized up to $1.5 million. More than 350
cities spoke out against SB 910 and as a result, the bill was relegated to a two year
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SEPTEMBER 4, 2001 PAGE 9 CITY COUNCIL
bill. She asked for information regarding possible theft of palm trees. She believed
it is important for citizens to be able to speak out. The City has heard of meetings
concerning proposals for the Tonner Canyon and Tres Hermanos areas. However,
the City has received no official notice from the City of Industry regarding any
proposed projects. D.B. has sent several letters to Industry asking for information.
The Industry Mayor indicated that no information is forthcoming due to pending
litigation. She offered condolences to C/O'Connor on the loss of her mother-in-law.
M/Huff reported that on August 30, he attended groundbreaking ceremonies for the
Foothill Transit's new maintenance and service facility in Irwindale. He expounded
on the benefits that will be provided to transit -dependent residents. He
congratulated MPT/Herrera on a job well-done in her service as President of the
L.A. Division of the California League of Cities.
11. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned
the meeting at 9:50 p.m. in memory of Florence E. O'Connor.
LYNDA BURGESS, City Clerk
ATTEST:
Robert S. Huff, Mayor
0
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— MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JULY 24, 2001
CALL TO ORDER:
Chairman Zirbes called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management
Auditorium,,21865 East Copley Drive, Diamond Bar, California.
PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was led by Commissioner Tye.
1. ROLL CALL:
Present: Chairman Bob Zirbes, Vice Chairman Joe Ruzicka, and Commissioners
Steve Nelson and Steve Tye.
Commissioner Kuo arrived at 7:07 p.m.
Also Present: James DeStefano, Deputy City Manager; Ann J. Lungu, Associate Planner;
Dave Meyer, Planning Consultant, and Stella Marquez, Administrative
Secretary.
2. 1LaTTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None offered.
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of July 10, 2001.
VC/Ruzicka moved, C/Tye seconded, to approve the minutes for the regular July 10, 2001
meeting as corrected. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: VC/Ruzicka, Tye, Kuo, Nelson, Chair/Zirbes
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
---
JULY 24, 2001 PAGE 2 PLANNING COMMISSION
7. CONTINUED PUBLIC HEARING: None
8. PUBLIC HEARING:
8.1 Variance No. 2001-06 (pursuant to Code Sections 22.54 is a request to construct a wrought
iron perimeter fence and entry gates that will exceed the maximum allowable height within
the front setback.
PROPERTY ADDRESS: 2859 Watercourse Drive
Diamond Bar, CA 91765
PROPERTY OWNER Mr. Liu
2859 Watercourse Drive
Diamond Bar, CA 91765
APPLICANT: Rodney Tapp
351 S. Thomas Street
Pomona, CA 91766
PC/Meyer presented staff's report. Staff recommends that the Planning Commission
approve Variance No. 2001-06, Findings of Fact, and conditions of approval, as listed
within the resolution.
Jeff Chan, speaking on behalf of Rodney Tapp, Land Design, said he is familiar with the
project and concurs with staff's recommendations for approval with the following
clarifications: The actual gateway at the driveway would not be 10 feet high. The pilasters
on either side extend to 10 feet in height. The gate varies from 9 feet to 91/2 feet in height.
The ornate wrought iron fence was constructed in China and is being shipped to Diamond
Bar. The gate is transparent and does not block the view and instead, enhances the view.
The project site is a double lot. The house is 20,000 square feet and the wrought iron gate
assembly is in proportion to the structure.
Jeff Chan indicated to C/Nelson that the maximum height of gates for adjacent properties
are about eight feet.
Jeff Chan responded to Chair/Zirbes that the minimum front yard setback the applicant is
seeking would be at about 15 feet where the gate curves parallel to the house.
Chair/Zirbes opened the public hearing.
Bill Lew, President, Crystal Ridge,Homeowners Association, 2855 Bently. Way, said that
this matter was never brought to the attention of the association's architectural committee.
This is a massive house in the Phase lI development. Other houses in the phase are about
10,000 to 12,000 square feet. He can understand that this homeowner would like a gate
JULY 24, 2001
PAGE 3
PLANNING COMMISSION
that is compatible with his house. However, he believes the gate should be compatible with
the neighborhood. He has noproblemwith the five foot fence, the six foot pillars and the
recommended eight foot gate. He believes that if this matter had been brought to the
attention of the committee prior to construction of the gate, a compromise could have been
reached. The fact that the applip m has paid money to have a gate constructed is not
sufficient reason to allow him to proceed with the installation of the gate as proposed. Any
installation should be compatible with the neighborhood. Therefore, the gate should be
reconfigured to extend a maximum of eight feet in height. In addition, the 10 foot pillars
are too high and should be reduced to eight feet. He said he has no problem with a 60 foot
wide gate but he has a problem with a reduction in the front yard setback from 25 feet. To
allow the gate and fence to be parallel to the entrance of the house may detract from the
compatibility of the neighborhood because there is no other gate or fence in the
neighborhood that is angled to the house. Every other fence and gate in the neighborhood
is parallel to the street.
Mr. Lew responded to C/Nelson that he is present at tonight's meeting as a representative
of the Crystal Ridge Homeowners Association. He is not a member of the architectural
committee.
Tom Wong, 2893 E. Crystal Court, stated that in his opinion, the house is huge. It was
built by JCC and not approved by the homeowners' association architectural review
committee. While the board cannot control the size of the houses, the landscape footprint
should be approved by the board. Hopefully, the Commission will approve something that
is compatible with the neighborhood. It is his hope that the applicant will reconsider his
proposal based upon his and Mr. Lew's concerns and suggestions.
Chair/Zirbes closed the public hearing.
C/Tyc asked if approval of the homeowners' association architectural review committee
is required.
CP/Meyer responded that the City does not enforce the CC&R's for private homeowners'
associations. He assumes that as a matter of courtesy, proposals would be brought before
the association. He said that in this situation, he did not know that the protocol was to
direct the applicant to go to the review committee and bring those recommendations to the
City. .
DCM/DeStefano stated that this project enjoys an experienced team of landscape architects
and designers who know that the property is within a homeowners association. As a matter
of policy, the City encourages property owners/developers to seek the association's
approval. It is not a requirement. The City does not enforce CC&R's and it is not the
City's position to assure that the property has been reviewed and/or approved by a
homeowners association.
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JULY 24, 2001 PAGE 4 PLANNING COMMISSION
VC/Ruzicka asked Mr. Chan what it would take to change the site improvements to bring
it into compliance with the association's requirements and render it compatible with the
surrounding neighborhood.
Mr. Chan responded that the site improvements can be changed if it is the desire of the
Commission to do so. As landscape architects for the project, he did not seek approval
from the homeowners' association. His firm contacted the City to garner the proper
procedures.
VC/Ruzicka said that during his five or six years on the Commission he has not been aware
of any other project that did not have prior approval from their homeowners association.
C/Kuo asked if Mr. Chan is willing to work a compromise with the association's
architectural review committee in order to seek approval from the City or is the applicant
insisting that the original design be considered.
Mr. Chan said that at this point he would prefer that the Commission review the design as
proposed and act upon it. If it is the Commission's request that the applicant first review
the project with the homeowners association, the applicant will comply with that request.
The applicant would have initially gone to the review board had he known that it was the
proper protocol.
VC/Ruzicka moved to continue Variance No. 2001-06 to August 28, 2001, in order to
allow the applicant sufficient time to allow for review and approval of the proposed project
by the Crystal Ridge'Homeowners Association architectural review committee. The motion
died for lack of a second.
Chair/Zirbes moved; C/Tye seconded, to continue Variance No. 2001-06 to September 11,
2001, and direct the applicant to return with revised plans that more closely comply with
the recommendations of the City's planning staff. In addition, the applicant is advised that
he may seek advise or input regarding this proposal from the Crystal Ridge Homeowners
Association. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Chair/Zirbes, Tye, Kuo, Nelson, V/C Ruzica
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8.2 Tentative Parcel Map No. 26235 (pursuant to Code Sections 22.20), is a request to
approve the subdivision of two parcels totaling 5.5 acres into three parcels for the future
construction of three custom single-family homes.
PROJECT ADDRESS: Oak Knoll Drive
Diamond Bar, CA 91765
- „T - -- - .
JULY 24, 2001 PAGE 5 PLANNING COMMISSION
PROPERTY OWNER: C&A Developers
3480 Torrance boulevard, Suite 300
Torrance, CA 90503
APPLICANT: Diamond Bar East Partners
3480 Torrance Boulevard, Ste 300
Torrance, CA 90503
CP/Meyer presented staff's report. Staff recommends that the Planning Commission
approve Tentative Parcel Map No. 26235, Findings of Fact, and conditions of approval, as
listed within the resolution.
Kurt Nelson, applicant, stated he concurs with staff's conditions of approval. He explained
how lot line adjustments have reduced the density from what was originally contemplated.
Chair/Zirbes opened the public hearing.
Bill Lew, speaking as a homeowner, said he has no problem with the five lots. He
expressed concern that there was a rumor afoot that the applicant intended to reduce the pad
size of certain lots by further subdividing the parcels. He does not want smaller homes in
the neighborhood because he feels it would adversely effect the values of the other homes.
He has been assured by the applicant that this will not occur.
Tom Hwang presented a letter from Tim Soong, M.D. to the Commission citing reasons
for requesting denial of the proposed subdivision.
Kurt Nelson said he does not recall building a home for Dr. Soong and does not recall
hearing of any complaints about the construction of his home and does not understand the
relevance of a letter of complaint about a specific home to the proposal before the Planning
Commission.
Mr. Hwang said that he moved into his residence six months ago and he is still waiting for
certain items to be completed.
C/Tye said he has a problem with -one resident presenting an unsigned letter purportedly
written by another resident. He does not see the relevance of the letter to this proposal and
requested that it be disregarded.
Chair/Zirbes closed the public hearing.
C/Nelson suggested that Mr. Lew advise homeowners that it is a violation of the California
Fish and Game Code and the Migratory Bird Treaty Act punishable by fine and/or
imprisonment, to knock down swallow nests.
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JULY 24, 2001 PAGE 6 PLANNING COMMISSION
VC/Ruzicka moved, C/Nelson seconded, to approve Tentative Parcel Map No. 26235,
Findings of Fact, and conditions of approval, as listed within the resolution. Motion carried
by the following Roll Call vote:
AYES: COMMISSIONERS: VC/Ruzicka, Nelson, Kuo, Tye, Chair/Zirbes
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8.3 Conditional Use Permit No. 96-10(2) and Development Review No. 96-09(2) (pursuant
to Code Sections 22.66.060) is a request to renew an existing Conditional use Permit and
Development Review approved by the Planning Commission on August 25, 1998, for three
years. The Planning Commission approval allowed the installation of the unmanned
wireless telecommunications facility, whi&is currently operational.
PROPERTY ADDRESS: 24401 Darrin Drive
(Lot 51, Tract No. 42584)
Diamond Bar, CA 91765
PROPERTY OWNER: Eric and Robin Stone
24401 Darrin Drive
(Lot 51, Tract No. 42584)
Diamond Bar, CA 91765
APPLICANT: Cox PCS Assets LLC/Cingular Wireless
4683 Charbot Drive #100
Pleasanton, CA 94588
AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission
approve Conditional Use Permit No. 96-10(2), and Development Review No. 96-09 (2),
-Findings of Fact, and conditions of approval, as listed within the resolution.
VC/Ruzicka said he has a concern with inclusion of the term "in perpetuity" in any
resolution with regard to future ownership.
Ryan Leaderman, representing Spring PCS, asked for the Commission's approval. He
pointed out the built-in assurances for the CitX's protection.
VC/Ruzicka said that he would be more comfortable with a 10 year grant
I
Mr. Leaderman responded to C/Nelson that most installations in Los Angeles County are
C
ranted in perpetuity. Other jurisdictions may limit grants to 10 or 20 years.
Chair/Zirbes opened the public hearing.
-- - - - —� - -,- - n, ,m,,. r .r1.rit glAr I. µ.c c 1F. r.,�,—._„ 1111x-rr[..... ..,, _u.0 w_... - ,.._ 1.115• wwueww.H
ii�u�trrr�
JULY 24, 2001 PAGE 7 PLANNING COMMISSION
There being no one who wished to address the Commission on this matter, Chair/Zirbes
closed the public hearing.
C/Tye pointed out that it is to the credit of the Commission that their initial oversight of this
project -has led to its success. He agrees that the project should be reviewed on a regular
basis to ensure that the applicant remains a good neighbor.
VC/Ruzicka moved to approve Conditional use Permit No. 96-10(2) -and Development
Review No. 96-09(2), Findings of Fact, and conditions of approval, as listed in the
resolution, with the following modifications to Condition (e) on Page 2 and Condition (e)
on Page 6 of the resolution: Strike "in perpetuity" and add in its place, "subject to a review
by the Planning Commission in August, 2008." C/Tye asked that the motion be amended
to state "subject to a review by the Planning Commission in August, 2006" to which
VC/Ruzicka agreed. C/Tye seconded the amended motion. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: VC/Ruzicka, Tye, Kuo, Nelson, Chair/Zirbes
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8.4 Development Review No. 2001-09 (pursuant to Code Section 22.48.020.A.) is a request
to construct a two-story single family residence with a four -car garage, porch, patio and
balcony for a total of approximately 14,052 square feet.
PROJECT ADDRESS
PROPERTY OWNER/
APPLICANT:
2817 Crystal Ridge Road
(Lot 26 of Tract No. 47850)
Diamond Bar, CA 91765
Diamond Bar West, LLC
3480 Torrance Boulevard, Suite 300
Torrance, CA 90503
AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission
approve Development Review No. 2001-09, Findings of Fact, and conditions of approval,
as listed within the resolution.
Kurt Nelson, applicant, stated he read staff's report and concurs with the conditions of
approval with Condition 5 (c)'on Page 4 stating "within 60 days of final inspection." as
indicated by AssocP/Lungu.
Chair/Zirbes opened the public hearing.
- -- - , 1-7, l�l""Il!irrP,�,l�.r, °Ill "I-.1.",.---�.�'-�>,-- --� - t--- �r,r ..- ._. , -,. _ _ - - -
_..... ..,_,... 1„ 4Wn 1
JULY 24, 2001 PAGE 8 PLANNING COMMISSION
There being no one present who wished to comment on this item, Chair/Zirbes closed the
public hearing.
C/Nelson moved, C/Kuo seconded, to approve Development Review No. 2001-09,
Findings of Fact, and conditions of approval, as listed within the resolution, subject to
correction to Condition 5(c) on Page 4. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
9. PLANNING COMMISSION COMMENTS:
sign on Delta Drive at Summitridge Drive.
Nelson, Kuo, Tye, VC/Ruzicka, Chair/Zirbes
None
None
C/Nelson requested replacement of the street
C/Tye offered kudos to the code enforcement officer for removing temporary signs last weekend.
DCM/DeStefano stated that recourse is to first have code enforcement remove the signs after which
letters, citations, visits with the District Attorney, can occur. If there are violations to the use
permit, further action maybe taken. With respect to used cars in the Kmart parking lot, the City
has a section in its code which allows for temporary uses such as carnivals, book sales, Christmas
tree lots, movie productions, etc. Outdoor display of merchandise for sale is also a temporary use.
A permit was issued for the event that took place last weekend. Whether Diamond Bar will
directly benefit from point of sale tax is yet to be determined.
DCM/DeStefano responded to C/Tye that DSA/Smith has been working with Pulte Homes
regarding the equipment on Diamond Bar Boulevard. Pulte Homes indicated that they will be
installing an instant dense hedgerow.
Chair/Zirbes asked if the City's codes contain a requirement that a residential property provide
front yard landscaping.
DCM/DeStefano said he does not believe the City has a code requiring front yard landscaping.
However, the code caps the percentage of driveway of the front yard.
Chair/Zirbes requested that this matter be agendized for discussion by the Planning Commission.
10. INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future proiects.
As detailed in the agenda.
JULY 24, 2001 PAGE 9 PLANNING COMMISSION
11. SCHEDULE OF FUTURE EVENTS:
As listed in the Agenda.
ADJOURNMENT:
There being no further business to come before the Planning Commission, Chairman Zirbes adjourned the
meeting at 9:06 p.m.
Attest:
Chairman Bob Zirbes
Respectfully Submitted,
Ja DeStefanr
Deputy City Manager
n r,
- 1 1-_Ls.4uu.�..x.u.almmunxllllr,M,,.aWmNMJxn+--..., ro�F�IM--.nh�wlnlnlw..J.r.. �-xMix,�. uN .+F Nr-n<--„xrv.Imdll.ul.M4.nuenlM�w�xMi bmlLrlJu.I.�r.WldWl+ll=_ _ _ _ ____ -__6
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Mayor Huff and City Councihnember O'Connor
FROM: Linda G. Magnuson, Finance Director lly�
SUBJECT: Voucher Register, September 18, 2001
DATE: September 12, 2001
Attached is the Voucher Register dated September 18, 2001. As requested, the Finance
Department is submitting the voucher register for the Finance Committee's review and approval
prior to its entry on the Consent Calendar.
The checks will be produced after any recommendations and the final approval is received.
Please review and sign the attached.
ClT� 3� D]�MON�
R,EGlSTER APPRD�AL
,he
attache� listing of voumsrs
cJIate� AU��S'[
z9,
20nz �ays
bee�
r-,viewe�, recc:�mer�eC: +c~ pay�a�t.
�ayme��s
are
�erebv a]�owed f~oa the following
-in
these
amounts
��mD
DESCRJP7Mm
PREPAID
Y�UC�ERS
TOTAL
.OV
a,075,OO
�.075.0o
A - �����]T FUl
.00
53,5M.53
53,584.53
zz5
l��EG�fJED �ASTE MGT FUND
.00
99a.92
r?6.92
118
AIR MTIrpQ" PC (AB276b>
245.39
24T.39
125
COM D -7v
.00
11.0O
11'0O
CI�l��M� �PT-PUBLIC SFTY
.00
1,801.92
1,861.9?
138
LL»D
.V0
10,654.46
z0,654.46
13p
L1 FU�'D
.00
5,161.50
5,161.5n
141
LAW 141 =UND
.00
1.437.00
1_437.00
250
FU�--,i
1,605.02
12D,296.79
129,902.71
�3O
�O�P�/TE� nEPL�[�EMF�T FiUVD
.00
5O9.76
509.76
REPOTF FOR Mi. FUNDS '
1 -7
-----'
AP3VEEtv:
�
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city :*,age" -
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11UHE, P. -Molt- EP
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[!Ll� Tffl (t01 18 "2001
r", ILUT
Ir. DIDNIS DY AUCE
INS! Eks-r-RALL PI -D -11C FALLCONIS II S. W
AL
X
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T
CE 07 A; VOUP EF 11L et��t
T OT IN L
SLAYEV
KMAII CON' -9,7-7/01 A
PREPAIr
,q'Ll ISEII
TTD41,31.
CCr4rRTPTInC.41
c
AMOUNT
cy.-
M
50
m
MPP.-- -ji:
L
21 �.18
CELL
7 43.
'C -C771 I-
SLfpp .
-F -1 � F
0,0141,15'r -J-421-25—
Ll:j
.AKES-GEENEERAL
44.41
:t~'_.,92 P-1 IES -l' ' E AL
!-F EER
0�0149090-2125
TP -F r V
2 1776 SUFFLIES, - I I D Co
-52
.S, l
5
-6 PLTI
2 31 H
2 2 4 6 12 -.:., ,2
CELL
t --'r F G S - ', 1 MASER T I
MA -
126-4411 4z!25--
22'-,':rcj- 7-1: 1
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C HR 3 S - ;St 4. t R. 11 FF
26
7
Jf!7
01,
22477,25-8,729
CELL
CHFE&VOIL PATI ROL
26.40
01,11 1 42 125
Li2' 1231-8/2.w
;ELL
CHRUS j -'AL
yu . 00
61-
01 1l --
-x',:14-.a-4",_... 1--
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-
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CELL
C F?--, -r S - FE NIE RAl-
30.68
SOMAL PREEPAI M1
.00
T101AL V IDERS
21,
.4
TOTAL DLE UENMOR
21-11-84
r", ILUT
Ir. DIDNIS DY AUCE
INS! Eks-r-RALL PI -D -11C FALLCONIS II S. W
AL
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4. 62
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2 1776 SUFFLIES, - I I D Co
40 A) - 4 1
5
-6 PLTI
2 31 H
24 4. 118
TgTA'-
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7
Jf!7
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517'K 'EFUN2 P
50. r.10
T T I F E? FR � A
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op,
-cl.r � url rw FF B
AL V �4 h..
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45. 75
T I'L Di ENT -CR
. I - -11 -- I I,, "Im, . ... .... . ..
CLITY 'I-- -PIDAMOINS BAP
R UN.' DA7 E! C01112 --Ki I I A!, 3
VOUCHER
Ir E T LM P 21, x"13/`"? .1,
T
FRUVO/S CT -ACM -PIR, 7-_; -Af-rT
s.
TrIVOICE DESCRIPTION A -IM! 7,.AT=
NT c1l: K
CA AWESIN C= C-LER13 'Sk ELECTION OFFICLIE
M"
TF
-sTPL FFFD��"TDS
. 0
T GTP'- kill"icuPs
125. 0-0
I �11
;CTAL DUE VvElkll.F.
IN. n r. A T 0
MT '4A' F RE PP. I "--'S
I
50' 00
TO -AL "K"PA". IDS:,
T G;TSL VDIKHERS
2,256.55
T. T. i�.'=
-5 55
217�
:�q 11 7C Mt T , I
2 2"
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i
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�01-
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'15.5
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T rl-1-7
515.54
0-4;S!5-129t-'L�P15
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-
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5,0-05.00
'Ti A DUE %EENDO-R,
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-v w
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223.02
08131 01 PRINT MAPS IDMPARPAL TRFC
2-59.20
-T REP 4
21P. F"- ATDS
. 010
Tl 0-1 AL VOUCHERS
482. 22
T 1-1-D, F A L LUE t&NER
42'2.22
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160.00
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fV
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X
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22,21 4 1
is, C T S CS -DE On
TF-ITAL FREPAIDS
luo
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f-,
00 AL DUYEE VENECR
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5:5 0
5--
Il 331
29 6 t"TI-L! cm y
210.00
-4 23-- - - -
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2K. `X,
D,2". KEIR'S
00
Am
TCTAi - DUE VE, DUR
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T P _-F
Cl T -OF D I AMC.-
TODN -DAT P 09,112112-Ciril
I'VE' 'E: Ur -L. T
A rER t I T DUE U�E&,
PION, BE "OPT:
Oful 4-090- 4-13 1
57 23, 10 - -
A IJO - 0 1 MUEL-CIIIHIMIM SVE'S
Z i 58
T
".'15510-42010__
A1!G,;7 Wu.`'".`
115 .70
TOTAI p PAHES
'3 T V 0 C Pi E R S
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4 C, �-I . CSL
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2 0C,?/lS,`2.'Nl 5'"19
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24.84
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407/ 411 -DAI rrsMp PqlnToat
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T'l-rL. !- - UIE �E R S,
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74
22.29
TOTAL DUE %-'ENDOF
42.
11126
S
& Er�,ICC RT
Y 20C11 Ul i LE JUL
11,979.71
00
G T Al- Vn
1,979.71
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:,=3 ?9,71
CLp%i:ZP-Pjl i:
€0
3z J. 00
TP
330.00
F-HE-Ft"'L EXPRESS
e,9272_4507•' EXPRE S 1--3'-aL-'li "T, CLERK
-ru
59" PPRESS MiL S
75x!34
5'
5E.-, C
EXAP'ri.KS MAIL-CrIEG
11.00
v rjz�
592 t24567 -S Ti - _V
T U T AL US
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63.51
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it's'. iii
TEiT r,: n, F_
CITZI lij 4:
C H OF DIAMONE", BRI .
RUr; :.{%'',%_ 09/12! '2J.001 14 1 C. 0,
V01 -F -HER REGISTER
P
DUE THPLI! OP"!IC8,120,0*
— -ATrr
PRs.
-172 i" -C —,FR r, AlICT
C
PO
m f, 7i CZ
iki�E E -C -RI PT I DN'
*08 -ti
0_1"-'-i. ROP I E"IC-LANDSLc:
139553?-441,300--I-e-A
i
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Gt. 20
1 - 4 4 0 0 0-
;-._T'141=54
FRB-- EVC-LANDECP A 'EEP m.2,
1 Cl 7 77
01108-26 PROF MS-DESION' EVES,
i I . 115
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
-r n vEt4nn.
CE AL DLE --p.
993.06
9-llE,lolNlTD',D DON7PLEZ
r)l2.
51 R7E 1! u PD EP-RO'
w D REAGAN
TOTAL HIREEPAIDS
oo
Tr
0
T, TA ;, E
Yj . 0-o
66
P n NO CTR
F,0- H
PA I I. -S
00
Ii D E D15N
u
iu
00455 8-155.�.Z
;r 7-T R,�PJ; -Aj,'Gjj31 of
,AA
01 F P 1
HE
4 oll
15L PARK OPE lfZ
14' R A SUPni-1—
104. i i
TCT.._ A-1
T IO�
AL 1-10=1
4. IS"
ML-.qT
T R P,:-- F I C- S -P�C EC_
SM -1 T S E
T7.57
! ( T.-,
7- -Ul- Js. fvlf— Is r.
57
UAL PREPRIM'S
T OT AL `,U-DEFRF
aim
73TAL DUEE V--N[:0R
7�-- 14
E E i4 T E Pl- 1- A P E N T E VA LL E-
01IM10-42355—
Sep ,0i METISS ON W! El SUPPORT
TGTAI F --
-,E
00
o' F�-,-
vlR.3
T 0 T AL DAUE VENDOR
—00
PROMO EUPP-L-G,-
1,341.70
-0 7AL PFREEPA 1 DS
T CIT AL VOUCHERSt
.7!.!
TOTS -,EVE -ENE) VE-ENE)DR.
1.10
Li i i C iJA�rwC4
iLlh D 001/12/.2001 14:10.-003
V011HyR RESISTER
:AGE7
DLI TcL= ` (I Jig; OP11
PP EP A T r
FiJ #
i{ktt!1 i.E MS^il f' BN
A"4{1UN'p .;ATE
C{JM:1
tlL3v�Li �iiwiL!
LASx_5UMME.
CLASS -SUMMER
16 s.,
.'u,ofs.c'HC-Yc;v.-
TOT, AL PREPA I DS
a ou
"7T 4 `1 toItFERS
t i..r: O ,
TOTALDUE t F V,F3
iFiLx_ 4..3 �'��S
1 ..s, 00
F��'sk',
H3i }Ni.:'!!! 4rS L._L'RIj t iii! Ivy
�if.t_•-::...,-- vJ_ iti'.;:i:-.
5yCy,C REFUNDfii. liEo_kRTr_ K.ortto
c0t
:C' .
001-23 02--
n>3 _.
5 r� _•. r.-
:L: '{L` t(�fLi 1 ll
^iiy:;f;it DEF- k: C E,;. ��`
r,ks s j!)
L:l,•.S
AIDS
'r
M IP.L Y3i..IX HER5
450.01
2K REFUND
Or.
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f,f;
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nt,
nc
..'3i1:,.: -
.!i rc' _L:.vfkri �`. 13�r-�`raTER>;
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s_Cip,,G}?Fr 2736 ': -iTC�IE�TL4i11'_ECLi vJ
.sv�ry
r`i�J•;.- -. ,5,
T-:-
l:"-4�LLIES
TOTAL PREPAID'S
.00
+'r.+i•i t:l'.t,.,z--:.,..
_ F.F.
"E DO
V. s` F ._ Li —� _
K. rC.
"•:- <-.."-.
+..- C•B._tii
__'` .
'ti,:.�_•_ , L-.:;,.,.�.
C's, s
C° RC n A i n
-
T—.1 V;-, is , ,t->•.+.
^,Fl
ilT: i:_ I-3: = .i'4-tTot,
cf
r�; LS ��a,/•.P:
:r, .-'T4CC#ClIT T"L.`S,T-''C-j
r :.-
_.-;.
_zr l:i Cr 1 �: vz:f3' T,1
- _ n_.. 'J. �isuL�._ LEn" TIOU
R'; Ye} r:.t rune
6 -r,--.,. _ 0 r 1A:•-��,i.i?
c 9ry
.+�.2
,%s{$;tifa_,rfy'`�ri. __
_
i'['1 it-i� i=s '., _ t;i=i ;T-. €3.: ii'.i.IJ ,.s.
.:ry.':::s .:(`r_. �`kRf}t
:r �y: 1
cnr _�4
;`!:_2-l:r __
F 3'.-3 'aAt!il^y, fsi r' NIT lc EFTS
51
p
36,`j7i.'r.c? �'rf i:J(2001
5092 .
Tr;TAvouluc°,-p
:, �_,_,._ ._
CIO_
TCT `L �S_3- Vc_r7'!-i*'
iz' 7'�•�_
R.&I DATE!
.K. -Di- C -T- D
AD, 111K 11 -ASCIT
-D
RTC, L
i: T DATE -Lc
AP
EF C;
5KAf�00-46230—
C�
FE! -ASIH FOF S
0
TPS'; CAF'T;:',UHS-
6 J C g V
TOT;;1
F1;C P, L. S
afi G,
- p T
3 r! Cj
L,,-A—A
LAK -D u
51250
Q7
H. i, Im —l"RE t'.—LD
I ,
35 JV
N MASTERS' 'T 1 ON
AL
I R -PAIrt,
TOWL
', 7, U C PIER'. S
2� 317.5
T
4
P. -BRc: r m pnp,
6 .
4
L
TO,VU
1—
EEC!
1 11-i -4
Ut -010,
E. a C 1,1,
T IPT PL
FREPA 7 "S
TCT AL
VD -131-- HU,*Z
3,432M
TTAL
DL;F- VENDOX,
3,402 0
4 0
11 -a �7
OrY 17%'_
Fr1.jjPLj.-_F -0-cT
C1 BEE R
19,774.95-
T 01. AL
1PREPI. 516
TOTAL
VOURCHIERS
1},774.95
TOTAL
DUE VEN'DOR
J t
19,774,C'5
H r, 2--M�A 5 ON NIC
JA
c C i 4,-j i 4 4 0 .1'r'--
112' 17
ul - I NE —P EF
L-t-'Ej H, VfSV':-' -6.;� T 01
3 1 o "o
-DrO
07 "il-
XjOt ;-7r,, 6,3
""00 OQ
T 0' TP,
DUE VENDOR,
12-8
4 V.�
0, I -E
"lie 2.v
7F. CZ:
-N vf`
I L -7i
753'JO
7 -1 ..R
DO
r-. U,
T
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D
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'AMEEPPS
.71
.71
f -TY -Z
-0; 4z
RISN nLATE- Orq'12-212 011 T
RE 0 1 S E PAH.
PDZ 'Par
Tr
D. DESCR'g-1 Mk vi DAT -
All -Lji4l
0
TOTPL F"IEF A TTq
�rl 15
T 7 p n c f -n
G: AL DUE VEM -R
31 A .2,,3
t rnzCui:F; gutrqTc
Y!
TrD-TA PREPUT'S AV
, I ; .- --
CTRL VOTUC�ERS 314
T-1 -3 14
7 -3TPL DIE
TZC
OFTICE EC'-MMAFPIN C'VqTP!I`
44-6. 1, C!
7M. 7
— " I
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Tr:.TAl tmy.rw P-
p. E-fc -cc-
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2
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35
Tr T t-li VE ,1-
D' E DR
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7
5 35
31 A .2,,3
t rnzCui:F; gutrqTc
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TrD-TA PREPUT'S AV
, I ; .- --
CTRL VOTUC�ERS 314
T-1 -3 14
7 -3TPL DIE
OFTICE EC'-MMAFPIN C'VqTP!I`
44-6. 1, C!
7M. 7
— " I
Tr:.TAl tmy.rw P-
Y -
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t o
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00,
T—
i, -p. E z c-r,.t. r
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925
L
4' .15 YZ
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T'—L F=E -All
T-7
T
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MIA 'C'ASSIR-Aul," C"!
4 i 0
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E
UE 7
t".TT'-'u -PiCif""00-1469
MAI oll/i,8112,C) CI i
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4
DTA' VC rNIERS
oO,
Ari
7q5I,kj H E0, P! UCHER FEE ISTER E
A - 0, 2., Wj l l
G: -PAM
I RE: A, 2
FU'*ND,'.SE"'_T-. CT-PRS�`K_T-AACICT c.rj plun-'r, 14T j%LIffc,
T DIU' CHE'D"
LE AN5LLES CGUANTY F�J'Bj TI �_OR L�
114215 ARO'164 7 ".63.59
I RST 1 3345 .2L-3
ND W IE 57VC-S-JUNE 01
00015554-45504— AF,01e,51 TRFFC SOMIL tMAINTI-JUNEE 01 '222.6S
TOTJ`, PRE AIDS o
. AL EP I
TOTAL VOUCERIS 1 J-3-1 .60
JTRL
BUIE VENCOR 1,73' .60
`7
LOS AINI&ELE 53 C'Lli T Y SHERI FF; S DEE
1 .25 -45 03, KC -
11 5� _C2 IrRITY-TRANISTT Sp.1
L IIE r.
017 AL V, OH-11"DE i f i 61 9 el
T .M
I_ DUE VENDCR
'i"KADEE ELECTRDCAL CONSTRUC-101h
—.0M i;=-1630, -464 1
Ti. =C
C Tt3r4t,,'�
:'o-ME.,..6
4
-7= 9.
-14 TTAK
112. 2
S El
CEN�S
I.'
27
11 '. KI
2 2
.15,L
ST
2511"1"15 10 - 4 12 i 70 j) I - 4 & 12
1
5
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S EGN.Am:
r !LST
V.
TDL Tr
L
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T i7.1`
L�11
U.- = Tr
1�_4= C't-*
J,
TOT4"L
V"I'L�EE t'
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N
43 2'
"1"0"
1�9
TOTAL PREP -A!
T-17"
Ur:t;_Q'=
T ,7
120,k9,?9
2C
-14 TTAK
225. 1 S
!UTA F" F A 1 rIS
r,
10
a EKE
Tri ki Fc
—
U.- = Tr
1�_4= C't-*
J,
{tTP
N
43 2'
TOTAL PREP -A!
T ,7
2C
1,
TO. - AL D E I'; 7D rIt R
'n
NIV
14-J!'-
15 9 5 ".3 - A U! __; "IE -T RO-1
Ty
I 1 11 5i 5 L"I 0 ROL t 11,1jKit -AUS, 01�
8,60-.80
TMAL PREPPRIS's
Is"
T i -
5, n T tU P EP'-'zC4
4 C-. ( j
TOI-; pl I!U4= S
43 OCT4.00
AUR. F-ITATROL INC
7_ L/C REPAN-PANTIEU
PK
75 . 55 0
Tn-, pi
TOTL,I ki Ur C
75.50
TMAL DUE VENDUR
75. 550
.-I I
PA'Y'ROLL IFRANZFER
on-in� �-_-
pp ISPAI P AY ROL L - 9- 4 2- Gn' 0 17
I U .1- -'11 -'4.4 11-1 A -11P
"W
118,101
jltC-20-
LI II F D AMOKID WAP
G
RUN DATE! nzc�IIZI'20`011 14,10,01.
PF
f,
-'DUCHER DIEEMSTEER
F. qj=
A—=is
I I I "pvI 1)
09 "1;R,"2( -@I
pp
D�1111:' T Pl-
OC -1 102-00—
FF is is
i Ino.00
V%ii8/2001
pp
PrIL'F-1ir"
C�Ec Z7 C
TOTAL PFREPAIDS,
Nil t7 of
JI -E LESEPT-n ON C-'
DA—
TICT A" VOLIN-1-112-P.9
00
OTE-
VDICKER6
;0'
DUE VEM730R,
-1 UL—Crs..
001409--422--3-1
5
.jTP
T
2 S
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-C-gl
np
prPcAIil-
n
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AA
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11 r(�'- S; Q? f I '2`-0Q 1 509 16
DIED
N "DOR
5 1,7
Pi
"PEFUINIL. PIC, -CS"IMMIZIG PK
A
c31, l0
707,0'
TIFF
1 i24
TD M
C'7
HOTAL
V I JFY, R S
6 10. '20
T 0 T A. L
I'LE
6'. 0. -20
ELA7,11,-,
^;OL
4 3 �'5
RE'KEAUTON! REFIP1411
Cv-
70TAL
PSEFAIDS
T
I OTk-
F.
'QUir" E,81.5
Z'f`21 00
TOTAL
DUE VE IMF
32 .00
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PA'Y'ROLL IFRANZFER
on-in� �-_-
pp ISPAI P AY ROL L - 9- 4 2- Gn' 0 17
9 3 0 0
09JIS/2001
118,101
jltC-20-
0
G
PF
O�... io-
V.
c) il'4
p Mp'l PAYREUI
LL 1, 1-101
I I I "pvI 1)
09 "1;R,"2( -@I
pp
OC -1 102-00—
FF is is
i Ino.00
V%ii8/2001
pp
19AOI
TOTAL PFREPAIDS,
TICT A" VOLIN-1-112-P.9
00
CIT11' IF IDIAMUIC IBAR
RUN EA.TE' 0' /12!:XQI` 14WAI�03
Ur.
'VOI IDER RESISTEFT
DUE THPILI! 06"'IS",12001
PR AIL
D IE IL
li
fM; nAT E
DD i -I e.-MTt Z=c
,Jl
DD 14�-J
o S�07 A', T.� C r t;
1 S/2,00, 1 __'
i 8 2 4 1
T CY A! L VU C. PE
C.1
--=RS CZTI5ZE 1R.T FUND
P R TIRE CONJIFIEF'
S cl� /-iPi2'J. 1 -2
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t:
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1! ltln 'T
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r" t - f"-
1 1r, i _..-?i
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Tn,T' I-KHER'S
L Vl
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_'.;i.=cc
P43TM
2 H
9- 51f
PARK
T i -!TA- DMOLIT-C
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431n1.
—32
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•Q0
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ML- DLE VENDOR
00-11,00
n; K t," PT NT'O`Ic-t PI!
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355 . 00
"I PkP, V T hH PT
.,.j- �l, —2
v TIUNTS-71011
235 , OQ;
T FAL HE
01
Tf Ej T AL VOU'UPERS
640.00
T 1 Vr
61 AP"Ol . DO,
51 REFUND Pit' Dizz-P..NTEF-� PK.
51,1 t C*
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ok,iir-174-41-
1, r-: CT
7i-:
0
f;51!.E0911EV7 01 cr, 2
AL iR h i
5 0 0
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TIOTHI; Ei-':� kjn' ",,OR
RAI-;Tpg "ATERS
IQ 11
001ff'350-442410--
EXCURSION -DAY CAMP 8/15
914.19
TnTA PREPAIDS
D AL El A -
.0.0
T OT AL VOUE-tIERS
91-1 .19
TCITP rq,!P —
�L VU-JIDUR
914.19
RALPHS r DE Rv CGM'-A;l
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ij
101-84711, SUIPPLIES-DAY CIA1,11P
41 . 6?
ilii 0,-T
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'.5+:_ J- — - . PL —10
1
T C, T A L PREPAT ES
00
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0
51.55
::a_...
1.1441 PP-TIIT S:,'LS-P rip
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TOT. -IL PREPAID -SE
T rDl DS
211 I-¢1141.
TOT NL DGE VECGR
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41...
!`1i. , C-011-PHER. S._..-S_Oil
2110.01i
T D L DUE
--1 '55 44-455377
C `
1 3 i's
CS-TRAFF ..L MAINT-Al'
-IC SGM —2:
C
38 CIO
F ,
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13 053.34
Tn. P! D IENIIDUR
4 3
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Tf F E if Ah,r,-j
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h1 3T ',a E! F_00-- i_q i cWV.'.
U
ILE THFF. j1:. 18- 2 U
PRE A I
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I U D E E A 2 C �:'I,2CZ E T Us 4� 7r12 TpTTrj
p
7-' 4" TN.3T,11 I -q --C,
6
ONO i 1 0 - 4 1 Q - - 361 MORS L."ry HA!
7OTM FIREFATrjS
14
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I— — '_ B . 3-., 92'S 55
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TDIAL F"EFAIDS,
101""I.L '2, 604 so
2,604.650
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T I
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13
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i 58,"Ni
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SN S - P ARK
77
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7
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4174"32-8 "22!
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126.09
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84 3 8 -3
0 An I 101 q 42 i ::t - -
t 01 3,32E d
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00 5_' 0 - 4 121
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S VC1 S - FA N TC R A A
3,701r;1.57
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LEASE
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SHERIFF ENTIR-Or 01
1,2 x.00
126. 4 4 11-4'`--
11048
CAM SFERIPF CANTR-OCT -31,
7
TO TRAL FR;:RATl
Us
.00
01TAL VGIULHERS
1,500.00
TOT AL DUE VENDOR
1,500.00
CITY OF DIAMCN-V IBAAR
RUN DIATE' 10,9112-/2"101 14'l0 --%C,3
VOUCHER REGISTER.
PANEE:
15
g I , -1
2�L!Z THRU! ",C�6181-001
F!:K,jDl fEf7 'T--:-.rT-j:- �D T
R-,�ZL.T
p
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D
SOUTHI-AND 9 ORTS O-FFICIAC-
OAII� � —, 'Z I
-3-ti"'.. V53;010--
7716-8.07.01 AE L� SPORTS OFFICIALS
6 50 01",
09fi-8-11001 5C,,:09
—5
S.121-9/411"011 ALIULT SPORTE CFF: CIALIS
-6o, cn
Tr-lk- HENA11D.iti
TOETAL MUCH RS
6.- .00
O -AL LLS, %END12R,
un SUF 01 LIFE INS PREMS
0-91-18 '20-'-� 1 5"" P
i6-2 SEPT 01 1 lcp INS F -PIA
L cg�
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TCTA: 'ZZl rC-
744
TnT I DIU` VENDOR
7
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3-:-4
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ROAD KAINT-NAME/Ml FC SEN
2 , --.-IS'
TOTAL PREFAIDS
.00
-HE -:�
-1 c VpNnqR
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2,07 .4!v
op
OF 4;11A
or, itic SAt I -,Y AT 0FM--Lq-9! nl�
11 � ., S_ T I K12
2"47.25
09tlg200" 505"13
7MA HE AIDE
1—N 4 alp
347.251
TIC IF Al. VO! EHERS
A
347.
3-,, 'j. EM7 RFRISES PC
MA Lk;4-C
43 .46
'U,'-'- K E F' Al E
LIE klr*l -u
A a-
'OTAL DUE Ul-ENNOR
C30 46
091'! J: MTG 0 PC -CC Sl. M SECCI P
14M
c -LAN M',
..TO SU; F.R. W.
98
T T
n I AL PREPAID
'n i
T `7 AL 'M 1,11C F I F FS
24.95
Tff,t r;ir � U flnr-
24.5t
71 Q- THE UNIVEI-SITY OF Q.A.
0'015- 10-42-340—
SEEMIDNAR-l- M-11-10/5/01
240.0
TOTAL PREPAKE
(10
—2-
240.011
TOT.` L I'll -E VBOE-H
240.00
W NE S -141 -AU -111
14," 4 2-1'5__':
-12. -011 "u-
32'0
4v 9- - 'T 2 115 - -
A-1-1:1-1VI-S '•i1';'
-0
T DT
T QT AL VICIUCHERS
650 . 00
. 0
........ . .. .. __—, 1-11---.111,11, I'j",11 , - ___ - - __ - - - -_ - I - - - ___ ___
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t i r:7 :i ` A 10 Nils —b A
RUN DUFt VDICHER REOISTF PA L�
AGE
DUE, OOVIIO/21150i
PREF AT. P
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,
141- 0 - 4 2 0,'; - -
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At FF, P D=xtf
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1 "
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2,lY 92
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!,12,0740-8 128
Ij
F Elli-t" DE' 17N' Mn
9. 99
00t"t
4 42125 - -
LI� 0261 6 — S j I
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39' VIM -8/1"
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5 .72
57 -
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01—
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1025.51
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50.12
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5Q49117-8/15
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771.93
P =
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CELL
XtLIt4cl-14
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2.14
ER Z .j WIR -ESS hE SA512 E
D
L811.81?iM.i PAGER SV4.S-9101-11/330 680.19
70TIAL PREPAID'S loo
TUAL VOUICHERIS 6-30.19
M W
AL DWE 'VEINDC"i
VERIZOV WIFFEILEESS-ILA'
VD
CE t, R i RE.
9.1
0 ? i
Dri S-SCIONIM,
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9. 99
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5 .72
57 -
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CELL rF.R'GS—.R' MANAGER
4'.`7
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Agenda # (.-,- °ef
Meeting Date: September 18, 2001
1-1
�i "O"t s
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Exoneration of Cash Deposit in Lieu of Grading Bond in the Amount $6,120.00 for Lot
21 of Tract 30577 (24002 Falcons View Drive, Country Estates).
RECOMMENDATION:
It is recommended that the City Council approve the exoneration and direct the City Clerk to notify the
owner and Bank of America of this action.
FISCAL IMPACT:
This action has no fiscal impact on the City.
BACKGROUND/DISCUSSION:
The Department of Community and Development Services is in receipt of a request for grading bond
exoneration for Lot 21 of Tract 30577 (24002 Falcons View Drive, Country Estates). A grading bond
(Labor and Materials and Faithful Performance) for improvement security was required in accordance
with the Subdivision Map Act. The owner, Mr. & Mrs. Garlan & Chantal Lo, posted with the City a
cash deposit in lieu of the grading bond on September 1, 1998. The City contract inspector, Dewan,
Lundin & Associates, confirmed that all grading work is completed and in conformance to the grading
plan. The City finds that the owner performed all work as shown on the grading plan on file with the
City.
PREPARED BY:
John L. Ilasin, Assistant Engineer Date Prepared: September 11, 2001
REVIEW , 'Y:
J- s DeSteano
Deputy City Mtanager
11�a ' G. Liu
Director of Public Works
Attachment:
Letter of Request, dated September 7, 2001
SEP -7 ft 99
av-d PE
�2
ZUL
Az;1-
azlo1.
DIAMOND RAP71
J
21660 EAST COPLEY DRIVE, SUITE 100
DIAMOND BAR, CA 91765-4177
9094860-2489 • FAX 909-861-3117
LETTER OF TRANSMITTAL
-DATE: C JOB NO.:
ATTENTION:
WE ARE SENDING YOU: ttach Under separate cover via
Shop drawings Prints Pians
Copy of Letter Change Order Other
COPIES DATE NO.
X19
the following items.
Samples Specs.
DESCRIPTION
THESE ARE TRANSMTITED as checked below:
For approval Approved as sasbmitted
j For your use Approved as noted
As requested Returned for corrections
Review/comment Other
Resubmit copies for approval
Submit copies for distribution
Return corrected prints
FOR BIDS DUE 19 PRINTS RETURNED AFTER LOAN TO US
REMARKS: �`I' yck.
J
COPY TO: I/ �!• SIGNED: �'
m
CASE DEPOSIT IN LIEU OF GRADING BOND
(FAITHFUL PERFORMANCE, LABOR i MATERIAL)
ACKNOWLEDGEMENT AND CONSENT OF
FINANCIAL INSTITUTION
(hereinafter "Financial Institution") hereby acknowledges
thatCHAtJib,L 0+V, A2L�f�. (,C (hereinafter"Depositor") has deposited
with Financial Institution the sum of $ �/a C' -
Financial Institution acknowledges and agrees that the foregoing
deposit stands in the name of the City of Diamond Bar, a California
municipal corporation (hereinafter the "City"), and that the City is the
owner of such account. No funds shall be withdrawn from said account
without the express, written consent of the City; provided, however,
that any interest earned on the deposit shall belong to the Depositor.
Financial Institution further acknowledges and agrees that upon
written instructions from the City, Financial Institution shall
immediately pay to the city such amount (not exceeding, in the
aggregate, the sum specified above) as may be requested by City.
Financial Institution further acknowledges and agrees that such funds
shall be paid to the city notwithstanding any contrary instructions that
may have been given by the Depositor.
Financial Institution represents to City and warrants that the
entire amount of the principle on deposit as provided herein is insured
through the Federal Deposit Insurance Corporation (FDIC) or the Federal
Savings and Loan Insurance Corporation (FSLIC).
WHEREFORE, this acknowledgement and consent is executed this day
of 9- /- , 19'91
PUENTE HILLS 1067 FINANCIAL INSTITUTION:
Bank 60 S. Azusa
Avefil,
3AA.° �! �F A 1-7 C= / C'/J
Y 605 S. Awsa Aye.
Hacienda Heights, CA 91745 �7
By: 'CE 9, .<, �iVtc
!'/yPS1Rq:L/ttEHllr�ttittwera tntn_......w ....
M Bank ofAmerina Investment CD Receipt
BRANCH_ PtiENTE HILLS . No 1067 DATE 9/1/1998
PURCHASED 9Y VARLAN_AED CHANTA_L_ LQ___- _ INTEREST RATE 5.00%
ANNUAL PERCENTAGE YIELD 5.131
FOR BONDING PVRPOSES ONLY $ AMOUNT $6,120.00
PAYABLE To CTTY OF ATAMn1ND BAR ACCOUNTTERM 12 M01ra
% MATURITY DATE 9/1/1999
&L— Z t G Lr: ? ACCOUNT # 10677-02575
AUTHORIZED SIGNATURE
The publicalion.(s) you receive contains the terms and conditions of this account This time deoosrt will oe reinvested automatically for the
same account term upon mdturity or on the etlective date of a deposit or withdrawal made during the grace period. (The grace Denod begins
on the maturity ease and is'wo business days for terms of 29 days or less; five calendar days for terms of 30 Days through 89 days; tett caienda•
days for terms of 90 days or more.) Tne new interest rate will be the interest rate in effect for the amount and term of your account on the
date your funds are reinvested.
Ifyou withdraw all or part of your deposit before r1matures an early withdrawal penaltywfll be imposed. A personal time deposit is not transferable.
Please review your statement to detemfine the status of your account.
R-162 7-s3 NOT NEGOTIABLE
fiq?Rrwrko bank oiAmerrca NT85A MemOer FDIC
__ _ ___1....„ 'Pl If'C111FgM,� �_7.•---- I__� > I—_` ,'f,�I�.r, ""i.,�r.,L«1:r Iplml ,�,,n
CITY
I)WHOND 111,41
CITY COUNCIL
Agenda # 6.5
Meeting Date: Sept. 18, 2001
AGENDA REPORT
TO: Honorable Mayor and Members W the City Council
VIA: Linda C. Lowry, City Manage
,�"y
TITLE: Authorize extension of Contract with Managing Technology Solutions International, Inc.
(MTSI) for Information Technology Support Services in the amount of $10,000
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to extend the existing contract
with MTSI for Information Technology personnel for an additional two -months of service at a cost of
$10,000.
FINANCIAL IMPACT:
Sufficient funds are available for this expenditure as a result. of salary savings from recent personnel
changes.
BACKGROUND:
The City is dependent on the information technology systems that are current in place for the delivery
of services to our constituents and customers. In addition, the City is currently drafting a
comprehensive E -Govt. Master Plan to enable the City to provide service to its residents through the
City's web site. As a result of recent personnel changes, the City requires assistance related to the
maintenance of the current technology systems, review and critical analysis of the E -Govt. Master
Plan as well as addressing existing information technology issues that need to be resolved.
Therefore, after contacting several firms that provide this type of service, the City entered into a one-
month agreement with MTSI to provide information technology contract personnel at a cost of $5,000
per month. It is recommended that the City Council authorize an additional $10,000 for two additional
months of service or a total contract in the amount of $15,000.
The contract provides for,an onsite Information Technology Specialist two days a week. MTSI was
selected based on comparable pricing as well as location. MTSI is located within the Gateway
Corporate Center, literally right up the street from City Hall.
DISCUSSION:
It is recommended that the contract be extended for an additional two -months of service in order to
provide the following services:
Network Assistance:
• Provide a detailed network schematic of the current state of the network.
• Use the current CRG report to recommend appropriate upgrades in hardware and
software and networking devices.
• Set up and configure outlook Web Access to check email.
• Assist with the administration of, and changes to, Diamond Bar Online
Web Administration / Training Assistance:
• Administration of the City's web site.
• MTSI to provide 2 to 3 days training specific users how to maintain the city's web site.
• Evaluate and make recommendations for in-house web hosting.
IT Management Assistance:
• Define roles and responsibilities for IT staff.
• Participating in Management reviews meetings regarding the city's systems
• Participate in Management review meetings of IT personnel, including training needs
• Evaluate CRG's "eGovernment Plan" for its technical viability and importance, as
measured against the city's objectives and budgetary constraints.
In addition, to these services, MTSI will be available to assist with any day-to-day issues/concerns
regarding the City's computer network, hardware and/or software applications.
Since this was not a budgeted expense, the extension of the current contract requires City Council
approval. The City's purchasing policy specifies that the City Manager has authority to approve
contracts up to $15,000. However, "In the case of professional services, where there does not exist a
specific appropriation in the fund account against which said expense is to be charged, the City
Manager's expense authority shall not exceed five thousand dollars ($5,000)."
If approved by the City Council, the contract will provide information technology support through
November. At that time, the City will have completed the E -Govt. Master Plan, which will include
recommendations related to information technology staffing levels, and can re-evaluate its options for
securing these services.
PREPARED BY:
Dave Doyle, Deputy City Manager
Attachments
1 MTSI Company Information
2 Resume of Srini Varadarajan, IS Specialist assigned to Diamond Bar
Profitable e -Business ______________________
1
1
1
You get an online order for a product that is
1
Profitable e-business. It's not an oxymoron any 1
sourced from overseas. Your inventory of this
1
more. It's here. Now. 1
item is running low. Two days later, you get
j
an email, followed by a phone call,from the
You've probably heard the phrase"a total j
customer who placed the order, inquiring as
e-business solution..."thousands of times by j
to its status, and asking additional questions
now. But have you ever believed that a 1
1
about the product.
company could really deliver on that promise? 1
1
At MTSI,we promiseto make you a believer. 1
1
In a perfect world you have all the information,
We'll simply get it done. 1
1
processes and systems necessary to manage
1
i
these transactions in a way that's beneficial to
all concerned - your customers,your suppliers,
your team - and your bottom line.
This perfect world isn't a myth. It exists in a
space where we consult with you to seamlessly
integrate Customer Relationship Management
(CRM), Employee Relationship Management
(ERM), and Supplier Relationship Management
(SRM) - with the technological infrastructure
to support a smooth and profitable operation.
All day. Every day.
Employee
Relationship
ENTERPRISE Management
(ERM)
1
SUPPLIERS / VENDORS
Strategies -or Success -------------
Who
Are We?
A technology consulting company with a
unique understanding of business realities.
Our services range from developing powerful,
fully integrated e-business solution(s) to
providing systems, software, networking, and
implementation - all with the highest caliber
of professional services.
What's The Difference?
Shortest Time to Value
If your e-business plans are worth implementing,
speed is of the essence. The real goal is achieving
a positive business impact in the shortest
possible time. Meanwhile, your business must
continue operating while we help you move to
the next level. Speed is critical. Our unique Rapid
Application Development and Rapid Application
._-....•rnm:°"e,. .�fy.; �F`•F �'r�•v'...'.;�•'}'.. E�i`a.�.n,s1. „- ::
An MTSI Success Story
Thanks to our application development methodology, we were able
to complete a custom application development project, originally
estimated at 15 months, in 4 months. The, application had multi -tier
architecture and incorporated "open standards! It minimized the
deployment cost. Our customer was able to take the "shrink wrap"
product that we developed for them and go to market - beating their
competition. The entire project was done within budget, in record
time and with the highest quality. But don't take our word for it - here
are comments from our client:
'Congratulations to you and ,your team on meeting all of the milestones
and delivery. I've been involved in programming and system development
enough to know how rare is such an achievement."
- Vice -President of Marketing
I have remained impressed from the outset to the successful conclusion
of this project with your team's professionalism and commitment, It is a
pleasure to work with people rr'ho deliver on their prom iscs. You and your
team have earned our respect."
- Vice President Knowledge Management, and CIO
Deployment methodologies enable us to
get your solution "live"- fast - while your
competitors are still paying for the implementa-
tion of their e-business upgrades by the hour.
Seeing results quickly also helps you rapidly
feel comfortable with the relationship.
Execution speaks louder than words. We
typically look to create incremental payback
scenarios in 60-90 days.
We recently completed an assignment that
the client expected to take 15 months - in just
under 4 months (see sidebar on left).
Highest Professional Standard
We know it's a cliche to say that our people
are our greatest strength - but it's true. The
core competency of our consultants is the
foundation of what we offer you - and the
foundation of our success.
That's why we have a unique mentoring
'program to support our people - and ensure
that their skills stay sharp and current. The
majority of our consultants are certified in
their specific fields.
Plus we offera guarantee on our professional
consulting services. In the unlikely event that
you are not satisfied with the performance
',of our consultant after the first week of the
assignment, that first week is free.
-•Another unique capability of our consultants
and project managers is that they have in-depth
knowledge of the business issues involved in
every assignment -not just the technological
issues. They understand that technology is a
- business tool - not an end in itself.
------------------------ F`;' -A Case History
`'- MTSI was asked to respond to a consulting requirement from a well-
-known global garment manufacturer. The client needed critical
operating reports generated from a business system that was not
Our Managed Fixed Bid Process :,,°.y r- , c, I well known to their current IT staff. MTSI consultants met with the
- cl
Eliminates Financial Surprisesient within 48 hours. The, lbllow•ing day the company's Vice
f ?'? President/IT Manager agreed to work towards a solution. The
our project management strength; coupled client personally assessed that the job would take a couple of weeks to
with the ability to divide assignments into.' complete, and budgeted it accordingly.
strategic milestones, allows us to.provide fixed—, The implementation process began on the third da %, and, within 19
bids and control costs. We share'our lower hours of commencing work, ihr, necessary solution was put in place.
operational costs with you while providing the The business operating reports were successfully generated to the
highest level of value to your organization. '` satisfaction (and delight) of the client. More added value was
created in the engagement since the client had personally assessed that
Our cost structure typically is twenty to for the job.would take a couple of weeks to complete.
percent lower than the current marketplace
for a comparable or superior value. -
The MT81 Consultant completed the job, including knowledge
transfer and documentation, in 40% of the estimated time, at a 50%
cost savings to the client. As a result of this successful engagement,
MTSI has established a firm client/partner relationship that
Customer Partnership enhances "the pleasure of doing business".
Everyone talks about partnering with clients. r.
We want to demonstrate our commitment to
that partnership by minimizing your risk in 1
deploying technology solutions. As your 1
partner, we're willing to share the rewards Comprehensive Project Management j
with you, while capping your risk. We offer This process supports assurance that the right 1
fixed bids on consulting project assignments expertise is applied to your project by the best 1
that are based on realistic, rather than possible team for thejob - and that the team j
pessimistic projections. If we spend less time works in the most efficient and cost-effective 1
1
than we had estimated in the bid, you get to way. Our senior project managers have both 1
1
keep the cost savings. domain knowledge and technical knowledge 1
1
that directly relates 1
to your project. And 1
,f'° 1
4 every consultant 1
working on your 1
project has access 1
`- to his or her own 1
mentor - at no 1
extra cost to you - 1
* ` ensuring that you
te=e=
get the optimum
solution to satisfy 1
your needs. 1
k •. 1
fi� —J
MTSI is the complete resource for
growing your e-business today - we'll help
you make critical strategic decisions, and then
we'll design, install and operate your power-
ful e-business solutions. When you engage
MTSI, you get the best possible expertise in
Solutions that compete with the best of what
the"big names"can offer. Best of all,you get
this expertise and experience for a much
smaller investment than if you were to engage
the services of one of those -names"
! technology solutions - solutions geared When you want to just get it done"- at the
1 toward the realities of your specific business. right price, in the right timeframe, call MTSI.
t
-1
L ------------------------ -----------
e Commerce
1T1'SI designs and deploys
c -commerce solutions based
upon the customer's current
technology landscape and
internal and external husincm
drivers. We define and integrate
complete e-commerce solutions.
We tailor ERII/S(:M solutions
and ser-,iccs to the unique
needs of our customers. With a
16Clas On Value, chain inusgration
and ratending the enterprise
via the Internet, we specialize
in full solution life cycle.
MTSI provides
Project Management,
Business Analysis,
Programming, and System
Integration sen ices in
all of these areas.
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ment (CRM) applications make _'
if possible to give more person `
alized customer service than
ever before. We provide flexible,
cost-effective CRM Application
services to enable you to conduct
customer -tailored business.
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develop an,
successfui"Zepiuymeat and support of complex application fir your need - within your budget and
business applications..We design and implement' timeframe - while assuring; the highest level of
complete IT solutions - from the communication quality. IVe also specializes in creating AI'1 and other
networks to 7x24 mission-criticalbusinesssystems- unique, inlerfaces to support Your specific business
all with predictable pricing. nee•dn. chi r surto of the an product development center
with its QA lacilits ran also pros idc post-dcvc:lopment
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M TS 1
MANAGING TECHNOLOGY
SOLUTIONS INTERNATIONAL, INC.
Srini Varadarajan
9091860-8271
SUMMARY:
Over 6 years of experience in the field of software development and implementation
• Project Manager and team leader.
• Techinical Lead for Business Management Team for over an year.
• Functional project manager for 5 member team on a Control Processing
system using Linux/ Java/ JSP / Oracle.
• Technical project lead for 7 member team for'DATAMART / KBI DSS on
Microsoft SQL with ASP / VB Script for front end.
• Team leader for a project involving integration and support of Made to
Order business rule and integrating legacy based system with i2 supply chain
management software.
• Analyst / Programmer for a garment manufacturing industry in developing
and maintaining their Web Portal on ASP / VB Scripts/ SQL Server.
• Over 2 months of Siebel experience. Installed, configured Siebel Sales
Vanilla Application for MTSI Inc.
• Programming skills in ASP, SQL Programming, VB Scripts, J Scripts, Java,
JSP, Java Beans.
• Have in depth knowledge of business application on Build To Order, and
Make To Demand process flow, Process control and monitoring.
• Have organized training sessions and done classroom and one to one user
training for products.
• Good communication and interpersonal skills
HARDWARE: NT server, Linux
WEBSERVERS:IIS, Apache, Tomcat
SOFTWARE: ASP, SQL, C, VB Script, J Script, Java, JSP, Java Beans
DATABASE: SQL Server 2000, Oracle 8I, Flat Files DBMS
EDUCATION: Bachelor of Science in Mechanical
21700 E. Copley Dr., Suite 187 • Diamond Bar, CA 91765
Tel. 909.860.8271 • Fax 909.860.8364
www.mtsiinc.com
MTS 1
MANAGING TECHNOLOGY
SOLUTIONS INTERNATIONAL, INC.
APPLICATION:
OnLine Web Tracking system
Control processing system
Supply Chain Management; Order processing, shipping and billing cycle.
Have business knowledge of Build to Order and Make to Demand business model.
Have experience on how the DATAWAREHOUSE concepts work for a company.
Pension Payroll system
Customer Relation Management with Siebel Systems.
PROFESSIONAL EXPERIENCE:
Duration: Jun 2000 till Date
Position: Tech Lead to the Business Management Team
I am involved in as the Technical Lead working as part of BDM (Business
Development Managers) Team of MTSI, Inc. This role involves going for
business meeting with the clients, engaging in initial client interviews,
understanding the pains and challenges, working on proposals and client
presentation.
Client:
AlfaColor Inc.
Duration:
July 2001 till Date.
Environment:
C++, IIS Server,
Position:
Project Manager
This project involved developing a DAS (Data Acquisition System) that will
connect the Web Server and the Legacy Application residing on WANG Server.
WANG server does not support TCP I IP protocols. It can be connected to the
network through a Terminal Server connected to its Serial Port.
Users on AlfaColor web will send in information through the connectors to the
WANG Server and the WANG Server will respond through their Serial Port
Connection. This Project is a classic case of interfacing Web Servers with
Legacy Mainframes and Miniframes.
Was involved as a Project Manager in developing the initial design the
Technical group at MTSI, Inc and at AlfaColor Inc.
Client: Superba Inc.
Duration: June 2001 till Date.
Environment: ASP, VB Script, SQL Server 2000
Position: Tech Lead.
This project involved developing and enhancing their existing Web Portal on
Intrar_et and Internet. Superba Inc is a garment manufacturing industry in
business for over 100 years. They use their web site to collect information from
the customers and users about their products, schedule tradeshows, meetings.
21700 E. Copley Dr., Suite 187 • Diamond Bar, CA 91765
Tel. 909.860.8271 • Fax 909.860.8364
www.mtsiinc.com
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M T51
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MANAGING TECHNOLOGY
SOLUTIONS INTERNATIONAL, INC.
-Was involved as a Tech Lead in developing a reporting application on their web
portal. Liaison with the customer to meet the requirements and completed the
project on schedule. Designed the algorithms for SQL stored procedures and the
Web Pages look and feel. Later was involved in enhancing additional
functionality like creating Dynamic News Pages etc.
Client: CYMER Inc
Duration: Sept. 2000 to May 2001
Environment: Linux, Oracle 8i, Java, JSP, Java Beans front end
Position: Function Project Manager
This project involved building a control monitoring system product for CYMER
Laser Machines. The product had to accumulate the raw data from the laser,
massage the data per customer business logic, and display the data in form of
proper UI.
Was involved from initial requirement gathering, to designing the database, the
process flow and creating the functional specification for the project. Was
leading a 7 -member team assisting them with business logic that the customer
wanted. Liaison with the customer to meet the requirements and completed the
project on schedule. Designed the algorithms for SQL stored procedures and the
database model.
As project progressed developed user interface on Java JSP using Java Beans on
Tomcat Web Server for Admin Pages.
Developed course material for User training and conducted lectures and user
demonstration for the product developed.
Client: MTSI Inc
Duration: From Junn 2000 till Sept 2000.
Environment: NT, Siebel Server (s), MSSQL server 7.0
Involved in design development of UI layers like Applet, Views & Screens. Data
validation at Applet level. SVF, MVF of BO layer using Siebel Tools.
Dynamic driIldown and Dynamic Toggle
Assisted in creating Users & Responsibility and effected visibility.
Responsibility for setting up the Siebel Database Server, Enterprise Server,
Gateway Server, Siebel Server and File System on Win NT environment.
21700 E. Copley Dr., Suite 187 • Diamond Bar, CA 91765
Tel. 909.860.8271 * Fax 909.860.8364
www.mtsiinc.com
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M ?51
MANAGING TECHNOLOGY
SOLUTIONS INTERNATIONAL, INC.
Client:
Enterprise Synergy
Duration:
Jan 2000 till Jun 2000
Environment:
ASP, VB Script, SQL Server 2000
Position:
Tech Lead.
Involved in design development of a KBI-DSS application over the Web. KBI-
DSS is a Decision Support System that enabled the business managers to share
the Key Business Indicators amongst the Management team and arrive at proper
forecasts for the corporation.
Data for the KBI-DSS is extracted from a DataMart.
Was involved in business design and development of the DataMart application.
The Database was in SQL Server 2000 and the Front end was in ASP/ VB
Scripts.
Client: ABPA Inc (American Benefit Plan Administrator)
Duration: From Jun 199 till Dec. `99
Environment: Apache Server, VAX VMS, COBOL, BASIC,
Position: Programmer, Analyst
ABPA is a pension plan administrator company at El Monte CA.
Was involved with their Pension Payroll Application that used to churn out some
20,000 checks monthly for over 15 Accounts all over US. Was also involved
with Data Mart on their Intranet.
Was involved with programming, troubleshooting and as analyst.
Client: MTSI Inc
Duration: From March 199 till Jun 199
Environment: IIS, MS Access, ASP, HTML
Position: Programmer, Analyst
MTSI is an Internet Solution Provider group working of Diamond Bar CA.
I am developing an Intranet / Extranet application software which integrates
Internet application to AutoCAD Drawings. This work is on Personal Web
Server, MS Access, ASP, HTML, and AutoDesk View.
Was involved right from conceptual level in Database Design and Screen
Designs.
21700 E. Copley Dr., Suite 187 • Diamond Bar, CA 91765
Tel. 909.860.8271 9 Fax 909.860.8364
www.mtsiinc.com
. -
MTS t
MANAGING TECHNOLOGY
SOLUTIONS INTERNATIONAL, INC.
Client: AST COMPUTERS, Irvine
Duration: From Aug '95 till March `99
Environment: VAX VMS, IIS, SQL Server with ASP/VBScript
Position: Project Lead, Programmer, Analyst
AST is a computer manufacturing company that used to have its Sales Division
in Irvine and it's Manufacturing unit at Texas. AST systems were predominantly on
VAX VMS(version 6.0) cluster connected through DECNET. They were also integrated
with 12 Rhythm for their Forecasting, Oracle Agile for Bill Of Materials, custom DSS
(Decision Support System) / DATAWAREHOUSE/ Data Mart on SQL Server
As part of maintaining their applications have worked on integration EDI
interfaces to their Database. Have worked on EDI 810, 850,860 etc.
AST had their DSS (Decision Support System) off their SQL Server on intranet.
The DSS was an offshoot from their Data warehouse. Worked on migrating their
Data warehouse applications from PowerBuilder to ASP/ VBScript / HTML
front end. Also was responsible as a DBA for SQL Server 6.5
Was responsible for Maintenance, Development and Customer Support for their Custom
ERP package (ADAMS - Accounting Distribution and Manufacturing System) along
with Support and Maintenance for the DATAWAREHOUSE.
Responsibilities:
• Functional Manager for development of a custom control system product.
• Involved as technical lead to the business management team.
• Involved in database design, process flow, logical design and algorithm of various business processes
per customer need.
• Analyst programmer for developing Online Reporting capabilities for garment industry on their Web
using ASP / SQL Server.
• Installing, Configuring Vanilla Siebel 6.0.1 over the company.
• Development and maintenance of applications in Order - Shipping - Billing cycle on their VAX
system. Was also on their Support Call. Analyzed and designed subsystem/ modules to enhance the
process flow and customize the software package.
• Development and Maintenance of EDI interface with their ADAMS package for 810s, 850s ,860s etc.
• Responsible for upgrading their process flow from Build to Order to Make to Demand (Build To
Demand). This process involved interfacing I2 Rhythm package with their legacy VAX system.
Analyzed, developed and support of the whole business process
21700 E. Copley Dr., Suite 187 • Diamond Bar, CA 91765
Tel. 909.860.8271 • Fox 909.860.8364
www.mtsiinc.com
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M TS 1
MANAGING TECHNOLOGY
SOLUTIONS INTERNATIONAL, INC.
• Responsible for analysis on migration and stabilizing their DATAWAREHOUSE on Microsoft SQL.
• Developed an Online KBI - DSS (Key Business Indicator — Decision Support System) application
over the DATA Mart using ASP/ VB Script
• As a team leader and later a Project Manager, I was the user interface/analysts for the company's in-
house customer support. Department. Responsible for a group of 8 programmers/analysts.
• Have developed course materials and conducted lectures for classroom training to users.
• Monitored customer satisfaction and maintained a highly motivated team who were dedicated and met
customer expectations.
21700 E. Copley Dr., Suite 187 • Diamond Bar, CA 91765
Tel. 909.860.8271 • Fax 909.860.8364
www.mtsiinc.com
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Agenda #
Meeting Date:
�IVIOND ;th"1
CITY COUNCIL l `'' ,' AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Allocation of $75,680.00 from Unappropriated Proposition A Fund Balance to Increase
the Brea Canyon Road Project Budget by $75,680.00; Award the Brea Canyon Road
Streetscape and Street Improvements Project to Griffith Company in the Amount of
$2,158,246.00 and Authorize a Contingency Amount of $105,000.00 for Project Change
Orders to be Approved by the City Manager, for a Total Authorization Amount of
$2,263,246.00.
RECOMMENDATION:
That the City Council (a) approve the allocation of $75,680.00 from unappropriated Proposition A
Fund balance and (b) award the Brea Canyon Road Improvements from Pathfinder Road to Southerly
City Limits and Brea Canyon Cut-off Road Improvements from Brea Canyon Road to Westerly City
Limits Project to Griffith Company in the Amount of $2,158,246.00 and Authorize a Contingency
Amount of $105,000.00 for Project Change Orders to be Approved by the City Manager, for a Total
Authorization Amount of $2,263,246.00.
FINANCIAL IMPACT:
Fiscal Year 2001-2002 Budget
➢ $14,732.00 approved from Gas Tax Funds
➢ $114,207.00 approved from SB821 Funds
➢ $150,000.00 approved from Proposition A Funds
➢ $698,000.00 approved from Proposition C Funds
➢ $1,312,000.00 approved from Transportation Enhancement Activities (TEA) Funds
The total amount approved for this project by the 2001-2002 Budget is $2,288,939.00.
The approval of the allocation of $75,680.00 from the unappropriated Proposition A Fund balance will
increase the amount of Proposition A Funds approved for this project form $150,000.00 to
$225,680.00. This will increase the total budget for this project from $2,288,939.00 to $2,364,619.00.
The cost for the design of this project was paid from previous years budgets.
Page 2
Award Contract
As part of this project, Bid Schedule C was included with optional items for the staining and scoring of
the new bike path\sidewalk for aesthetics. It is being recommended that the optional staining and
scoring be incorporated in this project and the associated cost is $75,680.00. The base bid price for
this project was $2,082,566.00, not including the optional staining and scoring of the new bike
path\sidewalk.
With the award of Bid Schedule C as part of the contract the contract price will be $2,158,246.00. It is
also being recommended that a contingency of $105,000.00 be approved for the construction
contract. The fee for the necessary project administration, inspection and surveying is $89,001.00.
For the consultant a contingency of $8,900.00 is being recommended. The total cost for the
construction, administration, inspection and surveying, with contingencies, is $2,361,147.00.
BACKGROUND:
In October 1999, MTA approved $1,312,000.00 from TEA Funds for the Brea Canyon Road Project.
On June 5, 2001, the City Council approved the plans and specifications and authorized the City
Clerk to advertise the project.
DISCUSSION:
Bids for the Brea Canyon Road Improvements from Pathfinder Road to Southerly City Limits and
Brea Canyon Cut-off Road from Brea Canyon Road to Westerly City Limits were opened and publicly
read on September 6, 2001. A total of 8 bids were received. The bids were as follows:
Contractor
Griffith Company
Silvia Construction
R. J. Noble
Sully Miller Contracting
L. A. Engineering
Pima Corp. (DBA Advanced Construction)
PALP (DBA Excel Paving)
Gentry Brothers, Inc.
Bid Amount for Base Bid
Schedules A & B Combined
$2,082,566.00
$2,153,632.50
$2,165,480.00
$2,183,410.00
$2,198,241.50
$2,202,450.00
$2,259,410.00
$2,778,585.00
Bid Amount for
Schedules A, B & C
$2,158,246.00
$2,235,882.50
$2,244,980.00
$2,265,310.00
$2,276,841.50
$2,294,450.00
$2,305,110.00
$2,869,485.00
The lowest responsible bidder for the base bid is Griffith Company, of Santa Ana, California, with a
bid amount of $2,082,566.00.
Key aspects of contract requirements:
➢ Schedule to be submitted at least 10 calendar days before start of work.
➢ Notification to and coordination with residents, schools, utility owners and other public agencies.
➢ Completion of all work within 120 calendar days.
➢ Liquidated damages of $500/day for non-performance.
Page 3
Award Contract
Anticipated timeline for project milestones:
Award of Construction Contract
Notice to Proceed 1 Start of Construction
End Construction
PREPARED BY:
r c
Kirk Phillips
Associate Engineer
REVIEWED BY:
James DeStefaro
Deputy City Manager
Attachments: Agreement
September 18, 2001
October 15, 2001
February 12, 2002
Date Prepared: September 12, 2001
i�Liu
Director of Public Works
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AGREEMENT
The following agreement is made and entered into, in duplicate, as of the date
executed by the Mayor and attested to by the City Clerk, by and between Griffith Company
hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California,
hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were
received, publicly opened, and declared on the date specified in the notice; and
WHEREAS, City did accept the bid of CONTRACTOR Griffith Companv and;
WHEREAS, City has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the Construction of the
Brea Canvon Road Improvements from Pathfinder Road to the Southerly City Limits
and Brea Canvon Cut-off Road Improvements from Brea Canvon Road to the
Westeriv City Limits in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary
labor, tools, materials. appliances, and equipment for and do the work for the Construction
of the Brea Canvon Road Improvements from Pathfinder Road to the Southerly Citv
Limits and Brea Canyon Cut-off Road Improvements from Brea Canvon Road to the
Westerly Citv Limits in the City of Diamond Bar. The work to be performed in accordance
with the plans and specifications, dated August 2001 (The Plans and Specifications) on file
in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in
accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The Plans and Specifications are incorporated herein by reference and made a part hereof
with like force and effect as if set forth in full herein. The Plans and Specifications,
CONTRACTOR'S Proposal dated September 4, 2001, together with this written agreement,
shall constitute the contract between the parties. This contract is intended to require a
complete and finished piece of work and anything necessary to complete the work properly
and in accordance with the law and lawful governmental regulations shall be performed by
the CONTRACTOR whether set out specifically in the contract or not. Should it be
ascertained that any inconsistency exists between the aforesaid documents and this written
agreement, the provisions of this written agreement shall control.
3. TERMS OF CONTRACT
The CONTRACTOR agrees to complete the work within one hundered
twentv (120) calendar days from the date of the notice to proceed.
The CONTRACTOR agrees further to the assessment of liquidated damages
in the amount of five hundred ($500.00) dollars for each calendar day the work remains
incomplete beyond the expiration of the completion date. City may deduct the amount
thereof from any monies due or that may become due the CONTRACTOR under this
agreement. Progress payments made after the scheduled date of completion shall not
constitute a waiver -of liquidated damages.
4. INSURANCE: The CONTRACTOR shall not commence work under this
contract until he has obtained all insurance required hereunder in a company or companies
acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work
on his subcontract until all insurance required of the subcontractor has been obtained. The
CONTRACTOR shall take out and maintain at all times during the life of this contract the
following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken
out full workers' compensation insurance for all persons whom he may employ directly or
through subcontractors in carrying out the work specified herein, in accordance with the
laws of the State of California. Such insurance shall be maintained in full force and effect
during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California
Labor Code, every CONTRACTOR shall secure the payment of compensation to his
employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City
a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers' compensation or to
undertake self insurance in accordance with the provisions of that Code, and I will comply
with such provisions before commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub -contractor in
performing the work provided for herein, insurance with the following minimum limits and
coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person;
$1,000,000 each accident.
2) Public Liability - Property Damage (not auto) $250,000 each
person; $500,000 aggregate.
each
Protective - Bodily Injury $500,000 each
person; $1,000,000 aciden
4) CONTRACTOR'S Protective - Property Damage $250,000 each
accident; $500,000 aggregate.
each accident. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000
6) Automobile - Property Damage $250,000 each accident.
C. Each such policy of insurance provided for in paragraph b. shall:
2
1 77- 7IIIA ` TP
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1) Be issued by an insurance company approved in writing by City,
which -is admitted to do business in the State of -California.
2) Name as additional insured the City of Diamond Bar, its officers,
agents and employees, and any other parties specified in the bid documents to be so
included;
3) Specify it acts as primary insurance and that no insurance held
or owned by the designated additional insured shall be called upon to cover a loss under the
policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be
canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt
by City of a written notice of such cancellation or reduction of coverage as evidenced by
receipt of a registered letter."
5) Otherwise be in form satisfactory to the City.
d. The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
1) Waives all right of subrogation against all persons and entities
specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of
insurance provided for in paragraph b. by reason of any claim arising out of or connected
with the operations of CONTRACTOR or any subcontractor in performing the work provided
for herein;
2) Provides it shall not be canceled or altered without thirty (30)
days' written notice thereof given to City by registered mail.
e. The CONTRACTOR shall, within ten (10) days from the date of the
notice of award of the Contract, deliver to the City Manager or his designee the original
policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager
or his designee a certificate of the insurance company, showing the issuance of such
insurance, and the additional insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
CONTRACTOR is required to pay not less than the general prevailing rate of per diem
wages for work of a similar character in the locality in which the public works is performed,
and not less than the general prevailing rate of per diem wages for holiday and overtime
work. In that regard, the Director of the Department of Industrial Relations of the State of
California is required to and has determined such- general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the Office of the
City Clerk of the City of Diamond Bar, 21825 E. Copley Drive, Diamond Bar, California, and
are available to any interested party on request. City also shall cause a copy of such
determinations to be posted 'at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five
dollars{$25.00) for each laborer, workman or mechanic employed for each calendar day or
portion thereof, if such laborer, workman or mechanic is paid less than the general
prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by
him or by any subcontractor under him.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of
Section 1777.5 of the Labor Code, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the
performance of the work.
The CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or
journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on
the public works site are making such contributions.
The CONTRACTOR and subcontractor under him shall comply with the
requirements of Sections 1777.5 and'1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex -officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal
day's work for all workmen employed in the execution of this contract, and the
CONTRACTOR and any sub -contractor under him shall comply with and be governed by
the laws of the State of California having to do -with working hours set forth in Division 2,
Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars
($25.00) for each laborer, workman or mechanic employed in the execution of the contract,
by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore
mentioned, for each calendar day during which the laborer, workman or mechanic is
required or permitted to labor more than eight (8) hours in violation of the Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel
and subsistence pay to each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers,
agents and employees ("Idemnitees") shall not be answerable or accountable in any
manner for any loss or damage that may happen to the work or any part thereof, or for any
of the materials or other things used or employed in performing the work; or for injury or
damage to any person or persons, either workmen or employees of the CONTRACTOR, of
his subcontractor's or the public, or for damage to adjoining or other property from any
cause whatsoever arising out of or in connection with the performance of the work. The
_-
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CONTRACTOR shall be responsible for any damage or injury to any person or property
-resulting from defects -or obstructions or from any cause whatsoever.
The CONTRACTOR will indemnify Indemnitees against and will hold and save
Indemnitees harmless -from any and all actions, claims, damages to persons or property,
penalties, obligations or liabilities that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision, or other organization arising out of or in connection
with the work, operation, or activities of the CONTRACTOR, his agents, employees,
subcontractors or invitees provided for herein, whether or not there is concurrent passive or
active negligence on the part of City. In connection therewith:
a. The CONTRACTOR will defend any action or actions filed in connection
with any such claims, damages, penalties, obligations or liabilities and will pay all costs and
expenses, including attorneys' fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment rendered against the
CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and
liabilities arising out of or in connection with such work, operations or activities of the
CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the
Indemnitees harmless therefrom.
C. In the event Indemnitees are made a party to any action or proceeding
filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or
in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to
pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action
or proceeding together with reasonable attorneys' fees.
So much of the money due to the CONTRACTOR under and by virtue of the
contract as shall be considered necessary by City may be retained by City until disposition
has been made of such actions or claims for damages as aforesaid.
This indemnity provision shall survive the termination of the Agreement and is
in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of
any insurance coverages which may have been required under this Agreement or any
additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation and contribution against "the Indemnitees, while
acting within the scope of their duties, from all claims, losses and liabilities arising our of or
incident to activities or operations performed by or on behalf of the Indemnitor regardless of
any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no
discrimination shall be made in the employment of persons in the work contemplated by this
Agreement because of the race, color or religion of such person. A violation of this section
exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for
furnishing all -material and doing the prescribed work the unit -prices set -forth in the -Price
Schedule in accordance with CONTRACTOR'S Proposal dated September 4, 2001.
12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by
either party to enforce any term of provision of the this agreement, the prevailing party shall
recover its reasonable attorney's fees and costs incurred with respect thereto.
13. TERMINATION: This agreement may be terminated by the City, without
cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty
(30) days prior to the date of termination specified in the notice. In the event of such
termination, CONTRACTOR shall only be paid . for services rendered . and expenses
necessarily incurred prior to the effective date of termination.
THIS SPACE INTENTIONALLY LEFT BLANK
0
--- _77 - -r.
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-IN WITNESS WHEREOF, the parties hereto -have executed this Agreement with all
the formalities required by law on the respective dates set forth opposite their signatures.
State of California
"CONTRACTOR'S" License No. 88 A, B, C-8, C-12, HAZ, HIC.
Griffith Company
2020 S. Yale Street
Santa Ana, CA 92704
Date By:
TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
ROBERTS. HUFF, MAYOR
Date
ATTEST:
By:
Date
CITY CLERK
CONTRACTOR'S Business Phone (714) 549-2291
Emergency Phone at which CONTRACTOR can be reached at any time
APPROVED AS TO FORM:
CITY ATTORNEY
Date
.--�-_--
I
Agenda # -Co b
Meeting Date: �I-dam Ui
j M,mayy x�iT-�. i
CITY COUNCIL n'"'w' AGENDA REPORT
TO: Honorable Mayor and Members Gf4he City Council
VIA: Linda C. Lowry, City Manag *�
TITLE: Award of Inspection Services Contract for the Brea Canyon Road Streetscape and
Street Improvements Project to Dewan, Lundin & Associates in the Amount of
$89,001.00 and Authorize a Contingency Amount of $8,900.00 for Project Change
Orders to be Approved by the City Manager, for a Total Authorization Amount of
$97,901.00.
RECOMMENDATION:
That the City Council award the inspection services contract for the Brea Canyon Road
Improvements from Pathfinder Road to Southerly City Limits and Brea Canyon Cut-off Road
Improvements from Brea Canyon Road to Westerly City Limits Project to Dewan, Lundin &
Associates.
FINANCIAL IMPACT:
Fiscal Year 2001-2002 Budget
➢ $14,732.00 approved from Gas Tax Funds
➢ $114,207.00 approved from SB821 Funds
➢ $150,000.00 approved from Proposition A Funds
➢ $698,000.00 approved from Proposition C Funds
➢ $1,312,000.00 approved from Transportation Enhancement Activities (TEA) Funds
The total amount approved for this project by the 2001-2002 Budget is $2,288,939.00.
The approval of the allocation of $75,680.00 from the unappropriated Proposition A Fund balance, as
requested with the award of the project, will increase the amount of Proposition A Funds approved for
this project form $150,000.00 to $225,680.00. This will increase the total budget for this project from
$2,288,939.00 to $2,364,619.00.
The cost for the design of this project was paid from previous years budgets.
With the award of Bid Schedules A, B and C the contract price will be $2,158,246.00. It is also being
recommended that a contingency of $105,000.00 be approved for the construction contract. The fee
for the necessary project administration, inspection and surveying is $89,001.00. For the consultant a
contingency of $8,900.00 is being recommended. The total cost for the construction, administration,
Page 2
Inspection Services
inspection and surveying, with contingencies, is $2,361,147.00.
BACKGROUND:
A request for proposals (RFP) was prepared and sent to Charles Abbott Associates, Dewan, Lundin
& Associates and Hall & Forman, Inc. on August 27, 2001. This request was for construction
administration, inspection, surveying and staking services for the Brea Canyon Road Improvements
from Pathfinder Road to Southerly City Limits and Brea Canyon Cut-off Road from Brea Canyon
Road to Westerly City Limits. The proposals were due by 5:30 p.m. on September 6, 2001.
DISCUSSION:
Only one proposal was received from Dewan, Lundin & Associates for the construction
administration, inspection, surveying and staking services. Charles Abbott Associates submitted a
letter indicating that they would not be submitting a proposal for this Project. Hall & Forman, Inc.
submitted a letter indicating that their inspectors are currently working on other projects and they
were not able to submit a proposal.
The proposal submitted by Dewan, Lundin & Associates has been reviewed and it demonstrates their
qualifications and experience with regard to construction administration, inspection, surveying and
staking services. The not -to -exceed price for the construction administration, inspection, surveying
and staking services is $89,001.00. It is being recommended that the contract for the inspection
services for Brea Canyon Road from Pathfinder Road to Southerly City Limits and Brea Canyon Cut-
off Road from Brea Canyon Road to Westerly City Limits be awarded to Dewan, Lundin & Associates.
This includes the construction administration, inspection, surveying and staking services.
Anticipated timeline for project milestones:
Award of Construction Contract
Notice to Proceed 1 Start of Construction
End Construction
PREPARED BY:
Kirk Phillips
Associate Engineer
REE
Ja s DeStefam
Deputy City Manager
Attachments: Agreement
September 18, 2001
October 15, 2001
February 12, 2002
Date Prepared: September 12, 2001
Davi . L"
Director of Public Works
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CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of September 18, 2001 by and between the
City of Diamond Bar, a municipal corporation ("City") and Dewan, Lundin &
Associates, ("Consultant").
RECITALS
A. City desires to utilize the services of Consultant as an independent contractor
to provide consulting services to City as set forth in Exhibit "A", the City's Request for
Proposals dated August 27, 2001.
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 September 4, 2001, to the City's Request for Proposals.
B. Level of Services/Time of Performance. The level of and time of
the specific services to be performed by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Contract shall take effect September 18, 2001,
and shall continue until September 18, 2002, 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 invoices in
the form specified by City. Total payment to Consultant pursuant to this Agreement
shall not exceed Eighty-nine Thousand One Dollars ($89,001.00).
4. General Terms and Conditions. .In the event of any inconsistency
between the provisions of this Agreement and Consultant's proposal, the provisions of
this Agreement shall control.
5. Addresses.
City: City Manager
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765-4177
Consultant: Surender Dewan
Dewan Lundin & Assoc.
12377 Lewis St., Ste. 101
Garden Grove, CA 92840
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly
independent contractor. Consultant shall have no power to incur any debt, obligation, or
liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor
any of its agents shall have control over the conduct of Consultant or any of
Consultant's employees, except as set forth in this Agreement. Consultant shall not, at
any time, or in any manner, represent that it or any of its agents or employees are in
any manner agents or employees of City.
B. Consultant agrees to pay all required taxes on amounts paid to
Consultant under this Agreement, and to indemnify and hold City harmless from any
and all taxes, assessments, penalties, and interest asserted against City by reason of
the independent contractor relationship created by this Agreement. In the event that
City is audited by any Federal or State agency regarding the independent contractor
status of Consultant and the audit in any way fails to sustain the validity of a wholly
independent contractor relationship between City and Consultant, then Consultant
agrees to reimburse City for all costs, including accounting and attorney's fees, arising
out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law
regarding Consultant and Consultant's employees. Consultant further agrees to
indemnify and hold City harmless from any failure of Consultant to comply with
applicable worker's compensation laws. City shall have the right to offset against the
amount of any fees due to Consultant under this Agreement any amount due to City
from Consultant as a result of Consultant's failure to promptly pay to City any
reimbursement or indemnification arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the
standard of care and skill ordinarily exercised by members of the profession under
similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers,
agents, volunteers, employees, and attorneys against, and will hold and save them and
each of them harmless from, and all actions, claims, damages to persons or property,
penalties, obligations, or liabilities that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision or other organization arising out of the acts,
errors or omissions of Consultant, its agents, employees, subcontractors, or invitees,
including each person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a
Consultant, then all obligations, liabilities, covenants and conditions under this Section 8
shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement
carry, maintain, and keep in full force and effect, with an insurance company admitted to
do business in California and approved by the City (1) a policy or policies of broad -form
comprehensive general liability insurance with minimum limits of $1,000,000.00
combined single limit coverage against any injury, death, loss or damage as a result of
wrongful or negligent acts by Consultant, its officers, employees, agents, and
independent contractors in performance of services under this Agreement; (2) property
damage insurance with a minimum limit of $500,000.00; (3) automotive liability
insurance, with minimum combined single limits coverage of $500,000.00; (4)
professional liability insurance (errors and . omissions) to cover or partially cover
damages that may be the result of errors, omissions, or negligent acts of Consultant, in
an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation
insurance with a minimum limit of $500,000.00 or the amount required by law,
whichever is greater. City, its officers, employees, attorneys, and volunteers shall be
named as additional insureds on the policy(ies) as to comprehensive general liability,
property damage, and automotive liability. The policy (les) 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. All policies of insurance shall cover the obligations of Consultant pursuant
to the terms of this Agreement; shall be issued by an insurance company which is
admitted to do business in the State of California or which is approved in writing by'the
City; and shall be placed with a current A.M. Best's rating of no less that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating
compliance with the minimum worker's compensation insurance requirements above,
and (2) insurance policy endorsements indicating compliance with all other minimum
insurance requirements above, not less that one (1) day prior to beginning of
performance under this Agreement. Endorsements shall be executed on City's
appropriate standard forms entitled "Additional Insured Endorsement", or a substantially
similar form which the City has agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access
to confidential data of City, private individuals, or employees of the City. Consultant
covenants that all data, documents, discussion, or other information developed or
received by Consultant or provided for performance of this Agreement are deemed
confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data
shall be returned to City upon the termination of this Agreement. Consultant's covenant
under this section shall survive the termination of this Agreement. Notwithstanding the
foregoing, to the extent Consultant prepares reports of a proprietary nature specifically
for and in connection with certain projects, the City 'shall not, except with Consultant's
prior written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the
performance of this Agreement shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City.
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12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not
acquire any interest, director or indirect, which may be affected by the services to be
performed by Consultant under this Agreement, or which would conflict in any manner
with the performance of its services hereunder. Consultant further covenants that, in
performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which
would conflict in any manner with the performance of its services pursuant to this
Agreement.
B. Consultant covenants not to give or receive any compensation,
monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City
as a result of the performance of this Agreement. Consultant's covenant under this
section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without
cause upon fifteen (15) days' written notice to the other party. However, Consultant
shall not terminate this Agreement during the provision of services on a particular
project. The effective date of termination shall be upon the date specified in the notice
of termination, or, in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay
Consultant for services satisfactorily rendered ,prior to the effective date of termination.
Immediately upon receiving written notice of termination, Consultant shall discontinue
performing services.
14. Personnel. Consultant represents that it has, or will secure at its own
expense, all personnel required to perform the services under this Agreement. All of the
services required under this Agreement will be performed by Consultant or under it
supervision, and all personnel engaged in the work shall be qualified to perform such
services. Consultant reserves the right to determine the assignment of its own
employees to the performance of Consultant's services under this Agreement, but City
reserves the right, for good cause, to require' Consultant to exclude any employee from
performing services on City's premises.
15. 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
--
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to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical
or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
16. Assignment. Consultant shall not assign or transfer any interest in this
Agreement nor the performance of any of Consultant's obligations hereunder, without
the prior written consent of City, and any attempt by Consultant to so assign this
Agreement or any rights, duties, or obligations arising hereunder shall be void and of no
effect.
17. Performance Evaluation. For any contract in effect for twelve months or
longer, a written annual administrative performance evaluation shall be required within
ninety (90) days of the first anniversary of the effective date of this Agreement, and
each year thereafter throughout the term of this Agreement. The work product required
by this Agreement shall be utilized as the basis for review, and any comments or
complaints received by City during the review period, either orally or in writing, shall be
considered. City shall meet with Consultant prior to preparing the written report. If 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.
18. Compliance with laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall
the making by City of any payment to Consultant constitute or be construed as a waiver
by City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal or equitable action or proceeding to enforce or interpret the
provisions of this Agreement, the prevailing party in such action or proceeding shall be
entitled to recover its costs of suit, including reasonable attorney's fees and costs,
including costs of expert witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this
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.
22. Governing Law. This Contract shall be interpreted, construed and
enforced in accordance with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be the original, and all of which together
shall constitute one and the same instrument.
24. Entire Agreement. This Agreement, and any other documents
incorporated herein by specific reference, represent the entire and integrated
agreement between Consultant and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement. Amendments on behalf of the City will
only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated
herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of
the date first written above.
"City"
ATTEST:
CITY OF DIAMOND BAR
By: By:
Lynda Burgess, City Clerk Robert S. Huff, Mayor
Approved as to form:
By:
City Attorney
"CONSULTANT"
By:
Its:
Exhibit "A"
!r►01
Robert S. Huff
Mayor
Carol Herrera
Mayor Pro Tem
Eileen R. Ansad
Council Member
Wen Chang
Council Member
Deborah H. O'Connor
Council Member
Recycled paper
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City of Diamond Bar
21825 E. Copley Drive - Diamond Bar, CA 91765-4178
(909) 860-2489 - Fax (909) 861-3117
www.CityofDiamondBar.com
August 27, 2001
SUBJECT: Request for Proposals for Construction Administration, Inspection,
Surveying and Staking Services for the Brea Canyon Road
Improvements from Pathfinder Road to Southerly City Limits and
Brea Canyon Cut -Off Improvements from Brea Canyon Road to
Westerly City Limits Project
To Civil Engineering Firms:
I. INTRODUCTION
The City of Diamond Bar Public Works Division is seeking to retain the services of a
qualified consulting firm to conduct Construction Administration, Inspection, Surveying
and Staking Services for the Brea Canyon Road Improvements from Pathfinder Road to
Southerly City Limits and Brea Canyon Cut -Off Improvements from Brea Canyon Road
to Westerly City Limits Project.
The project includes the construction of overlay, pavement reconstruction, construction of
bike trail, construction of curb and gutter and sidewalk, landscaping & irrigation, and other
incidental and appurtenant work. The construction contract period is one hundred twenty
(120) calendar days and the tentative schedule is as follows:
• Bid Opening September 6, 2001
• Award of Construction Contract September 18, 2001
• Notice to Proceed for Contractor October 1, 2001
• Completion of Construction January 28, 2002
II. SCOPE OF WORK
1. Coordinate and attend pre -construction meeting.
2. Coordinate with Caltrans and MTA.
3. Coordinate with utility companies.
4. Provide inspection to ensure contractor is in full compliance with the federal
requirements, certified payroll, project plans and specifications.
5. Provide plant inspection, if necessary.
6. Prepare daily inspection reports with progress photos and submit to the City on a
weekly basis.
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Page 2
RFP — Construction Administration, Inspection, Surveying and Staking Services
August 27, 2001
7. Provide videography (visual documentation) of street condition before, during and
after construction.
8. Provide construction surveying and staking services as necessary to assist the
contractor in construction of the proposed improvements per the plans and
specifications.
9. Respond and address contractor's request for information/questions regarding design
issues.
10. Review/monitor contractor's progress and schedule.
11. Conduct final job walk and prepare punch list.
12. Recommend final acceptance of project.
13. Maintain project construction records and prepare record drawings to be given to the
City at end of project.
III. PROPOSAL CONTENTS
The consultant's proposal must contain the following information and should be
organized as follows:
1. Cover letter summarizing the proposal.
2. Statement of qualifications including a list of construction administration,
inspection, surveying and staking projects (federally funded) that have been
successfully implemented within the last three (3) years.
3. Brief discussion of understanding of the City's needs.
4. Detailed work plan which itemizes and describes each task to be completed.
5. Resume of designated inspector(s).
6. Project staffing and organization.
7. At least three (3) references shall be provided along with contact names, addresses
and telephone numbers.
8. Not -to -Exceed (NTE) figure and hourly billing rates for typical staff classifications
and cost breakdown per task. All assumptions upon which the costs are based shall
be stated. This information shall be submitted in a separate sealed envelope.
Page 3
RFP — Construction Administration, Inspection, Surveying and Staking Services
August 27, 2001
9. Additional information regarding the firm, sample reports, outputs or pertinent
insight about the Construction Administration, Inspection, Surveying and Staking
Services may be included.
IV. SELECTION OF QUALIFIED CONSULTANT
The City shall select the consultant for this project based on a combination of factors
such as qualifications, past experience with similar projects, approach to this particular
service and references. There may be interviews of some or all consultants who submit
proposals. The selected firm will enter into the City of Diamond Bar Consulting Services
Agreement attached hereto as Exhibit "A."
The City has the right to reject all proposals at any point in the selection process with no
financial obligation to the consultants.
V. PROPOSAL
Consultants interested in responding to this Request for Proposal should submit a
proposal based on the Proposal Contents Section by 5:30 p.m. on September 6, 2001.The
proposal should be double spaced on 8 112 x 11 paper and should be organized as
described in the Proposal Contents Section.
Three (3) sets of proposals shall be presented, each set including three (3) separate sealed
envelopes bearing the name, address and telephone number of individual or entity
submitting the proposal and shall be addressed to:
Mr. David G. Liu, P.E.
Director of Public Works
Department of Community and Development Services
City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, California 91765-4177
One envelope shall contain the proposal and be clearly marked with the notation:
"PROPOSAL."
The other envelope shall contain the fee to provide the services described in the proposal,
including a not -to -exceed amount and shall be clearly marked with the notation: "DO NOT
OPEN- FEE PROPOSAL."
Page -41
RFP - Construction Administration, Inspection, Surveying and Staking Services
August 27, 2001
For any questions regarding this Request for Proposal, please contact Mr. Kirk Phillips,
Associate Engineer, or myself at (909) 396-5671.
Sincerel
David G. Liu, P.E.
Director of Public Works
Attachments
cc: James DeStefano, Deputy City Manager
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Exhibit "B"
DLItk
Dewan, Lundin & Associates
Civil Engineering 12377 Le St.
Surveying Suite 103
Project Garden Grove
CA 92840
Management (714) 740-8840
Fax 740-8842
September 4, 2001
Mr. David Liu, P.E.
Director of Public Works
Department of Community and Development Services
City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, CA 91765
SUBJECT: Proposal for Construction Administration Inspection,
Staking
Services for the Brea Canyon Road Improvements from Pathfinderd
Road to
Southerly City Limits and Brea Canyon Cut -Off Improvements from Brea
Canyon Road to Westerly City Limits Project.
Dear David:
Dewan, Lundin & Associates (DLA), is pleased to present this proposal to provide construction
administration, inspection, surveying and staking services for the subject project.
DLA is a minority business enterprise (MBE) which provides engineering consulting and related
services to various government agencies, institutions and developers. As a small business, DLA
is committed to personal service, high quality products, close communications, and enduring client
relationships. As an MBE, DLA offers compliance with contractual requirements pertaining to
affirmative action.
Our firm is very familiar with both design and construction administration/inspection of federally
funded projects. In the past we have provided similar services for ISTEA and CDBG funded
projects for various municipalities including the cities of South Gate, Baldwin Park, Fountain Valley
and Newport Beach.
Mr. Surender Dewan, P.E., Principal of the firm will serve as Principal -in -Charge, and will be
responsible for all aspects of the services. Mr. Walter Lundin, P.E., L.S. will serve as the Contract
Administrator/Inspector and will be periodically assisted by Mr. David Hart. Mr. Patrick Hirsch of
Hirsch & Associates, Inc. will provide landscape and irrigation inspection services, and Mr. Charles
Tuggle, L.S. will supervise all aspects of surveying and staking services.
Our understanding of the work to be performed is to provide the -City of Diamond Bar with proven
experience and expertise as they relate to construction administration, inspection, surveying and
staking services for the subject project.
-. _ .
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David G. Liu, P.E.
September 4, 2001
Page 2
We are confident that our staff's prior experience of providing inspection services to the City and
our sincere interest in working with the City of Diamond Barwill result in a favorable consideration.
We look forward to the opportunity of working with you and your staff.
If you have any questions or concerns regarding this submittal, please contact the undersigned.
Sincerely,
Dew n, Lundin & Associates
Surender Dewan, P.E.
Principal
P-0331.PRO
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CONSTRUCTION MANAGEMENT
DLA provides coordination and control during the construction phase of public works projects such
as street rehabilitation/improvements, street lighting, storm drain, sewer, and water main system
improvements. DLA believes an important aspect of contract administration and inspection is the
internal quality control/assurance provided to our clients. Each inspector is supervised directly by
a registered professional engineer, which ensures our clients of direct hands-on review and
assistance in the delivery of a quality product. Supervising engineers are quite familiar with the
inspection and testing needs of each specific project and are available to provide each inspector
with the necessary support at any time.
DLA provides resident engineers, contract administrators and inspectors during the construction of
various public works type projects. Construction inspection typically includes:
Verifying and monitoring quality and cost control.
° Verifying and monitoring methods of construction against plans and specifications.
° Preparation of daily diaries.
Contract administration services typically include:
° Reviewing bids for completion and arithmetic accuracy.
o Checking references of low bidder.
' Scheduling and presiding over pre -construction meetings, including notification of
utilities and other agencies.
° Supervising construction inspectors.
° Preparing weekly reports from daily inspection reports.
° Making periodic on-site visits to keep apprised of construction progress and
conditions.
o Preparing weekly notices of working days used by contractor including accounting
of holidays, rain days, etc.
Monitoring contractor's work progress.
° Preparing tabulation of completed construction quantities for purposes of preparing
and submitting contractor's invoice for approval by the client's Project Manager.
11
Brea Canyon Road & Brea Canyon Cut -Off Improvements - Inspecdon/Survey Services Dewan, Lundin & Associates Page 7
CONSTRUCTION ADMINISTRATION
AND INSPECTION EXPERIENCE
Listed below are construction administration and inspection projects for various public agencies that
are in progress or have been completed over the past three years.
Client: City of San Dimas
Project: Arrow Highway Street Resurfacing And Restoration Project
Description: Arrow Highway from the easter) Cit limits
Y Y near San Dimas Canyon Road to the
westerly limits at the intersection of Valley Center Avenue, this project consisted of
street rehabilitation including street reconstruction, ARHM overlay, reconstruction of
damaged sidewalk, curb and gutter, driveways, and wheelchair ramps, replacement
of traffic loops and restoration of signage and striping
Contact: Mr. John Garcia, Director of Public Works - 909.394.6200
Client: City of Diamond Bar
Project: Street Rehabilitation/Reconstruction and Median Improvements Project for
Golden Springs Drive, Between Brea Canyon Road and Westerly City Limits
and Lemon Avenue, Between Golden Springs Drive and Northerly City Limits
Description: The project consisted of reconstruction of approximately one and one-half miles
of existing pavement, installing landscaping and irrigation on medians in Golden
Springs Drive and Lemon Avenue, and other incidental and appurtenant work
necessary for the proper construction of the contemplated improvements.
Contact: Mr. David Liu, Director of Public Works - 909.396.5672
Client: City of Diamond Bar
Project: AmbushersStreetDrainagelmprovementProjectandMeadowglenRoadPublic
Street Improvement Project
Description: Ambushers Street drainage improvement project included the construction of catch
basins and an underground storm drain system. Meadowglen Road improvements
between lronhorse Canyon Road and Silver Rain Drive consisted of construction of
Brea Canyon Road & Brea Canyon Cut-off improvements - Inspection/Survey Services Dewan, Lundin )& Associates Page 2
11
0
0
a street underdrain system and reconstruction/rehabilitation of existing roadway,
signage and striping plans, etc.
Contact: Mr. David Liu, Director of Public Works - 909.396.5672
Client: City of Diamond Bar
Project: Brea Canyon Road Between Golden Springs Drive and Pathfinder Road Street
Rehabilitation Project
Description: The project consisted of overlay, slurry seal, and construction of underground storm
drain systems and catch basins of approximately 1,300 feet of existing pavement
and other incidental and appurtenant work.
Contact: Mr. David Liu, Director of Public Works - 909.396.5672
Client: City of Baldwin Park
Project: Baldwin Park Boulevard
Description: The project included contract administration and inspection services for Baldwin Park
Boulevard improvements from Francisquito Avenue to Merced Avenue. The project
included reconstruction/rehabilitation of existing roadway with ARHM overlay,
signage and striping. Total length 1.75 miles. This was an ISTEA funded project.
Contact: Mr. Arjan Idnani, Engineering Supervisor- 626. 960.4011
Client: City of South Gate
Project: South Gate Towne Center Traffic Signal and Median Island Improvements
Description: The project includes contract administration and inspection services for ,the
reconstruction/rehabilitation of existing roadway; reconstruction of curb and gutter,
sidewalks, driveways and wheelchair ramps; signage and striping; traffic signal
improvements as well as landscape and irrigation improvements.
Contact: Mr. Abdulla Ahmed, Associate Engineer - 323.563.9537
I
Brea Canyon Road .& Brea Canyon Cut -Off improvements - inspection/Survey Services Dewan, Lundin & Associates . Page 3
DESIGN SURVEYAND
CONSTRUCTION STAKING EXPERIENCE
Listed below are design survey and/or construction staking projects for various public agencies that
are in progress or have been completed over the past three years.
Client: City of Anaheim
Project: Katella Avenue Improvements
Client: City of South Gate
Project: Towne Center Improvements
Client: City of South Gate
Project: Firestone Boulevard Improvements
Client: City of Cerritos
Project: 1951 Street Improvements
Client: City of Cerritos
Project: 183rd Street Improvements
Client: City of Cerritos
Project: Carmenita Boulevard, Alondra Blvd. to Artesia Blvd. Improvements
Client: City of Cerritos
Project: Carmenita Boulevard, Artesia Blvd. to South Street Improvements
Client: City of San Dimas
Project: Gladstone Street Landscaped Median and Street Restoration
Client: City of Arcadia
Project: Longden Avenue and Loganrita Improvements
Client: City of Baldwin Park
Project: 1999-2000 Gas Tax - CIP850A Project
Client: City of Baldwin Park
Project: 1998-9999 ISTEA - CIP801Project
Client: Sares-Regis Group
Project: West County Commerce Center- Huntington Beach, California
Client: Quong Enterprises
Project: Laband Village - Chino Hills, California
Brea Canyon Road 8 Brea Canyon Cut-Offimprovements - tnspectionlSurvey Services Dewan, Lundin & Associates • Page 4
f -
SCOPE OF WORK
The City of Diamond Bar has approved plans and specifications for construction of Brea Canyon
Road Improvements from Pathfinder Road to Southerly City Limits and Brea Canyon Cut -Off
Improvements from Brea Canyon Road to Westerly City Limits.
A portion of the funding for the Brea Canyon Road improvements is being provided by Los Angeles
County Metropolitan Transportation Authority (MTA).
Construction contract documents allow the contractor to complete the work k within 120 calendar
days. The Request for Proposal (RFP) indicates a tentative start date of October 1, 2001 and a
tentative completion date of January 28, 2002, which allows a total of 82 working days excluding
Saturdays, Sundays and Holidays.
The scope of work, as set forth in the Request for Proposal, consists of the following:
■ Coordinate and conduct pre -construction meeting.
■ Coordinate with Caltrans and MTA.
■ Coordinate with utility companies.
■ Provide construction inspection to ensure that the contractor is in full compliance
with the federal requirements, certified payroll, plans and specifications.
■ Provide plant inspection, if necessary. Plant certification does not require presence
at the plant full time. Certification by the plant will be acceptable unless in the
opinion of the observer additional inspection is required. -
■ Prepare daily inspection reports and progress photos with weekly summary reports.
Submit to the City on a weekly basis.
■ Provide videography (visual documentation) of street condition before, during, and
after the construction.
■ Provide construction surveying and staking services as necessary to assist the
contractor in construction of the proposed improvements per the plans and
specifications.
■ Respond and address contractor's request for information/questions regarding
design issues.
Brea Canyon Road & Brea Canyon Cut -Off Improvements - InspectionlSurvey Services Dewan, Lundin & Associates • Page 5
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■ Review/monitor contractor's progress and schedule.
■ Conduct final job walk and prepare a punch list.
■ Recommend for final acceptance of project.
■ Maintain project construction records and prepare record drawings used to prepare
as -built plans at completion of the project.
The proposed work to be performed or executed under these plans and specifications consists of
and includes the following:
Construction t n Administration and Inspection Services
A. Brea Canyon Cut -Off Road from Brea Canyon Road to Westerly City Limits:
■ Reconstruction of existing roadway within the City limits, reconstruction of existing
sidewalk at locations shown on plans and placement of river rock in the center
median divider.
V ` B. 'Brea Canyon Road from Pathfinder Road to Southerly City Limits:
■ Construction of asphalt concrete overlay, pavement widening, construction of curb
and gutter, construction of a combination concrete bike trail/sidewalk and
construction of a masonry block wall along the easterly side of the roadway. It is
proposed to install landscape and irrigation improvements both along the easterly
j and westerly side of the roadway.
In addition the project also includes construction of underground storm drain system and
appurtenances.
The Construction Administrators duties also include oversight and implementation of all MTA
requirements as they relate to federally funded projects. These requirements include, but are not
limited to: -
■ Engineer's daily reports
■ Project files
■ Construction records and accounting
■ Safety provisions
1_t__ Brea Canyon Road & Brea Canyon Cut Offimprovements - InspecGon/Survey Services Dewan, Lundin & Associates • Page 6
�i�ruwl.�lwusRdh-
■ Labor compliance, employee interviews
■ Contract change orders
■ Contractor's claims
Surveying and Staking Services
A. Brea Canyon Cut -Off Road from Brea Canyon Road to Westerly City Limits:
■ Refresh primary horizontal and vertical control. Set and maintain additional control
points as needed. Provide blue top stakes to finish control of base course and
provide one set of finished surface stakes. Stakes will be set at 50 feet on center.
B. Brea Canyon Road from Pathfinder Road to Southerly City Limits:
■ Refresh primary and horizontal control and run bench circuit. Set finished surface
stakes for street widening area. Provide one set of stakes at 10m interval for
construction of curb and gutter, one set of stakes at 20m interval for construction of
bike trail/sidewalk, and one set of stakes for construction of storm drain system and
block wall.
Brea Canyon Road & Brea Canyon Cut -Off Improvements - InspecGon/Survey Services Dewan, Lundin & Associates • Page 7
PROJECT APPROACH
Dewan, Lundin & Associates is extremely aware of the impact the project may have on the
community. We will closely review the Contractor's proposed method of construction, schedule, and
traffic control plans to ensure that the impact to residents and commuters is minimized.
10 We propose a strong community relations program be established consisting of letter notification
to residences along the limits of the work, a meeting with residents prior to the start of work.
IN
■ Pre -Construction Meeting
DLA's Contract Administrator in consultation with the City staff and the contractor will send
out notifications to various agencies and utility companies to schedule the pre -construction
meeting. It will be the responsibility of our administrator to prepare minutes of the meeting.
■ Utility Coordination
Throughout the duration of the contract, DLA's Inspector will coordinate as necessary with
utility companies so as to ensure smooth completion of the project.
■ Construction Inspection
DLA's Inspectorwill perform inspector/administrator's duties as set forth in the scope of work
for the project. Guidance for the manner in which those duties are carried out are best
described in:
El Project Plans and Specifications
El Standard Specifications for Public Works Construction, 2000 Edition
D Public Works Inspectors Manual (Published by Building News Inc.)
■ Daily/Weekly Reports:
Our Field Inspector will prepare daily reports addressing progress of the project, weather
conditions, number of workers on site, subcontractors present on site, directions given to
Contractor, and potential problems which may cause delay or extra work. Copies of daily.
reports will be presented to the City on a weekly basis and a project log containing all
reports will be provided at completion of the project.
' Brea Canyon Road & Brea Canyon Cut-Offlmprovements - lnspecdon/Survey Services Dewan, Lundin & Associates • Page 8
Um
The following information is a brief summary of the items contained in the weekly project
report. Additional items may be included if requested by City.
o Responsible parties and phone numbers
d Work in progress
El Status of project
El Items of discussion and correction
a Status of change orders
13 Status of project cost
El Status of claim
■ Provide Videography
Our staff will prepare VHS tapes to document phases of construction. This tape will be
delivered to the City at the completion of the project. Photographs will also betaken during
construction. The City will be provided with weekly reports highlighting and summarizing the
work performed during the week.
■
"Monitor Contractor's Progress
DLA's inspector will answer contractor's questions regarding design issues and review or
monitor contractor's progress and schedule. Impact to local residences will be minimized
through careful coordination with the contractor. Strict adherence to the approved schedule
will be required of the contractor. If necessary, the contractor will be immediately notified
when his progress falls behind schedule. DLA's Inspector, with concurrence of City staff,
will immediately resolve the design issues between the contractor and designer in order to
minimize any potential delays.
■ Evaluate Progress Payments
Evaluate progress payments and change order requests. DLA's Administrator upon receipt
of Contractor's progress payments will review them for accuracy. Any revisions resulting in
change orders will be brought to the City's attention prior to authorization.
■ Track Claims Against the Contractor
Some claims against the contractor are inevitable and will be received either through the
hotline or by the City staff. These claims will be reviewed by DLA. Specific information on
IBrea Canyon Road & Brea Canyon Cut-Offlmprovements - InspectrbNSurvey Services Dewan, Lundin & Associates • Page 9
El
the damage, date and time of event, location where damage occurred will be requested from
the claimant. This information will be provided to the contractor for resolution. Each claim
will be tracked to identify when the initial claim was made, when information was submitted
3
to the contractor, and when the claim was settled.
■ Conduct Final Job Walk and "Punch List"
At the completion of the project, DLA's Field Inspector will prepare a "Punch List" identifying
items to be addressed by the contractor prior to final acceptance of the job. DLA's Inspector
will ensure that items addressed in the "Punch List" are attended to by the contractor.
■ Final Acceptance
Recommend for final acceptance of project.
■ Record Drawings/"As-Built" Plans
At the completion of construction, DLA's inspectorwill prepare record drawings/as-built plans
10
and deliver to the City for revisions to the original mylars.
■ Maintain 24 -Hour Project Informational Hotline
DLA will maintain a telephone hotline provided by the City of Diamond Bar. This hotline will
provide a daily message identifying any anticipated road closures and work scheduled.
Callers will be able to leave messages to request additional' information and to submit
complaints. DLA will review messages daily at 9:00 am and 4:00 pm. on weekdays. All
calls will be responded to within 24 hours, if not immediately.
■ Compliance With Federal Requirements
Coordinate with Caltrans and MTA.
Conduct field interviews of each contractor, subcontractor and trade,
Review certified payrolls and fringe benefit statement to verify compliance with
current wage determination
Prepare wage rate determination for each trade of each Contractor.
- Maintain posting sheet to insure all required certified payrolls have been
submitted, as well as insuring all required interviews have been performed.
Brea Canyon Road & Brea Canyon Cut -Off Improvements - InspectionlSurvey Services Dewan, Lundin & Associates - Page 10
E
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13 Ensure all Equal Employment Opportunity, Labor, and Wage Decision posters have
been posted.
0 Review contractor's affirmative action plan.
13 Ensure contractor submits all required documents, including monthly employment
reports; write letter to Contractor if documents are not submitted in a timely manner.
■ Landscape and Irrigation Improvements
o Review plant material at nursery, tag trees, review contractor's submittals for soil and
other materials as necessary. Landscape Inspector shall make periodic visit to the
job site to ensure compliance with design plans.
Brea Canyon Road & Brea Canyon Cut-off improvements - tnspecdon/Survey Services Dewan, Lundin & Associates • Page 11
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PROJECT TEAM
The most important element in the provision of professional services is the assignment of key
personnel. Quality personnel and an effective management system combine to produce quality
services. Accordingly, the following personnel will be assigned to this project:
Mr. Surender Dewan, P.E.
Mr. Walter Lundin, P.E., L.S.
Mr. David Hart
Mr. Patrick Hirsch
Mr. Charles Tuggle, L.S.
Principal -in -Charge
Construction Administratorlinspector
Field Inspector
Field Landscape Inspector
Survey Party Chief
Mr. Surender Dewan has over 29 years of experience in the public sector. His work experience
covers the expanse of public sector services from the city and local levels to the county and state
levels. His broad experience and expertise bring an understanding of unique problems and the
ability to find solutions. Mr. Dewan will be readily available to meet with the City staff. He will have
direct involvement in the project activities to monitor the timeliness and quality of service being
provided.
Mr. Walter Lundin has over 21 years experience in construction management of roadway projects.
Over the past six years as Principal -in -Charge of Construction Administration, Mr. Lundin has
supervised various projects for the cities of South Gate, San Dimas, Diamond Bar, and Baldwin
Park.
Mr. David Hart has vast experience in construction observation of projects such as street
rehabilitation and recreational facilities. Mr. Hart has been responsible for scheduling of
construction, assisting contractors in the interpretation of plans and specifications, conducting
inspection, coordinating final inspections and preparing as -constructed plans.
Mr. Patrick Hirsch of Hirsch & Associates, Inc. has for the past 20 years assisted many cities in the
development of recreational facilities and landscape enhancement projects. Hirsch & Associates,
Inc. will provide assistance in reviewing submittals and inspection of the landscape work.
Brea Canyon Road & Brea Canyon Cut -Off Improvements - InspecdonlSurvey Services Dewan, Lundin & Associates . Page 12
Organization Chart
for
Brea Canyon Road Improvements
from Pathfinder Road to Southerly City Limits
and
Brea Canyon Cut -Off Improvements
from Brea Canyon Road to Westerly City Limits
City of Diamond Bar
Mr. SurenderDewan, P. E.
Pmcipal in-Charge/PMect Manager
Mr. Charles Tuggle, L.S.
Survey Party Chief
Mr. Wal%r Lundin, P. E., I- S.
Construction Administrator/Inspedor
2 -Man Survey Crew Aft. David Hart
Field inspector
Mr. Pabick W&O, ASLA
Landscape Inspector
Brea Canyon Road & Brea Canyon Cut -Off Improvements - Inspection/Survey Services Dewan, Lundin & Associates - Page 13
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Dewan, Lundin & Associates
Civil Engineering
12377 Lewis St.
Surveying
Site 101
Project
Garden Grove
CA 92840
Management
(714) 740-8840
Fax 740-8842
September 5, 2001
Mr. David Liu, P.E.
Director of Public Works
Department of Community and Development Services
City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, CA 91765
SUBJECT: Proposal for Construction Administration, Inspection, Surveying and Staking
Services for the Brea Canyon Road Improvements from Pathfinder Road to
Southerly City Limits and Brea Canyon Cut -Off Improvements from Brea
Canyon Road to Westerly City Limits Project.
Dear David:
As requested in the Request for Proposal, enclosed herewith is our Fee Proposal for the subject
project.
We look forward to working with you on this project. If you have any questions please call the
undersigned.
Sincerely,
Dewan, Lundin & Associates
JZ14,
Surender Dewan, P.E.
Principal
Enclosures
P-0331.PRO
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Dftk
Dewan, Lundin & Associates
Civil Engineering 12377 Lewis St.
Suite 101
Surveying
Garden Grove
Project CA 92840
Management (714) 740-8840
Fax 740-8842
FEE PROPOSAL
Construction Administration, Inspection, Surveying and Staking Services
Brea Canyon Road Improvements from Pathfinder Road to Southerly City Limits
and
Brea Canyon Cut -Off Improvements from Brea Canyon Road to Westerly City Limits
September 4, 2001
SCOPE OF WORK
FEE
Construction Administration and Inspection Services:
1. It is estimated that our observer will spend on an average
eight (8) hours a day at the job site. Therefore assume:
8 (hours) x 82 (working days) x $50.00 (hourly rate) .............. $32,800.00
2. It is estimated that on an average one (1) hour a day will
be spent on administration work. Therefore assume:
1 (hour) x 82 (working days) x $58.00 (hourly rate) ............... 1 $4,756.00
3. Compliance with Federal Requirements: ... ........ ................. $3,800.00
4. It is estimated that on an average one (1) hour a day will
be spent on monitoring the "hotline. Therefore assume:
1 (hour) x 82 (working days) x $50.00 (hourly rate) ................ $4,250.00
5. Reimbursable expense allowance: film, processing, photostats, etc. ......... $500.00
6. Prepare "As -Built" Plans: ................................ ......... $1,000.00
7. It is estimated that the Landscape Inspector will spend an estimate of
60 hours reviewing plant material at nursery tagging trees and ensuring
conformance to plans and specifications. (Includes DLA mark-up) .......... $5,175.00
TOTAL NOT -TO -EXCEED FEE: ........................................ $52,281.00
NOTES:
1, Based on 82 working days with a tentative start date of October 1, 2001. In the event the
duration of the contract was to exceed 82 working days (120 calendar days), additional
services will be provided at $50.00 an hour.
2. The fee does not provide for plant inspection. If required, a plant inspector will be provided
on an "as needed" basis at an hourly rate of $60.00 an hour.
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Dewan, Lundin & Associates
Civil Engineering 12377 Lewis St.
Suite 901
Surveying
Garden Grave
Project CA 92840
Management (714) 740-8840
Fax 740-8842
FEE PROPOSAL
Construction Administration, Inspection, Surveying and Staking Services
Brea Canyon Road Improvements from Pathfinder Road to Southerly City Limits
and
Brea Canyon Cut -Off improvements from Brea Canyon Road to Westerly City Limits
September 4, 2001
SCOPE OF WORK
--
FEE
Surveying and Staking Services
1. Establish centerline control: ....................................... $3,200.00
2. Run bench circuit : ............................................... $1,920.00
3. Provide street stationing along curb (one side): ........................ $3,200.00
4. Install one set of stakes at 10m intervals for curb and gutter construction:... $12,800.00
5. Install one set of stakes at 20m intervals for bike trail/sidewalk construction:.. $6,400.00
6. Install stakes for storm drain and appurtenances: ....................... $3,200.00
7. Provide one set of stakes for construction of block wall: .................. $3,200.00
8. Office support: ......................................... ........ $2,800.00
TOTAL NOT -TO -EXCEED FEE: ........................................ $36,720.00
NOTES:
1. Any additional staking or restaking required will be billed at a time and material rate, and will
be a minimum of four (4) hours per request.
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Dewan, Lundin & Associates
Civil Engineering 12377 Lewis St.
Suite 101
Surveying
Garden Grove
Project CR 92840
Management (714) 740-8840
Fax 740-8842
SCHEDULE OF HOURLY RATES - 2001
HOURLY CHARGES FOR PERSONNEL:
Project Manager ...........................................
$100.00
Project Engineer ............................................
$85.00
Design Engineer ............................................
$75.00
CADD Designer .............................................
$70.00
Senior Drafter ..............................................
$60.00
Senior Plan Checker .........................................
$55.00
Construction Administrator ..................................
$58.00
Construction Observer ......................................
$50.00
Building Official .............................................
$65.00
Building Plan Check Engineer ..................................
$60.00
Building Plan Examiner .......................................
$60.00
Building Inspector ...........................................
$50.00
Two -Man Field Party .......................................
$960.00
Three -Man Field Party .......................................
$185.00
Office Survey Manager .......................................
$75.00
Word Processor ............................................
$40.00
NOTES:
All rates are subject to revision.
0
CITY COUNCIL
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Agenda # (0- (a G
Meeting Date: `7 ` 06 - ®i
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City ManagV9T
TITLE: Resolution No. 2001 -XX: A Resolution of the City Council of the City of Diamond Bar
Approving Program Supplement No. M003 to the Administering Agency -State
Agreement No. 07-5455 for Grant Funds, for the Construction of the Brea Canyon Road
Streetscape and Street Improvements Project.
RECOMMENDATION:
That the City Council adopt Resolution No. 2001 -XX and direct the City Clerk to forward the two
signed originals of the Program Supplement to the State of California Department of Transportation
for final execution.
FINANCIAL IMPACT:
The adoption of the Resolution and the execution of the Program Supplement will allow the City to be
reimbursed for $1,312,000.00 of the project costs from Federal Transportation Enhancement
Activities (TEA) Funds.
BACKGROUND:
The City has previously entered into an agreement, Administering Agency -State Agreement No. 07-
5455, which allows the City to administer projects that are funded by Federal Funds.
DISCUSSION:
The Brea Canyon Road Streetscape and Street Improvements Project is being partially funded with
Federal Funds. This Program Supplement No. M003, is a supplement to the Administering Agency -
State Agreement No. 07-5455. It is specifically for the Brea Canyon Road Streetscape and Street
Improvements Project. Adoption of the Resolution and execution of the Program Supplement are
necessary for the City to receive the $1,312,000.00 in Federal Funds that has been approved for this
project.
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Page 2
Program Supplement
PREPARED BY:
Kirk Phillips
Associate Engineer
REVI , WED BY-
James
estefano
Deputy City Manager
Date Prepared: September 12, 2001
1
vi .Liu
Director of Public Works
Attachments: Resolution
Program Supplement Agreement No. M003
RESOLUTION NO. 2001- -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING
PROGRAM SUPPLEMENT NO. M003 TO THE ADMINISTERING AGENCY -STATE AGREEMENT
NO. 07-5455 FOR GRANT FUNDS, FOR THE CONSTRUCTION OF THE BREA CANYON ROAD
STREETSCAPE AND STREET IMPROVEMENT PROJECT.
WHEREAS, the Congress of the United States has enacted the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA) and the Transportation Equity Act of the 21 st Century
(TEA -21) for program funding.
WHEREAS, the City of Diamond Bar, hereinafter referred to as "City", has applied for
ISTEA/TEA-21 funds to be used for the construction of the Brea Canyon Road Streetscape and
Street Improvement Project.
WHEREAS, before Federal -aid will be made available for a specific program project, the City
is required to enter into an agreement with the State of California Department of Transportation,
herein referred to as "State", to delineate certain responsibilities relative to prosecution of said project.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar does
hereby:
1. Approve Program Supplement No. M003 to Administering Agency -State Agreement No.
07-5455 for grant funds for the construction of the Brea Canyon Road Streetscape and
Street Improvement Project.
2. Certifies that said Project will be constructed in accordance with Program Supplement
No. M003.
3. Appoints Linda C. Lowry as agent of the City of Diamond Bar, to conduct all
negotiations, execute and submit all documents, including, but not limited to
applications, agreements, amendments, payment requests and so on, which may be
necessary for the completion of the aforementioned project.
PASSED, APPROVED AND ADOPTED by the City Council of the City this 1 St" day of September
2001.
ATTEST:
Lynda Burgess, City Clerk
Robert S. Huff, Mayor
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---
Page 2
Resolution No. 2001-
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, California do hereby certify that
the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of
Diamond Bar, California, at its regular meeting held on the 18th day of September 2001, by the
following vote, to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
City Clerk, City of Diamond Bar
California
` W
PROGRAM SUPPLEMENT NO. M003 Date:August 23;2001
to Location: 07-LA-0-DM13R
ADMINISTERING AGENCY -STATE AGREEMENT Project Number:STPLER-5455(004)
FOR FEDERAL -AID PROJECTS NO. 07-5455 E.A. Number: 07-931499
This Program Supplement is hereby incorporated into the Agency -State Agreement for Federal Aid which was entered into between
the Agency and the State on 08/19/96 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in
accordance with Article I of the aforementioned Master Agreemgnt under authority of Resolution No.
approved by the Agency on (See copy attached)_
The Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the
covenants or remarks setforth on the following pages.
PROJECT LOCATION:
Brea Canyon Road from Pathfinder to southerly city limit
TYPE OF WORK: Streetscape & Road Rehabilitation
Estimated Cost
$2,250,000.00
CITY OF DIAMOND BAR
By
Federal Funds
BTB $1,312,000.00
LENGTH: ()(MILES)
Matching Funds
LOCAL OTHER
$938,000.00 $0.00 $0.00
STATE OF CALIFORNIA
Department of Transportation
By
Chief, Office of Local Programs
Date
Project Implementation
Attest
Date
Title
I hereby certify upon
my persoo}nnaallJ knowledge that budgeted funds are available for this encumbrance:
Accounting Office
Y t Date
2 (7 /
$1,312,000.00
Chapter I Statutes I
Item I Year I� rogram BC
I Category I Fund Source I
AMOUNT
106 2001
2660-101-890 2001-2002 20.30.010.8 C
262042 892-F
1,312,000.00
Program Supplement 07-5455-MO03- ISTEA Page 1 of 3
0'>>-LA-O-DMT3R 08/23/2001
STPLER-5455(004)
SPECIAL COVENANTS OR REMARKS
1. All project repair, replacement and maintenance involving the
physical condition and the operation of project improvements
referred to in Article III MAINTENANCE, of the aforementioned
Master Agreement will be the responsibility of the ADMINISTERING
AGENCY and shall be performed at regular intervals and as
required for efficientoperation of the completed project
improvements.
2. The ADMINISTERING AGENCY is required to have an audit in
accordance with the Single Audit Act and OMB A-133 if it receives
a total of $300,000 or more in federal funds in a single fiscal
year. The federal funds received under this project are a part
of the Catalogue of Federal Domestic Assistance (CFDA) 20.205,
Highway Planning and Research. OMB A-133 superceded OMS A-128 in
1996. A reference to OMB A-128 in a Master Agreement (if any) is
superceded by this covenant to conform to OMB A-133.
3. The ADMINISTERING AGENCY will advertise, award and administer
this project in accordance with the most current published Local
Assistance Procedures Manual.
4. The ADMINISTERING AGENCY agrees that payment of Federal funds
will be limited to the amounts approved by the Federal Highway
Administration (FHWA) in the Federal -Aid Project
Authorization/Agreement or Amendment/Modification (E-76) and
accepts any resultant increases in ADMINISTERING AGENCY funds as
shown on the Finance Letter, any modification thereof as approved
by the Division of Local Assistance, Office of Project
Implementation.
5. Award information shall be submitted by the ADMINISTERING AGENCY
to the District Local Assistance Engineer immediately after the
project contract award. Failure to do so will cause a delay in
the State processing invoices for the construction phase. Please
refer to Section 15.7 "Award Package" of the Local Assistance
Procedures Manual.
6. STATE and ADMINISTERING AGENCY agree that any additional funds
which might be made available for new phase(s) of work by future
Federal obligations will be encumbered on this PROJECT by use of
a STATE approved "Authorization to Proceed" and Finance Letter.
ADMINISTERING AGENCY agrees that Federal funds available for
reimbursement will be limited to the amounts obligated by the
Program Supplement07-5455-M003- ISTEA Page 2 of 3
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C 74,,A-O*DMBR
STPLER-5455(004)
SPECIAL COVENANTS OR REMARKS
08/23/2001
Federal Highway Administration.
7. ADMINISTERING AGENCY agrees that it will only proceed with work
authorized for specific phase(s) with an "Authorization to
Proceed" and will not proceed with future phase(s) of this
project prior to,receiving an "Authorization to Proceed" from the
STATE for that phase(s) unless no further State or Federal funds
are needed for those future phase(s).
S. The ADMINISTERING AGENCY will furnish a qualified Resident
Engineer for the contract.
9. The ADMINISTERING AGENCY will reimburse the State for the
ADMINISTERING AGENCY share of costs for work requested to be
performed by the!State.
Program Supplement 07-5455-M003- ISTEA Page 3 of 3
J 11111117-117-71"
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,ITY�s�
Il►IMIOND I I!A.l
CITY COUNCIL
Agenda #
Meeting Date:
4,-'7
r 3-® t
AGENDA REPORT
TO: Honorable Mayor and Members o e City Council
VIA: Linda C. Lowry, City Manage
TITLE: Approval of a Budget Appropriation of $50,000, to Implement a Household Hazardous
Waste Collection and Recycling Service, to be Made Available to Residential Units
Beginning November 1, 2001, from the Unappropriated Integrated Waste Management
Fund Balance
RECOMMENDATION:
It is recommended that the City Council approve an authorization of $50,000 from the unappropriated
Integrated Waste Management Fund balance to expand and enhance the current household
hazardous waste collection program, beginning November 1, 2001.
FINANCIAL IMPACT:
There is no fiscal impact upon the City's General Fund. Resources for this service are obtained from
the Integrated Waste Management Fund, the revenues of which are collected from residential and
non-residential accounts through the AB 939 fees approved by Council resolution and collected by
the haulers on the City's behalf. In 2000, the AB 939 fees were increased to provide funds for this
service as well as other new services intended to meet unfunded environmental mandates. The
City's consultant and staff have analyzed the cost impacts upon the Household Hazardous Waste
(HHW) Collection Program, and found'the Fund to be fully solvent and able to provide resources
required for the foreseeable future. In addition, the HHW collection program provides for a program
cost to the City of $87 per household to be partially funded by the Used Oil Recycling Grant program
supplied by the CA Integrated Waste Management Board (CIWMB), and by a co -payment of $10 from
each participating resident, to be collected by the subcontractor of Waste Management Inc. This
service is intended to be a program augmenting the existing HHW round ups conducted by the
County of Los Angeles and the Sanitation Districts, and the funds will be expended on a first come,
first served basis, limited this fiscal year to 600 residential units.
BACKGROUND:
Our consultant has estimated that, each year, there are approximately 250 tons of toxic wastes
disposed in the trash by Diamond Bar residents (using a factor that 1 % of residential waste is HHW,
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Page 2
Household Hazardous Waste
minus any diverted wastes as identified below). It was reported by LA County Department of Public
Works that in year 2000, 611 Diamond Bar residential units (out of about 19,000 total residences)
participated in HHW round ups sponsored by the County Public Works/County Sanitation Districts.
Participating residents dropped off about 30 tons of toxic wastes including paints, pesticides, oil,
batteries, etc., at the round ups. Obviously, only a minority of residents (about 3%) participates in the
free drop offs [Source: LA County and Form 303].
Among the reasons cited by residents when asked informally as to why they do not participate in
HHW round ups include inconvenience, distance, timing, and lack of knowledge about events. The
City has spent considerable resources informing residents about toll free phone numbers operated by
the County and the State identifying opportunities for HHW collection. City Staff believe that there are
many more residents who could divert their HHW if afforded the opportunity to participate in
collection. A door-to-door service set up on an appointment basis will provide that opportunity. It also
does not interfere with the "free" service provided by the County.
In addition, there were about seven tons of oil collected by the hauler [Source: Waste Management],
and another seven tons collected at local used oil collection centers [Source: CIWMB]. Finally, we
estimate that about six tons of auto and household batteries and other items were returned to
manufacturers through various retail outlets. Altogether, it is likely that up to 50 tons of HHW were
diverted from landfilling during the calendar year, leaving the 250 tons remaining to be disposed
illegally. HHW includes paint, pesticides, household cleansers, nail polish, aerosols, detergent, oil, oil
filters, batteries of all types, gasoline, and solvents, to name several items, all of which are toxic and
not easily controlled by current landfill environmental protection technologies. In addition, the City
intends to add hypodermic needles or SHARPs to the list of household hazardous items to be
addressed by the program.
DISCUSSION:
It is important consider implementation of this program for two reasons. First, our City has an
agreement with the County Sanitation Districts binding us to implement our Household Hazardous
Waste Element (HHWE) as approved by the CA Integrated Waste Management Board, so as to fulfill
liability reduction requirements. Second, the HHWE requires the City to divert 100% of its HHW from
landfilling.
The City has applied for and been denied major funding from the CIWMB to help implement this
program, outside of a small amount of funding provided through the Used Oil Block Grant Program.
This requires the City to develop other funding sources, which it has done, to pay for the service that
costs $87 per household.
Page 3
Household Hazardous Waste
To deal with this quantity of HHW presently disposed of inappropriately in the trash, the City has
devised a method that addresses convenience, timing, knowledge, and distance all in one
application. The City is proposing to collect HHW through a door-to-door service.
Rather than replace the existing countywide round ups, this service will augment the round ups by
making a more accessible program for seniors, disabled, and otherwise inconvenienced persons to
participate. Using a simple system, residents will call an 800 number to request pick up service. The
resident's address will be obtained, and an instruction kit will ,be mailed to the resident. Packing
materials are included in the kit. On an appointed day, the resident will leave the packaged HHW in
their driveway, and the contractor will collect the materials.
Waste Management, Inc., our residential service provider, will hire the contractor. The contractor is
Curbside Inc., a firm experienced in collection of HHW from homes. The HHW will be transported to
a recycling facility in EI Monte, and virtually all materials will be recycled. The typical materials that
residents will be allowed to leave out for collection (and those they will not) are identified in Exhibit A.
For purposes of pricing, Curbside Inc will collect up to 100 pounds of HHW for the $87 total cost ($10
paid by resident). Any additional pounds of HHW will be paid for by the resident under a separate
agreement with Curbside Inc., at the price of 95 cents per pound. The 100 -pound limit is reasonable
and exceeds the normal amount generated by the typical household as identified by Curbside Inc in
their activities over the past five years.
The City has already applied for and received approval from the California Department of Toxic
Substances Control to operate a door-to-door service through the services of a contractor. The City
will be indemnified through the contractor for any liability occurring through accident or negligence.
This indemnification will'be identified and agreed to by the contractor in its agreement with Waste
Management.
As noted above, the service will cost the City $87 per participating household. This cost will be paid
for with a combination of funding, including a co -payment of $10 from each participating household
(also referred to as a "stop"), $10 per stop from the used oil grant, and $67 per stop from the
Integrated Waste Management Fund (IWMF) obtained from AB 939 fees. Based on the number of
participants in the County's program and the presence of the limiting co -payment fee required of
residents, we expect about 600 households per year to take advantage of the service. For the initial
year, we shall limit the collection to 600 households on a first come, first served basis. This will allow
us to gauge interest and participation in the program and plan for later years. The total estimated
initial cost of the HHW collection program is ,$52,200 of which $6,000 will be obtained from co-
payments, $6,000 from the oil' grant, and the remainder, $40,200, will be obtained from the IWMF.
Excluding the $6,000 in co -payments from residents, the total allocation minimally required from the
IWMF for HHW collection is $46,200.
Page 4
Household Hazardous Waste
In addition to the HHW collected, the City has requested Curbside Inc to provide a SHARPs service
for our residents. While Curbside Inc does not collect SHARPs door-to-door, they can provide a
SHARPs collection program using a one -gallon plastic jug that residents can fill with SHARPs and
mail directly to a SHARPs disposal center. Curbside Inc has promised to provide at no charge 25
one -gallon containers that normally cost $37 each. The City will budget the remaining $3,800 of the
$50,000 to pay for additional SHARPs containers. Based on the $37 per unit, our funds will purchase
about 102 SHARPs containers, so when combined with the 25 free SHARPs containers, we will be
able to distribute 127 such units to residents. The SHARPs program shall be operated on a limited
and pilot basis this year.
All promotion of the program is accounted for in the current budget ($3,000) approved by the City
Council. Also, please note that already included in this year's consultant's service/scope of work is
$3,400 of consultant's time to assist the City in this program. There is a current reserve of $322,000
in the IWMF as of 8/31/01. The operation of the program in a limited fashion allows the City the
opportunity to control costs and limit cost liability. The contractor will bill residents directly for the co-
payment, while submitting its monthly invoice to Waste Management, who will in turn submit the
invoice to the City for the balance due. There are sufficient funds to pay for the service for the near
future.
PREPARED BY:
J. Michael Huls, REA, Integrated Environmental Services Coordinator
REVIEWED BY:
James DeStefa no, Deputy City Manager
Attachments:
4G.iector of Public Works
A Listing of Materials Collected and Not Collected
B Contract Between Waste Management and Curbside Inc.
C Collection Variance Obtained from the CA Department of Toxic Substances Control
-T
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ATTACHMENT A
HOUSEHOLD HAZARDOUS WASTE TYPES
Acceptable HHW Wastes
Pesticides
Insect sprays
Weed killers
*Herbicides
*Rust removers
`Swimming pool chemicals
*Wood preservatives
*Used oil filters
*Batteries
Vehicle
Household
*Fluorescent tubes
*Chlorine bleach
*Drain openers
*Corrosive chemicals (noncommercial)
Lye
Muriatic acid
*Hobby chemicals
*Lubricants
Used motor oil
Used transmission fluid
Gear oil
*Pail products
Oil
Latex
Spray
Stripper
*Paint thinners
*Automotive chemicals
Waxes
Polishes
Cleaners
Carburetor cleaner
Brake fluid
Gasoline
Antifreeze
Solvents
*Photo chemicals
*Household chemicals
"SHARPS,
Unacceptable
Biological waste
Medical Waste
Radioactive materials
Including smoke detectors
Ammunition
Explosives
Commercial chemicals
Large containers over 5 gallons
Materials improperly packaged
for transportation
Fire extinguishers
Gas cylinders, tanks
Un -labeled material
Unknown material
' Hypodermic needles limited to 127 one -gallon containers will be distributed on a first-
come, first-served basis in a pilot program for the initial year.
5
ATTACHMENT B
SERVICE AGREEMENT
Curbside, Inc.
THIS AGREEMENT is made this 18t�' day of September 2001 -by USA WASTE OF CALIFORNIA,
INC., d/ba WASTE MANAGEMENT OF SAN GABRIEUPOMONA VALLEY ("WM") and
CURBSIDE, INC., ("Contractor').
RECITALS
WHEREAS, Curbside, Inc., ("Contractor") and Waste Management San Gabriel/Pomona Valley
("WM") desires to utilize the services of Contractor to establish and manage a Door -to -Door
Household Hazardous Waste Collection Program for the City of Diamond Bar, CA ("City"); and
WHEREAS, Contractor is qualified by virtue of experience, training, education, and expertise to
accomplish the services.
AGREEMENT
THE PARTIES MUTUALLY AGREE AS FOLLOWS:
Term of Aqreement. This Agreement shall begin upon execution and continue until
June 30, 2010, unless extended.
2. Services to be Provided. The services to be performed by Contractor shall consist of
the collection of Household Hazardous Waste as listed on (Exhibit "A", Household
Hazardous Waste Types) and Sharps Program (Exhibit "D") directly from residents of the
City and disposing of said waste in a manner which is consistent with current State and
Federal Health and Safety Code requirements.
3. Compensation. Contractor shall be compensated as follows:
3.1 Contractor will charge a per stop fee of $87 for each completed residential
collection and disposal of Household Hazardous Waste, per attached
Exhibits `B" and Exhibits "C".
3.2 Method of Payment. Contractor shall collect a co -payment of $10 from each
residence using this service. The City shall pay the remaining balance
directly to WM who shall reimburse Contractor upon receipt of invoice.
3.3 Rate Adjustment Methodology. Contractor shall receive rate adjustments as
scheduled and in conjunction with the agreement between WM and the City.
4. Insurance Requirements.
4.1 Contractor performing tasks for WM will comply with the terms of sections 4.2
through 4.4.
4.2 Commencement of Work. Contractor shall not commence work under this
Agreement until it has obtained all insurance required and WM has approved
this insurance. All insurance required by this Agreement shall contain a
Statement of Obligation on the part of the carrier to notify WM of any material
change, cancellation, or termination at least thirty (30) day in advance.
4.3 Worker's Compensation Insurance. During the duration of this Agreement,
Contractor shall maintain Workers' Compensation Insurance if applicable.
1
4.4 Insurance Amounts. Contractor shall maintain the following insurance for the
duration of this Agreement:
(a) Comprehensive general liability in the amount of 5,000,000.00
aggregate and $1,000,000.00 per occurrence.
(b) Automobile liability in the amount of $1,000,000.00 aggregate and
$1,000,00.00 per occurrence.
(c) Endorsements for the policies under section 4.4 (a) and (b) shall designate WM as additional
name insured. Contractor shall provide to WM proof of insurance in the form of certificates of
insurance and endorsement forms, as approved by WM.
5. Non -Liability of Officials and Employees of WM Concerninq Participatinq
Residents Co -Payments.
5.1 No official or employee of WM shall be personally liable to
Contractor in the event of any default or breach by WM, or for any
amount which may become due to Contractor.
6. Non -Discrimination. Contractor covenants there shall be no discrimination against any
person or group due to race, color, creed, religion, sex, marital status, age, handicap,
national origin, or ancestry, in any activity pursuant to this Agreement.
7. Independent Contractor. It is agreed that Contractor shall act and be an independent
Contractor and not an agent or employee of WM, and shall obtain no rights to any
benefits which accrue to WM employees.
8. Compliance with Law. Contract shall comply with all applicable laws, ordinances,
codes, and regulations of the federal, state, and local government.
9. Disclosure of Documents. All documents or other information developed or received by
Contractor are confidential and shall not be disclosed without authorization by WM unless
law requires disclosure.
10. Ownership of Work Product. All documents or other information developed by
Contractor and specifically compensated for by WM shall be the property of WM.
Contractor shall provide WM with copies of these items upon demand or upon
termination of this Agreement.
11. Conflict of Interest and Reportinq. Contractor shall at all times avoid conflict of
interest or appearance of conflict of interest in performance of this Agreement
12. Notices. All notices shall be personally delivered or mailed to the below listed
addresses, or to such other addresses as may be designated by written notice. These
addresses shall be used for delivery of service of process.
(a) Address of Contractor is as follows:
Attn: Patrick F. Anderson
Curbside, Inc.
1845 Orangewood Avenue, Suite 320
Orange, CA 92868
(b) Address of WM is as follows:
Attn: Ray Andersen
2
_ _ _ _ l_-4. 1. ,-14411111 ,1 IIbAn '11" oL1111 1. u-i�u, . i .�......un . _ _ __ I
Waste Management of San Gabriel/Pomona Valley
13940 E. Live Oak Avenue
Baldwin Park, CA 91706
13. Contractor's Proposal.
(a) Contractor's proposal is herein incorporated by reference and enclosed as
Exhibit "137.
14. Familiarity with Work. By executing this Agreement, Contractor warrants that:
(1) it has investigated the work to be performed; (2) it has investigated the site of the
work and is aware of all conditions there; and (3) it understand the facilities, difficulties,
and restrictions of the work under this Agreement. Should Contractor discover any latent
or unknown conditions materially differing from those inherent in the work or as
represented by WM, it shall immediately inform WM of this and shall not proceed, except
at Contractor's risk, until written instructions are received from WM.
15. Time of Essence. Time is of the essence in the performance of this Agreement.
16. Limitations Upon Subcontractinq and Assignment. The experience,
knowledge, capability, and reputation of Contractor, its principals and employees were
a substantial inducement for WM to enter into this Agreement. This Agreement may not
be assigned voluntarily or by operation of law, without the prior written approval of WM.
IfContractor is permitted to subcontract any part of this Agreement,
Contractor shall be responsible to WM for the acts and omission of its sub -Contractor as
it is for persons it directly employed. Nothing contained in this agreement shall create
any contractual relationship between any sub -Contractor and WM. All persons engaged
in the work will be considered employees of Contractor. WM will deal directly and will
make all payment to Contractor.
17. Termination. WM and Contractor shall have the right to terminate this Agreement for
cause by providing sixty (60) days written notice of intention to terminate this Agreement.
18. Authority to Execute. The persons executing this Agreement on behalf of the parties
warrant that they are duly authorized to execute this Agreement and that by executing the
Agreement the parties are formally bound.
19. Indemnification. Contractor agrees to protect, defend, and hold harmless WM, its
elected officials, appointed boards, officers, agents, and employees from any and all
claims, liabilities, expenses, or damages of any nature, including attorney's fees, for
injury or death of any person, or damage to property, or interference with use of property,
arising out of, or in any way connected with performance of the Agreement by Contractor,
Contractor's officers, and employees. The only exception to Contractor's responsibility to
protect, defend, and hold harmless WM, is due to the sole negligence of WM, or any of its
appointive boards, officers, agents or employees.
This hold harmless agreement shall apply to all liability regardless of whether any
insurance policies are applicable. The policy limits do not act as a limitation upon the
amount of indemnification to be provided by Contractor.
20. Modification. This Agreement constitutes the entire agreement between the parties and
supersedes any previous agreements, oral or written. This Agreement may be modified
only by subsequent mutual written agreement executed by WM and Contractor.
.1-1k-,..hi..i-..,tv..,_.-i,+,11.11--.- , 111
21.
21. Waiver. All waivers of the provisions of this Agreement must be in writing by the
appropriate authorities of WM and Contractor.
22, State Law. This Agreement shall be construed in accordance with the laws of the State
of California. Any action commence about this Agreement shall be filed in the Los
Angeles County Superior Court.
23. Interpretation. This Agreement shall be interpreted as though prepared by both parties.
24. Preservation of Aqreement. Should any provision of this Agreement be found invalid or
unenforceable, the decision should affect only the provision interpreted, and all remaining
provisions shall remain enforceable.
IN WITNESS THEREOF, these parties have executed this Agreement on the day and
year shown below.
Waste Management of Curbside Inc.
San Gabriel/Pomona Valley
By By
Date:
ENCLOSURES
Exhibit "A" —Household Hazardous Waste Types
Exhibit "B" — Proposal
Exhibit "C" --Cost Proposal
Exhibit "D" — Sharps Mail Back Program
F1
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Exhibit "A"
HOUSEHOLD HAZARDOUS WASTE TYPES
Acceptable HHW Wastes
Pesticides
Insect sprays
Weed killers
*Herbicides
*Rust removers
*Swimming pool chemicals
*Wood preservatives
*Used oil filters
*Batteries
Vehicle
Household
*Fluorescent tubes
*Chlorine bleach
*Drain openers
*Corrosive chemicals (noncommercial)
Lye
Muriatic acid
*Hobby chemicals
*Lubricants
Used motor oil
Used transmission fluid
Gear oil
*Pail products
Oil
Latex
Spray
Stripper
*Paint thinners
*Automotive chemicals
Waxes
Polishes
Cleaners
Carburetor cleaner
Brake fluid
Gasoline
Antifreeze
Solvents
*Photo chemicals
*Household chemicals
*SHARPS,
Unacceptable
Biological waste
Medical Waste
Radioactive materials
Including smoke detectors
Ammunition
Explosives
Commercial chemicals
Large containers over 5 gallons
Materials improperly packaged
for transportation
Fire extinguishers
Gas cylinders, tanks
Un -labeled material
Unknown material
' Hypodermic needles limited to 127 one -gallon containers will be distributed on a first-
come, first-served basis in a pilot program for the initial year.
5
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Exhibit "B"
Household Hazardous Waste Management Program
Proposal
This section describes a complete household hazardous waste management program to
include the HHW events sponsored by the County of Los Angeles.
Residents of Diamond Bar generate HHW on a daily basis. The County of Los Angeles
provides one or two opportunities each year for residents to dispose of their HHW at an
event held in or near the City. The event requires residents to transport their HHW to the
site on the specified date(s).
Some residents do not have transportation, cannot drive, will not drive or are unavailable
at the time of the event(s). There are other residents who will find it inconvenient to pack
their trunks and transport toxic materials to a site. For these reasons, Waste
Management proposed to introduce a door-to-door household hazardous waste program.
Residents will be offered the opportunity to call 1-800-HHW-PKUP and ask for a
collection of their HHW at their home. A kit (residents place toxic materials in the kit) will
be shipped via UPS, to their home. Residents can fill the kit and place an unlimited
quantity of used oil, antifreeze (in container of not greater than five (5) gallons) outside
the kit along with auto batteries and used oil filters. Residents can place up to ten (10)
additional gallons or equivalent amount of containers of paint outside of the kit.
All of the above waste will be collected on the designated date at the resident's door. If
the resident is a disable person or requires special assistance, they can request it while
they call the hotline to set up the collection date. The waste is taken to the Safety-Kleen
branch in the City of EI Monte. From there, most of the items will be recycled. Items that
cannot be recycled will be destroyed with the exception of asbestos containing materials
which will be land filled in a secure landfill:
Residents who decide to take advantage of the program can call the hotline and they will
be told they must pay a co -pay of $10.00 for the stop. Callers can use credit cards or pay
by check. Each month, the City will receive a report indicating the number of residents
who have taken advantage of the program and the waste collected during the period.
(Should the City and/or Waste Management decide to pay for any stops, the price per
stop would be $87.00.
Each quarter, a complete report will be submitted to Waste Management including
statistics on calls, waste collected and other issues.
There are a number of obvious benefits from this type of program. Some are listed
below:
*On call program available all year.
*Residents who are moving have access.
.Disabled persons can be served ensuring that the City meets its requirements
under Americans With Disabilities Act.
•Most of the waste is actually recycled.
*The program is efficient, requiring little Staff time.
*Existing public education camera ready art will be provided at no cost.
*Assistance from Curbside Inc.'s marketing department can help launch the
public education program.
•Callers who have unacceptable items such as explosives, ammunition,
biological or radioactive waste will be directed to proper disposal alternatives.
0
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*Callers who have unacceptable items such as explosives, ammunition,
biological or radioactive waste will be directed to proper disposal alternatives.
•Documentation for the annual 303 report will be provided.
*The program can be implemented immediately.
The vendor, Curbside Inc., a division of Safety-Kleen Corp., is providing a similar
program to a number of California Cities and Counties as well as Cities, Counties and
Districts across the country. The Cities of Lemon Grove, Norwalk, Placentia,
Westminster, Westminster Sanitary District, Chula Vista, National City, San Francisco,
Santa Clarita and others are all clients of Curbside Inc. with similar programs. Staff
should feel free to contact any of the above Curbside Inc. clients.
While all of the above programs are funded by the public agency, Curbside -Inc.. accepts
calls from residents across the country that are willing to pay for their own collection in
the absence of any formal program. Curbside Inc. invented the "Door -to -Door" concept in
California and was the first company to launch true "Door -to -Door" programs with
changes made to the California Health and Safety Code in January 1996, making the
concept possible in California.
Curbside Inc. has collected from more than 61,000 homes during the previous five (5)
years. Safety-Kleen's extensive network of branches performs the collections. Safety-
Kleen has assets of more that $3 Billion. The waste is transported to a California
Department of Toxic Substances Control permitted household hazardous waste facility in
EI Monte, owned by Safety-Kleen.
Curbside Inc. will prepare the application for this program to the CAL EPA DTSC office.
The application is normally approved in about two (2) weeks. There is no cost for this
service or for the permit.
The California Integrated Waste Management Board will allow the expenditure of used oil
block grant funds to help support a community paid door-to-door collection program as
long as there is used oil on the stop. Further, should the City wish to increase
participation, Community Development Block Grant Funds from U.S. Government can be
used to pay the cost of door-to-door HHW collection programs for seniors, disabled
persons and certain low-income residents. For more information on the grants please
contact us. Curbside Inc. can assist with applications.
7
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NOTE:
Exhibit "C"
Cost Proposal
An HHW Stop is the collection of material such as oil-based paint, pesticides,
herbicides, solvents, acids, pool and photo chemicals, or household chemicals
Curbside will only collect used motor oil and filters when any of these other types
of HHW wastes will also be collected. Curbside will not schedule a collection for
just used oil. All residents that only have used motor oil will be informed of the
City's used oil only collection program. Types of material to be collected under
this program can be found on Exhibit "A". Curbside will collect a $10.00 co -pay
from residents for all HHW collections. This $10.00 co -pay will reduce final cost
to Waste Management to a net per stop cost of $77.00 per stop. Waste
Management will be billed $77.00 per stop for collection of the following
maximum amounts of material collected per stop.
For all stops where Non -recyclable HHW is present, Curbside will send the
resident the HHW Collection Kit. If the resident has only latex paint, oil base
paint or automotive batteries the kit will not be used. The Kit is a large, heavy-
duty plastic box designed to hold approximately 100 pounds of toxic HHW.
Residents will be instructed to place all non -recyclable toxic material in the box.
The maximum amount of waste to be collected under this program component
for the above quoted fee will be the box containing toxic material. In addition
outside of the box the resident may place five (5) gallons of latex paint, five (5)
gallons of oil base paint, five (5) gallons of used motor oil, and five (5) gallons of
antifreeze or equivalent size containers of each material. In addition included will
be up to three (3) auto batteries and five (5) used oil filters.
A gallon of paint as defined here is a "gallon size container". Volume is not
counted, only containers. i.e. three (3) one gallon containers = three (3)
gallons. Two (2) gallon containers each half full = two (2) gallons
All liquid material must be in containers of five (5) gallon or smaller.
Additional charges: Curbside will allow a 105 -pound per house average before
Any additional' fees are charges. Any additional waste collected above the 105 pounds
Per stop average will be billed at a rate of $0.95 per pound. We will not collect
commercial chemicals nor will we collect waste in containers larger than five (5) gallons
without additional charges. W/M will have the option to pay all costs for additional waste
or have residents pay all costs. If the residents are required to pay additional costs these
costs must be paid at time of collection. If the residents are not home the additional'
waste will be left at the residents home along with a door hanger indicating why the
material was left behind.
- -- - z - 1
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Exhibit "D"
Sharps Mail Back Program
Residents can call the same toll free number as the HHW collection program and order a
Sharps Kit. The kit is mailed directly to the resident from the Curbside Inc. fulfillment
House. The resident opens the kit which is comprised of a plastic bag, tie, shipping form,
plastic sharps container, and postage paid mail back box. After the sharps container is
filled, the resident completes the shipping form, seals the container in the plastic bag,
places the container in the postage paid shipping box and mails it.
The container will be mailed directly to an approved incinerator. There is no liability for
the resident or Waste Management. The entire kit is Postal Service approved. If the
residents wants another kit, they call the toll free hotline and one will be shipped.
During the initial year of the pilot program, a total number of 127 one -gallon kits will be
distributed on a first-come, first-served basis. The cost will be billed monthly as the kits
are shipped, up to the maximum of 127 kits. Curbside Inc. will provide the first
twenty-five (25) sharps kits at no charge.
PRICING
Sharps Pricing: All containers sizes as listed below include shipping to the resident and
back to the incinerator when container is full and all disposal costs.
SIZE NEEDLE CAPACITY PRICE
1 gallon 150-180 $37.00 each
Services included in the cost are:
•Hotline Operation
•Shipping of Sharps Kit to Resident
•Sharps Mail -In Kit
•Artwork is available from Curbside archives upon request
•Program Administration
*Creation of Report
.Incineration and recycling of sharps and containers
Winston H. Hickox
Agency Secretary
California Environmental
Protection Agency
ATTACHMENT C
Department of Toxic Substances Control
January 25, 2001
Edwin F. Lowry, Director
700 Heinz Avenue, Suite 200
Berkeley, California 94710-2721
Mr. David Liu, Director
Public Works Department
21660 E. Copley Drive, Suite 190
Diamond Bar, California 91785
ye.0
Gray Davis
Governor
VARIANCE AUTHORIZING THE CITY OF DIAMOND BAR TO CONDUCT RESI-
DENTIAL HOUSEHOLD HAZARDOUS WASTE COLLECTIONS -- HHWVAR010107
Dear Mr. Liu:
This letter is in response to the City of Diamond Bar's request for a variance to operate a
residential household hazardous waste (HHW) collection service.
The Department of Toxic Substances Control (DTSC) has completed review of your
December 28, 2000 submittal requesting a variance to collect residential household
hazardous waste. Based on the information contained in your submittal, DTSC is granting
a three year variance to the City of Diamond Bar subject to the conditions and limitations
set forth in the attached document. This variance becomes void 90 days after the
residential program is included in PBR regulations.
Health and Safety Code (HSC), section 25205.3, exempts household hazardous waste
collection facilities operated by local government agencies from fees imposed by HSC
Article 9.1. Therefore, no fees will be assessed for the issuance of this variance.
If you have any questions concerning this variance, please contact Mr. Lee Halverson of
my staff at (510) 540-3894.
Sincere ,
L
Lawrence S. Wong, Section C ief
Northern California Branch
State Regulatory Programs Division
Attachment
cc's: next page
® Printed on Recycled Paper
'-
City of Diamond Bar Residential HHW Variance
HHWVAR010107
Page 2
cc: Mr. Bill Jones, Manager
Los Angeles County Fire Department
5825 Rickenbacker Road
Commerce, California 90040-3027
Mr. Brian Kelley
Safety Kleen/Curbside, Inc.
1845 Orangewood Avenue
Orange, California 92868
Ms. Mary Locke, Chief (HO -11)
Office of Criminal Investigations
Department of Toxic Substances Control
P. O. Box 806
Sacramento, California 95812-0806
Mr. Joel Arbuckle
Commercial Vehicle Section
Department of the California Highway Patrol
P. O. Box 942898
Sacramento, California 94298-0001
City of Diamond Bar Residential HHW Variance
H HWVAR010107
Page 3
1. This variance applies only to the household hazardous waste residential
collection specified in section I of this document.
2. The residential collections shall be conducted in accordance with the information
and requirements set forth in this variance, the application operation plans, and all
applicable State, Federal and Local regulations. Failure to comply may result in denial
for future operations or lead to enforcement actions.
3. All collection operations shall be conducted to minimize potential harm to the
public, operators, haulers, and the environment. All associated collection personnel,
contractors, and emergency response personnel who will be handling hazardous waste
shall use all required personal protective and safety equipment during' operating hours
as specified by Title 8, Cal. Code Regs.
4. Participants shall make appointments and the applicant shall conduct a pre-
collection.educational program that provides the participants with proper labeling,
sorting, and packaging directions.
5. Only those persons trained in hazardous waste management, including
personnel loading or unloading waste from transport vehicles, shall be allowed to
handle the waste. Job titles, job descriptions, and personnel training records shall be
made available upon request for each person handling hazardous waste as specified in
Title 22, Cal. Code Regs., section 66264.16{d).
6. A copy of the emergency response/contingency plan shall be maintained with
each vehicle transporting hazardous waste.
7. The name and phone number of the emergency coordinator, alternate
emergency coordinator, and the location and telephone number of at least one local
hospital with route map shall be maintained and available with each vehicle transporting
hazardous wastes.
8. Household hazardous wastes only shall be collected from private residences.
Wastes prepared for collection shall not be placed at the curb or roadside.
9. All wastes will be transported in a registered hazardous waste transport vehicle.
10. All wastes will be delivered to an authorized household hazardous waste
collection facility.
-
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City of Diamond Bar Residential HHW Variance
HHWVAR010107
Page 4
11. Transported household hazardous waste shall be in closed containers and
packed in a manner that prevents the containers from tipping, spilling, or breaking
during transport. _
12. Per HSC, section 25218.5(e)(3) a manifest is not required for these collections,
provided that wastes are delivered to an authorized HHW.collection,facility. In lieu of a
manifest a receipt shall be issued for the household hazardous waste collected from an
individual residence, and a copy of the receipt shall be retained by the public agency for
a period of at least three years. The receipt shall include, at a minimum, an inventory of
waste types and quantities, the occupant's name and address, and date.
13. No intentional releases of hazardous waste shall be made to the land, air, or
water. Spilled and leaked waste shall be collected immediately to prevent further
contamination.
14. Radioactive waste shall not be accepted (with the exception of smoke
detectors/alarms).
15. Any wastes not covered in this variance that are determined to pose a danger to
human health and/or the environment shall be immediately referred to the appropriate
agency for further action.
16. Compressed gas containers greater than twenty pounds, reactive waste, and
explosives (including ammunition) shall not be accepted and shall be referred to the
appropriate agency for proper management.
17. Compressed gas containers up to twenty pounds, aerosol cans, and smoke
detectors/ alarms may be collected if directed to appropriate recycling, manufacturing or
disposal facilities.
18. Collected wastes shall be identified, labeled, and segregated into separate
hazard classes at the time of collection. -Labpacked wastes shall be kept in original
containers and packaged into federal Department of Transportation (DOT) specified
packages with appropriate absorbent. Wastes shall be transported in closed containers
and packed in a manner that prevents the containers from tipping, spilling, or breaking
during transport.
19. Nothing in this variance shall be construed to limit the authority of DTSC or
personnel to visit collection operations for the purposes of evaluating compliance with
the requirements of this variance.
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City of Diamond Bar Residential HHW Variance
HHWVAR010107
Page 5
20. DTSC shall be notified immediately upon discovery of any situation not
addressed within the conditions of this variance.
21. The applicant shall immediately notify DTSC of any noncompliance with the
terms of this variance.
22. A copy of this variance shall be carried in all vehicles used to transport
hazardous waste.
23. An accident report -regarding any hazardous waste transported pursuant to this
variance shall be submitted to this office, at the address listed in "correspondence"
below, within 10 days of the accident.
Correspondence: Correspondence regarding this variance should be forwarded to:
Department of Toxic Substances Control
Household Hazardous Waste Unit
State Regulatory Programs Division
700 Heinz Avenue, Suite 210
Berkeley, California 94710-2721
Telephone: (510) 540-3894
Limitations of the variance: This variance only applies to HHW identified in this
variance. All other hazardous wastes not specified in this variance are fully regulated
under the HSC and Title 22, Cal. Code Regs.
Liability: The issuance of this variance does not release the applicant from any liability
associated with the handling of hazardous waste except as provided above.
CERTIFICATION. DTSC hereby grants this variance from the hazardous waste facility
requirements imposed pursuant to HSC, section 25201 and Title 22, Cal. Code Regs.,
Division , Chapter 20 subject to the conditions and limitations presented above.
Lawrence S. Wong, Section Chief Date
Northern California Branch
State Regulatory Programs Division
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VARIANCE HHWVAR010107
Pursuant to Health and Safety Code (HSC), Chapter 6.5, Division 20, section 25143,
the California Department of Toxic Substances Control (DTSC) grants a permit variance
to the agency specified below:
1. IDENTIFYING INFORMATION
Applicant: City of Diamond Bar
21660 E. Copley Drive, Suite 190
Diamond Bar, California 91765
Contact:
Mr. Michael Huls
Telephone:
(909) 396-5671
Fax:
(909) 396-7486
EPA ID #:
CAH 111 000 923
Collection Description: The City of Diamond Bar, hereafter referred to as the
applicant, will conduct residential collections of household hazardous waste (HHW).
Collection and transportation of HHW will be done by a contractor.
Variance Type: Facilities Permit
(XX) New ( ) Renewal ( ) Modified/Revised Variance
Effective Date: February 1, 2001 Expiration Date: January 31, 2004
Applicable statutes and regulations: HSC, sections 25143 and 25201
If. FINDINGS AND DETERMINATIONS
FINDINGS. The collection of HHW is not presently subject to regulation by the United
States Environmental Protection Agency pursuant to the Resource Conservation and
Recovery Act (RCRA) of 1976, as amended, (42 U.S.C., section 6901, et seq.). Title
40, Code of Federal Regulations (CFR 40), section 261.4(b) excludes household
hazardous waste from regulation.
This variance is requested for household hazardous wastes to be collected by a
residential program. No business or agricultural wastes are to be accepted.
Additionally, explosives, radioactives, infectious/medical wastes, and compressed gas
cylinders larger than 20 pounds will not be accepted.
The applicant will be the operator of the residential collection events and will assume
generator status for the collected HHW. The contractor will collect, package, and
coordinate transportation and disposal for the hazardous waste collected by the
City of Diamond Bar Residential HHW Variance
HHWVAR010107
Page 2
residential program. Hazardous waste collected by the residential program will be
delivered to an authorized HHW collection facility for further management
Authority for granting the variance is contained in HSC, section 25143: The hazardous
waste is solely a non-RCRA hazardous waste, or the hazardous waste management
activity is subject to. RCRA but has been granted a waiver or variance pursuant to the
Comprehensive Environmental Response, Compensation and Liability Act (CERCLA),
or is not otherwise regulated pursuant to RCRA.
DETERMINATIONS. The hazardous waste management activity is insignificant as a
potential hazard to human health and safety, and the environment. Issuing this
variance will not have a significant effect on the environment within the meaning of Title
14, California Code of Regulations (Cal. Code Regs), section 15061(b)(3). DTSC has
determined that the applicant meets the requirements, as outlined in HSC, section
25143, for waiver of the requirements specified in HSC, section 25201(a) and Title 22,
Cal. Code Regs., Division 4.5, Chapter 20.
CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) EXCLUSION. Based on its
review of the same evidence, DTSC finds that it can be seen with certainty that there is
no possibility that the granting, of this variance may have a significant effect on the
environment, within the meaning of Title 14, Cal. Code Regs., section 15061(b)(3).
III. SPECIFIC WAIVER. At this time, DTSC is waiving the requirement that the
applicant obtain a hazardous waste facility permit for collection of HHW per HSC,
section 25201 and is waiving associated regulatory requirements in Cal. Code Regs.,
Title 22, Chapter 20 for permitted facilities, except as specified in section IV.
IV. TERMS AND CONDITIONS
Conditions for revocation: This variance is subject to review at the discretion of
DTSC and may be revoked at any time. DTSC shall revoke this variance if DTSC finds
that the provisions as outlined in HSC, section 25143(c) for variance revocation have
been met or on the basis of changes in DTSC policy. This variance will become void 90
days after the residential program is included in PBR regulations.
Specific terms and conditions of this variance: This variance is issued, on the basis
of information contained in the variance application received by DTSC on January 16,
2001. The applicant shall be subject the procedures identified in section II and the
following conditions:
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City of Diamond Bar Residential HHW Variance
HHVVVAR010107
Page 3
bcc: Mr. Andre Amy, Duty Officer
Glendale Office (R3-1)
Department of Toxic Substances Control
1011 N. Grandview Avenue
Glendale, California 91201
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CITY COUNCIL
Agenda # °
Meeting Date:
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager Xt
TITLE: AUTHORIZATION TO EXCEED THE CITY MANAGER'S PURCHASING AUTHORITY
OF $15,000 TO CONTRACT TEMPORARY EMPLOYMENT SERVICES THROUGH
APPLE ONE, REMEDY TEMP., AND OTHER TEMPORARY EMPLOYMENT
AGENCIES NOT TO EXCEED A TOTAL OR COMBINED AMOUNT OF $74,000
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to exceed her purchasing
authority limit of $15,000 to contract temporary employment services to be provided by Apple One,
Remedy Temp, and other temporary employment agencies for a combined total not to exceed
$74,000.
FINANCIAL IMPACT:
Sufficient funds are available through salary savings as a result of vacant positions within the City.
The City Clerk and Public Works Divisions are currently utilizing long-term temporary personnel to fill
two (2) fulltime budgeted positions. If both positions were staffed with fulltime City employees, the
cost including salary and benefits would be $106,360. By contracting with a temporary employment
agency for temporary personnel to staff these positions, the City reduces these costs to $64,119
annually resulting in an annual savings of $42,241. In addition, the City requires short-term
temporary employment services throughout the year for various reasons. The cost for these services
is approximately $10,000.
DISCUSSION:
To date, the City has spent approximately $15,000 for temporary employment services. Since the
City Manager's spending authority is limited to $15,000, City Council approval is required to continue
to utilize temporary employees.
- - , --, -
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There are two (2) long-term temporary staff assignments in the City Clerk's Office and the Public
Works Department substituting for two vacancies which are under review to assess the continued
appropriateness of the positions. There may be a potential for re -organization of personnel to
enhance the delivery of service to Diamond Bar residents and/or the potential of reducing costs.
There may be a need to continue to utilize temporary employees in these positions for the remainder
of the fiscal year while management performs job audits and procedures and process analysis.
By authorizing the City Manager to expend up to $74,000 for temporary employment services with
Apple One, Remedy, and other temporary employment agencies, the City maximizes its options for
securing these services since it is not limited to one agency. The total expenditure to the temporary
employment agencies combined will not exceed $74,000.
PREPARED BY:
Teresa Arevalo, Senior Administrative Assistant
_ +_ a.,1v-i,Nt , .
DIAMOND RAR
CI'T'Y COUNCIL
Agenda # 6 -9
Meeting Date: September 18, 2001
AGENDA REPORT
TO: Honorable Mayor and Members othe City Council
VIA: Linda C. Lowry, City Manage
4Wt
TITLE: Resolution Nos. 2001 -XX, 2001 -XX and 2001 -XX to authorize and approve self-
insurance of Workers' Compensation for its employees and volunteers through the self-
insurance and loss pooling program of the California Joint Powers Insurance Authority
(CJPIA)
RECOMMENDATION: It is recommended that the City Council
1. Adopt Resolution No. 2001 -XX, authorizing application to the Director of Industrial
Relations, State of California, for a certificate to self -insure workers' compensation
liabilities;
2. Adopt Resolution No. 2001 -XX approving self-insurance for the City's employees through
the self-insurance and loss -pooling program of the CJPIA at the $50,000 retention level at
an annual cost of $12,343; and
3. Adopt Resolution No. 2001 -XX providing workers' compensation coverage for city
volunteers pursuant to the provisions of Section 3363.5 of the labor code.
FINANCIAL IMPACT: The cost for workers' compensation insurance has been incorporated into the
FY 2001-02 budget. Under the State Compensation Insurance Fund (SCIF) 2000-2001 policy year,
the City will receive an invoice for the remaining quarter. In addition, approximately six -months after
the ending of the plan year, the City will receive an invoice based on the cost for volunteer patrol and
an audit based on the difference between the estimated premium and total premiums paid for the
plan year. Under SCIF, it is estimated to cost $40,751 for the 2001-2002 plan year, whereas, the
annual cost through CJPIA will be $12,343. It is anticipated that coverage under CJPIA will result in a
cost savings of several thousand dollars per year. There is no penalty should the City decide not to
renew its coverage through SCIF.
BACKGROUND: It is a State requirement that employers have workers' compensation insurance.
Currently, the City is covered under SCIF for its employees and members of the Community
Volunteer Patrol. Premiums for coverage are paid on'a quarterly basis beginning October of each
year. The SCIF premium rates are based on a percentage of payroll for three categories of
employees: clerical, non -manual and others. In addition, the premium rate for Community Volunteer
Patrol members is paid at an approximate annual cost of $225 per volunteer.
Staff Report -Workers' Compensation
Page 2
According to the quote received from SCIF, the City's premium will increase to $40,751 for the next
policy year (October 1, 2001 — October 1, 2002). These rates are adjusted every year based on the
measure of exposure for each category and workers' compensation history for the City.
As a result of the increase for the 2001-2002 plan year, Staff contacted its current provider of liability
coverage, CJPIA, for a cost analysis of workers' compensation coverage through its self-insurance
and loss -pooling program. Attached is the analysis of the CJPIA proposal.
DISCUSSION: CJPIA's premium deposit cost analysis is based on the City's seven-year workers'
compensation loss history. The cost for CJPIA coverage is significantly lower than SCI because the
cost is not based on payroll and classification of employees, but rather on actual losses. In addition,
as a pooling program, other member cities share our losses, as do we share their losses as a
percentage of our share.
While the annual premium is $12,343, this amount will later be prorated to $9,257 for the October 1,
2001 to June 30, 2002 coverage period.
The primary deposit in the amount of $9,257 is an estimate of the expected cost of coverage for the
coverage period October 1, 2001 to June 30, 2002. If the City applies effective risk management and
loss control technique, it may receive a retrospective refund (primary deposit less the City's share of
losses and expenses). Should the City's loss experience be worse, the City could owe additional
funds to the workers' compensation pool. In either case, the amount will be refunded or billed over a
four-year period.
In order to be self-insured through the CJPIA, three resolutions must be adopted. The first resolution
authorizes and approves staff to make an application to the Director of Industrial Relations to self -
insure, the second resolution authorizes and approves self-insurance of workers' compensation for
employees through the self-insurance and loss -pooling program of CJPIA. The third resolution will
allow for workers' compensation coverage for the City's volunteers pursuant to the provisions of
Section 3363.5 of the labor code. Covering volunteers under the workers' compensation program
makes it the exclusive remedy for industrial injuries. This is more cost effective than allowing them to
sue for liability damages due to an industrial injury because there are defined statutory benefits under
the workers' compensation system.
Following adoption of the resolutions, the application for a Public Entity Certificate of Consent to Self -
Insure must be submitted as required by the Department of Industrial Relations Self -Insurance Plans.
If approved by the City Council, the effective date of the workers' compensation coverage through
CJPIA will be October 1, 2001
Staff Report -Workers' Compensation
Page 3
PREPARED BY:
Teresa Arevalo, Senior Administrative Assistant
REVIEWED BY:
David Doyle, Deputy City Manager
Attachments:
• Resolution No. 2001 -XX: Authorizing Application to the Director of Industrial
Relations, State of California.
• Resolution No. 2001 -XX: Self -Insurance and Loss Pooling Program of CJPIA.
• Resolution No. 2001 -XX: Providing Workers' Compensation coverage for certain
volunteers pursuant to the provisions of Section 3363.5 of the labor code.
• CJPIA Cost analysis quotation
—-� �-� ...-.,,, .,..�.uia-�,-.•,._��un..iu-.�minlnr��u�wi�ili�lli �dWII N.LLIi4nd�Y�_�- _ _�
RESOLUTION NO. 2001-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, PROVIDING WORKERS' COMPENSATION
COVERAGE FOR CERTAIN CITY VOLUNTEERS PURSUANT TO THE
PROVISIONS OF SECTION 3363.5 OF THE LABOR CODE.
WHEREAS, the City of Diamond Bar finds its best interest will be served by
utilizing volunteers in the provision of certain government services; and
WHEREAS, said volunteers should be eligible for workers' compensation
insurance while on duty;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Diamond Bar does hereby:
1. Find and determine that the public interest in best served by providing
workers' compensation coverage for City volunteer workers as specified by the City
Manager; and
2. Provide eligibility for said volunteers for workers' compensation benefits
which will be applicable during the time the person actually performs volunteer services,
provided, however, that the rights of volunteers shall be limited as set forth in the Labor
Code.
PASSED, APPROVED AND ADOPTED THIS day of , 2001.
Robert S. Huff, Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a meeting of the City
Council of the City of Diamond Bar held on the day of 2001 by
the following vote:
AYES: Council Members:
Noes: Council Members:
Absent: Council Members:
Abstain: Council Members:
Attest:
Lynda Burgess
City Clerk of the City of Diamond Bar
--. --- - -I „nom �.�w, --
�, Irlli"II1!I'i'11'11f!".,� _
RESOLUTION NO. 2001-"
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, TO AUTHORIZE AND APPROVE SELF-
INSURANCE OF WORKERS' COMPENSATION FOR ITS EMPLOYEES
THROUGH THE SELF-INSURANCE AND LOSS POOLING PROGRAM
OF CALIFORNIA JOINT POWERS INSURANCE AUTHORITY.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY
DOES FIND AND RESOLVE AS FOLLOWS:
WHEREAS, pursuant to the provisions of Section 6500 et seq. and also Section
990.4 and 990.8 of the California Government Code, the CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY was created in 1977; and
WHEREAS, the City of Diamond Bar has become a member of CALIFORNIA JOINT
POWERS INSURANCE AUTHORITY, and also of its General Liability Program; and
WHEREAS, CALIFORNIA JOINT POWERS INSURANCE AUTHORITY has established
and administered a successful Workers' Compensation Self-insurance and Loss Polling
Program for its members since January 1, 1980; and
WHEREAS, there are significant financial and administrative advantages for the
City of Diamond Bar to provide workers' compensation coverage for its employees
through the said Self-insurance and Loss Pooling Program of CALIFORNIA JOINT POWERS
INSURANCE AUTHORITY.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE, ORDER AND DETERMINE THE FOLLOWING:
Section 1. Workers' compensation coverage for employees of the City of
Diamond Bar through the Workers' Compensation Self-insurance and Loss Pooling
Program Of CALIFORNIA JOINT POWERS INSURANCE AUTHORITY is hereby authorized and
directed effective October 1, 2001.
Section 2. The City Manager or her designee is authorized and directed to
apply to the Department of Industrial Relations for a Certificate of Consent to Self -
insure, and to take such other actions as be necessary to effectuate self-insurance of
workers' compensation for City employees.
Section 3. That an Initial Annual Workers' Compensation Deposit of $12,343,
or such pro -rata part thereof as the Authority might determine for coverage of less than
a fiscal period, is approved and the appropriate officers of the City are authorized to pay
the same to the CALIFORNIA JPIA,
Section 4. That a Loss Retention level of $50,000 per occurrence is approved
for all employees.
Section 5. That the Mayor shall sign and the City Clerk shall certify to the
passage and adoption of this Resolution, and thereupon the same shall take effect and
be in force.
Section 6. That the City Clerk is directed to forward a certified copy of this
Resolution to CALIFORNIA JOINT POWERS INSURANCE AUTHORITY, 8081 Moody Street, La
Palma, California 90623.
PASSED, APPROVED AND ADOPTED THIS day of , 2001.
Robert S. Huff, Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a meeting of the City
Council of the City of Diamond Bar held on the day of , 2001 by
the following vote:
AYES: Council Members:
Noes: Council Members:
Absent: Council Members:
Abstain: Council Members:
Attest:
Lynda Burgess
City Clerk of the City of Diamond Bar
- -- -- -T,-
RESOLUTION NO. 2001-'
A RESOLUTION AUTHORIZING APPLICATION TO THE
DIRECTOR OF INDUSTRIAL RELATIONS, STATE OF
CALIFORNIA, FOR A CERTIFICATE OF CONSENT TO
SELF INSURE WORKERS COMPENSATION LIABILITIES
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY
DOES FIND AND RESOLVE AS FOLLOWS:
WHEREAS, the City of Diamond Bar is a municipal agency, incorporated, organized
and existing under the laws of the State of California and desires to self -insure its
workers' compensation liabilities.
BE IT RESOLVED, that the City Manager and City Clerk be are hereby severally
authorized and empowered to make application to the Director of Industrial Relations,
State of California, for a Certificate of Consent to Self Insure workers' compensation
liabilities on behalf of the City of Diamond Bar and to execute any and all documents
required for such application.
PASSED, APPROVED AND ADOPTED THIS day of , 2001.
Robert S. Huff, Mayor
I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a meeting of the City
Council of the City of Diamond Bar held on the day of , 2001 by
the following vote:
AYES: Council Members:
Noes: Council Members:
Absent: Council Members:
Abstain: Council Members:
Attest:
Lynda Burgess
City Clerk of the City of Diamond Bar
- - - �!,' spry -�-
0�e�
II
CALIFORNIA
August 7, 2001
Mr. Dave Doyle, Deputy City Manager
Citv of Diamond Bar
21'25 P. Copley Di
Diamond Bar, CA 91765
Dear 'Dave:
The CALIFORNIA JOINT POWERS INSURANCE AUTHOR[TY is pleased to present this
quotation to the City of Diamond Bar for the provision of workers' compensation
coverage. The City s initial primary deposit of $12,343 has been calculated based upon
the data you recently provided to us.
The CALIFOkNfA JPIA workers' compensation program handles all claims from the first
dollar without -deductibles. The cost allocation formula is similar to that used for the
liability program except members can select from among three retention levels: $10,000,
$2.5,000, or $50,000. Costs up to the selected retention level are charged directly to the
member's primary deposit. Costs above the selected retention level to $50,000 are
pooled based on the member's share of costs under the retention level. Costs from
$50,000 to $100;000 are pooled based on the member's share of costs under $50,000, and
costs from $1.00,000 to $500,000 are pooled based on payroll. Costs in excess of $500,000
are transferred to an excess insurance policy. Administrative expenses'are paid from
the AiTTIJORITY's investment earnings.
Applying the cost allocation formula used by the CALIFORNIA JPIA to the City's losses as
though it had been a member of the workers' compensation program during this time
period has generated the City of Diamond Bar's workers' compensation pro forma
quotation of $12,343. We determined the City's cost of coverage for each of the
coverage periods for which you provided data. The City's primary deposit amount was
then established by excluding the high and low years, and averaging the remaining
costs 'of coverage. This is the cost for the City participating at the $50,000. retention.
level', which is the most economical level for the City of Diamond Bar and typically for
our other members as well. The $10,000 and $25,000 retention'levels are also'available,
as shown on the attached Primary Deposit Calculation spreadsheet.
To compare the cost of coverage as a member of the CALIFORNIA JPIA's workers'
compensation program with coverage available through the commercial insurance
CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
8081 MOODY STREET LA PALMA, CA 90623 TEL (562) 467-8700 FAX (562) 860-4992
City of Diamond Sar
August 7, 2001
Page 2
market, it is very important to recognize all of the costs of risk management that are
included in the CALIFORNIA JPIA proposal. Our proposal includes all costs of claims
from the first dollar and covers all the details of handling claims. The CALIFORNIA JPIA
handles claims from their inception to closing: We pay the claims adjusters, hire the
attorneys as necessary, and pay the claims and benefits as appropriate. All of these
costs are included as part of the cost of coverage.
It is important to note that the primary deposit is only an estimate of the expected cost
of coverage for the coverage period. If the City applies effective risk management and
loss control techniques, it may receive a retrospective refund (primary deposit less the
City's share of losses and expenses). Should the City's loss experience be worse, the
City would owe additional funds to the workers' compensation pool.
Thank you again for considering the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY
for your workers' compensation coverage needs. I am looking forward to hearing from
you. Please feel free to call me or Executive Director, William Holt, if you have any
questions or need any further information.
Sincerel
Jonathan R. Shull, ARM
Assistant Executive Director
Attachment
cc: William Holt, Executive Director
Patricia France, Workers' Compensation Manager
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CITY COUNCIL
Agenda # 8
Meeting .Date 9 / 18 / 01
AGENDA REPORT
TO: Honorable Mayor and Members of.1he City Council
VIA: Linda C. Lowry, City Manage
TITLE: Approval of the new design for bus shelters, bus benches and trash containers for the
City's bus stops.
RECOMMENDATION: It is recommended that the City Council approve the design elements as
presented.
FINANCIAL IMPACT: There are no costs to the City related to the installation of new
components at the City's bus stops. All costs will be borne by Clear Channel Outdoor (formerly Eller
Media Co.)
BACKGROUND: The City of Diamond Bar has a seven year contract with Clear Channel Outdoor
(formerly Eller Media Co.) for the provision of shelters at bus stops throughout the City. Section 3 of
the contract requires the replacement of existing bus shelters and bus benches with new models.
The contract also requires the addition of trash containers at all of the bus stops in Diamond Bar.
At its meeting on May 1, 2001, the City Council established a sub -committee (Mayor Huff and
Council Member Ansari) to review styles of bus shelter components and to develop a
recommendation to the full City Council. Bus shelter catalogs were also distributed to all the Council
Members.
The sub -committee met on July 12 to tour bus shelters in the Cities of Westminster, Santa Ana, Brea
and Orange. Sub -committee members then met separately with staff on August 29 and 30 to discuss
details about the components and styles to recommend to the full City Council.
The proposed design elements listed below were presented to the full City Council and discussed at
a study session on September 4.
DISCUSSION: The proposed design elements recommended for installation at the City's bus
stops are:
1. Bus Stop Shelter — Model 17ALP — 17 foot long aluminum low peak roof with gables and
roof drain, two ad panels, recessed safety lighting, footing caps, address panel on roof
edge, city logo panels on each end of roof, powder coat color (Leaf Green RAL 6002),
floating rectangular perforated metal back panel with prairie highlights (mission style), and
with lighting powered by Edison.
ME
CITY OF DIAMOND BAR
FRANCHISE AGREEMENT FOR BUS SHELTERS
THIS AGREEMENT is made this 5h 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 benches without incurring 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 City. 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 Citv.
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 3% or more lower than they
should be, Franchisee shall pay costs of inspection.
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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 of the 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
Mn....u... WulelW111 0.11
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 work day 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 50% 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:
29;
A minimum of 15% of total advertising space from November 1 through February
3
— — — — — —r _, 1 —_,,_ �'MI'fltl!'ml1,C �"NII"YIfl�.�w�M.���—r�lY,.F j� , —,arillAr Fr,
A minimum of 10% of total advertising space from March 1 through April 30 and
September 1 through October 31;
A minimum of 5% 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 may be relocated only with City approval.
S. 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 which effectively 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
111111111, V7h
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 limit 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.
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 Ingegneri, 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, Vice -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
--
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 by way 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. Validitv: The invalidity in whole or in part of any provision of this
Agreement shall not void or affect the validity of any of the other provisions of this
Agreement:
17. Governine Law: This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
18. Entire Aereement: 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.
___......m_.....,...,M....m..,...........—,,.., „�.,-e�.�Mu„�,,�_�..�c�aai -111111
20. Attornev'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
,,,!
- �e,��,nr JIIY9hl'�i' 1Y"TNI I Y—�..�1� _.� .;�,— -n ,� , �_,.�- 'ib`y,,.�i,.. - _..,,yy�ni ��„i.�u
IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the
date -and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
of the State of California
Signed_,��,a ff 44,L 'd
Title
APPROVED TO F M
it ttomey
E.
ELLER MEDIA COMPANY
A California Corporation
Signed7l
Title l<r� t� 1
F
F; f
City Clerk
-- - I a -0' w'7111711'11"', – . 4.11..N,jri , I - ,...... -- ,-",F— � -.- ._.
Location:
1.
WB Diamond Bar
2.
WB Diamond Bar
3.
WB Diamond Bar
4.
WB Diamond Bar
5.
WB Diamond Bar
6.
WB Diamond Bar
7.
WB Diamond Bar
8.
WB Diamond Bar
9.
WB Diamond Bar
10.
WB Golden Springs
11.
WB Golden Springs
12.
EB Golden Springs
13.
EB Golden Springs
14.
EB Diamond Bar
15.
EB Diamond Bar
16.
EB Diamond Bar
17.
EB Diamond Bar
18,
EB Diamond Bar
19.
EB Diamond Bar
20.
EB Diamond Bar
21.
EB Diamond Bar
22.
WB Diamond Bar
23.
WB Diamond Bar
24.
EB Diamond Bar
EXHIBIT "A"
Shelter Locations
Brea Canyon
Fountain Springs
Grand Avenue
Golden Springs
Sav-On Entrance
Pomona Freeway
Sunset Crossing Road
Highland Valley Road
Temple Avenue
Grand Avenue
Brea Canyon Road
Brea Canyon Road
Grand Avenue
Golden Springs
K -Mart Entrance
Sunset Crossing Road
Highland Valley Road
Grand Avenue
Quail Summit
Brea Canyon Road
Silver Hawk
Tin Drive
Clear Creek Canyon Drive
Acacia Hill Road
x
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DILVIOND 1
CITY COUNCIL
Agenda # 9.1
Meeting Date: 9/18/01
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manag,4-
z�
TITLE: Approval of a City operated Table Tennis Program at Heritage Park Community Center
at a cost of $6,713.
RECOMMENDATION: It is recommended by the Parks and Recreation Commission that the City
Council approve the operation of the Table Tennis Program as proposed.
FINANCIAL IMPACT: The Table Tennis Program will require the purchase of three (3) table
tennis tables at a cost of $1,200 each for a total capital expenditure of $3,600. Personnel costs to
set-up and conduct the program as proposed will be $3,113 for the remainder of the current fiscal
year. Total program costs for the 2001/02 Fiscal Year are $6,713. These funds are available in the
current 2001/02 FY Recreation budget due to savings expected in the department part-time wages
budget allocation.
BACKGROUND: On May 3, 2001; the City of Diamond Bar received a letter from resident Simon
Cohen seeking the establishment of a table tennis program in the City. On May 24, the Parks and
Recreation Commission discussed the letter and the possibility of establishing a Table Tennis
Program. Approximately 25 residents attended the May 24 meeting to show their support of table
tennis in Diamond Bar. The residents indicated that there is extensive interest throughout the
community for table tennis and presented a petition with the names of 74 people who support the
establishment of such a program in Diamond Bar. They stated that they currently travel to Anaheim
and West Covina to participate in organized tennis table programs. The Parks and Recreation
Commission established an Ad -Hoc Committee to review the concept of a table tennis program in
Diamond Bar. The Ad Hoc Committee met on June 12 to research details of Table Tennis programs
and to review possible locations where such a program could be conducted. The Ad -Hoc Committee
presented the results of its research to the full Commission at its July 26 meeting. After additional
input from residents and discussion by the Commission, the matter was referred back to the, Ad Hoc
Committee for further review. The Ad Hoc Committee met again on August 16 to discuss location
possibilities, program details and cost ramifications of conducting a City operated Table Tennis
Program. Consideration for the establishment of a Table Tennis Program in Diamond Bar was then
discussed at the August 23 Parks and Recreation Commission meeting. After additional resident
input and Commission discussion, the Commission unanimously approved a recommendation for the
City Council to establish a table tennis program at Heritage Park Community Center and that all
related costs be borne by the City of Diamond Bar.
DISCUSSION: Details of the Table Tennis Program are presented in the attached program
proposal. In general, the program is planned to be conducted at Heritage Park Community Center on
Tuesday and Thursday evenings from 7:30 to 11:00 P.M. This time frame does not conflict with any
other uses of the facility. Three tables are proposed to be set up in the large Community Room. City
staff, with the assistance of program participants, will set-up, operate and clean up the program site
for each day's activity. Total cost to establish and operate this program as proposed for the remainder
of this fiscal year is $6,713.
Attachments:
1. Letter from Simon Cohen dated May 3, 2001 seeking a Table Tennis Program in Diamond Bar.
2. Minutes of May 24, 2001 Parks and Recreation Commission meeting.
3. Petition with the names of 74 people stating their support of Table Tennis in Diamond Bar.
4. Minutes of July 26, 2001 Parks and Recreation Commission meeting.
5. Minutes of August 23, 2001 Parks and Recreation Commission meeting.
6. Table Tennis Program proposal dated 9/12/01.
PREPARED BY: Gary A. Olivas, Recreation Superintendent
REVIEWED BY:
1 r
Bo ose
Director of Community Services
Ja DeStefanr
Deputy City Manager
Simon Cohen, P.E. * 23631 Gold Nugget Ave. f Diamond Bar • (A 91765
Phone/Fax: 909-861-2027 i E-mail: elaaan@aol.com
May 3, 2001
To: City of Diamond Bar
21660 E. Copley Drive, Suite 100
Diamond Bar, CA 91765-4177
Attention: Mr. Jeff Hull
Parks and Recreation Commissioner
Phone: (909) 396-5697
Fax: (909) 861-3117
Dear Mr. Hull,
It was pleasure meeting you last Sunday at City's Birthday party.
I am writing to ask for your help in establishing a playing site for Table Tennis Club in
Diamond Bar. With all the demands for playing space for basketball and other, better
known, sports, Table Tennis often get short changed. But there are several facts about this
sport that make it a better alternative for many people.
Table Tennis is a non -contact sport, and injuries are rare. It is a Life Sport, and is played
competitively by people aged 8 to 80, which certainly isn't true for football or baseball. You
can play Table Tennis year round, rain or shine. And it doesn't require an inordinate
amount of space, you can set up four tables in the space of one basketball court.
hz Table Tennis, men and women compete equally. The #4 player in the entire country is a
woman. Size is unimportant. In fact, the best players in the world tend to be about five feet
six inches tail, and weigh 140 pounds, which is why they don't stand out in a crowd.
Playing Table Tennis promotes socialization, eye -hand coordination and general fitness in
a low impact and injury -free environment. Equipment is low-cost and easily stored. The
skills learned give a lifetime of athletic outlet.
As you can tell, I love the sport. I believe it would be great for our community to have a
full-time Table Tennis club with regular weekly hours. I am willing to donate my time to
organize and lead this club.
Will you help me by allowing the use of City's available space? As suggested, I'll be coming
to the next Parks and Recreation Committee meeting to present my request to committee
members.
Sincerely,
Simon Cohen, P.E.
--
4.
MAY 24, 2001 PAGE 3 PARKS & REC COMMISSION
VC/St. Vant recomr
in ChO Hills. Trees
it andh.
jRd using the same t
needed as a barrier
trees as the Englishprings Park
m the park and re dences to set
AF
/Finnerty also commended installatin of a picnic shelter.
2.6 Capital I ovement Program ( .I.P.) - CSD/Rose
a. S amore Canyon Park dslide Repair - Work i rogress schedu d to be
omplete by next week
b. Peterson Park Drain Correction - Work to gin in the Sumrper.
C.
Sycamore Canyon k ADA Retro -fit - lind review,"
;r
2.7 City's 12`h Birthday P rty - Results of the City 'ouncil Subco/ea
ttee evalu, onmeeting of this event CSD/Rose reported on a success of thir's even The
13`x' Birthday Party' scheduled for April 21, 002. /
NEW BUSINESS:
4.2 Request from Mr. Simon Cohen for a facility site for a Table Tennis Club.
Mr. Cohen detailed his request. He presented a petition to the Commission.
Chair/Hull asked how many tables would be required and how large a facility is
desirable.
Mr. Cohen responded that with a minimum 3 tables that the Heritage Park location
could accommodate the club. Each table costs approximately $1,000. Paddles and
balls are usually provided by the players.
VC/St. Amant suggested that Mr. Cohen look into the possible use of a commercial
facility such as the vacant Ralphs location in the Country Hills Towne Center.
Mr. Cohen indicated that play usually takes place in the evening hours and on the
weekends between 5:00 or 6:00 p.m. to 8:00 or 9:00 p.m.
Chair/Hull asked Mr. Cohen to provide him with a list of table tennis rules.
Following discussion, Chair/Hull appointed C/Finnerty and C/Anis to serve on an ad-
hoc committee to consider Mr. Cohen's proposal.
4.1 Rep t on Soda chines in the 's Parks - Rep by CSD/Ro and
S ff rt
s that the Parks, d Recreation /ese
ssion rec ' e staff's r ort,
view info ation provided p, the Coca-Cola ntative recomm d the
ollowing the City Council
11111:111,1 11rr i 7„`�. F J
To: City of Diamond Bar Parks and Recreation Committee Date:
PETITION TO ALLOCATE FACILITY AND EQUIPMENT FOR DIAMOND BAR TABLE TENNIS CLUB
We, residents of Diamond Bar and vicinity, are ping-pong enthusiasts and would like
-to have our own, Diamond Bar -Table
Tennis- Club -Please allocate
suitable facility
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and equipment to host the club.
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To: City of Diamond Bar Parks and Recreation Committee Date: 4
PETITION TO ALLOCATE FACILITY AND EQUIPMENT FOR DIAMOND BAR TABLE TENNIS CLUB
We, residents of Diamond Bar and vicinity, are ping-pong enthusiasts and would like
to have our own, Diamond Bar Table Tennis Club. Please allocate suitable facility
and equipment to host the club.
JOZF-ON
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To: City of Diamond Bar Parks and Recreation Committee Date; 0
PETITION TO ALLOCATE FACILITY AND EQUIPMENT FOR DIAMOND BAR TABLE TENNIS CLUB
We, residents of Diamond Bar and vicinity, are ping-pong enthusiasts and would like
to have our own, Diamond Bar Table Tennis Club. Please allocate suitable facility
and equipment to host the club.
First and last name Address City Phone
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...... .. ...
To: City of Diamond Bar Parks and Recreation Committee
PETITION TO ALLOCATE FACILITY AND EQUIPMENT FOR DIAMOND BAR TABLE TENNIS CLUB
Date: 4 -Z 4/2-0, 1
We, residents of Diamond Bar and vicinity, are ping-pong enthusiasts and would like
to have our own, Diamond Bar Table Tennis Club. Please allocate suitable facility
and equipment to host the club.
First and last name Address City Phone
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To:
II,
To: City of Diamond Bar Parks and Recreation Committee Date:
PETITION TO ALLOCATE FACILITY AND EQUIPMENT FOR DIAMOND BAR TABLE TENNIS CLUB
We, residents of Diamond Bar and vicinity, are ping-pong enthusiasts and would like
to have our own, Diamond Bar Table Tennis Club. Please allocate suitable facility
and equipment to host the club.
First and last mune Address City Phones- i�
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to
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Page:
JULY 26, 2001 PAGE 3 PARKS & REC COMMISSION
Co uni enior Cent Design Proce s
t a-sp ial July 17 m eting/th unc'l dis s/d
ed the iginal
cost timate as co pared costs a result des'cha es, square f�tage in site igation. a projtw originally esmated to lion Ilars. Th projec as
rrently config • ed is estimab t 10 millio dollars City
ouncil will h d a followui on Tues ay, Jul 31
further cons', er this project.
3. OLD BUSINESS:
4. NEW BUSINESS:
4.2 Proposed Table Tennis Program - Establish a site location and determine
all costs involved in conducting a Table Tennis Program in the City of
Diamond Bar.
RS/Olivas presented staff's report. Staff recommends that the Parks &
Recreation Commission recommend the Table Tennis Program location at
the Diamond Point Swim & Racquet Club and recommend the financial
expenditures to conduct the program.
Simon Cohen, a 21 year resident, loves table tennis. He feels that two tables
will not be adequate to serve the public interest. In addition, the Diamond
Point Swim & Racquet Club is small and dark and the floor is sticky. He
prefers the Heritage Park Community Center because the facility is capable
of handling three or four tables, it is well -lighted and it has time available. He
recommended purchase of the "Stiga" table which is well -constructed and is
customarily used in tournament play.
Caesar Wu, a six year resident, spoke about the status of table tennis in the
sports world. West Covina has six tables available at their senior center;
Alhambra has six tables at an indoor basketball facility; Orange Coast
College has 14 tables available on Friday nights from 6:00 p.m. to 10:00 p.m.
and Sunday afternoon from 4:00 p.m. to 8:00 p.m.; City of Santa Monica has
14 tables which are available on Friday nights from 6:00 p.m. to 10:00 p.m.
and Sunday afternoon from 4:00 p.m. to 8:00 p.m. These facilities are
always full with additional people waiting. There are often 30 people waiting
to use the tables in West Covina. With respect to expenses, if clubs are
formed using USTTA designations, sponsors can be found to partially pay
the costs. Manufacturers of tables will contribute tables to official clubs.
There are several companies that offer tables at substantial discounts for
club play. In order to register a club, a facility, schedule and club name is
necessary. Mr. Wu stated that table tennis is the #2 most popular sport in
the world. Adequate lighting is essential; background is very important;
height is important and the size of the:, room is important for open play as well
as, tournament play. Local gymnasiums, senior centers and parks are good
.,.........
JULY 26, 2001 PAGE 4 PARKS & REC COMMISSION
locations.
VC/St. Amant suggested the Alpha Beta location in the Country Hills Towne
Center.
C/Finnerty suggested the large vacant space at the west end of the center.
CSD/Rose pointed out that space in the Country Hills Towne Center requires
tenant improvement and triple net lease costs.
C/Torres volunteered that there may be space - in the Government
Center/SCAQMD Building.
Mr. Wu stated that the best time to schedule play is from 7:00 p.m. to 10:00
p.m. In general, five tables could accommodate approximately 30 players
during a four hour period.
Sue Schwaben said she discovered table tennis two years ago. She pays
a $5.00 non-resident fee to a facility in Anaheim where she plays two nights
a week. The facility is open for four hours and has 10 tables which require
double play (four people) per table. She occasionally plays in West Covina.
She would prefer to play in Diamond Bar. She asked the Commission to
take its time in reaching a decision about a table tennis program. She does
not understand how facilities in adjacent communities can operate without
charging participants.
C/Finnerty moved, VC/St. Amant seconded, to refer this matter back to the
ad hoc committee for further consideration. Motion carried by the following
Roll Call vote:
AYES: COMMISSIONERS: Anis, Finnerty, Torres, VC/St. Amant
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Chair/Hull
g Prop d Extension Ball Field ght Use at P ntera Par - Due to Pie
i plan d closure of terson Park Ilfields for re vation, re eation st is
se ing the exte on of ball fie light use at P tera Park I er the fol wing
edule:
r
1. Lig on until 9:0 m. every day cept We esdays
2. Wednesdays: L' t use until 10:0 , p.m.
3. . evised lighti schedule to be n place u, it work is c�ompletat
eterson P , or December , 2001, whichever is earlier.
V ' /St. Amant ved, C/Finnerty h conded, to recommend that the 'lanni
ommissio pprove extended ball field�ght use fao Panter Par as
described. otion carried by e fol7None
Roll Call vote:
AYES: COMMISSIO RS:Anis, Finn , Torres, /St... m fitNOES: COMMISSI ERS:
I11 �111l1i'I II"Ilfhl7 — "h_,.,,".w.1,r,-.rila.I.,.,,..,r=gyp ��»n�ltir , ,>.,, , ,r,, ,i
AUGUST 23, 2001 PAGE 3 PARKS & REC COMMISSION
f4
Q
Chair/Hull asked if his comments regarding the Riparian Habitat at Sycamore
V
Canyon Park had been communicated to Council. CSD/Rose responded
Y p
that Council Members have repeatedly requested that some action be taken.
CM/Lowry recently issued an edict that the matter needs to be taken care
of expeditiously.
C/Finnerty asked if staff has pursued basketball rounds on smaller parks.
CSD/Rose said he believes that putting basketball onto mini -parks in
residential neighborhoods will drastically change the characteristic of the
mini -park. Staff has not moved forward on this issue.
3. OLD BUSINESS:
3.1
3.2
Proposed Table Tennis Program. — Report by CS/Olivas.
CSD/Rose stated that in order to run the program for the balance of the year
beginning October 9, staffing would cost $3,000, table $3,600 for a total of
approximately $6,600 through June 30, 2002.
VC/St. Amant asked if staff considered charging a fee to make this program
self-sustaining. CS/Olivas responded that membership clubs charge fees.
However, city -owned facilities such as the one in West Covina are free. The
Ad -Hoc Committee discussed offering contract classes for table tennis.
There was no one present who wished to speak on this matter.
C/Finnerty moved, C/Anis seconded to recommend to the City Council that
the Table Tennis Program commence on October 9, 2001, with the Council
approving funding on an as -needed basis. Motion carried by the following
Roll Call vote:
AYES: COMMISSIONERS -
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Anis, Finnerty, Torres, VC/St.
Amant, Chair/Hull
None
None
Discussion of Youth Sports Programs/Non Profit Sports Program:
Chair/Hull said he would like to serve on an ad-hoc committee. Adverse
events occurring at sports events necessitate action with respect to training
for coaches and parents. Due to the seriousness of this matter, it would be
advisable to involve community members and board members from other
sports organization.
VC/St. Amant and C/Torres volunteered to serve on the ad-hoc committee.
rri in, ,i�,n,- rrr, 1,r irni iniii� -- — — �
CITY OF DIAMOND BAR
Recreation Program Proposal
Division Number.and Title: Table Tennis Program General Fund $6,713.00
Prepared by: Gary A. Olivas
Date: 12 -Sep -01
Description and Justification
As proposed, the Table Tennis Program will be conducted at Heritage Park Community Center
on Tuesday and Thursday evenings from 7:30 to 11:00 p.m. Three tables will be set up in the
large room of the community center by staff and program participants. Players will provide their
own paddles and balls. No fee is proposed to be charged for players to participate. Rules of
Operation are as follows: (1) Player may challenge any player on a first -come -first -serve basis
by placing their paddle at the table they wish to play on. (2) Two out of three games constitutes
a match, which determines a winner. (3) Winner may remain playing one additional match.
City staff will be assigned to supervise the program and will be assisted by program
participants. There are no table tennis programs now offered within the City of Diamond Bar.
Currently, residents travel as far away as Anaheim and West Covina to participate in an
organized table tennis program.
Fiscal Impact Summary
Description
Salaries/Benefits 3,113
Personnel (40030) 2,735
(1) Rec. Ldr. II @ 9.24 per hr.
4 hrs/night X 2 nights/wk X 37 weeks = 296 hrs
296 hrs X $9.24/hr = $2,735
(October 16, 2001 - June 27, 2002)
Personnel Services (4000) 378
Wkrs Comp (40083) @ 6.16% 168
Medicare (40085) @ 1.45% 40
S.S. (40085) @ 6.2% 170
Capital Outlay 3,600
Three (3) Table Tennis Tables @ 1,200 ea.
(includes tax and shipping)
Total 61713
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