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HomeMy WebLinkAbout06/18/2002Tuesday, June 18, 2002 5:00 p.m. — Study Session CC -8 6:30 p.m. — Regular Meeting South Coast Air Quality Management District/Government Center Main Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Mayor Wen P. Chang r Mayor Pro Tem Debby O'Connor Council Member Carol Herrera Council Member Bob Huff Council Member Bob Zirbes 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. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COMMISSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings ofthe Diamond Bar City Council are open to the public. A member ofthe public may address the Council on the subject of one or more Agenda item ad/or other ham of unarm which are within the subject matter jueisdidion ofthe Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clerk. As a general rule the opportunity for public oo®aents will take place at the discretion ofthe Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business ofthe Council. Individuals are roque" to refrain from persona] attacks towards Council Members or other citizens. Comments which are not conducive to a positive business meeting enviruwtmertt are viewed as auacks against the entire City Council and will not be tolerated Your cooperation a greatly appreciated In scoordaece with Gavenunent Code Section 34954.3(x) the Clair may from time to time dispense with public oormnent on iters previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brom Act), all matters to be acted on by the City Council must be posted ai least 72 hours prior to the Council meeting- In case of emergency, or when a subject trauef arises subsequent to the posting ofthe agenda, upon making certain findings the Council may Act on an item that is not on the pasted agenda CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following ads in respect to a regular or special meeting ofthe Diamond Bar City Council. A Disorderly behavior toward the Council at any member ofthe staff thereof, tending to interrupt the due and orderly course of said meeting. 9. A breach ofthe peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order ofthe Chau, which shall include an order to be seated or to refrain from addressing the Board, and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meatinga aro prepared by the City Clerk and am available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting ofthe City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility imliairtments who cannot access the public speaking arca. Signs language interpreter services are also available by giving notice at least three business days in advance ofthe mating. Please telephone (909) 860.2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules ofthe Council, Cassette Tapes of Meetings (909) 860.2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 1 2. 3 THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 17, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 6:30 P.M. ON CHANNEL 17. CITY OF DIAMOND BAR CITY COUNCIL AGENDA June 18, 2002 STUDY SESSION: 5:00 p.m., AQMD/Government Center Room CC -8 ak Budget (See Agenda Item 8.1) * California Literacy and Library Construction Bond Act Study Session CLOSED SESSION: None CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Ahmad H. Sakr, Ph.D, Islamic Education Center ROLL CALL: Council Members Herrera, Huff, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation to Robert "Bob" Sassaman upon his retirement after 40 years of service to the State of California Department of Transportation. 1.2 Presentation to Deputy Greg Stegner for Life -Saving Work in the Fight Against Drunk Driving. 1.3 Presentation to Chaparral Middle School, represented by Jan Keating, Principal, for being named a National Blue Ribbon School. 1.4 Presentation by Greg Rochford, Band Director, Chaparral Middle School, regarding the school's concert at Carnegie Hall. 1.5 BUSINESS OF THE MONTH: Presentation of City Tile to Carrie Krauser, General Manager, Chuck E Cheese. CITY MANAGER REPORTS AND RECOMMENDATIONS: PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly JUNE 18, 2002 5 101 PAGE 2 address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary. There is a five-minute maximum time limit when addressing the City Council. 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. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION MEETING — June 25, 2002 — 7:00 p.m., AQMDIGovernment Center, 21825 E. Copley Dr. 5.2 COMMUNITY FOUNDATION MEETING — June 20, 2002 — 7:00 p.m., Room CC -8, AQMDIGovernment Center, 21825 E. Copley Dr. 5.3 PARKS AND RECREATION COMMISSION MEETING — June 27, 2002 — 7:00 p.m., AQMD/Government Center, 21825 E. Copley Dr. 5.4 PUBLIC SAFETY COMMITTEE MEETING — July 1, 2002 — 7:00 p.m., Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut 5.5 CITY COUNCIL MEETING — July 2, 2002 — 6:30 p.m., AQMDIGovernment Center, 21825 E. Copley Dr. 5.6 JULY 4T" HOLIDAY - City Offices will be closed, Thursday, July 4, 2002 in observance of the Holiday. City Offices will re -open Friday, July 5, 2002. 5.7 FOURTH OF JULY BLAST AND FIREWORKS SHOW — Thursday, July 4, 2002 - 6.30 p.m. to 9:30 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.8 CONCERT IN THE PARK - July 10, 2002 - 6:30 p.m. to 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES - Study Session of June 4, 2002 — Approve as submitted. Requested by. City Clerk 6.2 PLANNING COMMISSION MINUTES -- Regular Meeting of May 14, 2002 - Receive and file. JUNE 18, 2002 PAGE 3 Requested by: Planning Division 6.3 APPROVE VOUCHER REGISTER - Approve Voucher Register dated June 18, 2002 in the amount of $669,882.22. Requested by: Finance Division 6.4 REJECT CLAIM - Filed by Mark & Toni Arreola on April 12, 2002. Recommended Action: Approve rejection of the Claim for Damages. Requested by: City Clerk 6.5 BOND RELEASES: 6.5.1 EXONERATION OF GRADING BOND FOR 1315 S. VALLEY VISTA DRIVE IN THE AMOUNT OF $22,000 FOR LOT 5 OF TRACT 39579 (V-TEK SYSTEMS) Recommended Action: Exonerate Bond. 6.5.2 EXONERATION OF GRADING BOND FOR 23300 E. GOLDEN SPRINGS DRIVE IN THE AMOUNT OF $3,708 (MT. CALVARY LUTHERAN CHURCH AND SCHOOL) Recommended Action: Exonerate Bond. Requested by: Public Works Division 6.6 SUBMITTAL OF REVISED FINANCIAL IMPACT REPORT FOR LANDSCAPE IMPROVEMENT PROJECT ALONG GOLDEN SPRINGS DRIVE AND ON SUNSET CROSSING ROAD, STATING A FINAL TOTAL COST OF $269,925.55 INSTEAD OF $276,184.45. Recommended Action: Receive and file. Requested by: Community Services Division 6.7 APPROVE AMENDMENT TO CONTRACT WITH GONZALEZ/GOODALE ARCHITECTS FOR ADDITIONAL DESIGN SERVICES ASSOCIATED WITH THE COMMUNITY/SENIOR CENTER IN THE AMOUNT OF $24,500. Recommended Action: Approve amendment. Requested by: City Manager 6.8 AWARD CONTRACT TO PAVEMENT COATINGS CO. FOR AREA 4 SLURRY SEAL PROJECT IN THE AMOUNT OF $323,797.55 AND JUNE 18, 2002 PAGE 4 AUTHORIZE A CONTINGENCY OF $30,000 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $353,797.55. Recommended Action: Award contract and authorize contingency. Requested by: Public Works Division 6.9 AWARD CONTRACT TO MANHOLE ADJUSTING CONTRACTORS, INC. FOR AREA 4 ASPHALT RUBBER AND AGGREGATE MEMBRANE (ARAM) OVERLAY PROJECT IN THE AMOUNT of $249,504.99 AND AUTHORIZE A CONTINGENCY AMOUNT OF $25,000 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $274,504.99. Recommended Action: Award contract and authorize contingency. Requested by: Public Works Division 6.10 AWARD A FIVE-YEAR CONTRACT WITH SAFEWAY SIGN CO. FOR MANUFACTURE AND INSTALLATION OF AREA 4 RESIDENTIAL STREET NAME SIGNS IN THE AMOUNT OF $40,000. Recommended Action: Award contract. Requested by: Public Works Division 6.11 ADOPT RESOLUTION NO. 2002-44 APPROVING FINAL PARCEL MAP NO. 26235 FOR THE SUBDIVISION OF A 5.5 -ACRE SITE INTO THREE (3) SINGLE FAMILY PARCELS ON THE SOUTHWESTERLY SIDE OF OAK KNOLL DRIVE. Recommended Action: Adopt Resolution. Requested by: Public Works Division 6.12 ADOPT RESOLUTION NO. 2002-45 AUTHORIZING LITIGATION CHALLENGING THE TRASH TOTAL MAXIMUM DAILY LOAD (TMDL) FOR THE LOS ANGELES RIVER. Recommended Action: Adopt Resolution. Requested by: Public Works Division 6.13 APPROVE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE STATE REQUIRING THE USE OF OLD BREA CANYON ROAD FOR CALTRANS' PROPOSED STATE ROUTE 57/60 WEAVE IMPROVEMENT JUNE 18, 2002 PAGE 5 PROJECT AND HIGH OCCUPANCY VEHICLE LANE CONNECTOR PROJECT. Recommended Action: Approve MOU. Requested by: Public Works Division 6.14 EXTEND CONTRACT SERVICES AGREEMENT WITH SOUTHLAND SPORTS OFFICIALS FOR THE 2002103 FY IN AN AMOUNT NOT TO EXCEED $30,000, WHICH INCLUDES A $3.00 PER GAME INCREASE FOR ADULT SOFTBALL OFFICIALS. Recommended Action: Extend contract. Requested by: Community Services Division 6.15 a) INCREASE CONTRACT WITH TENNIS ANYONE FOR RECREATIONAL TENNIS INSTRUCTION FOR THE 2001102 FISCAL YEAR FROM $40,000 TO $45,000. Recommended Action: Increase contract amount. b) APPROVE CONTRACT WITH TENNIS ANYONE FOR RECREATIONAL TENNIS CLASSES FOR THE 2002103 FISCAL YEAR IN THE AMOUNT OF $45,000. Recommended Action: Approve contract. Requested by: Community Services Division 6.16 ADOPT RESOLUTION NO. 2002-46 REAFFIRMING THE CITY'S COMMITMENT TO REMAIN VIGILANT REGARDING THE LANTERMAN FORENSIC EXPANSION PROJECT. Recommended Action: Adopt Resolution. Requested by: City Council Lanterman Subcommittee 6.17 APPROVAL OF A COMMENT LETTER TO ORANGE COUNTY REGARDING THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE NUEVO ENERGYITONNER HILLS PROJECT IN BREA Recommended Action: Approve the draft comment letter concepts and authorize the Mayor to execute the letter. Requested by: Community and Development Services 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard JUNE 18, 2002 PAGE 6 7.1 PUBLIC HEARINGS - LANDSCAPE ASSESSMENT DISTRICTS 38, 39 AND 41. 7.1.1 ADOPT RESOLUTION NO. 2002-47 LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 38. Recommended Action: Adopt Resolution. 7.1.2 ADOPT RESOLUTION NO. 2002-48 LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 39. Recommended Action: Adopt Resolution. 7.1.3 ADOPT RESOLUTION NO. 2002-49 LEVYING AN ASSESSMENT ON LANDSCAPING ASSESSMENT DISTRICT NO. 41. Recommended Action: Adopt Resolution. Requested by: Public Works Division 8. COUNCIL CONSIDERATION: 8.1 a) ADOPT RESOLUTION NO. 2002-50 APPROVING THE FISCAL YEAR 2002-03 MUNICIPAL BUDGET. Recommended Action: Approve Budget and adopt Resolution. Requested by: Finance Director b) (1) ADOPT RESOLUTION NO. 2002-51 SETTING FORTH PERSONNEL RULES AND REGULATIONS. Recommended Action: Adopt Resolution. (2) ADOPT RESOLUTION NO. 2002-52 ESTABLISHING SALARY RANGES AND RATES FOR ALL CLASSES OF EMPLOYMENT. Recommended Action: Adopt Resolution. Requested by. City Manager 8.2 APPROVE RENEWAL OF DIAMOND BAR CHAMBER OF COMMERCE ANNUAL AGREEMENT IN THE AMOUNT OF $24,000. Recommended Action: Approve the contract and direct the City Manager to execute the agreement. JUNE 18, 2002 PAGE 7 Requested by: City Council Chamber of Commerce Subcommittee 8.3 ADOPT SPEED HUMP POLICY. Recommended Action: Adopt policy. Requested by: Public Works Division 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Wen P. Chang Mayor Deborah H. O'Connor Mayor Pro Tem Carol Herrera Council Member Robert S. Huff Council Member Robert P. Zirbes Councif Member Recvded paper June 14, 2002 City of Diamond Bar 21825 E. Copley Drive - Diamond Bar, CA 917654178 Ahmad H. Sakr, Ph.D Islamic Education Center 659 Brea Canyon Rd., Suite #2 Walnut, CA 91789 Dear Dr. Sakr: (909) 860-2489 - Fax (909) 861-3117 www. CityofDiamondBar,com This is to confirm your agreement to provide the invocation at the Diamond Bar City Council Meeting on Tuesday, June 18, 2002 at 6:30 p.m. The meeting will be held in the SCAQMD/Govemment Center Auditorium located at 21865 E. Copley Drive, Diamond Bar. Please be aware that, pursuant to a recent court ruling, sectarian prayer as part of City Council meetings is not permitted under the United States Constitution pertaining to the separation of church and state. Also, please note the three to five (3-5) minute time limit on Invocations. It is a pleasure to have representation from various churches within Diamond Bar participate at our City Council Meetings. Although the City Council appreciates the gifts that you have provided the City in the past, it is felt that your taking time out of your busy schedule to share with us is more than enough. Sincerely, Lynda Burgess, MMC City Clerk LB/tc Wen P. Chang Mayor Deborah H. O'Connor Mayor Pro Tem Carol Herrera Council Member Robert S. Huff Council Member Robert P. Zirbes Council Member R,—led pope, May 17, 2002 City of Diamond Bar 21825 E. Copley Drive • Diamond Bar, CA 91765-4178 (909) 860-2489 • Fax (909) 861-3117 www.CityofDiamondBar.com Robert "Bob" Sassaman, Director State of California Department of Transportation District 7 120 South Spring Street Los Angeles, CA 90012 Dear Mr. Sassaman: This is to reaffirm your attendance at the City Council meeting on Tuesday, June 18, 2002. The meeting is held at 6:30 p.m. at the Air Quality Management District (AQMD) Headquarters Auditorium, 21865 E. Copley Drive, Diamond Bar. It will be at that time that the Diamond Bar City Council will make a special presentation honoring your 40f years of service with CalTrans. I look forward to seeing you. Sincerely, Wen P. Chang Mayor rte' WPC:nbw c: City Council City Clerk VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:Ct ,/�' DATE:��' ADDRESS: _ `7 7 �r%�//`r PHONE:�� ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: PHONE: ORGANIZATION: r VM AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:�� l�"'�� DAT - a ADDRESS: , y Z�'PH-ONEA,/4/2-- ORGANIZATION: AGENDA #/SUBJ T: Z' IV I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK J FROM: I ! l PP f} SDN DATE: 6 -19-40 a ADDRESS: 1, 1 `� S= �! PHONE: I e5y ORGANIZATION: AGENDA #/SUBJECT: P indsC /W I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK )1C2 DATE: . L�;� - VPHONE& C_t1� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature 0 TO FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK CZ72J-5 ORGANIZATION: �J , AGENDA #/SUBJECT: DATE: f K 0 2 - PHONEX / — 6 U I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: G C`. �`v DATE: 6,h -91.2 o00, ADDRESS: P -W PHONE: ORGANIZATION: AGENDA #/SUBJECT: 3 —µ—� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE:' 2�26�a PHONE:G,�� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sign ture— W Agenda # stujdy 42 _ Meeting Date: -June 18, 2002 CITY COUNCIL h R,�F� AGENDA REPORT TO: Honorable Mayor and Member the City Council VIA: Linda C. Lowry, City Manage4,1 J TITLE: California Literacy and Library Construction Bond Act Study Session RECOMMENDATION: It is recommended that the City Council discuss issues associated with the submission of a California Literacy and Library Construction Bond Act (Bond Act) application and provide direction to staff on the proposed budget decision package for the following services: • Conduct a survey of registered voters to gauge community support to pay for the operating costs of a new library • Hire library service expert to complete the Bond Act application requirements as outlined in the attached feasibility analysis report provided by Dubberly & Associates, Inc. • Complete drawings and other design services required for Bond Act application. FINANCIAL IMPACT: If the Council directs staff to secure all services outlined above, the cost will be $150,000. The long range financial implications of operating the library is dependent upon which entity the City selects to operate the library. According to the County of Los Angeles, the City will be required to pay an additional $1 million per year for the County to operate the library or a total operating cost of $2 million dollars. The FY 1998-99 operating budget for the existing library and the operating budget for the proposed library are attached. If the City elects to utilize the services of LSSI, a private library services provider, the City would be required to pay an additional $450,000 or a total of $1.45 million annually ($1.2 million plus utilities & maintenance). City residents pay approximately $1 million directly to the LA County Library District to fund the current library services. Existing legislation does allow the City to withdraw from the Library District and retain these funds to pay for library services from another provider. F BACKGROUND: In March 2002 the City contracted with Dubberly & Associates to conduct a feasibility analysis to determine if the City could prepare a complete Bond Act application prior to the first funding cycle submission deadline of June 14m or if the City will have to wait until the second or third funding cycle. The 2"d and 3`d funding cycle deadlines are March 28, 2003 and January 16, 2004, respectively. Dubberly & Associates completed their analysis and, as was communicated to the City Council previously, found there was not enough time to complete an application before the first funding cycle deadline. The attached written report provided by Dubberly & Associates outlines the components that stili need to be completed to prepare a Bond Act application including the following: • Preparation of a joint use agreement with one or more school districts • Completion of a community Library Needs Assessment • Development of a Library Service Plan • Development of Library Building Program Components A checklist provided by the State Librarian's Office is attached for informational purposes to show the complexity of the application process. DISCUSSION: Since the Bond Act requires the agency that will operate the library approve and sign the application, the City can not proceed with submitting an application until the decision of who will operate the library is made. The Bond Act specifically states that the applicant must be authorized to operate a library. Since library services are currently provided by the LA County Library District, the City is not authorized as a library service provider. The City would be required to adopt an ordinance so that it would be an authorized library service provider. The first question that must be answered in the application process is, who will operate the library and how will the City pay for it? OPERATING ISSUES Operating costs are NOT eligible for Bond Act funding. The City will have to absorb a portion, or all, of the increased annual operating expenses. Each year Diamond Bar residents pay the County approximately $1 million for library services through a Library Service District assessment on their property taxes. According to the County, it costs approximately $1 million annually to staff and operate the existing library. The County has indicated that it will cost $2 million to operate the proposed library and the County cannot support the additional operating expenses. The County would require the City to pay an additional $1 million annually to supplement the library services assessment paid by Diamond Bar residents to pay for the increased operating costs. The County's cost of $2 million includes all personnel, circulation system, interior maintenance and utility costs. The City's annual revenues are not sufficient without altering other levels of service to support the additional expense. One possible alternative to the County's requirement for an additional $1 million is for the City to assume responsibility for operating the library. This can be accomplished by utilizing either full time City staff (not recommended) or by contracting with an independent library services agency such as LSSI. LSSI currently operates libraries in several jurisdictions including the City of Riverside library and the City of Calabasas Public Library. LSSI believes it can operate the library at a cost of $1.2 million (see attached letter). However, if the City were to utilize a company like LSSI there would be additional costs related to the purchase of a new collection ($3 million) the purchase of an automated library circulation system ($200,000) and annual utility and maintenance costs ($250,000 - $300,000). ANNUAL. EXPENSES COUNTY LSSI Operational Costs $2,000,000 $1,200,000 Utility Costs $0 $ 250,000 TOTAL ANNUAL $2,000,000 $1,450,000 ONE TIME COSTS Collection* $1,435,000 $3,000,000 Circulation System $0 $ 200,000 TOTAL ONE TIME $1,435,000 $3,200,000 Regardless of which entity operates the library, the City will be required to purchase additional collection materials. Remaining with the County will require the City to supplement the existing collection at a cost of $36 per item. Utilizing LSSI for services will require the purchase of an entire new collection 150,000 volumes at $20 per item. None of the above costs are eligible for funding through the Bond Act. As shown above, regardless of which entity operates the library, the City will incur additional expenses beyond available resources. In order to determine if the City can finance the operation of a new expanded library, the City should first conduct a scientifically valid survey to gauge the level of support in the community. Then, if there is sufficient support, the City should hire a library service expert to assist in the preparation of the Bond Act application. Attachments 1. Feasibility analysis from Dubberly & Associates 2. Estimated Operating Costs from LA County for proposed facility 3. 1998-99 Operating Costs from LA County for existing facility 4. Letter from LSSI regarding operating costs for proposed library. 5. Check list for Bond Act application PREPARED BY: W, Deputy ity Manager CITY OF DIAMOND BAR LIBRARY BONE) AcT APPLICATION 1. REPQRT A. SUMMARY FEASIBILITY ANALYSIS 1. REPORT The City of Diamond Bar contracted with Dubberly Associates to produce a feasibility study to determine whether it was possible for the City to complete by June 14, 2002 all the documents required to apply for a grant under the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000. It is the conclusion of Dubberly Associates that it is not possible for the City to complete an application by June 14th, and that the City would be better served to focus its efforts on submitting a quality application by the March 28, 2003 deadline as part of the second round of funding. B. BACKGROUND The California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 (henceforth referred to as the Bond Act) will provide $350 million for the construction, expansion or remodeling of public libraries. Applications are being accepted during three grant cycles with filing deadlines of June 14, 2002, March 28, 2003 and January 16, 2004. The grant awards will be based on a competitive process. The State Library recently estimated that it would receive applications for projects totaling $1.2 billion. If this estimate is accurate, then only one project in four will be funded. Additional background on the Bond Act can be found in the City Council Agenda Report submitted to the Mayor and City Council on March 5, 2002 by Linda C. Lowry, City Manager. That report also identified three key decisions that the City will need to make prior to the submittal of a grant application. Those questions were 1. Which application period? 2. First priority/Second priority? 3. Who will operate the facility — How do we pay for it? The scope of this feasibility study concentrated on the subject of question one (Which application period?). However, it was impossible to address question one without considering some aspects of questions two and three. Thus the consultants also considered some of the issues associated with a possible joint venture with one or Anxim MARCH 29, 2002 DUBBERLY AssoCIATEs, INC. ATLANTA, GEORGIA PACE 1 CITY OF DIAMOND BAR LIBRARY BOND ACT APPLICATION FEASIBILITY ANALYSIS I. REPORT more school districts Qoint venture projects have been designated first priority in the Bond Act) as well as the issue of whether the library will be operated by the County Library or by the City as an independent library (Question three). The consultants began the feasibility study by reviewing general information on Diamond Bar and documentation on its Civic Center project. These documents provided by the City gave an excellent overview of the context in which the library project will occur. On March 11 th, consultant June Garcia made an on-site visit to Diamond Bar to meet with Deputy City Manager David Doyle and others who will be involved in the City's effort to submit a grant application. Meetings were held with the following individuals and groups. Bob Rose (Director of Community Services) and other City staff It was determined that the City would be able to easily provide most of the information concerning the site and the site selection process that is required by the application. City staff also indicated that they would be able to provide the demographic information required. Mark Maine (Pomona School District) and with Linda Carefoot (Walnut Valley Unified School District) Both were very supportive of the City's intention to apply for grant funds to construct a new library in Diamond Bar. Although neither could speak for their respective school districts, they offered to facilitate further discussions between the City and their school districts. Since the Bond Act requires a 20 year commitment from the School District to providing joint use library service, the decision to submit a joint venture application will require substantive discussions with one or both school districts before any party can make a decision with such long term fiscal implications. Kathleen Newe (Friends of the Library) Ms. Newe was very excited about the prospect of a new library. She shared information about the Friends of the Library, including their fund raising efforts on behalf of the library. Ms Newe stated that the Friends would do what ever they could to support the City's grant application. MARCH 29, 2002 DUBBERLY AssOCIATES, INC. ATLANTA, GEORGIA PAGE 2 ATTACHMENT / CITY OF DIAMOND BAR LIBRARY BOND ACC APPLICATION FEASIBILITY ANALYSIS Staff of the County of Los Angeles Public Library (Conference call) 1. DEPORT David Doyle briefed them on the City's decision to conduct a feasibility study to determine if it was possible to submit a first round grant application. During that call, County Library staff indicated their willingness to meet with Ms. Garcia later in the week during the Public Library Association conference in Phoenix, Arizona. City Attorney (Conference call) Several questions related to the grant process were discussed. On Thursday March 14, 2002, Ms Garcia met in Phoenix with five representatives of the County of Los Angeles Public Library. Attending the meeting representing the County Library were Margaret Todd (County Librarian), Wendy Romano (Assistant Director — Public Services), David Flint (Assistant Director — Finance and Planning), Luis Adan (Capital Projects Manager) and Robert Seal (Facilities Planning and Development). The County library staff indicated their willingness to provide requested information and to assist the City in the preparation of a grant application. The County library staff pointed out that the County would be submitting its own grant applications, and these applications would receive priority treatment when the library was allocating limited resources. The group described the review and approval process that would need to be observed to secure County endorsement for the submittal of the grant application. They estimated that the review and approval process would take a minimum of two months, and probably much closer to three. C. DISCUSSION After participating in the meetings described above and examining the documents provided by the City, the consultants carefully reviewed the Bond Act and its associated Appendices that indicated what information must be submitted as part of the Application. Specifically, the consultants reviewed: • Application Form — Bond Act Appendix 1 • Required Elements for joint Use Cooperative Agreements -Bond Act Appendix 2 MARCH 29, 2002 DunERLY AssociATEs, INC. ATLANTA, GEORGIA PAGE 3 ATTACHMENT I CITY OF DIAMOND BAR FEASIBILITY ANALYSIS ~ LIBRARY BOND ACT APPLICATION I. REPORT • Community Library Needs Assessment Components - Bond Act Appendix 3 • Library Plan of Service - Bond Act Appendix 4 • Library Building Program Components — Appendix 5 1. PROCESS GUIDES PREPARED .FOR BOND ACT APPLICATION For each of the data elements required in each of the Appendices, the consultants identified the parties responsible for providing the application information, and recommended which party or parties should be designated the "lead" and which parties should be considered as "support" in providing application information. The consultants also indicated the current status of the information, such as whether or not it is readily available, has not yet been collected, or has not yet been determined. During this process, it became readily apparent that the answers varied depending on whether or not the City decides to remain part of the County of Los Angeles Public Library system. Consequently, the consultants produced two sets of attachments, one set based on the assumption that Diamond Bar is a part of the County of Los Angeles Public Library system and another set based on the assumption that Diamond Bar is not a part of the County of Los Angeles Public Library system. Those documents are included as Attachments entitled: Series 1 - Diamond Bar is part of County of Los Angeles Pub& Library system. • Application Form (Attachment A) • Required EIements for Joint Use Cooperative Agreements (Attachment B) • Community Library Needs Assessment Components (Attachment C) • Library Plan of Service (Attachment D) • Library Building Program Components (Attachment E) Series 2 - Diamond Bar is not part of County of Los Angeles Public Library system. • Application Form (Attachment F) • Required Elements for Joint Use Cooperative Agreements (Attachment Gr) MARCH 29, 2002 DuBBERlY ASSOCIATES, INC. ATLANTA, GEORGIA PAGE 4 ATTACHMENT r CITY OF DIAMOND BAR FEASIBILITY ANALYSIS LIBRARY BON!] ACT APPLICATION 1. REPORT • Community Library Needs Assessment Components (Attachment H) • Library Plan of Service (Attachment 1) • Library Building Program Components (Attachment J) In preparing these documents, it quickly became apparent that although the City has selected a site for the library and some work has been done on the building design, there is still a considerable amount of work to be done to complete the grant application. In particular, it will be necessary to develop the Community Needs Assessment, the Library Plan of Service and the Library Building Program. Even if all these background documents were now complete, there is insufficient time to have all the documents reviewed by the County (two months minimum — three months preferred) and still make the June 14th deadline for the first round of grant funding. L. TASKS TO BE COMPLETED PRIOR TO SUBMITTING GRANT APPLICATION The tasks that need to be completed prior to submitting a grant application vary depending on whether or not Diamond Bar is part of the County of Los Angeles Public Library system. Although many of the tasks are the same with each scenario (such as completion of the Application form, the Community Needs Assessment, the Library Plan of Service, and the Library Building Program), the people who need to be involved in completing the tasks and even the deadlines for completing them will vary depending on whether or not the City remains part of the County Library system. Therefore, the sooner that issue is resolved, the more focused and efficient the grant application team can be in completing the appropriate list of tasks. a. If Diamond Bar is part of the County of Los Angeles Public Library system The following tasks will need to be completed if Diamond Bar is part of the County of Los Angeles Public Library system. Decide whether or not to contract with a library consultant to produce some or all of the documents required as part of the grant application process. • Meet with the County Library staff to establish what information the County Library can provide and when it will be available. MARCH 29, 2002 DUBBERLY ASSOCIATES, INC. ATLANTA, GEORGIA PAGE 5 ATTACHMENT I CITY OF DIAMOND BAR FEASIBILITY /ANALYSIS LIBRARY BOND ACT APPLICATION I. REPORT • Determine whether or not the City will submit a joint venture application with one or more of the local school districts. If so, meet with the School District personnel to establish the parameters of the joint venture and respective responsibilities for gathering data and completing the relevant sections of the grant application. (See Attachment B for details.) • Appoint grant application team and assign data collection and report production responsibilities to team members. • Establish deadlines for completion of each portion of the grant application. • Complete Application Form. (See Attachment A for details.) • Conduct Community Library Needs Assessment and write report. (See Attachment C for details.) • Prepare Library Plan of Service. (See Attachment D for details.) • Prepare Library Building Program. (See Attachment E for details.) • Prepare conceptual plans as described in Section 20440 (d) (5) of the Grant Application Requirements. • Negotiate lease with the County Library for use of the new facility. • Obtain City Council approval for: ■ Lease agreement with County Library. • Commitment to fund the library at the stated level. ■ Authorization to submit the grant application. • Submit grant application and appropriate support materials to County Library for review. • Obtain County Supervisors approval for: ■ Lease agreement with the City, ■ Joint venture agreement with school district(s) — if a joint venture application is being submitted. ■ Authorization to submit the grant application. MARCH 29, 2002 DUBSERLY ASSOCIATES, INC. ATLANTA, GEORGIA PACE 6 ATTACHMENT I CITY OF DIAMOND BAR LIBRARY BOND AcT APPLICATION FEASIBILITY ANALYSIS 1. REPORT b. If Diamond Bar is not part of the County of Los Angeles Public Library system. The following tasks will need to be completed, if Diamond Bar is not part of the County of Los Angeles Public Library system. • Decide whether or not to contract with a library consultant to produce some or all of the documents required as part of the grant application process. • Execute steps necessary to withdraw from the County Library system. • Decide whether City staff or other entity will operate the new City library. • Determine whether or not the City will submit a joint venture application with one or more of the local school districts. If so, meet with the School District personnel to establish parameters of joint venture and respective responsibilities for gathering data and completing the relevant sections of the grant application. (See Attachment G for details.) • Appoint grant application team and assign data collection and report production responsibilities to team members. • Establish deadlines for completion of each portion of the grant application. • Complete Application Form. (See Attachment F for details.) • Conduct Community Library Needs Assessment and write report. (See Attachment H for details.) • Prepare Library Plan of Service. (See Attachment I for details.) • Prepare Library Building Program. (See Attachment J for details.) • Prepare conceptual plans as described in Section 20440 (d) (5) of the Giant Application Requirements. • Obtain City Council approval for: • Joint venture agreement with school district(s) — if a joint venture application is being submitted. • Commitment to fund the library at the stated level. ■ Authorization to submit the grant application. MARCH 29, 2002 DuBBERLYAssoCIATES, INC. ATLANTA, GEORGIA ATTACHMENT % I CITY OF DIAMOND SAR FEASIBILITY ANALYSIS LIBRARY BOND ACT APPLICATION I. REPORT D. NEXT STEPS The deadline to submit a Bond Act grant application for funding in the second round is March 28, 2003. Prior to that date, all the tasks in one of the two scenarios identified above will need to be completed. Although that date is a year away, there is a significant amount of work that needs to be done. To make most effective use of the time available, there are several decisions that need to be made as soon as possible. Those decisions include answers to the following questions. 1. WILL DIAMOND BAR REMAIN PART OF THE COUNTY OF Los ANGELES PUBLIC LIBRARY SYSTEM? A timely answer to this question is essential to completion of the grant application. A quality application can be submitted if this question is answered in the affirmative or the negative. However, as noted above, the process that needs to be followed does depend on the answer to the question. Until this question is answered, staff should work on those portions of the application process that are not subject to change based on the answer to this question. Before the City of Diamond Bar makes a decision on this question, it is highly recommended that the City obtain answers to the following questions from either the State Library or other California governmental entity with the authority to address them. Those questions are: a. If the City announces by December 2002 its intent to withdraw from the County of Los Angeles Public Library system, may it submit a grant application as an eligible applicant even though the City will still be part of the County Library system on March 28, 2003 when the application is submitted? b. If the City announces by December 2002 its intent to withdraw from the County of Los Angeles Public Library system, how should it respond to the grant application questions concerning the "existing library," if the City wishes to submit an application by the March 28, 2003 deadline? c. Can the City make the timing of its withdrawal from the County of Los Angeles Public Library system conditional on the receipt of Bond Act funds? MARCH 29, 2002 DUBBERLY ASSOCIATES, INC. ATLANTA, GEORGIA F+ T 1NOV E N r CITY OF DIAMOND BAR i.IBRARY BOND ACT APPLICATION FEASIBILITY ANALYSIS 1. REPORT 2. IF THE CITY DOES DECIDE TO WITHDRAW FROM THE COUNTY OF Los ANGELES PUBLIC LIBRARY, WHEN WILL IT ESTABLISH ITS OWN CITY LIBRARY AND WHO WILL OPERATE IT? The City will need to determine whether or not the new library will be operated by City staff or whether the City will contract with some other entity to operate the library. Since the grant application requires the submittal of estimates for initial start up expenses and annual expenses, it would be advisable to have some indication of who will operate the library since that will have an impact on the cost. 3. WILL THE APPLICATION BE A JOINT VENTURE PROJECT 1ST PRIORITY OF BOND ACT) WITH ONE OR MORE OF THE LOCAL SCHOOL DISTRICTS? If there is any interest on the part of the City in submitting a Joint Venture Project application, then discussions should be initiated with one or more of the school districts as soon as possible. The decision to submit a Joint Venture Project has implications on the data gathering for and completion of the Community Library Needs Assessment and the Library Plan of Service. It also has implications for the Library Building Program and the design of the library. Thus, it would be necessary to know which, if any, of the joint venture projects would need to be accommodated by the library design. The Bond Act identifies seven types of Joint Venture Projects in Section 20434 Funding Priorities and defines them as follows: 1. Computer center — A computer center houses computer systems with electronic resources or other educational technologies to assist with any combination of K-12 student learning activities. 2. Family literary center — A family literacy center houses materials and space for tutoring and instructional activities to improve the ability of K-12 students and their parents or caregivers to read and write English and to develop lifelong learning skills. 3. Homework center — A homework center houses space to provide materials and formal support to assist K-12 students with homework and/or study assignments. Support shall focus on the needs of students including either general assistance in reading, writing, science, language, math skills, and study skills, or individual assignment assistance, or both. MARCH 29, 2002 DuBBERLY ASSOCIATES, INC. ATLANTA, GEORGIA V -�I"I' mg CITY OF DIAMOND BAR FEASIBILITY ANALYSIS LIBRARY BOND ACT APPLICATION C. REPORT 4. Career center -- A career center houses space to provide job, career, and college education information to assist K-12 students in assessing and pursuing vocational and career choices. 5. Shared electronic and telecommunication library services — Shared library electronic and telecommunication services provide for the sharing of electronic equipment and resources that complement the curriculum of K-12 students. 6. Subject specialty learning centers — Subject specialty learning centers house a comprehensive, in-depth collection of resources and learning activities on a specific subject area that complements the curriculum of the school district that is part of the joint use cooperative agreement. 7. Other library services — Other similar collaborative library services that directly benefit K-12 students. The Bond Act considers all of the Joint Venture Projects to be equal value, and thus selecting any one of them would make the grant application a First Priority Joint Use application. 4. WILL THE CITY HIRE A LIBRARY CONSULTANT TO ASSIST WITH THE PREPARATION OF THE GRANT APPLICATION? The Bond Act does not require the use of a library consultant to prepare any of the documents associated with the grant application. Many library systems will be completing their applications using City or County staff. If the City believes it needs a library consultant to assist with any portion of the grant application, it would be advisable to contract with the consultant early in the grant application process so he or she can be a part of the grant application team when it is formed or shortly thereafter. E. CONCLUSION It is the opinion of Dubberly Associates Inc. that it is not possible for the City of Diamond Bar to complete all the tasks and documents necessary to submit a Bond Act grant application by June 14, 2002. The consultants recommend that the City take the necessary steps to submit an application by March 28, 2003 for consideration in the second round of funding. MARCH 29, 2002 DUBBERLY AssoclATEs, INC. ATLANTA, GEORGIA A i + ArWM E N T _ County of Los Angeles Public Library Operating Statement Fiscal Year 1998-99 Diamond Bar Library Cost Code: 816 1061 South Grand Avenue, Diamond Bar Org Code: 41380 Support Costs Administration 120,566 Program Specialists 24,098 Countywide Overhead Charge 0 Sub -Total $144,665 Total Cost of Service $922,605 Operating Revenue $33,955 ATTACHMENT C:HF[LFSMHCOSTj rnFf99OFMVp8,WK4 4 SD 12/03P99 Actual Operating Costs Salaries and Employee Benefits $422,579 Services & Supplies Books & Materials 60,673 Lease -Buildings 0 Maintenance -Buildings and Grounds 37,480 Maintenance -Equipment 0 Insurance 3,721 Supplies 15,399 Utilities 30,831 Facilities Services Operations 43,139 Regional Operations 45,653 Acquisitions and Cataloging 27,319 Automated Circulation System 46,828 Information Services 37,815 Equipment Purchase 6,502 Sub -Total $777,940 Support Costs Administration 120,566 Program Specialists 24,098 Countywide Overhead Charge 0 Sub -Total $144,665 Total Cost of Service $922,605 Operating Revenue $33,955 ATTACHMENT C:HF[LFSMHCOSTj rnFf99OFMVp8,WK4 4 SD 12/03P99 Q COUNTY OF LOS ANGELES PUBLIC LIBRARY 1998-99 Library Operating Statements The following information describes various categories of expenditures and cost items included in individual library operating statements prepared for Fiscal Year 1998-99. This cost report is based on actual year-end expenditures for all cost centers in the County Public Library for 1998-99. The data comes directly from the county's automated countywide accounting system, and reflects the Auditor -Controller's year-end costs for the Public Library after the books were closed and reconciled for the fiscal year. Operating Costs All expenditures listed as operating costs are those related to the day-to-day operation of the library and its various services. Generally, these are costs incurred directly by the individual library for operations located in the facility, such as employee salaries, utilities for the building, and the purchase of library books and materials. In some cases, they are costs for expenses incurred by the library for services located elsewhere but directly attributable to the library and the service it provides, such as the cost of the computer system for checking out books, the delivery of books and supplies to the library, and the maintenance of the building by staff headquartered at other library or county facilities. Within the County budget library operating costs fall generally into three major expenditure categories: salaries and employee benefits, services and supplies, and equipment. Operating costs included in this report are grouped in various categories and subcategories of expense as indicated in the operating statements and described below. The examples listed for various costs are not exhaustive, but provide a useful overview of the kinds of expenditures involved in the operation of the libraries. Salarias and Employee Benefits These are the direct costs for the salaries of permanent (full-time) and temporary (hourly) employees assigned to the individual library. Also included are the costs of employee benefits such as health insurance, sick leave, retirement, and worker's compensation, as well as overtime, shift differentials, and bilingual bonuses where applicable. ATTACHMENT 71 Services and Supplies Operating costs in this category represent various kinds of supply items, and services provided under contract by the private sector or by other public agencies. Included in this category are the subcategories and examples of cost items listed below. Book&ajid Ma rials: Purchase of books and other library materials such as magazines, computer databases and audio-visual materials. Lease -- Buildings: Lease costs of facilities not owned by the county or debt service associated with the acquisition or use of a facility. Maintenance -- Buildin s an ro n s: General maintenance of library facilities such as building maintenance and repair, grounds maintenance, and other housekeeping costs such as custodial services, trash disposal and pest extermination services. Maintenance -- Equipment: Costs for the extraordinary maintenance of equipment items located in library facilities. Insurance: Premium costs for commercially -issued insurance against casualty losses of our library facilities and their contents. 5upalies: Routine and special -order supply items such as stationery, forms, and office supplies. tilities: Charges for utilities in the library facility such as electricity, water, gas and telephone service. Facilities Services Operations: In-house maintenance services provided by Library Department employees, procurement and warehousing of supplies, contracting for services such as routine equipment maintenance and delivery of books and supplies to the library. Regional Operations: Cost of providing day-to-day supervision, management and support of library operations, including staffing functions, staff development and training, planning of regional service programs such as Summer Reading Program, coordination of regional collection purchases, and daily trouble shooting for customer service issues not resolved at the local library. 2 ATTACHMENT Acquisitions and Cataloging.: Technical services to the library such as ordering library books and materials, assigning and preparing individual copies for distribution to local libraries, producing and maintaining the catalog, and interlibrary loan services. Automated Circulatioo sem: Operating and maintaining the automated circulation system for processing all book circulations and registered borrower records, and printing and mailing overdue notices to individuals. Information Service,: Costs for the operation of various specialized information and reference services used by all libraries, such as the municipal reference service, business subject specialty center, ethnic resource centers, consumer health information programs and services (CHIPS), document delivery center, and community access library line (CALL). Equipment Purchase Costs of purchasing equipment for the library, which may include items such as cash registers, book detection systems, fax machines, computers and circulation system equipment. Support Costs Costs included in this category represent expenditures for various services which provide policy direction and support to the public service operations in the libraries. These include key functions required to operate the library services, including County Public Library headquarters support as well as other county services. Administration Costs in this subcategory include the executive level management of the Public Library Department, administrative support services such as personnel and payroll services, business office services such as payments for leases and invoices, cost accounting, telecommunications and PC support, graphic arts, and volunteer program coordination. 3 ATTAC'"MCNT 2 IN Program Specialists Expenditures in this category are for the costs of headquarters program specialists who plan and implement Library -wide service programs including reference and information services, programs and collections for children and adults, and grant development and coordination. Examples include coordinating the public access Internet program; summer reading program design, training and materials; and negotiating Library -wide discounts for online databases used for reference support. Countywide Overhead Charge This category is for countywide overhead costs charged to the Public Library for central administrative costs and services in other county departments not otherwise billed directly to the Public Library. The County Public Library pays approximately $6 million for various services within the county which are billed directly. An additional amount for countywide overhead charges was waived for three prior fiscal years in recognition of the County Library's funding limitations. However, this charge, which is estimated between $1-2 million annually, could be reinstated in future years, and is listed to illustrate that it would be part of the general overhead costs for administration of the County Library. Operating Revenue The revenue amount indicated in the operating statement reflects the fines, fees and lost materials charges actually collected at the local library. A��AC44MEi�� Z AI L + COUNTY OF LOS ANGELES PUBLIC LIBRARY Proposed Diamond Bar Library DRAFT 1. Projected 2020 Population: 65,000 2. Projected 2020 Facility Size: 65,000 x 0.389 sq, ft./capita = 25,285 GSF 3. Projected 2020 Collection Size: 65,000 x 2.25 Rams/capita =146,250 items 4. Projected 2020 Collection Size: 146,250 items Existing Collection (2000101): 105.500 items Difference: 40,750 items 5. Estimated Cost of Materials: 40,750 items x $36.00/item = $1,467,000 6. Estimated Annual Cost of Staffing: $628,400 7_ Estimated Annual Operating Costs: $1,435,000 (Incudes $185,000 for Annual Collection Budget and $1,250,000 for Operating & Support Costs) 8. Total Estimated Annual Staffing and Operating Costs: $2,063,400 U-,CAPITAL%DIAMDBARISTFCST-i.W PD RFS -kc 512101 ATTACHMENT 3 February 11, 2002 David A. Doyle Deputy City Manager City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765-4178 Dear David, Thank you for the opportunity to provide Diamond Bar with an estimate of what it would cost for Diamond Bar to contract with LSSI to manage the new Diamond Bar Library. I understand that you need this figure for several purposes as you consider building a new library. As we've discussed, Diamond Bar would withdraw from the Los Angeles County Library System and the new library would be under the jurisdiction of the City of Diamond Bar. It is my understanding that Diamond Bar would like a larger library that is more responsive to the needs of the citizens of Diamond Bar. LSSI view its relationships with the cities it serves as partnerships. Each partner has a part to play. We manage all aspects of the library dealing with the day-to- day responsibilities. Policy decisions remain the responsibility of the contacting city. The city retains ownership of all assets and makes the decisions on what library services are appropriate for the community, the collection, decisions affecting the building and any other policy-making responsibilities. As any good manager, we make recommendations and carry out policy. Withdrawing from the County Library System will necessitate Diamond Bar reviewing several areas affected by the change. I'll highlight two major areas. It has been the position of the Los Angeles County Library System that the materials and building are property of Los Angeles County Library System. Those Cities withdrawing from the County System would not have use of the collection or building without purchasing either. For Diamond Bar, the building is not an issue. The collection will need your consideration. Not all Cities choose to purchase the existing collection from the County. Calabasas chose to have LSSI purchase a totally new collection for their library. LSSI would be willing to work with Diamond Bar to select a totally new collection. The decision is yours. Once you know the costs to acquire the collection and the collection size, you may want to consider having LSSI purchase a totally new collection for you. The brand new collection would be catalogued with all materials ready to be checked out. This service includes selection of the books, cataloging, processing (plastic jackets, theft detection strip, etc.) and barcoding and entering the books into the automated circulation system all for a cost of approximately $20 per book. If you were to keep the existing collection, you would have to obtain the collection's machine-readable records from the County ATTACHMENT and you may have to re -barcode the collection for a new automation system. Both of these items would increase the costs of keeping the existing collection. The second major area is the automated library system. Diamond Bar will need to acquire an automated library system. Such a system allows users to check out books, search the library collection from home, put holds or reserves on books that would be picked up later at the library and can allow access to online databases (of magazine, for example) available to be searched from home. Prices on a system vary widely depending on the features that Diamond Bar would require. There are a number of options open to Diamond Bar to full this need. LSSI may be able to provide access to a shared system for a fee or I can put you in touch with companies who can provide an estimate if Diamond Bar would like to purchase their own system. Each contract for library management services is different, reflecting the different needs of the communities we serve. We have made a number of assumptions to provide you with this rough estimate. As you determine the service levels you desire, and as you complete your community survey for the Library Bond Act Grant application, we will be better able to provide you with a more accurate estimate. LSSI assumes that Diamond Bar will provide the building and pay utilities and maintenance. In addition, we based our pricing on the assumption that Diamond Bar would provide the computers and library system, though as mentioned above, we could provide these services. Our estimate includes staffing for the proposed 21,000 square foot building open for approximately the same number of hours as the existing County branch, which I believe is 46 hours per week. Our estimate includes programming at the same level as the County now delivers. LSSI's estimate for the library management services is $1.2 million. This compares favorably with the present County tax assessment and the additional revenue the County Library would require to operate the new building. Manhattan Beach has told me that they recently requested from the County Library the cost to manage an additional 10,000 square foot addition to their library. The County came back with a cost of $1 million. This may not be what the County will quote you, but this is a recently quoted cost that I can share with you. LSSI is pleased to see that Diamond Bar wishes its library to be controlled locally, better providing services that reflect the unique wants and needs of the citizens of Diamond Bar. LSSI stands ready to partner with Diamond Bar to make this happen. If I can answer questions or if you would like for me to talk with the City Council members, please let me know. I'd be happy to do so. My contact information is enclosed. Sincerely, Leland R. Ireland Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist Checklist for Library Bond Act Grant Application Documentation Version 1.0 The Office of Library Construction (OLC) has created the following checklist of required supporting documents in an effort to assist potential applicants in making sure their Library Bond Act application is complete. The use of the checklist is optional. However, if it is used and submitted with the application, it will also help OLC staff expedite the eligibility review of applications. The checklist is a technical assistance tool and is advisory only. Applicants should not rely exclusively on the checklist, but should also verify the elements of their application by checking the Title 5 regulations and the Library Bond Act. Any error or omission on the checklist does not relieve the auplicant of the responsibility to submit all required documents as listed in the Title 5 regulations. It is sincerely hoped that this tool will help to ensure complete and eligible applications for potential grant award. If any questions or perceived discrepancies between the checklist and the Title 5 regulations arise, contact Pat Zografos at (916) 445-9612 or pzografos@librarV.ca.gov. If there are changes to Version 1.0 of the checklist based upon user input, updated versions will be placed on the OLC Web site with a new version number and an errata sheet. Instructions for Completing Checklist Form There are several sections of the checklist that may need to be competed, depending upon the type of project. Utilize the list of sections below as appropriate: Section 1: Page 2 .................. Documents required for ALL PROJECTS Section 2: Page 12 .................. Additional Documents required for JOINT USE PROJECTS Section 3: Page 14 .................. Additional Documents required for JOINT VENTURE PROJECTS Section 4: Page 14 .................. Additional Documents required for CO -LOCATED PROJECTS Section 5: Page 16 .................. Additional Documents required for REMODELING PROJECTS Section 6: Page 17 .................. Additional Documents required for CONVERSION PROJECTS Under each section there is a list of "Submittal Requirements" on the left-hand side of the page. Please note that section citations are given to assist in locating the requirements in the Title 5 regulations. These section and page numbers are keyed to the "Final (Codified) Title 5 Library Bond Act Regulations" that are available on the OLC Web site. Applicants should ignore the middle column that says "State Library Use." Applicants should complete the two columns to the far right, that are under "APPLICANT USE." Under the "Included" column, applicants should check "Yes" if the item is included in the submittal and "No" if it is not. Further, if time allows, it would be veru_ helpful to State LibraU staff atternoting to verify the eligibility of the apolication if applicants indicateg the document and page number where the item listed can be found. Feel free to use abbreviations for document names such as "BP" for building program; "NA" for needs assessment, etc. For Applicant Use Project Name: Applicant Name: Checklist Completed by: Phone: For CSL Use Checklist Reviewed by: Date: Project Number Required Documentation Version 1.0 (5/20/02) Page 1 of 18 6/13/02 ATTACHMENT -S Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist SECTION 1 -REQUIREMENTS FOR ALL PROJECTS SUBMITTAL REQUIREMENTS State Library Use APPLICANT USE In Compliance Included YES NO Document & Page Number YES NO SITE AND TITLE REQUIREMENTS CEQA Compliance 204381 p. 20 3 1 Applicant is Lead Agency 20438 (a) (1), p. 20 ❑ ❑ ❑ ❑ (Mark the type of evidence of CEQA compliance (choose only one) & its corresponding documentation) 4 APPLICATION FORM 1 Original (with signatures) ❑ ❑ ❑ ❑ 20440 a 1 A , p. 23, Appendix 1, p, 30 Legal Citations 2 6 copies of application form ❑ ❑ ❑ ❑ ❑ Statement of Basis of Exemption 20440 a 1 A), p, 23,_Appendix 1, p. 30 El 9 Copy of Notice of Exemption ❑ SITE AND TITLE REQUIREMENTS CEQA Compliance 204381 p. 20 3 1 Applicant is Lead Agency 20438 (a) (1), p. 20 ❑ ❑ ❑ ❑ (Mark the type of evidence of CEQA compliance (choose only one) & its corresponding documentation) 4 No Adverse Environmental Impact 20438 a 2 A , P. 20 ❑ ❑ ❑ ❑ 5 Explanation 6 Legal Citations 7 Categorical Exemption 20438(a) 2 A 2 a& b, P. 20 ❑ ❑ ❑ ❑ 8 Statement of Basis of Exemption 0 El El 9 Copy of Notice of Exemption ❑ 10 Negative Declaration 20438 a 2 . 20 ❑ ❑ ❑ ❑ 11 Final Negative Declaration ❑ 12 Notice of Determination ❑ 13 Signed by lead agency ❑ ❑ 14 Stamped by County Clerk ❑ State Clearinghouse review One of the following): 15 Compliance Letter ❑I El ❑ 16 Comments from state agencies ❑ 17 Environmental Impact Report (EIR) 20438 a 2 C , p, 20 ❑ ❑ ❑ ❑ 18 Final EIR Report 19 Notice of Determination ❑ 20 Signed by lead agency ❑ ❑ 21 y Clerk Stamped by Count ❑Li ❑ 22 Adopted Statement of Overriding Considerations ❑ Required Documentation Version 1.0 (5/20102) Page 2 of 18 6113/02 office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist SUBMITTAL REQUIREMENTS State Library use APPLICANT USE In Compllance Included Document & YES NO Page Number YES NO State Clearinghouse review (include one of the following): ❑ ❑ ❑ 23 Compliance Letter, or ❑ 26 Names and addresses of owners & their interests 24 Comments from state agencies ❑ Obtaining Marketable Record Title 20438 (c), pp. 21-22 (All applicants are required to submit a Preliminary Title Report. If not currently owned by the applicant, the report is to be obtained from the current owner.) (MULTIPURPOSE PROJECTS: Submit only for public library portion of the project site (20438 (c)(1)(8), p.21)) 25 1 Preliminary Title Report ❑ ❑ ❑ I ❑ 26 Names and addresses of owners & their interests 37 27 Property description E] ❑ ❑ 28 Easements/Encumbrances 38 29 Plat or Survey ❑ ❑ 1:1completion 30 Attorney's Opinion re: Exceptions (if ❑ ❑ ❑ ❑ 39 Title report shows no superior liens applicable) ❑ El 1:1 40 31 Indicate that exceptions don't diminish use of ❑ ❑ ❑ ❑ lease agreement site for public library 41 32 Indicate that exceptions don't diminish or limit ❑ ❑ ❑ ❑ the State's Interest in the property Site Ownership - If Applicant Owns or Will Own the Site 20438 (c) (8), pp. 24-25 (Mark the type of verification submitted (on!y one is re uired)) 33 Verification of ownership, or 34 Executed option to purchase, or 35 Agreement to donate Possession of Lease [If Site Is Secured by a Lease or Lease -Purchase Agreement] 20438 (c) (8) (B), p. 25 & 20440, Appendix 6, p. 71 Lessor Is Either a Public Agency or a Private Owner 36 Executed lease or lease -purchase agreement ❑ ❑ E:1— Lease Lease or lease -purchase agreement indicates: 37 Full access to site to build and operate library E] E] E] 11rovided 38 Term of at least 40 years following substantial ❑ ❑ ❑ 1:1completion 39 Title report shows no superior liens ❑ ❑ El 1:1 40 Subsequent encumbrances or sales subject to ❑ ❑ ❑ ❑ lease agreement 41 Payment of rent either lump sum or budgeted 1:1 El El ElEarl Required Documentation Version 1.0 (5/20/02) Page 3 of 18 6113102 Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist SUBMITTAL REQUIREMENTS State Library Use APPLICANT USE in Compllance Included YES NO Document & Page Number YES NO 42 Lessor's remedies may only be suit for rent or forspecific performance ❑ ❑ ❑ ❑ roceedin s 43 Lessor legal opinion re: lease El 1 44 Lessee legal opinion re, lease 46 Agreement cannot be rejected due to lessor's ❑ Lessor Is a Private Owner: Legal Opinion Requirement (Mark the type of legal opinion submitted) 45 Lessor is entity that cannot enter bankruptcy ❑ ❑ ❑ ❑ roceedin s 46 Agreement cannot be rejected due to lessor's ❑ ❑ ❑ ❑ bankruptcy Boundary Survey 20440 (c)(1), p. 23 (MULTIPURPOSE PROJECTS: include boundary survey for entire multipurpose project site) 47 Boundary survey submitted El 48 Boundary survey shows metes & bounds 49 Signed by a licensed land surveyor 50 Stamped by a licensed land surveyor El Geotechnical Report 20440 (c)(2), p. 23 (NOT REQUIRED FOR existing buildings with remodeling only (i.e., with no addition)) 51 1 Copy of geatechnical report 1 11 1 ❑ 52 1 Report Is by licensed engineer ❑ Visual Record Existing Library 20440(c)(4) (A) p, 24 (Applies only if an existing library will be improved or replaced) 53 Photos or Videos included ❑ 54 Labeled w/Applicant & Project Names 4 L3 1 0 1 0 1 0 1 Visual Record of Site 20440(c)(5) (A) p, 24 (Not required for existing buildings with remodeling only (i.e., with no addition)) 55 Photos or Videos included 56 Labeled w/Applicant & Project Names Views from outside & facing the site: 57 View of front entrance 58 2nd view of applicant's choice Required Documentation Version 1.0 (5120102) Page 4 of 18 6/13102 Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist SUBMITTAL REQUIREMENTS State Library APPLICANT USE Use In Compliance Included Document & YESNO Page Number Views from middle of site: Copy of Needs Assessment 59 North60 tYESNO South61 69 East 1:1 62 West Ll I Map(s) of Site 20440(c)(5)(13), p. 24 (NOT REQUIRED FOR existing buildings with remodeling only (i.e., with no addition)) 63 Copy of maps ❑ 64 Service area of project shown 65 Major Thoroughfares shown El ❑ 66 All public K-12 schools shown ❑ 67 All major retail business centers shown Site Appraisal (if applicable) 20436 a), p. 14 68 Copy of appraisal L1 Copy of Needs Assessment 11 74 69 Completed by Independent appraiser 1:1 75 Table of Contents ❑ 70 Completed by licensed State Certified General Real Estate Appraiser ❑ ❑ ❑ ❑ 71 Completed no more than one year from application deadline ❑ ❑ ❑ ❑ Parking Shared Use Agreement (if applicable) 20440 c 11 , . 25 72 Copy of parking agreement Required Documentation Version 1,0 (5120/02) Page 5 of 18 6/13/02 COMMUNITY LIBRARY NEEDS ASSESSMENT 20440(d)(2), p. 26 and Appendix 3, p. 61 — 56 73 Copy of Needs Assessment 74 Completed or revised within five years of El El application deadline E] 1:1 75 Table of Contents ❑ 76 Overall Executive Summary ❑ 77 Narrative overview of Needs Assessment 78 Relevant demographic information cited ❑ ❑ ❑ ❑ 79 Needs Assessment Methodology ❑ [] ❑I ❑ 80 Executive Summary 81 1 Community involvement 82 Methods used to elicit community input Required Documentation Version 1,0 (5120/02) Page 5 of 18 6/13/02 Office of Library Construction - California State Library Title 5 Library Bond act Grant Application Checklist 103 Analysis of Library Service Needs ❑ ❑ 104 In-depth analysis of library service needs 105 Executive Summary of service needs & impact ❑ ❑ ❑ ❑ on Library Plan of Service 106 SUBMITTAL REQUIREMENTS State Library use APPLICANT USE in Compilance Included YES NO Document & page Number YES NO 108 83 Community Analysis: (Provide description and analysis of the followin j ❑ ❑ ❑ ❑ 84 Government agencies & their key individuals El El 85 Public & private schools to be served ❑ ❑ 86 1 Community organizations & their service needs ❑ Meeting Rooms ❑ 87 Demography (Federal, State, or Regional source) LI❑ 112 Special Purpose (Miscellaneous 88 Population Characteristics 11 ❑ 113 Services needed but unavailable 89 Demographic Data & Analysis ❑ IT - 114 90 Academic Performance Index (API} 91 Poverty rate ❑L1❑ 92 Per capita income ❑ 93 Literacy rate ❑El 94 unemployment rate 95 Population composition by age 96 Population b occupation ❑ RED 97 Median rope value El 1:1 98 Population b educational level ❑ 99 Each demographic element is compared to State norm ❑ ❑ ❑ ❑ 100 Each demographic element is compared to national norm ❑ ❑ ❑ ❑ 101 Executive Summary of Community Analysis ❑ 102 Analysis & Discussion of Community -7 Characteristics ❑ ❑ ❑ ❑ 7 103 Analysis of Library Service Needs ❑ ❑ 104 In-depth analysis of library service needs 105 Executive Summary of service needs & impact ❑ ❑ ❑ ❑ on Library Plan of Service 106 Service Limitations of Existing Library for each category: (Applies only if an existing library will be improved or replaced) ❑ ❑ ❑ 107 Collections 108 Readers' Seating 109 Staff Officers, workstations, visual supervision El I El 110 Technology 111 Meeting Rooms ❑ 112 Special Purpose (Miscellaneous 113 Services needed but unavailable ❑ 114 1 Executive Summary of Service Limitations Required Documentation Version 1.0 (5120102) Page 6 of 18 6113102 Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist SUBMITTAL REQUIREMENTS State Library Use APPLICANT USE In Compliance Included YES NO Document & Page Number YES NO 115 Physical Limitations of Existing Library Facilities (if applicable) for each category: ❑ (Applies only if an existing library will be improved or replaced) ❑ ❑ ❑ ❑ 116 1 Structural I ❑ El ❑ 117 J Energy conservation 127 4brary Collections 118 Health and safety 13 119 Disabled access 128 120 Acoustics ❑ El I 121 Space flexibility/expandability El ❑ ❑ 122 Functional spatial relationships Collection development & Justification, size and types of collections; purchasing patterns; library use statistics; any standards & guidelines used ❑ 123 1 Site ❑ ❑ 124 Other Considerations 130 Summary of all projected collections including: size, format category, sub -Category, foot, & assumed percentage of collection in circulation 125 1 Executive Summary of physical limitations ❑ El 126 Space Needs Assessment (Provide assignable square footage allocations & how they were determined for each category below.) ❑ ❑ ❑ 127 4brary Collections 128 Current status and proposed capacity El 129 Collection development & Justification, size and types of collections; purchasing patterns; library use statistics; any standards & guidelines used ❑ ❑ ❑ ❑ 130 Summary of all projected collections including: size, format category, sub -Category, foot, & assumed percentage of collection in circulation El I--] El El 131 Collection space chart: (Provide the following for each collection sub- category.,) ❑ ❑ ❑ ❑ 132 Calculations used to obtain space needed 133 Conversion factors used in calculations (e.g., type of shelving unit, number of volumes/ shelving unit, etc. ❑ ❑ ❑ ❑ 134 Readers' Seats ❑ 135 Description of patron seatin ❑ 136 Number 137 Type 138 Allocation ❑ 1:1 10 139 Standards re: seating/space need IED 140 Calculations described 141 Conversion factors provided 142 Technology (identify and describe:) Li 143 Numbers and types of technology equipmentF-1LLJI "101 144 Numbers and types of workstations ❑ ❑ Required Documentation Version 1.0 (5/20/02) Page 7 of 16 6/13/02 Office of Library Construction - California State Library title 5 Library Bond Act Grant Application Checklist Required Documentation Version 1.0 (5/20/02) Page 8 of 18 6/13/02 SUBMITTAL REQUIREMENTS State Library Use fn Compliance YES NO APPLICANT USE Included Document & YES NO Page Number 145 Calculations described ❑ ❑ ❑ ❑ 146 Conversion factors provided 17 ❑ F1 0 147 Staff Offices & Workstations 1:1 1:1 Ll 148 Projected staff organization described ❑ ❑ 149 Standards used (f applicable) to determine staff size provided ❑ ❑ ❑ ❑ 150 Number of staff workstations needed ❑ ❑ ❑ ❑ 151 Allocations of staff workstations ❑ 152 Calculations described ❑ ❑ 153 Conversion factors provided ❑ E] ]a-- 154 Meeting -Room Requirements ❑ ❑ 155 Number of meeting rooms Li ❑ 156 1 Capacity of meeting rooms El ❑ 1:1 1:1a 157 Allocation of space ❑ ❑ El 1 158 How rooms support plan of service ❑ 159 Calculations described ❑ ❑ 160 Conversion factors provided El ❑ 161 Special Purpose: Miscellaneous Space Needs El ❑ 162 Spaces 163 1 Equipment ID ❑ El 164 1 Intended use El E1 El 165 How they support plan of service ❑ 166 Calculations ❑ 167 Conversion factors ❑ 168 Non-Assi noble Space El 169 Assumptions re: percentage of non -assignable squote footage ❑ ❑ ❑ ❑ 170 1 Amount of non -assignable square footage Required Documentation Version 1.0 (5/20/02) Page 8 of 18 6/13/02 LIBRARY PLAN OF SERVICE 20440(d) (3) & Appendix 4, pp. 67.66 171 Copy of Library Plan of Service ❑ 172 Executive Summary (Overall) 17 ❑ 173 Mission Statement ❑ 1:1 Ll 174 Goals/Objectives/Roles & Service Indicators ❑ 175 Response of each to Needs AssessmentE=-E] ET - 176 Detailed description of types of services to be offered/Im iementation Plan ❑ ❑ ❑ ❑ 177 Staffing ❑ 178 Programming ❑ 179 Hours of service ❑ E] ]a-- 180 Collections ❑ [❑ 181 Special services Li ❑ 182 Community services or partnerships, as applicable El 1:1 1:1 1:1a 183 How plan of service meets residents' needs ❑ ❑ ❑ ❑ Required Documentation Version 1.0 (5/20/02) Page 8 of 18 6/13/02 Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist SUBMITTAL REQUIREMENTS State Library Use APPLICANT USE In Cornpllance Included YES NO Document & Page Number YES NO 184 Jurisdiction -wide Service ❑ ❑ ❑ ❑ ❑ 185 Describes how the project fits with jurisdiction- wide service ❑ ❑ ❑ ❑ 186 Technology ❑ ❑ ❑ ❑ 194 187 How pian of service integrates appropriate technology ❑ ❑ ❑ ❑ Discussion of roles of builcring team members 188 How information technologies are implemented ❑ 196 General Requirements of library Building (as a ro nate ❑ 189 Executive summary regarding integration & implementation of technology ❑ ❑ ❑ ❑ Required Documentation Version 1.0 (5120/02) Page 9 of 18 6113/02 BUILDING PROGRAM 20440(d)(4), p. 27, Appendix 5, pp. 69-70 190 Copy of Building Program ❑ 191 Table of Contents with each division listed ❑ ❑ 192 Overview and Introduction ❑ 193 Introduction with overview of need and project time schedule ❑ ❑ ❑ ❑ 194 Discussion of relationship of Building Program to architectural design ❑ ❑ ❑ ❑ 195 Discussion of roles of builcring team members ❑ 196 General Requirements of library Building (as a ro nate ❑ ❑ ❑ ❑ 197 Occupancy by staff and patrons 0❑ 198 Type and size of Collections Ll El 199 Flexibility and Expandability ❑ 200 Staff Efficient ❑ ❑ 201 Energy Efficiency Li ❑ ❑ 202 Fenestration El ❑ ❑ 203 1 Space Finishes ❑ 204 Access for the Disabled 205 Acoustics ❑ 206 HVAC 207 Illumination ❑ ❑ 208 Power, data & audiovisual communications ❑ 209 Security Systems ❑ ❑ 210 Si ns ❑ 211 1 Audio -visuals stems 212 Visual supervision 213 Master List of Furniture and Equipment 214 Spatial Relationships (narrative, special diagram, or matrix ❑ ❑ ❑ ❑ 215 Summary of Facility Space Requirements Li El ❑ 216 Name of each space shown with square foots es ❑ ❑ ❑ ❑ 217 Space Descriptions (as appropriate) ❑ ❑ ❑ 218 Assignable Square Footage Li ❑ ❑ ❑ 219 Occupancy by staff and patrons ❑ ❑ ❑ 220 Type and size of Collections El ❑ ❑ ❑ Required Documentation Version 1.0 (5120/02) Page 9 of 18 6113/02 Office or Library Construction - California State Library TWO 5 Library Bond Act Grant Application Checklist CONCEPTUAL PLANS 20440(d)(5), p. 27 (MULTIPURPOSE PROJECTS: Include conceptual plans showing public library & total project) SUBMITTAL REQUIREMENTS State Library Use in Compliance YES NO APPLICANT USE Included Document & YES NO Page Number 221 Functional Activity Description ❑ ❑ ❑ 222 Spatial Relationships ❑ ❑ 223 Flexibility and Expandability ❑ ❑ 224 Fenestration ❑ 239 225 Space Finishes ❑ ❑ 226 Access for the Disabled ❑ 227 Acoustics ❑ 0 ❑ 228 HVAC M ❑ ❑ 229 illumination ❑ 230 Power and Data Communication ❑ 243 231 Security Requirements El 232 Visual Supervision Documentation included to demonstrate project design compatible with scale/character of nei hborhood ❑ 233 Signs ❑ 245 234 List of Furniture and Equipment ❑ ❑ 235 Preliminoy Project Budget ❑ ❑ ❑ CONCEPTUAL PLANS 20440(d)(5), p. 27 (MULTIPURPOSE PROJECTS: Include conceptual plans showing public library & total project) 236 Size no less than 24"x36" ❑ 237 Prepared by licensed architect ❑ ❑ 238 Area Plan ❑ ❑ ❑ 239 Site shown in context with neighborhood: 240 Buildings ❑ 241 Parking El 242 Public transit stops Cf applicable) ❑ 243 Streets ❑ 244 Documentation included to demonstrate project design compatible with scale/character of nei hborhood ❑ ❑ ❑ ❑ 245 Site Plan ❑ Li ❑ 246 Plan shows: 247 Lbrary Buildin 248 Automobile parking El 11 249 Bicycle parkin (if applicable) 250 Access Roads ❑ ❑ El 251 1 Bicycle Pathways (if applicable) El ❑ 252 Pedestrian Pathways ❑ 253 Future expansion of building & parking (if licable ED El 1:1 1:1a 254 Direction of North indicated El 0 El 255 Floor Plan ❑ ❑ Plan shows: 256 Sin le line drawing 257 Names of major ro rammed areas ❑ 0 ❑ 258 Non -assignable spaces & square footage 1 ❑ Required Documentation Version 1.0 (5/20/02) Page 10 of 16 6113102 Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist FINANCIAL AND CERTIFICATIONS SUBMITTAL REQUIREMENTS State Library Use In Compliance YES NO APPLICANT USE Included Document & YES NO Page Number 259 Each area shows assignable square footage from building proprom ❑ ❑ ❑ ❑ 260 Each area shows actual square footage on floor plan ❑ ❑ ❑ ❑ ❑ Building Sections ❑ ❑ cost estimator 261 Latitudinal Section ❑ Li❑ ❑ ❑ 262 Longitudinal section Commitment of Supplemental Funds ❑ Elevations 280 Specifies actual dollar amount identified in Project Budget ❑ ❑ 263 Front of library buildin 281 Commitment to meeting cash flow requirements 264 2nd elevation (applicant's choice) 265 Outline Specifications 266 Type & quality of Wilding systems 267 Basic components 268 Uni ue components (if applicable) 269 References to State statutes and State building codes ❑ ❑ ❑ ❑ FINANCIAL AND CERTIFICATIONS 20440 (e), pp. 28-29 Construction Cost Estimate 20436(b), pp. 14-15 (Provide a construction cost estimate using CSI, R.S. Means, or similar estimating format) 270 Copy of construction cost estimate El 11 1 11 1 ❑ 271 Prepared by architect, engineer, or professional ❑ ❑ ❑ ❑ ❑ ❑ cost estimator 278 Includes & identifies any amounts fo be credited, as applicable ❑ ❑ MULTIPURPOSE PROJECTS ONL Y 272 Multipurpose Project Cost Analysis 20436(f)(3), p. 19 ❑ ❑ ❑ Cl 273 Prepared by architect or construction cost estimator 274 Compares whole multipurpose project to the public libraryportion ❑ ❑ ❑ ❑ Resolution by Applicant's Governing Body 20440(e)(3), p. 28 275 Copy of rosolufion includes the following items: ❑ ❑ ❑ ❑ 276 Commitment of Local Matching Funds 277 Specifies actual dollar amount Identified in Project Budget ❑ ❑ ❑ ❑ 278 Includes & identifies any amounts fo be credited, as applicable ❑ ❑ ❑ ❑ 279 Commitment of Supplemental Funds ❑ 280 Specifies actual dollar amount identified in Project Budget ❑ ❑ ❑ ❑ 281 Commitment to meeting cash flow requirements Required Documentation Version 1.0 (5120102) Page 11 of 18 6113102 Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist Resolution from Operating Jurisdiction's Governing Body (If different from applicant) 20440(e)(4), p. 28 [if a jurisdiction other than the applicant will operate the completed library, provide a resolution from the operating jurisdiction governing body] 286 Copy of resolution 287 Certifies commitment to operate the completed ❑ ❑ ❑ ❑ -facility & to provide public library direct service Private Funds (if applicable) 20440(e) (5), p. 29 288 Documentation regarding availability of private El El 13 Elfunds SECTION 2 - REQUIREMENTS FOR ALL JOINT USE PROJECTS In addition to the requirements for all applicants (Section 1), the following additional Information is required for all Joint Use Projects. State Library use APPLICANT USE in Compliance Included Document & SUBMITTAL_ REQUIREMENTS YES I NO ❑ YES NO Page Number 282 Certification of Project Budget of Application Form & supporting documents ❑ ❑ ❑ ❑ 283 Certification of accuracy and truthfulness of Application & supporting documents ❑ ❑ ❑ ❑ 284 Commitment to operate public library facility Number & classification of staff El 1:1 295 Volunteers, if applicable Li Li (unless facility will be operated by a jurisdiction ❑ ❑ ❑ ❑ 297 Ownership of site, facility, furnishings, ❑ ❑ equipment and library materials other than theapplicant) ❑ 298 Funding sources & uses 285 Commitment to at least 40 years of public library service 11 1:3 El Eldirect Resolution from Operating Jurisdiction's Governing Body (If different from applicant) 20440(e)(4), p. 28 [if a jurisdiction other than the applicant will operate the completed library, provide a resolution from the operating jurisdiction governing body] 286 Copy of resolution 287 Certifies commitment to operate the completed ❑ ❑ ❑ ❑ -facility & to provide public library direct service Private Funds (if applicable) 20440(e) (5), p. 29 288 Documentation regarding availability of private El El 13 Elfunds SECTION 2 - REQUIREMENTS FOR ALL JOINT USE PROJECTS In addition to the requirements for all applicants (Section 1), the following additional Information is required for all Joint Use Projects. Required Documentation Version 1.0 (5120102) Page 12 of 18 6/13102 Joint Use Cooperative Agreements 20440(d)(1), p. 26 & Appendix 2, p. 60 289 Cooperative Agreement ❑ ❑ ❑ ❑ 290 Agreement is between Public Library Jurisdiction that will operate the library & Public School ❑ ❑ District ❑ ❑ (Agreement includes.) 291 Roles and Responsibilities of each party 292 Description of joint library services 293 Hours of service for Public and Students 294 Number & classification of staff El 1:1 295 Volunteers, if applicable Li Li 296 Location of Joint Use Project 297 Ownership of site, facility, furnishings, ❑ ❑ equipment and library materials ❑ ❑ 298 Funding sources & uses Required Documentation Version 1.0 (5120102) Page 12 of 18 6/13102 Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist SUBMITTAL REQUIREMENTS State Library Use APPLICANT USE In Compliance Included YES NO Document & Page Number YES NO 299 Facility operation, maintenance, & management responsibilities ❑ ❑ ❑ ❑ 300 Review/modification process foragreement 308 11 ❑ ❑ ❑ 301 Field Actapplicability ❑ ❑ ❑ ❑ 302 Field Act rationale Summary ❑ 303 20 year commitment to joint use library services ❑ ❑ ❑ ❑ El 304 Ed. Code sec. 19999 and reg. section 20440 (e) (3) (G) incorporated re: provision of direct public library services for at least 40 years ❑ ❑ ❑ ❑ Community Library Needs Assessment 20440 (d)(2)(13), p. 26 (incorporate the following into the project Needs Assessment? 305 Overall Executive Summary 20440, Appendix 3, Item 2, p. 61 308 Description of K-12 student population & their ❑ ❑ ❑ ❑ needs included in the Overall Executive ❑ ❑ ❑ ❑ Summary 306 Needs Assessment Methodology 11 EJ El El20440, 20440(d)(2)(B), p. 26 & Appendix 3, Item 3 c, p. 61 Description of school and/or school district ❑ ❑ ❑ ❑ planning involvement included, including key school representatives Service Limitations of Existing School Library (1f applicable) for each category: 20440, Appendix 3, Item 7, p. 63 (Applies only if on existing school library will be improved or replaced) 307 Services needed but unavailable Library Plan of Service 20440 Appendix 4, pp, 67-68 (incorporate the following into the project Library Plan of Service) Technology 20440 Appendix 4 Item 7 p.68 308 Description of how electronic technologies will be used to meet needs of K-12 students ❑ ❑ ❑ ❑ 20440, Appendix 4, 7(b), . 68 309 Executive Summary includes K-12 student needs 11 EJ El El20440, Appendix 4(7)(c), . 68 Required Documentation Version 1.0 (5/20/02) Page 13 of iB 6/13/02 Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist State Library APPLICANT USE Use SUBMITTAL REQUIREMENTS In compliance Included Document & YES I NO YES I NO Page Number SECTION 3 - REQUIREMENTS FOR JOINT VENTURE PROJECTS ONLY In addition to the requirements for all applicants (Section 1) and all joint use applicants (Section 2), the following additional information is required for all Joint Venture Projects. Library Pian of Service 20440 Appendix 4, pp. 67-68 (lncotporate the following Into the project Library Plan of Service) Visual Record of School Library (Applies only if existing school lfbrary(s) will be improved or replaced) Types of Services to Be Offered 312 Photos or Videos included 20440, Appendix 4, Item 5, pp, 67-68 313 310 Description of how project Library Plan of Service ❑ D 0 ❑ will meet needs of K - i 2 students identified 311 Description of why the specific service was 0 0 0 0 seiected SECTION 4 -- REQUIREMENTS FOR CO -LOCATED LIBRARY PROJECTS ONLY In addition to the requirements for all applicants (Section 1) and all joint use applicants (Section 2), the following additional information Is required for all Co -Located Projects. SITE AND TITLE REQUIREMENTS Visual Record of the Existing Library 20440 (c)(4), p. 24 Visual Record of School Library (Applies only if existing school lfbrary(s) will be improved or replaced) 312 Photos or Videos included 313 Labeled w/Applicant & Project Names Required Documentation Version 1.0 (5120102) Page 14 of 18 6/13/02 Office or Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist 322 SUBMITTAL REQUIREMENTS State Library Use APPLICANT USE in Compliance Included YES NO Document & Pegs Number 7-T- YES NO 326 COMMUNITY LIBRARY NEEDS ASSESSMENT $14 Service Limitations of Existing School Library (if applicable) for each category: 20440, Appendix 3, Item 7, pp. 63-64 (Applies only if an existing school library will be improved or replaced) ❑ ❑ ❑ ❑ 330 315 Collections Other considerations 332 Executive Summary of Physical Limitations 316 Readers' Seatin ❑ 317 Staff Officers, workstations, visual supervision 318 Technology 319 Meeting Rooms ❑ ❑ ❑ ❑ 320 Special Purpose Miscellaneous 321 Executive Summary of Service Limitations 322 Physical Limitations of Existing School Library (if applicable) for each category: 20440, Appendix 3, Item 8, p. 64 ❑ ❑ ❑ ❑ (Applies only if there is an existing school library) 323 Structural 234 Energy Conservation 325 Health & Safety 326 Disabled Access 327 Acoustics Ll 328 Space flexibility/expandability 329 Functional spatial relationships 330 Site 331 Other considerations 332 Executive Summary of Physical Limitations Library Pian of Service 20440 Appendix 4, pp. 67-68 (Incorporate the following Into the project Library Plan of Service) 333 Mission Statement 20440, Appendix 4, Item 3, p. 67 ❑ ❑ ❑ ❑ School mission statement for library services to students included 'types of Services to Be Offered 20440, Appendix 4, Item 5, pp, 67-68 334 Description of how project Library Flan of Service ❑ ❑ ❑ ❑ will meet needs of K-12 students identified 335 Description of how services planned differ from what the Public Library would provide without ❑ ❑ ❑ ❑ the joint use agreement Required Documentation Version 1.0 (5/20/02) Page 15 of 18 6/13/02 Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist State Library APPLICANT USE Use SUBMITTAL REQUIREMENTS In Compliance Included Document & YES NO YES I NO Page Number SECTION 5 - REQUIREMENTS FOR PROJECTS TO REMODEL EXISTING LIBRARIES (WITH OR WITHOUT EXPANSION) ONLY In addition to the requirements for all applicants (Section 1) and any other applicable checklist sections, the following additional information is required for all projects to remodel an existing library, with or without expansion. 336 (FIRST PRIORITY REMODELING EXISTING LIBRARY 340 Structural 341 Done by licensed engineer PROJECTS ONLY) ❑ ❑ ❑ ❑ Done by CalEPA or Ccl0SHA consultant Letter From School Superintendent Energy Audit ❑ 345 Done by licensed en ineer ❑ 346 20434 b l B l b. p. 12 ❑ 347 Done by ADA consultant ❑ 348 337 Letter indicates library site is within attendance ❑ ❑ ❑ ❑ area of the identified school 338 Letter indicates none of the school buildings has incoming telecommunication speed greater ❑ ❑ ❑ ❑ than 512K bps at time of application 339 Public school attendance area map showing project site within area ❑ ❑ ❑ ❑ 20434(b)(1)(13)(2), p. 12 Required Documentation Version 1.0 (5120/02) Page 16 of 18 6/13102 Studies 20440(c)(12), pp. 25-26 340 Structural 341 Done by licensed engineer ❑ 342 Hazardous Materials El El 343 Done by CalEPA or Ccl0SHA consultant 344 Energy Audit ❑ 345 Done by licensed en ineer ❑ 346 ADA Accessibility ❑ 347 Done by ADA consultant ❑ 348 Project Feasibility ❑ 349 Done by licensed architect or engineer Required Documentation Version 1.0 (5120/02) Page 16 of 18 6/13102 Office of Library Construction — California State Library Title 5 Library Bond act Grant Application Checklist State Library APPLICANT USE Use SUBMITTAL REQUIREMENTS In compliance Included Document & YES I NO YES I NO Page Number SECTION 6 - REQUIREMENTS FOR CONVERSION PROJECTS (WITH OR WITHOUT EXPANSION) ONLY In addition to the requirements for all applicants (Section 1) and any other applicable checklist sections, the following additional information is required for all projects to convert an existing building into a public library, with or without expansions. 350 Building Appraisal (All applicants who will be converting an existing building into a public library are required to submit a Preliminary ritle Report for the building. !f not currently owned by the applicant, the report is to be obtained from the current owner.) 354 Preliminary Title Report ❑ ❑ 20436 (a)(1), p. 14 ❑ ❑ 355 Names and addresses of owners & their interests ❑ 363 (MULTIPURPOSE CONVERSION PROJECTS: submit ❑ ❑ ❑ ❑ 364 appraisal for only the public library portion of the 357 Easements/Encumbrances IT- EJ El buildin ) Plat or Survey Li El ❑ 351 Completed by independent appraiser ❑ ❑ ❑ 352 Completed by licensed State Certified General ❑ ❑ ❑ ❑ Indicate that exceptions don't diminish use of ❑ ❑ Real Estate Appraiser ❑ buildino for public library 353 Completed no more than one year from ❑ ❑ ❑ ❑ ❑ ❑ applicotlon deadline the State's interest ion the property Obtaining Marketable Record Title 20438 (c), pp. 21-22 (All applicants who will be converting an existing building into a public library are required to submit a Preliminary ritle Report for the building. !f not currently owned by the applicant, the report is to be obtained from the current owner.) 354 Preliminary Title Report ❑ ❑ ❑ ❑ ❑ 355 Names and addresses of owners & their interests ❑ 363 El 1 356 Property description El❑ ❑ 364 1 Agreement to donate the building 357 Easements/Encumbrances IT- EJ El 358 Plat or Survey Li El ❑ 359 Attorney's Opinion re: Exceptions (if ❑ ❑ ❑ ❑ applicable) 360 Indicate that exceptions don't diminish use of ❑ ❑ ❑ ❑ buildino for public library 361 Indicate that exceptions don't diminish or limit ❑ ❑ ❑ ❑ the State's interest ion the property Required Documentation Version 1.0 (5120/02) Page 17 of 16 6/13/02 Building Ownership 20440 (c)(9), p. 25 (Submit one of the following.) 362 Verification of ownership, or ❑ ❑ 363 Executed Option to Purchase Agreement, or ❑Li ❑ 364 1 Agreement to donate the building ❑ Required Documentation Version 1.0 (5120/02) Page 17 of 16 6/13/02 Office of Library Construction - California State Library Title 5 Library Bond Act Grant Application Checklist ti Required Documentation Version 1.0 (5120102) Page 18 of 16 6113/02 SUBMITTAL REQUIREMENTS State Library Use APPLICANT USE In Compliance YES NO Included Document & YES NO Page Number Studies 20440 c 12 , pp. 25-26 365 Structural El 366 Done by licensed engineer 367 Hazardous Materials ❑ ❑ 368 Done by CoIEPA or CaIOSHA consultant ❑ 369 Energy Audit ❑0 EJ 370 Done by licensed en €neer ❑ El Li 371 ADA Accessibility ❑ ❑ 372 Done by ADA consultant ❑ 373 Project Feasibility ❑ El Li 374 1 Done by licensed architect or en (neer ❑ T Required Documentation Version 1.0 (5120102) Page 18 of 16 6113/02 AGENDA NO. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JUNE 4, 2002 STUDY SESSION: Mayor Chang called the Study Session to order ai 5:10 p.m. in the SCAQMD/Government Center, Room CC -8, 21865 E. Copley Dr., Diamond Bar, CA. Present: Council Members Herrera, Huff, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Also present were: Linda Lowry, City Manager; Mike Jenkins; 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; Kirk Phillips, Assistant Engineer; April Blakey, Public Information Manager and Todd Strojny, Sr. Administrative Assistant. DISCUSSION OF THE 2002-03 FISCAL YEAR BUDGET MPT/O'Connor questioned the amount for special legal counsel. CM/Lowry suggested reducing the $100,000 amount down to $25,000. C/Herrera questioned reducing the amount based solely on the Lanterman matter. Other issues may arise that would require special counsel services. CM/Lowry explained that she has created divisions in order to be able to make more specific disclosure to Council and the public as to how the City's funds are being allocated. In response to MPT/O'Connor, DCM/Doyle explained that International Promotional Items are those that are given to visiting delegations from outside the U.S. that come to D.B. MPT/O'Connor asked if the rest of the Council was comfortable with the line item for "live plants and maintenance" $2,500 plus $2,000 for annual maintenance. Council generally concurred to provide this service. C/Herrera asked for an explanation of the $6,500 banking fee. CM/Lowry said those are actual fees charged by Wells Fargo to service the City's accounts. She explained that FD/Magnuson would be shopping around to see if that is the best deal the City could get. FD/Magnuson explained that there are check and deposit charges. The $12,000 credit card charge is for fees charged by the credit card company when individuals pay the City by credit card. The fee is offset by a $5.00 (electronic) service charge on each transaction. JUNE 4, 2002 PAGE 2 CC STUDY SESSION MlChang reported that Captain Yim indicated he would do his best to maintain the current quality of service at relatively the same cost as last year. C/Herrera requested that, in light of the September 11 event, the City put together a panel discussion to inform the general public of the divisions of responsibility in the event of a disaster. MPT/O'Connor wanted this service provided to the schools as well. DCM/DeStefano and CSD/Rose explained departmental changes and related budget effects. In response to MPT/O'Connor, CSD/Rose explained that the videography budget is staff's attempt to meet Council's goal of increasing programming on Channel 17. *His department prepared an RFP to find a more suitable vendor because the quality of the videos provided by Adelphia are not acceptable. C/Huff thought that the budget amount should be reduced by half and that this matter should be approached more cautiously and let staff pick the more important events. He was more concerned with quality of the taped City Council meetings. CA/Jenkins did not see a legal problem with Council Members appearing on videotape. Council generally concurred to trim the videography budget by one-third or one- half of the amount currently budgeted. MlChang suggested that the two video budget items be combined and that the current economic development contractor be used as much as possible, making certain that the vendor understands the quality sought by the City. C/Zirbes suggested a videography budget of $12,000. CIHuff concurred. DCM/DeStefano felt that there was enough to keep the contractor occupied with current projects to the full extent of his contract. DPW/Liu explained his budget items. CIHuff was concerned about the deteriorating streets and the fact that slurry seal projects are temporary fixes. He thought the City should prepare an infrastructure plan. DPW/Liu said there would be a need for asphalt and cement replacement -- especially in the heavily traveled residential areas. JUNE 4, 2002 PAGE 3 CC STUDY SESSION CM/Lowry explained how the General Fund transfer -out number filters back into the Capital Improvement Plan. C/Zirbes felt the City should move forward with the e -government program. CIHuff concurred. C/Herrera needed more time to read over the decision package items presented this evening before making a final decision. CM/Lowry suggested completing the discussion during the regular City Council meeting. Council concurred. ADJOURNMENT: There being no further business to conduct, M/Chang adjourned the study session at 6:35 p.m. LYNDA BURGESS, City Clerk ATTEST: Mayor Wen Chang Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MAY 14, 2002 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Nelson led in the pledge of allegiance. 1. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Steve Tye and Commissioners Steve Nelson, Dan Nolan and Jack Tanaka. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of April 23, 2002. C/Nelson moved, C/Nolan seconded, to approve the Minutes of the Regular Meeting of April 23, 2002, as presented. Without objection, the motion was so ordered. 5. OLD BUSINESS: None. 6. NEW BUSINESS: None. MAY 14, 2002 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Conditional Use Permit No. 2202-04 is a request (pursuant to Code Section 22.42.G.4.) to install a rooftop telecommunications paging facility consisting of two 14 -foot high whip antennas, one dish antenna, two GPS antennas and one equipped cabinet. PROJECT ADDRESS PROPERTY OWNER: APPLICANT: APPLICANT'S AGENT: 21725 Gateway Center Drive Diamond Bar, CA 91765 Diamond Bar Hotel Fund 21725 Gateway Center Drive Diamond Bar, CA 91765 Skytel 515 E. Amite Street Jackson, MS 39201 Mericom Corp. 4700 Northgate Boulevard #160 Sacramento, CA 95834 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Conditional Use Permit No. 2002-04, Findings of Fact, and conditions of approval as listed within the resolution. Boudewijn Hanrath, Mericom Corporation, 167 Technology Drive, Irvine, agents for Skytel, said he read staff's report and concurs with the conditions of approval. The antenna will project 14 feet above the parapet. An Omni antenna is omni -directional and points in all directions. VC/Tye asked if the antenna could be moved to the center of the building roof so as not to be visible from street level. Mr. Hanrath said that the structure would eat up a substantial amount of the propagation and would therefor have to be much higher. Chair/Ruzicka opened the public hearing. MAY 14, 2002 PAGE 3 PLANNING COMMISSION There being no one present who wished to speak on this matter, Chair/Ruzicka closed the public hearing. C/Nolan moved, C/Tanaka seconded, to approve Conditional Use Permit No. 2002-04, Findings of Fact, and conditions or approval as listed within the resolution. AssocP/Lungu asked that Condition 5(I) on page 5 be reworded as follows: "All cable on the exterior of the building shall be flashed and painted to match the existing building." Chair/Ruzicka applauded the Gateway Corporate Center architectural committee for keeping tops of buildings as aesthetically pleasing as possible and hoped they would continue in the vein. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Tanaka, Nelson, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2002-05 (pursuant to Code Section 22.48.020.A(1)) is a request to remodel and add approximately 1,533 square feet to an existing 1,304 square feet single family residence including the two car garage. PROJECT ADDRESS: 2953 Rising Star Drive Diamond Bar, CA 91762 PROPERTY OWNER: Kenneth and Luna Chu 2953 Rising Star Drive Diamond Bar, CA 91765 APPLICANT: Chien Yeh 1274 E. Center Court Drive #211 Covina, CA 91724 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-05, Findings of Fact, and conditions of approval as listed within the resolution. MAY 14, 2002 PAGE 4 PLANNING COMMISSION Chien Yeh, architect, said that he read staff's report and concurs with the conditions of approval as outlined. Mr. Yeh indicated to VC/Tye that he understands that Condition 5(o) precludes a patio cover and that the condition presents no obstacle for the property owner. Chair/Ruzicka opened the public hearing. There being no one who wished to speak on this matter, Chair/Ruzicka closed the public hearing. C/Nelson moved, C/Nolan seconded, to approve Development Review No. 2002-05, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nelson, Nolan, Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS: VC/Tye said that in his opinion, Diamond Bar Honda shows wanton disregard for rules and regulations. The City has bent over backward for this company and in fact, changed its development code for their benefit. He asked that the matter be agendized for review by the Planning Commission to bring them into compliance with the sign ordinance. DCM/DeStefano reported that he has a meeting scheduled with Diamond Bar Honda later this week to discuss the violations of the sign code that exists on their property as well as, other issues. He expects that Diamond Bar Honda will act immediately to remedy the situation. However, if they do not do so, code enforcement will issue a notice to correct and the matter will take its natural course. 9. INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. DCM/DeStefano reported that staff would schedule a public hearing before the Planning Commission in about 80 days as directed by the City Council. The purpose of the public hearing is to consider a zone change for the MAY 14, 2002 PAGE 5 PLANNING COMMISSION Diamond Village/Kmart/Gentle Springs area from Diamond Bar Boulevard to the SR 60 and Prospectors Road. 10. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 7:35 p.m. iy Submitted, James DeStei Deputy City M Attest: Chairman o -F -Au 'cka Agenda No. 6.3 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem O'Connor and Councilmember Huff FROM: Linda G. Magnuson, Finance Director �1 SUBJECT: Voucher Register, June 18, 2002 DATE: June 13, 2002 Attached is the Voucher Register dated June 18, 2002. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOIJ17HF-R REGISTER APPROVAL. The attached fisting of vouchers dated June LC1, 2002. have beers rvviewed, approved, and recommended for payment. Payments art! hereby allowed Fr•oa, the following funds in these amounts FUND DESCRIPTION RREPA I D VOUCHERS 10 T AL 041 GENERAL. FUND 146,318.30 156.879.54 3n:?,,t96.84 Oil CON ORGANIZATION SUPPORT 2,900.00 .00 2 , 990.00 112 PROP A - TRANSIT FUND .OU 12,349.15 12,349.15 1 113 AIF; ULT Y I MPR FD (A82 766) 12.000.00 -00 12,000.00 125 COM DFV bi.-F'. URANT FUND .OF) 131.00 131 -00 1.26 CITIZENS Of"l --PUBLIC SFTY 30:3.87 1619. 95 473.82 13."• LL Aly it='C FUND .00 37,497.34 37,497.-44 13? LLAD #3*;, PUNT) _00 11,1622-27 11,16,-,27 141 LL.AD 041 FUND . 00 e, 469.78 c, , 469.7^ .250 CAPITAL I MPROV JPROJ FUND . nti 1:_5 , 316.79 125,316. 7-1-4 510 SELF INSURANCE FUND .00 156,24-e.00 156,249.00 530 COMPUTER Fit-F'L.ACEMENT FUNrj . coo 136.13 1;36.2--1 REPORT FOR OLL FUNDS APMOVEU BY: Lands 0. KeQYiunon Finance Dir-ector day Lr1wry City Manager 161,522.17 500 , a6o . 05 669,882.2'2 Deborah H. O'Connor Mayor Pro Tom CRR er-t S. Hu Councilmember CITY OF EIMND BAR RUN DATEI 06/13/2002 11;3327 VOUCHER REGISTER PAGE; 1 DUE THRUI 06/18/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK AARP 0015350-45300-- MATURE DRIVING CLASS 130.00 06/1812002 50632 TOTAL PREPAID$ 130.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 130.00 ADE INC 0014090-44000-- 11643 2237005 GRANT WRITING SVCS -APR 02 2,269.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,269.00 TOTAL DUE VENDOR 2,269.00 ADELPHIA 0014090-42130-CC302-42130 CABLE MODEM -COUNCIL 42.95 TOTAL PREPAID$ .00 TOTAL VOUCHERS 42.95 TOTAL DUE VENDOR 42.95 AGRICULTURAL COMM. WGHTS & MEASURES 11521 0014431-45403-- 12025 20946 TRAPPING SVCS -APRIL 02 1,114.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,114.07 TOTAL DUE VENDOR 1,114.07 ALPERT'S PRINTING INC 0014030-42110-- 24334 PRINT SVCS -BUS CARD 67.56 0014010-42110-CC502-42114 24334 PRINT SVCS -BUS CARD 33.78 TOTAL PREPAIDS. .00 TOTAL VDUCHER5 101.34 TOTAL DUE VENDOR 101.34 AMERICAN CLASSIC SANITATION 0015340-42139-- 11521 57188 RENT & SVC-PRTBLS LORBEER 67.44 0015:,40-42130-- 11521 54872 RENT & SVC-PRTBLS LORBEER 67.44 0015340-42130-- 11521 62333 RENT & SVC-PRTBL5 LORBEER 72.85 0015;5440-42130-- 11521 57187 RENT & SVC-PRTBLS LORBEER 72.85 0015340-42130-- 11521 62334 RENT & SVC-PRTBLS LDRBEER 67.44 0015340-42130-- 11521 54871 RENT & SVC-PRTBLS LORDEER 72.85 TOTAL PREPAIDS X00 TOTAL VOUCHERS 420.87 TOTAL DUE VENDOR 420.87 AMERICDMP IMAGING SYSTEMS GROUP 5304090-42205-- 11460 76901 MAINT SVCS -PRINTER 136.23 TOTAL PREPAIDS .00 TOTAL VOUCHERS 136.23 TOTAL DUE VENDOR 136.23 APPLEDNE EMPLOYMENT SERVICES 0014040-44000-- 11823 CA -4195477 TEMP SVCS -WK 5111 519.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 519.60 TOTAL DUE VENDOR 519.60 CITY 13F DIAMOND BAR ! RUN DATE. 06/13/2002 11:33:27 VOUCHER REGISTER PAGE: 2 DUE THRU• 06/1812002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK AT&T 0014090-42125-•- LONG DIST CHRGS-GENERAL 507.99 06/18/2002 50634 0014095-42125-- LONG DIST CHRGS-ECA DEV 53.84 06/18/2002 50634 0015340-42125-- LONG DIST CHRGS-PARKS 71.27 06/18/2002 50634 TOTAL PREPAIDS 633.10 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 633.10 BATTERY SALES UNLIMITED 0014440-41200-- 5206 SUPPLIES-EMER PREP 302.8E TOTAL PREPAIDS ,00 TOTAL VOUCHERS 302.98 TOTAL DUE VENDOR 302.88 PEST LIGHTING PRODUCTS 0015340-42210-- 2629-5219 ELECT SVCS -HERITAGE PARK 147.41 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 147.41 TOTAL DUE VENDOR 147.41 BOISE CASCADE OFFICE PRODUCTS 0014090-41204-- PO 11791 SUPPLIES -GENERAL 130.51 0014090-41200-- PO 11791 SUPPLIES -GENERAL 194.79 0015350-41200-- PO 11791 SUPPLIES -RECREATION 93.99 0015350-41200-- PG 11791 SUPPLIES -RECREATION 91.83 0014090-41200-- PO 11791 SUPPLIES -GENERAL 27.95 0014090-41200-- PG 11791 SUPPLIES -GENERAL 25.88 0015210-41200-- PG 11791 SUPPLIES -PLANNING 221.68 0015510-•41200-- PO 11791 SUPPLIES -PUBLIC WORKS 51.62 0015210-41200-- PO 11791 SUPPLIES -PLANNING 25.92 0015210-41200-- PO 11791 SUPPLIES -PLANNING 139.49 0015510-41200-- PO 11791 SUPPLIES -PUBLIC WORKS 380.16 0015210-41200-- PO 11791 SUPPLIES -PLANNING 26.74 0014090-41200-- PO 11791 SUPPLIES -GENERAL 108.30 0014090-41200-- PO 11791 SUPPLIES -GENERAL 128.23 0014070-41260-- PO 11791 SUPPLIES -GENERAL 560.74 0014090-41200-- PO 11791 SUPPLIES -GENERAL 39,61 0015210-41200-- PO 11791 SUPPLIES -PLANNING 23.90 0015510-41200-- PO 11791 SUPPLIES -PUBLIC WORKS 5.80 0015510-41200-- PO 11791 SUPPLIES -PUBLIC WORKS 51.83 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,318,87 TOTAL DUE VENDOR 2,318.87 BONiERRA CONSULTING 001-23011-- 2330 PROF.SVC5-FER 96-2B 1,423.14 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,423.14 TOTAL DUE VENDOR 1,423.14 CITY OF DIAMOND BAR RUN DATE: 06/13/2002 11:33:27 VDi1CHER REGISTER PAGE: 3 DUE THRU: 06/18/2002 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT BRANDT COMMERCIAL SIGNS 1395538-46410-- 11867 4926 REPAIR SVCS -MONUMENT SION 2,999.75 1385538-46410-- 12042 4926 1NSTALL/REPAIR-MONUMENT 1,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,999.75 TOTAL DUE VENDOR 3,999.75 SHELIMIE BRUNER 001-23002-- 52322 PARK DEP REFUND -HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 CA .JOINT POWERS INSURANCE AUTHORITY 0014090-40033-- WORKERS COMP DEP-FY 02/03 13,851.00 51040$1-47200-- GNL LIABILITY DEP-FY02/03 156,249.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 170,100.00 TOTAL DUE VENDOR 170,100.00 CALSENSE INC 138553846410-- 11975 012317 LANDSCAPE MAINT-DIST 38 14,175.34 TOTAL PREPAIDS .00 TOTAL VOUCHERS 14,175.34 TOTAL DUE VENDOR 14,175.34 KAREN CA19AJ 001-22002-- 52233 PARK. DEP REFUND -HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 CHARLES ABBOTT ASSOCIATES INC 0015551-45223-- 12002 9286 PROF.SVCS-PLAN CHECK 127.50 0015510-45227-- 11220 9278 PROF.SVCS - INSPECTION 201.00 0015510-45227-- 11984 9284 PROF.SVCS-PLAN CHECK 93.00 0015510-45227-- 11726 9276 PRDF.SVC5-INSPECTION 697.50 0015510-45227-- 11937 9280 PROF.SVCS-INSPECTION 372.00 0015510-45227-- 11965 9283 PROF.SVCS-PLAN CHECK 127.50 0015510-45227-- 11924 9281 PROF.SVCS-INSPECTION 34.50 0015510-45227-- 11888 9279 PROF.SVCS-INSPECTION 81.00 0015510-45227-- 11831 9277 PROF.SVCS-INSPECTIDN 171.00 001;55I-45223-- 12003 9287 PROF.SVCS-PLAN CHECK 127.50 0015551-45223-- 12004 9288 PROF.SVCS-PLAN CHECK 127.50 0015551-45223-- 11912 9285 PROF.SVCS-PLAN CHECK 127.50 0015510-45227-- 193E 9262/P011938 PROF=SVGS-INSPECTION 127.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,415.00 TOTAL DUE VENDOR 2,415.00 CHARLIES SANDWICH SHOPPE 0014090-42325-- 001969 MTG SUPPLIES -COUNCIL MTG 37.13 TOTAL PREPAIDS .00 TOTAL VOUCHERS 37.13 TOTAL DUE VENDOR 37.13 PREPAID DATE CHECK. D & J MUNICIPAL SERVICES, INC 2505310-46415-- 11976 02-03 PROF.SVCS-PLAN CHEC17 800.00 0015340-46410-- 11976 02-02 PROF.5VC5-PLAN CHECK 450.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 1,250.00 TOTAL DUE VENDOR 1,250.00 D'ANTONIO'S RISTORANTE 0114010-42355-- COMM ORGANIZATION SUPPORT 50.00 06/1$/2002 50630 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 50.00 CI11E OF DIAMOND BAR i RUN DATE: 06/13/2002 11:33:27 VOUCHER REGISTER PAGE: 4 DUE THRU: 06/18/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CHURCH IN THE VALLEY 001-23002-- 52326 PARK DEP REFUND -HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 CINTAS CORPORATION 0015310-41200-- 150511707 .00 0015310-42130-- 150511705 UWRM RNTL-WK 5/27 20.31 0015310-42130-- 11270 150502052 UNFRM RNTL-WK 5/06 20,31 0015310-41200-- 11270 150511705 UNFRM RNTL-WK 5/27 20.31 001510-42130-- 11270 150508491 UNFRM RNTL-WK 5/20 20.31 0015310-42130-- 11270 150505276 UNFRM RNTL-WK 5/13 20.31 0015,10-42130-- 11270 150498919 UNFRM RNTL-WK 4129 20,31 0015310-42130-- 11270 150511705 UNFRM RNTL-WK 5/277 20.31 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 142.17 TOTAL DUE VENDOR 142.17 CITY OF LAVERNE 0014411-45405-- JUL 01 PRKG CITE HRGS-MAY 02 21.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 21.00 TOTAL DUE VENDOR 21.00 CONRAD & ASSOCIATES 0014050-44010-- 11693 8761 PROF.SVCS-AUDITING 3,600.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,600.00 TOTAL DUE VENDOR 3,600.00 CHRISTI CUNICO 001-23002-- 52389 PARI; DEP REFUND-SUMMITRDG 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 VICKY CUPP 0015350-45300-- PD 11738 CONTRACT CLASS -SPRING 268.00 TOTAL PREPAIDS ,p0 TOTAL VOUCHERS 288.00 TOTAL DUE VENDOR 288,p0 D & J MUNICIPAL SERVICES, INC 2505310-46415-- 11976 02-03 PROF.SVCS-PLAN CHEC17 800.00 0015340-46410-- 11976 02-02 PROF.5VC5-PLAN CHECK 450.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 1,250.00 TOTAL DUE VENDOR 1,250.00 D'ANTONIO'S RISTORANTE 0114010-42355-- COMM ORGANIZATION SUPPORT 50.00 06/1$/2002 50630 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 50.00 DIAMOND BAR AUTOMOTIVE 0015310-42200-- 12045 15119 CITY OF DIAMOND BAR 1,178.89 'RUN DATE: 06/13/2002 11;33:27 15375 VOUCHER REGISTER PAGE: 5 0015210-42200-- 15426 DUE THRU: 06/18/2002 49.70 0014090-42200-- 15046 MAINT-POOL VEH 99 SEEP PREPAID FUND/SECT-ACCT-PROJECT-ACCT PD 4 INiVVDICE DESCRIPTION AMOUNT DATE CHECK DAY k NITE COPY CENTER TOTAL PREPAIDS .00 0014050-42110-- TOTAL VOUCHERS 148683 PRINT SVCS-PRELMNRY BUDGT 481.17 TOTAL DUE VENDUR TOTAL PREPAIDS .00 TOTAL VOUCHERS 481.17 TOTAL DUE VENDOR 461.17 DEANE HOMES SWIM CLUB 0015350-42140-- 12041 2093 FACILITY RNTL-SAN-MAR 02 I,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,000.00 TOTAL DUE VENDOR 1,000.00 DELTA CARE 41 001-21104-- PP 10-11 MUNE 02 -DENTAL PREMIUMS 394.01 06/18/2002 50648 TOTAL PREPAIDS 394.01 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 394.01 DELTA DENTAL 001-21104-- JUNE 02 -DENTAL PREMIUMS 1,457.24 06/1812002 50640 TOTAL PREPAIDS 1,467.24 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,467.24 CAROL DENNIS 0014040-44000-- 11410 BBCCO52102 PROF.SVCS-CC,CNCL 5/21 200.00 TOTAL PREPAIDS .il0 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 DEWAR LUNDIN & ASSOCIATES 2505215-46420-17202-46420 11859 DB -030-.'. DESIGN SVCS-CDBG SIDEWALK 1,200.00 TOTAL MPAIDS ,00 TOTAL VOUCHERS 1,200.00 TOTAL DUE VENDOR 1,200.00 DIAMOND BAR AUTOMOTIVE 0015310-42200-- 12045 15119 MAINT-95 GMC TRUCK 1,178.89 0015310-42200-- 15375 MAINT-COMM SVCS 95 GMC 264,22 0015210-42200-- 15426 MAINT-CODE ENFRMNT 99 RAM 49.70 0014090-42200-- 15046 MAINT-POOL VEH 99 SEEP 452.71 0015310-42200-- 15042 MAINT-COMM SVCS 98 F250 320.67 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,266,19 TOTAL DUE VENDUR 2,266.19 DIAMOND BAR AUTOMOTIVE SERVICE 0015554-42200-- 01165 MAINT-ROAD MAINT 00 FORD 275.36 0015554-42200-- 01097 MAINT-ROAD MAINT 00 FORD 495.60 0015210-42200-- 01024 MAINT-CODE ENFRCMNT 99RAM 26.44 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 797.40 TOTAL DUE VENDOR 797.40 CITY OF DIAMOND BAR RUN DATE: 06/13/2002 11:33:27 COMM DRO SUPPORT VOUCHER REGISTER PAGE: 6 TOTAL PREPAIDS 2,000.00 DUE THRU: 06/1812002 TOTAL VOUCHERS .00 TOTAL DUE VENDOR PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK DIAMOND BAR CHINESE ASSOCIATION 50.00 06/18/2002 50636 TOTAL PREPAIDS 0114010-42355-- COMM ORGANIZATION SUPPORT 600.00 06/18/2002 50635 TOTAL DUE VENDOR TOTAL PREPAIDS 600.00 TOTAL VOUCHERS .00 14.38 TOTAL DUE VENDOR 600.00 DIAMOND BAR HAND CAR WASH TOTAL VOUCHERS 14.38 0015210-42200-- 11307 APRIL 02 CAR WASH-NBRHD IMP 21.98 0014090-42200-- 11307 APRIL 02 CAR WASH -POOL VEH 75.24 0015510-42200-- 11307 APRIL 02 CAR WASH -ROAD MAINT 10.99 0015310-42200-- 11307 APRIL 02 CAR WASH -COMM SVCS 26.96 3,900.00 DIRECT CONNECTION INCORP TOTAL PREPAIDS .00 0015510-42115-- 11923 6534 PRINTS SVCS -PUBLIC WORKS TOTAL VOUCHERS 135.17 TOTAL PREPAIDS .00 TOTAL DUE VENDOR 135.17 DIAMOND BAR POP WARNER 0114010-42355-- COMM ORG SUPPORT 100.00 06/18/2002 50651 TOTAL PREPAIDS 100.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 100.00 DIAMOND BAR SISTER CITY, INC 0114010-42355-- COMM DRO SUPPORT 2,000.00 06/18/2002 50650 TOTAL PREPAIDS 2,000.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 2,000.00 DIAMOND PALACE CHINESE RESTAURANT 0114010-42355-- COMM ORGANIZATION SUPPORT 50.00 06/18/2002 50636 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 50.00 DIAMOND PHOTO 0015350.42112-- 407423 PHOTO DEV -RECREATION 14.38 TDTAL PREPAIDS .00 TOTAL VOUCHERS 14.38 TOTAL DUE VENDOR 14.38 DIAMOND ROOFING 0+315340-42210-- 11931 L-1334 ROOF REPLCD-HERITAGE C/CT 3,900.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,900.00 TOTAL U VENDOR 3,900.00 DIRECT CONNECTION INCORP 0015510-42115-- 11923 6534 PRINTS SVCS -PUBLIC WORKS 1,711.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,711,25 TOTAL DUE VENDOR 1,711.25 CITY OF DIAMOND BAR RUN DATE: 06/13/2002 11:3327 VOUCHER REGISTER PAGE. 7 DUE THRU: 06/18/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DIVERSIFIED PARATRANSIT INC 1125553-45529-- 11412 05/15/2002 DIAMOND RIDE -5/01-05/15 12,349.15 TOTAL PREPAIDS .00 TOTAL VOUCHERS 12,349.15 TOTAL DUE VENDOR 12,349.15 DDD DEALERS, INC 0015350-45300-- CONTRACT CLASS -SPRING 108.00 TOTAL PP.EPAIDS .00 TOTAL VOUCHERS 108.00 TOTAL DUE VENDOR 10$.00 DREAMER APPLIANCE 0015340-42210-- 21805 MAINT-HERITAGE PARK 197.95 0015340-42210-- 21624 MAINT-HERITAGE 82.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 279.95 TOTAL DUE VENDOR 279.95 SHIRLEY DROZDOW5KI 001-34780-- 4$371 RECREATION REFUND 30.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 30.00 TOTAL DUE VENDOR 30.00 MIME EARS 0015350-45300-- 11597 CONTRACT CLASS -SPRING 414.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 414.00 TOTAL DUE VENDOR 414.00 EDUCATION TO GO, INC 001`.,50-45300-- 808794 CONTRACT CLASS -SPRING 174.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 174.00 TOTAL DUE VENDOR 174.00 SHARON ELLIS 001-210002-- 52456 PARK DEP REFUND-SUMMITRDG 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 ROBERT ESPINOZA 001-23042-- 52327 PARK. DEP REFUND-REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 SUSANA FLORES 001-34780-- 48409 RECREATION REFUND 65.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 65.00 TOTAL DUE VENDOR 65.00 RUN DATE: 06/13/2002 11:3327 FUND/SECT-ACCT-PROJECT-ACCT KAfPRIE LYNN GARCIA 001-23002-- GFB FRIEDRICH & ASSOCIATES INC 1395539 -44000 -- 1385538 -44000 -- 1415541 -44000 -- GLENN'S REFRIGERATION 0415340 -42210 -- SHARON GOMEZ 0015510 -42325 -- GRAFFITI CONTROL SYSTEMS 0015558 -45520 -- GREEN GARDEN RESTAURANT 0114010 -42355 -- HALL & FOREMAN,INC 0015551-45223-- 0015551 -4523 -- 0015551-45223-- 401-23012-- 001`510-45227-- 0015510-45227--- 0015 1C3-452?_7- 0015551-45223-- CITY OF DIAMOND BAR VOUCHER REGISTER PAM: 8 DUE THRU. 06/18/2002 PO # INVOICE DESCRIPTION 523397 PARK DEP REFUND-PANTERA TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PREPAID AMOUNT DATE CHECK 50.00 .00 50.00 50.00 11930 0205-27 LANDSCAPE ASSMNT-DIST 39 1,213.32 11930 0205-27 LANDSCAPE ASSMNT-DIST 38 1,213.32 11930 0205-27 LANDSCAPE ASSMNT-DIST 41 1,213.32 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,639.96 TOTAL DUE VENDOR 3,639.96 22596 REPAIR SVCS-PANTERA PK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR REIMB-ENVIRONMTNL COW TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 11132 DB5/02 GRAFFITI RMVL-MAY 02 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR ' COMM ORGANIZATION SUPPORT TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 11913 12-04-068 PROF.SVCS-PLAN CHECK 11940 12-04-066 PROF.SVCS-PLAN CHECK 11971 12-04-062 PROF.SVCS-PLAN CHECK 12-04-067 PROF.SVCS-EN 02-325 11692 12-04-066 PROF.SVCS-PLAN CHECK:. 11717 12-04-063 PROF.SVCS-PLAN CHECK 11765 12-04-065 PROF. SVCS -PLAN CHECK 11974 12-04-064 PROF.SVC5-PLAN CHECK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 455.00 .00 455.00 455.00 6.00 .00 6.00 6.00 1,680.00 .00 1,680.00 1,680.00 50.00 06/18/2002 50637 50.00 .00 50.00 95.63 63.75 95.63 1,640.00 387.68 77.82 127.50 127.50 .00 2,615.51 2,615.51 CITY OF DIAMOND BAR ftUN HATE: 06/13/2002 11:33:27 V0JCFER REGISTER PAGE: 9 DUE THRU: 06/18/2002 PREPAID FUND/SECT-ACCT-PRGJECT-ACCT PD # INVOICE DESCRIPTION AMOUNT DATE CHECK HIRSCH & ASSOCIATES INC 2505310-46415-15700-46415 11861 0001 RE#5 ADA RETROFIT-SYC CCN PK 125.92 TOTAL PREPAIDS .00 TOTAL VOUCHERS 125.92 TOTAL DUE VENDOR 125.92 HOME DEPOT 0015340-42210-- SUPPLIES -PARKS 137.14 0015340-42210-- SUPPLIES-SYC CYN PK 154.14 0015310-41200-- SUPPLIES -COMM SVCS 54.08 TOTAL PREPAIDS .00 TOTAL VOUCHERS 345.36 TOTAL DUE VENDOR 345.36 ICMA RETIREMENT TRUST -457 001-21108-- PP 12/02 PAYROLL DEDUCTIONS 18,910.90 06/18/2002 50547 TOTAL PREPAIDS 18,910,90 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 18,910.90 INLAND VALLEY DAILY BULLETIN 1255215-42115-- 91357 AD-COBG IMPROVEMENT PROJ 131.00 001-23030-- 29625 LEGAL AD -FPL 20014' 149.00 0014040-42115-- 11335 168367 AD -SR COMM CENTER 382.00 0014040-42115-- 11335 90929 AD -SR COMM CENTER 382.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,044.00 TOTAL DUE VENDOR 1,044.00 IRPM MULLER ASSOCIATES 0014090-42140-- 11357 JUNE 2002 RENTAL/LEASE-J11NE 02 1,499.87 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,499.87 TOTAL DUE VENDOR 1,499.87 MI}HAMAD R JAHANVASH 00153.50-45300-- 11339 CONTRACT CLASS -SPRING 81.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 81.00 TOTAL DUE VENDOR 81.00 JENKINS & HOGIN, LLP 0014020-44020-- PO 11208 GEN LEGAL SVCS-P/WORKS 1,161.00 0014020-44020-- PG 11208 GEN LEGAL SVCS -COM SVCS 580.50 0014020-44020-- PO 11208 GEN LEGAL SVCS -COM DEV 121.50 0014020-44020-- PO 11208 GEN LEGAL SVCS -APR 3,402.00 0014020-44020-- PG 11208 GEN LEGAL SVCS -FINANCE 13.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,278.50 TOTAL DUE VENDOR 5,278.50 CITY OF DIAMOND DAR -RUN DATE: 06/13/2002 11:33:27 VOUCHER REGISSTER PAGE: 10 DUE THRU: 06/18/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PD # INVOICE DESCRIPTION AMOUNT DATE CHECK JOE A GONSALVES & SON INC 0014010-44000-- 11217 JUNE 2002 LEGISLLATIVE SVCS -JUNE 02 3,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,000.00 TOTAL DUE VENDOR 3,000.00 JUDICIAL DATA SYSTEMS CORPORATION 4014411-45405-- 2392 PARKING CITE ADMIN -ARP 02 100.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 100.00 TOTAL DUE VENDOR 100.00 RAKESH KASITYAP 0015553-44100-- T & T COMM -5/9 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 KENS HARDWARE 0015340-42210-- APR 02 SUPPLIES - PARKS MAINT 524.50 0014090-41200-- MAY 02 SUPPLIES -GENERAL 18.35 0015340-42210-- MAY 02 SUPPLIES -PARKS MAINT 210.57 0015554-41300-- 6959 SUPPLIES -PUBLIC WOWS 10.25 0015350-42353-- APR 02 SUPPLIES - WAY CELEB 213.31 0015340-41200-- APR 02 SUPPLIES - PARKS 167.55 0'15310-41200-- MAY 02 SUPPLIES -COMM SVCS 45.41 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,189.94 TOTAL DUE VENDOR 1,189.94 MY'JNG JIN KIM 001-32230-- REFUND -CITATION DB20456 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 KNOWLEDGE TRANSFER 0015350-42330-- TRAINING SEMINAR-WEST,CRW 334.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 334.00 TOTAL DUE VENDOR 334.00 LEAGUE OF CA CITIES 0014010-42325-CC202-42325 MEMORSHP MTG-COUNCIL 35.00 06/18/2002 50644 TOTAL PREPAIDS 35.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 35.00 LETTER PERFECT SIGNS INCORP 0015340-42210-- 5142 SIGNS -HERITAGE PARK. 113.66 TOTAL PREPAIDS .00 TOTAL VOUCHERS 113.66 TOTAL DUE VEN'JDR 11u.66 CITY OF DIAMOND BAR 'RUN DATE: 06/13/2002 11:3327 VOUDB REGISTER PAGE: I1 DUE THRU: 06/18/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK THOMAS LIEBEL 001-34740-- 48716 RECREATION REFUND 118,00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 118.00 TOTAL DUE VENDOR 118.00 STEPHANIE LIGDRRIA 001-34740-- 48444 RECREATION REFUND 59.00 TOTAL PREPAID .00 TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR 59.00 CONSTANCE J LILLIE 0015350`45300-- PO 11790 CONTRACT CLASS -SPRING 693.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 693.00 TOTAL DUE VENDOR 693.00 DAVID G LIU 0015510-42330-- 93635 REIMS-CONF 18.21 TOTAL PREPAIDS .00 TOTAL VOUCHERS 18.21 TOTAL DUE VENDOR 18.21 LOS ANGELES COUNTY DIST. ATTORNEY 001-21114-- PP 10-11 SALARY ATTCHKT-BDOOD1469 139.30 06/18/2002 50627 TOTAL PREPAIDS 139.30 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 139.30 LDS ANGELES COUNTY SHERIFFS DEPT 0014411-45402-- 45706 CALARY TRFFC CDNTRL-MAT 6,643.66 0014411-45401-- 45642 CONTRACT SVCS -STAR PROD 7,813.33 0014411-45401-- 45521 HELICOPTER SVCS -APR 02 52.43 TOTAL PREPAIDS .00 TOTAL VOUCHERS 14,509.42 TOTAL DUE VENDOR 14,509.42 CHRISTIE MADDOX 001-23002-- 52403 PARK DEP REFUND-SUMMITRDG 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 MAINTEX 0015340-42210-- 11150 586061 CLEANING SUPPLS-HERITAGE 115.39 0015340-42210-- 11150 586860 CLEANING SUPPLS-HERITAGE 29.53 TOTAL PREPAIDS .00 TOTAL VOUCHERS 144.92 TOTAL DUE VENDOR 144.92 CITY OF DIAMOND BAR 'RUN DATE: 06/13/2002 11:33:27 VOUCHER REGISTER PAGE: 12 .00 DUE THRU: 06/18/2002 45.00 TOTAL DUE VENDOR 45.00 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO i! INVOICE DESCRIPTION AMOUNT DATE CHECK DARCI MAYO 40.00 TOTAL VOUCHERS 001-34740-- 48297 RECREATION REFUND 64.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 64.00 TOTAL DUE VENDOR 64.00 JAN MCDUFF 001-34780-- 48526 RECREATION REFUND 35.00 TOTAL. PREPAIDS .00 TOTAL VOUCHERS 35.00 TOTAL DUE VENBOIi 35.00 MCE CORPORATION 0015350-42353-- 0204057 ADDL MW-B/DAY CELEB 572.26 0015558-45508-W A11199 0204053 VEGETATION CONTROL -APR 02 5,631.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,203.51 TOTAL DUE VENDOR 6,203.51 MIRACLE RECREATION EQUIPMENT CO. 00I5310-41200-- 12040 569886 SUPPLIES -RECREATION 598.24 TOTAL PREPAIDS .00 TOTAL VOUCHERS 598.24 TOTAL DUE VENDOR 598.24 DEIRDRE MONTEZ 001-34780-- 48592 RECREATION REFUND 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 ROLAND MORRIS 0015553-44100-- T & T COMM -5/9 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 MT. BALDY UNITED WAY 001-2111-- PP 06-11 PAYROLL DEDUCTIONS 40.00 06/18/2002 50630 TOTAL PREPAIDS 40.00 TOTAL VOUCHERS .00 TOTAL DUE VEND 40.00 NATIDNAL BUSINESS FURNITURE 0014040-46200-- 12012 M98583 -MHS OFFICE FURNITURE-C/CLERK 823.43 TOTAL PREPAIDS .00 TOTAL. VOUCHERS 823.43 TOTAL DUE VENDOR 823.43 NATIONAL SEMINARS GROUP 0015310-42330-- 12011 631210681001 SEMINAR-CREWS,WEST,HENSLY 1,185.00 TOTAL PREPAIDS . .00 TOTAL VOUCHERS 1,185.00 TOTAL DUE VENDOR 1,185.00 CITY OF DIAMOND BAR 'RUN DATE: 06/13/2002 11.3327 VOUCHER REGISTER PAGE: 13 DUE THRU: 06/18/2602 1385538-422.10-- 11978 041874770-01 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AM[W DATE CHECK STEVEN G. NELSON PROF.SVCS-UTILITY CNSLTNG 1,415.75 0015210-44100-- PLNN COMM -4/9,4/23 130.00 PROF.SVCS-UTILITY CNSLTNG TOTAL PREPAIDS .00 11978 TOTAL VOUCHERS 130.00 1,213.50 TOTAL DUE VENDOR 130.00 NEXTEL PROF.SVCS-UTILITY CNSLTNG 849.45 0014990-42130-- 6912268 JUNE SVCS -RADIO REPEATER 219.45 PROF.SVCS-UTILITY CNSLTNG TOTAL PREPAIDS .00 11978 TOTAL VOUCHERS 219.45 849,45 TOTAL DUE VENDOR 219.45 DANIEL NOLAN PROF.SUCS-UTILITY CNSLTNG 1,415.75 0015210-44100-- PLNN COMM -4/9,4/23 130.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 130.00 8,090.00 TOTAL DUE VENDOR 130.00 OAC TREE LANES INC 8,090.00 0015350-45300-- CONTRACT CLASS -SPRING 162.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 162.00 TOTAL DUE VENDOR 162.00 ORIENTAL TRADING CO. INC 0015350-42353-- SUPPLIES-H/DAY CELED 436.49 TDTAL PREPAIDS .00 TOTAL VOUCHERS 436.49 TOTAL DUE VENDOR 436.49 P & D CONSULTANTS INC 1385538-422.10-- 11978 041874770-01 PROF.SVCS-UTILITY CNSLTNG 1,213.50 0015340-42210-- 11978 048174770-02 PROF.SVCS-UTILITY CNSLTNG 1,415.75 13''°`5.39-42210-- 11978 048174770-02 PROF.SVCS-UTILITY CNSLTNG 566.30 1385538-42210-- 11978 048174770-02 PROF.SVCS-UTILITY CNISTLNG 1,213.50 1415`41-42210-- 11978 048174770-02 PROF.SVCS-UTILITY CNSLTNG 849.45 1395539-42210-- 11978 041874770-01 PROF.SVCS-UTILITY CNSLTNG 566.30 1415541-42210-- 11978 041874770-01 PROF.SVCS-UTILITY CNSLTNG 849,45 0015340-42210-- 11978 041874770-01 PROF.SUCS-UTILITY CNSLTNG 1,415.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 8,090.00 TOTAL DUE VENDOR 8,090.00 PACIFIC ATHLETIC NEAR INC 0014010-41200-- 11662 SUPPLIES-COUNCIL,DCMGRS 192.81 0014030-41200-- 11662 SUPPLIES-CMGR 19,49 0015350-411-00-- 11662 SUPPLIES -P & R COMM 212.2') TOTAL PREPAIDS .00 TOTAL VOUCHERS 424.59 TOTAL DUE VENDOR 424.59 r CITY OF DIAMOND BAR 'RUN DATE: 06/13/2002 11:33,27 VOUCHER REGISTER PAGE, 14 DUE THRU: 06/18/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PG 4 INVOICE DESCRIPTION AMOUNT DATE NECK PAYROLL TRANSFER 001-10200-- PP 12 PAYROLL TRANSFER -PP I2 86,000.00 06/18/2002 PP12 001-102(x)-- PP 12A/B PAYROLL TRANSFER -PP 12A/B 4,400.00 06/18/2002 PP12A/B TOTAL PREPAIDS 90,400.00 TOTAL VOUCHERS ,60 TOTAL DUE VENDOR 90,400.00 PERFORMANCE CONSULTANTS GROUP 0014010-44000-- 12018 CONSULTANT SVCS-TEAMBLDG 1,100.00 06/18/2002 50656 0014010-44000-- 12018 .00 TOTAL PREPAIDS 1,100.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,100.00 PERS HEALTH 0014090-40093-- PP 10-•11 ADMIN FEE 73.37 06/18/2002 50629 001-21105-- PP 10-11 JUNE 02 -HEALTH INS PREMS 14,673.61 06/18/2002 50629 TOTAL PREPAIDS 14,746.98 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 14,746.98 PERS RETIREMENT FUND 001-21109-- PP 12/02 RETIRE CONTRIB-EE 5,653.95 06/18/2002 50646 001-21109-- PP 12/02 RETIRE CGNTRIB-ER 3,268.77 06/18/2002 50646 001-21109-- PP 12/02 SURVIVOR BENEFIT 38.13 06/18/2002 50646 TOTAL PREPAIDS 8,960.85 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 8,960.85 LIANA PINCHER 0015553-44100-- T & T CDMM-5/9 45.00 . TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 PITNEY BOWES INC 0014090-42130-- 11909 598949 EIS RENTAL -MAILING SYSTEM 17.86 TOTAL PREPAIDS .00 TOTAL VOUCHERS 17.86 TOTAL DUE VENDOR 17.86 POMONA JUDICIAL DISTRICT 001-32230-- APR 02 PARKING CITATION FEES -APR 305.00 TOTAL PREPAIDS ,00 TOTAL VDUCHER5 305,00 TOTAL DUE VENDOR 305,44 POMONA UNIFIED SCHOOL DISTRICT 0015340-42126-- 12043 1002 REIMB-LORBEER UTILITIES 6,449.21 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,449,21 TOTAL DUE VENDOR 6,449.21 CITY OF DIAMOND BAR �tlM DATE: 05/13/2002 11:33:27 VOUCHER REGISTER PAGE: 15 DUE THRU: 06/18/2002 .00 TOTAL VOUCHERS PREPAID FUND/SECT-ACCT-PROJECT-ACCT PD # INVOICE DESCRIPTION AMOUNT DATE CHECK POSTMASTER 001-23010-- EXPRESS MAIL -FPL 2001-43 1_.45 001-23010-- EXPRESS MAIL -FPL 2000-37 12.45 001-23010-- EXPRESS MAIL -FPL 2002-14 12.45 001-23010-- EXPRESS MAIL -FPL 2001-43 12.45 001-23010-- EXPRESS MAIL -FPL 2001-43 12.45 001-23010-- EXPRESS MAIL -FPL 2002-14 12.45 001-23010-- EXPRESS MAIL -FPL %-61 12.45 001-23010-- EXPRESS MAIL -FPL 2002-10 12.45 TOTAL PREPAIDS .00 EDITH REGINALDO TOTAL VOUCHERS 99.60 001-14730-- TOTAL DUE VENDOR 99.60 PRO SPORTS TOTAL PREPAIDS .00 0015210-41200-- 3343 SUPPLS-IMPRVMNT OFFCR 71.45 TOTAL PREPAIDS .00 TOTAL VOUCHERS 71.45 TOTAL DUE VENDOR 71.45 PYRD SPECTACULARS INC 0015350-45300-- 12118 FIREWGRKS-4TH OF JULY 5,000.00 06/18/2002 50645 TOTAL PREPAIDS 5,000,00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 5,000,00 R I D BLUEPRINT 0015210-42110-- 11°65 60889 PRINT SVCS -ZONING MAPS 35,85 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35.85 TOTAL DUE VENDOR 35.85 RALPHS GROCERY COMPANY 0014090-42325-- 11210 10232057 MTG SUPPLS-GENERAL 13.18 TOTAL PREPAIDS .00 TOTAL VOUCHERS 13.18 TOTAL DUE VENDOR 13.18 RANCO CORPORATION 2505215-4+5420-17202-46420 12020 2350 INSTALL-CDBG SIDEWALK 123,190.67 TOTAL PREPAIDS .00 TOTAL VOUCHERS 123,190.67 TOTAL DUE VENDOR 123,190.87 READWRITE EDUCATIDNAL SOLUTION INC Ori15350-45300-- CONTRACT CLASS -SPRING 216,00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 216.00 TOTAL DUDE VENDOR 216.00 EDITH REGINALDO 001-14730-- 48057 RECREATION REFUND 29.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 29.00 TOTAL DUE VENDOR 29.00 CITY OF DIAMOND DAR RUN DATE: 06/13/2002 11:33:27 VOUCHER REGISTER PAGE: 16 DUE THRU: 06/18!2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK REINBERGER PRINTWERKS 0014090-42110-- 12021 11930 PRINT SVCS -CITY CERT. 451.52 0014050-42110-- 12051 11910 PRINT SVCS -PURCHASE ORDER 535.43 TOTAL PREPAIDS .00 TOTAL VOUCHERS 987.95 TOTAL DUE VENDOR 987.95 RENDIND'S PIMA -JOINT & RESTAURANT 0014090-42325-- 359150 MTG SUPPLIES -GENERAL 180.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 180.00 TOTAL DUE VENDOR 180.00 SANDRA REZENDEI 001-23002-- 52401 PARK DEP REFUND -PETERSON 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 ROBERT SASSAMAN RETIREMENT LUNCHEON 0014010-42325-CC402-42325 LUNCHEON MTG-COUNCIL 25.00 06/18/2002 50641 TOTAL PREPAIDS 25.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 25.00 PETER ROGERS 0015350-42112-- 2640 PHOTOS -EASTER EGG HUNT 226.28 TOTAL PREPAIDS .00 TOTAL VOUCHERS 226.28 TOTAL DUE VENDOR 226.28 JOSEPH RUZICKA 0015210-44100-- PLNN COMM -4/9,4/23 130.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 130.00 TOTAL DUE VENDOR 130.00 SAN GABRIEL VALLEY CITY MGR ASSOC 0014030-42325--- ANNL SPRING WSHP-CM,DCM 130.00 06/18/2002 50649 TOTAL PREPAIDS 130.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 130.00 SON GABRIEL VALLEY TRIBUNE 001-23010-- 94639 LEGAL AD -FPL 2000-37 250.92 0014040-42115-- 11334 53879 AD -NOT. OF SEALED BIDS 49.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 300.12 TOTAL DUE VENDOR 300.I2 SCMAF 0015350-45300-- PMBF FEE -TRACK MEET 10.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 10.00 TOTAL DUE VENDOR 10.00 'RUN DATE: 06/13/2002 11:33:27 FUND/SECT-ACCT-PROJECT-ACCT SECTRAN SECURITY 0014090 -44000 -- SIGN DEPOT 0015350 -41200 -- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 17 DUE THRU: 06/18/2002 PO # INVOICE DESCRIPTION 11252 6126 COURIER SVCS - JUNE 0224 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 12105 15961 SUPPLIES-H/DAY BANNERS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PREPAID AMOUNT DATE CHECK: 220.00 .00 220.00 220.00 730.60 .00 730.60 730.60 SO COAST AIR QUALITY MANAGEMENT DIS ELECT SVCS-TRFFC CDNTRL 118.98 0014090-42140-- I1885 JUNE 02 RENTAL -CITY HALL JUN 02 19,993.05 0015510-42126-- TOTAL PREPAIDS .00 001515.10-42126-- TOTAL VOUCHERS 19,993.05 1385533-42126-- TOTAL DUE VENDOR 19,993.05 SOURCE GRAPHICS ELECT SVCS -PARKS 4,415.47 0015510-41200-- 3352 SUPPLIES -PUBLIC WORKS 159.28 1395539-42126-- TOTAL PREPAIDS .00 TOTAL VOUCHERS 159.28 TOTAL DUE VENDOR 159.28 SOUTHERN CALIFORNIA EDISON 0015510-42126-- ELECT SVCS-TRFFC CDNTRL 118.98 0015510-42126-- ELECT SVCS-TRFFC CONTRL 173.30 0015510-42126-- ELECT SVCS-TRFFC CONTRL 416.97 001515.10-42126-- ELECT SVCS-TRFFC CGNTRL 105.66 1385533-42126-- ELECT SVCS -DIST 38 45.77 0015340-42126-- ELECT SVCS -PARKS 4,415.47 IIOS5536-42126-- ELECT SVCS -DIST 38 286.93 1395539-42126-- ELECT SVCS -DIST 39 684.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,249.52 TOTAL DUE VENDOR 6,249.52 SOUTHLAND SPORTS OFFICIALS 0015350-45300-- 11166 5/8-5/21/02 PROF SVCS -OFFICIALS $64,00 0015350-45300-- 11166 5/22-6/4/02 PROF SVCS -OFFICIALS 554.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,418.00 TOTAL DUE VENDOR 1,418.00 STANDARD INSURANCE OF OREGON 001-2110E.-- PP 10-11 JUN 02 -LIFE INS PREMS 609.00 06/18/2002 50628 001-21106-- PP 10-I1 JUN 02-SUPP LIFE INS PREM 136.60 06/18/2002 50628 TOTAL PREPAIDS 745.60 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 745.60 CITY OF DIAMOND W 'RUN DATE: 06/13/2002 11:33:27 VOUCHER REGISTER PAGE: 18 DUE THRU: 06/18/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK SUBWAY 0014090-42325-- 11216 8177 MTG SUPPLS-GENERAL 7.57 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7.57 TOTAL DUE VENDOR 7.57 JACK TANAKA 0015210-44100-- PLNN COMM -4/9,4/23 130.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 130.00 TOTAL DUE VENDOR 130.00 CINDY TASHIMA 001-23002-- 52378 PARK DEP REFUND-REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 EUN 5UK TATE 001-34740-- 43394 RECREATION REFUND 64.00 45.00 TOTAL PREPAIDS .00 TOTAL PREPAIDS TOTAL VOUCHERS 64.00 TOTAL DUE VENDOR 64.00 TENNIS ANYONE TOTAL DUE VENDOR 0015350-45300-- 11637 CONTRACT CLASS -SPRING 273.30 TOTAL PREPAIDS .00 11133 TOTAL VOUCHERS 273.30 1415541-45500-- TOTAL DUE VENDOR 273.30 THE WHOLE ENCHILADA INC 1385533-45500-- 11133 0114010-42355-- COMM ORGANIZATION SUPPORT 50.00 06/18/2002 50639 11133 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 .00 TOTAL DUE VENDOR 50.00 YI TONY TORNG 0015553-44100-- T & T COMM -5/9 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 TRUGREEN LANDCARE 0015340-45300-- 11133 1692121781 C/WIDE MAINT-APR 02 10,400.50 1415541-45500-- 11133 1692121781 C/WIDE MAINT-APR 02 2,050.00 1385533-45500-- 11133 1692121781 C/WIDE MAINT-APR 02 4,268.76 I395539-45500-- 11133 1692121781 C/WIDE MAINT-APR 02 3,997.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 20,716.76 TOTAL DUE VENDOR 20,716.76 'RUN DATE: 06/13/2002 11:33:27 FUND/SECT-ACCT-PROJECT-ACCT STEVEN TYE 0015210 -44100 -- VALLEY TROPHY & NAMEPLATE 0015350-41200-- VERIZON CALIFORNIA 0015340-42125-- 0014090-42125-- 0015340-42125-- VERIZON INTERNET SOLUTIONS 1264411-42340-- VERIZGN WIRELESS MESSAGING SVCS 0014090-42125-- VERIZON WIRELESS -LA 1264411-42125-- 0014010-42125-- 0014090-42125-- 0014090-42121-- 1264411-42125-- 0014090-42125-- 0014040-42125-- 0014040-42125-- 0014010-42125-- 0014010-42125-- 0014010-42125-- 0014030-421:5-- 0014030-42125-- ARUN VIRGINKAR 0015553 -44100 -- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 19 DUE THRU: 06/18/2002 PD # INVOICE DESCRIPTION PLNN COMM -4/9,4/23 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 9890 SUPPLIES -RECREATION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PREPAID AMOUNT DATE CHECK 130.00 .00 130.00 130.00 16.24 .00 16.24 16.24 9095949117 PH.SVCS-R REAGAN PK 90.98 CH40703 PH PRGRWM-C/HALL,S/CTR 182.50 9098619227 PH.SVCS-MAPLE HILL PARK 90.98 TOTAL PREPAIDS .00 TOTAL VOUCHERS 364.46 TOTAL DUE VENDOR 364.46 50123314 DSL INTERNET-,IUNE S/CTR 169.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 169.95 TOTAL DUE VENDOR 169.95 L841998SCE PAGER SVCS-JI1h1-AUG 02 602.58 TOTAL PREPAIDS .00 TOTAL VOUCHERS 602.58 TOTAL DUE VENDOR 602.58 CELL CHRGS-SHERIFF 132.74 06/18/2002 50642 CELL CHRGS-COUNCIL 33.25 06/18/2002 50642 CELL CHRGS-POOL VEH 33.25 06/18/2002 50642 CELL CHARGES -GENERAL 218.48 06/18/2002 50633 CELL CHARGES -SHERIFF 171.13 06/18/2002 50633 CELL CHRGS-GENERAL 182.01 06/18/2002 50642 CELL CHRGS-EMERG PREP 133.00 06/18/2002 50642 CELL CHARGES-EMERG PREP 133.00 06/18/2002 50633 CELL CHARGES -COUNCIL 33.25 06/18/2002 50633 CELL CHARGES -COUNCIL 33.25 06/18/2002 50633 CELL CHRGS-COUNCIL 33.25 06/18/2002 50642 CELL CHRGS-CMGR 33.25 06/18/2002 50642 CELL CHARGES-CMGR 66.27 06/18/2002 50633 TOTAL PREPAIDS 1,236.13 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,236.13 .T & T COMM -5/9 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 j. 'RUN DATE: 06/13/2002 11:33:27 i FUND/SECT-ACCT-PROJECT-ACCT VISION INTERNET PROVIDERS INC 1185093 -44000 -- VISION SERVICE PLAN 001 -21107 -- WALNUT VALLEY WATER DISTRICT 0015340 -42126 -- 1385538 -42126 -- 1415541 -42126 -- 1395539 -42126 -- WELLS FARGO CARD SERVICES 0014010-42125-CC402-42125 0014030-42330-- 0014010-42325-CC402-42325 0014030-42340-- 0014010-42330-CC302-42330 0014030 -42325 -- 0014030 -42325 -- 0014030 -42315 -- 0014095 -42330 -- 0014030 -42125 -- 0015310 -42200 -- 0015350 -42112 -- WEST COAST ARBORISTS INC 0015558 -45510 -- 0015558 -45509 -- 0015558 -45509 -- 0015558 -45509 -- 0015558 -45509 -- PAUL WRIGHT 0014090 -44000 -- CITY OF DIAMOND BAR VDDR REGISTER PAGE: 20 DUE THRU: 06/18/2002 PO # INVOICE DESCRIPTION 12028 7831 WEB SITE REDESIGN TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENOM PP 10-11 JUNE 02 -VISION PREMIUMS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR WATER SVCS -PARKS WATER SVCS -DIST 38 WATER SVCS -DIST 41 WATER SVCS -DIST 39 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PREPAID AMOUNT DATE CHECK 12,000.00 06/18/2002 5064 12,000.00 .00 12,000.00 1,107.37 06/18/2002 50631 1,107.37 .00 1,107.37 11,819.98 11,078.47 3,507.56 4,134.41 .00 30,540.42 30,540.42 10.72 06/18/2002 50655 150.00 06/18/2002 50653 207.87 06/18/2002 50655 10.00 06/18/2002 50652 186.50 06/18[2002 50654 28.00 06/18/2002 50653 80.60 06/18/2002 50652 747.00 06/18/2002 50653 175.00 21.44 35.09 216.45 1,420.69 447.98 1,868.67 808.20 1,684.40 2,565.80 362.60 543.90 .00 5,%4.90 5,964.90 297.50 .00 297.50 297,50 PALMNET SVCS -COUNCIL ICMA CONF-DOYLE CITY B/DAY CMTS MTG-CNCL EDUCATION-CMGR COG/ACE CDNF-COUNCIL MTGS-DOYLE MTGS-CMGR ICMA MBRSHIP-DOYLE SCAN NATGA CONF-A BLAKEY PALMNET SVCS-DCMS MAINT-COMM, SVCS VEH PHOTO SVCS-REC GUIDE TOTAL PREFAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 11134 24316 TREE WATERING -MAY 02 11135 24106 TREE MAINT-APR 02 11135 24316 TREE MAINT-MAY 02 11136 24106 TREE PLANTING -APR 02 11136 24316 TREE PLANTING -MAY 02 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 11214 A/V SVCS-PC,CC 5/28,6/4 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDDR PREPAID AMOUNT DATE CHECK 12,000.00 06/18/2002 5064 12,000.00 .00 12,000.00 1,107.37 06/18/2002 50631 1,107.37 .00 1,107.37 11,819.98 11,078.47 3,507.56 4,134.41 .00 30,540.42 30,540.42 10.72 06/18/2002 50655 150.00 06/18/2002 50653 207.87 06/18/2002 50655 10.00 06/18/2002 50652 186.50 06/18[2002 50654 28.00 06/18/2002 50653 80.60 06/18/2002 50652 747.00 06/18/2002 50653 175.00 21.44 35.09 216.45 1,420.69 447.98 1,868.67 808.20 1,684.40 2,565.80 362.60 543.90 .00 5,%4.90 5,964.90 297.50 .00 297.50 297,50 CITY OF DIAMOND BAR -RUN DATE: 06/13/2002 11:33:27 VOUCHER REGISTER PAGE: 21 DUE THRU: 06/18/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PD # INVOICE DESCRIPTION AMOUNT DATE CHECK, XEROX CORPORATION 0014090-42200-- 11325 88882648 ED MAINT-APR 02 357.59 0014090-42200-- 11325 88$8.'.639 EO MAINT-APR 02 357.59 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 715.18 TOTAL DUE VENDOR 715.18 KAREN YOSHIMOTO 001-34740--- 48829 RECREATION REFUND 113.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 113.00 TOTAL DUE VENDOR 113.00 REPORT TOTAL PREPAIDS 161,522.17 REPORT TOTAL VOUCHERS 508,360.05 REPORT TOTAL 669,882.22 Agenda # 6.4 Meeting Date: June 18, 2002 CITY COUNCIL AGENDA REPORT r9gs TO: Honorable Mayor and Members of City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of Claim -- Filed by Mark and oni Arreola RECOMMENDATION: Carl Warren & Co., the City's claims administrator recommends the City Council reject the claim filed by Mark and Toni Arreola. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for approximately $1,435.00. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On April 12, 2002, Mark and Toni Arreola filed a Claim for Damages with the City alleging extensive root damage to their main water line due to a City tree. Carl Warren & Co., after investigation, has determined that the claim appears to be one of questionable liability and has therefore recommended denial. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, Asst. City Clerk REVIEWED BY: epartment Head Deputy City Manager May 29, 2002 1 TO: City of Diamond Bar _n ATTENTION: Tommye Cribbins, Asst. City Clerk RE: Claim Arreola v. City of Diamond Bar Claimant Mark & Toni Arreola D/Event 4/12/02 Rec'd Y/Office 4/12/02 Our File S 133761 SWQ We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very Truly Yours, CARL WARREN` & CO-. Richard Marque cc: CJPIA Attn: Executive Director CARL, WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive . Ste 400 • Orange, CA 92868 Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 • (800) 572-6900 • Fax: (714) 740-9412 CITY COUNCIL ; TO: Honorable Mayor and Members of t�-e City Council VIA: Linda C. Lowry, City Manag Agenda # 6.5.1 Meeting Date: June „18, 2002 AGENDA REPORT TITLE: Exoneration of Grading Bond in the amount of $22,000.00 for Lot 5 of Tract 39579 (1315 S. Valley Vista Drive, V -Tek Systems) RECOMMENDATION: It is recommended that the City Council approve the exoneration and direct the City Clerk to notify the owner's agent and the surety company of this action. FISCAL IMPACT: This action has no fiscal impact on the City. BACKGROUNDMISCUSSION: The Department of Community and Development Services is in receipt of a request for grading bond exoneration for Lot 5 of Tract 39579 (1315 S. Valley Vista Drive, V -Tek Systems). A grading bond (Labor and Materials and Faithful Performance) for improvement security was required in accordance with the Subdivision Map Act. The owner's agent, Sea West Enterprises, Inc., posted with the City a grading bond on October 26, 1999. The City contract inspector, Hall & Foreman, Inc., confirmed that all grading work is completed and in conformance to the grading plan. PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: /i 1 David . Liu Director of Public Works Date Prepared: June 10, 2002 ,i v James DeS efano Deputy City Manager Attachments: Letter of Request, dated May 15, 2002 May 15, 2001 '&9NN P.O. Box 3329 San Dimas, Califomia 91773 514 N. Lone Hill Ave. San Dimas, Califomia 91773 USA (909)592-7120- fax: (909) 592-1790 • email: hq@seawestinc.com City of Diamond Bar City Engineer — David G. Liu 21825 E Copley Dr. Diamond Bar, California 91765 RE: Grading Bond at 1315 S. Valley Vista Dr, Diamond Bar, CA 91765 Dear Mr. Liu, We posted a grading bond with the city when we started the V -Tek building in 1999. At this time we became aware that we never requested the city to release the bond. We are writing you today to request such a release. Please let us know if there are any other requirements we need to fulfill in order to release this bond. Thank you, incerely, .1k,1V �L fer Simison , Sea West Enterprises, Inc. ;,i7f,-,f . T , r' ' r.F , — -_ Agenda # 6.5.2 Meeting Date: June 18, 2002 CITY COUNCIL; ._ ', AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag 4#1�r TITLE: Exoneration of Grading Bond in the amount of $3,708.00 for 23300 Golden Springs Drive (Mt. Calvary Lutheran Church and School) RECOMMENDATION: It is recommended that the City Council approve the exoneration and direct the City Clerk to notify the owner and the surety company 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 23300 Golden Springs Drive (Mt. Calvary Lutheran Church and School). A grading bond (Labor and Materials and Faithful Performance) for improvement security was required in accordance with the Subdivision Map Act. The owner, Mt. Calvary Lutheran Church and School, posted with the City a grading bond on April 15, 1992. At that time, the City contracted with Ron Kranzer & Associates to perform the City's plan check and inspection services. Staff has confirmed, through records on file with the City Engineer, that all grading inspection was finalized in August 1994. PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: David n. L u Director of Public Works Date Prepared: June 10, 2002 James DeSt fano Deputy City Manager Attachments: Letter of Request, dated May 9, 2002 V LUTHERAN CHURCH and SCHU'L 23300 Golden Springs Drive, Diamond Bar, CA 91765 May 9, 2002 City of Diamond Bar Mr. David G. Liu, Director of Public Works 21825 E. Copley Drive Diamond Bar, CA 91765 Dear Mr. Liu: Ref: Release of Bond assignment This letter is to ask for you to issue a Release of Bond letter to: Washington Mutual Bank, FA Attn: LaRochelle 334 S. Diamond Bar Blvd. Diamond Bar, CA 91765` Mt. Calvary Lutheran Church & School and the City of Diamond Bar entered into this bond baCkin1Atthe time the bond was posted it was with Coast Federal Bank as that bank was the owner andtor of the bank building at 334 S. Diamond Bar Blvd. The bank building is now operated by Washington Mutual Bank. The change in bank names / ownership has led to a change in the bond / account number as well. The current bond / account number is # 876-0001377904-3. Attached to this letter is a photocopy of the account information sent to us by Washington Mutual Bank with the account number listed along with other account information and notes we have made regarding this account. In researching this issue I personally meet with LaRochelle, an account representative at Washington Mutual Bank. In addition I have worked with Mr. John Aasin in your department at the City of Diamond Bar, Mr. Ilasin has been very helpful and responsive to me and directed me to write this letter to you explaining the history of situation and requesting you to write a letter to release the bond. Should you require additional information on this request for the Release of Bond assignment letter you may want to speak with Mr. John Ilasin in your department, or LaRochelle at Washington Mutual Bank (909) 861-7425, or myself at Mt. Calvary Lutheran (909) 861-2740 ext. 519. Would you be so kind as to send me a copy of the Release of Bond assignment letter you send for my records in working with the bank? It would be greatly appreciated. Please contact me directly if I can be of further help. Sincerely, Paul J. arq dt, Principal Cc: Rita Morena, Acctg. Mike Baker, V.P. Offices — Information — Voice Mail: (909) 861-2740 / Chinese Ministry: (909) 860-2865 / fax: (909) 861-5481 CITY COUNCIL Agenda # 6.6 Meeting Date: 6/18/02 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag 4_-1U6V TITLE: SUBMITTAL OF REVISED FINANCIAL IMPACT REPORT FOR THE LANDSCAPE IMPROVEMENTS PROJECT ALONG GOLDEN SPRINGS DRIVE AND ON SUNSET CROSSING ROAD, STATING A FINAL TOTAL COST OF $269,925.55 INSTEAD OF $276,184.45. RECOMMENDATION: Receive and File Report FINANCIAL IMPACT: Project Costs: Reported 3/19/02 Revised 6/18/02 Reason Construction $197,481.45 $203,663.97 Change Order #3 & correction to Change Order #1 Design 39,050.00 No Change Construction Inspection/Plan Check 7,850.00 No Change Walnut Valley Water District 31,303.00 $18,861.58 Refund from WVWD Plans and Specifications 500.00 No Change TOTAL $276,184.45 $269,925.55 Project Budget: $310,000.00 BACKGROUND: At the City Council meeting on March 19, 2002, staff reported the final total cost of this project as $276,184.45. Since that report, the following changes have resulted in a revision to the project cost: 1. Mega Way Enterprises, the contractor for this project, realized that they forgot to request a change order for work that was authorized by staff and completed by them in December, 2001. This oversight was discovered in mid-April when the contractor was preparing their invoice for payment of the 10% retention. Correction of this oversight resulted in Change Order #3 in the amount of $8,682.52 in favor of the contractor. Also, staff discovered a $2,500 error in favor of the City on Change Order #1. On March 19, staff reported that Change Order #1 totaled $43,797.20. The actual total that should have been reported is $41,297.20, a difference of $2,500. These changes have resulted in a revised construction cost total for the contract of $203,663.97 from $197,481.45. 2. Walnut Valley Water District refunded $12,441.42 to the City for the installation of water meters for this project. The reason for the refund is because the actual cost of installation was cheaper that what the district estimated it was going to cost. The City is required to pay the estimated amount prior to the district doing any work. This refund resulted in revised Water District costs of $18,861.58 from $31,303.00. DISCUSSION: With the changes described above, the total project cost is revised to $269,925.55 from $276,184.45, a savings of $6,258.90 for the City. REVIEWED BY: Bob4kaWe Director of Community Services JardesDestetano Deputy City Manager ATTACHMENTS: Letter from Mega Way Enterprises Dated April 18, 2002 Change Order #3 Refund Check from Walnut Valley Water District Dated March 31, 2002 with itemized list of projects. Mega Way Enterprises License # 779869 April 18, 2002 Bob Rose City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765-4178 Subject: Golden Spring Dr., Landscape Improvements Dear Mr. Rose, This letter is to clarify some confusion in my billing. After my fax dated April 17, 2002, I realized there is still a difference in the amount. Hopefully this will clarify this confusion. Change order 41 did not include additional work that was done on El Encino median. That charge is for additional work on plants and additional work on irrigation and maintenance after the deletion of the concrete. This work was billed on invoice #227. Plant establishment and maintenance has not been billed as of this date. I will be forwarding an invoice for these items. As I explained to you over the phone, I bill contract and change orders separately to avoid confusion and on this billing I did the opposite. This was a slip on my part and regret your situation. Again, I hope this explanation clarifies all confusion. Please do not hesitate in contacting me for copies of invoices or breakdowns of them. Sincerely, MEGA WAY ENTERPRISES Pierre Saad 919-1/2 N. Azusa Avenue Covina, CA. 91722 Phone: 626-339-8899 Fax: 626-339-8859 City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 (909) 396-5694 / (909) 861-3117fax CHANGE ORDER #3 THIS CONTRACT CHANGE ORDER IS APPLICABLE TO: CONTRACT TITLE: Golden Springs Drive/ Sunset Crossing Road Landscape Improvements APPROVED CONTRACT DATES: 9/6/01 TO 12/31/01 CONSULTANT: Mega Way Enterprises 9191/2 N. Azusa Avenue Covina, CA 91722 SCHEDULED COMPLETION DATE: TOTAL OF CONTRACT PRIOR TO AMENDMENT: 1/31/02 $194, 981.45 CONTRACTOR IS AUTHORIZED TO COMPLETE THE FOLLOWING SCOPE OF WORK: 1. EI Encino - Irrigation - 4,426 sq. feet @$0.65 $2,876.90 1 Gallon shrubs - 232 each @ $2.80 $649.60 5 Gallon shrubs - 44 each @ $31.68 $1,393.92 Ground Cover- 4,426 sq. feet @ $0.40 $1,770.40 30 day Plant Establishment - 4,426 sq. feet @ $.025 $1,106.50 60 day Maintenance - 4,426 sq. feet @ $0.20 $885.20 THE AMOUNT OF THE CONTRACT WILL BE INCREASED/nrCRiA-SE- BY THE SUM OF $8,682.52. THE CONTRACT PERIOD WILL BE UNCHANGED. CONTRACT TOTAL INCLUDING THIS CONTRACT AMENDEMENT: $203,663.97. REVIEWED BY: Mega Way Enterprises, Inc. Deputy City Manager Attest to Form: APPROVED BY: at Di recl,6fof Public Works Date Date Qhy Manager Date City Attorney Date City Clerk Date 27334-02 03/31/02 1 01-2671 1 As Built 03/31/02 1 01-2672 1 As Built 03/31/02 1 01-2673 1- As Built - 3193 6,619.57 12,441.42 166.93 �6,619.57 12,441-42 ;1,166.9 3 Nc.). 27334 27334-02 03/31/02 $201227.92 SOA7 City Of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765-4178 1100 2 ? 3 3 1:12200066&1: 146328450433 work. Due to related changes to the plan sheets, the project architect needed to complete additional work. Attached is a list of all the plan sheets needed to be modified as a result of the change. PREPARED BY: Dave A. Doyle Deputy City Manager Attachments: Attachment A — Amendment to Gonzalez/Goodale contract Attachment B — Scope of services for McKay Conant Brooks, Inc. Attachment C -- List of construction plan sheets requiring revisions CITY COUNCIL Agenda # 6.7 Meeting Date: June L8, 2002 AGENDA REPORT TO: Honorable Mayor and Members the City Council VIA: Linda C. Lowry, City Manag TITLE: Amendment to Contract wit Gonzalez/Goodale Architects for additional design services associated with the Community/Senior Center ($24,500) RECOMMENDATION: It is recommended that the City Council approve the attached amendment to the professional services agreement with Gonzalez/Goodale Architects and authorize payment in the amount of $24,500. FINANCIAL IMPACT: There are sufficient funds in the Community/Senior Center budget for this expense. DISCUSSION: It is anticipated that the banquet room in the Community/Senior Center will be used for large gatherings including weddings, corporate business conference, community meetings and other similar events. These types of events require audio/visual services. To include a "built-in" audio/visual system as part of the construction of the facility, a complete system must be designed and specific equipment identified. Designing such a system requires expertise beyond the knowledge of the project team members. Therefore, at the request of City staff, Gonzalez/Goodale hired an audio/visual specialist, McKay Conant Brook, Inc., to provide this service at a cost of $9,000. The scope of services for McKay Conant Brook, Inc. is attached. The balance of this amendment request ($15,500) is associated with converting the child -play area into a multi-purpose classroom. Originally it was anticipated that these costs could be absorbed in the current contract. Many of the sub -consultants, including the landscape architect and electrical engineer, had completed their drawings based on the child play concept prior to the decision to modify this area to a multi-purpose room. This required the sub -consultants to complete additional Agenda # 6-R Meeting Date: June 18, 2002 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members rof the City Council . � VIA: Linda C. Lowry, City Manage,�;s.� TITLE: Award of contract for the Area 4 Slurry Seal Project to Pavement Coatings Company in the amount of $323,797.55 and authorize a contingency amount of $30,000.00 for project change orders to be approved by the City Manager, for a total authorization of $353,797.55. RECOMMENDATION: That the City Council approve the transfer of $35,000.00 from the Area 4 ARAM Funds to the Area 4 Slurry Seal funds and award the contract for the Area 4 Slurry Seal Project to Pavement Coatings Company. FINANCIAL IMPACT: 2001-2002 Budget Design/Construction Construction Remaining Administration Cost Funds Area 4 Slurry Seal $350,000.00 $27,353.00 $353,797.55 $31,150.55 Area 4 ARAM $350,000.00 $27,353.00 $274,504.99 $48,142.01 Staff is requesting that $35,000.00 be transferred from the Area 4 ARAM funds to the Area 4 Slurry Seal funds to cover the additional funds needed for the Slurry Seal Project. BACKGROUND/ DISCUSSION: This Area 4 Slurry Seal Project is the fourth year of the 5 -year Pavement Management Program. The Area 4 Slurry Seal Project will be constructed concurrently with the Area 4 ARAM Project. On May 7, 2002, City Council approved the plans and specifications and authorized the City Clerk to advertise and receive bids for the Area 4 Slurry Seal Project. The Bids were opened and publicly read on June 10, 2002. A total of 5 bids were received. The bids were as follows: Contractor Bid Amount Pavement Coatings Company $323,797.55 American Asphalt South, Inc. $325,291.00 Roy Allan Slurry Seal, Inc. $331,782.80 Doug Martin Contracting Co., Inc. $345,293.60 California Pavement Maintenance Co., Inc. $346,354.18 The lowest responsible bidder is Pavement Coatings Company, of Cypress, California, with a bid amount of $323,797.55. Key aspects of contract requirements: ➢ Schedule to be submitted at least 10 calendar days before the start of work. ➢ Notification to and coordination with residents, schools, utility owners and other public agencies. :- Completion of all work within 45 working days. ➢ Liquidated damages of $500/day for non-performance. Anticipated timeline for project milestones: Approval of Specifications Bid Opening Award of Construction Contract Notice to Proceed/Start of Construction End of Construction PREPARED BY: Kirk Phillips Associate Engineer REVIEWED B ::,, D G. Director of Public Works 2 May 7, 2002 June 10, 2002 June 18, 2002 July 8, 2002 September 10, 2002 Date Prepared: June 12, 2002 � (6 k2 -p JarWes DeStefa o Deputy City Manager 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 Pavement Coatings Co. 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 Pavement Coatings Co. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Construction of Slurry Seal Area 4 Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Construction of the Slurry Seal Area 4 Proiect in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated May 2002 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated June 10, 2002, 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 forty_ -five (45) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 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: 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 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 June 10, 2002. 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 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. 303609 C-32 Pavement Coatings Co. _ P. O. Box 1491 — 5312 Cypress Street Cypress, CA 90630 Date By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: WEN P. CHANG, MAYOR Date ATTEST: By: CITY CLERK Date CONTRACTOR'S Business Phone 714 826-3011 Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date CITY COUNCIL. Agenda # 6-9 Meeting Date: June 1$, 2002 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Award of contract for the Area 4 Asphalt Rubber and Aggregate Membrane (ARAM) Overlay Project to Manhole Adjusting Contractors, Inc. in the amount of $249,504.99 and authorize a contingency amount of $25,000.00 for project change orders to be approved by the City Manager, for a total authorization of $274,504.99. RECOMMENDATION: That the City Council approve the transfer of $35,000.00 from the Area 4 ARAM funds to the Area 4 Slurry Seal funds and award the contract for the Area 4 ARAM Overlay Project to Manhole Adjusting Contractors, Inc. FINANCIAL IMPACT: Staff is requesting that $35,000.00 be transferred from the Area 4 ARAM funds to the Area 4 Slurry Seal funds to cover the additional funds needed for the Slurry Seal Project. BACKGROUND/ DISCUSSION: This Area 4 ARAM Project is the Fourth year of the 5 -year Pavement Management Program. The Area 4 ARAM Project will be constructed concurrently with the Area 4 Slurry Seal Project. On May 7, 2002, City Council approved the plans and specifications and authorized the City Clerk to advertise and receive bids for the Area 4 ARAM Project. The Bids were opened and publicly read on June 10, 2002. A total of 1 bid was received. The bid was from Manhole Adjusting Contractors, Inc. in the Amount of $249,504.99. The lowest responsible bidder is therefore, Manhole Adjusting Contractors, Inc., of Pico Rivera, California, with a bid amount of $249,504.99. Key aspects of contract requirements: ➢ Schedule to be submitted at least 10 calendar days before the start of work. Notification to and coordination with residents, schools, utility owners and other public agencies. ➢ Completion of all work within 30 working days. ➢ Liquidated damages of $500/day for non-performance. 2001-2002 Budget Design/Construction Administration Construction Cost Remaining Funds Area 4Slurry Seal $350,000.00 $27,353.00 $353,797.55 $31,150.55 Area 4 ARAM $350,000.00 $27,353.00 $274,504.99 $48,142.01 Staff is requesting that $35,000.00 be transferred from the Area 4 ARAM funds to the Area 4 Slurry Seal funds to cover the additional funds needed for the Slurry Seal Project. BACKGROUND/ DISCUSSION: This Area 4 ARAM Project is the Fourth year of the 5 -year Pavement Management Program. The Area 4 ARAM Project will be constructed concurrently with the Area 4 Slurry Seal Project. On May 7, 2002, City Council approved the plans and specifications and authorized the City Clerk to advertise and receive bids for the Area 4 ARAM Project. The Bids were opened and publicly read on June 10, 2002. A total of 1 bid was received. The bid was from Manhole Adjusting Contractors, Inc. in the Amount of $249,504.99. The lowest responsible bidder is therefore, Manhole Adjusting Contractors, Inc., of Pico Rivera, California, with a bid amount of $249,504.99. Key aspects of contract requirements: ➢ Schedule to be submitted at least 10 calendar days before the start of work. Notification to and coordination with residents, schools, utility owners and other public agencies. ➢ Completion of all work within 30 working days. ➢ Liquidated damages of $500/day for non-performance. Anticipated timeline for project milestones: Approval of Specifications Bid Opening Award of Construction Contract Notice to Proceed/Start of Construction End of Construction PREPARED BY: x`y� Kirk Phillips Associate Engineer REVIEWED BY: Dav G u Director of Public Works 2 May 7, 2002 June 10, 2002 June 18, 2002 July 8, 2002 August 16, 2002 Date Prepared: June 12, 2002 James DeStE fano Deputy City Manager AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Manhole Adiusting Contractors Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Manhole Ad*ustlna Contractors, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Construction of Slurry Seal Area 4 Asphalt Rubber and Aaareaate Membrane (ARAM) Overlav Proiect in the 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 Slurry _Seal Area 4 Asphalt Rubber and Agaregate Membrane (ARAM) Overlay P�eCt in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated May 2002 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated June 7, 2002, 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 thirty 30 working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "it is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such 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 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 June 7,_2002. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 398443 A, C12 Date Date Date Manhole Adiusting Contractors Inc. 9500 Beverly Road Pico Rivera, CA 90660-2135 M TITLE CITY OF DIAMOND BAR, CALIFORNIA By: WEN P. CHANG, MAYOR ATTEST: By: CITY CLERK {323) 558-8000 Emergency Phone at which CONTRACTOR can be reached at any time CITY ATTORNEY Agenda: F ,1 c Meeting Date: June 18, 2002 CITY COUNCIL ,, AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City ManagV i"tA4.X TITLE: AWARD OF A FIVE-YEAR RESIDENTIAL STREET NAME SIGNS CONTRACT TO SAFEWAY SIGN COMPANY AND APPROVAL OF A NOT -TO -EXCEED CONTRACT AMOUNT OF $40,000 FOR MANUFACTURE AND INSTALLATION OF AREA 4 STREET NAME SIGNS FOR FISCAL YEAR 2001-2002. RECOMMENDATION: That the City Council (a) approve and authorize the Mayor to execute a five-year residential street name signs contract to Safeway Sign Company and (b) approve a not - to -exceed contract amount of $40,000 for manufacture and installation of Area 4 street name signs for Fiscal Year 2001-2002. FINANCIAL IMPACT: The manufacture of new residential street name signs and related material and equipment for Slurry Seal Area 4 will be funded by the City's annual signing and striping budget with $40,000 allocated for this FY 2001-2002. Based on the actual number of intersections and signs in each of the remaining slurry seal areas, the total cost for the street name signs program (including installation) will be budgeted accordingly in subsequent fiscal years. BACKGROUND: As part of the City-wide beautification program, the City Council requested information regarding the installation of new street name signs for the City's residential streets. After two study sessions, a sample of a new street name sign was designed with the City's color logo prominently displayed in a peak in the center of the blade. The background color for the new signs will be a deep green with a white/silver band around the edge of the blade. The lettering will be in Ariel font with all capital letters, the first letter of each word to be taller than the rest (see sample design). The manufacture and installation of the signs would coincide with the yearly Area Slurry Seal Projects (see Exhibit "A"). The old signs will be taken to a recycler for a rebate. DISCUSSION: Three (3) bids were submitted and opened on May 24, 2002. The lowest responsible bidder is Safeway Sign Company. The bids received were as follows: Safeway Sign Company $92,365.00 Maned Sign Company $94,980.00 Traffic Control Services $118,725.00 The bid amounts are based solely on the manufacture of new sign blades only and for the entire five-year contract for all five (5) Slurry Seal Areas. For Fiscal Year 2001- 2002, the contract with Safeway Sign Company will include the manufacture of the signs, hardware, material, and related equipment, plus the installation of the signs at all of the intersections in Slurry Seal Area 4. =01:10913'1I Sharon Gomez, Management Analyst REVIEWED BY: 1 ' n D 6AG. J66es DeSte no Director of Public Works Deputy City Manager Attachments: Exhibit "A", Slurry Seal Area Map Agreement Sign Sample g YEAR SLURRY 3ffz2L ARE&S AREA i C 163 lntarcorfinnc Exhibit HAN 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 Safeway Sign 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 and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Residential Street Name Signs and Related Material and Equipment Project in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Residential Street Name Signs and Related Material and Equipment Project in the City of Diamond Bar. The work to be performed in accordance with the contract documents and specifications, dated May 8, 2001 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 Contract Documents 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 Contract Documents and Specifications, CONTRACTOR'S Proposal dated May 24, 2002, 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 further to the assessment of liquidated damages in the amount of five hundred 500.00 dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt - by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. 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 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 May 24, 2002. 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 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. Date By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: WEN CHANG, MAYOR Date ATTEST: By: CITY CLERK Date CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time CITY ATTORNEY Date 2 O f�D � O � N a LID o° N �o ao IA O i 0° as a ° c CL CL a a x IA 7 1/2" 1 718" m D z •r` — r O o f m0 N 0 m 00 � m r 00 m ziX 7/8" cn Z —>I--2' HWY C SERIES -5" HWY C SERIES HWY C SERIES D tm VJ N .p 00 a Agenda # 6 11 Meeting Date: June 18, 2002 CITY COUNCIL �\ AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag TITLE: Resolution No. 2002 -XX "A Resolution of the City Council of City of Diamond Bar for Approval of Final Parcel Map No. 26235 for the Subdivision of a 5.5 -Acre into 3 Single Family Residences, Located on the Southwesterly side of Oak Knoll Drive in the City of Diamond Bar, California." RECOMMENDATION: c cj It is recommended that the City Council approve Resolution No. 2002 -XX, and direct the City Clerk to certify and process the map for recordation. FISCAL IMPACT: This action has no fiscal impact on the City. BACKGROUND: The applicant, Diamond Bar East Partners, and property owner, C & A Developers, have submitted an application for Final Parcel Map No. 26235 and are requesting the approval of plans to subdivide two parcels of land totaling 5.5 acres into three (3) lots. The project consists of lots 12 and 13 of Tract Map No. 48487, which are located on the southwesterly side of Oak Knoll Drive at its easterly terminus. Public Review The Planning Commission held a duly noticed public hearing on July 24, 2001, regarding Tentative Parcel Map No. 26235 and adopted its Resolution No. 2001-26, recommending that the City Council conditionally approve the proposed project. On August 21, 2001, the City Council conducted a duly noticed public hearing on Tentative Parcel Map No. 26235 and approved and adopted its Resolution No. 2001-49, subject to the execution and/or fulfillment of all conditions set forth in said resolution. Subdivision Design and Development The original City Council approval of Tract Map No. 48487 contained a number of conditions, which remain relevant to the proposed Final Parcel Map No. 26235. The applicable conditions and requirements of the Mitigation Monitoring Plan, the Biological Mitigation Monitoring Plan and all unfulfilled conditions of Tract Map No. 48487 will remain in effect'. Additionally, the proposed project will adhere to subdivision design and development standards provided in the Diamond Bar Subdivision Ordinance. The following table summarizes the essential dimensions of the three (3) lots proposed under Final Parcel Map No. 26235: Right -of -Way Dedication Right -of -Way dedication requirements have been fulfilled as part of the City Council approval of Tract Map No. 48487. Oak Knoll Drive provides public access to Final Parcel Map No. 26235. The applicant will be required to construct drive approaches within the public right-of-way in accordance with City standards. Easements Access to public utilities must be installed as part of the improvements within all subdivisions as provided in Section 21.30.110 of the City's Subdivision Ordinance. The required easements have been recorded as part of Tract Map No. 48487. Off-site and On-site Improvements Off-site and on-site improvements have been addressed as part of the previous approval of Tract Map No. 48487. DISCUSSION: The design and development of Final Parcel Map No. 26235 is appropriate with the existing surrounding neighborhood. The use of land within the proposed subdivision will be consistent with surrounding residential developments. All three lots will be in conformance with the applicable zoning designation and land use requirements. Therefore, Final Parcel Map No. 26235 is consistent with the goals and objectives of the Diamond Bar General Plan. Furthermore, Final Parcel Map No. 26235 meets all requirements of the Diamond Bar Development Code, Diamond Bar Subdivision Ordinance, and Subdivision Map Act. All conditions of approval for the parent Tract Map No. 48487 will be applicable to the proposed Final Parcel Map No. 26235. All environmental mitigation measures specified in Environmental Impact Report No. 91-2 will be applied to Final Parcel Map No. 26235. Proposed grading will substantially conform to the approved Tract Map No. 48487. Subsequent development of the project will conform to all requirements of the Diamond Bar Development Code. Final Parcel Map No. 26235 has been reviewed by the Public Works Division and has been found to be technically correct and conforms substantially to the approved tentative parcel map. -2- Approx. St. Lot Gross Area Net Pad Frontage Average Average Lot Density No. (ac.) Area Area (ft.) to St. Width (ft.) Depth (ft.) (du/gross (ac.) (ac.) Centerline ac.) 1 1.5 1.3 0.5 245 230 295 0.667 2 1.9 1.6 0.7 310 264 302 0.526 3 2.1 2.0 0.8 89 368 259 0.476 Right -of -Way Dedication Right -of -Way dedication requirements have been fulfilled as part of the City Council approval of Tract Map No. 48487. Oak Knoll Drive provides public access to Final Parcel Map No. 26235. The applicant will be required to construct drive approaches within the public right-of-way in accordance with City standards. Easements Access to public utilities must be installed as part of the improvements within all subdivisions as provided in Section 21.30.110 of the City's Subdivision Ordinance. The required easements have been recorded as part of Tract Map No. 48487. Off-site and On-site Improvements Off-site and on-site improvements have been addressed as part of the previous approval of Tract Map No. 48487. DISCUSSION: The design and development of Final Parcel Map No. 26235 is appropriate with the existing surrounding neighborhood. The use of land within the proposed subdivision will be consistent with surrounding residential developments. All three lots will be in conformance with the applicable zoning designation and land use requirements. Therefore, Final Parcel Map No. 26235 is consistent with the goals and objectives of the Diamond Bar General Plan. Furthermore, Final Parcel Map No. 26235 meets all requirements of the Diamond Bar Development Code, Diamond Bar Subdivision Ordinance, and Subdivision Map Act. All conditions of approval for the parent Tract Map No. 48487 will be applicable to the proposed Final Parcel Map No. 26235. All environmental mitigation measures specified in Environmental Impact Report No. 91-2 will be applied to Final Parcel Map No. 26235. Proposed grading will substantially conform to the approved Tract Map No. 48487. Subsequent development of the project will conform to all requirements of the Diamond Bar Development Code. Final Parcel Map No. 26235 has been reviewed by the Public Works Division and has been found to be technically correct and conforms substantially to the approved tentative parcel map. -2- PREPARED BY: John L. ilasin, Assistant Engineer REVIEWED BY: avi . Liu Director of Public Works Attachments: Parcel Map No. 26235 Tentative Parcel Map No. 26235 Vicinity Map Resolution No. 2002 -XX Date Prepared: June 10, 2002 N�� �71 4 Ja s DeStefan Deputy City Mana er -3- RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FOR APPROVAL OF FINAL PARCEL MAP NO. 26235 FOR THE SUBDIVISION OF A 5.5 -ACRE INTO 3 SINGLE FAMILY RESIDENCES, LOCATED ON THE SOUTHWESTERLY SIDE OF OAK KNOLL DRIVE IN THE CITY OF DIAMOND BAR, CALIFORNIA. A. Recitals (i) The owner, C & A Developers, and the applicant, Diamond Bar East Partners, have filed an application for approval of Final Parcel Map No. 26235 hereinafter called Application; (ii) The Planning Commission held a duly noticed public hearing on July 24, 2001, regarding the Tentative Parcel Map No. 26235 and adopted its Resolution No. 2001-26, recommending that the City Council conditionally approve the proposed project; (iii) On August 21, 2001, the City Council conducted a duly noticed public hearing on Tentative Parcel Map No. 26235 and approved and adopted its Resolution No. 2001-49, subject to the execution and/or fulfillment of all conditions set forth in said resolution; (iv) All legal prerequisites to the adoption of this resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this resolution are true and correct. 2. Based on substantial evidence presented to the City Council regarding the Application, the City Council finds the final parcel map to be in substantial conformance with the approved tentative parcel map. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, no significant adverse environmental effects will occur. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 181h day of June, 2002. Wen P. Chang, Mayor ATTEST: Lynda Burgess, City Clerk I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 181h day of June, 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar - 2 - 9 1 � ' A ✓• — a 'yam '� — "'w a W €i, VLr' I .#, a CN a N ®t LU I TCL E� W x�a i VICINITY MAP p� T�FI�D�R N.T.S. Rp STEEPLECHASE LANE WAGON TRAIN LANE OAK KNOLL DRIVE Q� PROJECT SITE WINDMILL DRIVE ��HAWKWOOD ROAD COLD SPRINGS LANE AMBUSHERS STREET City of Diamond Bar, CA EXHIBIT "A' PROJECT Tentative Parcel Map No. 26236 RESOLUTION NO. 2002 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR FOR APPROVAL OF FINAL PARCEL MAP NO. 26235 FOR THE SUBDIVISION OF A 5.5 -ACRE INTO 3 SINGLE FAMILY RESIDENCES, LOCATED ON THE SOUTHWESTERLY SIDE OF OAK KNOLL DRIVE IN THE CITY OF DIAMOND BAR, CALIFORNIA. A. Recitals (i) The owner, C & A Developers, and the applicant, Diamond Bar East Partners, have filed an application for approval of Final Parcel Map No. 26235 hereinafter called Application; (ii) The Planning Commission held a duly noticed public hearing on July 24, 2001, regarding the Tentative Parcel Map No. 26235 and adopted its Resolution No. 2001-26, recommending that the City Council conditionally approve the proposed project; (ii) On August 21, 2001, the City Council conducted a duly noticed public hearing on Tentative Parcel Map No. 26235 and approved and adopted its Resolution No. 2001-49, subject to the execution and/or fulfillment of all conditions set forth in said resolution; (iv) All legal prerequisites to the adoption of this resolution have occurred. B. Resolution NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals of this resolution are true and correct. 2. Based on substantial evidence presented to the City Council regarding the Application, the City Council finds the final parcel map to be in substantial conformance with the approved tentative parcel map. 3. The City Council hereby specifically finds and determines that, based upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the Application, no significant adverse environmental effects will occur. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 18th day of June, 2002. Wen P. Chang, Mayor ATTEST: Lynda Burgess, City Clerk I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of June, 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar WA its . 11111111 - -, �AVAM�Yy- fill 151 g a 1 , i y211 fw"' �1r ' •v' 'ail///. !1_,,r� 0)v Nm Co ago r i■! � �eiT- a lag H 1 �- -- c e I kAl , � � � IsT ;C �• i F II � � � j3 h �« r i■! � �eiT- a lag H 1 �- -- c e I IRM VICINITY MAI' N.T.S. STEEPLECHASE LANE \- WAGON TRAIN LANE OAK KNOLL DRIVE PROJECT SITE WINDMILL DRIVE �HAWKWOCD ROAD COLD SPRINGS LANE AM13USHERS STREET City of Diamond Bar, CA PROJECT' Tentative Parcel Map EXHIBIT "A." No.26236 Vicinity Map Agenda # 6.12 Meeting Date: June 18, 2002 CITY COUNCIL 9� AGENDA REPORT TO: Honorable Mayor and Members of e City Council VIA: Linda C. Lowry, City Manager tti_U TITLE: Resolution No. 2002 -XX, A Resolution Of The City Council Of The City Of Diamond Bar Authorizing Litigation Challenging The Trash TMDL For The Los Angeles River Recommendation: That the City Council approve Resolution No. 2002 -XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AUTHORIZING THE FILING OF A LAWSUIT IN STATE COURT AGAINST THE LOS ANGELES REGIONAL WATER QUALITY CONTROL BOARD AND THE STATE WATER RESOURCES CONTROL BOARD AND A LAWSUIT IN FEDERAL COURT AGAINST THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY CHALLENGING THE TRASH TOTAL MAXIMUM DAILY LOAD FOR THE LOS ANGELES RIVER Fiscal Impact: The City is a member of the Coalition for Practical Regulation (CPR), a group of 42 Los Angeles County cities. The estimated cost for the State and Federal lawsuits is $120,000, approximately $3,900 per city member. According to CPR staff, costs for the State and Federal litigation will be covered in this year's CPR membership dues. Diamond Bar has paid $1,000 towards.the membership dues and it Is expected that $2,000 will be requested at a later time. Background/Discussion: The CPR desires to pursue lawsuits challenging the imposition of the Trash Total Maximum Daily Loads (TMDL) on the Los Angeles River Communities. These lawsuits are not expressly tied to the current CPR's petition regarding the new NPDES permit. The CPR's petition was filed in January to contest the new permit, a position supported by the City of Diamond Bar in a resolution. The City of Diamond Bar has implemented all elements of the past permit, and has or will be implementing all elements of the new permit. However, as Trash TMDL's are being promulgated for the Los Angeles River, it's important to consider the potential impacts of the "Zero" Trash TMDL for the San Gabriel River. The United States Environmental Protection Agency (EPA) and the Natural Resources Defense Counsel entered into a Consent Decree in 1998 mandating the development of over 90 Total Maximum Daily Loads (TMDLs) for the Los Angeles region during the next five years. TMDLs will set numeric limits for dozens of constituents of storm water. TMDLs will not only be developed for trash, but for bacteria, sediments, pesticides, metals and other constituents of storm water. TMDLs will effectively establish numeric limits, which will be measured at the various outfalls in the City's storm drain system. Cities whose storm water exceeds the specified numeric limit are subject to daily fines of $27,500 by the Regional Water Quality Control Board (RWQCB) and exposed to third party litigation under the Clean Water Act. "ZERO" Trash TMDL will set a Precedent The Trash TMDL for the Los Angeles River requires that cities and the County measure water -borne trash during the next two (2) year period to establish a baseline of trash in their storm drain system. Cities will then be required to reduce the amount of trash in the storm drain system by 10% per year, to "Zero" by the tenth year. Technically, only those cities draining into the Los Angeles River are covered by this TMDL. However, it is believed this TMDL will be used as a model for the other Trash TMDLs. The State :is currently recommending placing the entire San Gabriel River on a "watch list" for imposing a future Trash TMDL. If approved, the Board will continue to study the Trash TMDL for the San Gabriel River to see if it is impaired for trash. if determined to be impaired for trash, then the "Zero" Trash TDMA might be implemented two to four years from now. This might mean that Diamond Bar would have to' reach zero about twelve to fourteen years from now. The ZERO Trash TMDL will also be used as a model for other TMDLs, as well. The Regional Board adopted a Coliform Bacteria TMDL for the Santa Monica Bay in March. This is in essence another "ZERO" TMDL, since it requires that the cities and the Sanitation District divert "dry weather" storm water run-off to the local sewer system. "ZERO" Should be the Goal — Not the Mandate It is unclear how cities can realistically comply with a "ZERO" Trash TMDL. Compliance will ultimately require the modification of catch basins and/or the construction of treatment facilities, to screen the trash from the storm water. "ZERO is a suitable goal for storm water, but that it should not be a hard'and fast requirement. CONCLUSION: It is possible that a "Zero" Trash TMDL will be applied to the San Gabriel River Watershed and that the Board will attempt to employ the "zero tolerance" standard for other types of pollutants. The 'City of Los Angeles has recently filed its own lawsuit, and the CPR sees this as an opportunity to draft similar pleading. If the City participates in the litigation we would execute a retainer letter for Rutan and Tucker to represent Diamond Bar in their representation of the CPR. PREPARED BY: David G. Liu, Director of Public Works REVIEWED BY: David G. Li erector of Public Works Attachment: Resolution No. 2002 -XX 1 � Ja es DeSte no, Deputy City Manager RESOLUTION NO. 2002- A Resolution of the City Council of the City of Diamond Bar Authorizing the filing of a lawsuit in State Court against the LARWQCB and the SWRCB and a lawsuit in Federal Court against the United States Environmental Protection Agency EPA Challenging the Trash Total Maximum Daily Loads for the Los Angeles River. WHEREAS, the California Regional Water Quality Control Board, Los Angeles Region ("Board") initially adopted a Trash Total Maximum Daily Load for the Los Angeles River Watershed ("TMDL") on January 25, 2001, but thereafter revised the TMDL and re -adopted it on September 19, 2001; WHEREAS, on February 19, 2002, the State Water Resources Control Board ("State Board") adopted a resolution approving the TMDL adopted by the Regional Board on September 19, 2001, pursuant to California Water Code Section 13245 ("State TMDL"). The State TMDL has now been forwarded on to the Office of Administrative Law for review and consideration. If approved by the OAL, it will then be forwarded to the United States Environmental Protection Agency ("EPA") for its review and approval; WHEREAS, on March 19, 2002, EPA also established a separate Trash TMDL four the Los Angeles River ("EPA TMDL"). The EPA TMDL is nearly identical to the State TMDL, with the most notable exception being that the EPA TMDL does not include an Implementation Plan; WHEREAS, under both TMDLs, the cities in the Los Angeles County Watershed, will be required to establish programs that inventory the water borne trash in the municipal storm drain system over the next twelve-year period. The cities will also be required to reduce the amount of water borne trash over this same period by 10% per year, until there is "zero' trash coming out of the storm drain systems and entering the Los Angeles River, i.e., a "Zero TMOL"; WHEREAS, both TMDLs require that cities monitor water borne trash for the next: two years in order to establish a base line waste load. The base line waste load allocation is to then be used to monitor compliance with the trash reduction mandates in the TMDLs, and both TMDLs will require cities to implement programs and capital improvements to reduce the base line waste load by 10% annually, until the cities reach the level of zero trash; WHEREAS, the State and Regional Boards, and EPA (collectively "Agencies"), failed to properly develop the TMDL in accordance with federal guidelines and the requirements of the Clean Water Act and the regulations thereunder, and failed to comply with the requirements of State Law. In addition, the Agencies failed to include requirements and other programs to address trash from "nonpoint sources" and the other "point sources," including trash coming from State and federal facilities; and WHEREAS, the Agencies also failed to perform an appropriate fiscal and costlbe#tefit analysis for the TMDLs, failed to consider whether the TMDLs' numeric targets are attainable, failed to determine whether they are "suitable for calculation" and based on proper technical 227/065121-0067 156393.03 PM02 conditions, and to determine whether the TMDLs are necessary to implement water quality standards for the Los Angeles River; WHEREAS, the Agencies failed to consider the application of the maximum extent practicable ("MEP") standard required under the Clean Water Act, and whether a "zero' trash TMDL can be achieved through compliance with the MEP standard; WHEREAS, the City currently supports and funds efforts to reduce and eliminate storm water pollution. During the five and one half year period of the 1996 MS4 Permit ending on December 13, 2001, the City implemented street sweeping efforts, increased catch basin cleaning, funded a public information program on storm water pollution, implemented construction project inspection programs, implemented the SUSMP program, completed the site visitation programs, initiated waste -oil recycling programs and implemented various other programs. The City, at a minimum, will be continuing with all of the programs that it was previously implementing under the 1996 MS4 Permit, and will be implementing additional programs as necessary to comply with the valid terms of the new MS4 Permit adopted on December 13, 2001, as such permit may be modified or revised by the State Board, or by the State or Regional Boards as a result of any Court determination on the validity of such terms; WHEREAS, under the MS4 Permit, the City, along with 83 other incorporated cities in Los Angeles County and the County of Los Angeles, will be required to expand existing storm water treatment programs, and implement new storm water programs, which the Regional Board purports will improve the quality of municipal storm water in a cost-effective manner. How6ver, a cost -benefit study was never performed by the Regional Board to illustrate that the new programs will result in cost-effective improvements to storm water quality. In addition!, the Regional Board did not develop or rely upon scientific data to support the need for the numerous programs to be imposed by the new MS4 Permit. A copy of the "Financial and Economic Impacts of Storm Water Treatment Los Angeles County NPDES Permit Area" prepared by the California Department of Transportation in November of 1998 (Report I.D. #CTSWRT-98-72) was supplied to the Regional Board for its review and consideration before issuing the new MS4 Permit. This Report concluded that to treat storm water to comply with the proposed MS4 Permit and the future Total Maximum Daily Loads would cost over $53.6 billion to construct, with an annual operational cost of $198 million. The Report also found that 13,950 acres of new storm water retention facilities would be required, with 480 storm water treatment facilities. The Report further concluded that annual costs per household for the new treatment facilities would be $1,295, and that property taxes would increase by as much as 70% (a 2.06% tax rate) in order to finance the capital improvements; WHEREAS, the Agencies, with the adoption of both TMDLs, are improperly seeking to shift responsibility under State and federal Law to develop and enforce a trash TMDL on nonpoint sources and other point source dischargers, on to municipalities, and to hold individual cities legally responsible for the actions and inactions of each of its citizens and visitors; WHEREAS, the Coalition for Practical Regulation ("Coalition"), a coalition of 42 or more Los Angeles County cities, presented a cost-effective alternative trash reduction plan ("Coalition Alternative") to the Regional Board, which was designed to recognize the financial constraints placed upon the cities in implementing the TMDLs. The Coalition Alternative 227/065121-0067 156393.03 PM02 -2- permitted cities to form regional problem solving groups, with Los Angeles County and other government agencies, to implement cost-effective trash reduction programs; WHEREAS, the Coalition and others, including the City and the County of Los Angeles requested that the "Zero TMDU be a "goal" and not a legal mandate imposed on cities, to avoid making cities liable for the actions of all individuals and visitors to the County. These requests to make the TMDLs goals only, were rejected by the Agencies. Thus, as a legally enforceable mandate against the cities, the cities will be subjected to $27,500 in fines per day, per violation, and to third party litigation, should the cities fail to achieve the trash reduction limits in the TMDL in any particular year; WHEREAS, the Coalition and other members of the public, presented testimony to the State and Regional Boards and submitted extensive comments to EPA, explaining the defects of the TMDLs. and the financial crisis created if the cities were required to allocate potentially billions of dollars to fund the new programs over the next dozen years, and to incur hundreds of millions of dollars thereafter; WHEREAS, the Coalition requested that the State and Regional Boards follow the procedures outlined in the California Environmental Quality Act (CEQA), which require that the Regional Board examine the potential significant adverse environmental impacts from the TMDL on existing City services, such as public safety, public works and other municipal programs, but the Regional Board failed to do so; WHEREAS, the State and Regional Boards further failed to discuss the Coalition Alternative and failed to amend the TNIDLs to incorporate any portion of the Coalition Alternative. These Boards also refused to adequately address the impacts of the TMDLs on the environment and on other governmental services; WHEREAS, the Office of Administrative Law is to consider the appropriateness of the State Board approved TMDL, to determine whether it complies with the requirements of "necessity," "authority," "clarity," "consistency," "reference," and "non -duplication," as defined under Government Code Section 11349 et seq.; WHEREAS, pursuant to a prior agreement with the California Attorney General's office, if the Office of Administrative Law approves the TMDL approved by the State and Regional Boards, the City will have thirty (30) days in which to seek relief in State Court to challenge the TMDL in that it does not comply with the Clean Water Act or State law, including on the grounds that it does not comply with the requirements of CEQA; WHEREAS, the EPA TMDL was developed pursuant to a Consent Decree approved in that action entitled Heal the Bay, et al. v. Browner et al. USDC Case No. C 98-4825 SBA. This Consent Decree mandated deadlines for the adoption of some 90 TMDLs for the Los Angeles Region, but did so without input from the County of Los Angeles, or any cities within. the County, and without any opportunity for the public to comment on the Consent Decree; WHEREAS, the stated purpose of the Consent Decree is to provide a mechanism by which certain remedies will be implemented "without delay," including the establishment of the numerous TMDLs for the Los Angeles Region, through an expedited schedule, irrespective of 227/065121-0067 156393.03 PM02 -3- the schedule and process to be followed under the Clean Water Act or under State law for the proper development of TMDLs; and WHEREAS, the actions taken by the Agencies in adopting the TMDLs are inconsistent with the requirements of the Clean Water Act, the Federal and State Administrative Procedures Acts, and other State law, including CEQA, and will result in the imposition of unsupportable programs and unfunded mandates. NOW THEREFORE, the City Council of the City of Diamond Bar, resolves as follows: SECTION 1. To participate with the Coalition in the filing of an action in Federal District Court challenging the TMDL approved by EPA, and, as appropriate, challenging the terms of the Consent Decree which led to EPA's adoption of the TMDL, including providing any requisite pre -litigation notice as may be necessary under federal law. SECTION 2. To participate with the Coalition in challenging, in California Superior Court, the State and Regional Board's approval of the TMDL and any improprieties im the actions taken or to be taken by the Office of Administrative Law. SECTION 3. That Richard Montevideo, Esq., be retained to advise, assist, and represent the City in his representation of the Coalition in challenging the Agencies actions as set forth above. SECTION 4. The City Clerk shall certify to the passage and adoption hereof. PASSED, APPROVED AND ADOPTED THIS DAY OF , 2002. Wen P. Chang, Mayor ATTEST: Lynda Burgess, City Clerk 227/065121-0067 156393.03 PM02 -4- 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 day of , 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk, City of Diamond Bar CITY COUNCIL Agenda # 6.13 Meeting Date: _ June 18, 2002 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managerti�.� TITLE: APPROVAL OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE STATE OF CALIFORNIA AND THE CITY OF DIAMOND BAR REQUIRING THE USE OF OLD BREA CANYON ROAD IN THE CITY OF DIAMOND BAR FOR THE CALTRANS' PROPOSED STATE ROUTE 57160 WEAVE IMPROVEMENT AND HIGH OCCUPANCY VEHICLE LANE CONNECTOR PROJECT RECOMMENDATION: That the City Council approve the Memorandum of Understanding (MOU) between the State of California (Caltrans) and the City of Diamond Bar requiring the use of Old Brea Canyon Road in the City of Diamond Bar for the Caltrans' proposed SR 57160 Weave Improvement and High Occupancy Vehicle Lane Connector Project. FINANCIAL SUMMARY: The MOU requires no funding obligation on the part of the City of Diamond Bar. The MOU Is only a guide to the intentions and responsibilities of the parties involved, and is not intended to authorize or obligate funding for project effot. BACKGROUND: The proposed Caltrans project will construct High Occupancy Vehicles (HOV) direct connector (an elevated bridge structure) between the Route 57 and 60 Freeways. The project will consist of the following modifications to accommodate the HOV connector: Route 60 will be widened from east of the Route 57/60 Interchange to east Of Grand Avenue. The existing HOV lanes will be realigned next to the proposed HOV direct connector located in the freeway median; y Route 57 will be widened from just north of Pathfinder Road to the Route 57160 Interchange. The existing HOV lanes will be extended from just north of Pathfinder Road to join the new HOV connector; ➢ A new collector road on westbound Route 60 will be constructed. This road will start from just west of the Grand Avenue on-ramp and will connect to Route 60 just west of Brea Canyon Road. Prior to joining the Route 60 freeway, the collector road branches off with one leg serving as the westbound 60 off -ramp to Brea Canyon Road. Furthermore, it will allow vehicles entering the westbound Route 60 freeway at Grand Avenue to stay in the auxiliary lane that eventually leads into the collector road. The need to cross three (3) lanes of traffic to continue onto westbound Route 60 will be eliminated. The eastbound Grand Avenue off -ramp will be widened to three (3) lanes from the current two (2) lanes to accommodate projected traffic volume for year 2020; r The westbound Route 60 Brea Canyon Road on-ramp, the westbound Route 60 Grand Avenue On -Ramp, the eastbound Route 60 Grand Avenue On-ramp and Old Brea Canyon Road will be realigned; Soundwalls will be constructed to the westbound Brea Canyon Road on -ram' , on the collector road, and along a portion of the eastbound Route 60 to southboundoute 57 connector; and Aesthetic treatments on the proposed soundwallslstructures The realignment of Old Brea Canyon Road will be on property designated as public street right of way located within in the City of Diamond Bar. Exhibit "B" of the MOU slows the portions of the public street right of way required to widen the freeway colored in yellow and to realign Old Brea Canyon Road colored in orange. Old Brea Canyon Rad is a maintenance road used to maintain utilities and a sewer line. Currently, the access is restricted by a locked gate located at Grand Avenue. The total estimated cost for this project, including construction and of right of way,. is $67.1 million. The purpose of the proposed project is to increase capacity and reduce congestion by eliminating and/or minimizing the current difficult weaving movements on a ,common alignment between SR 57 and SR 60. The project schedule is as follows: Right of Way Control y Advertisement Date Begin Construction End Construction DISCUSSION: June 17, 2002 August 2002 (Tentative) January 2003 (Tentative) January 2006 (Tentative) The MOU would allow Caltrans to utilize a portion of the public street right of way Occupied by Old Brea Canyon Road for freeway widening. Caltrans will be responsible for the jurisdiction and maintenance of the right of way. Caltrans will design and realign Old Brea Canyon Road at no cost to the City Within the remaining portion of public street right of way. The City will be given the opportunity to 2 review and approve the design to realign Old Brea Canyon Road prior to advertising of the project for construction (preliminary design shown on Exhibit "B" of the MOU). The City will also retain ownership of the remaining portion of the public street right of way and accept maintenance responsibilities. Prepared By: Sharon Gomez, Management Analyst D id . Liu JVnes DeSt fano Director of Public Works Deputy City Manager Attachments: Exhibit "A", Memorandum of Understanding 07 -LA -57/60 5.2/7.3,36,5/40.0 HOV CONNECTORS 07226-125701 MEMORANDUM OF UNDERSTANDING This "Memorandum of Understanding" (MOU) is made between the State of California, Department of Transportation (CALTRANS) and the City of Diamond Bar (CITY), regarding CALTRANS' proposed project requiring the use of public street right of way currently occupied by Old Brea Canyon Road located within CITY. Exhibit A shows the Project Location. The proposed project will construct High Occupancy Vehicles (HOV) direct connectors between the Routes 57 and 60 Freeways. It will consist of the following modifications to the existing freeway facilities: (1) Route 60 will be widened from east of the Route 57/60 Interchange to east of Grand Avenue; (2) Route 57 will be widened from just north of Pathfinder Road to the Route 57/60 Interchange; and (3) the westbound Rout 60 Brea Canyon Road On-ramp, the westbound Route 60 Grand Avenue On-ramp, the eastbound Route 60 Grand Avenue On-ramp and Old Brea Canyon Road will be realigned. The realignment of OId Brea Canyon Road will be on property designated as public street right of way located within CITY. Exhibit B shows the portions of said public street right of way required to widen the freeway colored in yellow and to realign Old Brea Canyon Road colored in orange. Old Brea Canyon Road is a maintenance road used to maintain utilities and a sewer lines. The access is restricted by a lock gate located at Grand Avenue. The purpose of the proposed project is to increase capacity and reduce congestion by eliminating and/or minimizing the following difficult weaving movements: • The existing HOV traffic traversing between Route 57 and Route 60 must exit the existing HOV lanes, cross three freeway lanes onto the branch connectors of the respective routes and again cross three freeway lanes to enter the existing HOV lanes. The level of service on both freeways is affected greatly by these weaving movements. • Traffic entering from Grand Avenue On-ramp destined for the westbound Route 60 Freeway must make three lane changes within 2700 feet. The level of service on the westbound Route 60 is also greatly affected by this weave. The proposed project will result in the following improvements: • HOV traffic traveling between Route 57 and Route 60 will be able to change routes without leaving the HOV lane thereby eliminating some of the weaving movements between Routes 57 and 60. The new collector road adjacent to the westbound Route 60 from just west of the Grand Avenue On-ramp to Brea Canyon Road will allow vehicles entering at the Grand Avenue On-ramp to remain on the auxiliary lane that eventually leads to the collector road and onto the westbound Route 60. This will eliminate the need to cross three lanes of traffic for the on-ramp traffic destined to the westbound Route 60. The project schedule is as follows: • Right of Way Control ---------June 17, 2002 • Advertisement Date -----------August, 2002 (Tentative) • Begin Construction ------------January, 2003 (Tentative) RESPONSIBILITIES 1. CITY agrees to allow Caltrans to utilize a portion of the public street right of way occupied by Old Brea Canyon Road for freeway widening as colored in yellow on Exhibit B. CALTRANS will be responsible for the jurisdiction and maintenance of said right of way. The effective date for said jurisdiction shall be upon initiation of construction work in the area of said right of way. 2. CALTRANS will design and realign Old Brea Canyon Road at no cost to CITY within the remaining portion of public street right of way as colored in orange on Exhibit B. 3. CALTRANS will obtain CITY's review and approval of the design to realign Old Brea Canyon Road prior to advertising the project for construction. A preliminary design of the realignment of Old Brea Canyon Road is shown on Exhibit B. 4. CITY will retain ownership of remaining portion of public street right of way and accept maintenance responsibilities of the portion of Old Brea Canyon Road colored in orange on Exhibit B, upon CITY's inspection and acceptance of the reconstructed facilities. This MOU is not a funds obligation document but only a guide to the intentions, responsibilities and policies of the parties involved and is not intended to authorize or obligate funding for project effort, nor is it a legally binding contract. Funding commitment, providing for the deposit of funds, specific work phases, or project effort committing equipment or personnel time will require execution of a cooperative agreement separate from this MOU. This MOU may be revised as necessary by mutual consent of CITY and CALTRANS, by issuance of a written amendment, signed and dated by both CITY and CALTRANS. William H. Reagan Date Deputy District Director - Design Caltrans District 7 David G. Liu Director of Public Works City of Diamond Bar 3 Date Al ch- r� Z T a�—A rCYJI F-� LU LLLJ O V W 3nN3hr 371drv�1 \.1 o � a � m � o� a O 10 \S `iz !L V •1 �� Z O Q W e O� �6 01-1 o :Y nC:m s- a s J W cc dK ca 1�6J b� S �Vti i Q. cr lt,J/ �. �i/ m W i 0 o� ch- r� Z T a�—A rCYJI F-� LU LLLJ O V W CITY COUNCIL Agenda # G 14 Meeting Date: June 18 2002 AGENDA REPORT TO: Honorable Mayor and Members o he City Council VIA: Linda C. Lowry, City Manag TITLE: Extend Contract Services Agreement with Southland Sports Officials for the 200203 FY in the amount not to exceed $30,000, which includes a $3.00 per game increase for adult softball officials. RECOMMENDATION: Extend contract. FINANCIAL IMPACT: Funds for this contract are included in the proposed 2002/03 FY �udget and includes the $3.00 per game increase for the softball officials. Participant fees pay f r all costs related to this contract. BACKGROUND: The City Council awarded a contract to Southland Sports Officials or August 7, 2001. Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. DISCUSSION: Since the original contract was awarded, Southland Sports Officials haa provided contract officials for our adult softball and basketball leagues. These officials have the c rtifications, Knowledge and experience to officiate our adult leagues in the appropriate ma ner. Staff recommends that the contract be extended for the 2002/03 FY in an amount not to exceed,$30,000. ATTACHMENT: Amendment #1 contract services agreement PREPARED BY: Sara West Recreation Specialist REVIEWED BY: B Rose Community Services Director James DeStefano Deputy City Manager , AMENDMENT #1 TO SPORTS OFFICIAL SERVICE AGREEMENT THIS AMENDMENT #1 TO SPORTS OFFICIAL SERVICE AGREEMENT is made this 1st day of July, 2002 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and SOUTHLAND SPORTS OFFICIALS (CONTRACTOR). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1, 2001 ("the AGREEMENT") for officiating services for the adult sports program. b. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months and to increase the game fee for adult softball officials to $23.00 frog $20.00. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2002 through June 30, 2003. Section 2 — Exhibit `B" dated May 30, 2001 is replaced with new Exhibit `B" dated June 12, 2002 attached hereto. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Title APPROVED TO FORM City Attorney SOUTHLAND SPORTS OFFICIALS Contractor Signed Title City Clerk EXHIBIT "B" J �+ Y/ Southland sports Officials 1822-A E. Route bb, #437 Glendora, CA 91740 (818) 425-9789 Ms. Sara west City of Diamond Bar Recreation Department 21825 Ecopety Drive Diamond Bar, CA 917654178 Dear Ms. West, The Southland Sports Officials Organization would lice to offer a bid for a sports officiating service contract with the City of Diamond Bar. Our bid for two (2) basketball officials will be $46.00 per game. One (1) softball official will be $23.00 per game. We are asking for a $3.00 (three dollar) increase for softball umpires. We are asking for this increase so that we can attract more quality umpires to the City of Diamond Bar. In regards to our policies, we charge a one and a half game fee for officials who are scheduled for one game. For example, the charge for two basketball officials scheduled for one game would be $69.00. Our policy on forfeits would be that they are paid in full. For rainouts, we would need t least a one hour notice so that we could contact our officials. If you have a message hotline, we would have our officials call that line one hour before game time on a rainy day. Another policy we have is in regards to officials not showing up for their assignments. If only one basketball official shows up to officiate a game, we will only charge you for half the amount that we are bidding ($23.00 per game). If a softball umpire does not show up, we obviously would not charge any fee. We hope that you will consider our bid and award us the officiating contract with the City of Diamond Bar. Sincerely, FrarOrtiz Southland Sports Official Association T d d9Eezi 20 ET Unr SPORTS OFFICIALS SERVICE AGREEMENT THIS AGREEMENT is made as of August 7, 2001 by and between the City of Diamond Bar, a municipal corporation ("City") and Southland Sports Officials, ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposals dated May 30, 2001. B. Contractor represents that it is fully qualified to perform such officiating services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: I. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" the City's request for proposals dated, May 30, 2001. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit "B", dated May; 30, 2001, and as supplemented in seasonal league playing schedules provided by the City Manager, or his designee. Services commence when official arrives at designated assignment site, and (tease when official departs said site. Services do not involve any travel or transportation whatsoever. 2. Term of Agreement. This Contract shall take effect July 1, 2001, and shall continue until June 30, 2002 unless earlier terminated pursuant to the provisions herein. By mutual agreement and consent of City and Contractor, this agreement may be extended for up to five (5), one (1) year increments. Conditions and fees to be negotiated at time of extension, as amended. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B. " Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed thirty thousand dollars ($30,000). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Contractor: prank Ortiz City of Diamond Bar Southland Sports Officials 21825East Copley Drive 1822-A E. Route, 66, # 437 Diamond Bar, California 91765-4177 Glendora, CA 9'1740 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shalllhave control over the conduct of Contractor or any of Contractor's employees, except as set forth ih this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all t4xes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way Fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting', and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor represents that he does not have any employees nor will he have any employees during the term of this contract. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agjrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any feesidue to Contractor under this Agreement any amount due to City from Contractor as a resuli of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standar of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations or liabilities that 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 Contractor, 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 Contractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $3,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Contractor shall require contracting officials to carry automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. 1. B. All policies of insurance shall cover the obligations of Contractor pursuant �o 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. Contractor shall submit to City insurance certificates indicating compliances with the minimum insurance policy endorsements indicating compliance with all minimum insu�ance requirements above, not less that one (1) day prior to beginning of performance unde� this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Conflict of Interest. A . Contractor covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the perfo ; nce of its services hereunder. Contractor further covenants that, in performance of this Agreer ent, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Contractor covenants not to give or receive any compensation, mone or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survived the termination of this Agreement. 11. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. Contractor may terminate this Agreement with or without cause upon ninety (90) days written notice to the City. The effective date of termination shall be upon the date specified in the notice of termination. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. 12. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services req ired under this Agreement will be performed by Contractor or under it supervision, and all pers nnel engaged in the work shall be qualified to perform such services. Contractor reserves the ri ht to determine the assignment of its own employees to the performance of Contractor's services nder this Agreement, but City reserves the right, for good cause, to require Contractor to exclud any employee from performing services on City's premises. 13. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, Isex, 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 hall include but not be limited to the following: employment, upgrading, demotion, trans ers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees pl ced by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, clor, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handl ap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted inl� all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 14. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the p for written consent of City, and any attempt by Contractor to so assign this Agreen ent or any rights, duties, or obligations arising hereunder shall be void and of no effect. 15. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments, 16. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its 11 costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 18. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business lours or by facsimile before or during regular business hours; or (b) on the third business day folldwing deposit in the United States mail, postage prepaid, to the addresses heretofore set forth itt the Agreement, or to such other addresses as the parties may, from time to time, designate in waiting pursuant to the provisions of this section. 19. Governing Law. This Contract shall be interpreted, construed and enforcod in accordance with the laws of the State of California. 20. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, and any other documents incorporated h¢rein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except! in a writing signed by the parties which expressly refers to this Agreement. Amendments on b$half of the City will only be valid if signed by the City Manager or the Mayor and attested by the (City Clerk. 22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by': this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR BB�: Lynda Burgess Ro ert SAPY City Clerk Mayor Approved as to form: B City Attorne "CONT CTOR" Sodthland Sports Officials Association By: Its: "=BIT A" REQUEST FOR PROPOSAL The City of Diamond Bar is currently accepting Proposals for a Frovider of Officials for our adult Basketball program, and Adult Softball Frogram. Introduction To service the community with the aforementioned sports, the City of Diamond Bar is seeking proposals for a provider of officiating services. Scone of Work To be considered for the officiating services, proposals must be submitted to the City of Diamond Bar by May 30, 2001. Services ❖ Adult basketball officials for 324 games, using two man mechanics, a total of 648 officials. This service would cover a period of one year. Adult softball officials for 572 games using one man mechaz, cs. This service would cover a period of one year. Selection Process After the May 30, 2001 deadline, the proposals will be reviewed. If you have any questions about the RFP or the selection process, please contact Sara West, Recreation Specialist, at 909.396.8846. Please submit all proposals to: City of Diamond Bar, Community Services Division, 21825 E.Copley Drive, Diamond Bar, CA 91765. i 5. i i May 30, 2001 M.S. Sara West City cfDb mond Bar Recreation Department 21825 E. Copley Drive Diamond Bar, CA 91765-4178 Dear Ms. West: The Southland Sports Official Association would like to offer a bid for officiating services for the Summa and year round contract with the, City of Diamond Bar. Our bid for two (2) basketball officials will be 546.00 per game. One sofiW umpire will be 520.00 per game. In regards to our policim we charge a one and a half game fee for officials who are scheduled for one game. For example, the charge for two basketball officials scheduled for one game would be 569.00. Our policy on forfeits. would be that they are paid in fut For rainouts, we would reed at least a one hour notice so that we could contact out of cisls. If you have a message hotline, we would have our officials call that line one hour before game time on a rainy day. Another policy we have is in regards to officials not showing up for their assigis meats. If only one basketball official shows up to officiate a game, we will only charge you for half the amount that we are bidding (323.00 per game). If a softball umpire does not show up, we obviously would not charge any fee, We hope that you will consider our bid and award us the officiating contract with the City of Diamond Bar. Sincrrtly, " Frank Ortiz -Southland Sports Official Association Agenda # 6.15 a Meeting Date: June 18, 2002 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage TITLE: Increase in the Contract with Tennis Anyone for Recreational Tennis Instruction for the 2001/2002 Fiscal Year in the Amount of $45,000 from $40,000. RECOMMENDATION: Approve the contract increase. FINANCIAL IMPACT: Funds to pay for this contract increase come from revenue collected from participants who take tennis instruction classes in the City's Recreation Program. Tot I estimated revenue for the 2001/2002 Fiscal Year from tennis instruction is $67,000. BACKGROUND: On October 3, 2000, the City Council awarded a contract to Tennis Anyone in the amount of $40,000 for recreational tennis instruction for the 2000/2001 Fiscal Year. A provision in the agreement allows the contract to be extended on an annual basis, if the extension is deemed to be in the best interest of the city. The contract was extended by City Council on November 6, 2001 for the 2001/2002 Fiscal Year in the amount of $40,000. DISCUSSION: The 40 000 contract amount was based on projected participa ion for the $ p J 2001/2002 Fiscal Year. The basis for this projection was actual participation during t ie last two Fiscal Years. Participation in the tennis classes during 2001/2002 Fiscal Year has exceeded projections necessitating this request for an increase in the contract amount to $45,000 from $40,000. ATTACHMENT: Commercial Instructor Agreement PREPARED BY: Kim Crews, Recreation Specialist REVIEWE I B e James DeStefano Director of Community Services Deputy City Manager CITY OF DIAMOND BAR COMMUNITY SERVICES DEPARTMENT AGREEMENT FOR RECREATION SERVICES INSTRUCTION (COMMERCIAL INSTRUCTOR) 1. Parties. The parties to this Agreement are: 1 1.1 Instructor: Tennis Anyone ("Instructor") 1.2 City of Diamond Bar, a municipal corporation ("City"). 2. Instructor Services. Instructor shall: 2.1 Conduct the following class ("the class") on behalf of the City's Recreation Services Program in accordance with all ordinances,' policies and regulations of the City: The Cit of Diamond Bar 2.2 The class shall be conducted in accordance with the following: a. Class name: Pee Wee Tennis Academy AC: 4350 6a form. (P rticipa is must provide their own raCguet for personal use.) c. Days of class: Monday ,and/or Wednesday d. Time of class: 4:45-5:3012m e. Date of first class: April 1. 200 f. Date of last class: April 242002 g. Registration deadline: April 1. 2002 h. Maximum participants: 20 City of Diamond Bar Page 1 5ession - 6 Agreement for Recreation Services Instruction Instructor: Tennis Anyone 0 r i. Minimum participants: 4 [If minimum is not achieved by registration deadline, City reserves the right to cancel the class, in which event this Agreement shall be deemed terminated and of no force and effect] j. Location of class: Ronald Reagan Park Courts k. Minimum/maximum age of participants: 4_7 1. Equipment furnished by Instructor: Ngne m. Equipment furnished by City: None n. Special information: Participants -must provide their own racquet for pgrs�nal attend any tennis class at their same level. o. Fee: $29+$5 administt,.~ tive fee_ = _ 34/lday/� administrative fee = $49/2days/4 weeks 2.2 The class shall be conducted in accordance with the following: a. Class name: Pee Wee Tennis Academ AC: 4350 6b b. Class objective: This class is desigmed for the lift a or days at a reduced rate. Please indicate choice of dgy or days on the registration form. (Participors must provide their own racquet for personal use.) c. Days of class: Monday and/or Wedne day d. Time of class: 4:45-5:30 Dm e. Date of first class: April 29. 200 f. Date of last class., May 22_ .22002 g. Registration deadline: Aril 29 002 h. Maximum participants: 2Q i. Minimum participants: 4 City of Diamond Sar Page 2 Agreement for Recreation Services Instruction Session - 6 Instructor: Tennis Anyone 2.2 [If minimum is not achieved by registration deadline, City reserves the right to cancel the class, in which event this Agreement shall be deemed terminated and of no force and effect] j. Location of class: Ronald Reagan Park Courts k. Minimum/maximum age of participants: 4_7 1. Equipment furnished by Instructor: None m. Equipment furnished by City: None n. Special information: attend ,any „tennis class at their same level. aamtnistr nve ua ww wcc" The class shall be conducted in accordance with the following: a. Class name: Pee Wee „Tennis Academy AC: 4350 6c b. Class objective: form. (Participants must provide their own raMett Lor personal use. c. Days of class: Monday and/or Wednesday d. Time of class: 4:45-5:309m I e. Date of first class: May 27.2002 f. Date of last class: June 19, 20(12 g. Registration deadline: May 27„2002 h. Maximum participants: 20 j i. Minimum participants: 4 [If minimum is not achieved by registration deadline, City reserves the right tb cancel the class, in which event this Agreement shall be deemed terminated an� of no force and effect] ii City of Diamond Bar Page 3 Agreement for Recreation Services Instructioh Session - 6 Instructor: Tennis Anyone 2.2 j. Location of class: Ronald Reagan -Put Courts k. Minimum/maximum age of participants: 44=7 I. Equipment furnished by Instructor: None m. Equipment furnished by City: Non n. Special information: ParticiRant5 must pLovide their own racquet for 12ersonal use. You can choose My.combiLiation of days. You rngy register one day a week or multiple da s at a reduced rate. PlWe indicate the day or days on the reign form. Allpiake-ups must be made wilhin the session and students may attend any tennis class at their sa= level. o. Fee: $29+$5 administrative fee = $34/ldav/4 weeks, 144*T5 administrative fee = 9/2 da s/4 weeks ` i The class shall be conducted in accordance with the following: a. Class name: Spring Tennis, Camp AC: 4355 6a b. Class objective: d. Time of class: 9 am -12 noon e. Date of first class: April 1. 2002 f. Date of last class: April 4.2002 g. Registration deadline: April 1. 200 h. Maximum participants: 24 i. Minimum participants: S [If minimum is not achieved by registration deadline, City reserves the right to cancel the class, in which event this Agreement shall be deemed terminated and of no force and effect] j. Location of class: Ronald Reagan Park Courts k. MinimuMnmaximum age of participants: 5-12 1. Equipment furnished by Instructor: one I City of Diamond Sar Page 4 Agreement for Recreation Services Instruction Session - 6 Instructor. Tennis Anyone City of Diamond Bar Session - 6 m. Equipment furnished by City: None n. Special information: *Each additional child in the same family is $89. Cambers need to bring their own tennis rac�guet each day and a new pn_pened can of tennis balls on the first day of the c o. Fee: $94+$5 administrative fee = $9914 days 2.2 The class shall be conducted in accordance with the following: a. Class name: Junior Tennis Academy AC: 4351 6a personal use, and purchase a ! ennis Anyone unrjorrn ror al1.J c. Days of class: Monday. Tuesday. Wednesday and/or ThursdaX d. Time of class: 5:30-7 am e. Date of first class: April 1. 200 f. Date of last class: Aril 25.2002 g. Registration deadline: April 1. 200 h. Maximum participants: 20 I. Minimum participants: 4 [If minimum is not achieved by registration deadline, City reserves the right to cancel the class, in which event this Agreement shall be deemed terminated ano of no force and effect] j. Location of class: Ronald Reagan Park Courts k. Minimum/maximum age of participants: 8-17 1. Equipment furnished by Instructor: None m. Equipment furnished by City: None I' I i Page 5 Agreement for Recreation Services Instruction Instructor. Tennis Anyone n. Special information: * articipants must provide their own racnuet for personal use and purchase a Tennis Anyone uniform for 12. You can choose an combination of days. You may register one day a week or multiple days at a reduced rate. Please indicate the day or days on the registration form. All make- ups must be made within the session and students may attend any tennis class at their same level. o. Fee: 5 administrative fee = /1 da /4 weeks $69+$5 administrative fee = $749 da s/4 weeks, $94 + 5 administrative fee = 9/3 da s/4 we ks $109+$5 ad nistrativ fee = 114/4 da s/4 weeks 2.2 The class shall be conducted in accordance with the following: a. Class name: Junior Tennis Academy AC: 4351 6b vrraurwf use, arw purGnase u 1 ennw-,ynvone unrrorm lar'biz. t c. Days of class: Monday. Tuesday, Wednesday and/or Thursday d. Time of class: 5:30-7 nm . e. Date of first class: April 29,200 f. Date of last class: May 23, 200 g. Registration deadline: Apri129, 2002 h. Maximum participants: 20 I. Minimum participants: 4 [If minimum is not achieved by registration deadline, City reserves the right to cancel the class, in which event this Agreement shall be deemed terminated arid of no force and effect] j. Location of class: Ronald Reagan Park Courts k. Minimum/maximum age of participants: 8-17 1. Equipment furnished by Instructor: None City of Diamond Bar page 6 Session - 6 Agreement for Recreation Services Instruction Instructor: Tennis Anyone m. Equipment furnished by City: None n. Special information: *Participants must provide their own racquet for personal use. and purchase a Tennis _ Anyone utform for $12. You can choose any combination _ f days. You may register one day a week or multiple daysY; at a reduced rate. Please indicate the day or days on the registration form. All make Us must be made within the session and students may attend any tennis class at their same level. o. Fee: $44+$5 administrative fee = $49/1 day/4 weeks. J69±$5 administrative fee = $74/2 days/4 weeks. $94 + $5 administrative fee = $29/3 4 we 1 + U adminigtMfivc fe = 14/4 s/4 weeks ; 2.2 The class shall be conducted in accordance with the following: a. Class name: Junior Tennis Academy _ _ AC: 4351 6c b. Class objective: The Juni personal use, and purchase a Tennis Anyone uniform for $12.1 c. Days of class: Monday Tgesday. Wednesdayand/or lbm day d. Time of class: 5:30-7pm e. Date of first class: May 27. 200 f. Date of last class: June 20.2002 g. Registration deadline: May 27.2002 h. Maximum participants: 20 i. Minimum participants: 4 [If minimum is not achieved by registration deadline, City reserves the right to cancel the class, in which event this Agreement shall be deemed terminated ar�d force and effect] j. Location of class: Ronald Reagan Park Courts k. Minimum/maximum age of participants: 88^17 1. Equipment furnished by Instructor: None City of Diamond Bar Page 7 Agreement for Recreation Services Instruction Session - 6 Instructor. Tennis Anyone 2.2 m. Equipment furnished by City: None n. Special information: *Participants must provide their own racquet for personal use, and purchase a Tennis Anyone uniform for $12. You can choose any combination of days. You may register one day a week or m lti le days gt a reduced rate. Please indicate the day or days on the registration form. All *e- tjps must be made within the session and students may attend any tennis clash at their same level. o. Fee: $44+$5 administrative fee = $49/1 day/4 weeks. $69 -$5 administrative fee,= $74/2 days/4 weeks 94 + $5 administrative fee _= $99/3 da s/4 wee 109 5 administrative fee = 114/4 daysAwgeks The class shall be conducted in accordance with the following: a. Class name: Advanced Junior Tennis Academy_ AC: 4352 6a b. Class objective: The Advanced Academy i purchase a Tennis Any0e uniform for $1221 c. Days of class: Tuesday and/or7bursday d. Time of class: 7-912m e. Date of first class: April 2.2002 f. Date of last class. April 25. 2002 g. Registration deadline: April 2. 200 h. Maximum participants: 20 i. Minimum participants: 4 [If minimum is not achieved by registration deadline, City reserves the right to cancel the class, in which event this Agreement shall be deemed terminated an of no force and effect] j. Location of class: Ronald ReWu Park Courts k. Minimum/maximum age of participants: 8_17 I. Equipment furnished by Instructor: City of Diamond Bar page 8 Session - 6 None Agreement for Recreation Services Instruction InstruCtor.Tennis Anyone m. Equipment furnished by City: None n. Special information: *pAjEficipants must provide their own racquet for pgrsonal use, and purchase a Tennis Anyone uniform for $12._ You can choose anv combination of days. You may register one day a week or multiple days at a reduced rate_Please indicate the day or days on the registration form. All mAke- uns must be made within the session and students may attend an _tent nis clads at their same level. o. Fee: $5345 administrative fee = $5&1 a /4 weeks 834 5 adntinistrativ„e fee = $8$/2 days/4 weeks 2.2 The class shall be conducted in accordance with the following: a. Class name: Advanced Junior Tennis Academy AC: 4352 6b b. Class objective: purchase a Zennis Anyone uniformfor $12.1 c. Days of class: Tuesday and/or Thursday d. Time of class: 7-2.pm e. Date of first class: Aril 30 2002 I f. Date of last class: May 23, 200 g. Registration deadline: A rto '1302002 h. Maximum participants: 20 i. Minimum participants: 4 [If minimum is not achieved by registration deadline, City reserves the right to cancel the class, in which event this Agreement shall be deemed terminated d of no force and effect] j. Location of class: Ronald Reagan Park Cauas k. MinimurNmaximum age of participants: 8_17 1. Equipment furnished by Instructor: N_ne m. Equipment furnished by City: None City of Diamond Bar Page 9 Agreement for Recreation Services InstructiO6 Session - 6 tnstructoc Tennis Anyone n. Special information: *Participants must provide their own racquet for personal use, and purchase a Tennis Anyoo e_ uniform for $12. You can choose any combination of days. You may moister one day --a week or multiple days at a reduced, rate. Please indicate the day or days on the registration form. All mae- ups must be trade within the session and students may attend any tennis class at their same level. o. Fee: $53+$5 adMinistmfive fee = 58/1 da /4 weeks $83t$5 administrative fee = 88/2 da s/4 weeks 2.2. The class shall be conducted in accordance with the following: 111— A.1..-.. .A T..-;-.lr---;. A— ie. , A d-. A1SI A- b. Class objective: purchase a Tennis An one uni ann Lor $12. c. Days of class: Tuesday and/or Thursday d. Time of class: 7-9 oro e. Date of first class: May 28, 2002 f. Date of last class: June 20 2002 g. Registration deadline: May 28, 2002 h. Maximum participants: i. Minimum participants: 4 (If minimum is not achieved by registration deadline, City reserves the right to cancel the class, in which event this Agreement shall be deemed terminated and of no force and effect] j. Location of class: Ronald Reagan Park Courts k. Minimum/maximum age of participants: I. Equipment furnished by Instructor: None m. Equipment furnished by City: None City of Diamond Bar Page 10 Session - 6 8-17 Agreement for Recreation Services Instruction Instructor: Tennis Anyone n. Special information: *Participants must provide their own racguet forpersonal use, and purchase a Tennis Apyone_uniform _for _$12. You can choose any combination of days You may register one day a week or multiple days at a reduced rate Please in icate the day or days on the registration form. All make - ups must be made within the session and students may attend any tennis clas5 at their same level. o. Fee: $5345 administrative,fee = 58/1 da /4 weeks $83+$5 adrninistrativ fee = 80 da s/4 weeks 2.2 The class shall be conducted in accordance with the following: I a. Class name: Adult Tnnis Academy AC: 4353 6a c. Days of class: Monday anor Wednesda d. Time of class: 1"—M e. Date of fust class: April 1. 2002 f. Date of last class: April 24, 200 g. Registration deadline: April 1. 2002 h. Maximum participants: __ 12 i. Minimum participants: 6 [If minimum is not achieved by registration deadline, City reserves the right W cancel the class, in which event this Agreement shall be deemed terminated and of no force and effect] j. Location of class: Ronald Reagan Park Courts i k. Minimum/maximum age of participants. 18+ 1. Equipment furnished by Instructor: None m. Equipment furnished by City: None City of Diamond Sar Page 11 Agreement for Recreation Services Instruction Session - 6 Instructor: Tennis Anyone n. Special information: Participants must provide their own racquet for Xrsonal use All make -ups must be made within the session and students may attend any tennis class at their same level. o. Fee: $53+$5 administrative fee = $58/1 dayl4 weeks. $83+$ administrative Lw ---:$8E da s/4 weeks 2.2 The class shall be conducted in accordance with the following: a. Class name: .,alt Tennis Academy _ AC: 4353 6h c. Days of class: Mond and/or Wednesoay d. Time of class: 7-9 V e. Date of first class: Aril 29 2002 f. Date of last class: May 22,200 g. Registration deadline: A 'ln� 29,_2002 h. Maximum participants: 12 .1 i. Minimum participants: 6 ` [If minimum is not achieved by registration deadline, City reserves the right lto cancel the class, in which event this Agreement shall be deemed terminated and of no force and effect] j. Location of class: Ronald Reagan Park Courts k. Minimum/maximum age of participants: 18+ 1. Equipment furnished by Instructor: Nong m. Equipment furnished by City_ None n. Special information: kgr& use. All make -ups must be m tennis class at their same level. City of Diamond Bar Page 12 Agreement for Recreation Services Instruction Session - 6 Instructor: Tennis Anyone o. Fee: 153+$5 administrative fee = $58/1,_day/4 weeks. $83+$5 administrative fee = $88/2 days/4 weeks 2.2 The class shall be conducted in accordance with the following: a. Class name: Adult Tennis Acade AC 4353 6c b. Class objective: racguet for personal use.j c. Days of class: Monday and/or Wed e a d. Time of class: 77-9 pm e. Date of first class: May 27, 2002 f. Date of last class: June 19,�2(?02 g. Registration deadline: May 27, 2002 h. Maximum participants: 12 i. Minimum participants: 6 I i [If minimum is not achieved by registration deadline, City reserves the righ�o cancel the class, in which event this Agreement shall be deemed terminated d of no force and effect] j. Location of class: Ronald Reagan Park Courts k. Minimum/maximum age of participants: 18+ 1. Equipment furnished by Instructor: None I m. Equipment furnished by City: None n. Special information: Participants must provide their own racquet for versonil use. All make -ups must be made within the session and students may attend an tennis class at their same level. I o. Fee: $53+L5—adMjnis1rative fee /4 wee 83+ administrative fee administrative fee =$88/2�s/4 weeks City of Diamond Bar Page 13 Agreement for Recreation Services Instruction Session - 6 Instructor. Tennis Anyone 2.2 The class shall be conducted in accordance with the following: a. Class name: Adult Ladies Morning -Time Tennis _ AC: 4354 6a form. Partici ants must PLavide their own rac uer Lor i2egonal use. c. Days of class: Tuesday and or Thursday* d. Time of class: 9-11 e. Date of first class: Apri12.2002 f Date of last class: April 25, 2002 g. Registration deadline: AlLnl 2, 2002 h. Maximum participants: 18 i. Minimum participants: 6 [If minimum is not achieved by registration deadline, City reserves the righ to cancel the class, in which event this Agreement shall be deemed terminated d of no force and effect) J. Location of class: Maple Hill Park Courts k. Minimum/maximum age of participants: 18+ 1. Equipment furnished by Instructor: None m. Equipment furnished by City: None n. Special information: *Tuesday is for in their own racquet for personal use. o. Fee: 53 + 5 administrative fee = 58/1 da /4 weeks 83 + 5 ad fee = $88/2 days/4 weeks 2.2 The class shall be conducted in accordance with the following: a. Class name: Adult Ladies Morpin -Time Tenni AC: 4354 6b City of Diamond Bar Page 14 Agreement for Recreation Services Instruclioll Session - 6 Instructor: Tennis Anyone b. Class objective: This ladies group is desigl!ed for players of all levels. tudents will learn the 4 basic strokes. as well as topspin, slice, overhead, and, Job. Singgs and doubles scoring and strategy will also be covered. A choice OLany coogibination of days is available. You may register one data week or multiple days atare aced Mte. Please indicate choicef day or days on the resist tion firm (Partici is must Provide their own racquet for personal use. } c. Days of class: Tuesday and/or Thursday* d. Time of class: 9-11am e. Date of first class: April 30.2002 f. Date of last class: May 23.2002 g. Registration deadline: April 30,_2002 h. Maximum participants: 18 i. Minimum participants: 6 [If minimum is not achieved by registration deadline, City reserves the right to cancel the class, in which event this Agreement shall be deemed terminated and of no force and effect] j. Location of class: Maple Hill Park Courts k. Minimum/maximum age of participants: 18+ 1. Equipment furnished by Instructor: None m. Equipment furnished by City: None n. Special information: *Tuesday is for intemxdipte/advan Thursday is for tpginning/intermediate level play, rs. Partici their own racquet for personal use. o. Fee: $53 + $5 administrative, fee 58/1 da)/4 weeks, $83 + $ES administrative fee = $88/2 days/4 weeks 2.2 The class shall be conducted in accordance with the following: a. Class name: Adult Ladies Mornin&-Time Tennis AC: 4354 6c i� City of Diamond Bar ?age 15 Agreement for Recreation Services Instruction` Session - 6 Instructor. Tennis Anyone b. Class objective: This ladies rg ou_p is designed for players of all levels. Students will learn the 4 basic strokes, as well as topspin,slim, overhead and Iob. Singles and doubles scoring and strategy will also be covered._ A choice of anX cotnbination,of days is available. You may register one day a week or multiple days ata uced rate. Please indicate choice of day or days on the registotion form. Pani i nt must-provide th Ir own racquet for personal use. c. Days of class: Tuesday and/or Thursday* d. Time of class: 9-11am e. Date of first class: May 28, 2002 f. Date of last class: June 20.2002 g. Registration deadline: May 28.2002 h. Maximum participants: 18 i. Minimum participants: 6 ` [If minimum is not achieved by registration deadline, City reserves the right to cancel the class, in which event this Agreement shall be deemed terminated d of no force and effect] j. Location of class: Maple Hill Park Courts k. Minimum/maximum age of participants: 18t I 1. Equipment furnished by instructor: Norte in. Equipment furnished by City: None n. Special information: *TuesdU is for i termediate/advanced ley ] la e Tburs-day is for htginninglintermedigte level players. Participants u t l2rovi e their own racquet for personal use. o. Fee: X53+$5- admiinistrptive fee = $58/1 da, /�4 weeks. $83 +_$5 administrative fee = $8812 days/4 weeks I 2.3 Obtain and submit to City a fully executed waiver of liability from each student prior to allowing participation in the class. 2.4 Provide a qualified instructor approved by City to be present and prepared t instruct at each scheduled class. Absences must be excused by City and must be preceded by not less th 24 hours advance notice. In the event of an absence, Instructor must offer a make-up class at a convenie time. All services are to be provided by the pre -approved instructor, substitute instructors shall not utilized without advance written percussion of City. IIII City of Diamond Bar Page 16 Agreement for Recreation Services Instruction Session - 6 Instructor. Tennis Anyone 2.5 Provide and maintain at his/her own expense the class location and any and all equipment required to perform the services as set forth in Section 2.1 above. 3. Instructor Warranties. Instructor warrants that: 3.1 It and its personnel are trained, qualified and experienced to instruct the class in a safe and professional manner. 3.2 Its personnel are familiar with and understand the ordinances, regulations and rules governing the performance of the services. 4. Instructor Acknowledgements. Instructor acknowledges, understands and agrees that: 4.1 City may terminate this contract at any time, with or without cause, upon level (7) days' written notice of termination. In the event of such termination, Instructor will receive compensation for services satisfactorily performed to the date of termination. 4.2 City may in its sole discretion change the times, days or location of the classes. 4.3 Instructor is an independent contractor and not an employee of Cit Compensation provided for in Section 5 herein is the sole compensation of any kind provided for the services to be performed as contemplated in this Agreement. Instructor is not eligible for benefits of y kind, including but not limited to liability insurance, workers' compensation, health insu e, unemployment insurance or any other benefit ordinarily accorded to employees. Instructor shall be sol ly responsible for payment of salaries, benefits and other compensation to its employees and agents assigned to perform the services hereunder. 4.4 Instructor and its employees and agents assume the risk of all damage or injury) to themselves and to their personal property in the performance of the services, and forgo the right to bring action of any kind against City, and its officers and employees, in connection with any injury or da arising from or connected with the services provided hereunder. Instructor (on behalf of itself, is employees and agents and its heirs, executors, administrators and assigns) hereby releases and dischar s City and its officers, employees and agents from any and aII claims for losses, injuries, damagesr liabilities, including personal injury and injury to personal property, arising out of or attributable o performance of the services hereunder and further, expressly releases City and its officers, employees "d agents from and against any and all claims or liability from their negligence. 4.5 City may contact Instructor's former employers for references, in which invent, Instructor authorizes the release of information about Instructor's work experience and releases all such former employer references from liability of any kind in connection with furnishing such information City. 4.6 All matters pertaining to administration of the recreation program, admittance and eligibility of any student and evaluation of Instructor's performance are within the sole authority anQi discretion of City. 5. City duties. City shall: i 5.1 Compensate Instructor for services to be provided hereunder as follows: 70%/30% City of Diamond Bar Page 17 Agreement for Recreation Services instructionlj Session - 6 Instructor: Tennis Anyone 6. Indemnification. Instructor shall indemnify and hold harmless City, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from the negligent or wrongful acts, errors or omissions of Instructor and its employees and agents in the performance of services undenthis Agreement. Instructor shall promptly pay the amount of any judgment rendered against City, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by City in the defense of such claims. 7. Insurance. Contractor shall be required to keep in force comprehensive Personal Liability and Property Damage Insurance with limits of at least $1,000,000 for bodily injury or death of any one person or for any one accident or occurrence and at least $1,000,000 for property damage. 8. Entire agreement. This Agreement constitutes the entire agreement between the parties relativto the subject matter thereof. Statements or representations of any kind not embodied herein shall be oi�no force and effect. This Agreement may be modified only in writing. Executed this ��^ day of� , 2002. Instructor's Signature Address: 628 Blanchard Place rear City: Claremont, CA 91711 Federal Tax ID#: 33-0732219 Phone No.: Home: ity Manager City of Diamond Bar Session - 6 Work:. 909.625.2060 cell: 909.489. 238 it Page 18 Agreement for Recreation Services Instructidn Instructor Tennis Anyone DISCUSSION: Tennis Anyone continues to provide quality tennis instruction to the community. Staff therefore recommends that the City Council award a contract to Tennis Anyone for the 2002/2003 Fiscal Year in the amount of $45,000. This contract amount is based on actual participation during the last Fiscal Year. ATTACHMENTS: Tennis Instruction Service Agreement Request for Proposal Proposal PREPARED BY: Kim Crews, Recreation Specialist REVIEWED Boli PuYe Director of Community Services James DeStefano Deputy City Manager CITY COUNCIL Agenda # 6.15b Meeting Date: June 18, 2002 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Approve Contract with Tennis Anyone for Recreational Tennis Classes for the 2002/2003 Fiscal Year in the Amount of $45,000. RECOMMENDATION: Approve the contract. FINANCIAL IMPACT: Funds to pay this contract come from revenue collected from participants who take tennis instruction classes in the City's recreation prograrT. It is estimated that about 1,300 participants will take tennis classes in the 2002/2003 Fiscal Year, generating approximately $67,000 in revenue. A $5.00 administrative fee per registration is deducted and retained by the City of Diamond Bar. The remaining revenue is split vith the instructor on a 70%/30% basis, with 70% going to the instructor and 30% going to the City of Diamond Bar. With total annual estimated revenue of $67,000, approximately $42,350 will be paid to the instructor and the City will retain $24,650. These estimates are based on average tennis class registration over the past two fiscal years. Actual revenue and instructor payments will depend upon how many people actually sign up for the tennis instruction classes during the 2002/2003 Fiscal Year. BACKGROUND: On August 2, 2000, staff released a Request for Proposals (:IFP) to eight (8) known tennis instruction providers. Two proposals were received in response to the RFP. Staff interviewed representatives from both of the companies submitting proposals and checked their references. It was determined that Tennis Anyone would provide t le best tennis instruction program for the City of Diamond Bar. On October 3, 2000, the City Council awarded a contract to Tennis Anyone in the aunt of $40,000 for recreational tennis instruction for the 2000/2001 Fiscal Year. A provisioi oin the agreement allows the contract to be extended on an annual basis, if the extension is deemed to be in the best interest of the city. The contract was extended by City Council on Noivember 6, 2001 for the 2001/2002 Fiscal Year in the amount of $40,000. CITY COUNCIL Agenda # 6.17 Meeting Date: June 18. 2002 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag r TITLE: APPROVAL OF A COMMENT LETTER TO THE COUNTY OF ORANGE RE ARDING THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE PROPOSED EUVO ENERGY 1 TONNER HILLS PROJECT IN BREA. RECOMMENDATION: It is recommended that the City Council approve the concepts expressed in the draft comment letter and direct staff to finalize a letter to be signed by the Mayor. BACKGROUND: Neuvo Energy has proposed a 789 acre planned community in the City of Brea Sphere -of Influence. The project is comprised of 914 residential dwelling units within 8 neighborhoods, 32.7 acr s for public uses, 15 acres for oil and gas extraction activities, 7.7 acres for commercial uses an 5.8 acres for park uses. The project proposes a road network to support the development that inclu es the proposed extension of Tonner Canyon Road to the development site. The City of Diamon Bar has reviewed the Draft EIR and supports the proposed roadway connection. Such a connectio would further the stated Goals of the Diamond Bar and Chino Hills General Plans and the efforts f the Four Corners Transportation Committee to develop an alternative by-pass road around the City f Diamond Bar. A draft comment letter expressing the roadway issue in more detail has been prepared by our Consultant, Gary Neely, and is attached for City Council review and approval. Com ents on the DEIR are due to the County of Orange no later than June 25, 2002. PREPARED BY: James DeSte ano Deputy City M Hager Attachments - Draft Comment Letter Project Vicinity Map Project Description Concept Development Plan Orange County Master Plan of Arterial Highways DRAFT COMMENT LETTER Thank you for affording our city the opportunity to respond to the Draft Environmental Impact Report (No. 581, State Clearinghouse No. 2001031137) for Nuevo Energy's Tonner Hills Planned Community Our comments will be limited to regional traffic issues, as this negative situation has some mitigation potential with this proposed development. The Diamond Bar General Plan's Circulation Element includes the following statements: "There is a need to consider a bypass roadway around the City of Diamond Bar to discourage' regional traffic from using the City's local streets for cut -though purposes only. This is of regional concern and involves multiple jurisdictions. It is important for the City to take the lead in assuring that any proposed project directly benefits Diamond Bar residents and achieves the goals of tis General Plan." (Page V-20) .... it will be the policy of the City to: ........... seek cooperation of adjoining jurisdictions in managing growth and assigning responsibility for infrastructure improvements to support that growth..." (Page V-20) With those points in mind, we note that the DEIR's discussion of related traffic matters does n�t address the potential of a much needed regional bypass roadway traversing the northern porton of the property in question in order to connect to the SR57 at the existing Tonner Canyon Road interchange. To be fair, it should be acknowledged that the DEIR (on page 4.7-17) does provide a copy of the Orange County Master Plan of Arterial Highways (MPRH) and the MPAH does not currently include a direct reference to this potential bypass roadway. Rather, that segment of the best potential alignment for this bypass roadway, as it directly relates to the Nuevo property, is shown on the MPAH as a dotted line and labeled "Valencia Av", The DEIR further refers to the roadway in question (page 4.7-2) as the "Tonner Canyon Road connection to Valencia Avenue" and it also points out, accurately we understand, that there ae "efforts currently underway to delete the planned Tonner Canyon Road connection from the County's MPAH". I It is probably understandable that Nuevo's DEIR would need to take this approach in their handling of this topic. It was, in fact, subsequent to the DEIR's filing that the lawsuit over the ownership of the easterly adjacent 2,400 acres (The former Firestone Boy Scout Reservation) as adjudicated. With that question recently resolved, however, it is Diamond Bar's opinion that the situation has changed. We feel the new owner would be cooperative in accommodating an easement for a proposed regional bypass roadway alignment such that an Eastern connection to Eucalyptus! Avenue in San Bernardino County would be possible. Coupling this crucial segment of a regional bypass road to the segment that could traverse Nuevo Energy's property from Valencia Avenue to the SR57 affords a unique and unparalleled opportunity to make substantial progress in reducing existing and projected traffic congestio on the numerous surrounding surface streets of three cities in three counties. We feel this poten ial warrants more extensive deliberation and analysis within the Nuevo Energy DEIR than Curren ly exists. Parenthetically, we also see merit in expanding this discussion to include the possibility and effects related to having the proposed bypass road extended even further west, beyond the SR57, to Harbor Blvd./Fullerton Road. As such, the bypass road could also traverse the westerly contiguous Aera Energy property, which we understand is also soon to be formally proposed for development We believe such a bypass roadway, once fully constructed, has the potential of significantly reducing existing and projected traffic congestion on Grand Avenue in both Diamond Bar and Chino Hills, as well as Diamond Bar Blvd and Brea Canyon Road in Diamond Bar, Carbon Canyon Road in Chino Hills, Pathfinder and Colima Roads in Rowland Heights, as well as Central Avenue, Lambert Road, Birch Street, Imperial Highway, Valencia Avenue, Kraemer Blvd and Brea Blvd in the City of Brea. At a minimum, we know that both our draft study (Parsons Brinkerhoff) and other professional traffic studies (such as those done in conjunction with the Four Corners Transportation Committee) predict, as a direct result of this bypass roadway's construction, that there would immediately be tens of thousands less cut -through traffic cars per day on Diamond Bar Blvd and Grand Avenue in our City. These studies were conducted before San Bernardino and Riverside Counties released their respective plans for the imminent development of their Agricultural Preserve, now projected to be "home" to 200,000 new residents (A substantial percentage of which will be added to the thousands making their daily commute to and from Orange County via our City's surface stre$ts) within the next five years. In the past twenty years, there has been only one professionally engineered alternative that offers Diamond Bar's and Chino Hills' residents even the potential for relief from this traffic problem4 That alternative amounts to providing an additional East-West route between the SR57 and the Inland Empire. For many years now, Diamond Bar's leaders have been calling this route a "Regional Bypass Roadway". There is only one realistic western terminus for this proposed Bypass Roadway at the SR57. chat is the existing SR57 interchange at Tonner Canyon Road. All other potential points of connec ion would require extensive and very expensive tunneling and/or the removal of very large numbors of existing residences. We fully appreciate the City of Brea's elected leadership's frequently stated objection to havin an eastbound onramp to, or Westbound off -ramp from this proposed bypass roadway at the poi t it would intersect Valencia Avenue in their Sphere of Influence. We completely agree that those additions would only serve to help solve Diamond Bar's and Chino Hills's traffic problems at he expense of compounding the traffic problems on Brea's surface streets and, as a good neigh or, our city would not support such a "solution" either. But, there is no legal requirement to include those specific on -ramps and off -ramps nor, there ore, a need to suffer those specific effects as a result of providing this additional route to the SR5T for the Inland Valley residents. In fact, by extending the proposed bypass road beyond the SR57, across the Aera Energy's property and over to Harbor Blvd/Fullerton Road in Rowland Heights, there is an added benef t of not only providing a substantial level of traffic relief on Brea's surface streets east of SR57, bi it also on their east/west arterials located between those two heavily traveled northlsouth corric ors as well. i Additionally, we would anticipate it to be in the City of Brea's best interest if the trash truck traffic related to the Brea Olinda Landfill facilities were to be rerouted from the Imperial BlvdNalencila Avenue ingresslegress route that currently serves as this type of traffic's sole alternative. As such, we would see the need for and agree that both an Eastbound off -ramp from, and a Westbound onramp to, the proposed bypass roadway at the point that it intersects Valencia Avenue would be necessary. Lastly; our City's leadership is very aware of the comments made by some special interest groups regarding potential impacts that the proposed regional bypass road might have on Los Angeles County's Significant Ecological Area (SEA) located in and around Tonner Canyon. As such, we recently requested clarification (from the Director of Biological Services for the firm that originally wrote and recently revised the Los Angeles County Department of Regional Planning's SEA policies) as to LA County's perspective on this potential roadway as it relates to SEA 15 (see attached correspondence). Included in his response were two statements that need to be considered in relation to those special interest groups' who often use the SEA as an objection to the potential construction o a regional bypass roadway. They are: "Our (SEA) study is neither a strict template for preservation, nor a strict template for development." and, i "....it is very conceivable that (the bypass road) could be sensitively designed so as to avoid (�r compensate for) core habitats and linkages whereby SEA integrity is not compromised." In truth, Diamond Bar's General Plan includes -- and the City's leadership takes very seriously -- an extensive discussion of what the elements and pre -construction considerations should belfor just such an environmentally sensitive roadway. For these reasons, the City of Diamond Bar requests that the County require, in conjunction ith any approval of Nuevo Energy's proposed Tonner Hills development, the inclusion of the roa way segment referred to as "Valencia Av" on Orange County's Master Plan of Arterial Highways, a d alternatively described in Nuevo Energy's DEIR as being the "Tonner Canyon Road connectio to Valencia Avenue". We also request that the County of Orange strongly resist removing this road segment from t�eir MPAH, either as a result of the apparent misguided pressure from the City of Brea to do so oras an inadvertent result of approving a DEIR that does not truly nor comprehensively address it� related project's potential role in and responsibilities for regional traffic congestion relief. --------------- ,e. 4102, pinted 41?9A)2 Exh" 1-2 Vicinity Map qpzr-; - Ct, IJIR mwt Atmw-% 6, LU rl --------------- ,e. 4102, pinted 41?9A)2 Exh" 1-2 Vicinity Map qpzr-; - Ct, IJIR mwt Atmw-% 6, Tonner Hills Planned Commun& EIR _ ._ _ 3. Project Description 3. Project Description 3.1 Description of Project Nuevo Energy Company proposes a comprehensive plan to develop 789.8 acres of land that has been used for oil and gas production for approximately 100 years. The proposed pian involves development ofa master -planned community that combines residential, open space, recreational, public/institutional, and mixed uses. The plan also incorporates continued operation of oil and gas production facilities. The project applicants have carefully evaluated the opportunities and constraints associated with establishing residential development toensure a balanced community. The site plan is mindful ofexisting topography and unique landforms and minimizes impacts to undisturbed areas. In support ofthis effort, the propos project maximizes the use of existing infrastructure improvements resulting from the industrialized use of the site, such as roadways, sewers, building pads, graded and paved areas, oil operations equipment, and targets construction to areas already touched by development. Exhibit 3-1 illustrates the propo d Planned Community land use diagram. (The City water tanks within the project footprint depicted n Exhibit 3-1 are not a part of the project.) The plan provides for the following land uses: Table 3.1 - Tonner Hills Proiect Summary PA Land Use Acres Minimum Lot Size/ Target Lot Size Dweilin Units 1 SFD/Cluster SFD 15.0 SFD: 4,000 SF; Cluster SFD: 2,600 SF/5,000 SF 6 2 SFD/SFA/Cluster SFD 11.5 SFD: 4,000 SF; Cluster SFD: 2,600 SF/N/A 11 3 SFD/Cluster SFD 42.7 SFD: 4,000 SF; Cluster SFD: 2,600 SF/N/A 23 4 SFD 41.9 4,000 SF/5,000 SF 18 5 SFD 26.0 4,000 SF/5,000 SF 11 6 SFD 26.6 4,000 SF/6,000 SF 10 7 SFD 17.5 4,000 SF/6,000 SF 5 8 SFD Subtotal 12.7 193.9 8,000 SF/8,000 SF 4 9141 9 Mixed Use 7.7 Approximately 77,000 SF 10 Wildcatters Park 5.8 Main Oil Facility 15.0 Collector Streets 20.6 I 1 Open Space (includes 32.7- acre potential public use area) and oil wells 546.8 Project Total 1 789.8 1 1 91 SFD = single-family dwelling. residential SFA — single-family attached, residential SF = square feet Draft EIR 3-1 CLLlli MW-AnAm.5A���Cnur�ti I I..NNtti f. t�:N•��.: nil. if 3. Project Description Tonner HIM Planned Community EIR As part of the proposed project, the existing oil and gas production facilities will be consolidated, abandoned, or relocated on the site. Remediation efforts will be implemented to eliminate contamination on-site. Additional details of the project and the potential environmental effects of the project are contained in Chapter 4, the Environmental Analysis, of this document. The City water tanks within the project footprint depicted in Exhibit 3-1 are not a part of the project. The project is comprised of a variety of land uses, including: Open SpaceJParks/Public Use - The Planned Community provides a network of pedestrian greenbelts and trails, including pocket parks and passive open space areas. A multi -use trail lis proposed within the northern portion of the development to provide a link through the site to the County's regional riding and hiking trail system. A network ofopen space corridors is proposed. The open space corridors are intended to provide connectivity between the open space areas located west of the Orange (SR 57) Freeway with the open space areas east of the Orange Freeway in Chino Hills State Park. The open space will include oil wells for ongoing Oil production. Exhibit 3-2 depicts the project open space component in the context of a regional open spate plan. The 5.8 -acre private Wildcatters Park will be improved as a private park and maintained by the Tonner Hills Master Homeowners Association. The park will maintain its current barbecue and picnic areas, passive recreation areas, restrooms, and parking. Portions of the park will be 1 ft as open space. The project will also provide for passive parks located within the residential planning areas which will be improved with thematic landscaping, benches, and pergolas. The project has reserved 32.7 acres in the southeastern portion of the site for potential pubis acquisition uses such as sports fields or school facilities. The property owner has made available this land for purchase by the City of Brea or any other interested public agency. Developm t plans for this area have not been developed. Further analysis pursuant to CEQA will be rrequireu when specific public uses have been defined and development pians area available. Howe v , in order to assess cumulative impacts, reasonable assumptions have been made as to future us s, and those impacts have been addressed in the Traffic and other sections. Residential - Residential land uses will be developed into 8 distinct neighborhoods with each neighborhood bordered by natural open space. The neighborhoods will provide up to 914 residential units, composed of traditional single-family detached homes, single-family cluster homes, and single-family attached homes. The neighborhoods will be linked to recreational uses and natural and enhanced open space areas. Mixed Use - The proposed mixed use commercial area will be located at the southweste y comer of the site and will be developed as a neighborhood convenience retail center, with e potential for residential uses integrated into the retail/service commercial businesses. Draft EIR re¢ 4102. prinlrJ 4/79102 3_2 Cl.11tu I -4W. A1114l,61U x: Tanner Hilis Planted Community EIR 3. Project Description Oil Facilities - The Planned Community includes a long-term plan for the phasing of new development with selective abandonment and consolidation of certain oil production facilities. The proposed project includes approximately 15.0 acres to be allocated exclusively to oil field - related facilities that will remain in operation as long as oil production is economically viable. Other oil field facilities will be incorporated into residential neighborhoods and also remain lin existing open space. Throughout the project site, some oil and gas production facilities are scheduled to eitherremain in place or be relocated for continued operation. Exhibit 4.1-2 on page 4.1-5 depicts the locations of on-site oil wells. The existing gas plant will remain in place and will be screened from vie The two existing tank farms used for processing crude oil will be consolidated within the existmig Tonner Canyon tank farm in the northwestern corner of the site. This location is isolated from residential uses and surrounded by open space. Remediation efforts will also be implemented to eliminate contamination from the site and reduce the potential for public health and safety impacts. When oil field facilities are locatedwithin oradjacent to residential and/oropen space areas, they would be designed to be compatible with such uses. • Circulation - The Planned Community includes the construction of an internal roadway circulation network utilizing the existing oil production roadways to the maximum extent feasible. The primary access points to the project will be from Kraemer Boulevard and Tonncr Canyon Road. Proposed Tonner Hills Road will provide access from Tonner Canyon Road to the central a of the project. The project is proposed to be gated, with gates located at the Kraemer Bouleva d and Tonner Hills Road project entrances. Correspondingly, the project street system will be privately maintained by the Tonner Hills Homeowners Association. The project includes a proposed zone change. The proposed zone change application requests changi the existing site zoning from "Al" (General Agriculture) to "PC" (Planned Community) to establish Tonner Hills Planned Community. The Planned Community contains land use regulations and planning procedures for the project. In conjunction with the Planned Community, an Area Plan has been prepared that provides a detailed breakdown of development statistics by individual planing area. T e community -wide Area Plan provides a mechanism for review ofthe relationship of land uses, one to e other, throughout the Planned Community. 3.2 Project Area History The Planned Community site encompasses three oil and gas producing properties comprising 789.8 owned entirely by Nuevo Energy Company. These properties include the Steams Fee, the East Nat Fee, and the Columbia Fee (Exhibit 4.14-1 in Section 4.14, Mineral Resources illustrates the bounc Draft EIR 4102. p-1.1 412VIO2 3-7 tf..M 41R 1. 11:%1.1! 1:%1.1!411 Exhibit 70nner Hills Concept Development Pi la � G_!__� m � � a 16 ey■-�u� _ 0�E§�&2 ED T 00 If�0Mx 2&■§d I 2 !� Exhibit 70nner Hills Concept Development Pi la � G_!__� m AR—WA I 141UHW 4TS Vk]NrIPAI MICOR SEMWDAR ROADS M73LDE OF OC kht— SHOWN FUR CONTM77ni V-5 Orange County Mater Plan of Arkwbi Draft EIR 4AJ2 pnnreJ 4129101 4.7-17 CITY COUNCIL Agenda # 7.1.1 Meeting Date: June 18, 2002 AGENDA; REPORT TO: Honorable Mayor and Members the City Council VIA: Linda C. Lowry, City Manag-' TITLE: RESOLUTION NO. 2002 -XX, A ESOLUTION OF THE CII Y COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPIIIS G ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2002-03. RECOMMENDATION: That the City Council approve Resolution No. 2002 -XX, A Resolution of the City �ouncil of the City of Diamond Bar Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 38 for the Fiscal Year 2002-03. FINANCIAL SUMMARY: The requested District 38 levy rate of $15.00 per parcel will generate approximately $264,870 in assessment revenue. The assessment rate remains the same asp the rate applied at the date of Diamond Bar's incorporation. The assessment revenues shall be deposited in Special Revenue Landscape Fund 138 and shall apply toward th6 2002-03 operation, maintenance, capital budget, and a small reserve for future capital impr vements. The total annual budget of the District is $652,695. The itemized budget for Dis rict 38 is included in the attached Engineer's Report, Financial Analysis, page 4. BACKGROUNDMISCUSSION: The landscaping improvements to be maintained by District 38 are the parkways long the northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitrid a Drive), the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golde�i Springs Drive), along Golden Springs Drive (between Torito Lane and Temple Avenue)and the streetscape improvements along Brea Canyon Road (between Pathfinder Roac and the Southerly City Limit); and the medians throughout the City. This reflects a total maintenance area of 10.34 acres. The maintenance and servicing of public la dscaping improvements installed and constructed in public places in the city provides a spec al benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 17,658 parcels. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets; sewers, water, flood control drainage systems or vector control. Prepared By: Sharon Gomez, Management Analyst REVIEWED BY: vi . Liu Director of Public Works Attachments: Resolution No. 2002 -XX Engineer's Report �/- -�p Jdw/es DeStefai o Deputy City Manager RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2002-03. A. RECITALS. (i) By its Resolution No. 2002-37, this Council approved a report of the City Engineer related to City of Diamond Bar Assessment District No. 38 prepared pur uant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the qu�stion of assessment thereon for fiscal year 2002-03. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-1." {ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond', Bar, California on June 18, 2002, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all res ects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment Ivied therefor. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in, said 1 report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2002-03 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered leo be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $15.00 for each assessable lot located within said Distri It are hereby adopted and confirmed and said assessment hereby is levied for the 2002-03 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the cost and expenses of the improvements described in the report referred to hereinabove for fiscal year 2002-03. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamon� Bar Assessment District No. 38. 8. The City Clerk is hereby authorized and directed to file the diagra and assessment with the County Auditor, together with a certified copy of this Res ol tion upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the ffice of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. 2 ADOPTED AND APPROVED this day of Wen C. Chang, Mayor , 2002. I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify th�t the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the da� of 2002, by the following Rall Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 3 Wid si SAN CDUWY EXHIBIT "A-lf" ASSESSMENT DIA RAM ASSESSMENT DISTRI T N0.38 FISCAL YEAR 200 03 for the CITY OF DIAMOND 64R E u SHEET t OF TSHEEY C A aAMaND BAR BLVD. B. GRAND AVE. 11 C. GOLDEN SPRWGS RD. 157 PWY OVERCTOSSING TO WEST CITY LUTS PARKWAYS: D. GAMMON DAVE.A 9i - VRIDGETD DIAMIDND BM BLVD, D. N NORM SIDE E. TEMPLE - DLAMOND BAR OLVO. TO ` 00L WN Sv RD n SIDE f. oZ eV D Tor to to g' o-5o8y-8i.tydL. i athfind Total. Area; g 5 Ground Cover 19 acres ASSESSMENT DISTRICO%T N0.38 FISCAL YEAR 200 a - 0 3 for the CITY OF DIAMOND B R Exhibit "B-1 GF�B�@_ _ UR1� .. I� ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 2002-03 CITY OF DIAMOND BAR Preliminary: May 21, 2002 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS Pag INTRODUCTION 1 BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 13 Landscaping FINANCIAL ANALYSIS 4 i Revenue Appropriations METHOD OF APPORTIONMENT 6 ASSESSMENT 7 ASSESSMENT ROLL Exhibit "A-1" - Assessment Diagram Exhibit "B-1" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2002-03 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of�way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1 "). AlI parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for d Beast or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median islan and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1, " attached hereto, shows the location and extent of the landscaping improvements tol, be maintained by the proceeds from this assessment district. Brea Canyon Road Streetscape Improvements Project from Pathfinder Road to the Southerly City Limit is eligible under District No. 38 and is hereby included for maintenance, although it is not designated in Exhibit B-1. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 2002-03 Fiscal Year is as follows: Revenue: Appropriation Fund Balance (from FY 2001-02) Property Tax - Special Assessments Interest Revenue TOTAL Appropriations: Personnel Services Salaries City Paid Benefits Retirement Worker's Compensation Expense Short/Long Term Disability Medicare Expense Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance -Grounds & Bldg Professional Services Contract Services Capital Outlay Capital Improvements Transfer to CIP Fund ** Reserve for Future Capital Improvements 2002-03 Recommended Budget $ 367,825 264,870 20,000 $ 652,695 16,950 220 1,980 690 10 250 2,650 2,000 92,940 15,000 20,600 68,325 15,000 412,410 3,670 TOTAL $ 652,695 * Includes replacement of irrigation controller clocks (10 controllers @ $1,500/each) ** Grand Avenue Median (40%) ($38,400). Slope Maintenance Easements - SIE Corner of Diamond Bar Blvd. at Temple Ave. and Eastside of Diamond Bar Blvd. at S. Golden Springs ($128,000). Landscape Improvements - Diamond Bar Blvd. between Maple Hill Rd. and Mountain Laurel Way ($128,140). Landscape Improvements - Pathfinder Rd. at Evergreen Springs Dr. ($55,120). Landscape Improvements - BCR at Gerndal St. ($34,460). Landscape Improvements - Golden Springs Dr. at Adel Ave. ($28,290). 4 Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special bnefit which is received by each and every lot or parcel within the District, tending to enhance Heir value, The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits Existing land use information indicates that well over 90 percent of the parcels within the ' ity of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the �ame net assessment. ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $264,870 Estimated Number of Parcels: $ 17,658 Estimated Assessment Per Parcel: $ 15.00 2001-02 Assessment Per Parcel: $ 15.00 2002-03 Assessment Per Parcel: $ 15.00 Difference: $ 0.00 7 ASSESSMENT ROLL The individual 2002-03 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: .2002 .13 GFB-FRIEDRICH & ASSOC., INC. i� JOHN A. FRIEDRICH EXHIBITS CITY COUNCIL Agenda # 7. 1 •2 Meeting Date: June 18, 2002 AGENDA REPORT TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manag �L �1 TITLE: RESOLULTION NO. 2002 -XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2002- 03. RECOMMENDATION: That the City Council approve Resolution No. 2002 -XX, A Resolution of the City Council of the City of Diamond Bar Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 39 for the Fiscal Year 2002-03. FINANCIAL SUMMARY: The requested District 39 levy rate of $130.00 per parcel will generate approximately $164,450 in assessment revenue. The assessment rate remains the same as the rate applied at the date of Diamond Bar's incorporation. The assessment revenues shall be deposited in Special Revenue Landscape Fund 139 and shall apply toward the 20C12-03 operation, maintenance, capital budget, and reserve for future improvements. The District budget totals $369,430. The itemized budget for District 39 is included in the attached Engineer's Report, Financial Analysis, page 4. BACKGROUNDIDISCUSSION: The landscaping improvements to be maintained by District 39 are the mini p rks, slopes, and open space areas within the Assessment diagram as reflected in Exhibit "A- 2" of the Engineer's Report. This reflects a total maintenance area of 60.45 acres.The maintenance and servicing of public landscaping improvements installed and constructed in public places in the city provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The estimated number of parcels within the District is 1,265 pa�cels. This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: Sharon Gomez, Management Analyst REVIEWED BY: David G. Liu Director of Public Works Attachments: Resolution No. 2002 -XX Engineer's Report Mill James DeSttager o Deputy City RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2002-03. A. RECITALS. By its Resolution No. 2002-38, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment DistrictN 39 prepared pursuant to California Streets and Highways Code Section 22623, desc ibed the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2002-03. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A-2." (ii) Said hearing was duly and properly noticed, commenced at the Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond) Bar, California on June 18, 2002, and was concluded prior to the adoption of this Resol (iii) All legal prerequisites to the adoption of this Resolution have occu B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does h�reby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all resects true and correct. 1 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefor. 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified in said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amo�nt to be assessed upon the lands within said District for the 2002-03 fiscal year, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion t, the estimated benefits to be received by each such lot or parcel from the improve 4. The improvements specified in the report hereinabove referred to which is on file with the City Clerk of the City of Diamond Bar are hereby ordered r be completed. 5. The assessment diagram contained in the report referred to hereinabove and the assessment of $130.00 for each assessable lot located within said District are hereby adopted and confirmed and said assessment hereby is levied for the 2062-03 fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assessment pursuant to the Act. The assessment is levied for the purpose of paying the costs and expenses of the improvements described in the report referred to hereinabove for fiscal year 2002-03. 7. The City Treasurer shall deposit all moneys representing assessments collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 39. E 8. The City Clerk is hereby authorized and directed to file the diagram and assessment with the County Auditor, together with a certified copy of this Resolution upon its adoption. 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of , 2002. Wen C. Chang, Mayor 1, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify thst the I foregoing Resolution was passed, approved and adopted at the regular meeting �f the City Council of the City of Diamond Bar held on the day of 2002, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 3 SHEET I 0 1 SHEET EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0, 39 FISCAL YEAR 2002-03 forthe CITY OF DIAMOND BAR EXHIBIT "B-2" ASSESSMENT DISTRICT N4, 39 FISCAL YEAR 2002-03 forthe CITY OF DIAMOND BAR SHEET I OF 1 SHEET ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 2002-03 CITY OF DIAMOND BAR Preliminary: May 21, 2002 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT Page 1 2 3 4 5 6 ASSESSMENT ROLL 7 Exhibit "A-2" - Assessment Diagram Exhibit "B-2" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2002-03 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable by law. BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 04 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-2, " attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. 3 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 2002-03 Fiscal Year is as follows: 2002-03 Recommended Budget Revenue: Reserve Fund Balance (from FY 2001-02) $ 196,980 Property Tax and Assessments 164,450 Interest Revenue 8,000 TOTAL $ 369,430 Appropriations: Personal Services Salaries $ 16,950 City Paid Benefits 220 Retirement 1,980 Worker's Compensation Expense 690 Short/Long Term Disability 10 Medicare Expense 250 Cafeteria Benefits 2,650 Operating Expenses Advertising 2,000 Utilities 61,160 Maintenance -Grounds & Bldg. 15,000 Professional Services 6,000 Contract Services 57,900 Capital Outlays Miscellaneous Equipment* 20,000 Capital Improvements ** 5,000 Reserve for Future Capital Improvements 179,620 TOTAL $ 369,430 * Includes replacement of irrigation controller clocks. ** Painting of block wall and wrought iron along Grand Avenue between Summitridge Dr. and East City Limit. As funds become available, it is planned to update equipment in each of the district's mini -parks. 4 Plans and Specifications Plans and specifications showing the general nature, location and extent of any proposed improvements are on file in the office of the City Clerk and available for public inspection. METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. 0 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $164,450 Estimated Number of Parcels: 1,265 Estimated Assessment Per Parcel: $ 130.00 2001-02 Assessment Per Parcel: $ 130.00 2002-03 Assessment Per Parcel: $ 130.00 Difference: $ 0.00 fll ASSESSMENT ROLL The individual 2002-03 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) CITY COUNCIL Agenda # 7.1.3 Meeting Date: June 18, 2002 AGENDA REPORT TO: Honorable Mayor and Members of e City Council VIA: Linda C. Lowry, City Manager✓_[/y\/1 TITLE: RESOLUTION NO. 2002 -XX, A RESOLUTION OF THE Cl --Y COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2002-03 RECOMMENDATION: That the City Council approve Resolution No. 2002 -XX, A Resolution of the City Council of the City of Diamond Bar Levying an Assessment on City of Diamond Bar Landscaping Assessment District No. 41 for the Fiscal Year 2002-03. FINANCIAL SUMMARY: The requested District 41 levy rate of $220.50 per parcel will generate approximately $122,157 in assessment revenue. The assessment rate remains the same as the rate applied at the date of incorporation of the City of Diamond Bar. The assessment revenues shall be deposited in Special Revenue Landscape Fund 141 and shall apply toward the 2002-03 operation, maintenance, capital improvement budget, and reserve f r future improvements. The District budget totals $504,692. The itemized budget for Dist ict 41 is included in the attached Engineer's Report, Financial Analysis, page 4. BACKGROUND/DISCUSSION: The landscaping improvements to be maintained by District 41 are the slopes, and open space areas within the Assessment diagrams as reflected in Exhibit "B-3" of the E gineer's Report. This reflects a total maintenance area of 15.5 acres. The maintenance and servicing of public landscaping improvements installed and constructed in public Dlaces. in the city provides a special benefit which is received by each and every lot or par el within the District, tending to enhance their value. The estimated number of parcels v ithin the District is 554 parcels. The amount assessed upon the lands within District No. 41 for Fiscal Year 2001-02 was $220.50 per parcel. 1 This proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: David G. Liu/Sharon Gomez REVIEWED BY: 4�� avid . Liu Director of Public Works Attachments: Resolution No. 2002 -XX Engineer's Report JAAes DeSte no Deputy City Manager RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR LEVYING AN ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2002-03. A. RECITALS. (i) By its Resolution No. 2002-39, this Council approved a report of the City Engineer related to City of Diamond Bar Landscaping Assessment District No. 41 prepared pursuant to California Streets and Highways Code Section 22623, described the improvements thereon and gave notice of and fixed the time and place of the hearing on the question of assessment thereon for fiscal year 2002-03. A diagram of the area encompassed by said assessment district is attached hereto as Exhibit "A4" (ii) Said hearing was duly and properly noticed, commenced at the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California on June 18, 2002, and was concluded prior to the adoption of this Resolution. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and order as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. This Council hereby expressly overrules any and all protests filed objecting to the proposed improvements specified herein or the assessment levied therefor. 1 3. Based upon its review of the report of the City Engineer referred to hereinabove, and other reports and information, the City Council hereby finds that (i) the land within the said District will be benefitted by the improvements specified ir1 said report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to be assessed upon the lands within said District for the 2002-03 fiscal ye6r, in accordance with said report, is apportioned by a formula and method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvement 4. The improvements specified in the report hereinabove referred to wh ch is on file with the City Clerk of the City of Diamond Bar are hereby ordered be completed. 5. The assessment diagram contained in the report referred to herein and the assessment of $220.50 for each assessable lot located within said Distridt are hereby adopted and confirmed and said assessment hereby is levied for the fiscal year. 6. The assessment is in compliance with the provisions of the Act, and the City Council has complied with all laws pertaining to the levy of an annual assess pursuant to the Act. The assessment is levied for the purpose of paying the cost and expenses of the improvements described in the report referred to hereinabove for fiscal year 2002-03. j 7. The City Treasurer shall deposit all moneys representing assess collected by the County to the credit of a special fund for use in City of Diamond Bar Assessment District No. 41. 8. The City Clerk is hereby authorized and directed to file the diagram) and assessment with the County Auditor, together with a certified copy of this Resol upon its adoption. 2 9. A certified copy of the assessment and diagram shall be filed in the office of the City Clerk and open for public inspection. 10. The City Cleric shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of , 2002. Wen C. Chang, 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 the regular meeting f the City Council of the City of Diamond Bar held on the d y of , 2002, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: 3 SKEET I OF I SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. 41 FISCAL. YEAR 2002-03- for 002-03.for the CITY OF DIAMOND BAR --cl, -ec�Tn Li EXHIBIT '13-3" SHBBT y q� liter ASSESSMENT DISTRICT FISCAL YEAR �� 4 a 2002,03 for the CITY OF DIAMOND BAR L-- ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 2002-03 CITY OF DIAMOND BAR Preliminary: May 21, 2002 GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS P4& INTRODUCTION 1' BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 31 Landscaping FINANCIAL ANALYSIS 4 Revenue Appropriations METHOD OF APPORTIONMENT 5 ASSESSMENT ASSESSMENT ROLL Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2002-03 Fiscal Year for the district Known as ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of;way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount amog all assessable lots or parcels in proportion to the estimated special benefits to be I received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improve ents shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal governme t, are not assessable by law, �I BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-3"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. 2 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including with limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -p rks, slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows the loc tion and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 2002-03 Fiscal Year is as follows: Revenue: Appropriation Fund Balance (from FY 2001-02) Property Tax and Assessments Interest Revenue TOTAL Appropriations: Personal Services Salaries City Paid Benefits Retirement Worker's Compensation Expense Short/Long Term Disability Medicare Expense Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance -Grounds & Bldg Professional Services Contract Services Contract Services Weed/Pest Abatement Capital Outlays Miscellaneous Equipment Capital Improvements ** Reserve for Future Capital Improvements TOTAL 2002-03 Recommended Budgj $ 368,535 122,157 14,000 $ 504,692 16,950 220 1,980 690 10 250 2,650 2,000 66,830 10,000 6,000 25,830 15,000 30,000 240,000 86,282 $ 504,692 * Includes replacement of irrigation controllers (15 controllers Q $1,666 each) Irrigation controller security boxes (5 boxes (9 $1,000 each) ** Landscape Improvements - Brea Canyon Cut-off from Fallowfield to Westerly City Limits 4 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special b�nefi which is received by each and every lot or parcel within the District, tending to enhance t eir value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefit Existing land use information indicates that all of the parcels within the District are reside Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: 554 Estimated Assessment Per Parcel: $ 220.50 2001-02 Assessment Per Parcel: $ 220.50 2002-03 Assessment Per Parcel: ASSESSMENT ROLL The individual 2002-03 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: , 2002 GFB-FRIEDRICH & ASSOC., INC. JOHN A. FRIEDRICH EXHIBITS CITY COUNCIL Agenda # 8 , la Meeting Date: June 18, 2002 AGENDA REPORT TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manage TITLE: Approval and adoption of the FY02-03 City of Diamond Bar Proposed Municipal Budget RECOMMENDATION: Adopt Resolution 02 -XX — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FO � THE FISCAL YEAR COMMENCING JULY 1, 2002 AND ENDING JUNE 30, 2003, INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENT AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH" amending the City Manager Proposed FY02-03 Budget as directed by City Council in this public meeting. FINANCIAL IMPACT: The document as submitted reflects General Fund Resources of $19,963,440 with anticipated expenditures of $19,004,050. This includes $5,793,630 in General Fund Reserves that wil� provide the one-time funding toward the FY 02-03 Capital improvement program. The annual Gen ral Fund Estimated Revenues exceed annual General Fund Appropriations by $959,390. It is anticipated that the General Fund Balance at the end of FY02-03 will be $14,085,925. The proposed budget also includes a Capital Improvement program that amounts to $15,056,184. In addition there are spending plans for the various Special Revenue Funds and Internal Service Funds. BACKGROUND: Each year the City Manager prepares and submits a preliminary municipal budget for review and adoption. This year the proposed budget was presented to the Finance Sub -Committee ai its meeting on May 21, 2002, was discussed at the City Council Study Session and Meeting on June 4 2002 and discussed at the City Council Study Session on June 18,2002. DISCUSSION: Personnel Changes: Cost of Living Adjustment (COLA) — a 2.5 percent COLA has been applied. This is based on the CPI as provided through the California Department of Finance. Long Term Disability Insurance — the cost of long term disability insurance has been included. This has been included in the Personnel Rules and Regulations as being City provided since incorporation but until now has never been done, The estimated annual cost for this is $14,640. Cafeteria Benefit — Due to ever increasing cost of PERS health care insurance costs, the cafeteria benefit has been increased by $25 and now stands at $745/month and $775/month for exempt employees and City Council. Employee Assistance Program — The cost of an employee assistance program has been i cluded. This benefit will provide counseling and other help to employees having emotional, physi I or other personal problems, The employees may use this program either voluntarily or by referral. The approximate cost of this benefit is estimated to be $1,000 per year. Benefit Enhancement for Executive Management Staff — An auto allowance of $150/month has been included and is being recommended, with a total annual cost of $10,800. In addition, it is also being recommended that the administrative leave be increased from two days to four days. The Executive Management Staff includes the Deputy City Managers, Public Works Director, Community, Services Director, Finance Director and City Clerk. Changes in Classifications — The proposed budget includes changes in salary ranges fort e Community Services Director, Finance Director, Assistant to the City Manager, and Execu ive Assistant positions. The Assistant City Clerk position is being reclassified to an exempt position and to a corresponding salary range. One of the development Services Assistant positions is being eliminated and replaced with a new Senior Neighborhood Improvement Officer position. Community Services Division Reorganization - Included within the proposed budget is a reorganization plan for the Community Services Division. Changes in personnel include a imination of the Recreation Superintendent position, the Management Analyst position and two Recreation Specialist positions. It also includes the creation of one Senior Management Analyst position, two Recreation Supervisor (new title, salary range 1635, exempt) positions and the increase of two Community Services Coordinators from 30 hours a week Part-time Benefited to Full -Time Non - Exempt positions. Legislative Services: City Council Division (page 29) —The major change in the City Council Division is due t� the movement of the City Lobbyist contract to the City Manager's Division. City Attorney Division (page 31) — There is a reduction in the anticipated legal costs. City Manager Division (page 33) - The change in Personnel is due to the movement of one of the Senior Management Analyst positions to the Human Resources Division. In addition there is change in the clerical support position from Administrative Assistant to Office Assistant. As mentioned previously the funds for the City Lobbyist is now being budgeted in this division. City Clerk Division (page 37) — The change in Personnel is due to the change in the allocation of a vacant position. The position had been previously budgeted as an Administrative Analyst and is now recommended as an Office Assistant. In addition, this position is also being split with the newly formed Neighborhood Improvement Division. It is anticipated that this position will provide clerical support to both the City Clerk Division as well as the Neighborhood improvement Division.) Administration & Support: The budget in this area is being expanded and refined to more closely reflect the activities conducted within the department. This department now includes divisions for Human Resources and Information Systems. The former Communications and Marketing Division has been rens ed Public Information to more closely reflect the activities of the Division. Finance Division (page 45) — There is little change in the Finance Division this year. There is an allocation of a portion of the Finance Director's position to the Human Resources Division.' Professional Services was higher in FY01-02 to cover the absence of a staff member who was on Family Medical Leave. Human Resources Division (page 49) - This Division is being created this year to emphasize the ever increasing importance of the City's employee relations. This division will be charged jvith the recruitment, training, retention and departmental assistance in employee relations. Previo.Usly, this function had been included within the City Manager's division. Until now, there has been little emphasis in this area. Information Systems Division (page 53) — the City Council recently adopted an E -Government Plan that sets a list of goals and objectives for the City in the area of data processing andnformation systems. As a result, it has been decided to highlight these activities within its own division. These activities had previously been reflected in the former Communications and Marketing Division. General Government Division (page 57) — The reduction in Operating Expenditures is cue to the reduction in Rental/Lease of Real Property. This is due to the end of the lease obligation related to the former City Hall facility. In FY01-02, Professional Services were higher than normal due to several special contracts that were completed during the year. They include but are not limited to contracts for the E -Government Plan, aerial photography, alternative road study, and redevelopment project area study. Contract Services is lower due to the relocation of the newsletter budget allocation to the Public Information Division. The allotment for the Chamber of Commerce) contract has been moved to Economic Development. Public Information Division (formerly Communications and Marketing Division) (page 6�) — this division was reorganized early in FY01-02, As a result of this reorganization, the goals anld objectives of the division have changed as well. The title of the division now more closely reflects the activities of the division. The reduction in Personnel Services is due to the change in number of staff allocated to this division. As mentioned earlier, the cost of the newsletter preparation has been moved to this area. Operating Expenditures and Contract Services are higher to reflect the movement of newsletter publication and printing cost to this division. Capital Outlay is being increased to allow for the upgrade to the SCALA system that services DBTV. Public Safety: Law Enforcement (page 73) — This fiscal year there has been an increase in the L.A. County Sheriffs Department contract rate of 3.57 % in "relieved" Deputy Sheriff Service units and5.59% increase in "non -relieved" Deputy Sheriff Service units. In an effort to contain costs, there ave been some changes to the contracted service units. The most significant of which is the elimina ion of the Supplemental Sergeant and 50% Community Relations Officer (CRO). This CRO position had been identified in previous budgets as an "Asian Task Force Deputy' erroneously. The services provided by an "Asian Task Force Deputy" are provided as a part of the City's contract automaticall and therefore not being eliminated. The reductions are being absorbed by the more effective u e of the City's contracted personnel. i Animal Control (page 79) — A line item has been added to budget separately for wild aninhal control. j Development Services Department This fiscal year there are changes in Development Services Department being recommended. Two new divisions are being added. They include the Neighborhood Improvement Division an� the Economic Development Division. The creation of these divisions will demonstrate the ca mitment to the goals and objectives as they relate to these activities. Planning Division (page 91) —The reduction in personnel in the Planning Division is a result of moving the Neighborhood Improvement Officers (formerly Code Enforcement Officers) to he new Neighborhood Improvement Division. In addition, one of the Development Services Assis ant positions has been eliminated to fund a Senior Neighborhood Improvement Officer positio . Fifty percent of this position had been budgeted within the Planning Division. Professional Se ices have been increased to cover the cost of the government affairs consultant agreement, various studies including a development fees study and General Plan updates, Neighborhood Improvement (page 97) — This new division has been set up to highlight ctivities related to Neighborhood Improvement. It is anticipated that this division will be staffed wit a total of three Neighborhood Improvement professionals with a compliment of clerical staff includi g a portion of the Office Assistant that is being shared with the City Clerk's Division. Economic Development (page 1 Q1) — The major component of this division is the approved business incentive agreement payment to SigmaNet. The allocation for the Chamber of dommerce contract has also been included here. Community Services Department: Community Services Administration (page 107) — There are no significant changes. Park Operations (page 111) _ There is slight reduction in costs due to the reduction in utility costs as a result of the implementation of various cost savings measures which are being identified by the City's contracted utility consultant. Recreation (page 115) — As mentioned in the personnel summary, a reorganization of the Recreation staff is being recommended. As a result, there is a reduction in personnel costs. Operati g Expenditures are reduced as a result of the newsletter now being produced by the Inform tion Services Division. Professional Services is increased to accommodate the hiring of a professional to record various community sponsored activities for airing on DBTV. Public Works Department Public Works Administration (page 123) - There is a reduction in Personnel Services th�s fiscal year. This is as a result of the elimination of one of the Development Services Assistantositions. This position had been previously split between the Planning Division and this division. T ere is an increase in Professional Services due to the increase environmental services necessary to deal the NPDES issues. $50,000 has been included in the Contract Services area to accommodate an update to the Pavement Management System. This will assist with the implementation of GASB P4, which goes into effect this fiscal year. Road Maintenance (page 131) —There is a decrease in this division this fiscal year. In fiscal year 2001-2002, the budget was higher due to the carryover of encumbrances from the previo s fiscal year. Transfers — Out There is a significant increase in the transfer out to the Capital Improvement Project Fund. The major reason is due to the full funding of the construction of the Community Senior Center Proj ct. Another element of this is the transfer of funds to assist in the continued maintenance of the City'q streets. This fiscal year, the City has faced a shortage in Gas Tax funds that normally fund most f the City's road improvement projects. There is a combination of reasons for this shortage. Most significant is the completion of several major improvement projects in FY01-02. Additionally, the City Oow receives a smaller allocation of Gas Tax due to the change in the State's per capita population number. With the loss of the Redevelopment Project Area, many of the projects that were slated to be funded with RDA funds now have to be funded with either General Fund monies or Gas Tax. Special Funds Library Services Fund (page 143) —This fund was created in FY95-96 from the sale of lProp A — Transit Funds to enhance services provided by the library. This has included the provision and support of a computer network. There is an estimated balance of $83,485 left in the fund. It is recommended that the balance of this fund be contributed toward the costs of the development of the Community/Senior Center project and the preparation of the site for the possible future library. Community Organization Fund (page 145) — Once again there is $20,000 budgeted for the support of the various community non-profit organizations. Gas Tax Fund (page 149) — The Gas Tax Fund shows resources equaling $1,051,800. It is recommended that the street operations that are borne by the General Fund continue to be funded from this fund. This amounts to a transfer to the General Fund of $980,750. A new truck for the Public Works Supervisor is being proposed and is being funded through a transfer to the Vehicle Replacement Fund. The remaining balance is being used toward the Area 5 — Slurry Sea'. Prop A — Transit Fund (page 151) — This FY the Prop A —Transit Fund continues severall of its popular transit programs. This includes the transit subsidy program, Diamond Ride progr m, community excursions and Holiday Shuttle program. It is also being proposed that $500,000 in fund balance reserves be sold to assist in the funding of the Community/Senior Center. Prop C — Transit Fund (page 155) — This fund has traditionally addressed transit issues i the City. This has been done by assisting in the funding of many of the City traffic signals that are I cated along the various transit routes located in the City. The FY 02-03 proposed budget is no d fferent. As a result there is $796,869 proposed as a transfer to the CIP Fund for improvements at nine locations. Integrated Waste Management Fund (page 157) - There are no major changes to this fuhd. AB2928 — Traffic Congestion Relief Fund (page 161) — This is the third year that the City] will be receiving these funds for the purpose of street and highway maintenance_ This year the b6dget reflects a partial funding of the Area 5 - Slurry Seal project from this money. Air Quality Improvement Fund (page 163) — This fiscal year, the allocation of Air Quality unds which had been previously budgeted toward the Community Senior Center has been remo ed. It is anticipated that these funds will be used to assist in the funding of the City Council approved F - Government Ptan. i SB821 Fund — Bike and Pedestrian Paths (page 167) — No activity anticipated this fiscal gear. Park and Facility Development Fund (page 169) — See CIP Fund Discussion Community Development Block Grant Fund (page 171) — In January, 2002, the City conducted a Public Hearing to discuss the proposed uses of the CDBG Funds. This budget recommend tion is a reflection of this process. Major expenditures in this fund include funding toward the Comm pity Senior Center, Starshine Park ADA Retrofit, the City's Senior Program and contributions to Various community organizations to assist local low/moderate income families. 6 Citizens Option for Public Safety (page 175) — Revenue in this fund is derived from annual allocations of Federal and State COPS grants. This year, the proposed budget reflects the purchase of a vehicle and the painting of another vehicle for the Volunteer Patrol. This will provide a total of three vehicles available for their use. $5,000 is budgeted for surveillance cameras. This fund also provides funding for a portion of the 290-D Team, school traffic patrol, bike patrol and traffic check- points. This is reflected as a transfer out to the General Fund. Narcotics Asset Forfeiture Fund (page 127) — During FY01-02, the City Council authorized the joint purchase of a community policing vehicle in conjunction with the City of Walnut and the County (for Rowland Heights). Since this purchase has not been completed, $50,000 has been included in this budget for this purpose. CA Law Enforcement Equipment Program Fund (page 181) — These funds are provide to the City from the State to enhance equipment resources available to local law enforcement agenci s. A Memorandum of Understanding with the L.A. County Sheriff's Department was approved uring FY01-02 to fund the purchase of the LARCIS. The funding of which was split between tw fiscal years. As a result the second installment of this purchase in the amount of $60,215 has b en included in this budget. Landscape Maintenance - #38 Fund (page 183) — This fiscal year there have been seveal landscape and median improvement projects budgeted as a part of the City's BeautificationPlan. Landscape Maintenance - #39 Fund (page 187) — There are no major changes in this fund. Landscape Maintenance - #41 Fund (page 191) — This fiscal year, the major change in this fund is a transfer to the CIP Fund for slope improvements to be made along Brea Canyon Cutoff. Grand Avenue Construction Fund (page 197) -- This fund was created in FY89-90 as a result of the lawsuit settlement with the County of San Bernardino. These funds were to used to mitigato the additional flow of traffic on Grand Avenue which is as a result of the opening of Grand Ave ue into Chino Hills. There is a residual of $109,131 which is budgeted this fiscal year for a traffic signal which will be located on Grand Avenue at the new Community/Senior Center. Capital Improvements Projects Fund (page 199 and 206-207) - The FY2002-2003 Capit I Improvement Project (CIP) Budget process has met with some challenges this fiscal year. owever, even with these challenges, the proposed CIP budget has been created to assist the City C unci) in meeting many of its Goals and Objectives. The number one goal for the City for FY2002-2003 is to "Finalize plans for Community/Seni r Center; commence construction of facility and design schematic plans for library". To this end, the IP Budget includes funds for the construction and completion of the Community/Senior Center. It is estimated that the total cost of the project will be $12,658,900 of which $11,511,052 is budgeted for FY02-03. The challenge was to find the funds to make the Community/Senior Center a reality. A total of ten different sources of funds have been identified in the CIP Budget. 7 This year the City has also been faced with the reality of lower Gas Tax reserves. These reserves normally fund many the City's street improvement projects. There is a combination of reasons for this shortage. Most significant is the completion of several major improvement projects in FY01-02. Additionally, the City now receives a smaller allocation of Gas Tax due to the change in the State's per capita population number. With the loss of the Redevelopment Project Area, many of the projects that were slated to be funded with RDA funds, now have to be funded with either General Fund monies or Gas Tax. Street improvement Projects included this year are the rehabilitation of Prospector's Roadfrom Sunset Crossing to Golden Springs, Area 5 Slurry Seal and the project design of future improvements planned for Grand Avenue. Another goal of the City is to "Develop long and short-term strategic solutions to various tr ffic and transportation issues which impact City residents." To this end, there are ten Traffic Management Improvement projects being recommended this fiscal year, two of which are being funded with money from the Safe Routes to Schools program, Besides the Community/Senior Center project, there are four Park and Recreation Improvement projects being recommended. They include: the next phase of the ADA retrofit of Sycamot+e Canyon Park, the completion of two picnic shelters at Pantera Park, the design of a plan to ADA reirofit Starshine Park and the trail head improvement at Sycamore Canyon which is a start to the! implementation of the Trails Master Plan (goal #5, objective #2) The CIP budget includes $710,010 for Landscape and Irrigation Improvements throughout he City. These projects are all being funded out of LLAD #38 and #41 with the exception of $57,60( in General Fund money for the Grand Ave. Parkway/Median at the westerly City limits. Self Insurance Fund (page 209) — There are no major changes this fiscal year Vehicle Replacement Fund (page 211) — This fund was established in FY99-00 to provide a method for funding the purchase and replacement of City vehicles. As mentioned earlier, there is $5,000 budgeted as a transfer -in from the COPS Fund to purchase a vehicle for the Community V lunteer Patrol. Computer Replacement Fund (page 213) —This fund was created in FY01-02 to providemethod for funding the purchase of computers and software. This fiscal year, it is recommended tha replacement computers be purchased by the General Fund. It is anticipated that transfers f om the General Fund will re -commence in FY03-04. i Decision Packages The City Manager has put together a comprehensive revenue and spending plan for Fiscal Year 2002-2003 in the form of the proposed budget. There are however a few items which warrant additional discussion and direction. These are presented in addition to the budget in the forr of Decision Packages. There are eleven decision packages of which the estimated cost totals) $1,059,906.60. Of this amount, the City Manager recommends $627,600 ($502,600 — General Fund, $125,000 — Air Quality Fund) be added to the FY02-03 Municipal Budget. Once it is decided which will be included, the appropriation will be inserted into the budget accordingly. PREPARED BY: Linda G. Magnuson REVIEWED BY: Departr6edt Head Attachments: Deputy Uityl<anager Decision Package Summarization and Recommendations Resolution #02 -XX Fiscal Year 2002-2003 Annual Budget (proposed) 9 c A (O rnmo 0 a m Li oN E a LL mar. AVY+ �O Q V. L ca a U m C m . 10 0 N C • �� (NGo 0 � E N , m d C V Q 12 >. 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RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 2002 AND ENDING JUNE 30, 2003 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. A. Recitals 1 (i) The City Manager has heretofore prepared and presented to this City Council a proposed budget for the City's fiscal year 2002-2003, including staffing and position allocations, maintenance and operations, special funds and capital improvements, including appropriations therefor (referred to the "Budget" sometimes hereinafter). 1 (ii) The Planning Commission of the City of Diamond Bar has heretofore pulllicly reviewed the proposed capital improvements specified in the Budget and has rendered to the City Council its report thereon concerning conformity of the capital improvement program with the ity-s contemplated general plan, all as required by California Government Code Section 65401. Codes of the Budget are on file in the office of the City Clerk labeled "City of Diamond Bar 2002-03 Budget" and said Budget hereby is made a part of this Resolution. (iii) The City Council has conducted a public hearing on the entirety of the fi year 2002-03 Budget and concluded said hearing prior to the adoption of this Resolution. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW THEREFORE, the City Council of the City of Diamond Bar does hereby fild, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. The City Council hereby finds and determines that the capital improvement program set forth in the Budget, and each project identified therein, is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder pursuant to Section 15301 of Division 6 of Title 14 of the California Code of Regulations. 3. The Budget, including the changes enumerated and directed to be made by th� City Council during the course of the public hearing conducted by the City Council, hereby is adop�ed as the Budget of the City of Diamond Bar for the fiscal year commencing July 1, 2002 and ending June 30, 2003 and consisting of the estimated and anticipated expenditures and revenues for that fiscal year. 4. There are hereby appropriated for obligations and expenditures by the ',City I Manager the amounts shown for the various departments, divisions and objects set forth in the i Budget. All obligations and expenditures shall be incurred and made in the manner provided by the Provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. g. 5. Subject to further provision of this Resolution, the appropriations made above constitute the maximum amount authorized for obligation and expenditure by the City Manager) for respective departments, divisions and objects as set forth in the Budget. Each department head stall be responsible, as well as the City Manager, for seeing that said maximum amounts are not excee�ed. 6. No warrant shall be issued nor shall any indebtedness be incurred which exceods the unexpended balance of the fund and department appropriations herein above authorized unloss such appropriations shall have been amended by a supplemental appropriation duly enacted by the City Council, or by individual appropriations within any aforesaid fund or department therein, exc$pt insofar as the City Manager may authorized transfers pursuant to this Resolution. 7. Within the various funds and departments contained in the Budget, the City Manager is authorized to employ, during the fiscal year covered by said Budget, the number and classification of such full time employees as are shown in the Budget all subject to the provisions of the City's classification and compensation plans as amended and adopted by the City Council. Part time and seasonal employees are authorized as necessary by the City Manager provided that th6 total to be obligated and expended within any fund and department set forth in the Budget, with rospect i to salaries and wages therefor, shall not exceed the budgeted and appropriated amount, as thejsame may be amended by the City Council, from time to time. 8. The City Manager hereby is authorized to transfer funds appropriated here�y or by supplemental appropriation as follows: With respect to those classifications designated by (bode 1000 series, 2000 series, 4000 series, 5000 series and code 6000 series, the City Manager may transfer amounts between and within those classifications, but only within a department or fund. i 9, The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of , 2002. Wen Chang, Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS; ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk of City of Diamond Bar CITY COUNCIL 31VHIC X12 �ti TO: Honorable Mayor and Members of he City Council VIA: Linda C. Lowry, City Manager Agenda # 8.2 Meeting Date June is, 2002 AGENDA REPORT TITLE: Renewal of Diamond Bar Chamber of Commerce Annual Agreement RECOMMENDATION: Approve the recommendation of the Council Chamber of Commerce Sub committee to renew the Chamber of Commerce Annual Agreement which shall include Administrative Support, the publication of the City News as an addition to The VIEW or the placement of a City advertis ment in The VIEW, Membership Dues, and the inclusion of a City advertisement panel in the new printing of he City map; and direct the City Manager to execute the agreement. FINANCIAL IMPACT: 2001-02 Proposed Contract Elements Agreement 2002-03 Administrative Support $24,000 $24,000 (A) Monthly support for services to the City for promotion of city services, informational distribution and efforts to enhance the development of programs for the public benefit including but not limited to: Small Business Seminars, Business Expo, City Birthday Party, business visitation, management of the Diamond Bar Farmers Market. (A) The Council Sub -committee recommends that $6,000 of this amount be subject to a new performance criteria that the Chamber Increase the Chamber Membership by three (3) members per month or twelve (12) members per quarter. Advertising -0- (B) -0- (B) Except for last year, the City has placed advertisements in The VIEW up to ` a cost of $12,000 per year. This contract item was dropped when the City began publishing the City News monthly as part of The VIEW. The schedule for placement of advertisements had been the sole discretion of the City with the Chamber invoicing the City after placement. (B) The Council Sab-committee recommends that if the monthly publication of the City News in The VIEW is terminated, then the City would recommence purchasing advertising in The VIEW in a manner consistent with that described above. Membership Dues -0- 1,500 (c) Dues includes the City as a business as well as individual membership of five (5) Council Members and the City Manager. (C) Last year the City Membership Dues was dropped. The Council Sub- committee recommends that the dues be reinstated to be consistent with the City's desire for the Chamber to become more financially self reliant with dues being a primary source of funds. 2001-02 Proposed Contract Elements cont'd Agreement 2002-03 City Map -0- 2,500 (D) The Chamber prints a City map that has become the "Official Map" which staff makes readily available to the public from the front counter. Thousands of these maps are made available by the Chamber. The cost reflects the price to place a City advertisement as a panel of the folded map. (D) The Council Sub -committee recommends including this item in the annual agreement. Monthly City Newsletter 48,888 (E) 74,000 (F) Publishing the monthly City News as part of The VIEW was a new item included in the Chamber agreement last year. Concerns have been raised about the cost per issue. The service provided by the Chamber has met the contract expectations and has advanced the Council's goal of community partnering and improved communications to the community. (E) Nine (9) monthly, four-page editions of the City Newsletter were originally contracted ($55,000 or $6,111 per month) to be published and delivered to all businesses and residents including the delivery of three quarterly recreational brochure Inserts. The number was reduced to eight (8) ($48,888) due to start up delays. (F) The Council Sub -committee recommends that City staff prepare and let out a set of Newsletter bid spec's as well as prepare an in-house proposal to generate a monthly City Newsletter. The Chamber would be invited to bid and if unsuccessful In winning the award, the Chamber would be given an appropriate notice of termination of service, sixty (60) days. The City would then replace the publishing service with the advertising service referred to in item (B) above. Total Annual Amount $72,88 (G) (G) The overall increase reflects publishing twelve (12) months of the City News rather than eight (8), the inclusion of Membership Dues and the City map. BACKGROUND: Members of the City Council have expressed a desire to encourage the Diamond Bar Chamber f Commerce to strengthen its economic self-sufficiency. To this end, the Council Chamber sub -committee has recommended a contract approach that reinforces a Chamber reliance on membership dues. In addition, the directive to bid out publishing the current City News is aimed at encouraging a more entrepreneurial relationship between the two agencies with less emphasis on support and more emphasis on product delivery. D I A M O N DB A R CHAMBER OF COMMERCE Linda Lowry City Manager City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 June 3, 2002 Dear Ms. Lowry, The Diamond Bar Chamber of Commerce is pleased to submit our proposal folr services to be provided for the next fiscal year. We have enjoyed a closer working relationship with the City during the last year and feel both organizations have benefited from the relationship. We have included a review of a portion of our work last year. This proposal doos not add any new items to the contract. The map is every two years and was la t printed in 2000. The VIEWICITY-NEWS contract is for the same amount per issue and for a greater number of issues. If there are any questions on the proposal we would be happy to discuss them with you or your designee. If there are additional services that you, your staff or the City Council would like us to provide you need only ask for a full proposal. Again, thank you for allowing us to provide services to the City of Diamond Bari last year and we look forward to working with the City for the next year. Best regards, 6=Az--rte Jeff Koontz Executive Director Diamond Bar Chamber of Commerce 21845 E. Copley Dr., Ste. 1170, Diamond Bar, CA 91765 909-860-1904 - FAX 909-860-6064 info@diamondbarchamber.com - www.diamondbarchamber.com YEAR IN REVIEW 2001 The past contract year has seen a very active year with a greater amount of cooperative programs with the City and the Chamber. We look forward to joint ventures between the City and Chamber to continue next year and to increase in value to the City, its businesses and residents. The contract was divided into two sections for this period, promotional support services and the VIEW. The pricing for the two areas were 69°% for the VIEW and 31 °% for the promotional support portion. The VIEW newspaper, now known as the VIEW -CITY NEWS, was first produced in October 2001. The paper has been well received by the residents. By mailing the newspaper to all homes and businesses the information the City wishes to distribute is in fact getting into the home. The qwerky "upside-down" front pagJs have given us a distinctive look. Based on the coupons being used at the Farmers' Market (approximately 100 each week) we feel the newspaper is bei6g opened and read by our residents. We look forward to continuing to publish the VIEW -CITY NEWS and expanding our services to the City in its outreach to its residents. The promotional support services are partially covered by the VIEW -CITY NEWTS for the distribution of information. Additionally, we have continued to develop the new resident package and provided our material to the City Marketing department to reformat for use with the new city stationery. To improve on the process for mailing the information we are anticipating the purchase of a data base to provide information regarding new residents. j The Candidates Forum was again held in October 2001 for the City Council ra�. The League of Women Voters of Claremont were our moderators. We participated in the City Birthday Celebration with our Business Showcase and the Casino Night. Attendance was great this year and the Business Showcase appeared to have more activity than last year. The area that received the most effort this past year was the business visitatio s. A joint effort of the City and Chamber to visit all the businesses located in retai centers throughout the City. Over a six month period we were able to complet our goal of visiting each retail center and updating information on each busine s. The information obtained at each retail center was presented in a written repo for each retail center. Other events held this past year included the Mayors' Breakfast, our quarterly International Networking Breakfasts, and participation as a food vendor at Concerts in the Park. Our biggest impact has been the opening of the Farmers Market in April 2002. CONTRACT PROPOSAL 2002 GENERAL SERVICES $24,000 Providing information to residents, visitors and inquirers via telephone, fax, e-mail and regular mail. CITY MAP $ 2.500 Includes a full panel on the map. PUBLISHING $74,000 Page layout, printing and mailing of a monthly publication. On a quarterly basis include the Recreation Guide in the VIEW/CITY-NEWS. OTHER PROGRAMS THAT COULD BE CONTRACTED WITH THE CHAMBER Printing of the Recreation Guide Establishing a Public Safety Database Establishing a Business Registry Program Presented by the Diamond Bar Chamber of Commerce. r CITY COUNCIL Agenda # 8.1 b Meeting Date: June 18, 2002 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage TITLE: Consideration of: A. Resolution No. 2002 -XX, setting forth personnel rules and regulations nd rescinding Resolution No. 2002 -XX and; B. Resolution No. 2002 -XX, establishing salary ranges and rates for all cl sses of employment. t RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2002 -XX, setting forth perso nel rules and regulations (Rules Resolution) and Resolution No. 2002 -XX, establishing job classifica ions and salary schedules (Salary Resolution). FINANCIAL IMPACT: The financial implication to the City for the proposed personnel changes, including benefit enhancements, a 2.5% cost of living adjustment (COLA), job classification changes and th elimination and creation of positions have been incorporated into the FY 02-03 Municipal B dget. Below is a breakdown of the cost for the proposed benefit enhancements and the personn I classification and position changes. These changes are further described in the background/discussion section of this report. Benefit Enhancements: Annual Cost Executive Management Auto Allowance $10,800 $25/month increase to health benefit allotment $14,700 Short-term/Long-Term Disability Insurance $14,640 Employee Assistance Program $ 1,000 Administrative Leave $ 0 Personnel Classification and Position Changes 074) Staff Report: Rules & Salary Resolutions Page 2 BACKGROUNDIDISCUSSION: The proposed FY 02-03 Municipal Budget was presented to the City Council at the Study $ession held on June 4, 2002. Incorporated into the budget were proposed personnel changes which make it necessary to amend the Rules Resolution and Salary Resolution. The personnel changes reflected in the proposed budget that affect the Rules Resolution include an Executive Management auto allowance of $150 per month, a $25 increase to the monthly health benefit allotment, provision to provide short-term/long-term disability (STD/LTD) insurance nd an employee assistance program (EAP), and an increase to the number of administrative leave hours. Additional amendments to the Rules Resolution have been made for clarification purposes These include adding language to define Executive Management employees as at -will positions and an increase of the annual maximum number of vacation and sick leave hours. The proposed iphanges that affect the Salary Resolution include a COLA of 2.5% for all positions, job classification !changes for five positions and the elimination and creation of positions. Summary of Changes in the Rules Resolution (Attachment A) Job Classifications This section has been amended for clarification purposes to refer to positions as job classif cation ranges rather than "positions numbered." Additional language was added to further define xecutive Management positions as being subject to termination "with or without cause, at any time, t the will of the City, in its sole discretion." Vehicle Use This section has been amended to provide a $150 per month auto allowance to Executive Management staff. Executive Management staff using their own vehicles for City business reduces the use of the City's pool cars making them more available to other staff. Health Benefit Allotment This section has been amended to increase the monthly health benefit allotment by $25. At its April 17, 2002 meeting, the CaiPERS Board approved increases to the health plans r�sulting in an average increase of 25% for HMO plans and 20% for PPO plans. The increase to the onthly health insurance benefit allotment should help offset some of those increases. Health and Benefit Options This section has been amended to further define each of the benefit options available to eli ible employees. Reference to the City's 401(A) deferred compensation plan has been deleted si ce this option is not currently available to employees. In FY 02-03 an STD/LTD and EAP will beco e available. These two plans are further described below. STD/LTD —On August 1, 1989, Resolution No. 89-68, which set forth the personnel r les and regulations, was adopted. Section 6 of the resolution stated that "All full-time employees are eligible to receive group health, dental, deferred compensation, life, unemployment ir surance and long-term disability insurance..." To date, the personnel rules and regulations co tinue to make reference to disability insurance, however, there is no such plan available to the employees. Staff Report: Rules & Salary Resolutions Page 3 This benefit provides income replacement for designated officials and full-time and regular part-time employees in the event of a covered disability. Income replacement is 60% of salary up to a maximum of $1500 per week. This benefit will become effective July 1, 200'x. EMPLOYEE ASSISTANCE PROGRAM — This benefit provides designated officials and full- time and regular part-time employees with face-to-face assessment, treatment and follow-up to help resolve a broad range of personal, work, and family problems. The program pr vides a 5- session treatment with professional counselors for early intervention and treatment. This benefit will become effective August 1, 2002. Vacation This section has been amended to increase the maximum accrual from 160 hours to 240 h urs and deletes contradictory language that allows for accrual beyond the maximum accrual limit a well is the option for vacation pay out. Once an employee reaches the maximum accrual limit of40 hours no further vacation will accrue until the hours are reduced. The accrual rates will remain th same therefore there is no cost for this amendment. Sick Leave This section has been amended to increase the maximum annual sick leave accrual from 160 hours to 200 hours. In addition, contradictory language, which prohibits further accrual once the maximum is reached, is deleted since sick leave accrual in excess of the maximum accrual is reduced to the maximum accrual through an annual pay out each December at a rate of one-half the empl yee's rate of pay. Increasing the maximum accrual to 200 hours allows employees to accrue eno gh sick leave usage in the event of a covered disability which would require a 15 -day elimination p riod under the STD/LTD plan. The accrual rate per pay period will remain the same therefore there is o cost for this amendment. Administrative Leave This section is being amended to increase the number of Administrative Leave hours from 6 to 18 hours per fiscal year for exempt employees and from 16 to 36 hours per fiscal year for Executive Management employees. Administrative Leave is provided as a compensation for exempt nd Executive Management employees who do not receive overtime pay and are customarily required to work over and above 40 hours per work week. Summary of Changes in the Salary Schedule Resolution (Attachment B) The proposed personnel changes that affect the Salary Resolution include a COLA adjustor nt of 2.5% for all full-time and part-time positions and classification and position changes. The s lary schedules which become effective the pay period commencing July 1, 2002 have been adj sted accordingly to reflect the COLA. Staff Report: Rules & Salary Resolutions Page 4 Classification and Position Changes An evaluation of several positions was conducted and as a result the salaries for the following positions have been modified as reflected in the table below: • Assistant City Clerk • Executive Assistant • Assistant to City Manager • Community Services Director • Finance Director I The proposed budget also includes a reorganization of the Community Services Division. he reorganization proposes the elimination of the Recreation Superintendent, Management A alyst, and two Recreation Specialist positions and creates a Senior Management Analyst and two Re reation Supervisor positions. In addition, two part-time Community Services Coordinator positions ill become full-time non-exempt Community Services Coordinators. Also reflected in the list of authorized positions is the elimination of the Development Servi es Assistant position and the creation of a Senior Neighborhood Improvement Officer position in the Community and Development Services Department. The table below reflects the classification and position changes for FY 02-03. The net effe�t of these changes results in a personnel salary savings of $22,074. Job Title Chan a Annual Increase Decrease Classification Range Changes: Assistant City Clerk increase $ 3,331 Executive Assistant increase $ 3,516 Assistant to City Manager increase NIA - Not budgeted Community Services Director increase $ 7,459 Finance Director increase $ 7,381 Senior Neighborhood Imp. Officer New $ 73,842 Recreation Supervisor 2 New $128,426 Senior Management Analyst New $ 73,534 Community Services Coordinator Full-time New $ 96,828 Community Services Coordinator Part-time Eliminate ( $72,621) Recreation Specialist Eliminate $126,347 Management Analyst Eliminate $ 65,105 Recreation Superintendent Eliminate $ 82,591 Development Services Specialist Eliminate $ 69,727 TOTAL BUDGET IMPACT ($22,074) Staff Report: Rules & Salary Resolutions Page 5 The changes incorporated into the Rules Resolution and Salary Resolution become effective as of July 1, 2002. PREPARED BY: Teresa Arevalo, Senior Management Analyst REVIEWED BY: David Doyle Linda Magnuson Deputy City Manager Finance Director Attachment A: Rules Resolution amending Resolution No. 2001-43 with changes in highli hted text for additions and strikethrough text for deletions to the appropriate sections Attachment B: Salary Resolution establishing salary ranges and rates. Attachment A RESOLUTION NO. 2002 - RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS EFFECTIVE JULY 1, 2002; RESCINDING RESOLUTION NO. 2002-28 IN ITS ENTIRETY. THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES, ORDERS, AND DETERMINES AS FOLLOWS: WHEREAS, as the rules and regulations do not create any contract of employment, express or implied, or any rights in the nature of a contract; WHEREAS, the purpose of the rules and regulations is to communicate to employees fhe benefits, policies and requirements of the job, as well as provide guidance to supervisors in the administ ation of the personnel system, WHEREAS, the City Council has determined that it is necessary to the efficient o eration and management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of absences, and other regulations for the officers and employees of the City; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar[ California, as follows: SECTION 1. COMPREHENSIVE JOB CLASSIFICATION AND SALARY SCHEDULES Pursuant to Ordinance 21 (1989), a comprehensive job classification and salary schedule for authorized full- time and part-time positions shall be established upon adoption of a resolution by the City Council. SECTION 2. JOB CLASSIFICATIONS For the purposes of the City's Personnel System, each position title shall correspond to a job classification number as reflected in the job classification and salary resolution. A. Hourly Non-bencfited Positions 100-899. These positions are classified and referenced as either seasonal or intermittent part-time. 1. Seasonal Part-time — a seasonal position is a position that is utilized up to 40 hours pe week on a seasonal or partial year basis, but not more than 1000 hours per year 2. Intermittent Part-time — an intermittent position is a position that is utilized an average of 19 %2 hours or less per week and no more than 1000 hours per calendar year. B. Hourly Benefited Positions — ,h 10 Positions ,,,,w,,, o.aa 900-999. These positions are classified and referenced as regular part-time, A regular part-time p6ition is ; position that is utilized twelve (12) months per year and works an average of 20 or more hour per week Rules Resolution Page 2 on a year-round basis. Benefits for regular part-time employees shall be the same as provided for non- exempt full-time employees on a pro -rated basis. C. Full-time Non- Exempt Positions — 1000-1599. Positions in job classifications wed 1000-1599 are subject to the Fair Labor Standards Act (FLSA) overtime requirements. D. Full-time Exempt Positions — Positions numbered 1600-1999. The City of Diamond Bar has determined that various executive, administrative and professional employees are exempt from the overtime requirements of the FLSA. Employees in the job classifications ' J number -e 1600 and above are considered exempt. E. Executive Management Positions — ,� 20 0-3999 are Executive Management jositions which are also classified as exempt. SECTION 3. ADVANCEMENT WITHIN THE SALARY SCHEDULE A. New full-time and regular part-time employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one-year probation period At the end of six months, the employee will be given a performance evaluation and shall be eligible for the next step. Every year thereafter, employees shall be given a performance evaluation and shall move to each successive step, so long as the employee's performance is satisfactory or above. B. Intermittent and seasonal part-time employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one-year probation period. At the end of six months, the employee will be given a performance evaluation. In order to receive a step increase, a part-time employee must complete one year of service and worked a minimum of 500 hours. C. An employee that has received a one-year evaluation and has reached the top step n their job classification shall be moved to a July 1 annual evaluation date. D. An employee shall receive their annual step increase on time regardless of supervisor's cofmpletion of timely evaluation. ii SECTION 4. PROBATION The probationary period shall be regarded as a part of the testing process and shall be utilize for closely observing the employee's work to determine the employee's fitness for the position. A. In an effort to monitor newly hired employees, the probation period for newly hired employees is one year of actual and continuous service. Periods of time on paid or unpaid leave exceeding five (5) days (consecutive or not) shall automatically extend the probationary period by that number of days the employee is on leave. B. If it is determined that the probationary should be extended, the probationary employee sh 111 be given notice in writingprior to the p expiration of the original probationary period. Rules Resolution Page 3 C. During the probationary period an employee may be rejected at any time without cause and without the right of appeal. SECTION 5.V=1Qt%=J0 MILEAGE REIMBURSEMENT A. Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service. Payments shall be based upon the most direct route to and from the destination, and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. SECTION 6 -7. �, 13 ' E BENEFIT ALLOTMENT A. Members of the City Council, iland employees defined as fiM receive an additional $30.00 per month to be applied as described in Section 2 6. Rules Resolution Page4 SECTION# 6. HEALTH, DENTAL, VISION, L DEFERRED ■ 1 / 1 ■ LONG 1 DISABILITY l UNEMPLOYMENT- A. All designated officials, full-time employees and designated regular part-time employees NORM NEWERMWNWrAware eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and employee assistance program. within the City's group insurance carrier(s). The administrative cost and premiums are paid) as described Rules Resolution Page 5 SECTION 8. STATUS OF EMPLOYMENT All employees serve under the City Manager, pursuant to Government Code Section 34856. Per Government Code Section 36506, nothing in these rules and regulations shall be construed to provide employees with any tenure or property interest in employment. SECTION 9. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED COMPENSATION The City of Diamond Bar shall pay the employee contribution of said employee salary Public Employees' Retirement System (PERS) as deferred income. SECTION 10. PAY PERIODS The compensation due to all officers and employees of the City shall be paid on a bi- SECTION 11. PAY DAYS Warrants, checks or electronic transfers in the payment of compensation shall be made ava City to employees and officers of the City on the Friday succeeding the close of any given pay p event that pay day falls on a holiday, all warrants, electronic transfers or checks in payment of c shall be made available to the City employee on the last work day preceding the holiday. SECTION 12. WORKING HOURS AND OVERTIME A. Nine (9) hours Monday through Thursday and eight (8) hours on Friday, exclusive of lunch constitute a day's work for all full time employees participating in the 9/80 flex plan, participating in the 9/80 -flex plan will work 80 hours in a nine -day period. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time participating in the traditional eight- (8) hour work schedule. to the State basis. le by the d. In an period, shall Employees B. The official work week of the City of Diamond Bar shall be Monday through Thursday, 7:30 a.m. to 5:30 p.m., and Friday, 7:30 a.m. to 4:30 p.m. It shall be the duty of each Department Head to arrange the work of their Department so that each employee therein shall not work more than five days in each calendar week. The City Manager may require an employee to temporarily perform service in excess of five (5) days per week when public necessity or convenience so requires. 1. The work period will be begin at 12:01 p.m. on Friday and end the following Fridaya noon for all full-time employees on a traditional schedule and all full-time employees scheduled o be off on Fridays in accordance with the 9/80 work schedule. 2. The work period will begin at 12:01 p.m. on Monday and end the following Monday a� 12 noon for all full-time employees scheduled to be off on Mondays in accordance with the 9/80 schedule. Rules Resolution Page 6 C. Whenever an employee, other than an exempt employee, shall be required to work overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 1/2) times the regular rate of pay, provided they have completed full 40 hour work week.: D. Any full time employee, other than an exempt, who is required to work on an observed holiday beyond the regular 40 hour work week, shall be entitled to pay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour work week. E. Hourly and non-exempt employees are prohibited from working overtime without express luthorization from the City Manager. F. There is nothing contained within this Section to exclude the City from implementing a 4-10 or traditional Plan at their option. SECTION 13. ANNUAL VACATION The purpose of annual vacation leave is to enable each eligible employee annually to return to his' or her work mentally and physically refreshed. All eligible employees shall be entitled to annual vacation leav, with pay as follows: A. A full time employee, pursuant to the below schedule, shall be entitled to a vacation, to be a�crued at the appropriate hours per pay period. Regular part-time employees are eligible for vacation a� a pro -rated accrual rate based upon hours scheduled to work. YEARS OF SERVICE ANNUALVACATION ACCRUAL 1 -5 80 hours 3.08 hours per pay period 6-10 120 hours 4.62 hours per pay period 11 & up 160 hours 6.15 hours per pay period B. Vacation time may be accumulated to a maximum of 160 hours. Once the ' 160 he maximum accumulation is exceeded, no further vacation leave shall accrue until the emplo ee reduces the accumulation below the maximum. The City Manager- may approve vacation time­ae(ufflulations submitted in wfiting to the City Maffagef. i C. The total vacation allowance shall be computed to the nearest whole day based upon the number of full months of City service. D. In the event one or more observed holidays follow accumulated vacation leave, such days hall not be charged as vacation leave and the vacation leave shall be extended accordingly for those 1I employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon due re and to the needs of the employee's services and the work schedule. Rules Resolution Page 7 91. M-21 a a�nl� » f a e ®c akti e G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council. H. Employees who terminate shall be paid the salary equivalent to all accrued and accumulated vacation. I. All vacation requests shall be made at least ten (10) days in advance and employee's supervisor and City Manager must give prior approval. J. If an employee does not request time off in advance and simply does not show up for w rk, the City Manager may deny the use of vacation time or other benefit for the time off, and said employee is subject to disciplinary action including discharge. K. Exempt employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of full-time service. SECTION 14. SICK LEAVE A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period. Regular part-time employees are eligible for sick leave and receive a pro -rated accrual rate, based upon hours scheduled to work. B. Employees are eligible to use sick leave, as it is accrued and/or accumulated. C. Absence or illness may not be charged to sick leave if not already accrued and/or D. Each full time employee shall be paid annually for all accrued sick leave in excess of th maximum allowable accumulation of ; at a rate of one-half the employee's current age at the time of payment. Said payment is to be made during the month of December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or dependent family members, as determined by the City Manager. In order to receive sick leaOe with pay, the employee shall notify the supervisor or Department Head prior to or within two (2) hors after the time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate or a Personal Affidavit. F. Sick leave shall not accrue to any employee for any month in which that employee is on "paid leave and does not work a minimum of 80 hours in any one month. F. If an employee does not show up for work and does not call in within two hours, the City Mager may deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary a tion. Rules Resolution Page 8 H. Except as otherwise required by law, employees using all accumulated sick leave may be deemed to have abandoned their employment. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (1/2) of the employee's current rate of pay at his/her date of termination. Sick leave to attend to the illness of a child, parent, or spouse of the employee (pursuant to California Labor Code Section 233). Use of sick leave for this purpose (as opposed to when Mused for an employee's own illness), shall be limited to half the yearly sick leave entitlement in any one (1) year period. The amount of leave available is limited to what the employee accrued prior to 4tilizing sick leave for this purpose. Additionally, sick leave taken for this purpose shall be allowed onl' in the case of necessity of and actual illness of an employee's child, parent, or spouse as determine by the City Manager. In order to receive sick leave with pay for this purpose, the employee sha I notify the Department Head prior to or within (2 hours after the start of the employee's scheduled wo k shift. The City Manager may, if he/she deems necessary, require the employee to file a Physician' Certificate (regarding the illness of the employee's child, parent or spouse) or an Affidavit stating he cause of absence. Use of sick leave under this section shall not extend the maximum period of leave to which an employee is entitled under Family and Medical Leave (Section 16). SECTION 15. FAMILY AND MEDICAL LEAVE The family and medical leave policy complies with the California Government Code, Sec ions 12945, 12945.2, and 19702.3, and the federal Family and Medical Leave Act of 1993. California law 4hall prevail unless preempted by federal law. Copies of the state and federal acts are available in the Personnel Department. Following is a Summary of pertinent sections. 1 A. The family and medical leave allows for an eligible employee to take twelve (12) weeks 4leave in a twelve (12) month period for the birth, adoption, or foster care of a child; the serious health �ondition of the employee's child, parent or spouse; or the employee's own serious health condition. B. During the twelve (12) week period, paid leave may be charged to accrued benefit time such Os vacation, administrative leave and floating holidays, at the employee's request during the family and medical leave period as long as the total time off does not exceed twelve (12) weeks in a twelve 12) month period. In addition, accrued sick leave may be used at the employee's request, in acco ance with Section 15. If the employee has extinguished their benefit leave and accrued leave balance, but have a balance in their FMLA, they are still eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or vacation). C. Health insurance benefits shall continue for the duration of the family and medical leave under the same conditions as if the employee had continued employment. If the employee fails to return to i work after the period of leave to which the employee is entitled has expired, the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage. D. To be eligible for family and medical leave, the employee must be employed by the City or Diamond Bar for at least 12 months and has worked at least 1,250 hours over the previous 12 -month period for the City of Diamond Bar. Rules Resolution Page 9 E. The City will use a rolling 12 -month period measured backward from the date the employee uses FMLA. F. The City Manager may, if he/she deems necessary, required the employee to file a Physicians Certificate or Personal Affidavit stating the cause of absence. G. When a husband and wife are both employed by the City of Diamond Bar, they are limited to a total of 12 weeks collectively for family leave during the 12 -month period. H. Employee will be reinstated to the same position of employment held when the employee's leave commenced; or reinstated to an equivalent position with equivalent employment benefits, p�y, and other terms and conditions of employment, unless position ceased to exist for reasons unrelated to4he leave. SECTION 16. PREGNANCY DISABILITY LEAVE In compliance with California law, the following section has been added. Separate from F LA, when an employee is pregnant, they are eligible for six weeks of leave for a normal childbirth and up o 16 weeks when there is certification by a physician that there is a disability or related medical conditio due to the pregnancy. A. During the Pregnancy Disability Leave Time, paid leave may be charged to accrued benefitlime such as vacation, administrative leave and floating holidays, at the employee's request. In addition, liccrued sick leave may be used at the employee's request, in accordance with Section 15. If the employee has extinguished their benefit leave and accrued leave balance, but have a balance in their PDL, they are still eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or vjacation). B. Health insurance benefits shall continue for the duration of the Pregnancy Disability Lea under the same conditions as if the employee had continued employment. If the employee fails to ret rn to work after the period of leave to which the employee is entitled has expired; the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage. C. The City Manager may require the employee to file a physician's certificate or personal affidavit if the leave is to be for more than a six-week period. SECTION 17. BEREAVEMENT LEAVE When circumstances are such and the City Manager determines that conditions warrant, three (3) paid bereavement leave days may be granted in the event of death of a relative of a full-time employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters, grandparents, grandchildren, ha�f-brothers, half-sisters, aunts, uncles, to the City employee or as may be approved by the City Manager. I SECTION 18. UNAUTHORIZED LEAVE If an employee does not show up for work for three consecutive work days without not#ifying said employee's supervisor or Department Head, said employee shall be considered to have voluntarily (terminated employment with the City. Rules Resolution Page 10 SECTION 19. ON-THE-JOB INJURY Whenever a person is compelled to be absent from employment with the City on account of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that employee's regular salary as it relates to an on-t�c job injury and if not covered by Workers' Compensation. SECTION 20. JURY DUTY If a full-time employee is called for jury duty, such person shall receive regular pay while actually performing jury service, however, any amount received by such employee as payment for services #s juror shall be reimbursed to the City. All mileage paid to the employee, as a juror shall not be conth ered as a reimbursable item to the City. Regular part-time employees who are eligible for jury duty receives as a pro- rated accrual rate based upon hours scheduled to work. SECTION 21. ATTENDANCE Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Departments shall keep attendance records of all employees. Abs6ce of any employee without leave may result in possible disciplinary action, including discharge. SECTION 22. HOLIDAYS A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays hich fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed�days. B. The City of Diamond Bar's observed paid holidays are as follows: I. New Year's Day (January 1) 2. President's Day (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Sixteen (16) Floating Holiday Hours C. If an observed holiday falls on a nine (9) hour work day under the 9/80 work schedule, those! employees on the 9/80 schedule shall receive nine (9) hours of holiday pay and those employees on a' traditional work schedule shall receive eight hours of holiday pay. Rules Resolution Page 11 D, If an observed holiday falls on an eight (8) hour work day under the 9/80 work schedule, those employees on the 9/80 schedule shall be receive eight (8) hours of holiday pay and those employees on the traditional work schedule shall receive eight (8) hours of holiday pay. SECTION 23. FLOATING HOLIDAY HOURS A. Each full time employee is allowed sixteen (lb) hours per calendar year, January through December. Regular part-time employees are allowed prorated floating holiday hours per calendar } ear, January through December based upon hours scheduled to work. B. Floating Holiday hours are not cumulative and must be used during the above period or said employee will lose the allocated hours. C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department Head. D. An employee is eligible to use floating holiday hours as they are accrued. E. Floating Holiday hours may be used in lieu of sick leave only if all other benefit time has been exhausted. SECTION 24. TRAINING PLAN The City Manager and employees of the City are eligible to request specialized training in, the form of symposiums, special courses, forums, etc., at the City's expense. SECTION 25. LEAVE OF ABSENCE Leave of absence without pay may only be granted by the City Manager and shall not exceed one year, except as otherwise prescribed by law. SECTION 26. RESIGNATION An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation. Failure to give such notice shall mean the employee did not terminate in good standing, unless y reason of hardship and upon that employee's request, the City Manager has waived the two-week notice requir ment. SECTION 27. ANTI -NEPOTISM PROVISION A. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council Members; 2. Standing Board and Commission members; 3. Management Team Members of the City; 5. Employees of the City Manager's Department; or b. Employees of the Personnel Department. Rules Resolution Page 12 B. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority; 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or morale, an employer may refuse t place both spouses in the same department, division, or facility if the work involves potential conflicts f interest or other hazards greater for married couples than other persons. E. "Relative" means child, stepchild, parent, grandparent, grandchild, brother, sister, half -other, half- sister, alf sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in-law, or anoth r individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to the G. For business reasons, these sections shall be enforced to address the marriage of employees in the City's employment, within six (6) months of said marriage. H. Exceptions to this section may be made by the City Manager in unusual circumstance where the concerns addressed by this policy are not implicated. Any appeal of the enforcement of this ection shall be in accordance to the City's grievance procedures. SECTION 28. NON-DISCRIMINATION The City of Diamond Bar does hereby affirm to adopt and support a policy of non-discrimnation with regard to all phases of personnel recruitment, selection and appointment. The City further declare that it will not exclude from participation in, deny the benefits to, or subject to discrimination any person on the basis of race, color, sex, religious affiliation, national origin, age or disability, thereby affirming the City f Diamond Bar's posture as an equal opportunity employer. j SECTION 29. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES It is the intent of the City to offer fair and equitable appeals procedures for employee's evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance B. The employee may respond in writing to the contents of the evaluation. The employee must submit this response to the Department Head within five (5) working days immediately following re�eipt of the evaluation. C. The Department Head, as the reviewing official, shall respond in writing to the employee within five (5) working days. This response becomes an official part of the evaluation. Rules Resolution Page 13 D. If the Department Head does not respond or if the employee chooses to continue to appeal following the response from the reviewing official, the employee must submit an additional written response to the Personnel Officer within five (5) working days after receipt of the reviewing official's response. E. The Personnel Officer shall review the evaluation appeal within five (5) days with the employee, supervisor and Department Head. Every effort will be made at this level to resolve the appeal. If the Personnel Officer and City Manager are the same, the appeal shall proceed directly to the City Manager. If the Personnel Officer and City Manager are the same, the appeal shall proceed directly to the City Manager. F. If the matter is not settled, a written appeal may be submitted to the City Manager by te employee within five (5) working days following the decision rendered in writing by the Personnel Of leer. G. The City Manager shall review the appeal with the employee, supervisor, Departme t --Head and Personnel Officer. The decision shall be rendered in writing within fifteen (15) working days by the City Manager, and the decision of the City Manager shall be final. SECTION 30. POST OFFER PHYSICAL EXAMS As a condition of an offer of City employment must successfully pass a post -offer hysical and substance abuse exams and are subject to fingerprintingand a back background investigation. The candidates being J Sr g g considered for employment will be sent to a City authorized physician at the City's expense. SECTION 31. EMERGENCY CALL -OUT POLICY The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee or part-time, other than an exempt employee, is called out for a City emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time it takes to rectify the problem. B. The employee shall be paid overtime per Section 12. SECTION 32. ADMINISTRATIVE LEAVE are allowed sixteen of administrative leave per fiscal year.��! I I`€li4T1i;114�fi811f1NlilEil ��14 Additional days of leave may be authorized by the City Manager, based on the number of7t7h7osothWe individual works over and above 40 hours per work week. Administrative leave may not be accumulated and carried over to the following year. It must be used by June 30 of each fiscal year. Leave may be granted in hourly increments. Requests shall be submitted to employee's immediate supervisor for approval, then forwarded to the City Manager for approval. Administratijve leave will be authorized at the convenience of the City and the work schedule. SECTION 33. MEDICARE Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired afl�r March 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City will match the 1.45 percent as mandated by law. Rules Resolution Page 14 SECTION 34. IMMIGRATION REFORM AND CONTROL ACT OF 1986 In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation. SECTION 35. EXTENDED BENEFITS -- COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of em loyees who die, become disabled or are divorced. Employees become eligible for continued coverage upon t ination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduc ion in hours worked. For these employees and their dependents, continued coverage is available for the time pe 'od set forth by law, at their expense. SECTION 36. TUITION REIMBURSEMENT Subject to Council fiscal year budget authorization, each full-time and regular part-time (o a pro -rated basis) employee shall be entitled to reimbursement in the amount of $500 per fiscal year, for col ege-level or university -level educational courses (including tuition and related books), which have been appr ved by the Personnel Officer or his/her designate as being job-related and of value to the City. Reimburseme t under this Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or i those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit' grade and submittal of a receipt for registration bearing the name of the course, for which reimbursem nt is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, co rse reading list or course outline showing the book as being required for the course, plus a receipt bearing th title of the book shall be submitted. SECTION 37. PART TIME EMPLOYEES' RETIREMENT Effective July 1, 1991, intermittent and seasonal part-time employees will be covered by 4retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wags up to the maximum provided by law. The employer's tax rate is the same. Election workers and emergency orkers are excepted from coverage, under this section. Regular part-time employees are covered under the tate Public Employees' Retirement System (PERS). SECTION 38. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence, or w rk of this Resolution be rendered or declared invalid by any final Court action in a court of competent jurisdi tion, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, an words of this Resolution shall remain in full force and effect. SECTION 39. Resolution No. 2002-28 is hereby repealed in its entirety. r ADOPTED AND APPROVED THIS day of , 2002 Wen P. Chang, Mayor Rules Resolution Pagel5 Rules Resolution Page 16 I> LYNDA BURGESS City Clerk of the City of Diamond Bar, do hereby certify that the foregoing g Resolution was passed, approved and adopted at a meeting of the City Council of the City of Diamond Bar held on the day of , 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar Attachment B Resolution No. 2002 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING SALARY RANGES FOR ALL CLASSES OF EMPLOYMENT EFFECTIVE THE PAY PERIOD COMMENCING JULY 1, 2002; RESCINDING RESOLUTION NO. 2002-29 IN ITS ENTIRETY. WHEREAS, the City Council of the City of Diamond Bar has adopted the annual budget for fiscal year 2002- 2003; WHEREAS, the City Council of the City of Diamond Bar wishes to establish salary ranges for the i compensation of its employees, including cost of living adjustments and compliance with minimum wage requirements; WHEREAS, it is necessary to assign each position to a job classification number that reflects the v ous levels as either non-exempt full-time (Schedule A), exempt full-time (Schedule B, ) executive-managemet (Schedule C), non -benefited part-time (Schedule D) or benefited part-time (Schedule E); WHEREAS, it is necessary from time to time to establish comprehensive job classifications and saI ry schedules to fix the rate of compensation to be paid to employees of the City (Attachment 1: Schedules A-E). NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereb� repeal all previous salary resolutions and establishes salary ranges for full-time and part-time positions as foll ws: PASSED, ADOPTED AND APPROVED this day of , 2002. Wen P. Chang, Mayor j I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that thll foregoing Resolution was passed, adopted and approved at a regular meeting of the�City Council of the City of Diamond Bar held on the day of , 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST. Lynda Burgess, City Clerk City of Diamond Bar CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 2002-2003 Attachment 1 SCHEDULE A Full -Time Non -Exempt Positions (Job Classifications 1000-1599) RANGE JOB TITLE A B C D E G 1037 Office Assistant 11.79 12.38 13.00 13.65 14.34 ^' 15.05 15.81 943.5155 990.6912 1,040.2258 1,092.2371 1,146.8490 1,264.1914 1,264.4010 2,044.28 2,146.50 2,253.82 2,366.51 2,484.84 2`609.08 2,739.54 1141 Account Clerk ll Community Services Coordinator Office Assistant l! 1203 Parks Maintenance Worker it 1257 Administrative Assistant SeniorAccount Clerk 1365 Senior Administrative Assistant 1437 Assistant City Glerk Neighborhood Improvement Officer Ftesxeatign SpeWalist 1519 Management Information System (MIS) Technician 12.97 13.62 14.30 15.01 15.76 16.55 17.38 1,037.4287 1,089.3001 1,143.7651 1,200.9534 1,261.0010 1,3 4.0511 1,390.2536 2,247.76 2,360.15 2,478.16 2,602.07 2,732.17 2868.78 3,012.22 13.68 14.36 15.08 15.83 16.62 17.46 18.33 1,094.1753 1,148.8841 1,206.3283 1,266.6447 1,329.9769 1,3S6.4758 1,466.2996 2,370.71 2,489.25 2,613.71 2,744.40 2,881.62 3,025.70 3,176.98 14.29 15.01 15.76 16.54 17.37 18.24 19.15 1,143.3594 1,200,5274 1,260.5538 1,323.5815 1,389.7605 1,4 ,2486 1,532.2110 2,477.28 2,601.14 2,731.20 2,867.76 3,011.15 3,161.71 3,319.79 15.06 15.82 16.61 17.44 18.31 19.23 20.19 1,205.0880 1,265.3424 1,328.6096 1,395.0400 1,464.7920 1,53 .0316 1,614.9332 2,611,02 2,741.58 2,878.65 3,022.59 3,173,72 3,332.40 3,499.02 16.34 17.16 18.02 18.92 19.86 20.86 21.90 1,307.3454 1,372,7127 1,441.3483 1,513.4157 1,589.0865 1,66 .5408 1,751, 9678 2,832.58 2,974.21 3,122.92 3,279.07 3,443.02 3,315.17 3,795.93 17.27 18.14 19.04 19.99 20.99 22.04 23.15 1,381.7167 1,450.8025 1,523.3427 1,599.5098 1,679.4853 1,76 .4596 1,851.6325 2,993.72 3,143.41 3,300.58 3,465.60 3,638.88 3, 20.83 4,011.87 SCHEDULE B CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 2002-2003 Full -Time Exempt Positions (Job Classifications 1600-1999) RANGE JOB TITLE A 8 C D E F G 1635 Accountant Il 18.58 19.51 20.49 21.51 22.59 23.72 24.90 1,486.6555 1,560,9883 1,639.0377 1,720.9896 1,807.0391 1,897.3910 1,992.2606 Assistant Engineer 3,221.09 3,382.14 3,551.25 3,728.81 3,915.25 4,11.11.01 4,316.55 Assistant Planner Development Services Assistant Management Analyst Public Works_ Supervisor N e , NOWN04", I 1752 Senior Management Anal st "I 19.98 20.98 22.02 23.13 24.28 26.77 1,598.1545 1,678.0623 1,761.9654 1,850.0637 1,942:5668 2,039 2,141.6799 3,462.677 3,6�355.[8L0� 3,8�17.c5n9 4,00f8,4�7 4,2�0G8.89 L69652 4,4 4,6400,3311 4W Executive As5istanf 24-48 71rr-rc7v29 3,723-96 224% 3,910.05 � �nA2,3:69 894,9 99 4,105.65 24.7 1,999.6134 4,310:83 2444 2,089.0941 4,626. 2,415499 2&4 2,303.2263 4,990.32 1897 Communications & 21.57 22.65 23.78 24,97 26.22 7.53 28.90 Marketing Coordinator 1,725.4070 1,811.6773 1,902.2612 1,997.3743 2,097.2430 2,202.051 .2,312.2104 3,738.38 3,925.30 4,121.57 4,327.64 4,544.03 4,7 1.23 5,009.79 44,860.58 47,103.61 49,458.79 51,931.73 54,528.32 57,2 4.73 60,117.47 1935 Senior Accountant 21.57 22.65 23.78 24.97 26.22 7.53 28.90 Superintendent of 1,725.4070 1,811.6773 1,902.2612 1,997.3743 2,097.2430 2,202.051 2,312.2104 Parks/Maintenance 3,738.38 3,925.30 4,121.57 4,327.64 4,544.03 4,7 1.23 5,009.79 1987 Assistant to the City Manage 22.59 23.72 24.91 26.15 27.46 .83 30.27 Associate Planner 1,807.2290 1,897.5905 1,992.4700 2,092.0935 2,196.6982 2,306, 331 2,421.8598 Associate Engineer 3,915.66 4,111.45 4,317.02 4,532.87 4,759.51 4,99 .49 5,247.36 1990 Senior Engineer 24.28 25,50 26.77 28:11 29.52 3 .99 32:54 Senior Planner 1,942.7709 2,039.9094 2,141.9049 2,249.0002 2,361.4502 2,479. 227 2,603.4988 4,209.34 4,419.80 4,640.79 4,872.83 5,116.48 5,37 .30 5,640.91 1995 Public information Manager 26.22 27.53 28.90 30.35 31.86 3.46 35.13 2,097.2330 2,202.0947 2,312.1994 2,427.8094 2,549.1999 2,676. 598 2,810.4928 4,544.00 4,771,21 5,009.77 5,260.25 5,523.27 5,79 .43 6,089.40 i SCHEDULE C CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 2002-2003 Executive Management (Exempt) Positions (Job Classifications 2000-3999) RANGE JOB TITLE A B C D E F G 2319 e !1 ��`: 26,36 27.68 29.06 30.51 32.04 �' 33.64 35.32 City Clerk 2,108.7355 2,214.1723 2,324.8809 2,441,1249 2,563.1812 2,69 3402 2,825.9073 4,568.93 4,797.37 5,037.24 5,289.10 5,553.56 5, 31.24 6,122.80 2571 Community Services Dimate 29.23 30.69 32.22 33.83 35.53 37.30 39.17 Deputy PW Director 2,338.1976 2,455.1075 2,577.8629 2,706.7560 2,842.0938 2,98.1985 3,133.4084 Xn-an-ae 9ifestar 5,066.09 5,319.40 5,585.37 5,864.64 6,157.87 6,465.76 6,789.05 2985 City Eng/Public Works Director 33.94 35.63 37.42 39.29 41.25 43.31 45,48 Comm. Development Director 2,714.9297 2,850.6762 2,993.2100 3,142.8705 3,300.0141 3,4 .0148 3,638.2655 IMM -ME 5,882.35 6,176.47 6,485.29 6,809.55 7,150.03 7, 07,53 7,882.91 3172 Deputy City Manager 36.06 37.87 39.76 41.75 43.83 46.03 48.33 2,885.0476 3,029.3000 3,180.7650 3,339.8032 3,506.7934 3,68.1330 3,866.2397 6,250.94 6,563.48 6,891.66 7,236.24 7,598.05 7, 77.95 8,376.85 a ;' / SCHEDULE D RANGE JOB TITLE 515 Comm. Services Worker 537 Comm. Services Leader 1 753 Community Services Leader!! 7.27 Intern 8.02 Parks Maintenance Helper 775 Comm. Services Coordinator 800 Engineering Aide SCHEDULE E RANGE JOB TITLE 937 Comm. Services Loader/ 953 Community Services Leader 11 97-55 CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 2002-2003 PART-TIME HOURLY POSITIONS Part -Time Non -Benefited (Job Classifications 100-899) A B C D E F G 6.92 7.27 7.64 8.02 8.42.84 9.76 9.28 7.56 7.94 8.56 9.15 9.76 10.36 10.36 10.89 8.55 9.15 9.76 10.36 10.98 111.60 1 12.21 12.97 13.61 14.30 15.02 15.76 16.55 17.37 14.29 15.00 15.75 16.54 17.37 1 B.23 19.16 Part -Time Benefited Positions (Job Classifications 100-899) A B C D EF G 7.56 7.94 8.56 9.15 9.76 1 .36 10.89 8.55 9.15 9.76 10.36 10.98 1 .60 12.21 42:87 410 44-X 45:92 15.76 47-9 Resolution 2002-51 Page 4 — Revised Section 7, B.6 IWI- _ • Mjj,'q�iiiiuiiirmIWqF�W FED "LA A. All designated officials, full-time employees and designated regular part-time employees MMOM M N�� 8 �'. E are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and employee assistance program. within the City's group insurance carrier(s). The administrative cost and premiums are paid as described below . Eligible dependents of designated officials and full-time and part-time employees are eligible for ealth, dental and vision insurance. ffljjN Premiums for selected benefits that are not paid by the City are paid from the health benefit allotment to a maximum as described in Section 6. . ' �' 1. 2. 3. 4, 5. Al 7. Agenda # _ s - � _ 44 Meeting Date: June 18, 2002 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager, TITLE: Speed Hump Policy RECOMMENDATION: The Traffic and Transportation Commission Recommends that the City Council adopt the City of Diamond Bar Speed Hump Policy FINANCIAL IMPACT: The fiscal impact of this policy is unknown, as the impact will d pend on the number of speed humps constructed each fiscal year. The estimated cost of an asphalt speed hump is between $2,500.00 and $3,500.00 each. Depending on the number of requests f r speed humps, it may be necessary to develop a prioritization formula. BACKGROUND: Speed humps are generally requested as mitigation measures for speeding. In the past, the Traffic and Transportation Commission has looked into the use of speed humps and has recommended a "No Speed Hump" policy. Therefore, requests for the installation of speed humps have been denied. At the June 14, 2001, Traffic and Transportation Commission Meeting (Attachment "A"), the Commission received comments from residents of Navajo Springs Road, regarding speeding on Navajo Springs Road. They presented the Commission with a letter of concern, a neighborhood petition requesting the installation of speed humps, and reference material regarding speed humps. At the July 12, 2001, Traffic and Transportation Commission Meeting (Attachment "B"), staff presented a report on the existing conditions on Navajo Springs Road and Decorah Rod between Sunset Crossing Road and Platina Drive. In this report staff recommended the installation of warning signs and advisory speed plates prior to the hairpin curve. Staff also recommended that the Commission consider the installation of botts dots at various locations on Navajo Spring Road and Decorah Road or a pilot study/project using portable (preformed rubber) speed humps. The Commission concurred with staff's recommendation to install the warning signs and advisory speed plates, and requested staff to initiate a pilot study regarding the installation of portable sp ed humps in the Navajo Springs Road/Decorah Road area. At the August 9, 2001, Traffic and Transportation Commission Meeting (Attachmentl, "C"), staff presented a draft policy for portable speed humps. The Commission requested staff to work with the residents to obtain approval of area residents in support of the installation of portable speed humps. The Commission also concurred with staff to install temporary, portable speed humps for 4 sixty (60) day period on Navajo Springs Road and Decorah Road as a pilot study/project and bring back the results of the pilot study/project to the Commission for review and discussion after the end of the sixty _ (60) day period On November 5, 2001, staff met with representatives from the Diamond Point Club Homeowner's Association and residents from the area. The Homeowner's Association and the residents were in favor of the installation of the portable speed humps as part of a pilot study. The consensus was to install three speed humps in the neighborhood, and the three portable speed humps were; completed on November 21, 2001. Upon completing the pilot study/project a report with a draft speed hump policy was presented at the March Traffic and Transportation Commission Meeting (Attachment "D") and continued to the April meeting. At the April 11, 2002, Traffic and Transportation Commission Meeting (Attachment "E"), there were several comments received from the public regarding the draft speed hump policy. Also, the Commission requested the rationale that the various cities used in determining the crite is that they use in their speed hump policies and that another speed survey be performed to see f there has been any change in the speed of the traffic after a longer period of time. With all of the information updated, at the Commission Meeting of May 9, 2002 (Attachme presented a revised copy of the draft speed hump policy and additional informa Commission. The results of the additional speed survey indicated that there has i significant change since the speed survey sixty days after the speed humps had beE Although , there does appear to have been a slight increase in the average speeds a percentile speeds. It also indicated a reduction in the volume of traffic. This appears traffic diverting to other streets to avoid the speed humps. Two residents of Platina Drive the Commission that there had been an increase in the traffic on Platina since the install speed humps. DISCUSSION: What are Speed Humps? Speed humps are rounded raised areas placed across the road. They are typically consta asphalt (permanent) or by using preformed rubber segments (portable). Speed humps a 12 to 14 feet in length with a height of 3 to 4 inches. Speed humps are typically design vehicles can drive over them at 15 to 20 mph without causing driver discomfort. Vehicles speed humps at higher than the design speeds will result in the vehicle rocking and cagy discomfort, thus resulting in most vehicles slowing down at each speed hump. Do speed humps actually reduce speed? Do speed humps divert traffic to adjacentlabutting streets? it "F), staff ion to the got been a n installed. id the 85"' to be from ndicated to ation of the Prior to the installation of the portable speed humps, a speed survey was conducted in thre on Decorah Road and Navajo Springs Road. As shown on Exhibit "A", the locations of surveys were 23635 Decorah Road, 23502 Decorah Road/209 Navajo Springs Road and z Springs Road. A second speed survey was conducted after the speed humps had been in 60 day period and a third speed survey after 150 days. The locations of the second and t ;ted out of a typically J so most riven over ing driver a locations the speed 35 Navajo )lace for a iird speed surveys were the same as those of the first survey. A detailed summary of the results from the speed surveys is attached (Attachment "G"). Below is a summary of the 85th percentile speeds and the volume of traffic results from the speed surveys. Speed Survey Location *85,nPercentile Speed (mph) Volumes vehicles/da Before 60 Days After 150 Days After Before 60 Days After 150 Days After 435 Navajo Springs Road 32 27 27 1256 1033 1068 23502 Decorah Road/ 1 209 Navajo Springs Road 28 27 28 806 797 687 23635 Decorah Road 28 24 24 695 599 590 *The 85t' percentile speed is the speed which 85 percent of the observed vehicles This is generally considered to be a safe and prudent speed for the street and conaIUW1 P.. Based on the before and after speed surveys for this pilot project it would seem that see humps do reduce speed (especially in the immediate area of the speed humps). It also appear that there maybe a decrease in traffic volumes, indicating the traffic could be diverting to other streets, as residents of Platina Drive indicated at the May 9t" Traffic and Transportation Commission eeting . What is the speed humps' impact on persons who reside in the vicinity of the speed humps? There are a couple of ways in which the installation of speed humps can affect the resients in the vicinity of the speed humps. These include noise, vibration and availability of on -street parking. Noise levels can be changed in several ways by the installation of speed humps. T ere is the potential for an increase in the noise levels in the immediate area of the speed humps due to the deceleration/braking and acceleration of vehicles as they approach and depart the sp ed humps. There is also the potential for an increase in the noise level due to objects not secured insi a vehicles and from vehicles crossing the speed hump at too high a speed. There may also be a ecrease in noise, due to a potential decrease in the volume of traffic on the street. Vehicles traveling over speed humps can cause ground vibration. This vibration cluld affect residents and property adjacent to the speed humps. On -street parking does not have to be restricted next to the speed humps. However, residents may not want to park straddling the speed humps. Therefore, there is the potential to reduce thleavailable on -street parking adjacent to the speed humps. The City is only aware of one complaint regarding the noise, from a resident on Navajo Sp ings Road that lives adjacent to the portable speed hump. This resident is opposed to the installatio of speed humps and feels that they do not slow down the traffic. The City has not received any omplaints from residents that live adjacent to the speed humps regarding a decrease in the on -street parking in front of their homes. 3 _ What is the public's opinion regarding the installation of speed humps? As part of this portable speed hump pilot study, the City has worked closely with the residents in the area as well as the Diamond Point Club Homeowners Association. The initial petition submitted by the residents of Navajo Springs contained 30 signatures. As part of the process for this pilot study/project the City requested that the Homeowners Association and the residents to work together to obtain the necessary signatures from 67% of the residents that live on Navajo Springs Road and Decorah Road between Sunset Crossing road and Briar Creek Road. On March 6, 2002, the City received the results from a survey that was included in the Associations Newsletter for August — September 2001. Of the 178 properties located on Navajo Springs Road and Decorah Road between Sunset Crossing and Briar Creek Road, responses were recei ed from 54 properties, one of which was opposed to the speed humps. Therefore, 53 properties o 29.78% of the properties along Navajo Springs Road and Decorah Road responded in favor o the speed humps. Of the 25 properties located on other streets, 23 properties or 92% were in avor of the speed humps and only 2 opposed the speed humps. Although the required 67% in favor was not met earlier on Navajo Springs Road and De orate Road between Sunset Crossing and Briar Creek Road, the majority of those who responded tol this survey were in favor of the installation of speed humps. To date the Association has obtained 120 signatures or 67.42% in favor of speed humps from the residents on Navajo Springs Road and Decor h Road. At the Traffic and Transportation Meeting of May 9, 2002, two residents of Platina Prive spoke against the installation of the speed humps. They indicated that since the speed h mps were installed the volume of traffic on their street has increased and that people were using th it street to avoid the speed humps. What is the impact of speed humps on emergency -related services? Speed humps are designed to slow down traffic. This is also true for emergency related vehicles. The City has contacted the Los Angeles County Fire Department, the Los Angeles Cou ty Sheriff's Department, and the local ambulance service (Emergency Ambulance Service, Inc.), an requested their input regarding the installation of speed humps. Letters from the Los Angeles ounty Fire Department and the Los Angeles County Sheriff's Department are attached as Attachme is "H" and "I" respectively. The Fire Department does not recommend the installation of speed humps, however, are allowed under certain circumstances and conditions as indicated in Attachment "H". The Traffic and Transportation Commission reviewed a video tape of a fire engine drivi speed humps and did not feel that they caused a significant problem or delay. The Sheriff's Department has indicated that they do not have a written policy and do not use of speed humps. They also indicate that they were not able to document any negatil speed humps may have on their operations and emergency responses. The Sheriff's states that they do not generally promote the use of speed humps, as they feel the eff( speed humps decreases over time. 4 humps over the ject to the affect that epartment veness of Emergency Ambulance Service, Inc., has verbally indicated that they do not have any concerns with the installation of speed humps. The City has not yet received a letter from them. What is the financial impact to the City? The cost of each of the 28 foot portable speed humps including shipping and handling war, $4,228.00. The cost for the labor and materials for the installation of each speed hump, including the installation of warning signs and the painting of the speed humps was $1,035.25. The total cost for the purchase and complete installation of each portable speed hump was $5,263.25. It is estimated that the cost of installation for an asphalt speed hump would be approximately $2,500.00 to $3,500.00 each. Asphalt speed humps are more permanent and would be much more costly to remove if it became necessary. Asphalt speed humps could possibly cause a ougher ride and create more noise than the portable rubber speed humps. If a large number of speed humps are requested & warranted, a prioritization formula will need to be established to work within the limited resources. There are also other potential fiscal imacts to the City as indicated below. What other impacts could the installation of speed humps have on the City? One impact to the City would be the reduced effectiveness of the City's street sweepi g program. Street sweepers can not sweep over the speed humps. They must raise their equipm nt to drive over the speed humps and then lower the equipment on the other side of the speed ump. This leaves little piles of debris on both sides of the street at each speed hump. The City woul then have to send workers around to each speed hump on the street sweeping day to manually s 6 up the debris left by the street sweeper. This will not only cost the City more money, but will als decrease the productivity of the street sweepers. The City has just adopted a Resolution restricting parking on street sweeping days. This was done to improve the effectiveness of the street sweepi g program. The installation of speed humps will reduce the effectiveness of the street sweeping pr gram at a certain number of locations and will continue to decrease the effectiveness with eac additional speed hump that is installed. There is also a potential that the speed humps could cause an increase in vehicle emissions due to the deceleration and acceleration of the vehicles. The overall appearance of the neighborhoods could suffer depending on the number of sp ed humps placed in that neighborhood. What is the impact to the City with regard to liability? The question of liability has previously been addressed by the previous City Attorneys and Jhe current City Attorney has concurred with their opinions. The bottom line is the City will almost al s have some liability for anything which the City places within the roadway. If the City wants to in tall speed humps the City Engineer must formulate rules and regulations for their installation. This is ne reason for the adoption of a speed hump policy. SUMMARY: It appears that speed humps do slow down traffic if installed and spaced appropriately. They also appear to reduce the volume of traffic on the street. This could be due to traffic diverting to other streets in the area. It also appears that most residents are in favor of the use of speed humps. While there are benefits to the installation of speed hump there are also drawbacks. The drawbacks include such things as diversion of traffic to other residential streets, possible increase in noise levels and vibration in the area of the speed humps, interference with street sweeping operations, and increased liability exposure. Taking into consideration the benefits and drawbacks it is recommended that each speed hump request would be reviewed on a case by case basis, based on established criteria and procedures as contained in the attached speed hump policy. It is the recommendation of the Traffic and Transportation Commission and staff, that the �ity Council adopt the City of Diamond Bar Speed Hump Policy. PREPARED BY: Date Prepared: June 12, 20 2 Kirk Phillips Associate Engineer REVIEWED BY- Daviu Director of Public Works James DeStefano Deputy City Manager CITY OF DIAMOND BAR SPEED HUMP POLICY Tntrnrinvtinn 1.1 Speeding on local residential streets has been one of the most frequently mentioned -concerns expressed by residents and one of the most difficult and elusive problems confronting many cities in California. In the City of Diamond Bar oftentimes the problem is resolved by enforcement of the speed limits or by installing additional advisory and/or regulatory signs. 1.2 In addition, residents request the installation of some type of traffic control measure such as "speed bumps" or "speed humps" to address the speeding problem in their neighborhood. A speed bump is an abrupt pavement feature, three to four inches in height and one to three feet in length at the base. They are commonly installed on private roadways and shopping c 'iters but are not recommended for use on public streets. By comparison, a speed hump is appr ximately three inches in height and 12 to 14 feet in length at the base and therefore is much entler in configuration without the "jarring" effect of speed bumps. Only speed humps are eligible for consideration under this policy. 1.3 In an effort to address these concerns, staff and the Traffic and Transportation Commis ion have conducted extensive research on how other jurisdictions approach the issue of speeding on residential streets and have formulated this policy based on those findings and the Cit Council has adopted this policy. General Policy 2.1 Speed humps will only be considered as a last resort to control speeds on local residents 1 streets, once all other feasible measures/alternative actions have been taken and have proven in ffective. Local residential streets are defined below. 2.2 It is the policy of the City to require that the criteria set forth below are met prior to consideration for installing speed humps on any local residential street for the pu ose of controlling speed. 2.3 The City reserves the right to install, alter, or remove any or all speed humps in the fut re at its own discretion, based on a determination by the City Council that the action advance , public health, safety or welfare. Criteria for Installation of Speed Humps 3.1 Physical Criteria 1. Classification The street shall be classified a local residential street, as defined by the C lifomia Vehicle Code (CVC) Section 40802(b). I 2. Speed Limit The speed limit for the street shall not be greater than 25 mph. 3. Street Width The paved width of the street shall not exceed 40 feet and there must be curb and gutter or curb on both sides of the street. H Number of Lanes Speed humps shall not be installed on streets having more than two travel lanes one lane in each direction). 5. Street Grade Speed humps shall not be installed in areas where the street grade exceeds 5%. 6. Horizontal and Vertical Curves Speed humps shall not be installed on horizontal curves of less than a 300 -foot c radius. Speed humps shall not be installed on vertical curves with less than the minir stopping sight distance in accordance with the Caltrans Highway Design Manual 7. Sight Distance Speed humps shall not be installed on streets where the minimum safe stopp distance of at least 200 feet can not be provided. 8. Length of Street/Block/Cul-de-sacs Speed humps shall not be installed on streets with lengths of less than '/a of a mil feet), including, blocks and cul-de-sacs. safe ng sight e (1,320 Location I a) Speed humps shall be placed adjacent to property lines and street lights henever possible. b) Speed humps shall be placed more than 10 feet from a driveway whenever possible. I I C) Speed humps shall not be placed within 25 feet of a fire hydrant. d) Speed humps shall not be placed over manholes, water valves, or oth r utility vaults and shall be 25 feet from these facilities whenever possible. 2 e) Speed humps shall not be installed in front of catch basins or drainage structures. 10. Maximum Height Speed humps shall not exceed a maximum height of 3". 11. Spacing Speed humps shall be spaced between 400 and 600 feet apart whenever possible and at least 150 feet from intersections. 3.2 Other Criteria Traffic Volume Speed humps shall not be installed on streets with a minimum average volume (ADT) of less than 500 vehicles per day or with a maximum average volume (ADT) of more than 2,500 vehicles per day. 2. Transit Routes Speed humps shall not be installed on streets with established transit routes. 3. Emergency Vehicle Access Speed humps shall not be installed on streets that are defined or used as routine emergency vehicle access routes. 4. Traffic Speeds y traffic ly traffic or A traffic engineering study, as determined by the City Engineer, shall be pert rmed to confirm the magnitude and extent of the speeding problem and to ensure that the installation of the speed humps can be expected to appreciably address the proble 5. Neighborhood Support Speed humps shall not be installed on, modified, or removed from, any street unss 67% of the residents express written support of such action as discussed below, or unless in accordance with section 2.3, above. 6. Other A„eena Coordination The proposed speed hump installations shall be reviewed by emergency ervices providers (i.e. Sheriff's Department, Fire Department, Ambulance Service), school districts, transit operators, refuse collectors and street sweepers, and their input hall be considered in the evaluation process. 3 Procedure for Resident Initiated Consideration 4.1 The consideration of the installation, modification or removal of speed humps may be initiated by resident's request in accordance with the following procedures. 1. Any resident may submit a written request to the City Engineer for consideration of the installation of speed humps. Upon receipt of a written request, if all othef• feasible measures/alternative actions have been taken and have proven ineffective, the City Engineer will then evaluate the street to determine if the street meets the physical criteria set forth in this policy for the installation of speed humps. 2. If the street is determined to be eligible for consideration of the installation�of speed humps, the requestor will provide the City Engineer with a petition in accord nce with the requirements listed below. 3. Any resident may submit a written request for consideration of the modificati n and/or removal of speed humps. This request shall be accompanied by a petition in ac ordance with the requirements listed below. 4. All petitions for consideration of the installation, modification or removal Of speed humps shall be made on the City's petition form. A separate petition shall be submitted for each street on which speed hump installation, modification or removal is being requested. Petition forms can be obtained from the City's Public Works Divisio . Each petition to install, modify or remove a speed hump shall contains gnatures representing of at least 67% of the residential properties affected by the propose action, in favor of that action. Affected residents are those along the affected portio of that street (within 1/4 mile of any speed hump or to the nearest intersection with a s reet that allows ingress and egress from the neighborhood, whichever is further) and a y other street that may be affected by the proposed action, as determined by the City Engineer. Each residence/household will only have one (1) vote. It is the responsibility of the requestor to obtain the necessary signatures. 4? Upon receipt of the petition, the City Engineer will verify that the petition contains the equired number of signatures in favor of the proposed action. If the petition does not meet the required number of signatures, the petitioner(s) will be notified of the petition's failure to ieet the requirement. If the petition contains the required number of signatures in favor of theroposed action, a staff report will be prepared and submitted to the Traffic and Trans ortation Commission for its consideration of the installation, modification or removal of speed hu ps. 4.3 All affected residents, as well as emergency services providers (i.e. Sheriffs Departm nt, Fire Department, Ambulance Service), school districts, transit operators, refuse collectors a d street sweepers will be notified of the Traffic and Transportation Commission's intent to Id uss the feasibility of installing, modifying or removing speed humps on each street being consid red. If speed hump installation is being recommended, the notification will also include the p oposed locations of the speed humps. Public comments will be solicited and received at the Tr fie and Transportation Commission Meeting. 4.4 The Traffic and Transportation Commission's recommendation will be presented to the City Council for approval. 4.5 If the installation, modification or removal of the speed humps is approved by the City Council, all residents on the affected street(s) shall be given notice of the planned action at least three (3) weeks prior to installation. PETITION REQUESTING CONSIDERATION REGARDING SPEED HUMPS It is recommended that you review the City's Speed Hump Policy before signing this petition. We, the undersigned residents of the following street: (Street) hereby petition the City of Diamond Bar to consider the (check one:) ❑ installation, ❑ modification, ❑ removal of speed humps on our street. We understand that the petition must contain signatures of at Ieast 67 percent of those residents along the af: portion of this street and any street that may be affected, as described in the City's S Hump Policy. We also understand that the petition must be verified by the City Engi to confirm that it contains the requisite number of signatures. The City Engineer will inform the residents or neighborhood representative within l five (45) calendar days following receipt of the petition whether the petition has the requisite number of signatures for consideration of the requested action. By signing this petition, I agree to not oppose the requested action relating to speed humps in front of, or adjacent to, my residence. Neighborhood Representative: Name (Last, First)* Signature Address Day Phone *Please print Petitioners: Name (Last, First)* Signature Address Day Phone *Please print PETITION REQUESTING CONSIDERATION REGARDING SPEED HUMPS (Street) Neighborhood Representative: 1� Typic8l p W37 AR /1� 50' + - ' _ Asphalt Hump W6 (15) (For Marking See Below) 12" Curb Face Varies' Taper t S If there is no actual gutter use 2' SECTION A -A N �1' �2�, L J 150' + W37 AR '/�/ of / W6 (15) jJ a 10 250'+ ! SPEED HUMP MARKING --- I1Vl\ la -p x30" W37AR BI ck on yellow BUMPS ruing Sign 6" series "E" le ers 15 Wo (15) Sign MPH Ex a sign !oc tions shall 6. etermined by ity Engineer ADVANCE SIGNING SPEED HUMP STANDARD CITY OF DIAMOND BAR ATTACHMENT "A"' JUNE 14, 2001 PAGE 3 T&T COMMISSION ABSENT: COMMISSIONERS: None Chaparral Middle School Traffic Concerns - Report by Keating, Principal, Chaparral Middle School, said it is impera#i That the ty of the school's students be preserved. Steve arr, Counselor, Chaparral Middle School, reviewed tr ffic pro leets at the s ooI\slution: issues related to the basic traffic problem a offered t e following1) Place a "Yield" sign on Spruce Tre rive at IronBark Drive -fore attempting to make a right turn onto Ir n Bark Drive. David Little, 229 Aspen Knoll Drive, explained y he disagrees wii installation of a "Yie "sign. He cannot exit his ighborhood and the outlet at Spruce Tree ive and Mountain Lau I Way. Traffic backs u the top of the hill. In 19 he suggested #h nstallation of three way signs at Spruce Tree Drive nd Mountain aurel Way as well as, Iron Drive and Spruce Tree Drive. "Yield" ign is not fair to the residents first priority is safety for the stu nts d the second important issue i respect for the residents. Steve Tye, Chinook Place, sai a be yes stop signs at Iron Bark Drive nd Spruce*Sr Way and Spruce TreeFar would do a gr addition, he recommeleft turn signal and entering Diamondoulevard. Mr. Little's solution of th ;e Drive and Mountain L 14ving eal to relieve the prol Mountain Laurel the is no The way DI n. In Following extensiv discussion of various options, \the issioners concurred to re est staff to prepare an analysis os at the J�ly meeting. The Commissioners requested that minumeetings during which this isWe was discussed should be includedort. DPW/Li said that in staff's opinion, mitigation requires the full c per tion of resents, students, parents and the school district. Staff feels t t he mi'ti tion measures suggested this evening will result in some i rvvements. The school district's resources are limited. However, t t oes not mean that the City should not continue to work with the scho district toward a more satisfactory resolution. B. Sunset Crossing Road Speeding Concerns - Report by AE/Phillips Mr. Hallenbeck reiterated his concerns about speeding vehicles in his neighborhood. He asked for traffic statistics. Following discussion, C/Leonard moved, VC/lstik seconded, to accepttaff's recommendation to have increased enforcement on the posted 30 MP limit on Sunset Crossing Road between Del Sol Lane and Diamond Bar ATxACIiMENT "A" JUNE 14, 2001 PAGE 4 T&T COMMISSION Boulevard as well as, additional placements of the speed trailer on an "as needed" basis to monitor the Navajo Spring Road, Decorah Road, Sunset Crossing Road area. DPW/Liu responded to VC/Istik's question regarding consideration of a 25 MPH speed limit on Sunset Crossing Road, that the street does not meet the CVC requirement for being a residential street. In his opinion, if Bower Cascade Place at Sunset Crossing Road does not meet the all -way -s op warrant, Navajo Spring Road will not meet the warrant. Staff can present other options for consideration such as Botts dots or speed humps along Navajo Spring Road. Motion carried by the following Roll Call vote: i AYES: COMMISSIONERS: Kung, Leonard, Morris, VC/ls�ik, ChairNirginkar NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None VC/lstik requested discussion of speed humps in response to the resi ants' petition. The Commission concurred to request staff to agendize this atter for discussion. NEW BUSINESS: A. Neil Armstrong School Traffic Concerns/Circulation - Report b A/Smith. Erwin i enhagen has two foster children currently atten ' g Neil Armstrong School. O the past 11 years he has had 195 foste ildren attendi g Neil Armstrong. he last six months the traffic has een very bad - double parking, parking in crosswalk, making illega -turns, etc. He belie ,es enforcement should be ' creased in the are . He does not believe a crosswalk will help the situ ,n. A cros ' g guard might help, but enforcement is the most imp o t as ct of curing the situation. C/Leonard moved, C/Morris s nde recommend re -installation of a ladder type crosswalk at CI rview Crest a at Chicora Drive with necessary red curbing recommended by st and approval of a cro sing guard for the crosses at Clearview Crest Drive a hicora Drive as w II as, heavier enforce t at peak school hours as recom ded by staff. otion carried by the (lowing Roll Call vote: ;ESS : COMMISSIONERS: Kung, Leonard, Morris, Inti ChairNirginkar : COMMISSIONERS: None ABSENT: COMMISSIONERS: None ATTACHMM "B" JULY 12, 2001 PAGE 3 T&T COMMISSION C/Leonard moved, C/Morris seconded, to concur with staff's five (2,2,4, 5 & recommended options with emphasis on Item #15. During busion, the mmissioners expressed the view that a left turn sign n Diamond Bar Bo and at Mountain Laurel Way should be cons, ed and that staff may wish to ' clude potential costs for such an inst ion in their report to Council. DPW/Liu said that the mission may*9h to consider this matter further since the traffic problem cXrs. two -fifteen minute periods during a.m. and p.m. weekday peHe suggested to the Commission to implementt five improvements, continu to observe the conditions, amitigation measures at the e d of six months. In gener , he cost of a left t signal installation could r nge from $50,000 to $ 0,000. Followingolclussion, the motion was carried by the fo wing Roll Call, vote: AY COMMISSIONERS: Kung, Leonard, ChairNirginkar NOES: COMMISSIONERS: None ABSENT:COMMISS ION ERS: None VII NEW BUSINESS: A. Navajo Spring Road Traffic Concerns: k, AE/Ilasin presented staff's report. Staff recommends that the Traffic a d Transportation Commission concur with staff to install a Right Turn W rning Sign with supplemental 15mph advisory speed plate at approximately3603 Decorah Road and install a 15 mph advisory speed plate at the existin Left Turn Warning Sign located approximately at the property line of 227 and 231 Navajo Spring Road, and to consider one of the interim measures as recommended by staff, and (3) review and discuss the current Speed Bump Policy for the City of Diamond Bar, Ray Hallenbeck, 208 Navajo Spring Road, said that according to the ci attorney's opinion paper regarding speed humps, it states that he does not oppose speed humps. Neither is the Sheriff's Department opposed to peed humps. Those in attendance tonight who live on Navajo Spring favors eed humps. He does not agree with staff's recommendation that speed hu ps be placed only on straight roadways of less than five percent grade. H believes with sufficient signage a speed hump could be placed on the 11 downhill section on Decorah Road before the turn at Navajo Springs. 10 addition, a speed hump could also be placed at the curve and another speec hump at the end of the turn so that both southbound and northbound traffic JULY 12, 2001 ATTAMENT "B" PAGE 4 T&T COMMISSION would be forced to slow down at the curve. The Sheriff's Department issued a citation recently for 50 mph at the curve. The speeding is getting worse and the sheriff's department cannot be on the street all day. He believes that the portable speed humps make a lot of sense. Iry Rem, 221 Navajo Spring Road, has lived in his home for 34 years. He appreciates the city's efforts with the stop sign on upper Decorah. He believes in accident prevention and he believes the temporary speed ump would be the most prudent solution. He is retired and is frequently in is front yard. The neighborhood has cycled back to young families which he believes has increased the risk factor on this curve. He urged the Commission to give serious consideration to the safety factor. He agr es that a preventive measure needs to be placed on Decorah Rd. before vehicles reach Navajo Spring. He thanked the Commission for their consideration and urged them to consider the temporary speed hump.) Samuel Guillaume, 505 Navajo Spring Road, said that by the timeve i "es reach his driveway they have gained significant speed. He is very con erne about the safety of his family and kids who cross the street to go to thO club house. He has had many close calls backing out of his driveway. Most of the time he tries to reach home when the traffic is light so that he can safely back into his driveway and not be at risk when leaving his home in the morning. He recently visited a city that had temporary speed humps a d thought to himself at the time that this was the remedy needed on his treet. Shortly after that visit, he signed the petition for tonight's meeting. He strongly urged the Commission to do whatever it takes to slow down traffic and make Navajo Spring a safer place for everyone to live and walk. Robert Huff, 441 Navajo Spring, commended staff for seeking a method of trying speed humps on a trial basis. He recommended against installa ion of Botts dots because of the noise factor. He believes that speed humps would be useful tools to calm neighborhoods on streets such as Navajo Sprin and other collector streets. Law enforcement cannot be in all places at all t mes. Therefore, a mitigation measure such as a temporary speed hump ma be an effective tool. He urged the Commission's consideration. Mary Lewandowski, 23524 Decorah Road said she has lost two or thre' cats on the street. She offered to have enforcement use her driveway to ob erve the traffic. She is concerned about the families with young children an something must be done about the speeding vehicles. Dolores Vallejos, 23858 Navajo Springs Road, said she is very excited hat the Commission is considering temporary speed humps. She has lived at her residence more than 12 years. Within five months of moving into er house she and her young children were in their van getting ready to pull ATTACFIMM "B" JULY 12, 2001 PAGE 5 T&T COMMISSION away from the curb when they were hit by a young man who failed to stop. When deputies are present it helps to slow the traffic but they cannot be present at all times. The neighborhood really needs speed humps. There are classes for youth ages 3 to 17 at the clubhouse. Children must cross the street to get to the clubhouse and it is extremely dangerous for them. People are held hostage in their homes and she would be very grateful if the city would finally give the neighborhood some help with this matter. Ken Shaeffer, owns both 407 Navajo Spring where he lives and 415 avajo Spring. He has a 19 month old son. He teaches at D.B. High School. He has lived in Diamond Bar since he was one year old. When he moved into his home seven years ago there were no children on the street. In th last three or four years, six to eight houses have sold and suddenly there re many children. He lives in the middle area of the street and vehicles r ach peak speed in front of his home. Three years ago someone rolled his car down the street. The car came to a stop in front of his driveway. It is very scary situation and anything the city can do to slow the vehicles down ill be greatly appreciated. He wants a safe environment in which to raise his children. C/Morris pointed out that the traffic in the area is neighborhood traffic end not cut -through traffic. He believes the homeowners association should be approached to assist in educating the neighborhood. He likes staff's recommendation for the 15 mph speed sign. He proposed a portable wised speed hump for the area in front of the clubhouse. He also suggested red curbing the area across from the clubhouse. C/Kung said he would like use of portable speed humps authorized, locations to be determined between staff and residents. C/Leonard said she would concur with staff's recommendation for 15 ph advisory speed plates and she is definitely in favor of portable speed h mps as a pilot study project. She asked for explanation of "temporary" in this instance and suggested placement of more than two speed humps, one of which would be placed between the addresses of 208 and 217 Navajo Spring. VC/Istik used Pepper Tree Court in Brea as a good example of a street that uses speed humps. In addition, the street has several warnings signs indicating 15 mph on the pavement. The signs are unavoidable. He believes a similar design for Navajo Spring would be appropriate. He also believes that it would be helpful to have the petition signed by the pers n who initiated the petition, and that it should point out the benefits as we I as, the negative impacts. He said he would support permanent or temporalry speed humps. JULY 12, 2001 ATTACHMENT "B" PAGE 6 T&T COMMISSION ChairNirginkar said that as a part of this project he would like for staff to provide feedback regarding enforcement. He concurs with staff's recommendation to install 15 mph advisory speed plates. Regarding speed humps, some law enforcement officials believe that speed humps have a temporary effect. Once the drivers get used to the speed humps they will use them as launch ramps which could cause unexpected negative results. Currently, the city has a "no speed hump" policy. Therefore, prior to installation of temporary or permanent speed hump installations, the ity will have to revisit and revise its policy and criteria. Another issue brough up by the city attorney was the matter of residents indicating they did not wi h speed humps used as a law enforcement device and that it should be more of a roadway design feature. It is understandable that if this was a ne area of development being discussed and that speed humps were installed as roadway design features, it would be acceptable. However, after -the- act speed humps maybe perceived as traffic enforcement devices which ay cause the city to wrestle with liability and other issues. As a result, he is reluctant to recommend installation of speed humps at this time. He ould have no problem with Botts dots which have noise problems. DPW/Liu said that regardless of a pilot project, a uniform and consiste t policy must be adopted citywide. A pilot project will provide the city m re information and data regarding adoption and implementation of a cit ide policy. Staff would recommend that a petition must be signed by a ma ority of the residents between Sunset Crossing Road and Briar Creek Road The information received from California cities that have initiated portable s eed humps is that the minimum support must be from 65 to 75 percent. in addition, there are current standards that need to be passed along tot e Commission, Council and residents. The latest information was compi ed in 1995-1996. At this point, staff is aware of only one city, Santa Monica, that has used temporary speed humps. Chino Hills looked at this particula device and decided not to implement temporary speed humps. Under pilot program, the city has an opportunity to experiment and compile data. Ultimately, if it is in the best interest of the city not to have speed hump , it is a matter to be decided by the City Council. Even for a pilot project, a c ty must have standards and procedures in place regarding the project an the residents must understand the basis for and nature of the process. C/Leonard moved, C/Morris seconded, to adopt staff's recommendatio to install a 15 mph advisory speed plate at approximately 23603 Decorah oa and install a Right Turn Warning Sign with supplemental 15 mph advis ry speed plate at the existing Left Turn Warning Sign located approximate y at the property line of 227 and 231 Navajo Spring Road and request staff o initiate a pilot study regarding possible installation of portable speed hu ps in the Navajo Spring Road/Decorah Road area. The study will recommend criteria for a city-wide policy regarding speed humps. Motion carried bylthe following Roll Call vote: ATTACIMIa "B" JULY 12, 2001 PAGE 7 T&T COMMISSION AYES: COMMISSIONERS: Kung, Leonard, Morris, VC/Istik NOES:COMMISSION ERS: ChairNirginkar ABSENT:COMMISSIONERS: None B. Request to Keep Clear at Brea Canyon Road and Gerndal Street. AE/Phillips presented staff's report. Staff recommends that t/Traff*and Transportation Commission concur with staff to have the necpairs made to the traffic signal at Brea Canyon Road and Golden rive and then conduct an investigation to see if the access probledal Street still exists. /Istik moved, C/Leonard seconded, to concur with staf ' recomme dation to ve the necessary repairs made to the traffic signal t Brea Canyo Roa nd Golden Springs Drive and then conduct an ' vestigation to ee if the acc ss problem at Gerndal Street still exists. M ion carried by th following oll Call vote: AYES: COMMISSIIANERS: NOES: COMMISSION S: ABSENT: COMMISSIO RS: Vlll STATUS OF PREVIOUS ACTIONS D.B./Walnut Sheriff's Station has a I The committee is comprised of men the unincorporated area of Rowla Kung, L nard,Morris,VC/Istik, Chair rginkar 2 S: DPW/Liu stated that the safety committee that meets month y. om the cities of D.B., Walnut and f om I Matters of traffic concerns, crime issues, etc are regularly discuss d. One of t items featured in their recent minutes is the concern for spe ding on Navajo ring Road and Decorah Ro d and the fact that motorcycle cop ere sent to the are and five speeding citation were issued. DPW/Liu said tha a would like to have the heriff's Department rep rt to the Commission on their irect response to resident's mplaints. IX ITEMS FROM COM SSIONERS: C/Morris would lik staff to take a lo4 at the corner of Nava' Springs and Sunset Crossing Road are or possible red curbing. ChairNirgink reiterated Mr. Tallant's concern regarding double pa ing on S ruce Tree near aparral which is a major problem during peak school hou . He asked staff to to at potential solutions. Depu ts Amant said that the same problem exists at Quail Summit Element, Sch ol.rare not really double parked, they're just waiting in line. As a re: th cannot be cited for double-parking. Other than improving the traffic flow t 1,9 little that can be done. R ATTACHNT "C" CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION AUGUST 9, 2001 CALL TO ORDER: Cha' Virginkar called the meeting to order at 7:05 p.m. in the South Coast Air Quality Distric'NUearing Board Room, 21865 East Copley Drive, Diamond Bar, California. / PLEDGE OKALLEGIANCE: The audience was lid in the Pledge of Allegiance by Commissioner ROLL CALL: Commissioners: Chair Arun Virginkar, Vi Chair Jack Istik, and Commissioners Joseph ng, Joyce Leona/andORand Morris. Also Present were: D id Liu, Diblic Works; Kirk Phillips, Engineer; John Basin, Assistant En neer anomez, Administrative Assi II. APPROVAL OF MINUTES A. Minutes of July 12,200 C/Leonard moved, Worris seconded, to apove as presented. M on carried by the following 1 AYES: COMMISSIONERS: Kung Chair/ NOE COMMISSIONERS: None AB NT: COMMISSIONERS: None agement the July 12, 2001 meeting r inutes Call vote: ard, Morris, VC/Istikt III CO ISSION COMMENTS: None Offered. IV UBLIC COMMENTS: None Offered. V CONSENT CALENDAR: None VI OLD BUSINESS: A. Portable Speed Humps. DPW/Liu presented staff's report. He also stated, staff received a letter from the Diamond Point Homeowner's Association signed by Chery Cooper, indicating jthe association's support for consideration of installation of speed humps. Staff recommends that the Traffic and Transportation Commission review and discus the criteria in the draft policy for portable speed humps and concur with staff to install ATTACHMENT "C*' AUGUST 9, 2001 PAGE 2 T&T COMMISSION temporary, portable speed humps for sixty (60) days in the Navajo Spring/Decorah area as a pilot study/project. Furthermore, it is requested that the Traffic and Transportation Commission review and discuss the results of the pilot study/project after the end of the sixty (60) day period. Ray Hallenbeck, 208 Navajo Spring Road, informed the Commission that the street in front of his house is flat and he does not foresee any problem with placing a temporary speed hump at that location if it is properly marked. He sees a big problem with placing the speed humps in accordance with staff's recommendation because they would be located at the end of the street which would serve no purpose. He believes staff is opposed to speed humps and as a result are non-responsive to the residents. The residents call the Sheriff's Department at least 15 times a month to report speeding vehicles. He said that the last time he spoke with the Sheriff's Department he was told that they have more important streets in Diamond Bar to patrol. DPW Liu responded to Mr. Hallenbeck that staff wants to work with the residents to resolve the speeding problem. He again cautioned the Commission that speed humps not be placed at horizontal curves and be in accordance with traffic engineering criteria. He said he is not aware of any city waiving the horizontal and vertical curve requirement. VC/Istik remarked that to place a speed hump where there is no sight visibility or distance where vehicles are parked at the curb might cause approaching vehicles to be thrown off -course. With sight distance on a straight course, drivers have an opportunity to slow down in advance of reaching the speed hump. In the long run, speed humps on Navajo Spring may cause drivers to take another route. Mr. Hallenbeck responded to C/Kung that he would recommend speed humps be placed at about 23603 Decorah and between 210 and 215 Navajo Spring. C/Morris pointed out the importance of adequate site visibility and the need to place speed humps in accordance with engineering criteria on flat surfaces. He also pointed out that the traffic problems are enhanced on Navajo Spring because the street is too narrow. VC/Istik asked Mr. Hallenbeck what he thought about placing a speed hump in front of 23615 Decorah with signs indicating "speed humps ahead - slow down" so that vehicles would have to traverse a speed hump prior to reaching the curve. Mr. Hallenbeck said he would prefer to have a speed hump placed in front of 23511 and 23512 Decorah. Randy Siegel, 209 Navajo Spring Road, said that the problem with speeding vehicles is primarily at the curve and upper portion of the street. The problem does not exist so much on the lower end of the street. He agrees that speed humps would do more ATTACHnNT "C" AUGUST 9, 2001 PAGE 3 T&T COMMISSION good on Decorah prior to the downhill curve. Commission discussion ensued. Following discussion, VC/Istik moved, C/Leonard seconded, requesting staff to work with residents to obtain a petition with approval of 67 percent of area residents in concurrence with the draft policy, in support of installation of two speed humps before and after the curve AYES: COMMISSIONERS: Kung, Leonard, Morris, VC/Istik NOES: COMMISSIONERS: Chair/Virginkar ABSENT: COMMISSIONERS: None. NEW BUSINESS: None VIIITATUS OF PREVIOUS ACTIONS ITEMS: DPW/Liu reported on t July 3 2001, the City Council and Traffic and Transportation joint meeting/tour, th urpose of whi was to visit the issue of existing types of centerline striping for resident' streets. On August 2001, the Council approved the construction contract for the G�,eThe Springs Drive Stre Improvement Project between Torito Lane/em project is slated to corn ence after the Labor Day weekend. IX ITEMS FROM C MISSIONERS: Chair/Vithe Commission come up with a citywi safety slogan. X ITEMS FROM STAFF: A. Monthly Traffic Enforc Meeting. B. Second Quarter Traffic XI INFORMATIONAL ITEMS: Update: JA 2001 - Continued to September 13 DPW Liu reported on the status the following iter A. Country View H O/ -Street Parking Request. to September 13 meeting. Staff will ad)Xe e the management company that the City's olicy is to not allow on - street Dar a. B. Caltrdns District 7, San Gabriel Valley Area Projects. C. /Future Agenda Items. Future Agenda Items - as listed. MARCH 14, 2002 VII. ATTACIIMENT "D" PAGE S T&T COMMISSION Howard and Marlene Knipple, 23720 Palomino, requested installation qua stop sign at Palomino and Platina, en Chang, 23726 Palomino Drive, recommended 1) more 2 ph signs on lomino 2) set up a stop sign at the intersection o Platina and Palomi Drive and 3) more police presence. Motion carrie4y the following Roll Call vote: AYES: COM SSIONERS: Kashya incher, Torng, VC/M ris, ChairNirginkar NOES: COMMISS ERS: No ABSENT: COMMISSIO RS: ne VC/Morris moved to direct staff tb.,Oaluate the signage and take a closer look at La Bonita for its nee!6Xnd make recommendations to the Commission at its next meetin .This mWion died for lack of a second. In response to Commissi er Morris, DPW/L stated that staff will be able to prepare site specifi information for the inte ection of Palomino Drive and La Bonita as pa of the staff report to the City uncil. C/Kashyap m ed, C/Torng seconded, to recommenb,installation of a three-way sA at La Bonita and Palomino. Motion failed by,the following Roll Call vole: AYE COMMISSIONERS: Kashyap, Torng eBSS: COMMISSIONERS: Pincher, VC/Morris, ChairNi ENT: COMMISSIONERS: None OLD BUSINESS A. Report on Portable Speed Hump Pilot Study. AE/Phillips presented staff's report. Staff recommends that the Traffic and Transportation Commission receive staff's report, receive public input, discuss the matter, and direct staff regarding a formal policy for the installation of speed humps. Deputy St. Amant said that on the first pass over the speed hump he braked to a near stop. By the time he made a third pass he realized he did not have to slow down and took the speed hump at 37 mph with no problem. Speed humps, however, may be a real problem for low -rider vehicles. Ray Hallenbeck, 208 Navajo Springs Road, agreed that speed humps work (to slow vehicles). The resident at 416 Navajo Springs Road has had his house for sale for some time and he believes it might be part of the reason NnAGM111 T "D'* MARCH 14, 2002 PAGE b T&T COMMISSION that he opposes speed humps. He asked the Commission to allow permanent installation of speed humps on his street and the rubberized humps should be replaced with asphalt humps. He thanked staff for an outstanding report. Chery Cooper, 23826 Decorah, offered a 13 -page statement to the Commission as President of and on behalf of the 656 members of the Diamond Point Club Homeowners' Association that was entered into the record. She introduced Steve Granger, Vice President of the Diamond Point Club Homeowners' Association. All Homeowners' Association members are in support of the traffic calming measures and in particular, the speed humps. She agreed with Mr. Hallenbeck that the speed humps have proven to be extremely effective in reducing speed. They have accomplished what the homeowners wanted — to make the street safer for the children. Perhaps the city would like to use them on Palomino or some other street when they are replaced by permanent speed humps at their current locations. If traffic is proceeding westerly on Decorah, the only outlet is Platina. If traffic is re -directed to Platina it does force the traffic to slow down because traffic then encounters three intersections where there is cross -traffic. Decorah and Navajo Spring are straight-aways and traffic easily gains momentum. In the summary of responses provided to the Commission, in every instance where a resident made an additional comment, it has been so indicated. Those comments indicate concerns about speeders and racers especially on the northerly end of Decorah. She is certain the homeowners will be asking the Commission for more speed humps because they have been effective in reducing the overall vehicle speed. The members are extremely pleased with staff's assistance on this matter. Two stop signs were installed within a week of the City Council's approval and those signs have also been very helpful to the neighborhood. She lives at the top of Decorah between Briar Creek where it changes to Navajo Spring and her house is an equal distance between the stop signs at Del Sol and Platina. She asked that the Homeowners' Association be allowed to be involved in the finalization of policies and rules and regulations for the installation of speed humps. Randy Seagle, 209 Navajo Springs Road, appreciates the presence of the speed humps and believes they have had an effect on the reduction of vehicle speed. More especially, vehicles that travel at an excessive rate of speed have been dramatically deterred. He is concerned about placement of the speed humps and believes they should be closer to the curve. While he understands the concerns with the grade of the street, he feels this issue could be revisited. Mr. Hallenbeck thought that the grade of the curve was not that significant. He believed a 62 percent consensus among the homeowners was an overwhelming majority. He suspected that his motor home being parked on MARCH 14, 2002 ATTAL'IMI T "D" PAGE 7 the street was a deterrent and that if he overall speed would again increase. Chery Cooper asked the Commission Navajo Springs Road. T&T COMMISSION moved it off of the street that the to consider centerline striping on VC/Morris pointed out that according to staff's survey, 22 of 27 cities do not allow speed humps; two allow speed humps, one suspended use, and another uses speed humps as a last resort. In addition, he would like to investigate the short and long term injuries and negative effects of speed humps. Consideration of speed humps is a major step for the city. He commended the homeowners' association for their efforts and due diligence. Following discussion, the Commissioners concurred to continue discussion of this matter to the April 11, 2002 meeting. C/Kashyap complimented staff on their significant effort in preparation of materials for discussion of speed humps and the incredible amount of effort put into this matter by Chery Cooper, the Hallenbecks and other community members. He has witnessed their effectiveness in other communities and believes they are a good idea for the growing community of Diamond Bar. STATUS OF PREVIOUS ACTION ITEMS: W/Liu reported that at its March 5 meeting, the City Council approved m -way stop t Ritter and Golden Prados and Ritter at Great Bend as well ,the no parking n street sweeping days resolution. Currently, staff preparing educationa aterials and flyers for distribution community -wide i e next couple of weeks. Fo ing a grace period, enforcement will be ' immediately after Labor Day weeken The city's neighborhood beautificatio roject is a top priority and Council believe the parking regulation pr ram will enhance the neighborhood standards. DPW/Liu reported that the ailing ns community/senior center project wil a alized work will be advertised next Monda i ropo. April 4. If all goes according t Ian, gr ' g completed in August with uilding constr thereafter. The grand ope ' g is slated for pre-hol X. ITEMS FROM COMI AMSIONERS: and specifications for the tomorrow and site preparation als expected to be received by will commence in May and be ion commencing immediately season, 2003. C/Torng said at when he accepted this position he began to lis to resident's concerns. C/P' cher said she is still concerned about the Palomino Drive area and hop his atter can be satisfactorily resolved. ATTACHPINT 'Y' . MAY 9, 2002 � PAGE 4 R A Deputy Burdelas explained that it is not possible to change the prima fa 'a speed on Goldrush Drive. He said he has been writing tickets in that --- for several years and it is less of a problem now. It is rare to have so Bone drive extremely fast in that area. VII. OL"USINESS A. AN Iphia Parking Needs on Brea Canyon Road. DSA/ ith presented staff's report. Staff recommend that the Traffic and Tram: 0 ation Commission receive public=17ep-Krred discuss the issues and concu with staff's recommendation to curb markings on the westerly ide of Brea Canyon Road from L oming Street beyond the Adelphia drive y. (Continued from the April 1 , 2002 meeting) Joe Dunn, Adelphi said he originally re ested the red curbing because the truckers going int M/PM were par ' g on the portion of street used by Adelphia's technicians r loading and nloading. When the red curb was installed there was no ue of sight visibility problem. Ordinarily, technicians are parked on t stir, t for a total of two to two and one-half hours out of the day. The re a Adelphia does not use its parking lot for the purposes of loading and ading is that the entire lot is assigned parking. There is very little arkin There are two systems that report to Diamond Bar (Glendora nd Darn Bar) and they are on different schedules. If Adelphia t ' d to fit all of a vans into the parking lot it would be extremely difficult cause the gate i on remote control and the gate closes behind every an. He asked the mmission to consider making the area a tempor loading/unloading zone wring specific hours such as 7:30 a.m. to 9:3 a.m. and 4:30 p.m. to 6:30 p. . Monday through Friday or to allow Adelp a to engage in a permit system wit the city. The majority of loading and loading occurs in the morning hours. VC/Mori felt staff should revisit this area with respect t the sight visibility issue nd make an accommodation to the business simila to that made in the ea of Charlie's Sandwich Shoppe. PW/Liu explained that staff previously determined a sight visibilit roblem due to the size and type of vehicles. Staff believes that the busine could do better in terms of managing their on-site parking. Charlie's San ich Shoppe has no on-site parking. Based upon staff's site observations d information received from Adelphia, staff would not recommen modifications or changes to the current red curbing. B. Speed Hump Policy AE/Phillips explained the proposed changes to the proposed speed hump policy. Staff recommends that the Traffic and Transportation Commission ATTAC MNT "E" MAY 9, 2002 r E I PAGE 5 receive staff's report, discuss the proposed City of Diamond Bar Speed Hump Policy and recommend that the City Council adopt the City of Diamond Bar Speed Hump Policy. Chery Cooper, 23826 Decorah Road, commended staff on incorporation of ideas presented by members of the public. The homeowners association now has 67 percent acceptance of the combined number of residents (the entire stretch of Decorah and Navajo Springs Road) The policy is generally the same as the policy presented by staff last month. There is a negative tone to the policy and she would prefer that it be written in a more positive tone. She presented her draft proposed (positive) policy to the Commission. She took exception to the statement that the problem of speeding is "elusive" and the statement that "nevertheless, residents continue to request the installation of some type of traffic control measure to address the real or perceived speeding problem in their neighborhood." Further, the criteria are couched in negative language such as "shall not" repeated over and over. She wanted "shall" in place of "shall not" statements. The third element of Vehicle Code Section 40802B would exclude many streets in Diamond Bar and she believed there should not be a definition included that disallows streets unless they are 1/2 mile in uninterrupted length. Last month staff defended the statement that allows for removal or modification of a speed hump without regard to the policy. She did not believe it was appropriate to have a statement in a policy that says the policy has been adopted but the city does not have to follow it. To include a statement that the city can remove a speed hump suggests the city is not going to follow the policy but everyone else has to follow the policy. She asked that this language be excluded. She again expressed concern about the 67 percent. She gave the Commission information she acquired from the City of Sacramento. She reiterated her suggestion that the policy be written in a more positive tone. C/Kashyap recommended that staff continue to work with Chery Cooper on the tone of the policy. Jerry Berns, 225 N. Platina Drive, opposed the speed hump policy. When temporary speed humps were installed on adjacent streets, traffic on his street increased dramatically. He agreed with VC/Morris that when you "fix" a problem on one street it creates a problem on other streets. He was also concerned that in case of emergency the speed humps would slow down response from emergency services. Dan Hibbard, 328 Navajo Springs Road, welcomed the speed humps. He agreed that traffic still moves too fast. He suggested considering speed bumps because they are higher. He thought the speed survey should be conducted between the speed hump on Decorah Road and the north end of Navajo Springs Road. He did not believe that emergency vehicles were deterred by speed humps. He would like to see a greater partnership with ATTACHMENT "F" MAY 9, 2002 zA T:,J PAGE 6 n -t T j&J COMMISSION the sheriff's department with regard to traffic enforcement. He disagreed that peace officers have more important things to do than traffic enforcement. Lillian Hayes, 222 N. Platina Drive, spoke against installation of speed humps. They may serve a good purpose but they have created a big problem for Platina Drive. Platina has now become a cut -through street to Diamond Bar Boulevard. She asked the city to survey her street. Ray Hollenbeck, 208 Navajo Springs Road, sympathized with the residents who live on Platina. Surveys of his street indicate traffic has decreased so it is being rerouted to other streets. Overall, the speed has been cut in half on his street so he does not believe the speed humps should be removed. C/Pincher suggested a reference to the standards for speed humps be included in the policy. VC/Morris felt that the draft policy should be forwarded to the City Council as an informational item to be part and parcel of a complete comprehensive traffic mitigation system for the city. C/Kashyap would like staff to look at the scope of work — speed humps, stop signs, video cameras, blocking off streets, etc. He did not believe any one of those options on their own merit was the answer. Given a choice of these and any other mitigation measures that might be considered, the city should look at an overall package application and use this type of criteria to arrive at a best answer. He is concerned about the runaway cost of speed humps. He believed that if the city concentrated on the streets that form arteries to the freeways a large portion of the problem would either go away or be close to going away. Further, he believed that the community should partner with the sheriff's department to make mitigation efforts successful. Chair/Virginkar said he is most concerned about the increase in the number of vehicles traveling in excess of 50 mph. It tells him that people are adjusting to the speed humps. He concurred that this policy should be a part of the citywide package. He spoke about other cities' policies regarding traffic enforcement. C/Kashyap moved to accept staff's recommendation to recommend that the City Council adopt the City of Diamond Bar Speed Hump Policy. Motion died for lack of a second. C/Torng moved, C/Kashyap seconded, to recommend that the City Council adopt the City of Diamond Bar Speed Hump Policy. Motion approved by the following Roll Call vote: ATTACHMENT "F" MAY 9, 2002 j PAGE 7 'I �'1?&'I COMMISSION AYES: COMMISSIONERS: Kashyap, Torng, Pincher NOES, COMMISSIONERS: VC/Morris, ChairNirginkar ABSENT: COMMISSIONERS: None I. NEW BUSINESS SigmaNet Parking Needs at 732 N. Diamond Bar Boulevard. MA/Gomez presented staff's report. Staff recommends that the Tr is and Transportation Commission concur with staff's recommendation Kestablish a roximately 460 feet of parking zone for Sigma Internet, in on easterly N. mond Bar Boulevard. VC/Morn did not understand why this matter was referr to the Traffic and Transporta ' n Commission rather than thePlannin Commission. The Commission cently denied similar requests from sinesses for parking. Does this busin s have a right to receive an exce ion? Council Member De O'Connor explained t t the City Council approved to look into whether or of it was viable to ovide street parking. There is no way that the city cou specify that t s parking would be available to SigmaNet exclusively. The ouncil agr ed to try to provide the opportunity for street parking. C/Torng asked if it is possible t tend the area since there is no sight visibility concern. DPW/Liu responded that t request was provide a minimum of 20 on - street parking spaces on . The spaces wo be available on a first-come first -serve basis. VC/Morris reiterate his concern about setting a ba recedent. Further, he felt that the bike ne should not be disrupted. DPW/Liu st ed that this is one of the negotiated con ' ions and was establishe as part of the agreement. Staff felt that th Traffic and Transpo ation should be informed of this matter. C/T ng moved, C/Kashyap seconded, to establish approximately 4 feet of arking zone on easterly N. Diamond Bar Boulevard. Motion carrie by e following Roll Call vote: ATTACIDIEW "E" APRIL 11, 2002 PAGE 2 T&T COMMISSION ngeles. He asked that his case be reviewed and placed on the Commissio ' a enda for consideration. He stated for the record that he would/ePlanning all law nd do whatever the city directs him to do. ChairNir ' kar suggested that Mr. Ortiz present his case to Commissio V. CONSENT A. Parking Restricikns within the Limits of Freeway(Xverpasses/U n de rpasses. DPW/Liu presented bt ff's report. Staff re mmends that the Traffic and Transportation Commis ' n receive staff' report, discuss and recommend that the City Council adopt resolutio staff' parking within the limits of all freeway overpasses and u erp es within the City of Diamond Bar. C/Torng moved, C/Kashyap s onihRi g adopt a resolution restric park overpasses and underp ses within carried by the followin2llRoll Call vote: , to recommend that the City Council ttwithin the limits of all freeway City of Diamond Bar. Motion AYES: CO MISSIONERS: Kashya Pincher, Torng, ChairNirgi ar NOES : COMMISSIONERS: None ABSENT COMMISSIONERS: VC/Morris C/ shyap asked for clarification about whether the restriction ' intended to ply to the entire length within the CalTrans right-of-way. DPW/Liu said that CalTrans gives discretion to the cities. Staff and s% department personnel determined that the restriction should be within structure itself. VII. OLD BUSINESS A. Speed Hump Policy AE/Phillips presented staff's report. Staff recommends that the Traffic and Transportation Commission receive staff's report, discuss and recommend that the City Council adopt the Speed Hump Policy. Caroline Chiang, 1632 Kiowa Crest Drive, said she recently found out about the speed hump policy item and has discussed this issue with many of her neighbors who favor speed hump installation. Since Grand Avenue opened, there has been an influx of cut -through traffic in her neighborhood. The stop sign at Santaquin Drive has helped slow the speeding traffic somewhat; however, many children live in the neighborhood and she and ATTAC111 M "Ell APRIL 11, 2002 PAGE 3 T&T COMMISSION her neighbors are very concerned about their safety. She supports a speed hump policy that directs installation. Chery Cooper, resident of Diamond Point Club, commended staff for their excellent work on this very important issue. The stop signs at Del Sol Lane and Platina Drive dramatically decreased the speed of the traffic; however, the speed humps made the real difference. She recommended that the general policy in the third paragraph on Page 1 be amended to include a statement that "the residents would be notified if the city proposed to install, alter or remove...." She referred to Page 2, under Item 8, the statement that "speed humps shall not be installed on streets with lengths of less than 1/4 mile". On Page 5, Neighborhood Support, "speed humps shall not be installed on any street that does not obtain 67 percent of the residents in favor of the installation." Elsewhere in talks about "residents along the street in question and streets to which traffic might be diverted." Decorah Road runs from Briarcreek westerly to a point at which Decorah Road becomes Navajo Springs Road. The street exceeds 1/ mile. The residents at the easterly end of Decorah Road never travel to the west -end of Decorah Road. Therefore, it seems to present a high bar for the city. Perhaps the resolution to obtain 67 percent of the residents' approval within a 1/4 mile of where the speed hump is placed is a good place to start. The 67 percent designation is pretty high. On Page 4 under "procedure for residential initiated consideration", the subsequent paragraphs apply to the installation, modification or removal of speed humps. Paragraph 5 refers only to notification of installation and she felt that "modification or removal" should be included. She again stated she is very concerned about obtaining consensus from 67 percent of people on adjacent streets. In the case of Navajo Springs Road speed humps, traffic has been diverted to Platina Drive. There has been no request to obtain consensus from 67 percent of the residents on Platina Drive. The only outlet from Platina Drive is Willapa Lane and then from Willapa Lane to Bower Cascade Place to Sunset Crossing Road. If the city intends to obtain consensus from 67 percent of those residents also, this is a significant change to the current practice. She is under the impression that the speed humps will become permanent; therefore, the policy ought to be somewhat less restrictive in terms of the percentage. AE/Phillips explained that speed hump installation and removal requires City Council action. The intent of the paragraph is to say that the city reserves the right to install, modify or remove, based upon the best interest of the city and its citizens. In the case where a person, whether driving lawfully or unlawfully, has an accident and the city is found to be liable for some reason, the City would reserve the right to remove the speed hump. Cities can be held liable and it is therefore prudent that they have the ability to remove the liability. In such instances it may not be the consensus of the residents who live on that particular street to remove the speed hump. ATTACIDIM "E" APRIL 11, 2002 PAGE 4 T&T COMMISSION C/Kashyap pointed out that the spreadsheet attached to staff's report states the policy criteria for speed hump installation (sheet #1) indicates the cities of Agoura Hills and Thousand Oaks is 60 percent consensus. Both cities have terrain similar to Diamond Bar. Calabasas, a much steeper terrain, requires 66 percent. Other areas mentioned have much steeper terrain and require higher percentages. Based on the criteria 67 percent seems to be subjective. He recommended staff revisit this issue to determine if 67 percent is too high a percentage and determine whether 60 percent may be more appropriate. He questioned the figure of 2,500 cars per day on the street. Chery Cooper agreed that 60 percent would be more appropriate and she would support such a requirement. Ray Hallenbeck, 208 Navajo Springs Road, thanked staff for recommending a speed hump policy. He agreed with C/Kashyap's comments about terrain of other cities. He suggested including Montebello in the report. Montebello requires 60 percent consensus. He suggested stretching the five percent to six or seven percent and moving the speed humps closer to the curve of his street. If the City Council approves the speed hump policy, will the city get permanent speed humps or will the temporary speed humps remain in place? AE/Phillips explained that if City Council approves the policy, permanent speed humps would replace temporary speed humps. C/Torng asked staff how many Diamond Bar streets would meet the criteria. DPW/Liu explained that each area must be considered on a case by case basis and must meet all of the criteria. C/Pincher said that this is a very serious issue. As much as she would not want speed humps in her neighborhood, she understands the city needs to establish a policy. She believed it was important for all residents to understand what speed humps will look like on a daily basis so that there are no surprises. AE/Phillips responded to C/Pincher that the street legend would be painted white and the speed hump would be black with white chevron striping. Signs would be posted 100 feet or beyond to notify motorists that they are approaching a speed hump. In addition, a warning sign would be placed at the location of the speed hump. C/Pincher said that under the assumption that the speed hump policy is approved and other neighborhoods petition for speed hump installation, residents need to realize they may have a sign posted in their front yard and striping in front of their homes that may not be aesthetically pleasing. She ATTAGH NT "E" APRIL 11, 2002 PAGE 5 T&T COMMISSION believed that residents should have full access to all pertinent information so that they understand the potential side effects of this policy. AE/Phillips agreed with C/Pincher and thought that the information including drawings or photos showing what the street would look like after installation could be included in the petition form. C/Kashyap said Caroline Chiang made an important point about the effects of traffic on residential streets following the opening of Grand A enue. Long-term solutions should be researched to ward off potential problems. Staff's report stated speed humps should be used as a last resort. If they slow traffic, why should they be considered only as a last resort. AE/Phillips said that speed humps are considered last resort efforts because they are one of the most costly mitigation measures. It may be more cost effective for the city to install signs at a cost of $200 as opposed to a speed hump that costs the city in excess of $5,000. In addition, speed humps are much more permanent than signs. Some cities require the cost of removal to be borne by the residents who request removal within a certain time of installation. C/Kashyap suggested that discussion of the criteria should include input from Chery Cooper. C/Torng said his reason for asking how many streets in Diamond Bar ualify for speed humps was because of his concern about the cost of in Ilation and removal. Therefore, he would like this information included in staff's report so that all data is available for discussion. C/Kashyap asked if staff had pursued alternative financing for peed humps. ChairNirginkar asked staff to provide rationale for its criteria. He maded the point that in most cities where speed humps are installed, traffic returns to normal after six months. In addition, those who break speed laws continue to do so whether or not speed humps have been installed. He asked staff to provide additional related information for next month's discu sion. ChairNirginkar stated that VC/Morris was unable to attend tonight's meeting and asked that the matter be held over so that he would be available to participate in the decision-making process. C/Torng believed an agreed upon set of criteria was an essential first step before considering installation of speed humps. Chery Cooper wants the Commission to consider that this issue has been before the residents for more than two years. She strongly urged that next month's work product be complete to the point of Commission action. She APRIL 11, 2002 ATTACHMENT "E" PAGE T&T COMMISSION agreed with Chair/Virginkar's request for rationale. She felt that no right or left turns during commute hours would solve the problem. She asked the Commission to direct staff to provide input regarding experiences of other cities. Ray Hallenbeck agreed with the request for rationale. However, he also agreed that this matter has gone on for two years and he would 1 like a conclusion to the issue. He felt the rationale and statistics were adec uately covered in the voluminous material provided to the Commissioners at the previous meeting. He believed the cost for speed humps is minimal compared to the cost of enforcement. If VC/Morris is not preset next month the matter should be concluded and forwarded to the Council without his vote. The Commission concurred to continue this matter to the May 9, meeting. Sheriff's Department Traffic Safety Program !Y/Li introduced Lt. Maxey who spoke about the city's recent) Tra 'c Safety Program. He reported on the first dra/number m, of wh\Grove provided to the Commissioners. C/Toded that the city consider incons Gardty program such as safe telephhotl reporerhaps the Neighborhood Watchelp Lt. Maxey said that re ' ents do not have t can call the department a time and the de and let them know they have een obsery VII, NEW BUSINESS A. Summitridge Drive Traffic 2002 the ) to o it to report a speede�, they rtment will contact the arson speeding. AA/Gomez presented sta ' report. Staff re mmends that the Traffic and Transportation Cc ion receive public Omqnments and discuss the conditions of the inte action of Summitridge Driv nd Softwind Driveand concur with staff's commendation for a multi -way stbR. Abbas Raja , 1426 Summitridge Drive, appreciate staff's deport. Summitrid Drive suffers a very serious safety problem. Wi constr iction of the dactrerd unity/Senior Center, the residents foresee additions ro lems. He c all of his neighbors between Softwind Drive an rand Av ue and every resident feels the threat of being in danger o ars ssing through Summitridge Drive with low visibility due to the curvat r f the street. Residents do not believe that a multi -way stop at Summitridge ir_ j ions. wo Onx �,. :d` � E "�€�' oda` F✓'� i`. `l, _ C:i' � �' • �av f' C� ' '42 AS S�w L �r •° � .-� �; i�- iS _ K � ¢ ? .' �'. ,fid � �'e ed f4fi!9ocitI ' - Oil i. ,l, � 7�� �'� d 9"; - �.�-� � '•SRI �q per' ' Y Lo Il ril mf i H`z 31,2- x: r 304 lfse�qli ow. °NO�; i t;;, 2301-, h 1a i LL, lam', �� ♦ '�. .r�"�'' sw 2A622 _" +�n-cc-cuuc iu.in� hrartR W FIRE DEPT 323 664 6783T-168 P.001/006 F-664 AYrAGHMENT County Of Los Angeles Fire Department FAX: From: Captain LeCou a -R ENO. JA401 A 22 AV Land Development Unit/ 323.890.4243 Fax: # 323.890.9783 5823 Rickenbacker Rd Commerce. CA 90040 January 22, 2002 City of Diamond Bar Public Works Kink Phillips Fax: 909-861-3117 Dear Mr. Phillips: The local Battalion Commander wanted to make sure Diamond Bar had the Los Angeles County Fire Department's procedure regarding speed humps. I am fixing you Procedure # 11 and a "Speed Hump Information Sheet As you are probably aware, traffic calming and in particular "Speed Dumps" cause problems in terms of providing emergency services. The " Information Sheet" outlines some of the problems. Feel free to call me at (323) 890-4243 with any questions rim L%rI JZ4 emu 0104 ' . ATTACM[ENT tfgif N Fire Prevention Procedure # 11 05/01/99 Speed BumpsCTIwF �—ler r.uuuuuo r•eo4 Volume 7 Subject 11', •H1 ry WML IV- IW4M r1WW-6n w FIKC VCr1 iLi iIYU Y10� I'IYY Y•Uuoluuo t-084 ATTACIDIM "Hlt 1. INTRODUCTION A. PuMose: To provide information regarding this Department's policy'on Speed Bumps and the Installation of Speed Humps. • Background: Speed bumps and speed humps are designed to reduce ' vehicular speed, however, they impede the response of emergency vehicles. S. Sove: Informational to all Department personnel - C. Ate. The Assistant Fire Chief (Fire. Marshal) Fire Prevention Division, shall be responsible for the content, revision and annual maintenance of this Procedure. D. Pgfinitions: SPEED BUMP. A roadway speed control measure that is from three to ix inches In height with a length of one to throe feet These are commonly, used in parking lots and on some private roadways. They require fire department apparatus slowing to 5 mph or less at the speed bump. SPEED HUMP: A roadway speed control measure that is a maximum of 2 5/8' in height with a length of approximately 12 feel. They require fire department apparatus slowing to 15 mph at the speed hump. 11. RESPONSIBILITY 611 Personnel shall railer to this policy whenever inquiries are received regardin� this subject. III. POLICY A. S wed ase w 1 .Thy pose a danger to heavy equipment, such as fire apparatus, and are difficult to see at night, subjecting personnel to potential head, neck and back injuries, while responding to. emergency incidents. Studies have indicate an increase in response time to areas with speed bumps. In some studi s the response time was three times that for areas without speed bumps. (05101199) 1 V7 -C2 -S � I �wll LL-'LVVL 1u.14M riun-LA w r„ac mri aka cru rrrsi-IYY Y.UU4/UUO h-iO4 13. SDQW humps are not roeoMmCoggdJay ft DeparUnjenj, however, speed humps will be allowed if all traffic mitigation procedures have proven ineffective In controlling vehicular traffic, including: 1. Traffic engineering improvements 2. Increased signage 3. Increased law enforcement 4. Circulation of a petition by the City or County Public Works agency, receiving approval from at least 75% of the residents fronting the roadway in question, supporting the installation of speed humps. C. §Rgad hurnos may be allowed under the following conditions: 1 _ Presentation of documentation to the Firs Prevention Division, Water, Subdivision and Aeoess Unit, by Public Works, documenting the outcome of efforts made by law enforcement agencies to control traffic, how long they were able to monitor traffic conditions, and the outcome. a. Speed humps shall not be installed on streets with grades greater than 5 percent b. Speed humps shat[ not be installed within 100 feet of any intersection. C. Speed humps shall not be Installed within 25 feet of either side of a fire hydrant. d. Speed humps shall not be installed in the area in front of any building that might obstruct ladder truck or emergency vehicle operations. e. Speed humps shall be clearly marked with high visible" pavement marking, striping and signage, per Department of Public Works Standards. f. Speed humps shall not be located on a thoroughfare which impacts an ama servicing more than seventy five homes or residential units. (05101199) 2 V742411 �wll—LL—L4YL �u:uar rim-LA w rIR wri 311 1811 8783 i-788 P.005/006 f-664 • - ATTACHNT "Har _ s D. All pians for the installation of speed humps, shall be reviewed and approved by the Water, Subdivision, and Access Unit, Fire Prevention Division. Operations Bureau personnel shall be consulted for their recommendation. E. AypEgved§peed humps shall be visibly marked, and the area shall be properly posted to warn of their installation. F. Once speed humps aniinstalled, the local fire station shall be notified of their-location. G. When sal g„ regUirements fbr Regional Planning or Community Development tract maps, the Water, Subdivision and Access Unit shall ensure that requirements restrict the installation of speed bumps and speed humps. (1)510'5199) 3 V7 -C2 -S1 �1 ����'K-tout �u:iira �rcrr.n W ria Leri 393 e60 ores T-708 P.046/006 F-864 ATTACENENl' Speed Hump Information Sheet Los Angeles County Fite Department Land Development Unit -5873 Rickenbacker Rd, Commerce, GA 323-890-4243 The Fire Department does ag support the installation of Speed Humps. Speed Humps delay Fire Dcpermtent responses. Speed Humps cause injuries to Firefighters. Speed Fitm+ps cause damage to heavy Fire Department Vehicles. Please consider the following before you sign a petition to install a hump or similar device. • Studies show each speed hump will cause a 7-10 second delay in the Yore Department's arrival time. Delays, from Speed Humps, potentially impacts the survival rate of critically ill patients, suffering from medical emergencies such as heart attack, drowning, choking, and trauma. They also potentially reduce: one's chance of being rescued during a structure f=. In a 1997 Boulder, Colorado study, on Speed Humps, analyst R Bowman concluded at least TEN people would die from delayed responses for every ONE fatality prevented by traffic calming (Speed Hump). • Speed Humps cause further injury to certain patients transported by ambulances. Patients with chronic spinal problems report that speed humps aggravate their condition causing in=Med pain and finther injury. In a memorandum to the City of Boulder, Special Transit, which serves 3,000 elderly disabled passengers, urged the City to consider other methods of to traffic calming that do not include physical barriers (speed humps). Americans with Disabilities (ADA) oppose speed humps for this reason, Spinal injwies, from Speed Humps, doctmtemed in the Journal of Accidence„raefgm Medicine July 1996, David Bowrey, Rhys Thomas, Ruubert Evans, Peter Richmond • Speed humps and similar measures came injuries to Firefighters and damage to Fire Department vehicles. f A Failure to slow down, while crossing speed humps has injured Firefighters and damaged Fire apparatus. • The effect of speed humps on adjacent st mctvres h not fully underataod. Houses close to speed humps are subjected to ground vibrations that can cause damage to underground pipes and foundations. Jonathan Lake, "Road humps can damage houses”, Sunday Times, Home news (Dec. 28. 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L.EROY D. BACA. SHERIFF February 11, 2002 ATTACHMENT "I" a//y�o ,�4�iiC�/ % R�✓rp� �r�7 Tountu Of Kao Angrirs lsheriffo i0epartment Trrabquartero 4780 Ramona 19oulebarb Aonterrg Park, (Ealifornin 91754 - 2169 (909) 595-2264 Ms. Linda C. Lowry City Manager, City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91765 SUBJECT: INSTALLATION OF SPEED HUMPS ON RESIDENTIAL STREETS Dear Ms. Lowry: This correspondence is in response to a request by Mr. David Liu, City Director of Pul lic Works, for input on the use on speed humps within the City of Diamond Bar. My staff has investigated this issue and has determined that the Los Angeles County Sheriff's Depaktment has no written policy and no objections to the use of speed humps in any of its contract cities. We were unable to document any negative affect that speed humps may have on our patrol operations or emergency responses within the City. The Sheriff's Department and this Station does not generally promote the use of speedlhumps as a device to control speeds on residential streets. We feel that the effectiveness of speed humps decreases over time once motorists become familiar with the process and realize that they can traverse the humps without slowing significantly. Any reduction in the speed of vehicles will most likely be temporary. Again, let me state that we are not opposed to the use of speed humps if the City determines that they are helpful. We do not believe that the use of speed humps will negatively impact on our ability to provide law enforcement services to the City of Diamond Bar. Thank you for your continued support. D. BACA, Alexander R. Yim, Captain Walnut/Diamond Bar Station ,✓3 -7raofilion f &rutce Wert P. Chang Mayor Deborah H. O'Connor Mayor Pro Tem Carol Herrera Council Member Robert S. Huff Council Member Robert P. Zirbes Council Member Kecyded paper June 11, 2002 City of Diamond Bar 21825 E. Copley Drive • Diamond Bar, CA 917654178 Jan Keating, Principal Chaparral Middle School 1405 Spruce Tree Drive Diamond Bar, CA 91765 Dear Ms. Keating: (909) 860-2489 • Fax (909) 861-3117 www.CityofDiamondgar.com On behalf of the Diamond Bar City Council and community, I would like to take this opportunity to extend congratulations and commendations to Chaparral Middle School --National Blue Ribbon School! What an achievement! The students have certainly proven an exemplary performance in applying their academic skills. The commitment and leadership by Chaparral's administrators and staff are also to be commended. The Diamond Bar City Council would like to formally acknowledge Chaparral's distinction at its meeting on Tuesday, June 18, 2002. The meeting begins at 6:30p and is held at the Government Center/Air Quality Management District (AQMD) Auditorium, 21865 E. Copley Drive, Diamond Bar. Please contact my secretary, Nancy Whitehouse, 9091396-5666, to acknowledge your availability. We look forward to seeing you June 18. Sincerely, 6&,P, c Wen P. Chang Mayor WPC:nbw c: City Council City Clerk Dr. Larry Kemper, WVUSD, Acting Superintendent