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HomeMy WebLinkAbout10/01/2002Tuesday, October 1, 2002 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 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 frorn 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 COIvWISSION AND COWXTTEE MEETINGS) PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/os other hems'of interest which are within the subject smatter jurisdiction ofthe Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clark, Asa general rule the opportunity for public comments will take place at the discretion ofthe Chairhowever, 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 requested to refrain from personal attacks towards Council Members or other cftiz - Comments which are not coaducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. Your cooperation is greatly appreciated- in ppreciatedin accordance with Government Code Section 54954.3(a) the Chair may limon time to time dispense with public comment an items previously considered by the Council. (Does not apply to Committee meetings.) In accordance with State Law (Brown Act), all maters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In case of emergency, or when a subject matter arises subsequent to the posting ofthe agenda, upon making certain findings.the Council may act on an item that is not on the posted agenda CONDUCT IN TBE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person win oommits the following acts in respect to a regular or special meeting ofthe Diamond Bar City Council. A Disorderly behavior toward the Council or any member ofthe M ffthareot tending to interrupt the due and orderly course of said meeting. B. A breads ofthe peace, boisterous Conduct of violent disturbance. tending to interrupt the due and orderly coume of said meeting. C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful imorfermce with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 bours prior to the meeting. Agendas are available electronically and may be accessed by a personal muter through a phone modem. Every meeting ofthe City Coutncil is recorded an cassette tapes and duplicate tapes aft available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days its advance ofthe meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m Monday through Friday. HELPFULPHONE NUMBERS Copies of Agenda, Rules ofthe Council, Cassene Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE Gencral information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDEN TIP'IED ON THE AGENDA, 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. ONI CHANNEL 17. CLOSED SESSION: CALL TO ORDER: CITY OF DIAMOND BAR CITY COUNCIL AGENDA October 1, 2002 None 6.30 p.m. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Mayor Paul Keh, Church of Jesus Christ of Latter Day Saints Council Members Herrera, Huff, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Introduction of Walnut Valley Unified School District Superintendent Dr. Kent Bechler. 1.2 Proclaim October 2002 "Read Together Diamond Bar Month." 1.3 Proclaim October 2002 as "National Breast Cancer Awareness Month." 1.4 Proclaim October 2002 as "Disability Awareness Month." BUSINESS OF THE MONTH 1.5 Presentation of City Tile to Joe Torrealto, owner, Giuseppe's Italian Deli & Imported Groceries and display of video for Business of the Month. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card andgive it to the City'Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. October 1, 2002 PAGE 2 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may bin iefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 'READ TOGETHER DIAMOND BAR MONTH" - October 2002. 5.2 PUBLIC SAFETY COMMITTEE MEETING - October 7, 2002 - 7:00 p.m., Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut. 5.3 PLANNING COMMISSION MEETING -- October 8, 2002 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.4 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — October 10, 2002 — 7:00 p.m., AQMD/Government Center Board Hearing Room, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING — October 15, 2002 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES — Regular Meeting of September 17, 2002 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES - Regular Meeting of August 27, 2002 - Receive and file. Requested by: Planning Division 6.3 TRAFFIC & TRANSPORTATION COMMISSION MINUTES: 6.3.1 Regular Meeting of June 13, 2002 - Receive and file. 6.3.2 Regular Meeting of July 11, 2002 — Receive and file. Requested by: Public Works Division 6.4 WARRANT REGISTER - Approve Warrant Register dated September 26, 2002 in the amount of $824,988.41. Requested by: Finance Division October 1, 2002 PAGE 3 6.5 REJECTION OF CLAIMS FOR DAMAGES: 6.5.1 Filed by Mila Kleinbergs on June 24, 2002. Recommended Action: Approve rejection. 6.5.2 Filed by Lisa Hartsock on September 11, 2002. Recommended Action: Approve rejection. Requested by: City Clerk 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard 7.1 PUBLIC HEARING — ADOPT RESOLUTION NO. 2002-72 AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED PERSONNEL. Recommended Action: Open the public hearing, take testimony, close the public hearing and adopt Resolution. Requested by: City Clerk 7.2 PUBLIC HEARING — RESOLUTION NO. 2002-73: APPROVING TENTATIVE PARCEL MAP (TPM) 22987 — TO SUBDIVIDE AN EXISTING 5.02 ACRE COMMERCIAL PARCEL LOCATED AT 259 GENTLE SPRINGS LANE INTO THREE COMMERCIAL LOTS Recommended Action: Open the public hearing, take testimony, close the public hearing and adopt Resolution. Requested by: Planning Division 8, COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF RECOMMENDATION TO OPPOSE PROPOSITION 52, ELECTION DAY VOTER REGISTRATION, ON THE NOVEMBER 2002 BALLOT. Recommended Action: Approve recommendation to oppose. Requested by. Legislative Sub -Committee 8.2 (a) REJECT THE LOW BID SUBMITTED AND AWARD A CONSTRUCTION CONTRACT FOR TRAFFIC SIGNAL INSTALLATION AT VARIOUS INTERSECTIONS TO THE SECOND LOW BIDDER, NEW WEST SIGNAL IN THE AMOUNT OF $412,086 AND AUTHORIZE CONTINGENCY October 1, 2002 PAGE 4 AMOUNT OF $82,000 FOR PROJECT CHANGE ORDERS FOR A TOTAL AUTHORIZATION AMOUNT OF $494,086 AND APPROVE BUDGET APPROPRIATION OF $70,000 FROM PROP C FUNDS. Recommended Action: Reject the low bid submitted and award bid to second low bidder with contingency and authorize budget appropriation. (b) AWARD CONTRACT TO WARREN C. SIECKE FOR CONSTRUCTION ADMINISTRATION AND INSPECTION SERVICES FOR TRAFFIC SIGNAL IMPROVEMENT PROJECT AT VARIOUS LOCATIONS IN AN AMOUNT NOT TO EXCEED $37,000 AND AUTHORIZE CONTINGENCY AMOUNT OF $3,500 FOR PROJECT CHANGE ORDERS APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $40,500. Recommended Action: Award contract. Requested by: Public Works Division 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Ail VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: %. CITY CLERK Lee s ka DATE: to l 1 Q"ice �a!! l' �P PHONE: �O Z 7%7 y7C FW6---A&Fffr1/A�+�a'�1. l�ilai47c���r A,6,�i viAjIs . I expect to address the Council on the subject name and address as written above. f A . Please have the Council Minutes reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: PHONE I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �--.� c� �.a DATE: ADDRESS:I °, r� s�'d �-�ra��PHONE: ORGANIZATION: Ink AGENDA #/SUBJECT: 1 expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK ,a� e DATE: '' 1 100 I oA J, tlr�,'pave. PHONE:10 r 10.51 `r �' Or44 1ply-&4ril P;aa.,�, t yrA-1 W' s h#V� �1 Cwt k—evr3 ^' L 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: DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT:-` I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. re Wen P. Chang Mayor Feborafm H. O'Connor Mayor Pro Tem Carol Herrera Council Member Robert S. Huff Council Member Robert P. Zirbes Council Member Recycled P,pe, September 25, 2002 City ®f Diamond Bar 21825 E. Copley Drive - Diamond Bar, CA 91765-4178 Paul Keh Church of Jesus Christ of Latter Day Saints 1641 Maple Hill Drive Diamond Bar, CA 91765 Dear Mr. Keh: (909) 860-2489 • Fax (909) 861-3117 www.CityofDiamondBar.com This is to confirm your participation to provide the invocation at the Diamond Bar City Council Meeting on Tuesday, October 1, 2002 at 6:30 p.m. The meeting will be held in the South Coast Air Quality Management District/Government 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. Thank you for taking time out of your busy schedule to share with us. Sincerely, Lynda Burgess City Clerk /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 Recycled paper September 18, 2002 City of Diamond Bar 21825 E. Copley Drive • Diamond Bar, CA 91765-4178 (909) 860-2489 • Fax (909) 861-3117 www.CityofDiamondBar.com Joe Torrealta Giuseppe's Italian Deli & Imported Groceries 958 N. Diamond Bar Boulevard Diamond Bar, CA 91765 Dear Mr. Torrealta: On behalf of the Diamond Bar City Council, I would like to take this opportunity to express our appreciation to Giuseppe's Italian Deli & Imported Groceries for their support and contribution to the economic strength of the City of Diamond Bar. The City Council would like to formally recognize Giuseppe's Italian Deli & Imported Groceries as Business of the Month -October 2002, at its meeting on Tuesday, October 1. The meeting is held at 6:30p, at the Government Center/Air Quality Management District (AQMD) Auditorium, 29865 E. Copley Drive, Diamond Bar. Also, arrangements will be made to have the City's videographer prepare a video snippet Giuseppe's Italian Deli & Imported Groceries. The video would be aired at the meeting and on the City's local station, DB17, during the month of October. Please contact my secretary, Ms. Nancy Whitehouse, 9091396-5666, to confirm your availability and attendance. I look forward to seeing you October 1. Sincerely, c cy�_ Wen P. Chang Mayor WPC:nbw c: City Council City Clerk MINUTES OF THE CITY COUNCIL Agenda No. 6.1 REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 17, 2002 STUDY SESSION: None CLOSED SESSION: None CALL TO ORDER: Mayor Chang called the meeting to order at 6:38 p.m. in the Auditorium of the South Coast Air Quality Management District, 21825 E. Copley Drive, Diamond Bar, CA. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was lead by Mayor Chang. INVOCATION: The Invocation was given by Ahmad H. Sakr, Ph.D., Islamic Education Center ROLL CALL: Council Members Herrera, Huff, Zirbes, Mayor Pro Tem O'Connor, 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; Dennis Tarango, Building Official; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk, APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Energy Update Presentation by Richard Meza, Southern California Edison. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Clyde Hennessee thanked staff, Council and the Traffic & Transportation Commissioners for installation of the stop signs on Sunset Crossing Road. He again expressed his views on propositions on the November ballot. 4. RESPONSE TO PUBLIC COMMENTS: 5. SCHEDULE OF FUTURE EVENTS: 5.1 DIAMOND BAR COMMUNITY FOUNDATION MEETING - September 19, 2002 - 7:00 p.m., SCAQMD/Government Center, 21865 E. Copley Dr. 5.2 PLANNING COMMISSION MEETING — September 24, 2002 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. September 17, 2002 PAGE 2 City Council 5.3 PARKS AND RECREATION COMMISSION MEETING -September 26, 2002 - 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL MEETING — October 1, 2002 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: C/Herrera moved, seconded by C/Zirbes to approve the Consent Calendar. Motion carried by the following Rall Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor, Mayor Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED CITY COUNCIL MINUTES - 6.1.1 Study Session of September 3, 2002—As submitted. 6.1.2 Regular Meeting of September 3, 2002 - As submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Dated August 13, 2002. 6.3 APPROVED VOUCHER REGISTER - Approve Voucher Register dated September 17, 2002 in the amount of $674,456.95. (MPT/O'Connor voted no on approval of P.O. No. 12479). 6.4 REJECTED CLAIM FOR DAMAGES - Filed by Cynthia Ammon on June 17, 2002, 6.5 ADOPTED RESOLUTION NO. 2002-68: SUPPORTING LOS ANGELES COUNTY'S REQUEST TO RENEW THE 1115 WAIVER (MEDICAID). 6.6 APPROVED CHANGE IN VOUCHER REGISTER PROCESS FOR WEEKLY PROCESSING OF WARRANTS FOR PAYMENT OF CITY OBLIGATIONS. 6.7 NOTICE OF COMPLETION FOR 20012002 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) SIDEWALK INSTALLATION PROJECT. 6.8 ADOPTED RESOLUTION NO. 2002-69 APPROVING INSTALLATION OF MULTI -WAY STOP SIGNS ON SUNSET CROSSING RD. AND PROSPECTORS ROAD/CHAPARRAL DR. 6.9 ADOPTED RESOLUTION NO. 2002-70: APPROVING THE APPLICATION FOR RECREATION TRAILS PROGRAM FUNDS FOR THE SYCAMORE CANYON PARK TRAILS PROJECT. September 17, 2002 PAGE 3 City Council 6.10 ADOPTED RESOLUTION NO. 2002-71: APPROVING INSTALLATION OF MULTI -WAY STOP SIGNS ON HIGHLAND VALLEY RD. AND OVERLOOK RIDGE RD. 6.11 ADOPTED RESOLUTION NO. 2002-50A: AMENDING RESOLUTION NO. 2002 -50 -FISCAL YEAR 2002-03 MUNICIPAL BUDGET TO INCLUDE APPROPRIATION FOR PRIOR YEAR PURCHASE ORDER CARRYOVERS. 7. PUBLIC HEARINGS: 7.1 PUBLIC HEARING - SECOND READING OF ORDINANCE NO. 09(2002): AMENDING TITLE 15, BUILDING AND CONSTRUCTION SAFETY, OF THE DIAMOND BAR MUNICIPAL CODE -- Presentation by BO/Tarango. M/Chang declared the Public Hearing open. There being no testimony offered, M/Chang closed the Public Hearing. Moved by C/Herrera, seconded by C/Huff to approve Second Reading by title only and adopt Ordinance No. 09(2002). Motion carried by the following Rol) Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor, Mayor Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: C/Huff commended the Chamber of Commerce and the City on the 9111 commemoration. C/Zirbes echoed C/Huff's sentiments regarding the 9/11 event held by the Chamber and the City last week. During the past two weeks, he worked with staff and the Sheriffs Department on several local issues and thanked them for their assistance and continued support. C/Herrera commended Valley Vista Trash. The Company recently received grants to purchase three new trash trucks that promote cleaner emissions. MPT/O'Connor asked that tonight's meeting be adjourned in memory of Kan Stellino who succumbed to cancer at the age of 42. September 17, 2002 PAGE 4 City Council MlChang thanked the organizations and agencies that participated in the memorial service in honor of the 9111 tragedy and its victims and heroes. Ribbon cutting ceremonies were held on September 12 for a new business in Diamond Bar, Salon Sonal, located at the corner of Grand Ave. and D.B. Blvd. He congratulated the Friends of the Library on their upcoming "Read Together Diamond Bar" events during the month of October. 10. ADJOURNMENT: There being no further business to conduct, MlChang adjourned the meeting at 7:15 p.m. in memory of Kari Stellino. LYNDA BURGESS, City Clerk ATTEST: WEN CHANG, Mayor Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION AUGUST 27, 2002 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management/Govemment Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Tanaka led the pledge of allegiance. 1. ROLL CALL: ,Present: Chairman Joe Ruzicka, Vice Chairman Steve Tye, and Commissioners Steve Nelson, Dan Nolan and Jack Tanaka. Also Present: Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, Planning Consultant David Meyer, and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: Chair/Ruzicka recommended that Agenda Item 5.1 be considered as the last agenda item following Item 7.5. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meetings of August 13, 2002. GNolan moved, C/Tanaka seconded, to approve the minutes of August 13, 2002, as submitted. Motion carried 4-1 with C/Nelson abstaining. 6. NEW BUSINESS: 6.1 Comehensive_Sign Program No. 2002-03 — request for approval of a two-story multi -tenant community development of approximately 10,400 square feet. PROJECT ADDRESS: 20855 Golden Springs Drive Diamond Bar, CA 91765 AUGUST 27, 2002 PAGE 2 PLANNING COMMISSION PROPERTY OWNER: Golden Diamond Star, LLC 11747 Valley Boulevard El Monte, CA 91732 APPLICANT: Harry Wu 11747 Valley Boulevard El Monte, CA 91732 PC/Meyer presented staff's report. Staff recommends Planning Commission approval of Comprehensive Sign Program No. 2002-03, Findings of Fact, and conditions of approval as Iisted within the resolution. VC/Tye was concerned about tenant's adhering to consistent signage in order to provide an aesthetically pleasing look to the building. Chair/Ruzicka felt it might be appropriate to require tenants to use one sign company in order to insure uniformity in size, color, texture, etc. PC/Meyer believed that the sign program established conformity in size, color and texture. He discouraged the Commission from stipulating that the building owner utilize the services of only one company because it would restrict competitive bidding. The condition could stipulate that the property owner would have to approve a tenant's sign application prior to submission to the City for staff's review. VC/Tye concurred that the objective would be served by . PC/Meyer's recommendation. Ying Lee, partner, Golden diamond Star, LLC, told the Commission that his firm wants the tenant's to have a sign program consistent with the City's requirement. Each prospective tenant is told that they must comply with the building's sign program. Approximately 80 percent of the tenant space is occupied by national credit tenants who understand compliance with a City's requirements. Chair/Ruzicka opened the matter for public testimony. There being no one who wished to speak on this matter, Chair/Ruzicka closed public testimony. AUGUST 27, 2002 PAGE 3 PLANNING COMMISSION PC/Meyer recommended the addition of Condition (e) on page 2, to the resolution to wit: "The property owner, or his or her representative, shall review all tenant sign applications before they are submitted to the City for permit issuance." VC/Tye moved, C/Nolan seconded, to approve Comprehensive Sign Program No. 2002-03, the Findings of Fact, and conditions of approval as listed within the resolution with the addition of Condition (e) as previously stated. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Tye, Nolan, Nelson, Tanaka Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7. PUBLIC HEARING(S): 7.1 Development Review No. 2002-08 and Minor Conditional use Permit No. 2002- 07. Tree Permit No. 2002-05. NeLyative Declaration of Environmental Imnact No. 2002-03 (pursuant to Code Sections 22.48, 22.56 and 22.38). The applicant has requested approval of plans to construct an approximate 8,200 square foot three (3) story single-family residence with an attached 5 -car garage (total gross floor area of 11,490 square feet), on an approximate 62,303 square foot (1.43) acres) R-1(40,000) zoned lot. Additionally, the applicant requests approval of a Minor Conditional Use Permit to allow for a 10 -foot high tennis court fencing and a Tree Permit to remove and replace a protected tree species. PROJECT ADDRESS: PROPERTY OWNER: 23930 Falcons View Drive (APN 8713-039-017) Diamond Bar, CA 91765 Chao Ouyang and Yanni Chen 20531 Simon Court Walnut, CA 91789 APPLICANT: Horizon Pacific 2707 Diamond Bar Boulevard Diamond Bar, CA 91765 PC/Meyer presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-08, Minor Conditional Use Permit AUGUST 27, 2002 PAGE 4 PLANNING COMMISSION No. 2002-07, Tree Permit No. 2002-05, and Negative Declaration of Environmental Impact No. 2002-03, Findings of Fact, and conditions of approval as listed within the resolution. Jerry Yeh, Horizon Pacific, said that he and the property owner read staff's report and concur with the conditions of approval. Chair/Ruzicka opened the public hearing. There was no one present who wished to speak on this item. Chair/Ruzicka closed the public hearing. C/Nelson moved, C/Nolan seconded, to approve Development Review No. 2002-08, Minor Conditional Use Permit No. 2002-07, Tree Permit No. 2002-05, and Negative Declaration of Environmental Impact No. 2002-03, the Findings of Fact, and conditions of approval as listed within the resolution, subject to staff's request to strike required non -conforming structured findings and the following amendments: 1) the conditions shall stipulate that replacement trees will be in-kind 15 gallon California Walnuts for the 11 trees that are removed; 2) on page 6, screening trees that would not be effective year-round be eliminated; 3) the person preparing the landscape plan be directed to concentrate the trees on the descending slope where the property abuts the open space of Tonner Canyon, and 4) because the property directly abuts Tonner Canyon, the review of the final landscape and irrigation plan shall come back to the Planning Commission for its review and approval - Item 8(d). Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS Nelson, Nolan, Tanaka, VC/Tye, Chair/Ruzicka None None 7.2 Development Review No. 2001-15 (pursuant to Code Section 22.48.020.A.) is a request to construct a two-story single family residence on a vacant lot with a two -car garage, rear balcony/patio cover and front parch totaling to approximately 4,620 square feet. Additionally, the request includes a rear retaining wall with a maximum exposed height of six feet. AUGUST 27, 2002 PAGE 5 PLANNING COMMISSION PROJECT ADDRESS: 1194 Chisholm Trail (Lot 12 of Tract No. 37873) Diamond Bar, CA 91765 PROPERTY OWNER/ Mr. and Mrs. Eddie Pinzon APPLICANT: 737 Featherwood Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2001-15, the Findings of Fact and conditions of approval as listed within the resolution. Joe Monfreda, 1931 Eloise Way, Upland, concurred with staff's report and conditions of approval. The owner desires to make the home compatible in every way possible with the surrounding neighborhood Chair/Ruzicka opened the public hearing. There being no one present who wished to speak on this item, Chair/Ruzicka closed the public hearing. VC/Tye noted that the applicant has made every good effort to comply with the City's and Planning Commission's recommendations for this project. C/Nolan moved, C/Nelson seconded, to approve Development Review No. 2001-15, Findings of Fact, and conditions of approval as Iisted within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Nelson, Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Tentative Parcel Map No. 22957 (pursuant to Title 21, Subdivision Ordinance — Section 21.22) is a request to subdivide one parcel into three lots. Currently, the project site is developed with a restaurant structure and a hotel. If approved, the restaurant structure will be located on a 1.32 acre lot; the hotel will be located on a 2.70 acre lot; and the remaining 1 acre lot will be for future commercial development. The Planning Commission is charged with conducting a public hearing and making a recommendation to the City Council for this project. AUGUST 27, 2002 PAGE 6 PLANNING COMMISSION PROJECT ADDRESS: 259 Gentle Springs Lane (Lot 1 of Parcel Map No. 15547) Diamond Bar, CA 91765 PROPERTY OWNER: Ratan Hospitality 259 Gentle Springs Lane Diamond Bar, CA 91765 APPLICANT: Carl Kobbins 8880 Benson Avenue, #100 Montclair, CA 91763 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission recommend City Council approval of Tentative Parcel Map No. 22987 (pursuant to Title 21, Subdivision Ordinance — Section 21.22) is a request to subdivide one existing commercial parcel into three commercial lots. AssocP/Lungu responded to C/Tanaka that her assumption was that the applicant read Condition (p) on page 6, and concurs with it since there has been no objection expressed. AssocP/Lungu indicated to C/Nelson that in her opinion, this proposal increases the opportunity for development of the vacant area. PC/Meyer suggested to Chair/Ruzicka that the Commission consider a condition to create an association so that common CC&R's that are acceptable to the City Attorney would be included. All of the ingress/egress, parking, drainage issues, etc. are dependent upon adjoining parcels. What should be prohibited in the long term is that the parcels, if sold to three independent donors, would have fences built along the property lines. Carl Kobbins, applicant, said he read staff's report and concurs with the proposed conditions. He wasn't certain he understood staff's proposed revision with respect to the cross -lot drainage. PC/Meyer explained to Mr. Kobbins that without the requirement for the common association and various specifications that would include maintenance of the drainage channel, individual owners would not be required to comply with maintenance of the common drainage system. In addition, access to the site is via a private street and not AUGUST 27, 2002 PAGE 7 PLANNING COMMISSION a public street. Therefore, the association would have responsibility for maintaining the street. P. N. Patel, property owner, thanked the Commission for its consideration. He explained the recent purchase of the property and how he proposes to improve the parcels. He questioned some of the proposed conditions. PC/Meyer explained that the property owners concerns could be worked out through the implementation of CC&R's. The City's intent is to insure that all three property owners work together as a unit for the common good of the three parcels. Therefore, staff is proposing the following condition: "The applicant shall prepare Covenants, Conditions and Restrictions for the subject property in a manner acceptable to the City Attorney and the City's Development staff. The CC&R's shall provide for the repair and maintenance of common facilities such as the private -street, drainage facilities, lighting, landscaping, ingress and egress, and off-street parking, etc." Chair/Ruzicka opened the public hearing. There being no one present who wished to speak on this matter, Chair/Ruzicka closed the public hearing. VC/Tye said that when he contemplates a project, he asks himself three questions: Is it good for the City? Is it good for the project? And is it good for the neighborhood? He does not believe that this subdivision meets that stated criteria. This property was owned by one individual who put up a fence/gate to keep out a tenant because of parking problems. Problems would be created on this inaccessible piece of property if the hotel owner decided, due to differences of opinion with the new owner, that they cannot have access. In accordance with this proposal, access to Parcel No. 3 is via an alley. Therefore, access would, by necessity, be through the hotel property. He suggested that if development takes place, that it take place with the current ownership and that the property not be divided into three parcels. PC/Meyer pointed out that the proposed association would address VC/Tye's concerns. Accordingly, access and parking lots would all have common benefit. One parcel could not be blocked off from having access. VC/Tye asked PC/Meyer how subdividing this property would be an improvement over development by a single owner. AUGUST 27, 2002 PAGE 8 PLANNING COMMISSION PC/Meyer pointed out that for example, subdivision of the parcels would create a greater opportunity for financing development by allowing the owner to encumber only one parcel. VC/'Tye moved to recommend City Council denial of Tentative Parcel Map No. 29987. Motion died. for Iack of a second. C/Nolan moved, C/Tanaka seconded, to recommend City Council approval of Tentative Parcel Map No. 22987, the Findings of Fact, and conditions of approval as listed within the resolution including a condition to create an association as proposed by PC/Meyer. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Tanaka, Nelson, Chair/Ruzicka NOES: COMMISSIONERS: VC/Tye ABSENT: COMMISSIONERS: None 7.4 Development Review No. 2002-19 (pursuant to Code Section 22.48.020) is a request to construct a two-story, single family residence of approximately 11,382 gross square feet including balconies, porch, covered patio, attached four -car garage, detached 504 square foot two -car garage, and a guesthouse with porch totally 365 square feet. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 3159 Windmill Drive (Lot 10, Tract 50314) Diamond Bar, CA 91765 Windmill Estates, LLC 3480 Torrance Boulevard #300 Torrance, CA 90503 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-19, the Findings of Fact, and conditions of approval as listed within the resolution. In response to C/Tanaka, DSA/Smith explained that access to this property is from Wagon Train Lane through `"The Country Estates" entry. Kurt Nelson, Windmill Estates, LLC, stated that he reviewed staff's report and concurs with the conditions of approval. This project is a custom pre -sold home. AUGUST 27, 2002 PAGE 9 PLANNING COMMISSION 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 to approve Development Review No. 2002-19, Findings of Fact, and conditions of approval as listed within the resolution with the modification adding a condition that the landscape plan come back to the Planning Commission for review,. He explained that his request for the modification was to prevent suburban "slobber between landscaped and natural areas. VC/Tye seconded the motion as presented. Motion carried by the following Roll Call vote: AYES: COMNIISSIONERS NOES: COMMISSIONER& ABSENT: COMMISSIONERS: Nelson, VC/Tye, Nolan, Tanaka Chair/Ruzicka None None 7.5 Development Review No. 2002-20 (pursuant to Code Section 22.48.020) is a request to construct a two-story, single family residence of approximately 12,395 gross square feet including balcony, porte cochere, covered patio and four -car garage with workshop. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 2877 Oak Knoll Drive (Lot 3, Parcel Map 26235) Diamond Bar, CA 91765 Windmill Estates, LLC 3480 Torrance Boulevard #300 Torrance, CA 90503 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-20, Findings of Fact, and conditions of approval as listed within the resolution. Kurt Nelson, Windmill Estates, LLC, stated he read staff's report and concurred with the conditions of approval as recommended. He explained that this project is also a custom home purchase by a property owner who previously purchased in Phase I of this development. Chair/Ruzicka opened the public hearing. AUGUST 27, 2002 PAGE 10 PLANNING COMMISSION There being no one present who wished to speak on this matter, Chair/Ruzicka closed the public hearing. C/Nelson moved, C/Tanaka seconded, to approve Development Review No. 2002- 20, the Findings of Fact, and conditions of approval as listed within the resolution with the modification adding a condition that the landscape plan come back to the Planning Commission for review. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: Nelson, Tanaka, Nolan, VC/Tye, Chair/Ruzicka None None 5.1 Planning Commission Discussion Regarding Protected Trees. (Continued from August 13, 2002) AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission direct staff as appropriate. Chair/Ruzicka asked for public comment on this matter. There was no one present who wished to speak on this item. Chair/Ruzicka closed the public comment portion for Agenda Item 5.1. Commission discussion ensued. C/Nelson explained thatjust because a tree has naturalized itself does not necessarily mean that it is good for the habitat. He took exception to the term "preserve in place" on page 1 of the memorandum. As it applies to oak, walnut, willow and sycamores he took no exception to the term. However, he took exception to "preserve in place" with respect to Naturalized Pepper Trees. While there may be valid cultural reasons to obtain the peppers, there are exceptions. He cited the following example: Supposing a developer wanted to remove an acre of Coastal Sage Scrub. As part of the CEQA mitigation and sensitive habitat, the City required him to enhance and restore two acres of the scrub at a 2:1 ratio. In attempting to mitigate, the developer found degraded scrub that he needed to restore, if there were Naturalized Pepper AUGUST 27, 2002 PAGE 11 PLANNING COMMISSION Trees growing on the slope, the first thing the expert restoration ecologist would recommend would be the removal of the peppers. Therefore, if it is a protected tree, does that mean that the developer must mitigate for his mitigation - that makes no sense. To leave the pepper in place with literally 10's of thousands of seeds dropping from the Peppers every year there are thousands of opportunities for baby peppers to develop. Soon, the Coastal Sage Scrub is overtaken and all that is left is a Naturalized Pepper woodland that serves no purpose in attempting to retain some of the natural wildlife and vegetative resources in the City. C/Nelson suggested clarifying language in the Tree Preservation and Protection Code. One possible solution would be to break the sentence into three categories of protected species to wit: "Requires the preservation and maintenance of: I) native trees including Oak, Walnut, Sycamore and Willow; 2) significant trees of cultural or historical value; and 3) Naturalized California Pepper Trees where appropriate. Or, Naturalized California Pepper Trees could be included as examples of significant trees of cultural or historical value that would reduce the categories to 2. Further, Item 1 of protected trees could be called "Naturalized Pepper Trees where not growing in native habitats or plant communities. Additionally, the exceptions might include: "The following shall be exempt from provisions of this chapter — Naturalized Pepper where they occur within native habitats and are not a part of an otherwise organized historic landscape area." C/Nelson further stated that his suggestion would be to separate the native from the naturalized pepper to avoid confusion. Peppers are not indigenous and they are not native. In fact, they are highly invasive. At the same time, by separating them out, it can be recognized that they have significant cultural and historic values and that the trees certainly provide for exceptions where appropriate to have them removed without requiring an applicant to mitigate them. C/Nelson offered to work with staff to come up with appropriate language for the Commission's contemplation. VC/Tye asked why the City should care about preserving the pepper trees at all. Why not just eliminate them. C/Nelson responded because of the work done in the middle 1990's to preserve quality specimens growing in an appropriate setting. AUGUST 27, 2002 PAGE 12 PLANNING COMMISSION Chair/Ruzicka directed staff to consider C/Nelson's input and provide alternative Development Code language for consideration by the Commission at a future meeting. S. PLANNING COMMISSION COMMENTS: VC/Tye said that proceeding southerly on Diamond Bar Boulevard near Diamond Crest, the Oak trees appear to be dead. Is the development responsible for preservation of those trees and if so, how do we bring it to their attention. Staff members appeared to agree that the developer was responsible and PC/Meyer said the matter would be pursued. 9. INFORMATIONAL ITEMS: PC/Meyer explained that there is a matter of timeliness when it comes to review of landscape and irrigation plans. He wondered if the Commission would want to pursue the plans from a technical aspect or from a policy standpoint and whether the Commission would want to do so as a body or appoint a subcommittee in order to be more responsive to the developer and keep the process moving. C/Nelson said he was most interested in the species list and where the items would be placed on the property. Chair/Ruzicka agreed with C/Nelson that the City should be attuned to what kind of landscaping was being planted on projects. He does not want to delay the process for the developer. However, he believed the Commission should have an opportunity to consider the matter. PC/Meyer said that staff could provide preliminary details on landscape plans during the development review process if that is the Commission's desire. Or, once a policy is established, the subcommittee could review individual projects in detail. C/Nelson explained that if landscape plans indicating species had been submitted with the project he would not have added such a condition to the resolution. He said he would be happy to serve on a subcommittee. Chair/Ruzicka said he would prefer to have the landscape and irrigation plan submitted with the project plan for approval. VC/Tye pointed out that consideration of a landscape plan is not always under the jurisdiction of the developer. Upon reflection, PC/Meyer thought that the current system for consideration was adequate AUGUST 27, 2002 PAGE 13 PLANNING COMNUSSION 10. SCHEDULE OF FUTURE EVENTS: As scheduled. Chair/Ruzicka reminded the Commission that the City and Chamber of Commerce is co- sponsoring a 9/11 event in honor of last year's terrible occurrence. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Ruzicka adjourned the meeting at 9:34 p.m. Respectfully Submitted, James DeStef o Deputy City Manager Attest: Cha an Joe Ruzic a CITY OF DIAMOND BAR Agenda No. 6.3 . I MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JUNE 13, 2002 CALL TO ORDER: Vice Chairman Morris called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Kashyap led the Pledge of Allegiance. ROLL CALL: Present: Vice Chairman Morris and Commissioners Vinod Kashyap, Liana Pincher and Tony Torng. Chairman Virginkar was excused. Also Present: David Liu, Director of Public Works, John Ilasin, Assistant Engineer; Kirk Phillips, Associate Engineer, Sharon Gomez, Management Analyst and Deputy Diane Dodd, Walnut/Diamond Bar Sheriff's Department. APPROVAL OF MINUTES: A. Minutes of May 9, 2002. C/Torng said he found a significant amount of discussion on the speed hump policy was not included in the minutes. There was a long discussion on the speed hump policy. What he said and why the Commission came to its conclusion was not included. DPW/Liu responded to C/Torng that staff would review the tape. C/Torng asked that the minutes be continued until the next meeting. C/Kashyap agreed that the meeting notes reflect the Commission's decision, not how it got to its conclusion. He asked that a paragraph be added to explain "how we got there." In addition, he wanted his specific comments about drag racing being a specific issue and that the Commission wanted feedback from the Sheriff's Department about what they had done about it (Page 2, Item 1) included in the discussion. He said he was looking for an answer and he does not see any reference to that at all. If a Commissioner makes a recommendation that he expects feedback on, the feedback should be given at the following meeting. The minutes should state clearly what was said, staff should listen to the comments, and if the minutes do not state clearly what was said, correct it. He did not believe it was fair to keep referring to them as new Commissioners. This is Jure 13, 2002 PAGE 2 T&T COMMISSION their fourth meeting. If a recommendation is made by a Commissioner the recommendation should be stated in the minutes. DPW/Liu responded that the matter of drag racing has been brought back by staff this evening as an informational item (Item G). Typically, non agenda items are brought back for discussion at a future meeting when the matter is scheduled as an agenda item for discussion so that the public can be informed and participate in the discussion. He had compared the minutes with his notes. C/Kashyap said -that he believed the Commission should be very cognizant of the fact that there are people in this City for whom this is very important. They take the time to come here and make a point and then we make certain recommendations. If they don't get any comment or feedback, and they have a right to expect it, then it is a reflection on the Commission. They leave believing that the Commission will address their comments and recommendations. He wants the Commission to be a positive reflection in the community and that the concerns of the citizens are addressed. If we say we're going to follow up on something we should follow up on it. VC/Morris announced that approval of the May 9, 2002 meeting would be continued to the July 11, 2002 meeting. Ill. COMMISSION COMMENTS C/Pincher was sorry Chair/Virginkar was absent this evening because she was now prepared to comment on the packet containing suggestions about returning power back to the neighborhoods in order to help control speeders. She particularly liked the LAPD method of incorporating training of citizens to man radar guns and to be part of the solution. She did not know the duties of the City's Volunteer Patrol but they should obviously have the training and expertise to help. She felt this was a neighborhood problem and should be addressed by the neighborhoods in conjunction with the City and law enforcement. C/Kashyap said he would like to reserve his comments until he sees changes to the meeting notes and he would like to agendize that they would revisit these changes again. IV. PUBLIC COMMENTS Martha Bruske, 600 South Great Bend Drive, thanked the Commissioners for what they have said so far this evening. She spoke to them on Item XI. C regarding the gate at the Ortiz home. She does not believe there is anyone in the City who is more concerned about and in favor of code enforcement than she. She believed motor homes should be in storage lots, not on the street and perhaps not in people's back yards. This is a code enforcement issue. It looks like this Commission is being suckered into some type of vendetta of selective enforcement. She did not believe it would help the City (to engage in this type of enforcement) when there are so many other problems in the City. At 5:00 a.m. June 13, 2002 PAGE 3 T&T COMMISSION and 2:00 p.m., it is a "death trap" in and around Lorbeer Middle School. Has that fact been reported to this Commission? Does the Commission have data, pictures or such indication? This is a very serious problem. Tonight she went to Sav-On. The far right lane on Diamond Bar Boulevard was blocked because cars were waiting to pull into the gas station. C/Kashyap asked Mrs. Bruske to elaborate on "personal vendetta." Mrs. Bruske said the personal vendetta is on behalf of the code enforcement officer against this particular individual. She also believed that if he had the opportunity, he (the code enforcement officer) would find something wrong at her house and at the home of every one of her friends who ever speak out against what's going on in this City. C/Kashyap asked Mrs. Bruske if she was saying that the Code Enforcement Officer had a vendetta against Mr. Ortiz. Mrs. Bruske said"yes", I think I would say that. VC/Morris said that there has been no action taken on Item XIG at this time. This item is being received as an informational item from staff this evening. Lorbeer Middle School was part of the School Traffic Safety Study. Because of the study the Los Angeles Sheriff's Department is being paid overtime to conduct enforcement at the school and he has seen numerous citations issued at Lorbeer Middle School. This is a situation that occurs at every school in the community. Monitoring of the school traffic situation is an ongoing effort for the City and the Sheriff's Department. DPW/Liu pointed out that later this evening and at every Commission meeting, the Sheriff's representative presents an update on traffic enforcement. On Page 6 of the report the statistics indicate that 96 hazardous citations were issued at Lorbeer Middle School during the three-month period from January 1 through the end of March 2002. Daniel Wang, 787 Leyland Drive, is concerned about speeding traffic on his street. The stop sign installation on Benfield Place helps but it is not enough. He feels installation of a speed hump on his street would benefit the neighborhood and help to slow the traffic. A couple of times he witnessed low riders drag racing on Leyland Drive. There is a lot of cut -through traffic on his street from Grand Avenue to Longview Drive. He would like to have approval for a speed hump on his street so that the residents could enjoy a "good night" sleep and their children could play safely in their yards and driveways. Mr. Wang responded to C/Kashyap that Leyland Drive is a very straight street that slopes down from Summitridge Drive. People tend to forget how fast they are driving. June 13, 2002 PAGE 4 T&T COMMISSION Jian Tsai, 791 Leyland Drive, spoke about the speeding vehicles on Leyland Drive between Benfield Place and Highcrest Drive. This is a very serious problem although it is less of a problem than Goldrush Drive. He suggested that the Commission tackle this problem as a single item — combine Leyland Drive and Goldrush Drive as a single problem. Many cars travel in excess of 40 mph. Additionally, there is a lot of overflow traffic from other residential neighborhoods. He asked the Commission to study the possibility of installing a video camera on his street. C/Torng said that previously, residents asked to have a stop sign installed on Newbury Way between Benfield Place and Highcrest Drive. He asked Mr. Tsai if he thought such a mitigation measure would help. Mr. Tsai said he thought a stop sign would help a little bit. He and others signed a petition to install a stop sign and it was rejected by the Commission. C/Kashyap told Mr. Tsai that when this matter was discussed at a previous meeting staff was given direction to look at the whole package including video cameras, stop signs and other ideas for possible mitigation. Al Rumpilla, 23958 Golden Springs Drive, said that this Commission has been deceived as far as he is concerned regarding Mr. Ortiz's gate. This matter should have been presented to the Planning Commission and should not have been referred to the Traffic and Transportation Commission. He invited the Traffic and Transportation Commission to visit Mr. Ortiz's property from the street and then in their minds see if the Commissioners could write a citation for ,an illegal gate. He questioned the inspection of the neighborhood conducted by code enforcement and their contention that they just happened to go by Mr. Ortiz's property and found this "violation." Before Diamond Bar was a City certain things were done in the community under county ordinances. One of these things was what Mr. Tom Ortiz had done. Mr. Tom Ortiz could not have put a cut driveway without Los Angeles County's permission. The problem is that no one can seem to find proof of what was done on Mr. Ortiz's property. Mr. Ortiz had to have a permit from the County to do the curb cut in 1976. Therefore, if he had a variance to do so, one would have to also assume that he applied for a gate permit under its current design. Since this was done prior to City incorporation, it should be "grandfathered" in. He does not understand why the City is going after Mr. Ortiz on this matter unless, as he believes, it is a vendetta by a Code Enforcement Officer against a man who ran for City Council. The City says it's a notice, not a citation. Whatever it is, it shouldn't have been written in the first place. He asked the Commission to grant Mr. Ortiz a variance under the grandfather clause and leave the gate alone. Secondly, he believed it would be the recommendation of staff tonight to refer this matter to the Planning Department. The Commission should recommend that this matter be referred to the Planning Commission and grant Mr. Ortiz time to conduct research into the matter. June 13, 2002 PAGE 5 T&T COMMISSION C/Kashyap stated that at the last Commission meeting staff was instructed to research the code to see if Mr. Ortiz could be granted the opportunity to maintain the current gate and arrange for supervised ingress/egress. Since the last meeting he has taken several opportunities to look at Mr. Ortiz's property. In his opinion, Mr. Ortiz's RV is in prison. He believed the entire situation was totally unsatisfactory and should be expediently resolved. He agreed wholeheartedly with Mr. Rumpilla. In fact, he made the same point to staff during the last Commission meeting. There is no way that Mr. Ortiz could have had the access and gate without the drop curb Mr. Rumpilla referred to. He concurred with Mr. Rumpilla with one exception. He did not feel that it was right or fair to claim there was a vendetta against Mr. Ortiz until that fact is ascertained. Tom Ortiz reiterated the fact that he hired a contractor to construct his block wall and driveway. He obtained a permit from the County of Los Angeles. DPW/Liu has attempted to obtain a copy of the permit but has been unable to locate such a document. He, too, attempted to obtain a copy of the permit from the County and it appears to be non-existent. He believes this is a vendetta. C/Kashyap said he sees himself as an extension of the City. Mr. Ortiz said although it wasn't reflected in the minutes, he asked for due process when he spoke at the last meeting. Melanie Southard, 22932 Sunset Crossing Road, said that when she was here at the last meeting she mentioned the speeding and drag racing on Sunset Crossing Road by the baseball field. She was very happy that the Sheriff"s Department put a radar trailer on her street and she believed it showed the Sheriff's Department to be visible and that they recognized there is a problem. In listening to other speakers, there definitely is a citywide problem. It is not just her street. She heard C/Pincher mention about the LAPD packet and sending out letters. She thought it was a great idea. The City can't have a deputy on every street and every corner. Perhaps something like the letter would work. It is one juvenile who speeds up and down her street. She wasn't sure a stop sign would solve the problem but she thought a letter to his parents might help. This juvenile does not live in her tract. She is not even certain if he is a resident of Diamond Bar. She walks her dog every night and cannot cross the street at Old Trail Drive because cars come around the corner too fast. She would like to see a speed survey. The trailer helped but when it is gone cars speed up again. She would like to see a stop sign at Chaparral Drive and Prospectors Road. She does not want speed humps on her street because they cause too much noise. She feels the Sheriff's Department is doing all that they can do because as soon as she calls with a problem an officer is dispatched to her neighborhood hoping to catch the speeders. VC/Morris suggested Ms. Southard provide the Sheriff's Department with the plate number and description of the vehicle. He believed that Ontario passed an ordinance providing for an automatic impounding of vehicles when they are involved in drag racing. June 13, 2002 PAGE 6 T&T COMMISSION V. CONSENT CALENDAR None VI. ITEMS FROM STAFF A. Traffic Enforcement Update — presented by Deputy Diane Dodd. Deputy Dodd explained that more citations have been issued in the area of Lorbeer Middle School because the Sheriff's Department is aware of the problems in that area. The number does not include special operations such as crosswalk stings. Numerous citations are also given out on Leyland Drive.--- She offered -to supply a count. Following -the May 9 Commission meeting, the traffic trailer was placed on Sunset Crossing Road. The department has not been able to catch the perpetrator but they are aware of the problem and continue to monitor the situation. Deputy St. Amant would like to have block captains involved with the packet referred to by C/Pincher. Effective today, two dedicated traffic deputies are assigned to the p.m. shift. VC/Morris commended Deputy Dodd for an excellent report and the deputies for an excellent job. VII. OLD BUSINESS None VIII. NEW BUSINESS A. Speeding Concerns on Gold Rush Drive. MA/Gomez presented staff's report. Staff recommends that the Traffic and Transportation Commission received and file this report. B. Consideration of placing a Stop Sign at Woodleaf Drive/Golden Prados Drive. AE/ilasin presented staff's report. Staff recommends that the Traffic and Transportation Commission concur with staff to conduct and coordinate with the private property owners to remove or partially remove, where possible, the visibility obstructions. Furthermore, it is recommended that the Traffic and Transportation Commission concur with staff for installation of one (1) Side Road warning sign on Golden Prados Drive approximately 250 feet south of Woodleaf Drive. C. Consideration of Stop Sign at Cliffbranch/Roundtree Circle. Nick Guillen, 1728 Roundtree Circle, was concerned that about every third car ascending Cliff branch Drive appears to be speeding. Traffic proceeding down the south side of Cliff branch Drive is not really an issue because there June 13, 2002 PAGE 7 T&T COMMISSION is good visibility. Driving east from Roundtree Circle sight visibility is bad. He was shocked that there had been only one accident on his street. Children play and ride their tricycles and bicycles on that street and he is concerned that one or more will be critically injured. Many people speed but the real concern is for the residential neighborhoods. Young people especially do not realize the potential damage that can be done by a speeding vehicle. Speed trailers really help the situation. In response to C/Kashyap, Mr. Guillen felt the Sheriff's Department was doing an excellent job in the City. He believed the speed trailer was a very good deterrent. He did -not necessarily believe that sending letters was a good idea because he felt the practice might be abused. Stop signs are good deterrents and he suggested one could be placed on both sides of Roundtree Circle to slow the traffic. Karen Johnson, 1701 Cliffbranch Drive, said her street is like a speedway. She would applaud installation of a stop sign. There have been many instances when she was nearly hit. Jane Washeleski, 1709 Roundtree Circle (second house from the corner), favored installation of a stop sign. C/Pincher was very concerned that people have a sight visibility problem as well as speeding. C/Torng agreed and therefore would recommend installation of a stop sign. C/Kashyap felt that this was a two-part issue — one an issue of visibility and the other an issue of speed. If the stop sign would partially address the speed issue it would be good to address that issue now and address the visibility issue at another time. C/Torng moved, C/Pincher seconded, to recommend approval of a three- way stop at Cliffbranch Drive and Roundtree Circle. Motion carried by the following vote: AYES: COMMISSIONERS: Torng, Pincher, Kashyap, and Morris NOES: None ABSENT: None RECESS: VC/Morris recessed the meeting at 9.15 p.m. RECONVENE: VC/Morris reconvened the meeting at 9:24 p.m. June 13, 2002 PAGE S T&T COMMISSION IX, STATUS OF PREVIOUS ACTION ITEMS: DPW/Liu reported that at its May 21St. meeting, the City Council approved the Traffic and Transportation Commission's recommendation to install three way stop signs at the intersection of Summitridge Drive and Softwind Drive. At its June 4 meeting, the City Council approved the plans and specifications for the proposed traffic signals at three locations: Diamond Bar Boulevard at Silver Hawk Drive; Diamond Bar Boulevard at Clear Creek Canyon Drive, and Golden Springs Drive at Sylvan Glen Road. Also that evening the Council approved the on -street parking request in the 700 block of North Diamond Bar Boulevard. At the Council's June 18 meeting, staff will recommend a five-year residential street name signs award of contract with Safeway Company. X. ITEMS FROM COMMISSIONERS: VC/Morris felt there were some very good items in the packet. He suggested a community meeting with Deputy St. Amant. In November the Commissioners will have an opportunity to attend a commissioners meeting sponsored by traffic engineers group at CalPoly. It is an excellent source of information and he strongly recommends all Commissioners to attend. C/Torng re-emphasized the Leyland Drive issue. If the Leyland Drive problem is solved it may solve some of the Goldrush Drive problem. He strongly urged staff to give this matter priority and commence to study the issue as soon as possible. If there was an opportunity to install a speed hump on the street it would be a good beginning. He asked if the Commission planned to visit Mr. Ortiz. C/Pincher said she drove by Mr. Ortiz's house and observed the condition. C/Kashyap had two main issues. He felt something should be done fairly quickly about the drag racing issue. He was also equally concerned about the fact that Mr. Ortiz had done absolutely nothing wrong and was a victim of circumstance. His issue should go away as quickly as possible. VC/Morris requested staff to find out what type of ordinance Ontario passed in conjunction with drag racing and to determine whether such an ordinance would be feasible for Diamond Bar. C/Kashyap asked DPW/Liu if he had an opportunity to discuss the Ortiz matter with DCM/DeStefano. VC/Morris referred C/Kashyap to staff's report and upcoming Informational Item C. XI. INFORMATIONAL ITEMS: C. Resident Request for Encroachment Permit. June 13, 2002 PAGE 4 T&T COMMISSION 0 DPW/Liu reported that he spoke with DCM/DeStefano about this matter. A letter dated June 12 was sent to Mr. and Mrs. Ortiz explaining that the City reviewed his request to obtain a variance/encroachment permit for the condition at his property. At this time the City has found no prior document that would permit the existing gate. Therefore, a variance would not be available for the gate nor would the City permit the gate to be opened at any time over the public right-of-way. The City's Municipal Code specifically prohibits this type of condition. The City has given Mr. Ortiz until July 15 to correct the condition. In addition, this is an issue that is not and would not be a matter before -the Traffic and Transportation Commission for consideration. C/Kashyap stated that common sense would tell you that you could not install drop curbs without obtaining a permit. It took the City 12 years to determine that Mr. Ortiz had done something wrong. Twelve years is a long time. Regardless of what was heard tonight, this is about a traffic problem within the public right-of-way. Anytime anything impacts the traffic it is very clear that it is a Traffic and Transportation Commission issue. if it is not, why has the Commission been debating this issue? How many other people in the City have been cited who have the same (situation). He has seen three or four violations on his street and he is not aware that other people have been cited or issued a notice. Mr. Ortiz, it seems to him, is the only person in the City of Diamond Bar who fits in this category and he wants to know why he has been singled out. If he has been singled out we need to know why. If there is a good reason for it we need to hear it. If there is no good reason to hear about it I suggest we go to the City Council with this. He recommended that staff go to the City Council with it and put it to an end. He further stated that he will start communicating with the City Council as a Traffic and Transportation Commissioner and he's going to take it to a head. DPW/Liu explained that there is a process in place at this time. The process began three months ago. For three months staff has worked very closely with and attempted to assist Mr. and Mrs. Ortiz on this issue. The City has followed up with a letter to Mr. and Mrs. Ortiz. There are options available to Mr. Ortiz. C/Kashyap stated his dissatisfaction with the procedures. VC/Morris asked for decorum and asked that staff be allowed to finish presenting its report. C/Kashyap said he does not consider this item to be finished. Adelphia Parking Needs on Brea Canyon Road — Report by AE/Phillips. June 13, 2002 PAGE 10 T&T COMMISSION B. Area 4 Slurry Seal Project C. Street Light Concern at Carpio Drive/Golden Springs Drive D. City Council Goals & Objectives E. Street Sweeping Parking Regulation Update F. Speeding Concerns on Sunset Crossing Road G. Future Agenda Items - - XII. SCHEDULE OF FUTURE CITY EVENTS — as agendized. In response to C/Kashyap, DPW/Liu stated that staff works with all of the Commissioners. More importantly, the Chair conducts the meeting. VC/Morris is the Chair this evening and has complete authority over the way the meeting is conducted. XIII. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Vice Chairman Morris adjourned the meeting at 9:51 p.m. Respectfully, /s/ David G. Lau David G. Liu, Secretary Attest: /s/ Roland Morris_ Vice Chairman Roland Morris �� CITY OF DIAMOND BAR Agenda No. 6.3.2 MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION JULY 11, 2002 CALL TO ORDER: Chairman Virginkar called the meeting to order at 7:19 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Chairman Virginkar led the Pledge of Allegiance. ROLL CALL: Present: Chairman Virginkar, Vice Chairman Morris and Commissioners Vinod Kashyap, and Tony Torng. Commissioner Liana Pincher was excused. Also Present: David Liu, Director of Public Works, John Ilasin, Assistant Engineer, Sharon Gomez, Management Analyst, Debbie Gonzales, Administrative Assistant and Deputy Mark St. Amant, Walnut/Diamond Bar Sheriff's Department. APPROVAL OF MINUTES: A. Minutes of May 9, 2002. VC/Morris moved, C/Torng seconded, to approve the minutes of the May 9, 2002 meeting as presented. Without objection, the motion was so ordered. B. Minutes of June 13, 2002. Following a lengthy discussion regarding C/Kashyap's contention that comments he requested to be included in the minutes were omitted, Chair/Virginkar asked that the matter of approval of the minutes for the June 13, 2002 be continued to the August 8, 2002 meeting. Ill. COMMISSION COMMENTS None Offered. IV. PUBLIC COMMENTS Kuei-Chiu (K.C.) Lin, 3315 Falcon Ridge Road, said that the main street entering her tract is at the intersection of Diamond Bar Boulevard and Cold Spring Lane. Diamond Bar Boulevard and Brea Canyon Road are two convenient pass-through roads for Orange County and Chino Hills traffic. As a result, residents pay a price for heavy daily traffic on Diamond Bar Boulevard. It is a dangerous intersection where motorists frequently make U-turns and impede traffic flow. When she travels from north Diamond Bar she must wait for an opportunity to make a left turn — sometimes through two or three green lights -- because there is no left turn signal. She hoped that the City would one day recognize the problems associated with the intersection and install "No U-turn" JULY 11, 2002 PAGE 2 T&T COMMISSION signs and left hand turn signals. She provided information to support her concerns and asked the City to provide a solution. ChairNirginkar asked staff to agendize this matter for discussion at the August 8, 2002 Traffic and Transportation Commission meeting. Tom Ortiz, 3308 Hawkwood Road, said that staff provided him with a letter from DCM/DeStefano this evening addressing his gate problem. He requested that DPW/Liu read the letter. Mr. Ortiz asked if he could now drive the RV out of his gate to which DPW/Liu responded yes, that there would be no enforcement, and the City is requesting -voluntary compliance.- He felt all Commissioners shared equal authority and should be given the right to speak on any matter. If a Commissioner requests that his comments be placed on the record, it should be done. He agreed that the Diamond Bar Boulevard and Cold Spring Lane intersection is a problem. V. CONSENT CALENDAR None RECESS: ChairNirginkar recessed the meeting at 7:55 p.m. RECONVENE: ChairNirginkar reconvened the meeting at 8:04 p.m. VII. ITEMS FROM STAFF A. Traffic Enforcement Update — presented by Deputy Mark St. Amant. VC/Morris asked Deputy St. Amant if the Sheriff's Department could provide a comparison of cites versus accidents for cities of similar size to Diamond Bar. Deputy St. Amant responded that Chino Hills is very comparable to Diamond Bar and he will provide a comparison between the two cities at the August 8 meeting. V11. OLD BUSINESS A. Speeding Concerns on Gold Rush Drive. MA/Gomez presented staff's report. Staff recommends that the Traffic and Transportation Commission review and discuss all traffic mitigation options. Kwang Ho Lee, 23746 Gold Rush Drive, recommended that the Commission consider following mitigation measures for his street; 1) extend the left turn lane by 40 feet from Diamond Bar Boulevard onto Gold Rush Drive to accommodate the current and future traffic volumes, 2) complete the unfinished sidewalk area at the eastbound entrance of Gold Rush Drive from Diamond Bar Boulevard, 3) install three-way stop signs at the JULY 11, 2002 PAGE 3 T&T COMMISSION intersection of Gold Rush Drive and Chandelle Place and 4) install two automated red light enforcement systems at the intersections of Diamond Bar Boulevard at Grand Avenue and Diamond Bar Boulevard at Gold Rush Drive. Residents have expressed these interests and problems to the City. To date, nothing has been done. Since 1985 the sidewalk has been left unfinished and the left turn lane pocket has not been extended since many new homes were built in the area. Thomas Poulson, 23737 East Gold Rush Drive, thanked MA/Gomez for her work. He felt the proposed mitigation measures were expensive but would be worth the money if it saved a life. He proposed closing the street at Pantera Drive for three months. VC/Morris felt the City should take the opportunity to look at Gold Rush Drive, Armitos Place, Summitridge Drive and Longview, the four feeder streets that serve the area as well as, the Parks and Recreation Department's use of Pantera Park because those activities have added traffic to the area. C/Torng felt the Commission should act soon to initiate good faith mitigation measures. DPW/Liu said that in the event the Commission requests staff to bring back remedies that can expeditiously be initiated, they will begin working on consideration of options for the next meeting. Staff met with Mr. Lee to discuss problems he identified. Staff favors installation of a multi -way stop sign on Gold Rush Drive at Chandelle Place if warranted. He believed that extending the left turn bay on Diamond Bar Boulevard at Gold Rush Drive might not be cost-effective. The left turn timing is already at maximum and a forty -foot extension would accommodate only two additional vehicles. Chair/Virginkar asked that two items be separately agendized for discussion next month — the matter of the left turn signal queue on Diamond Bar Boulevard at Gold Rush Drive and a three-way stop on Gold Rush Drive at Chandelle Place. VC/Morris moved, C/Torng seconded, to recommend to the City Council that the Decorative Asphalt Street Printing System be implemented on Gold Rush Drive during the slurry seal process, if possible, as a pilot program to determine its viability. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Kashyap, Torng, VC/Morris, Chair/Virginkar None Pincher JULY 11, 2002 PAGE 4 T&T COMMISSION C/Torng moved, C/Kashyap seconded, to recommend the City Council tc implement the Strict Citation Issuance Program on Gold Rush Drive. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kashyap, Torng, VC/Morris, ChairNirginkar NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Pincher ChairNirginkar asked that the remaining items be brought back to the Commission for discussion along with the items proposed by, Mr. Lee. Further, staff is directed to provide information on Item 4 (Photo -Radar Speeding Enforcement System) and how effective that mitigation system has been for the City of San Jose, and Item 7 (Neighborhood Traffic Watch Program) and how effective that mitigation measure has been for the City of La Verne. VIII. NEW BUSINESS A. Speeding Concerns on Leyland Drive AE/Ilasin presented staff's report. Staff recommends that the Traffic and Transportation Commission receive public testimony, review and discuss all available traffic mitigation options for Leyland Drive. Jian Tsai, 791 Leyland Drive, said traffic problems have increased on his street. His number one concern is speeding. He worries about the safety of his children. He was also concerned about drag racing on his street. He does not believe that the City is currently employing techniques to mitigate the situation and asked the Commission to find the ultimate solution without involving a sheriff's deputy. One possible solution would be to install speed humps. As an interim solution, the Council might consider installing a stop sign on Leyland Drive at Newbury Way. Mr. Tsai responded to C/Kashyap that most of the drag racing occurs from 10:00 p.m. to midnight on weekends. Gordon Lee, 933 Leyland Drive, was concerned about the skate boarders using the street at night when it is dark. He asked the City to do something about the speeding on his street. He appreciates the stop sign and enforcement. DPW/Liu responded to C/Torng that once stop signs are installed, they should not be moved or modified. Stop signs are warranted for safety mitigation. JULY 11, 2002 PAGE 5 T&T COMMISSION VC/Morris preferred locating a stop sign at Wynnewood Drive if it met the warrant study. C/Torng reminded the Commission that residents indicated the major area of concern regarding speeding was between Highcrest Drive and Newbury Way. He felt it would be better to consider a stop sign on Wynnewood Drive at a later time after staff has had an opportunity to evaluate the matter. VC/Morris respectfully disagreed with C/Torng because he felt the problem originated at the other end of Leyland Drive from Summitridge Drive toward Highcrest Drive. In addition, that portion of the street has a higher grade. Between Benfield Place and Newbury Way there are 10 residences and no side streets. Between Wynnewood Drive and Summitridge Drive there are two side streets that carry traffic onto Leyland Drive. C/Kashyap felt stop signs should be installed in both locations at this time. C/Torng concurred. He believed that by installing stop signs it would also mitigate speeding on Gold Rush Drive. C/Torng moved, C. Kashyap seconded, to recommend installation of two multi -way stop signs on Leyland Drive at Newbury Way and Wynnewood Drive if warranted. DPW/Liu reminded the Commission that this matter was placed on tonight's agenda for discussion of all available traffic mitigation options. There has been no public notification about discussion regarding installation of stop signs. He recommended that the Commission request staff to notify residents about the recommendation for installation of multi -way stop signs at the two locations. If it is the Commission's desire to move this matter forward, the recommendation would be forwarded to the City Council and residents would be invited to the appropriate meeting to comment on the matter. It would be preferable to ask the residents to come before the Traffic and Transportation Commission to comment on this matter. Based on staff's recommendation, C/Torng withdrew his motion and requested staff to have this agendized as a recommendation on the August 8 agenda. DPW/Liu stated that staff's intent is to notify residents along Leyland Drive between Highcrest Drive and Summitridge Drive as well as, residents along the adjacent side streets (Newbury Way, Benfield Place, Wynnewood Drive, Barker Drive, etc.). IX. STATUS OF PREVIOUS ACTION ITEMS: DPW/Liu reported that the Commission's recommendation for multi -way stops signs on Cliffbranch Drive at Roundtree Circle has been placed on the City Council's agenda for Tuesday night. r� JULY 11, 2002 PAGE b T&T COMMISSION Next Tuesday night the Council will consider three sets of resolutions pertaining to the speed hump policy. DPW/Liu stated that tonight the City Council held a neighborhood meeting with the residents of Longview Drive/Summitridge Park area to discuss the Community/Senior Center project. X. ITEMS FROM COMMISSIONERS: C/Torng is pleased that the Commission is moving forward and putting mitigation measures into place for the good of the residents. He received complaints about the City doing nothing and he felt the City should explain the many things that have been accomplished to the residents through improved communication. He advised staff that there is a large pothole on Pathfinder at Brea Canyon Road in the plaza between the Chevron station and Denny's Restaurant. DPW/Liu explained that the area of concern is private property. Staff can make a site visit to advise the property management firm about the condition. C/Kashyap thanked ChairNirginkar for helping him resolve concerns he had about conduct of meetings. He thanked MA/Gomez for a fine job presenting her reports. He thanked AA/Gonzales for the mugs and shirts. VC/Morris asked staff to review the signal timing on Golden Springs Drive at Calbourne Drive. Deputy St. Amant referred VC/Morris to Vehicle Code 27007 that applies to excessive noise from loud car speakers. XI. INFORMATIONAL ITEMS: None Offered. XII. SCHEDULE OF FUTURE CITY EVENTS — as agendixed. ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chairman Virginkar adjourned the meeting at 10:28 p.m. Attest: /s/ Arun Virginkar Chairman Arun Virginkar Respectfully, _ /G/ David C- T -au David G. Liu, Secretary CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager V TITLE: Approval of Voucher Register elated September 26, 2002. RECOMMENDATION: Approve Voucher Register dated September 26, 2002. FINANCIAL IMPACT: Voucher Register - $824,988.41. Agenda # Meeting Date: October], 2002 AGENDA REPORT BACKGROUND: At the September 10, 2002 City Council meeting, the City established a policy of issuing accounts payable checks on a weekly basis with City Council ratification and approval at its next regularly scheduled City Council meeting. DISCUSSION: The list of accounts payable bills, in the form of a voucher register, was reviewed and recommended for payment by the Finance Subcommittee, The Finance Subcommittee reviewed the Voucher Register dated September 26, 2002 in the amount of $824,988.41. The voucher register is now being presented to the City Council for ratification and approval, PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Departmen Head Attachments: Voucher Register — 09/26/2002 ft—V Deputy Cify Manager CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro Tem O'Connor and Councilmember Huff FROM: Linda G. Magnuson, Finance Director P1r\ SUBJECT: Voucher Register, September 26, 2002 DATE: September 26, 2002 Attached is the Voucher Register dated September 26, 2002. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to the creation of the warrants. The Voucher Register will subsequently be entered on the consent calendar for the City Council meeting on October 1, 2002. The checks will be produced after the scheduled meeting time and any recommended changes are made. Please review and sign the attached. CITY OF DIAMOND BAR VOUICHER REGISTER APPROVAL The attached listing of vouchers da -at September 26, 2,0C.-. have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts F�ND 1 'rE5CRIPTI1N PREPAID VOUCHERS TOTAL O0l OEN�RAL FUN� 117,4V6.11 55V,211.�9 �67,617.40 112 PROP A - TRANSIT FUND 15,411.62 15,�11.62 .00 115 INTEGRA?ED WASTE MGT FUWD .00 10,489.�7 10,489.57 118 A}R IMPR FD (AB2766) .00 102.4 02.48 1.25 CCM DEV BLK GRANT FUND' .08 6,290.50 6,29D.50 126 CJTlZENS OPT-9U8L3C �FTY .00 1,r01.92 1,001.82 13zD LLAD #38 FUND .0C 8,725.50 8,725.50 139 LLAD #�9 FUND .0� 4,675.73 4,675.73 �4� LLAD #41 FUN .00 2,956.85 2,956.85 250 CAPITAL IMPROV/PROJ FUND .00 107,716.94 1O7,71 94 R£PORT F�R ALL J�:UmDS 707,582.30 824,9G8.41 ,406.l1 Finance Dtrector Citv Manager ^� �� � ' ~� Deborah H. O'Connor May�r Pro Tem AJAX SIGN GRAPHICS INC 0014090-41200-- 12173 15240 ENGRAVE SVCS -NAMEPLATE 16.49 TOTAL PREPAIDS •00 TOTAL VOUCHERS 16.49 TOTAL DUE VENDOR 16.49 ALL AMERICAN CRANE 001-23002-- 52549 PARK DEP REF UND_REAGAN PK 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 ALPERT'S PRINTING INC CITY OF DIAMOND BAR RUN DATE: 09/25/2002 13:40:51 24847 PRINT SVC$ VOUCHER REGISTER PAGE: 1 0014095-42110-- 24900 PRINT SVCS DUE THRU: 09/26/2002 59.13 TOTAL PREPAIDS PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK 4 -CON ENGINEERING INC TOTAL DUE VENDOR 2505310-46415-15502-46415 12279 0002002-02 INSTALL -DRINKING FOUNTAIN 2,500.00 001535045300-- TOTAL PREPAIDS .00 95.00 TOTAL VOUCHERS 2,500.00 .00 TOTAL DUE VENDOR 2,500.09 ADAPT CONSULTING INC TOTAL DUE VENDOR _ 1155516-41400-- 12337 2299E FILTER -RECYCLING LOGO 391.30 0015510-42315-- TOTAL PREPAIDS .00 141.25 TOTAL VOUCHERS 391.30 .00 TOTAL DUE VENDOR .391.30 ADVANCED APPLIED ENGINEERING INC TOTAL DUE VENDOR 0015554-44520-- 12322 12151 TRFFC ENG -SVCS -STOP SIGNS 2,625.00 0015510-42315-- TOTAL PREPAIDS .00 226.00 TOTAL VOUCHERS 2,625.00 .00 TOTAL DUE VENDOR 2,625.00 AJAX SIGN GRAPHICS INC 0014090-41200-- 12173 15240 ENGRAVE SVCS -NAMEPLATE 16.49 TOTAL PREPAIDS •00 TOTAL VOUCHERS 16.49 TOTAL DUE VENDOR 16.49 ALL AMERICAN CRANE 001-23002-- 52549 PARK DEP REF UND_REAGAN PK 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 ALPERT'S PRINTING INC 0014010-42110-- 24847 PRINT SVC$ -BUS CARD 74.28 0014095-42110-- 24900 PRINT SVCS -BUS CARD 59.13 TOTAL PREPAIDS .00 TOTAL VOUCHERS 133.41 TOTAL DUE VENDOR 133.41 ALEjANDRA ALVARE2 001535045300-- VOLUNTEEN STIPEND -2002 95.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 95.00 TOTAL DUE VENDOR _ 95.00 AMERICAN PUBLIC WORKS ASSOCIATION 0015510-42315-- MEMBERSHIP DUES -D LIU 141.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS 141.25 TOTAL DUE VENDOR 141-25 AMERICAN SOCIETY OF CIVIL ENGINEERS 0015510-42315-- 3359699 MEMBERSHIP DUES -D LIU 226.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 226.00 TOTAL DUE VENDOR 226.00 • CITY OF DIAMOND BAR 0014050-42110-- RUN DATE: 09/25/2002 13:40:51 207.45 VOUCHER REGISTER PAGE: 2 .00 DUE THRU: 09/26/2002 207.45 TOTAL DUE VENDOR. 207,45 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVCiC`DESCRIPTION AMOUNT DATE CHECK SRIAN ANDERSON TOTAL PREPAIDS .00 0015350-45300-- TOTAL VOUCHERS VOLUNTR'EN STIPEND -2002 65.00 TOTAL DUE VENDOR 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85.00 TOTAL DUE VENDOR 85.00 APPLEONE EMPLOYMENT SERVICES 0014040-44000-- 12509 CA4236939 TEMP SVCS -WK 8/17 480.63 0014040-44000-- 12549 CA4233886 TEMP SVCS -WK 8/10 500.12 0014040-44000-- 12345 CA4230919 TEMP SVCS -WK e/3 519.60 TOTAL PREPAIDS .00 TOTAL VOU=H RS - 1,500.35 TOTAL DUE VENDOR 1,500.35 AT&T 0014090-42125-_ LONG DIST CHRG-GENERAL 156.68 0015340-42125-- - LONG DIST CHRG-HERITAGE 14.08 TOTAL PREPAIDS .00 TOTAL VOUCHERS 170.76 TOTAL DUE VENDOR 170.76 AT&T WIRELESS SERVICES 0014415-42125-- CELL CHRGS-V/PATROL 26.31 1264411-42125-- CELL CHRGS-SHERIPP 26.31 0014090-42125-- CELL CHRGS-POOL VEH 172.55 TOTAL PREPAIDS .00 TOTAL VOUCHERS 225.17 TOTAL DUE VENDOR 225.17 SHANNON 3AILEY 0015350-45300-- VOLUNTEEN STIPEND -2002 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 3ALDWIN PUBLICATIONS INC 0014050-42110-- 6633 PRINT SVCS-P/R CHECKS 207.45 TOTAL PREPAIDS .00 TOTAL VOUCHERS 207.45 TOTAL DUE VENDOR. 207,45 JOSHUA SATIN 0015350-45300-- - VOLUNTEEN STIPEND -2002 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 BRITTANY RPTANCOURT 0015350-45300-- VOLUNTEEN STIPEND -2002 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 CITY OF DIAMOND BAR RUN 'DATE: 09/25/2002 13:40:51 VOUCHER REGISTER PAGE: 3 DUETh'RU: 09/26/2002 PREPAID FUND/SECT-ACCT-PR0.7ECT-ACCT PO # INVOICE DESCRIPTION AMOUNT PATE CHECK APRIL BLAKEY 0014095-42330-- REIMB-3CMA CONE 98.18 TOTAL PREPAIDS -00 TOTAL VOUCHERS 98-18 TOTAL DUE VENDOR 98.18 BOIS£ CASCADE OFFICE PRODUCTS 0014030-41200-- PO/12318 SUPPLIES-CITY MANAGER 13.71 0015510-41200-- PO/12318 SUPPLIES-PUBLIC WORKS 42.20 0015510-41200-- PO/12316 SUPPLIES-PUBLIC WORKS 23.90 0014090-41200-- PO/12318 SUPPLIES-GENERAL 192.28 0015350-41200-- PO/12318 SUPPLIES-RECREATION 9.79 0014090-41200-- PO/12318 SUPPLIES-GENERAL 1.13 0015510-41200-- PO/12315 SUPPLIES-PUBLIC WORKS 61.77 0015350-46250-- PO/12318 SUPPLIES-RECREATION 305.37 0014040-41200-- PO/12318 SUPPLIES-CITY CLERK - 53-10 0015340-41200-- PO/12318 CREDIT MEMO-RECREATION -65.43 001521G-41200-- PO/12316 SUPP%SES-BLDG & SFTY 24.53 0015350-41200-- PO/12318 SUPPLIES-RECREATION 7.68 0014095-41200-- PO/12318 SUPPLIES-PUBLIC INFO SVCS 61.77 0014050-41200-- PO/12318 CREDIT MEMO-FINANCE -21.93 0015210-41200-- PO/12318 SUPPLIES-PLANNING 48.93 0014060-41200-- PO/12318 SUPPLIES-H/P 33.50 0014090-41200-- PO/12318 SUPPLIES-GENERAL 197.74 0014090-4120G-- PO/12318 SUPPLIES-GENERAL 198.04 0014090-41200-- PO/12318 CREDIT MEMO-GENERA, -1.13 0015350-41200-- PO/12318 SUPPLIES-RECREATION 34.08 0014090-41200-- F0/12318 BUPPT,TES-GENERAL 187.30 0014090-41200-- PO/12318 SUPPLIES-GENERAL 62.17 0015350-4120.0-- PO/12318 SUPPLIES-RECREATION 187.28 0015350-41200-- PO/12318 SUPPLIES-RECREATION 36.90 0015510-41200-- PO/12318 CREDIT MEMO-P/WORKS -17.34 0015510-41200-- PO/12318 SUPPLIES-PUBLIC WORKS 28.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,705.40 TOTAL DUE VENDOR 1,705.40 SONT&RRA CONSULTING 001-23011-- 2536 PROF.SVCS-FER 96-1 2,208..94 TOTAL PREPAIDS -00 TOTAL VOUCHERS 2,209.94 TOTAL DUE VENDOR 2,208.94 BOB SOVARD 001-34300-- REFUND-PLAN CHECK 86..00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 86.00 TOTAL DUE VENDOR 86.00 CA ASSN OF CLERKS & ELECTION OFFCLS 0014040-42315-- MEMBERSHIP DIIES-BURGESS 125.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 125.00 TOTAL DUE VENDOR 125.00 CITY OF DIAMOND BAR RUN DATE: 09/25/2002 13:40:51 VOUCHER REGISTER PAGE: 4 DUE THRU: 09/26/2002 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CAMELOT GOLFLAND 0015350-42410-- 12526 EXCURSION-DAY CAMP 666.00 TOTAL PRUPAIDS .00 TOTAL VOUCHERS 666.00 - TOTAL DUE VENDOR 666.00 ANGELA CHANG 001-34760-- 50502 RECREATION REFUND 262.50 001-23002-- 52733 PARK DEP REFUND-PANTERA 50-60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 312.50 TOTAL DUE VENDOR 312.50 CHRIS CHANG 0015350-45300-- VOLUNTEEN STIPEND-2002 95.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 95.00 TOTAL DUE VENDOR 95.00 CIVIC RESOURCE GROUP LLC 0014095-44000-- 10769 PROF.SVCS-F GOVMT STRTGC 8,302.32 TOTAL PREPAIDS .00 TOTAL VOUCHERS 8,302.32 TOTAL, DUE VENDOR 8,302.32 COMMERCE CITY MAINTENANCE COMPANY 0015340-42210-- 75543 MAINT-PANTERA/HERITAGE PK 150.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 150-00 TOTAL DUE VENDOR 150.00 CONRAD & ASSOCIATES 0014050-44010-- 12517 9604 PROF.SVCS-AUDITING 1,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,000-00 TOTAL DUE VENDOR 1,000.00 CPRS 0015350-42330-- CPRS CONF-ROSE,CREWS 1,730.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,730,.00 TOTAL DUE VENDOR 1,730.04 D & 0 MUNICIPAL SERVICES, INC 0015220-45201-- 12402 2002D13-12 BLDG&SFTY SVC-8/19-9/13 37,270.47 TOTAL, PREPAIDS .00 TOTAL VOUCHERS 37,270.47 TOTAL DUE VENDOR 37,270.47 DAY & NITE COPY CENTER 0015210-42110-- 12307 160981 PRINT SVCS-COM DEV 60.08 TOTAL PREPAIDS .00 TOTAL VOUCHERS 60.08 TOTAL DUk' VENDOR 60.OB . CITY OF DIAMOND BAR RUN DATE: 09/25/2002 !3:40:51 VOUCHER REGISTER PAG—W: 5 DUE THRU: 09/26/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 iNVOIOE DESCRIPTION AMOUNT DATE CHECK DELTA CARE PMI 001-21104-- PP 16-18 SEPT. 02 -DENTAL PREMIUMS 427.88 09/26/2002 55187 TOTAL PREPAIDS 427.88 TOTAL VOUCHERS .00 - TOTAL DUE VENDOR 427.88 CAROL DENNIS 0015350-44000-- _ 12383 PRROB2202 - PROF-SVCS-P&R COMM 8/22 150.00 0014040-44000-- 12383 DBCCO90302 PROF.SVCS-CC MTG 9/3 425.00 0013210-44000-- 12383 PC091002 PROF.SVCS-PLN COM 9110 50,00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 625.00 TOTAL DUE VENDOR 625-00 DESS DEPACE 0015350-45360-- VOLUNTEEN STIPEND -2002 so -OD TOTAL PREPAIDS -00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 DEPARTMENT OF JUSTICE 0615350-45300-- 12371 402403 CONTRACT BACKGROUND CK 160.00 0014060-42345-- 12371 402403 EMPLOYMENT BACKGROUND CK 96.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 256.00 TOTAL DUE VENDOR 256.00 DIAMOND BAR AUTOMOTIVE 0015210-42200-- 17707 EQ MAINT-DODGE RAM 22.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 22.44 TOTAL DUE VENDOR 22.44 DIAMOND BAR CHAMBER OF COMMERCE 0014095-45010-- 12378 2558 PROF.SVCS-PUBLICATION 5,812.00 D014090-42325-- MTS -AMERICAN S/DAY EVENT 7.50 . 0014030-42325-- EGGS N ISSUES-CMGR,DCM 25.00 09/26/2002 55192 0014010-42325-- EGGS N ISSUES -COUNCIL 37.50 09/26/2002 55192 0015240-45000-- 12378 2559 CONTRACT SVCS -SEPT 02 2,000-00 TOTAL PREPAIDS 62.50 TOTAL VOUCHERS 7,818.50 TOTAL DUE VENDOR 7,881.00 DIAMOND BAR HAND CAR WASH 0014090-42200-- A12375 AUG 02 CAR WASH -POOL VEH 73.93 0015210-42200-- AUG 02 CAR WASH-PLNN 32.97 TOTAL PREPAIDS .00 TOTAL VOUCHERS 106.90 TOTAL DUE VENDOR 106.90 CITY OF DIAMOND BAR RUN DATE: 09/25/2002 13:40:51 VOUCHER REGISTER PAGE: 6 DOE' THRU: 09/26/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DIAMOND BAR MOBIL 0014490-42310-- AUG 02 FUEL -GENERAL 81.71 0015310-42310-- AUG 02 FUEL -COMM SVCS 264.96 TOTAL PREPAIDS .OD - TOTAL VOUCHERS 346.67 TOTAL DUE VENDOR 346.67 DIAMOND BAR/WALNUT YMCA 1255215-42355-D9690202-42355 A12305 AUG 02 DAY CAMP PROG-AUG 02 5,978.04 TOTAL PREPAIDS .DO TOTAL VOUCHERS 5,978-00 TOTAL DUE VENDOR 5,978.00 DIAMOND RANCH HIGH SCHOOL 001-23002-- 52647 PARK DEP REFUND -PETERSON 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 DIVERSIFIED PARATRANSIT INC 1125553-45529-- 12415 8/01-8/15 DIAMOND RIDE -8/01-8/15 10,930.26 1125360-45310-- 12162 AUG.02 SHUTTLE SVCS -CONCERTS PK 788.13 TOTAL PREPAIDS .00 TOTAL, VOUCHERS 11,718.39 TOTAL DUE VENDOR 11,718.39 DOGGIE WALK BAGS 0015310-41200-- 12541 200206214 SUPPLIES -PARKS 549.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 549.75 TOTAL DUE VENDOR 549.75 DPMURPHY ELECTRIC COMPANY INC - 1385538-46410-- 12527 12321 EQ/INSTALL-KIST 3S 2,300.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,300.00 TOTAL DUE VENDOR 2,3D4.00 SAM ELACHKAR 0015350-45300-- VOLUNTEEN STIPEND -2002 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 EMPLOYMENT DEVELOPMENT DEPARTMENT 0014090-40093-- UNMPLYMNT CHRGS-APR-JUN 11136.00 TOTAL PREPAIDS .0.0 'DOTAL VOUCHERS 1,136.00 TOTAL DUE VENDOR 1,136-00 ENVIRO TO'T'E 1155516-41400-- 12504 2201800 -IN SUPPLIES -TOTE BAGS 3,279.40 TOTAL PREPAIDS -00 TOTAL VOUCHERS 3,279.40 TOTAL DUE VENDOR 3,279.40 PAGE: 7 PREPAID DATE CRECK 50-00 .00 50.00 50.00 40.62 138.25 .00 179.07 179.07 955.28 .00 955.28 955.28 200.00 .00 200.00 200.00 52.31 .00 52.31 52.31 85.00 .00 85.00 85.00 41.91 .00 41.91 41.91 198.00 .00 198.00 198.00 45.00 .00 45.00 45.00 CITY OF DIAMOND BAR RUN DATE: 09/2S/2002 13:40:51 VOUCHER REGISTER DUE THRU: 09/26/2002 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE - DESCRIPTION AMOUNT LINETTE FAN 0015350-45300-- VOLUNPEEN STIPEND -2002 TOTAL PREPAIDS TOTAL VOUCHERS - TOTAL DUE VENDOR FEDERAL EXPRESS 0014090-42120-- 436387986 EXPRESS MAIL -GENERAL 0014090-42120-- 436351833 EXPRESS MAIL-GENERAT, TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR GAIL MATERIALS INC 0015340-42210-- 12490 17896 MAINT-PETERSON PARK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR MARTHA GALELLI 001-23002-- 52654 PARK DEP REFUND -HERITAGE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR GFH FRIEDRIC14 & ASSOCIATES INC ' 2505510-46411-16101-46411 10777 0209-03 PROF.SVCS - CONSULTING TOTAL PREPAIDS TOTAL. VOUCHERS TOTAL DUE VENDOR BRITTANY GOMEZ-WATTS 0015350-45300-- VOLIMTE13N STIPEND -2002 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR GONZALE2/GOODALE ARCHITECTS 2505215-46420-13899-46420 A10666 11849 ARCHTCTRL SVC-C/SVCS CNTR TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SHANNON GRIFFITHS 0015350-45300-- 12329 CONTRACT CLA$S-SUMMER - TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DAVID J GRUNDY 0015350-44100-- P & R COMM -8/22 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 7 PREPAID DATE CRECK 50-00 .00 50.00 50.00 40.62 138.25 .00 179.07 179.07 955.28 .00 955.28 955.28 200.00 .00 200.00 200.00 52.31 .00 52.31 52.31 85.00 .00 85.00 85.00 41.91 .00 41.91 41.91 198.00 .00 198.00 198.00 45.00 .00 45.00 45.00 CITY OF DIAMOND BAR RUN DATE: 09/25/2002 13:40:51 VOUCHtR REGISTER PAGE: 8 DUP THRU: 09/25/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK JESSICA HALL 0015350-45300-- 12216 CONTRACT CLASS -SUMMER 130.20 TOTAL PREPAII3S .00 TOTAL VOUCHERS 130.2.0 TOTAL DUE VENDOR 130.20 DIANE S HASERCT . 0015350-45300-- - 12514 CONTRACT CLASS -FALL 180.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 180.00 TOTAL DUE VENDOR 180.00 CHIHO HAYAKAWA 001-34760-- 50661 RECREATION REFUND 52.00 TOTAL PREPAIDS - .00 TOTAL VOUCHERS 52.00 TOTAL DUE VENDOR 52.00 TIM HEDRICK 0015350_45300-- VOLUNTEEN STIPEND -2002 25.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 25.00 TOTAL DUE VENDOR 25-00 HOME DEPOT 0015554-41250-- 001128 SUPPLIES -ROAD MAINT 248.05 TOTAL PREPAIDS -00 TOTAL VOUCHERS 248-05 TOTAL DUE VENDOR 248.05 3REANA HDPE 0015350-45300-- VOLUNTEEN STIPEND -2002 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 HULS ENVIRONMENTAL MANAGEMENT, LLC 1155515-44000-- 12316 2266 SOLID WASTE -AUG 02 1,222.50 1155515-44000-- 12316 2268 USED OIL GRANT -AUG 02 1,781.25 0015510-44240-- 12316 2267 NPDES SVCS -AUG 02 5,382.50 L155515-44000-- 12315 2269 DEPT OF CNSRVTN-AUG 02 1,042.50 TOTA-L PREPAIDS .00 TOTAL VOUCHERS 10,428.75 TOTAL DUE VENDOR 10,428..75 HUNSAKER & ASSOCIATES 2505215-46420-13899-46420 11571 2080519 PROF SVCS-SR/C0M SVC CTR 9,161..23 TOTAL PREPAIDS .00 TOTAL VOUCHERS 9,161.23 TOTAL DUE VENDOR 9,161.23 JOE A GONSALVES &.SON INC CITY OF DIAMOND BAR 0014030-44000-- RUN DATE: 09/25/2002 13:40:51 3,000.00 VOUCHER REGISTER PAGE: 9 .00 DUE THRU: 09/26/2002 TOTAL VOUCHERS 31000.00 TOTAL DUE VEN-DOR PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK ICMA RETIREMENT TRU8T-957 52637 PARK DEP REFUND-REAGAN 50.00 001-21108-- PP 19/02 SEPT. 02 -PAYROLL DEDUCTNS 20,737.76 09/26/2002 55189 50.00 TOTAL PREPAIDS 20,737.76 50.00 JUDICIA-L DATA SYSTEMS CORPORATION TOTAL VOUCHERS .00 - 2943 PARKING CITE ADMIN -AUG 02 TOTAL DUE VENDOR 20,737.76 INLAND VALLEY DAILY BULLETIN .00 TOTAL VOUCHERS 0014040-42115-- 12260 120638 AD -PUBLIC NOTICES 71.40 229.68 0014040-42115-- 12280 171005 AD -PUBLIC NOTICE'S 312.90 001-23010-- 11.997 LEGAL AO -PPL 2002-15 163.60 001-23010-- 108103 LEGAL AD -FPL 2002-08 ;07.63 001-23010-- 160828 LEGAL AD -FPL 2002-38 '--14.97 001-23010-- 88264 LEGAL A17 -FPL 2002-19 132.30 001-23010-- 160828 LEGAL AD -FPL 2002-31 114.97 001-23010-- 108103 LEGAL AD -FPL 2002-11 107.62 001-23010-- 115526 LEGAL AD -FPL 2002-39 107.62 001-23010-- 88264 LEGAL AD -FPL 2002-24 132.30 001-23010-- 175044 LEGAL, AD -FPL 2002-13 161.70 001-23010-- 115528 LEGAL AD -FPL 2002-40 107.63 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,634.84 TOTAL DUE VENDOR 1,634.84 INTERNATIONAL PROTECTIVE SVCS INC 0014411-45410-- 12348 061581 CROSSING GUARD SVC-JUL 02 2,850.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,880.00 TOTAL DUE VENDOR 2,890.00 NOBS AVAILABLE 0014060-42115-- 12372 219034 AD -JOB ANNOUNCEMENT 110.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 110.40 TOTAL DUE VENDOR 110.40 JOE A GONSALVES &.SON INC 0014030-44000-- 22260 OCT 02 LEGISLATIVE SVCS -OCT C2 3,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 31000.00 TOTAL DUE VEN-DOR 3,000.00 Ch-RISTINA JOHNSON 001-23002-- 52637 PARK DEP REFUND-REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 JUDICIA-L DATA SYSTEMS CORPORATION 0014411-45405-- 2943 PARKING CITE ADMIN -AUG 02 229.68 TOTAL PREPAIDS .00 TOTAL VOUCHERS 229-68 TOTAL DUE VENDOR 229.68 CITY 6F DIAMOND BAR RUN DATE: 09/25/2002 13:40:51 VOUCHER REGISTER PAGE: 10 DUE THRU: 09/26/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION - AMOUNT DATE CHECK KENS RAIRDWARE 0025554_41300-- 12114 7997 SUPPLIES -ROAD MAINT 16.84 TOTAL PREPAIDS _ .00 TOTAL VOUCHERS 16.84 TOTAL DUE VENDOR 16.84 TASK KIM 001-34780-- 50754 RECREATION REFUND 64.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 64.00 TOTAL DUE VENDOR 64.00 KUSTOM IMPRINTS INCOPR 0015350-41200-- 70007 SUPPLIES -RECREATION 358-25 TOTAL PREPAIDS .()0 TOTAL VOUCHERS 358.25 TOTAL DUE VENDOR 358.25 L T EXCAVATING INC 2505215-46420-13899-46420 12332 6000999-04 GRADING IMP PROD -COMM SIC 66,540.03 TOTAL PREPAIDS .00 TOTAL VOUCHERS 66,540.03 TOTAL DUE VENDOR 66,540.03 LDM ASSOCIATES INC 001-23010-- 416 PROF SVCS -FPL 2002-14 210.00 001-23010-- 416 PROF SVCS -FPL 2002-24 145.46 TOTAL PREPAIDS -00 TOTAL VOUCHERS 355.48 TOTAL DUE VENDOR 355-48 LEIGH'TON & ASSOCIATES, INC 2505215-46420-13899-46420 A11453 LE10013504 PROF.SVCS--COMM SR CTR 7,225.03 2505235-46420-13899-46420 A11453 LWIC013575 PROF.SVCS-COMM SR CTR 19,589.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 26,814.10 TOTAL DUE VENDOR 26,814.10 LEWIS ENGRAVING INC 0014()90-42113-- 12319 9847 ENGRAVING SVCS -CITY TILE 17.32 TOTAL PREPAIDS .00 TOTAL VOUCHERS 17.32 TOTAL DUE VENDOR 17.32 SANWARL LI 0015350-45300-- VOLUNTEEN STIPEND -2002 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.0o LIEBERT CASSIDY WHITMORE 0014020-44021-- 24241 LEGAL SVCS -AUDIT 36.00 T07AL PREPAIDS .00 TOTAL VOUCHERS 36.00 TOTAL DUE VENDOR 36.00 RUN DATE: 09/25/2002 13:40:51 FUND/SECT-ACCT-PROJECT-ACCT TIFFANY LONG 0015350 -45300 -- LOS ANGELES COUNTY - MTA 1125553 -45535 -- 1125553 -45533 -- 1125553 -45535 -- LOS ANGELES COUNTY FIRE DEPARTMENT 0014010-42325-CC203-42325 LOS ANGELES COUNTY SHERIFF'S DEPT 1125553 -45533 -- 0014411 -45401 -- 0014411 -45401 -- 0014411 -45402 -- CAROLINE LUAN 0015350 -45300 -- ANDREW LUI 0015359-44100-- MAGNUS INTERNATIONAL 0014090-42110-- MAIN7EX 0015340 -42210 -- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 11 DUE THRU: 09/26/2002 PREPAID PO # INVOICE DESCRIPTION AMOUNT DATE CHECK VOLUNTEEN STIPEND -2002 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 12546 T-47972 MTA TOKENS -SEPT. 02 1,800-00 12545 8020511 CITY SUBSIDY -SEPT 02 664-85 12545 8020511- MTA PASSES -SEPT 02 1,119.65 TOTAL PREPAIDS -00 TOTAL VOUCHERS 3,5B4.50 TOTAL DUE VENDOR 3,584-50 CCCA MTG-COUNCIL/SPOUSE 20.00 09/26/2002 55190 TOTAL PREPAIDS 20.00 TOTAL VOUCHERS .00, TOTAL DUE VENDOR 20.00 50655 TRANSIT SALES -AUG 02 108,73 50732 CONTRACT SVCS -AUG 02 347,239,76 50870 CALVARY CHAPEL TRFFC-AUG 6,299,03 50610 CONCERTS IN PARK -AUG 02 608.78 TOTAL PREPAIDS .00 TOTAL VOUCHERS 354,456.30 TOTAL DUE VENDOR 354,456.30 VOLUNTEEN STIPEND -2002 85.00 TOTAL PREPAIDS .00 - TOTAL VOUCHERS 85.00 TOTAL DUE VENDOR 85.00 P & R COMM -8/22 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 12205 103385 PRINT SVCS -BUS CARDS 55.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 55.00 TOTAL DUE VENDOR 55.04 12540 605531 SUPPLIES -HERITAGE C/CTR 259,90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 259.90 TOTAL DUE VENDOR 255.90 MCKEN14A DODGE CITY OF DIAMOND BAR 0015210-42200-- RUN DATE: 09/25/2002 13:40:51 85.00 VOUCHER REGISTER PAGE: 12 .00 DUE THRU: 09/26/2002 85.00 TOTAL DUE VENDOR 85.00 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK KAYLA MAY TOTAL PREPAIDS .00 0015350-45300-- - - VOLUNTEEN STIPEND -2002 125.00 TOTAL DUE VENDOR 460.06 TOTAL PREPAIDS .00 0014070-42315-- TOTAL VOUCHERS 125.00 - ANNL MEMHRSHP-DOYLE TOTAL DUE VENDOR 125.00 MCR CORPORATION .00 TOTAL VOUCHERS 0015554-45502-- 12283 208062 ROAD MAINT-AUG 02 5,978.10' 0015558-45508-- 12186 0208063 VEGETATION CNTRL-AU0 02 6,844.07 0015554-45506-- 12286 208062 STRIPING MATNT-AUG 02 3,063.59- 0015554-45522-- 12284 208062 RIGHT OF WAY -AUG 02 2,675.21 _ TOTAL DUE VENDOR TOTAL PREPAIDS .00 TOTAL VOUCHERS 20,561.03 TOTAL DUE VENDOR 20,561-03 GARRETT MCGURTY 0015350-45300-- VOLUNTEEN STIPEND -2002 95.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 95.00 TOTAL DUE VENDOR 95.00 ALEX MCKENDALL 0015350-45300-- VOLUNTEEN STIPEND -2002 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 MCKEN14A DODGE 0015210-42200-- 60148 MAINT-CODE ENFORMT 85.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85.00 TOTAL DUE VENDOR 85.00 MOBILE MODULAR MANAGEMENT GROUP 0015330-42140-- 12212 427164 LEASE PRTBL-SYC CYN PK 46.0.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 460.06 TOTAL DUE VENDOR 460.06 MUNICIPAL INFO SYSTEMS ASSC OF CA 0014070-42315-- ANNL MEMBRSHP-DEFRIEND 180.00 0014030-42315-- ANNL MEMHRSHP-DOYLE 120.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 300.00 TOTAL DUE VENDOR 300.00 GARY L NEELY 0015210-44000-- 12343 083102-16 PROF.SVCS-GOV CONSULTANT 3,240.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,240.00 TOTAL DUE VENDOR 3,240.00 CITY OP DIAMOND BAR RUN DATE. 09/25/2002 13:40:51 VOUCHER REGISTER PAGE: 13 DUE T ?,U: 09/26/2002 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK STEVE NELSON 0014090-42325-- REIMB-AMERICAN S/DAY EVNT 7.50 0015210-44100-- PLNN COMM -7/9,7/23 130.00 TOTAL PREPAIDS .00 - TOTAL VOUCHERS 137.50 TOTAL DUE VENDOR 137.50 NEXTEL COMMUNICATIONS 0014090-42130-- AIRTIME CHRGS-P/W,C/S,C/D 347.57 TOTAL PREPAIDS .00 TOTAL VOUCHERS 347.57 TOTAL DUE VENDOR 347.57 DANIEL NOLAN - 0015210-44100-- PLNN COMM -7/9,7/23 130.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS - 130.00 TOTAL DUE VENDOR 130.00 NORTH POINT AMERICA .INC 0014090-42110-- 12532 3087 PRINT SVCS -AM SPRT DAY 1,261.11 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,261.11 TOTAL DUE VENDOR 1,261.11 OLYMPIC STAFFING SERVICES - OD15310-44000-- 86382/86555 TEMP SVCS -WK 9/1 158.88 0015310-44000-- 86362/85555 TEMP SVCS -WK 9/8 158-88 TOTAL PREPAIDS .00 TOTAL VOUCHERS 317.76 TOTAL DUE VENDOR 317,76 P & D CONSULTANTS INC 0015340-44000-- A12363 048174770-06 UTIL SVCS -PARKS SEPT 1,415.75 1395539-44000-- A12363 048174770-06 UTIL SVCS-DIST 39SEPT 566.30 1385538-44000-- A12363 048174770-06 UTIL SVCS-DIST 38SEPT 1,213-50 1415541-44000-- A12363 048174770-06 UTIL SVCS-DIST 41SEPT 849.45 TOTAL PREPAIDS -00 TOTAL VOUCHERS 4,045.00 TOTAL DUE VENDOR 4,045.00 RICK PAN 001-34760-- 50649 RECREATION REF 31.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 31.00 TOTAL DUE VENDOR 31.00 PAYROLL TRANSFER 001-1020.0-- PP 19/02 PAYROLL TRANSFER -PP 19/02 85,800.00 09/26/2002 PP 19/02 TOTAL PREPAIDS 85,800-00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 85,800.00 PILKERTON CONSULTANTS, INC CITY OF DIAMOND BAR 0015558-45509-- 12406 RLN DATE: 09/25/2002 13:40:51 VOUCHER REGISTER PACE: 14 20902 PROF SVCS -TESTIMONY 400.00 DUE T.YRU: 09/26/2002 12406 20821 PROF.SVCS-INSPECTION 300.00 TOTAL PREPAIDS .00 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK PERS HEALTH 001-32230-- 0014060-40093-- PP 19-20 ADMIN FEE -OCT 02 69.84 TOTAL PREPAIDS _ -06 001-21105-- PP 19-20 OCT 02 -HEALTH INS PREMS 13,968.80 150.00 TOTAL DDE VENDOR TOTAL PREPAIDS POMONA UNIFIED SCHOOL DISTRICT -00 _ 0015350-42140-- TOTAL VOUCHERS 14,038.64 810.00 0013350-42140-- 12225 03007 FACILITY RENTAL -AUG -SEPT TOTAL DUE VENDOR 14,038.64 TOTAL PREPAIDS -00 PERS RETIREMENT FUND TOTAL VOUCHERS 1,440.00 001-21109-- PP 19/02 RETIRE CONTRIE-E£ 5,468.62 09/26/2002 55188 001-21109-- PP 19/02 RETIRE CONTRIB-ER 3,638.98 85.00 09/26/2002 55188 001-21109-- PP 19/02 SURVIVOR BENEFIT 36.27 09/26/2002 55188 TOTAL PREPAIDS 9,143.87 85-00 PRINCE SHANT CORP TOTAL, VOUCHERS 0015554-42310-- .00 117573 -AUG FUEL -PUBLIC WORKS 177,02 0015210-42310-- TOTAL DUE VENDOR 9,143.87 349.12 DAVID C PHAN .00 TOTAL VOUCHERS 526.14 001-23002-- 52548 PARK DEP REFUND-REAGAN 50.00 526_14 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 - TOTAL DUE VENDOR 50.00 PILKERTON CONSULTANTS, INC 0015558-45509-- 12406 20822 PROS.SVCS--INSPECTION 150.00 0015558-4$509-- 12406 20902 PROF SVCS -TESTIMONY 400.00 0015558-45509-- 12406 20821 PROF.SVCS-INSPECTION 300.00 TOTAL PREPAIDS .00 'DOTAL VOUCHERS 850.00 TOTAL DUE VENDOR 850.00 POMONA JUDICIAL DISTRICT 001-32230-- JULY 02 PARKING CITATION FEE-JUL 150.00 TOTAL PREPAIDS _ -06 TOTAL VOUCHERS 150.00 TOTAL DDE VENDOR 150.00 POMONA UNIFIED SCHOOL DISTRICT _ 0015350-42140-- 12225 03003 FACILITY RENTAL -AUG -SEPT 810.00 0013350-42140-- 12225 03007 FACILITY RENTAL -AUG -SEPT 630.00 TOTAL PREPAIDS -00 TOTAL VOUCHERS 1,440.00 TOTAL, DUE VENDOR 1,440.00 ERIN PRESSMAN 0015350-45300-- VOLUNTEEN STIPEND -2002 85.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85.00 TOTAL DUE VENDOR 85-00 PRINCE SHANT CORP 0015554-42310-- 117573 -AUG FUEL -PUBLIC WORKS 177,02 0015210-42310-- 117573 -AUG FUEL -COMM DEV 349.12 TOTAL PREPAIDS .00 TOTAL VOUCHERS 526.14 TOTAL DUE VENDOR 526_14 CITY OF DIAMOND BAR RUN DATE: 09/25/2002 13:40:51 VOUCHER REGISTER PAGE: 15 DUE THRU: 09/26/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DFSCRIPTION AMOUNT DATE CHECK PURCHASE POWER 0014090-42120-- REPLENISH POSTAGE MACHINE 36.51 TOTAL PREPAIDS .00 TOTAL VOUCHERS 36.51 - TOTAL DUE VENDOR 36.51 QUICK CRETE 0015554-41250-- 12401 540$2 -IN SUPPLIES -ROAD MAINT 1,048.94 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,048.94 TOTAL DUE VENDOR 1,048.94 R F DICKSON COMPANY 1155515-45500-- 12112 1142699 DEBRIS COMPSTNG-AUG 02 2,772.62 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,772.62 TOTAL DUE VENDOR 2,772.62 RALPHS GROCERY COMPANY 0014090-42325-- 12179 7.0313135 SUPPLIES -GENERAL, 7.13 0014090-42325-- 12179 10313143 SUPPLIES -GENERAL 25-11 0015350-41200-- 12164 10313129 SUPPLIES -TINY TOTS 126.81 TOTAL PREPAIDS .00 TOTAL VOUCHERS 153.05 TOTAL DUE VENDOR 153.05 REINHERGER PRINTWERKS 0014090-42110-- 12320 12159 PRINT SVCS -ENVELOPES 159.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 159.44 TOTAL DUE VENDOR 159-44 LESLIE ROSS 0015350-45300-- VOLUNTEEN STIPEND -2002 125.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 125.00 - TOTAL DUE VE'NUOR 125.00 JOSEPR RUZICKA 0015210-44100-- PLNN COMM -7/9,7/23 130.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 130.00 TOTAL DUE VENDOR 130.00 S & D GRAPRi CS - 0015350-41200-- SUPPLIES -RECREATION 225.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 225.00 TOTAL DUE VENDOR 225.00 SAN GABRIEL VALLEY COUNCIL OF GOUTS 0015510-42325-- P/WKS OFFCRS MTG-LIU 20.00 09/26/2002 55193 TOTAL PREPAIDS 20.00 TOTAL VOUCHERS _00 TOTAL DUE VENDOR 20.00 RUN DATE: 09/25/2002 13:40:51 FUND/SECT-ACCT-PROJECT-ACCT SAN GABRIEL VALLEY TRIBUNE 001-23010-- 0014040-42115-- 001-23010-- .0014040-42115-- 001-23010-- 001-23010-- OOI-23010-- 001-23010 001-23010-- 001-23010-- 001-23010-- 001-23010-- SASAKI TRANSPORTATION SERVICES 001 -23010 -- SERVICE CENTER FOR INDEPENDENT LIV 1255215-42355-60009802-42355 WARREN SIECKE 0015554 -44520 -- 0015554 -44520 -- SMART & FINAL 0015350 -41200 -- 02104051 PROF.SVCS-FPL 2001-15 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR A12303 CDBG PROGRAM -AUG 02 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 12324 4986 TRFFC ENG SVCS -SEPT 02 12324 4987 TRFFC ENG SVCS -SEPT 02 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SUPPLIES -TINY TOTS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 16 AMOUNT 178.08 62.16 215.88 319.20 131.46 1.09.62 162.12 109.62 176.40 131.46 126.84 126.84 .00 1,849.66 1,849.68 916.00 .00 916.00 916.00 312.50 .00 312.50 312.50 67.00 518.00 .00 595.00 585.00 107.36 00 107.36 107.36 CHRISTINA SMITH 0015.350-45300-- VOLUNTFHN STIPEND -2002 85.00 TOTAL PREPAIDS ,p0 TOTAL VOUCHERS 65.00 TOTAL DUE VENDOR 85.00 PREPAID DATE CHECK CITY OF DIAMOND BAR VOUCHER REGISTER DUE THRU: 09/26/2002 PO # INVOICE DESCRIPTION G1679 LEGAL AD -FPL 2002-15 12281 C1586 AD -PUBLIC NOTICES E4586 LEGAL AD -FPL 2000-23 12281 D0912 AD -PUBLIC NOTICES 97536 LEGAL AD -FPL 2002-31 147055 LEGAL AD -FPL 2002-39 170864 LEGAL AD -FPL 2002-45 147055 LEGAL AD -FPL 2002-40 99363 LEGAL AD -FPL 2002-13 97536 LEGAL AD -FPL 2002-38 F4575 LEGAL AD -FPL 2002-06 F4575 LEGAL AD -FPL 2002-11 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 02104051 PROF.SVCS-FPL 2001-15 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR A12303 CDBG PROGRAM -AUG 02 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 12324 4986 TRFFC ENG SVCS -SEPT 02 12324 4987 TRFFC ENG SVCS -SEPT 02 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SUPPLIES -TINY TOTS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 16 AMOUNT 178.08 62.16 215.88 319.20 131.46 1.09.62 162.12 109.62 176.40 131.46 126.84 126.84 .00 1,849.66 1,849.68 916.00 .00 916.00 916.00 312.50 .00 312.50 312.50 67.00 518.00 .00 595.00 585.00 107.36 00 107.36 107.36 CHRISTINA SMITH 0015.350-45300-- VOLUNTFHN STIPEND -2002 85.00 TOTAL PREPAIDS ,p0 TOTAL VOUCHERS 65.00 TOTAL DUE VENDOR 85.00 PREPAID DATE CHECK RUN DATE: 09/25/2002 13:40:51 FUND/SECT-ACCT-PROJECT-ACCT SOUTHERN CALIFORNIA EDISON 0015510 -42126 -- 0015510 -42126 -- 0015510 -42126 -- -0015510-4212E-- 1385538-42126-- 0015510-42128-- 1264411-42126 SOUTHERN CALIFORNIA GAS COMPANY 2505215-46420-13899-46420 0015340-42126-- SOUTHLAND SPORTS OFFICIALS 0015350 -45300 -- DANIEL STRUDWICK 0015350 -45300 -- SURF CONTROL INC 0014070 -46235 -- MARIE SWIFT 001 -34730 -- SYSTEMS INTERNATIONAL INC 0014090 -41400 -- 0015350 -45305 -- JACK TANAKA 0015210 -44100 -- CITY OF DIAMOND RAR 1,130.13 VOUCHER REGISTER .00 DUE THRU: 09/26/2002 11130.13 PO # INVOICE DESCRIPTION AMOUNT ELECT SVCS -TRAFFIC SIGNAL 64.58 ELECT SVCS -TRAFFIC SIGNAL 89.22 ELECT SVCS -TRAFFIC SIGNAL 622.76 ELECT SVCS -TRAFFIC SIGNAL 64.43 ELECT SVCS-LLAD 38 93.20 ELECT SVCS -TRAFFIC SIGNAL 4.97 UTIL SVCS -SHERIFF SVC/CTR 405.29 TOTAL PREPAIDS -Co TOTAL VOUCHERS 1,344.47 TOTAL DUE VENDOR 1,344.47 12531 GAS SVCS -COMM SR CTR 2,607.36 GAS SVCS-HRTG COMM CTR 41.81 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,649.17 TOTAL DUE VENDOR 2,649.17 12291 9.4-9.17.02 OFFICIAL SVCS -9/4-9/17 598.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 598.00 TOTAL DUE VENDOR 598.00 VOLUNTEEN STIPEND -2002 - 125.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 125.00 TOTAL DUE VENDOR 125.00 PAGE= 17 PREPAID DATE CHECK 1377-001 ANNL RENEWAL -WEE FILTER 1,130.13 TOTAL PREPAIDS .00 TOTAL VOUCHERS 11130.13 TOTAL DUE VENDOR 1,130.13. 48817 RECREATION REFUND 27.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 27.00 TOTAL DUE VENDOI{ 27.00 12425 22115 INSTALLATION -BANNERS 980.00 A12231 22081 REMOVE -4TH OF JULY BANNER 11085.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,065.00 TOTAL DUE VENDOR 2,065.00 PLNN COMM -7/23 65.00 TOTAL PREPAIDS .00 TOTAL. VOUCHERS 65.00 TOTAL DUE VENDOR 65..00 UC REGENTS CITY OF DIAMOND BAR - 0015510-42325-- RUN DATE: 09/25/2CO2 13:40:51 85.00 VOUCHER REGISTER PAGE: 18 .00 DUB THRU: 09/26/2002 85.00 TOTAL DUE VENDOR 85.00 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK TENNIS ANYONE 0014415-4120G-- 12382 476432 UNIFORMS-V/PATROL 107.48 0015350-45300-- A12223 CONTRACT CLASS -SUMMER 150.50 TO'T'AL PREPAIDS .00 TOTAL, PREPAIDS .00 159.04 TOTAL VOUCHERS 150-50 - TOTAL DUE VENDOR 150.50 THE LORD'S PLACE 2,000.00 TOTAL PREPAIDS 001-23002-- 52470 PARK DEP REFUND-REAGAN 50-00 TOTAL DUE VENDOR TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 30.00 TRUGREEN LANDCARE 0615340-45300-- 1213.8 1692370656 C/WIDE MAINT-PARKS 9,875.75 0015340-42210-- 12139 1692379760 ADDL MAINT-HERITAGE PK 80.00 1385538-42210-- 12139 1592379780 ADDL MAINT-DIST 38 645.00 1385538-45500-- 12138 1692370656 C/WIDE MAINT-DIST 38 3,942.39 1385538-42210-- 12139 1692360417 ADDL MAINT-DIST 36 531.41 1395539-45500-- 12138 1692370656 C/WIDE MAINT-DIST 39 4,109.43 0015340-42210-- 12139 1692360417 ADDL MAINT-PARKS 368-64 1415541-45500-- 12138 1692370656 C/WIDE MAINT-DIST 41 2,107.40 TOTAL PREPAIDS .DO TOTAL VOUCHERS 21,660.02 TOTAL DUE VENDOR 21,660.02 STEVEN TYE 0015210-44100-- PLNN COMM -7/9,7/23 130.00 TOTAL PREPAIDS .DO TOTAL VOUCHERS 130.00 TOTAL Dm VENDOR 130.00 UC REGENTS 0015510-42325-- SYMPOSIUM -D LIU to/10 85.00 TOTAL, PREPAIDS .00 'DOTAL VOUCHERS 85.00 TOTAL DUE VENDOR 85.00 UNIFORM CENTER 0014415-41200-- 12382 476627 UNIFORMS-V/PATROL 17.19 0014415-4120G-- 12382 476432 UNIFORMS-V/PATROL 107.48 0014415-41200-- 12382 476626 UNIFORMS-V/PATROL 34.37 TO'T'AL PREPAIDS .00 TOTAL VOUCHERS 159.04 TOTAL DUE VENDOR 159.04 UNITED STATES POSTAL SERVICE 0014090-42120-- REPLENISH POSTAGE METER 2,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,000.00 TOTAL DUE VENDOR 2,000.00 CITY OF DIAMOND BAR RUN DATE: 09/25/2002 13:40:51 VOUCHER REGISTER PAGE: 19 DUE THRU: 09/26/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK VAN WINKLE AND AFFILIATES 0015210-44000-- 12297 SEPT 02 VIDEO DOC SVCS -SEPT 02 1,500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,500.00 - TCTAL DUE VENDOR 1,500.00 V£RIZON CALIFORNIA 0015340-42125-- 9093960194 PH.SVCS-SYC CYN PK 43.50 0015340-42125-- 9098619220 PH.SVCS-SYC CYN PK 93.83 0015340-42125-- 9093967162 PH.SVCS-DAY CAMP 42.17 0015340-42125-- 9093965680 PH.SVCS-HRTG Comm CTR 30.67 0014090-42125-- 9098603195 PH.SVCS-BLDG & SFTY 144.64 0014090-42125-- 9091973126 PH.SVCS-GENERAL 2,518.63 0014010-42125-- 9096120740 PH.SVCS-FAX LINE-C/CNL 24.48 1185098-42125-- 9098608931 PH.SVCS-TELEWORK ACIS 102.46 TOTAL PREPAIDS .00 TOTAL VOUCHERS 31000-60 TOTAL DUE VENDOR 3,000.60 VERIZON INTERNES' SOLUTIONS 1264411-42125-- 57348012 ➢SL SVCS -SVC CTR APR/AUG 329.90 TOTAL PREPAIDS _ .00 TOTAL VOUCHERS 329.90 TOTAL DUE VENDOR 329-90 VERIZON WIRELESS. -LA 0014030-42125-- CELL CHRGS-CMGR 66.50 0014010-42125-CC402-42125 - CELL CHRGS-COUNCIL 35.20 0014090-42125-- CELL CHRGS-GENERAL 425-25 0014010-42125-CC303-42125 CELL CHRGS-COUNCIL 33.25 0014010-42125-CC303-42125 CELT. CHRGS-COUNCIL 33.25 0014010-42125-CC402-42125 CELL CHRGS-COUNCIL 33.25 1264411-42125-- CELL CHRGS-SHERIFF 240.32 0014040-42125-- CELL CHRGS-EMERG PREP 266-00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,133.02 TOTAL DUE VENDOR 1,133.02 WELLS FARGO CARD SERVICES 0014090-41200-- GEN GOVT -SUPPLIES 39.68 09/26/2002 55194 0015310-42200-- COM SVCS -EQUIPMENT MAINT 33.33 09/26/2002 55194 0014095-42330-- PUBLIC INFO-3CMA COUP 712.50 09/26/2002 55194 0015310-42340-- COM SVCS-EDUC/TANG HENSLY 159.00 09/26/2002 55194 0014095-42112-- PUBLIC INFO -PHOTOGRAPHY 199.95 09/26/2002 55194 0014090-42125-- PALM ACCESS SVCS-I)CMS 21.44 09/26/2002 55194 0014010-42325-CC503-42325 MTG-COUNCIL 30.00 TOTAL PREPAIDS 1,166-10 TOTAL VOUCHERS 30.08 TOTAL DUE VENDOR 1.196.18 CITY OF DIAMOND BAR RUN DATE: 09/25/2002 13:40:51 VOUCHER REGISTER PAGE: 20 DUE THRU: 09/26/2002 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK WEST COAST ARHOR.ISTS INC 0015558-45509-- 12136 25417 C/WTD$ PLNTNG SVCS -AUG 02 1,304.80 0015558-45509-- 12135 25065-A C/WIDE MAINT-TREE JUL 02 16,784-20 0015558-45509-- 12135 25473 C/WIDE MAINT-AUG 02 11,158-80 -00'_5558-45509-- 12135 25417 C/WIDE MAINT-WATERING AUG 553.80 0025558-45509-- 12135 2524.1 C/WIDE MAINT-WATERING 276.90 0015558-45509-- 12135 25240 C/WIDE NAINT-TREE AUG 2,819.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 32,898.30 TOTAL DUE VENDOR 32,898.30 WOMEN IN LEISURE SERVICES 0015350-42330-- TRAINING-CREWS,MURPHEY 28.00 09/26/2002 55191 TOTAL PREPAIDS 28.00 TOTAL VOUCHERS .00 TOTAL DU$ VENDOR 28.00 PAUL WRIGHT 0014090-44000-- 12208 A/V SVCS-PC,CNCL 9/10,17 175.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 175.00 TOTAL DUE VENDOR 175.00 EILEFN YAP 001-34760-- 50460 - RECREATION REFUND 25.00 TOTAL PR$PAIDS .00 TOTAL VOUCHERS 25.00 TOTAL DUE VENDOR 25.00 YOSEMITE WATERS 0015350-41200-- 12165 AUG00191998 WATER SUPPLIES -DAY CAMP 31.60 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 31.60 TOTAL DUE VENDOR 31.60 REPORT TOTAL PREPAIDS 117,406.11 REPORT TOTAL VOUCHERS 707,582.30 REPORT TOTAL 824,988.41 CITY COUNCIL Agenda # 6.5, 47 Meeting Date: Oct. 1, 2002 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager 6&A -T TITLE: Rejection of Claim — Filed by Mila S. Kleinbergs on June 24, 2002. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Mila S. Kleinbergs. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for approximately $650. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On June 24, 2002, Cynthia Mila S. Kleinsberg filed a Claim for Damages with the City alleging that her block wall was damaged by the roots of the City tree. Carl Warren & Co., the City's claims administrator, determined that the claim appears to be one of questionable liability and has 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: S�Iotaz-1 11--� 6�3� Department Head Deputy City Manager September 17, 2002 TO: The City of Diamond Bar ATTENTION: Tommye Cribbins, Asst. City Clerk RE: Claim Claimant D/Event Rec'd Y/Office Our File Kleinbergs v Diamond Bar Mila S.Kleinbergs 06/19/02 06/24/02 S 134059 DBK We have reviewed the above captioned claire 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 & COMPANY Z6�L Deborah Been cc: CJPIA Attn: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT•CLAIMS ADJUSTERS 750 The City Drive • Ste 400 . Orange, CA 92866 Mail: P.O. Sox 25180 . Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 . (800) 572-6900 • Fax: (714) 740-7992 i.. tiro ;, - CITY COUNCIL Agenda # 6.5.2 Meeting Date: Oct. 1, 2002 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of Claim — Filed by Lisa Hartsock on September 11, 2002. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Lisa Hartsock. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for approximately $2700: Should the claim be successful, it will be paid by the .APIA. BACKGROUND: On September 11, 2002, Lisa Hartsock filed a Claim for Damages with the City alleging that due to debris in the roadway, her car's undercarriage was damaged. Carl Warren & Co., the City's claims administrator, determined that the claim appears to be one of questionable liability and has 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: r Department Head MPWClty Manager 4'A w September 16, 2002 TO: The City of Diamond Bar ATTENTION: Tomnlye Cribbins, Asst. City Clerk RE: Claim Hartsock vs. The City of Diamond Bar Claimant Lisa Hartsock D/Event 3/1/2002 Rec'd Y/Oce 9/11/2002 Our File S-134375-DBK 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 W N & COMPANY Dwight J. Kunz cc: CJPIA w/enc. Attn.: Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT -CLAIMS ADJUSTERS 750 The City Drive • Ste 400 - Orange, CA 92868 Mail: P.O. Hos 25180 - Santa Ana, Ca 92799-5180 Phone: (714) 740-7999 Ext. 140 (800) 572-6900 - Fax: (714) 740-9412 Agenda # 7.1 Meeting Date: October 1. 2002 CITY COUNCIL AGENDA REPORT RFoi- 1959 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage TITLE: PUBLIC HEARING: ADOPTION OF RESOLUTION NO. 2002 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL RECOMMENDATION: It is recommended that the City Council open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 2002 -XX (1) adding the positions of Assistant City Clerk, Associate Engineer, Development Services Assistant, Executive Assistant, Management Analyst, Public Information Manager, Recreation Supervisor, Senior Management Analyst and Senior Neighborhood Improvement Officer and removing the positions of Associate Civil Engineer, Communications and Marketing Director, Community Services Assistant, Recreation Superintendent and Senior Administrative Assistant and (2) adding Appendix C, Government Code Section 82030, defining income FINANCIAL SUMMARY: No financial impact is expected. BACKGROUND: The Political Reform Act requires every local government agency to adopt a conflict of interest code designating certain positions participating in making decisions which may affect financial interests. In addition, local agencies are required to conduct a review of its conflict of interest code biennially to determine if it is accurate or if the code must be amended. Upon review of the City's Code, it has been determined that several amendments are necessary to bring the Code into compliance. Several changes are required to be amended as a result of new position titles and movement of positions into the Exempt Category in the City's Personnel Rules & Regulations which occurred during adoption of the City's Fiscal Year 2002-03 Budget. Additional Designated Employees include Assistant City Clerk, Associate Engineer, Development Services Assistant, Executive Assistant, Management Analyst, Public Information Manager, Recreation Supervisor, Senior Management Analyst and Senior Honorable Mayor and Members of the City Council September 18, 2002 Page Two Neighborhood Improvement Officer and removing the positions of Associate Civil Engineer, Communications and Marketing Director, Community Services Assistant, Recreation Superintendent and Senior Administrative Assistant. PREPARED BY: Lynda Burgess, City Clerk REVIEWED BY: nda Burgess, CoClerk Deputy City nager Attachments: Resolution No. 2002 -XX and Conflict of Interest Code Public Hearing Notice - September 10, 2002 itory #121586,5ystem LA14G2 by 5813- Time 10:56:40 Date 9106102 Ad # Filmed W06102 of 10.55.40. by 5$13 page f NOTICE OF P980C NEARONG NOTME i5 146RI11S'Y GIVEN 5Y the City Of Diamopd Sar that public hearing will be held by the City Cooncil ors Tczsnav, Qriuiorr 1, 20M at 7.00 P.M., vx` bi soon thereafter as t!te Matter can M neem in the AQMD Acaifvricm, 218M E= Copiev Drive,-DiarnonO Bar. Collf9rnia. pars"nio California Government Cods Section 87311. for the erssQos of A,snending Resomion No, 89.97 uBoQY,n9 4 Cbhfrk;t of interest Curie for dssignoted City Personnel in accordance iritis the Provisions of Political Reform AV Of 1974 c fornib ftVer49ilmetnt Code, Sectfbh SIM et M. ACE 11U.TERf:5.1'Ea PERS N S- are - invited to attend the hearing and express aWainea 6Y calling the City Cleric's Office M tISED: ' tembor S. 2002 V EMU Sureem City CieNC 12VA& 09/96/29-02 05:16 62€-` 562750' P9GF 0i -.1 M 96 m L- by S-213 Tim. e 1057&40' Date W06M storY #121 5y4e- - AQ KZZ Ad # Filruled 8106102 at 10:56 -40 --by SK -11: Page NOTICE OF PL381CIC HEARING NOTMra iS 1461MAY %NEN by t6e 21Y 67' CrjnM2nBV ffor mw. a U011 Ic herAV by the City coar—c-11 ,M) Tviii5ov'OciDbgr 1, 20iZz 'tit 7:00 P.M., ae di mi—bur merecif-er es t!:$a m, W41ar -con be li"r& in the AQMD.Avaiforlurn, 218M E. It Copley Drive, _ 5ornoni!l , Bar, Cij; fomm purse -ant llo Calown-a Govemml_'nt coda Section $7311, isr -tit, 11M.1.1 of Arnsnairm iftsulallon No. w177 bffa0-u6!g a CbAM4 of Interest Code for designated City Personnel in cccaraunce with the provisions of polifficui net -Orin Act of Wri, Gov--mment' CM -14-0• — Sectll6r) 810ho et sea. ALE IMTEPOSTEa PERSONS are lavlW to atiand iije hearing and express bbihiobs bh thi ft]QN-i hb*.fined above. FOR-TREML WFORMATION m&Y fie, a "alt S m *0 i5v CaRing the clerw. Office 's. 2m " a Sursessi City CWk Dium"O oar Idi - NOW- Tr-Ul*tW RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL, AND RESCINDING RESOLUTION NO. 89-97P IN ITS ENTIRETY A. Recitals. (i) The City of Diamond Bar has heretofore enacted a Conflict of Interest Code for designated personnel. (ii) The Political Reform Act of 1974, California Government Code Sections 81000, et seq., requires the City to adopt amendments to its Conflict of Interest Code to ensure employees of the City are appropriately designated when new employees are added to The City or changed circumstances occur with respect to job functions. (iii) Pursuant to the provisions of California Government Code Section 87311, a duly noticed Public Hearing was conducted and concluded prior to the adoption of this Resolution. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respect as set forth in the Recitals, (Part A, of this Resolution. 2. The City's Conflict of Interest Code, as heretofore adopted, hereby is amended by the adoption of a new Exhibit "A" setting forth Designated employees and disclosure categories pertaining thereto. 3. Persons holding designated positions shall) file statements of economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code. 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 1St day of October, 2002. Mayor Wen Chang 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 1st day of October, 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar ATTACHMENT A CONFLICT OF INTEREST CODE FOR THE CITY OF DIAMOND BAR The Political Reform Act, Government Code Section 81000, et. seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Diamond Bar. Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the City Council, Planning Commission and City Manager, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency. APPENDIX A DESIGNATED EMPLOYEES DISCLOSURE CATEGORIES Accountant II 2 Assistant City Clerk Cllty 1 AT Assistant to� Manager AsseGiate CNSl F=ng'Reer** ,2 I Associate Engineer 1 Assistant Engineer** 1 Associate Planner 1 City Clerk S^�....u,.�R�as A4ark 1,2 1,2 g�eete� T — Coordinator Communications and Assistant 6.gMMURity Ser..cry Assistarccrri - 1 Ges Deputy City Manager 4 1, 2 Deputy Public Works Director 1 Development Services Assistant 1 Diamond Bar Community Foundation Board of Directors (15) 1 Director of Community Development 1,2 Director of Community Services 1,2 Director of Public Works/City Engineer 1,2 Executive Assistant 1 Finance Director 1,2 Management Analyst 1 Parks & Recreation Commission 1 Public Information Manager 1 Public Works Supervisor 1 Recreation Supervisor Reereatien SUPerintendeRt 1 Senior Accountant Semen AsSiStaRt i 1 Adman'strative Senior Engineer 1 Senior Management Analyst 1 Senior Neighborhood Improvement Officer 1 Senior Planner 1 Superintendent of Parks & Maintenance 2 Traffic & Transportation Commission 1 • NOTE: City Council, City Manager, City Attorney, Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code Sections 87200, et. seq.), not this Code. Positions listed in bold type were reclassified in the 2002-03 Budget ATTACHMENT B CONSULTANTS, AD HOC COMMITTEES, TASK FORCES AND SIMILAR GROUPS ** Commission Regulation 18700 defines "consultant" as an individual who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve a rate, rule, or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; (v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vil) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code. ** With respect to consultants, ad hoc committees, task forces and similar groups, the City Manager shall determine in writing if a particular consultant, ad hoc committee, task force or similar group performs a range of duties requiring disclosure hereunder. That determination shall include a description of the consultant's, ad hoc committee's, task force's or similar group's duties and a statement of the extent of disclosure requirements. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. APPENDIX B Categga 1 Persons in this category shall disclose all interests in real property within the jurisdiction of the City. Real property shall be deemed to be within the jurisdiction if it or any part of it is located not more than two miles outside the City's boundaries or within two miles of any land owned or used by the City. Category 2 Persons in this category shall disclose all income from and investments in the businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City. In addition, as to any business entity in which the person or his or her spouse owns, directly, indirectly or beneficially, a ten percent or greater interest, the person shall disclose his or her pro rata share of the income and the sources of income of the entity if the entity provides or sells services or supplies of the type indicated in the first sentence of this paragraph. APPENDIX "C" 82030. Income. (a) "Income" means, except as provided in subdivision (b), a payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimbursement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a ten (10) percent interest or greater. "Income," other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (b) "Income" also does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100). (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (See 26 U.S.C.A. §501.) (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares, in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. � k . (5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States government or a commodity future registered with the Commodity Futures Trading Commission of the United States government, except proceeds from the sale of these securities and commodities futures. (6) Redemption of a mutual fund. (7) Alimony or child support payments. (8) Any loan or loans from a commercial lending institution which are made in the lender's regular course of business on terms available to members of the public without regard to official status if: (A) The loan is secured by the principal residence of filer; or (B) The balance owed does not exceed ten thousand dollars ($10,000). (9) Any loan from or payments received on a loan made to an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan or loan payment received from any such person shall be considered income if he or she is acting as an agent or intermediary for any person not covered by this paragraph. (10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand dollars ($10,000). (11) Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). (See 26 U.S.C.A. §401.) (12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States government or from the sale of commodities futures registered with the Commodity Futures Trading Commission of the United States government if the filer sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to know the identity of the purchaser. Agenda # 7 , 2 Meeting Date: October 1, 2442 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager AGENDA REPORT TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. 22987 SUBDIVIDING AN EXISTING 5.02 ACRE COMMERCIAL PARCEL LOCATED AT 259 GENTLE SPRINGS LANE INTO THREE COMMERCIAL LOTS. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2002 - XX approving Tentative Tract Map No. 22987. BACI:GROUND: The property owner, Ratan Hospitality and applicant, Carl Kobbins are requesting approval of Tentative Parcel Map No. 22987, (pursuant to Title 21, Subdivision Ordnance - Code Section 21.22). The request, if approved, will subdivide an existing commercial parcel into three commercial lots. On August 27, 2002, Tentative Parcel Map No. 22987 was presented to the Planning Commission. At that time, the Planning Commission received staff's report, opened the public hearing, received testimony and closed the public hearing. The Planning Commission recommended approval of Tentative Parcel Map No. 22987 via Resolution No. 2002-27. The project site, approximately 5.02 acres, is located at 259 Gentle Springs Lane (Parcel 1 of Parcel Map No. 15547). It is developed with a Best Western Diamond Bar hotel, a restaurant structure identified as Bistro D'Orlent and related landscaped and parking areas. The project site has a General Plan land use designation of General Commercial (C). It has a zoning designation of Regional Commercial (C-3) which became effective on September 20, 2002 due to the City Council approval of Zone Change No. 2002-01. Generally, the following zones and uses surround the project site: to the north is the Orange (57) Freeway; to the south is the Multi -family Residence -15 Units Per Acre (R -3-15U) Zone/condominiums; to the east is the Regional Commercial (C-3) Zone; and to the west is the Orange (57) Freeway, the Manufacturing -Development Plan -Billboard Exclusion (M -1 -DP -BE) Zone/self storage facility. DISCUSSION: According to Development Code Section 22.10.040, Table 2-7, the minimum lot area for a C- 3 zoning district is 10,000 square feet (.23 acres). Tentative Parcel Map No. 22987 proposes three lots: Lot 1 will be 1.32 acres and is developed with a restaurant structure and related landscaping and parking area; Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar hotel and related landscaping, parking area and swimming pool; and Lot 3 will be 1 acre and will be undeveloped. The proposed subdivision will meet the minimum lot area requirement for the C-3 zoning district. Several access points to the project site exist from Gentle Springs Lane (a non-public street) as follows: Lot 1 adjacent to the east property line; between proposed Lots I and 2; Lot 2; and Lot 3 which is a gated emergency access. Another gated emergency access point exists onto Prospectors Road from Lot 3. The proposed Tentative Parcel Map does not alter the existing site accesses. However, a map condition will require the property owner to execute and record a reciprocal access agreement for the three proposed lots prior to recordation of the map. The following matrix is a synopsis of each lot proposed by Tentative Parcel Map No. 22987: Lot No. Lot Size Use Access 1 1.32 acres Restaurant structure, related Gentle Springs Lane - 2 landscaping and parking area 2 2.70 acres Best Western Diamond Bar Gentle Springs Lane - 2 hotel, related landscaping, parking area and swimming pool 3 1.0 acres Undeveloped Gentle Springs Lane - gated emergency access Prospectors Road - gated emergency access The project site contains several easements. These easements relate to sanitary sewer, storm drain, flood hazard area and Edison and are mainly located with in the rear and front portions of the proposed lots. The easements are delineated on the proposed parcel map. The project site currently contains approximately 267 parking spaces. One hundred and seventy-nine (179) parking spaces within the hotel parcel and 88 parking spaces within the 2 restaurant parcel. The proposed restaurant that is being remodeled will require approximately 65 parking spaces. Pursuant to the Development Code, a hotel use requires one parking space for each guestroom plus one space for each two employees on the largest shift. The current number of employees on the largest shift of the Best Western Hotel is 6, thereby requiring three parking spaces. The hotel contains 96 units. Therefore, 96 parking spaces are required. As a result, a total 99 parking spaces are required for the hotel. It can be assumed that adequate parking is provided for the hotel as well as the restaurant. If the proposed parcel map is approved, the property owner will be required to execute and record a reciprocal parking agreement for all three,lots prior to recordation of the map. Parking and development standards for the proposed Lot 3 will be addressed at the time a development proposal is presented to the City. Lot 3 will be one acre and should be able to support the development standards for a C-3 zoning district. Additionally, a development project will require Development Review with the Planning Commission presiding. Gentle Springs Lane is a private street in need of improvements. The Public Works Division requires improvements related to street rehabilitation, street lights, sidewalk installation, storm drain improvements, and ADA retrofit. Additionally, Prospectors Road, a public street, is in need of improvements. The improvements are related to street lights, street trees and ADA retrofit. The Planning Commission included street upgrades in their conditions of approval as indicated in the attached resolutions. The City's Public Works Division and Building and Safety Division have reviewed Tentative Parcel Map No. 22987. Their recommendations are within the draft resolution. The proposed parcel map has been sent to approximately 10 agencies (fire department, utility companies, Cal Trans, etc.) that would be interested in such a project. Only three agencies responded — Los Angeles County Fire Department, Adelphia Cable and Los County Public Works. Their comments are also within the resolution. ENVIRONMENTAL ASSESSMENT: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15315(Class 15) and guidelines promulgated thereunder, the City has determined that this project is categorically exempt. No further environmental review is required. NOTICE OF PUBLIC HEARING: Notice for this project was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on September 18, 2002. Public hearing notices were mailed to approximately 250 property owners within a 700 -foot radius of the project site on September 16, 2002. Furthermore, the project site was posted with a display board and public notice was posted in three public places on September 17, 2002 PREPARED BY: 9 J A n J. Lu u, soci Planner tF 3 REVIEWED BY: James DeStefano, Deputy City Manager Attachments: 1. City Council Resolution No. 2002 -XX; 2. Planning Commission Minutes dated August 27, 2002; 3. Planning Commission Resolution No. 2002-27; 4. Exhibit "A" — Parcel Map No. 22987 subdivision dated October 1, 2002; 5. Application; 6 Aerial; and 7. Correspondences to the Planning Commission dated August 19, 2002 from Manocher and Ghazal Salehynia and Alfredo R. Perez. 4 CITY COUNCIL RESOLUTION RESOLUTION NO. 2002 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE PARCEL MAP NO. 22987 AND CATEGORICAL EXEMPTION IN ORDER TO SUBDIVIDE A 5.02 ACRE SITE INTO THREE LOTS FOR CURRENT AND FUTURE DEVELOPMENT. THE PROJECT SITE IS LOCATED AT 259 GENTLE SPRINGS LANE (LOT 1, PARCEL MAP No. 15547), DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The property owner, Ratan Hospitality and applicant, Carl Kobbins have filed an application for Tentative Parcel Map No. 22987 and categorical exemption for a property located at 259 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Tentative Parcel Map and categorical exemption shall be referred to as the "Application." 2. On September 18, 2002, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On September 16, 2002, public hearing notices were mailed to approximately 250 property owners within a 700 -foot radius of the project site. On September 17, 2002, the project site was posted with a display board and the public notice was posted in three public places. 3. On October 1, 2002, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15315(Class 15) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 1 3. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this City Council hereby finds as follows: (a) The project site is approximately 5.02 acres and located at 259'Gentle Springs Lane (Parcel 1 of Parcel Map No. 15547). The project site is developed with a Best Western Diamond Bar hotel, a restaurant structure and related landscape and parking areas. (b) The project site has a General Plan land use designation of General Commercial (C). (c) The project site is within the Regional Commercial (C-3) Zone. (d) Generally, the following zones and uses surround the project site: to the north is the Orange (57) Freeway; to the south is the Multifamily Residence -15 Units Per Acre (R -3-15U) Zone/condominiums; to the east is the Regional Commercial (C-3) Zone; and to the west is the Orange (57) Freeway and the Manufacturing -Development Plan -Billboard Exclusion (M -1 -DP -BE) Zone/self storage facility. (e) The Application request is to subdivide an existing 5.02 acre commercial parcel into three commercial lots as follows: Lot 1 will be 1.32 acres and is developed with a restaurant structure and related landscaping and parking area; Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar hotel and related landscaping, parking area and swimming pool; and Lot 3 will be 1 acre and undeveloped. Currently, a development project for Lot 3 has not been submitted to the City. Tentative Parcel Map (f) The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, and any applicable specific plan; The design and improvement of the proposed parcel map is generally already in place. The proposed parcel map will create two lots with existing development and one undeveloped lot. Lot 1 will be 9.32 acres and is developed with a restaurant structure and related 2 landscaping and parking area. Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar hotel and related landscaping, parking area and swimming pool. Lot 3 will be 1 acre and undeveloped. The size and configuration of the proposed lots is suitable for existing and future commercial development of the site. Additionally, the size of Lot 3 will meet the minimum lot area requirement for the C-3 zoning district and should be able to meet other development standards required for C-3 zoning district. The existing development of the proposed lots will be able to comply with the floor area ratio required for the General Commercial land use designation of the General Plan. (g) The site is physically suitable for the type or proposed density of development; The project site is 5.02 acres. The project site is relatively flat, has been graded and developed with improvements. The minimum lot area for a C-3 zoning district is 10,000 square feet. The proposed parcel map will create two lots with existing development and one vacant lot. Lot 1 will be 1.32 acres and is developed with a restaurant structure and related landscaping and parking area. Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar hotel and related landscaping, parking area and swimming pool. Lot 3 will be 1 acre and undeveloped The size and configuration of the proposed lots is suitable for existing and future commercial development of the site and complies with the required lot size for the C-3 zoning district. The project site is adequate and size to accommodate the existing development on the proposed separate lots and future development of the vacant lot. The site accommodates the required parking, drive aisles and existing easements and has been developed in compliance with a development standards for the C-3 zoning district in which the site is located. Conditions of approval will be applied to the proposed parcel map requiring execution and recordation of reciprocal parking and access agreement to ensure that the all lots will have adequately accessible parking and access. Furthermore, parking and development standards for the proposed Lot 3 will be addressed at the time a development proposal is presented to the City. Lot 3 will be one acre and should be able to support the development standards for a C-3 zoning district. Additionally, a development project will require Development Review with the Planning Commission presiding. (h) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or injure fish or wildlife or their habitat; Tentative Parcel Map No. 22987 will subdivide an existing parcel into three lots.. Lot 1 will be 1.32 acres and is developed with a restaurant 3 structure and related landscaping and parking area. Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar hotel and related landscaping, parking area and swimming pool. Lot 3 will be 1 acre and undeveloped. Therefore, Lots 1 and 2 have been improved. Lot 3, although vacant, is denude of vegetation with the exception of some weeds. Therefore, Lot 3 does not have the habitat that would support fish or wildlife. As a result, it is not expected that the proposed parcel map that will cause any additional environmental impacts to the site. (i) The design of the subdivision or the type of improvements will not cause serious public health or safety problems; As referenced above in Items (f), (g), (h) and below in Items (j), (k) and (1), the design of the subdivision or the type of improvements will not cause serious public health or safety problems. Q) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at -large for access through or use of, property within the proposed subdivision; Easements for utilities and a flood hazard area were designated on the underlying map, including the restriction of ingress and egress from Prospectors Road. limprovements are in place on the majority of the site. The proposed parcel map of three lots will not alter any of the existing easements or on-site improvements. (k) The discharge of sewerage from the proposed subdivision into the community sewer system will not result in the violation of existing requirements prescribed by the California Regional Water Quality Control Board; As referenced in Items (f) and (g) above, a majority of the project site is developed and connected to the sewerage system. The proposed parcel map was submitted to Los Angeles County Public Works and Sewer Maintenance Division, Walnut Valley Water District and California Regional Water Quality Control Board. These agencies' comments are incorporated in the conditions of approval. (1) A preliminary soils report does not indicate adverse soil per geological conditions and the subdivider has not fail to provide sufficient information to the satisfaction of the city engineer or council that the conditions can be corrected in the plan for the development; or A majority of the project site is developed and has improvements. The proposed parcel map causes no development to occur or changes in the existing development As a result, a preliminary soils report was not submitted with the application. However, when development is 4 proposed a soils report addressing geological conditions will be required to be provided and approved by the City. (m) The proposed subdivision is consistent with all applicable provisions of this title (Title 21), the Development Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act. The proposed parcel map is consistent with the applicable provisions of Title 21 - City of Diamond Bar Subdivision Ordnance, Development Code any other applicable provisions of the Municipal Code, and the Subdivision Map Act as referenced above in Items (f) and (g). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to Tentative Parcel Map No. 22987 labeled as Exhibit "A" dated October 1, 2002 as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall comply with all requirements of the State, City, Public Works Division, Building and Safety Division, Los Angeles County Fire Department and any other agencies with interest in Tentative Parcel Map No. 22987. (d) Prior to final map approval, the applicant shall submit a reciprocalaccess and parking agreement for Lots 1, 2 and 3 for the Planning Division and City Engineer's approval. Said agreement shall be recorded in perpetuity prior to final map recordation. (e) Any new or required easements shall be shown on the Tentative Parcel Map and shall be subject to the approval of the City Engineer. Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets, highways, access rights, building restriction rights or other easements. (f) Driveways and multiple access strips shall be labeled as "Private Driveway and Fire Lane" and delineated on the map to satisfaction of the City Engineer. (g) Prior to final map approval, the applicant shall obtain a written certification that all public utilities, public service and any other service related to the project site shall be available to service the project site and shall be submitted to the City's Public Works Division. Said letter shall be issued by the utility companies at least 90 days prior to final map approval. (h) Before the issuance of any City permits, the applicant shall submit an erosion control plan for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (i) Prior to final map approval and when final map is submitted for plan check, a title report/guarantee showing all fee owners, interest holders and nature of interest shall be submitted to the Public Works Division. The account shall remain open until final map is filed with the Los Angeles County Registrar-Recorder/County Clerk. An update title report/ guarantee and subdivision guarantee shall be submitted to the City's Public Works Division ten (10) working days prior to final map approval. (j) New boundary monuments shall be set in accordance with the California Subdivision Map Act and as required by the City Engineer. (k) Easements for storm water discharge onto or over adjacent parcels shall be delineated on the final parcel map as approved by the City Engineer. (1) Ali boundary monuments not found at the time of making the survey for the final parcel map shall be set in accordance with the California Subdivision Map Act and as approved by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets with the parcel boundary and to mark thereof or: other intermediate points to the approval of the City Engineer. Center of monument ties shall be subject to the City Engineer and the County of Los Angeles Department of Public Works Survey Division for approval. (m) Easements for public utility and public service purposes shall be offered and shown on the final map for dedication to the City. (n) All utilities shall be placed underground. (o) Subject to the approval of the Los Angeles County Fire Department, the driveway on Prospectors Road shall be replaced with curb, gutter and sidewalk. (p) Vehicle access to Prospectors Road shall be prohibited for the proposed parcel. The existing gates adjacent to Prospectors Route shall remain closed at all times. Los Angeles County Fire Department emergency access shall comply with the required standards. (q) Prior to the development of Lot 3, a traffic study shall be required to the satisfaction of the City Engineer. The developer shall comply with additional requirements, if any, as a means of mitigating traffic impacts identified in the traffic study, as approved by the City. (r) Prior to the development of Lot 3, hydrology study and hydraulics calculations shall be required to the satisfaction of the City Engineer. (s) Full street rehabilitation and improvements shall be made on. Gentle Springs Lane for complete traffic operations. Prior to final map approval, the applicant shall: (1) Provide street pavement rehabilitation to the southerly lot line of the Tentative Parcel Map; (2) Remove and replace any damaged sidewalks for continuity of pedestrian access, and curb, gutter and driveways on the north side of Gentle Springs Lane located within the boundaries of the Tentative Parcel Map; (3) Upgrade/retrofit existing drive approaches located within the boundaries of the Tentative Parcel Map to conform to ADA requirements; (4) Install street lighting on the north side of Gentle Springs Lane within the boundaries of the Tentative Parcel Map; (5) Lighting improvements shall be annexed into Los Angeles County Lighting Maintenance District 10006 and Los Angeles County Lighting District LLA -1; and (6) Provide off-site and on-site storm drain improvements for proper drainage of all lots when further development occurs. (t) Prior to final map approval, the applicant shall provide the following improvements on Prospectors Road: (1) Street lighting on the east side of Prospectors Road within the boundaries of the Tentative Parcel Map; (2) Lighting improvements shall be annexed Los Angeles County Lighting Maintenance District 10006 and Los Angeles County Lighting District LLA -1; (3) Street trees within the parkway of the Tentative Parcel Map boundaries on the east side of Propectors Road; and (4) Upgrade/retrofit existing drive approach located within the boundaries of the Tentative Parcel Map to conform to ADA requirements, (u) Each lot shall be served by a separate and independent sewer lateral. Sewer laterals shall be constructed in accordance with the Los Angeles County Department of Public Works Standards. (v) Each lot shall maintain and provide adequate on-site drainage. Cross lot drainage shall be prohibited unless a drainage study, prepared by a civil engineer and reviewed and approved by the City Engineer, determines that the current drainage of Lots 2 and 3 is adequate and can not be modified. If the current cross lot drainage can not be modified prior to final map approval, the property owner shall provide and record a reciprocal drainage agreement. If further development occurs on Lots 2 and/or 3, the property owner shall correct the drainage so that cross lot drainage does not occur. (w) Prior to final map approval, the applicant shall prepare Covenants, Conditions and Restrictions (CC&R's) for the subject property in a manner acceptable to the City Attorney and the City's development staff. The CC&R's shall provide for the repair and maintenance of common facilities such as the private -street, drainage facilities, lighting, landscaping, ingress and egress, and off-street parking, etc. (x) Access shall comply with Section 902 of the Fire Code, which requires all weather access. (y) Fire Department access shall be extended to within a 150 feet distance of any exterior portion of all structures. (z) Where driveways extend further than 300 feet and are of single access design, turnaround suitable for fire protection equipment use shall be provided and shown on the final map. Turnaround shall be designed, constructed and maintain to insure the integrity for Fire Department use. Where topography dictates, turnaround shall be provided for driveways that extend over 150 feet in length. (aa) Water mains, fire hydrants and fire flows shall be provided as required by the Los Angeles County Fire Department, for all land shown ion the map which shall be recorded. (bb) The required fire flows for public fire hydrants at this location shall be 5,000 gallons per minute at 20 psi for a duration of five hours, over and above maximum daily domestic demand. Three hydrants flowing simultaneously may be used to achieve the required fire flow. Additional fire hydrants may be required. The fire hydrants locations shall be determine upon submittal of the map showing the existing fire hydrants location. M (cc) Prior to final map approval, all required fire hydrants shall be installed, tested and excepted or bonded for. (dd) If any improvements have not been completed by the applicant and excepted by the City prior to approval of the final map, the applicant shall enter into a subdivision agreement with the City and post the appropriate securities. (ee) Prior to final map approval, the property owner shall submit to the City, for review and approval, a reciprocal access and parking agreement for the three lots. Said agreement shall be recorded in perpetuity, (ff) This grant is valid for two years and shall be exercised (i.e., map shall be recorded) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.66.050 of the City of Diamond Bar Development Code and make a recommendation to the City Council. (gg) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. (hh) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, the applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED THIS 1ST DAY OF OCTOBER 2002. Wen P. Chang, Mayor 9 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 1 st day of October, 2002 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar AUGUST 27, 2002 PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 17T.ffc.% #,-L PAGE S PLANNING COMMISSION 1194 Chisholm Trail (Lot 12 of Tract No. 37873) Diamond Bar, CA 91765 Mr. and Mrs. Eddie Pinzon 737 Featherwood Drive Diamond Bar, CA 91765 AssocP/Lungu presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2001-15, the Findings of Fact and conditions of approval as listed within the resolution. Joe Monfreda, 1931 Eloise Way, Upland, concurred with staff's report and conditions of approval. The owner desires to make the home compatible in every way possible with the surrounding neighborhood. Chair/Ruzicka opened the public hearing. There being no one present who wished to speak on this item, Chair/Ruzicka closed the public hearing. VC/Tye noted that the applicant has made every good effort to comply with the City's and Planning Commission's recommendations for this project. C/Nolan moved, C/Nelson seconded, to approve Development Review No. 2001-15, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Nelson, Tanaka, VC/Tye, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Tentative Parcel May No. 22957 (pursuant to Title 21, Subdivision Ordinance -- Section 21.22) is a request to subdivide one parcel into three Iots. Currently, the project site is developed with a restaurant structure and a hotel. If approved, the restaurant structure will be located on a 1.32 acre lot; the hotel will be located on a 2.70 acre lot; and the remaining I acre lot will be for future commercial development. The Planning Commission is charged with conducting a public hearing and making a recommendation to the City Council for this project. AUGUST 27, 2002 PAGE 6 PLANNING COMMISSION PROJECT ADDRESS: 259 Gentle Springs Lane (Lot 1 of Parcel Map No. l 5>4 '); Diamond Bar, CA 91765 PROPERTY OWNER: Ratan Hospitality 259 Gentle Springs Lane Diamond Bar, CA 91765 APPLICANT: Carl Kobbins 8880 Benson Avenue, #10 Montclair, CA 91763 AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission recommend City Council approval of Tentative Parcel Map No. 2298' (pursuant to Title 21, Subdivision Ordinance -- Section 21.22) is a request tc subdivide one existing commercial parcel into three commercial lots. AssocP/Lungu responded to C/Tanaka that her assumption was that the applz,,ant read Condition (p) on page 6, and concurs with it since there has been no ohiectior: expressed. AssocP/Lungu indicated to C/Nelson that in her opinion, this proposal increases the opportunity for development of the vacant area. PC/Meyer suggested to Chair/Ruzicka that the Commission consider a condition to create an association so that common CC&R's that are accept: ok to the Ckv Attorney would be included. All of the ingress/egress, parking, drainage issues, etc. are dependent upon adjoining parcels. What should be prohibited it the Jong tear: is. that the parcels, if sold to three independent donors, would havc rens^es baht along the property lines. Carl Kobbins, applicant, said he read staff's report and concurs with )posed conditions. He wasn't certain he understood staff's proposed revision with respect tc the cross -lot drainage. PC/Meyer explained to Mr. Kobbins that without the requi;r kw .-m t'r , the coxnnvwi association and various specifications that would include main l'Gr�gnce the drainage channel, individual owners would not be required to comply >,+1 Via,. -::ante of the common drainage system. In addition, access to the site is vi and not AUG M, 27; -2002 PAGE 7 PLANNING CONBHSSION a public street. Therefore, the association would have responsibility for maintaining the street. P. N. Patel, property owner, thanked the Commission for its consideration. He explained the recent purchase of the property and how he proposes to improve the parcels. He questioned some of the proposed conditions. PC/Meyer explained that the property owners concerns could be worked out through the implementation of CC&R's. The City's intent is to insure that all three property owners -work together as a unit for the common good of the three parcels. Therefore, staff is proposing the following condition: "The applicant shall prepare Covenants, Conditions and Restrictions for the subject property in a manner acceptable to the City Attorney and the City's Development staff. The CC&R's shall provide for the repair and maintenance of common facilities such as the private -street, drainage facilities, lighting, landscaping, ingress and egress, and off-street parking, etc." Chair/Ruzicka opened the public hearing. There being no one present who wished to speak on this matter, Chair/Ruzicka closed the public hearing. VC/Tye said that when he contemplates a project, he asks himself three questions: Is it good for the City? Is it good for the project? And is it good for the neighborhood? He does not believe that this subdivision meets that stated criteria. This property was owned by one individual who put up a fence/gate to keep out a tenant because of parking problems. Problems would be created on this inaccessible piece of property if the hotel owner decided, due to differences of opinion with the new owner, that they cannot have access. In accordance with this proposal, access to Parcel No. 3 is via an alley. Therefore, access would, by necessity, be through the hotel property. He suggested that if development takes place, that it take place with the current ownership and that the property not be divided into three parcels. PC/Meyer pointed out that the proposed association would address VC/Tye's concerns. Accordingly, access and parking lots would all have common benefit. One parcel could not be blocked off from having access. VC/Tye asked PC/Meyer how subdividing this property would be an improvement over development by a single owner. AUGUST 27, 2002 PAGE 8 PLANNING COMMISSION PC/Meyer pointed out that for example, subdivision of the parcels would create a greater opportunity for financing development by allowing the owner to encumber only one parcel. VC/Tye moved to recommend City Council denial of Tentative Parcel Map No. 29987. Motion died for lack of a second. C/NoIan moved, C/Tanaka seconded, to recommend City Council approval of Tentative Parcel Map No. 22987, the Findings of Fact, and conditions of approval as listed within the resolution including a condition to create an association as proposed by PC/Meyer. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Tanaka, Nelson, Chair/Ruzicka NOES: COMMISSIONERS: VC/Tye ABSENT: COMMISSIONERS: None 7.4 Development Review No. 2002-19 (pursuant to Code Section 22.48.020) is a request to construct a two-story, single family residence of approximately 11,382 gross square feet including balconies, porch, covered patio, attached four -car garage, detached 504 square foot two -car garage, and a guesthouse with porch totally 365 square feet. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 3159 Windmill Drive (Lot 10, Tract 50314) Diamond Bar, CA 91765 Windmill Estates, LLC 3480 Torrance Boulevard #300 Torrance, CA 90503 DSA/Smith presented staff's report. Staff recommends Planning Commission approval of Development Review No. 2002-19, the Findings of Fact, and conditions of approval as listed within the resolution. In response to C/Tanaka, DSA/Smith explained that access to this property is from Wagon Train Lane through "The Country Estates" entry. Kurt Nelson, Windmill Estates, LLC, stated that he reviewed staff's report and concurs with the conditions of approval. This project is a custom pre -sold home. PLANNING COMMISSION RESOLUTION NO. 2002-27 A RESOLUTION OFTHE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING APPROVAL TO CITY COUNCIL OF TENTATIVE PARCEL MAP NO. 22987 AND CATEGORICAL EXEMPTION IN ORDER TO SUBDIVIDE A 5.02 ACRE SITE INTO THREE LOTS FOR CURRENT AND FUTURE DEVELOPMENT. THE PROJECT SITE IS LOCATED AT 259 GENTLE SPRINGS LANE (LOT 1, PARCEL MAP NO. 15547), DIAMOND BAR, CALIFORNIA. A. RECITALS The property owner, Ratan Hospitality and applicant, Carl Kobbins have filed an application for Tentative Parcel Map No. 22987 and categorical exemption for a property located at 259 Gentle Springs Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Tentative Parcel Map and categorical exemption shall be referred to as the "Application." 2. On August 13, 2002, public hearing notices were mailed to approximately 250 property owners within a 700 -foot radius of the project site. On August 15, 2002, the project site was posted with a display board and the public notice was posted in three public places. On August 16, 2002, notification of the public hearing for this project was provided in the San Gabriel_ Valle]t_Tribune and Inland ValleTr Daily Bulletin newspapers. 3. On August 27, 2002, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows; This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the project identified above in this Resolution is categorically exempt pursuant to Section 15315(Class 15) of the California Environmental Quality Act (CEQA) and guidelines promulgated thereunder. Furthermore, the categorical exemption reflects the independent judgement of the City of Diamond Bar. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wild life -resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth herein, this Planning Commission hereby finds as follows: (a) The project site is approximately 5.42 acres and located at 259 Gentle Springs Lane (Parcel 1 of Parcel Map No. 15547). The project site is developed with a Best Western Diamond Bar hotel, a restaurant structure and related landscape and parking areas. (b) The project site has a General Plan land use designation of General Commercial (C). (c) The project site is within the Commercial Planned Development (CPD) Zone. (d) Generally, the following zones and uses surround the project site: to the north is the Orange (57) Freeway; to the south is the Multi -family Residence -15 Units Per Acre (R -3-15U) Zone/condominiums; to the east is the Commercial Planned Development (C P D) Zone; and to the west is the Orange (57) Freeway, the Manufacturing -Development Plan -Billboard Exclusion (M -1 -DP -BE) Zone/self storage facility. (e) The Application request is to subdivide an existing 5.42 acre commercial parcel into three commercial lots as follows: Lot 1 will be 1.32 acres and is developed with a restaurant structure and related landscaping and parking area; Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar Hotel and related landscaping, parking area and swimming pool; and Lot 3 will be 1 acre and undeveloped. Currently, a development project has not been submitted to the City. Tentative Parcel Map (f) The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan, and any 2 applicable specific pian; The design and improvement of the proposed parcel map is generally already in place. The proposed parcel map will create two lots with existing development and one vacant lot. Lot 1 will be 1.32 acres and is developed with a restaurant structure and related landscaping and parking area. Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar hotel and related landscaping, parking area and swimming pool. Lot 3 will be 1 acre and undeveloped. The size and configuration of the proposed lots is suitable for existing and future commercial development and of the site. The existing development of the proposed lots will be in compliance the floor area ratio required for the General Commercial land use designation. (g) The site is physically suitable for the type or proposed density of development; The project site is 5.02 acres. The project site is relatively flat, has been graded and developed with improvements. The minimum lot area for a C-3 zoning district is 10,000 square feet. The proposed parcel map will create two lots with existing development and one vacant lot. Lot 1 will be 1,32 acres and is developed with a restaurant structure and related landscaping and parking area. Lot 2 will be 2.70 acres and is developed with the Best Western Diamond Bar hotel and related landscaping, parking area and swimming pool. Lot 3 will be 1 acre and undeveloped. The size and configuration of the proposed lots is suitable for existing and future commercial development and of the site. The size and configuration of the proposed lots is suitable'for existing and future commercial development of the site and complies with the required lot size for the C-3 zoning district. The project site is adequate and size to accommodate the existing development on the proposed separate lots and future development of the vacant lot. The site accommodates the required parking drive aisles and existing easements and has been developed in compliance with development standards for the 0-3 zoning district in which the site is located. Conditions of approval will be apply to the proposed parcel map requiring execution and recordation of her reciprocal parking and access agreement to ensure that the interval the jewel lots will have adequate accessible parking and access to each lot. (h) The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or injure fish or wildlife or their habitat; 3 The project site has been previously cleared, graded and improvement. Asa result, it is not expected that the proposed parcel map that will create three lots will not cause any additional environmental impacts to the site. (i) The design of the subdivision or the type of improvements will not cause serious public health or safety problems, - As referenced above in Items (f), (g), (h) and below in Items 0), (k) and (l), the design of the subdivision or the type of improvements will not cause serious public health or safety problems. . (j) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at -large for access through or use of, property within the proposed subdivision; Easements for utilities and a flood hazard area were designated bn the underlying map, including the restriction of ingress and egress from Prospectors Road. In improvements are in place on the majority of the site. The proposed parcel map of three lots will not alter any of the existing easements or on-site improvements. (k) The discharge of sewerage from the proposed subdivision into the community sewer system will not result in the violation of existing requirements prescribed by the California Regional Water Qua[ity Control Board; As referenced in Items (f) and (g) above, a majority of the project site is developed and connected to the sewerage system. The proposed parcel map was submitted to Los Angeles County Public Works and Sewer Maintenance Division, Walnut Valley Water District and California Regional Water Quality Control Board. These agencies' comments are incorporated in the conditions of approval (1) A preliminary soils report does not indicate adverse soil per geological conditions and the subdivider has not fail to provide sufficient information to the satisfaction of the city engineer or council that the conditions can be corrected in the plan for the development; or A majority of the project site is developed and has improvements. The proposed parcel map causes no development to occur or changes in the existing development. As a result, a preliminary soils report was not submitted with the application. However, would development occurs a soils report to addressing geological conditions will be required to be provided and approved by the City. 4 (m) The proposed subdivision is consistent with all applicable provisions of this title (Title 21), the Development Code, any other applicable provisions of the Municipal Code, and the Subdivision Map Act. The proposed parcel map is consistent with the applicable provisions of Title 21- City Of Diamond Bar Subdivision Ordnance, Development Code any other applicable provisions of the Municipal Code, and the Subdivision Map Act as referenced above in Items (f) and (g). 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) The project shall substantially conform to Tentative Parcel Map'No. 22987 labeled as Exhibit "A" dated August 27, 2002 as submitted and approved by the Planning Commission, and as amended herein. (b) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (c) The applicant shall comply with all requirements of the State, Gity, Public Works Division, Building and Safety Division, Los Angeles County Fire Department and any other agencies with interest' in Tentative Parcel Map No. 22987. (d) Prior to final map approval, the applicant shall submit a reciprocal access and parking agreement for Lots 1, 2 and 3 for the Planning Division and City Engineer's approval. Said agreement shall be recorded in perpetuity prior to final map recordation. (e) Any new or required easements shall be shown on the tentative parcel map and shall be subject to the approval of the City engineer, Easements shall not be granted or recorded within areas proposed to be granted, dedicated, or offered for dedication for public streets, highways, access rights, building restriction rights or other easements. 5 (f) Driveways and multiple access strips shall be labeled as "Private Driveway and Fire Lane" and delineated on the map to satisfaction of the City engineer. (g) Prior to final map approval, the applicant shall obtain a written certification that all public utilities, public service and any other service related to the project site shall be available to service the project site and shall be submitted to the City's Public Works Division. Said letter shall be issued by the utility companies at least 90 days prior to final map approval. (h) Before the issuance of any City permits, the applicant shall submit an erosion control pian for the City's review and approval. The erosion control plan shall conform to National Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's). Additionally, the applicant shall obtain the necessary NPDES permits. (i) Prior to final map approval and when final map is submitted for plan check, a title report/guarantee showing all fee owners, interest holders and nature of interest shall be submitted to the Public Works Division. The account shall remain open until final map is filed with the Los Angeles County Registrar-Recorder/County Clerk. An update title report/ guarantee and subdivision guarantee shall be submitted to the City's Public Works Division ten (f 0) working days prior to final map approval. Q) New boundary monuments shall be set in accordance with the California Subdivision Map Act and as required by the City Engineer. (k) Easements for storm water discharge onto or over adjacent parcels shall be delineated on the final parcel map as approved by the City Engineer. (1) All boundary monuments not found at the time of making the survey for the final parcel map shall be set in accordance with the California Subdivision Map Act and as approved by the City Engineer. Street centerline monuments shall be subject to approval by the City Engineer. Street centerline monuments shall be set to mark the intersections of streets with the parcel boundary and to mark thereof or other intermediate points to the approval of the City Engineer. Center of monument ties shall be subject to the City Engineer and the County of Los Angeles Department of Public Works Survey Division for approval C-9 (m) Easements for public utility and public service purposes shall be offered in shown on the final map for dedication to the City. (n) All utilities shall be placed underground. (o) Subject to the approval of the Los Angeles County Fire Department, the driveway on Prospectors Road shall be replaced with curb, gutter and sidewalk. (p) Vehicle access to Prospectors Road shall be prohibited for the proposed parcel. The existing gates adjacent to Prospectors Route shall remain closed secure at all times. Los Angeles County Fire Department emergency access shall comply with the required standards. (q) Prior to the development of Lot 3, a traffic study shall be required to the satisfaction of the City Engineer. The developer shall comply with any additional requirements, if any, as a means of mitigating any traffic impacts identified in the traffic study as approved by the City. (r) Prior to the development of Lot 3, hydrology study and hydraulics calculations shall be required to the satisfaction of the City Engineer. (s) Full street rehabilitation and improvements shall be made on Gentle Springs Lane for complete traffic operations. Prior to final map approval, the applicant shall: (1) Provide street pavement rehabilitation to the southerly lot line of the parcel map; (2) Remove and replace any damaged sidewalks for continuity of pedestrian access, and curb, gutter and driveways on the north side of Gentle Springs Lane located within the boundaries of the Tentative Parcel Map; (3) Upgrade/retrofit existing drive approaches located within the boundaries of the Tentative Parcel Map to conform to ADA requirements; (4) Install street fighting on the north side of Gentle Springs Lane within the boundaries of the Tentative Parcel Map; (5) Lighting improvements shall be annexed into Los Angeles County Lighting Maintenance District 10006 and Los Angeles County Lighting District LLA -1; and (6) Provide off-site and on-site storm drain improvements for proper drainage of all lots when further development occurs. (t) Prior to final map approval, the applicant shall provide the following improvements on Prospectors Road: 7 (1) Street lighting on the east side of Prospectors Road within the boundaries of the Tentative Parcel Map; (2) Lighting improvements shall be annexed Los Angeles County Lighting Maintenance District 10006 and Los Angeles County Lighting District LLA -1; (3) Street trees within the parkway of the Tentative Parcel Map boundaries on the east side of Prospectors Road; and (4) Upgrade/retrofit existing drive approach located within the boundaries of the Tentative Parcel Map to conform to ADA requirements. (u) Each lot shall be served by a separate and independent sewer lateral. Sewer laterals shall be constructed in accordance with the Los Angeles County Department of Public Works Standards. (v) Each lot shall maintain and provide adequate on-site drainage. Cross lot drainage shall be prohibited unless a drainage study, prepared; by a civil engineer and reviewed and approved by the City Engineer, determines that the current drainage of Lots 2 and 3 is adequate and can not be modified. If the current cross lot drainage can not be modified, prior to final map approval, the property owner shall provide in record a reset the cool drainage agreement. If further development occurs on lots to a and/or three, the property owner shall correct the drainage that cross lot drainage does not occur. (w) Prior to final map approval, the applicant shall prepare Covenants, Conditions and Restrictions (CC&R's) for the subject property in a manner acceptable to the City Attorney and the City's Development staff. The CC&R's shall provide for the repair and maintenance of common facilities such as the private -street, drainage facilities, lighting, landscaping, ingress and egress, and off-street parking, etc. (x) Access shall comply with Section 902 of the Fire Code, which requires all weather access. (y) Fire Department access shall be extended to within a 150 feat distance of any exterior portion of all structures. (z) Where driveways extend further than 300 feet and are of single access designed, turnaround suitable for fire protection equipment use shall be provided in shown on the final map. Turnaround shall be F designed, constructed and maintain to insure their integrity for Fire Department use. Where topography dictates, turnaround shall be provided for driveways that extend over 150 feet in length. (aa) Water mains, fire hydrants and fire flows shall be provided as required by the Los Angeles County Fire Department, for all land shown on the map which shall be recorded. (bb) The required fire flows for public fire hydrants at this location shall be 5000 gallons per minute at 20 psi for a duration of five hours, over and above maximum daily domestic demand. Three hydrants flowing simultaneously may be used to achieve the required fire flow. Additional fire hydrants may be required. The fire hydrants locations shall be to determine upon submittal of the map showing the existing fire hydrants location. (cc) Prior to final map approval, all required fire hydrants shall be installed, tested and accepted or bonded for. (dd) If any improvements have not been completed by the applicant and excepted by the City prior to approval of the final map, the applicant shall enter into a subdivision agreement with the City into post the appropriate securities. (ee) Prior to final map approval, the property owner shall submit to the City for review and approval a reciprocal access and parking agreement for the three lots. Said agreement shall be recorded in perpetuity. (ff) This grant is valid for two years and shall be exercised (i.e., map shall be recorded) within that period or this grant shall expire. A one-year extension of time may be approved when submitted to the City in writing at least 60 days prior to the expiration date. The Planning Commission will consider the extension request at a duly noticed public hearing in accordance with Chapter 22.66.050 of the City of Diamond Bar Development Code. (gg) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Community and Development Services Department, their affidavit stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays remaining City processing fees, school fees and fees for the review of submitted reports. 0 (hh) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check of $25.00 for a documentary handling fee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a deminimis impact on fish and wildlife, Ahe applicant shall also pay to the Department of Fish and Game any such fee and any fine which the Department determines to be owed. The Planning Commission shall: (a) Certify to the adoption of this Resolution, and (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: Ratan Hospitality, 259 Gentle Springs Lane, Diamond Bar, CA 91765 and Carl Kobbins, 8880 Benson Avenue, Suite 100, Montclair, CA 91763. APPROVED AND ADOPTED THIS 27Th OF AUGUST 2002, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Joe Ruzi a, G irman I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 27th day of August 2002, by the following vote: AYES: Ruzicka, Nelson, Nolan, Tanaka NOES: Tye ABSENT: None ABSTAIN: None ATTEST: James DeSt4ano, Secretary 10 251/1 ozA' D PV r t%,O - o b _ o w �ow 17 Ia � III MERINFPyii / fff e' o v z F7 c j Q z % m 00 T mmo Om /p m ooz v o $ e c 251/1 "i o- D PV r t%,O - m ymA 71 0 3 17 Ia � III MERINFPyii / fff e' o v z F7 c j 251/1 "i o- l?I a aaz wx H t%,O - b ymA i i Us MERINFPyii m Fyi � e' o v z F7 c j Q z % m 00 T mmo Om /p m ooz v o Z a opo (nom a� n { >Q Own o I- m o �c o v U) O Q C ,u7 D D V zoo y m :< 7 � a >� z cn co —12 "i o- l?I a aaz wx H t%,O - b ymA i Us MERINFPyii 21825E JPLEY DRIVE -X (INSIDE tVERNMENT CENTER) r. _ PPL # _ t DIAMOND BAR, CA 91765 t (� 909 396 5676 FAX 909 861 3117`1 �-' P .1JtvlNlUiV APIPLICATIQiIY By �o Date Reed -6 1-1 v Record Owner Applicant Applicant's Agent Namef 4405P1712i t 1'[ 44C Y PA is ImS_ Ci1i_'atLT. _ (Last name first) (Last rime fust) (Last name fust) Address bA LL �PRrlfffSLAri!��DFNSt'Jri�►L�OQ ckyy t R o'� 3b a Ai dW 1C �- 612 N I 1 7 2 .. Phone( ) NOTE: n is the applicant's responsibility to notify the Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate sheet, if necessary, iiatuding named, addresses, and signatures of members of p aumrships, joint ventures, and directors of corporations.) Conseat: I cerfq that I um,}du owner _gjthe herein desenbed properly and permit the cpp&%d to file this request Signed U!'� loll a , 1J Date 21j 0'2. (All record owners) Cert'{ fmdon: I, the .undersigwd, hereby cert{ fy under penalty of perjury that the ie{ formation herein provided is correct to the best of my knowledge. Print Narne e¢}'lE L T._ (Applicant or Agent) Signed Date 1Z O e 7Z,_, (Applicant or Agent) i.acation o ? l . P, m. il/0 . ! S 5 q 7 t3 k+ 17 2 (Street address Zr tract and lot number) 77'111, behm&&Iw7t.t .s G w and _d 34R 9�Vp . (Streek) (SUIM). .;� Zoning Q ��- — — - HNM Previous Cases PAmn�"A' 1&,��a.rim� C°rYr►w.. w , : /1 97 Pteseat Use of Site .�,ne�.a•-f' a^!yl Use applied for t" IVc7 d -M, Domestic warner Source1VO-11ko VIt1��., �s� Ge • Company/Dishict Method of Sewage Disposal �^►"� Sanitation District _ k. Grading of Lots by Applicant`' ES NO OK Amom, (Show necessary grading design on site plan or tent. map) . LEGAL DESCRIPTION (All ownership comprising the proposed lots/project) If petitioning for zone change, attach legal d sciiption of exterior boundaries of area subject to the change.) / OAK TREE STATEMENT [ The subject property contains no oak trees. f 1 The subiect nronerty contains one or more oak trees. however the annlicant anticipates that nn activity r Project Applicant (tom: Project Representative: NAMM T? k Q Q wSO m lY E #100 NAME ADDRESS ,.. ADDRESS herr N't cLr�ie IC.+ C11763 9LI 9 (7 q_) PHONE # PHONE # 1. Action requested and project description: Staff Use Project No. 3b. Previous use of site or structures: 4. Please fist all previous cases (if any)l_ated to this project: 5. b. 7. Are you planning future pleases of this project? Y N If yes, explain Project Area: Covered by structures, paving: Landscaping: _ open space: Total Area: C:. 1�ua11VC4a ua •avv♦ 9. Present zoning: 10. Water and sewer service: Domestic Public Water Sewers Does service exist at site? D N © N If yes, do purveyors have capacity to meet demand of project and all other approved � projects? UY N N If domestic water or public sewers are not available, how will these services be . provided? 7 R. - 18. Identify any: End`, .ducts N r).,k Waste products ay' : Means of disposal r1i wo—o— 19. Do project operations use, store or produce hazardous substances such as oil, pesticides, chemicals, paints, or ra4oactive materials? YES �1' If yes, explain 20. Do your operations require any pressurized tanks? YES If yes, explain 21. Identify any flammable, reactive or explosive materials to be located on-site. 22. Will delivery or shipment trucks travel through residential areas to reach the nearest highway? YES NO If yes, explain • � A. �.iv v1tS.ViV1Vi�iV inc.. ll�rvnirlelilu'� i. Environmental Setting—Project Site 8. Existing use/structures 4 `VATQa1t b. Topography/slopes A. "O., r— aid_; a Nh-1"` '�. Vegetation *d. Animals *e. Watercourses f. Cultural/historical resources g. Other * Answers are not required if the area does not contain na-taml, undeveloped land.' 3. Are there any major tt.. -,on the site, including oak trees? YES If yes, type and number: 4. Will any natural watercourses, surface flow patterns, etc., be changed through project development? YES /fNDJ If yes, explain: 5. Grading: Will the project require grading? -YES CN If yes, how many cubic yards? Will it be balanced on site? ol1� YES NO If not balanced, where ///will dirt be obtained or deposited? 6. Are there any identifiable landslides or other major geologic hazards on the property (including uncompacted fill)? YES NO If yes, explain: 7. Is the property located within a high fire hazard area (hillsides with moderately dense vegetation)? YES Distance to nearest fire station: S. Nouse: Existing noise sources at site: A . Noise to be generated by project: Fumes: Odors generated by project: Could toxic fumes be generated?t� CERTIFICATION: I hereby certify that the statements haushed above and in the attached exhibits present the data and information required for this initial evaluation to the best of my ability, and that the facts, statements, and information presented are true and correct to the best of my knowledge and belief. i oz. Date signature For. �. %V f��•C.�t.X EASEMENTS OF RECORD AFFIDAVIT STATE OF CALIFORNIA COUNTY .OF LOS ANGELES ss. CITY OF DIAMOND BAR 1, Tt eQ s 0 N A. Jn , declare under penalty of perjury that all easements of record, [as shown on Preliminary Title Report No. 3 Dated Zfuruished this office by (company) A W e s T 4, B o +�t P are shown on the tentative map No. 27. 7 and that if the easements are blanket or indeterminate in nature that a statement to that effect has been placed on the tentative map. The purpose and ownership of all easements are also stated. Executed at*7Lro;-O ► , California, this day of xZ o O Z (J1QC e Signature Owner/Subdivider/Subdivider's Agent NOTE: The use of that portion of the affidavit in bracket is optional and may be deleted. M felot LIONG F441i 3: n i- � �.-�....✓ ,�^ .K"� .PZ'> f � �. i¢ l`3; ��.Y. Y ;� #� ;- gyp" � a ;ops tF r :F- 04 fC ''• •yam^.., a`' p� g ..r _ p _ n,. ' ' n l y ! ► = k do �# ��iy, - • s. � C,rZy .A� I2` 'oaf'_• f. +rte '.� 111 f o ertr.'Y 97 Ap NJr AUGUST 19, 2002 Diamond Bar Community and Development Service Planning Division 21825 Copley Drive Diamond Bar, Ca 91765 RE: Tentative Parcel Map No. 22987 Dear Gentle Person We residence of 348 S. Prospectors Rd. 2, received your notice: for hearing Tuesday, August 27,2002, 7:00 P.M. We may unable to attend the public hearing But we want to make our objection for above Parcel Map Because we have already having problem from many commercial development on small street. We do not want another commercial development. Tank you for your time and cooperation. Sincerely, i f � C M-Knc che�& Ghazal�Sale�i i , /J ! W'7 August 22, 2002 Diamond Bar Community and Development Services Department/Planning Division. 21825 Copley Drive Diamond Bar CA. 91765 RE: Tentative P arcei Map No. 22987 Dear Person We are living at 348 S. Prospector Rd. #C, Diamond Bar ,CA. 91765. Received the Notice Of Public Hearing for Tuesday, August 27,2002,7:00 P.M. We may not be able attend the Hearing, But want to you know our objection for the ave new Parcel Map NO. 15547. Because there are many major commercial developments in this small street Hotel, K.F.C., Mack Donald, Night Club, Restaurant, and you name it. Also had been neglected by the city completely. No cleaning and no any repairer. Therefore we do not need another development. We appreciated to consider our opinion, thank you for your time. Sincerely r Agenda # _ 2T1_ Meeting Date: Oct. 1,_2002 CITY COUNCIL AGENDA REPORT r9gg TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVAL OF RECOMMENDATION TO OPPOSE PROPOSITION 52, ELECTION DAY VOTER REGISTRATION, ON THE NOVEMBER 2002 BALLOT RECOMMENDATION: The Legislative Subcommittee recommends that the City Council oppose Proposition 52; direct staff to draft letters reflecting the appropriate position for the measure and authorize the Mayor to execute each letter on behalf of the City. FINANCIAL IMPACT: No financial impact to the City is anticipated. BACKGROUND/DISCUSSION: Proposition 52 - Election Day Voter Registration. Voter Fraud Penalties. Initiative Statute. Proponents of this measure are seeking to increase voter turnout by allowing unregistered, :eligible voters to both register and vote at their local polling place (after providing adequate identification and proof of residency) on Election Day. The goals of the initiative are as follows: O To allow persons who are legally eligible to vote and have valid identification to register to vote on Election Day at their polling place. O To increase criminal penalties for voter and voter registration fraud. O To require trained staff at polling places to manage Election Day registration. O To create a fund to implement the measure to include training and providing personnel for Election Day registration. O To allow persons to register or reregister during the 28 days preceding Election Day at local election offices (interpreted as County Clerk's offices). O To provide more time to county election officials to prepare voter registration lists. Honorable Mayor and Members of the City Council September 26, 2002 Page Two Concerns raised by California election officials regarding this measure include: ® The Riverside County Clerk has indicated that the measure would remove safeguards against electoral fraud because it would not require "provisional ballots" for those who register on Election Day. Currently, people whose eligibility is in dispute have their ballots separated and verified later. If the initiative passes, voters who register on Election Day will have their ballots mixed in with everyone else's. ® An aide to Bill Jones, Secretary of State, expressed that "busloads of people could move into a close, targeted district for a day, vote and leave town without technically breaking the law." O Minnesota's Secretary of State Mary Kiffmeyer, reports that serious administrative problems already occur in that State because some precincts run out of ballots, while others are overstocked because no one can predict how many will be needed. In addition, voters experience long lines at the polling place, get frustrated and leave. O Even proponents of similar legislation in other, smaller states worry that because of California's large, unstable population, the risk of fraud in California is too great. Curtis Gans, Director of the Committee for the Study of the American Electorate, stated "It's not beyond the imagination that one party or another will register aliens on the last day and there's no protection against that except criminal penalties, which have not been effective" (in California). O Even though the measure would require a person registering to vote on election day to provide identity with some form of ID, (most likely a driver's license), not ail driver's license holders are citizens. Current law allows legal residents to get licenses and the Governor is currently considering signing legislation to allow many illegal aliens to get California driver's licenses. O Election officials have been experiencing a decline in voter willingness to serve at polling places on Election Day for a number of years and creative avenues are being explored to provide greater incentives for polling place workers. The measure would add one more required polling place staff member for processing of same day', voter registrants. O One more issue not addressed by the proponents is the concern about how eligible but unregistered voters will be able to identify and therefore, appear at the proper polling place. And, since these individuals will not receive voter pamphlets, not only will they not know the proper polling address, but they also may not have enough information at Honorable Mayor and Members of the City Council September 26, 2002 Page Three their disposal to determine how to vote on many of the ballot issues or choose the appropriate candidate. Prepared by: Lynda Burgess, City Clerk REVIEWED BY: i L nda Burgess, City Jerk David Doyle, Deputy City Manager Attachments: Official Title and Summary, Analysis by the Legislative Analyst and Arguments in Favor and Against Proposition 52 Text of Proposition 52 TEXT OF PROPOSED LAWS PROPOSITION 51 (Wnt.) (e) Notwithstanding any other provision of this section, Section 2 of this act shall take effect on January 1, 2003, SEC. 24. (a) This act shall be liberally construed to further its purposes, especially with respect to being allowed to rake effect. (b) Any conflict between a provision in this act and any other provision of law in existence prior to the effective date of this act shall be resolved in favor of the provision in this act. (c) The act shall be implemented in the most expeditious manner. All state and local officials shall implement this act to the fullest extent of their authority. (d) Any person has standing to enforce any provision of this act. (e) Money appropriated, expended, or transferred pursuant to this measure shall not be deemed to be a transfer of funds for the purposes of Chapter 9 (commencing with Section 2780) of Division 3 of the Fish and Came Code. PROPOSITION 52 This initiative measure is submitted to the people in accordance with the provisions of Section 8 of Article 11 of the California Constitution. This initiative measure amends and adds sections to the Elections Code; therefore, existing provisions proposed to be deleted are printed in - il _ete eype and new provisions proposed to be added are printed in italic type to indicate that they are new. PROPOSED LAW ELECTION DAY VOTER REGISTRATION ACT OF 2002 ARTICLE 1. TITLE SECTION 1. This measure shall be known and may be cited as the "Election Day Voter Registration Act of 2002." . ARTICLE 2. FINDINGS AND PURPOSES SEC. 2. The people cif the State of California hereby find and declare: (1) It should be the policy of this state to ensure that every legally efigible voter who wants to vote has the chance to do so. (2) Voter turnout in California is on the decline. In fact, the California Moo Presidential election had the lowest voter turnout since the election of 1924. As the largest and most diverse state in the nation, California should modify its laws for the purpose of increasing voter turnout and should take all reasonable steps to achieve that purpose. States that currently allow Election Day Voter Registration lead the nation in voter curnout. (3) The purposes of the Election Day Voter Registration Act are to: (a) establish procedures that enable eligible voters to register and vote on Election Day; (b) give every legally eligible voter the opporrunity to vote; and (c) increase protections against voter fraud. (4) The Election Day Voter Registration Act increases penalties for vote fraud and voter registration fraud. (5) It provides additional time for elections officials to prepare voter rolls and materials for EIection Day. ARTICLE 3_ ELECTION DAY VOTER REGISTRATION SEC. 3. Article 4.5 (commencing with Section 2170) is added to Chapter 2 of Division 2 of the Elections Code, to read: Article 4.5. Election Day Registration and Voting 2170. In addition to other methods of voter registration provided by this code, any elector who is otherwise qualified to vote under this code and Section 2 of Articte 11 of the California Constitution may register or reregister to vote in accordance with the following provisions upon presentation of proof of current residence address: (a)An elector may register w vote, or may reregister if the reregistration is based only on a change of legal name or place of residence, on election day at the polling place in his or her precinct. The elections official shall provide voter regis- tration forms for use in registration at all voting locations. (b) An elector may register or reregister to vote beginning 28 days prior to the election and continuing through election day at any office of the county elec- tions official in the county in which the voter resides. If the voter is currently reg- -98- Text of Proposed taws istered within the county and has moved within that county, he or slit must only complete a new affidavit of registration. 2171. (a) A person who registers or reregisters to vote on the day of the election, upon showing proof of current residence and executing an affidavit of registration that certifies under penalty of perjury that the information contained in the affidavit is true and correct, may cast a ballot as provided in Article 4 (commencing with Section 14270) of Chapter 3 of Division 14. (b) For purposes of this section, proof of current residence for a voter attempting to vote at the polling place at which he or she is entitled to vote based on his or her current residence address shall consist of: (I) A current, valid California driver's license or California identification card that includes the name and current residence address of the voter; or (2) Any two documents from the categories listed below, except that no more than one document per category listed in subparagraphs (L) and (M) shall be used, both of which shall contain the name and current residence address of the voter; (A) Milircir) identification. (B) College or university fee card or student identification. (C) Lease agreement. (D) Mortgage statement. (E) Property tax statement. (F) Income tux return. (G) Utility bill. (H) Credit card bill. (I) Bank statement. (j) Preprinted check or bank deposit slip. (K) Vehicle registration. (L) Mail addressed to the voter at his or her current residence address. (M) Sworn written statement given in the presence of a poll worker at the polling place from a registered voter in the precinct stating that he or she knows and can identify the person who is attempting to vote, and attesting to the name and residence address of the person attempting to vote. (c) The cWtions official shall send a voter notification form after the date of the election to any person who is properly registered or reregistereld w vote pursuant to this secilort, and the voter shall be registered for future elections at the address at which the voter is so registered or reregistered. The affidavit of regis- tration of any person whose voter notification form is returned by the post office as undeliverable shall be processed in accordance with the procedures set forth in Section 2221. 2172. A person who resides in an ail -mail ballot precinct or in a jurisdiction holding an alLmail ballot election. who wishes to register or reregister to vote within 28 days of she election or on election day may do so pursuant to subdivision (b) of section 21 10. 2173. The elections official shall compite a list or index of voters who registered or reregistered to vote pursuant w this article. After the canvass of the votes for the election, the elections official shall review the names on the list or index and cancel any duplicate voter registrations that may exist. If it appears that any voter whose name appears on the list or index may have committed fraud within the meaning of Section 18560 of the Eiections Code, the elections official shall immediately notify in writing both the district attorney and the Secretary of Struts. 2174. (a) Fach polling place shall have a separate area dedicated to election day voter registration. At least One precinct board member in each polling place shall be trained prior to the election in election day registration and voting procedures and shall be assigned to conduct election day voter registration. New registration or reregstration under this act shall be conducted in a manner that does not inter fere with or delay the voting of persons previously registered to vote. MMURKI TEXT OF PROPOSED LAWS PROPOSITION 52 (cont.) (b) The elections official shall provide training to any persons who will be conducting election day registration or reregistration. Students who meet the requirements of Section 12302 may also conduct election day registration or reregistration provided they undergo the training provided for Char purpose and are approved by the elections official. 2175. (a) Each po&ngplace shall provide in a conspicuous location in the area designated for voter registration a poster that includes all of the following information: (I) A statement that the law provides for election day registration and/or reregdstradon. (2) A description of the types of documents that may be used w demonstrate proof of current residence. (3) A statement that registration documents are signed under penalty of perjury and that any fraudulent statement made in connection with regfstering to vote may subject the person to criminal prosecution. (b) In addition to the poster specified by subdivision (a), the same in forma- tion will be available in written form for distribution at the polling place in any languages in which the ballet and voter registration materials are required to be aeailabte. (c) The Secretary of State and each elections official shall educate voters about election day registration, and shall include information about the avadlabil- icy of election day registration in all existing voter education efforts. Inforrmtion about election day voter registration will be availabie in languages other than English as required by current law relating to registration and voting materials. ARTICLE 4. INCREASED PENALTIES FOR FRAUD SEC. 4. In order to minimize the possibility of fraudulent registra- tion or voting activity, the penalties for engaging in such activity, or conspiring to engage in such activity, shall be increased. The following Elections Code provisions are hereby amended to increase the penalties as indicated: 18001. Upon a conviction far of any crime punishable by imprison- ment in any jail or prison, in relation to which no fine is herein prescribed, the court titat shall impose a fine on the offender not exceeding eae titmr two thousand dollars (,$2,000) in cases of misde- meanors or Opiq_ ._ r 4811___ ($19,G09) twenty thousand dollars (,$20,000) in cases of felonies, in addition to the imprisonment prescribed. SEC. 5. NEW PENALTIES FOR CONSPIRACY TO COMMIT FRAUD. Section 18561.1 is added to the Elections Code, to read: 18561.1. If two or more persons conspire to commit the following acts they are guilty of a felony punishable by imprisonment in state prison for three, four, or five years: fa) Not being entitled to vote at an eiection, fraudulently votes or fraudu- lently attempts to vote at an election. (b) Being entitled to vote at an election, votes more than once or attempts to vote more than once. (c) Procures, assists, counsels, or advises another person to vote at an election, knowing that the person is not entitled to vote. (d) Procures, assists, counsels, or advises another person otherwise entitled to vote at an election w vote mare than once. (e) Pays, lends, contributes, offers orpromises any money or other valuable consideration to another person to vote at an election for any particular candidare. (f) Attempts to pay, lend, contribute, offer or promise any money or other valuable consideration to another person to vote at an election for any particular candidate. ARTICLE 5. CLOSE OF REGISTRATION OTHER THAN 28 -DAY PERIOD PRIOR TO ELECTION DAY REGISTRATION AND ELECTION DAY; OTHER CONFORLMING CHANOES TO ELECTIONS CODE SEC. 6, This act changes the current 15 -day close of registration to 29 days, except in cases of voter registration in accordance with the provi- sions of this act occurring in the 28 -day period prior to the election and on election day. The following provisions of the Eiections Code are amended to effectuate this change: SEC. 7. Section 321 of the Elections Code is amended to read: 321. "Elector" means any person who is a United States citizen I8 years of age or older and a resident of an elee6iaft pfeekteE the State of California at [east 29 days prior to an election. SEC. 8. Section 2035 of the Elections Code is amended to read: 2035. A person duty registered as a voter in any precinct in California who removes therefrom within -4 28 days prior to an election shall, for the purpose of that election, be entitled to vote in the precinct from which the person so removed until the close of the polls on the date of that election. SEC. 9. Section 2100 of the Elections Code is amended to read: 2100. No person shalt be registered except as provided in this chap- ter teEeeps, or as provided in Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2, or upon the production and filing of a certified copy of a judgment of the superior court directing registration to be made. SEC. 10. Section 2102 of rhe Elections Code is amended to read: 2102. (a) A person may not he registered as a voter except by affi- davit of registration. The affidavit shall be mailed or delivered to the coun- ty elections official and shall set forth all of the facts required reg be shown by this chapter. A properly executed registration shall be deemed effective upon receipt of the affidavit by the county elections official if received on or before the 4&d;e 29th day prior to an election to be held in the registrant's precinct, or during the 28 days prior to the election or on election day in accordance with Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2. A properly executed registration shall also be deemed effective upon receipt of the affidavit by the county elections official if any of the following apply: (1) The affidavit is postmarked on or before the 45e4 29th day prior to the election and received by mail by the county elections official. (2) The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the National Voter Registration Act of 1993 (42 U.S.C- Sec. I973gg) on or before the 4-5t43 29th day prior to the election. (3) The affidavit is delivered to the county elections official by means other than those described in potmgtaphs paragraph (1) or (2) on or before the 415t4 29th day prior to the election. (b) For purposes of verifying signatures on a recall, initiative, or refer, endum petition or signatures on a nomination paper or any otheir election petition or election paper, a properly executed affidavit of registration shall be deemed effective for verification purposes if both {a} (1) the affidavit is signed on the same date or a date prior to the signing of the pLtidon or paper, and (4r} (2) the affidavit is received by the county elections official on or before the date on which the petition or paper is filed. (c) Notwithstanding any other provision of law to the contrary, the affidavit of registration required under this chapter may not be taken under sworn oath, bur the content of the affidavit shall be certified as to its truth- fulness and correctness, under penalty of perjury, by the signature of the affiant. SEC. 11. Section 2107 of the Elections Code is amended to read: 2107. (a) Except as provided in subdivision (b), the county�elecrions official shall accept affidavits of registration at all times except during the 4.4 28 days immediately preceding any election, when registration shall cease for that election as to electors residing in the territory within which the election is to be held except as provided in Article 45 (commencing with Section 2170) of Chapter 2 of Division 2. Transfers of registration for an election may he made from one precinct to another precinct in the same county at any time when registration is in progress in the precinct to which the elector seeks to transfer. (b) The county elections official shall accept an affidavit oCregistra- tion executed as part of a voter registration card in the forthcoming election if the affidavit is executed on or before the 444 29th day prior to the election, and if any of the following apply: (1) The affidavit is postmarked on or before the 4444 29th day prior to the election and received by mail by the county elections official (2) The affidavit is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter registration agency pursuant to the National Voter Registration Act of I993 (42 U.S.C. Sec. 1973gg) on or before the 29th day prior to the election. (3) The affidavit is delivered to the county elections official by means other than chose described in paragraphs (a_4 (I) and 4-34 (2) on or before the 444t 29th day prior to the election. SEC- 12. Section 2119 of the Elections Code is amended to read: 2119. (a) In lieu of executing a new affidavit of registration for a change of address within the county the county elections official shall Text of Proposed Laws * 99* TEXT OF PROPOSED LAWS PROPOSITION 52 (cont.) accept a notice or letter of the change of address signed by a voter as he or she is registered. (b) The county elections official shall accept a notification for the forthcoming election and shall change the address on the voret's affidavit of registration accordingly if the norificarion is executed on or before the 4;t13 29rh day prior to the election and if any of the following apply: (1) The notification is postmarked on or before the �k 29th day prior to the election and received by snail by the county elections official. (2) The notification is submitted to the Department of Motor Vehicles or accepted by any other public agency designated as a voter reg- istration agency pursuant to the National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg) on or before the 29th day prior to the election. (3) The notification is delivered to the county elections official by means other than those described in paragraphs 4�4 (1} and �44 (2) on or before the 4-44 29th day prior to the election. SEC. I3. Section 2154 of the Elections Code is amended to read: 2154. In the event that the county elections official receives an affi- davit of registration that does nor include portions of the information for which space is provided, the county elections official toatee9 shall apply the following rebuttable presumptions: (a) If no middle name or initial is shown, it shall be presumed that none exists. (b) If no party affiliation is shown, it shall be presumed that the affi- ant has no party affiliation. (c) If no execution date is shown, it shall be presumed that the affi- davit was executed on or before the 46tk 29th day prior to the election, pro- vided that (1) the affidavit is received by the county elections official on or before the ;-',i4t 29th day prior to the election, or (2) the affidavit is post- marked on or before the 441t 29th day prior to the election and received by mail by the county elections official. (d) If the affiant fails to identify his or her state of birth within the United Stares, it shall be presumed that the affiant was born in a state or territory of the United States if the birthplace of the affiant is shown as "United States," "U.S.A.," or other recognizable term designating the United States. SEC. 14. Section 2155 of the Elections Code is amended to read: 2155. Upon receipt of a properly executed affidavit of registration or address correction notice or letter pursuant to Section 2119, Article 2 (commencing with Section 2220), or the National Voter Registration Act of 1993 (42 U.S.C. Sec. 1973gg), rhe county elections official shall send the voter a voter notification by nonforwardable, first-class mail, address correction requested. The voter notification shall be substantially in the following form: VOTER NOTIFICATION You are registered to vote. This card is being sent as a notification of: 1. Your recently completed affidavit of registration, OR, 2. A correction to your registration because of an official notice that you have moved, If your residence address has not changed or if your move is temporary, please call or write the county- elections official immediately. Ye.. �eIJ 1 J.-.. ai__.__ 1_._ l_....,_ -r�y-'roKei�rBnyc 'eEivix ee--�}c')rfitviccmv a' Ecrc cc Bsmrn� Your name will appear on the index kept at the polls. (Signature of Voter) SEC. 15. Section 9094 of the Elections Code is amended to read: 9094. (a) The Secretary of State shall mail ballot pamphlets to voters, in those instances in which the county elesle elections official uses data processing equipment to store the information set forth in the -100- Text of Proposed Laws affidavits of registration, before the election at which measures contained in the ballot pamphlet are to be voted on tinlesd a : e'=t?:a tee_ __re_' .`;.-: _r provided the voter has regisrc-red more than 28 days prior to the election. The mailing shall commence not less than 40 days before the election and shall be completed no later than 21 days before the election for those voters who registered on or before the 60th day before the election. The Secretary of State shall mail one copy of the ballot pamphlet to each registered voter at the postal address stated on the voter's affidavit of registration, or the Secretary of Stare may mail only one ballot pamphlet to two or more registered voters having the same surname and the same postal address. (b) In those instances in which the county elecs elections official does not urihae data processing equipment to store the information set forth in the affidavits of registration, the Secretary of Stare shall furnish ballot pamphlets to the county eletit elections officiai nor less than 45 days before the election at which measures contained in the ballot pamphlet are to be voted on and the county clerk shall mail ballot pamphlets to voters, on the same dates and in the same manner provided by subdivision (a). (c) The Secretary of State shall provide for the mailing of ballot pamphlets to voters registering after the 60th day before the election and before the 28th day before the election, by either; (1) mailing in the manner as provided in subdivision (a), or (2) requiring the county eke elections official to mail ballot pamphlets to those voters registering in the county after the 60th day before the election and before the 28t1 day before the election pursuant to the provisions of this section. The second mailing of ballot pamphlets shall be completed no later than 10 dayslbefore the election. The county AL44 elections official shall mail a ballot pamphlet to any person requesting a ballot pamphlet. Three copies, to be supplied by the Secretary of State, shall be kept at every polling place, while an election is in progress, so that they may be freely consulted by the voters, including voters registering or reregistering on election day in aecefdanee with Article 4.5 (commencing with Section 2170) of Chapter 2 of Division 2. SEC. 16, Section 13303 of the Elections Code is amended to read: 13303. (a) For each election, each appropriate elections official shall cause to be printed, on plain white paper or tinted paper, without watermark, at least as many copies of the form of ballot provided for use in each voting precinct as there are voters in the precinct. These copies shall be designated "sample ballot" upon their face and shall be identical to the official ballots used in the election, except as otherwise provided by law. A sample ballot shall be mailed, postage prepaid, not more than 40 nor less than 21 days before the election to each voter who is registered kt least 29 days prior to the election. (b) The elections official shall send notice of the polling place to each voter with the sample ballot. Only official matter shall be sent out with the sample ballot as provided by law. ,v _ feer ( •.•mss .a. Wit: eke 'r'1_��� 1-_11 I__ 1. ]_ f cd-patre2iFuii-}Frc a roi"rzxr`ee�6raerrmxoo^is'rcrtnae-2n�rsl"nEit4i-3o _._J _ L. 115. ._._.Y._LI_..__i__ ARTICLE 6. FUNDING FOR ADDITIONAL ELECTION DAY PERSONNEL SEC. 17, Section 2131 is added to the Elections Code, to tead: 2131. (a) The Election Day Registration Fund is hereby established in the State Treasury. The fund is a special fund created for the purpose of assisting elections officials in implementing the provisions of this act, induding, but not limited to, training and providing additional personnel to conduct regis4ration on election days, providing additional voter registration materictls and expanding voter outreach programs. (b) Notwithstanding Section 13340 of the Government Code, the sum of six million dollars (56,000,000), adjusted annually to reflect increases in the cost of living, shall be continuously appropriated from the General Fuiul to the Election Day Registration Fund without regard to ftscai year for the purposes of this act. TEXT OF PROPOSED LAWS PROPOSITION 52 (cont.) (c) On July 1 of each year the State Controller shall transfer from the General Fund rur the Election Day Registration Fund the sum of six million dol- lars ($6,000,000), along with any cost -of living increases. Notwithstanding Section 13340 of the Government Code, all funds in the Election Day Registration Fund shall be continuously appropriated to the Secretary of State without regard ca fiscal year to be expended for the purposes of the act. (d) Funds deposited in the Eiection Day :Registration Fund are net Otherwise subject to appropriation by the Legislature and, notwithstanding any other provi- sion of law, may be expended by the Secretary of State without regard to fiscal year and shall not revert to any other fund. Notwithstanding any other provision of law, interest earned by rhe fund shall accrue only to the fund and may be emended only for the purposes of the act. (e) Moneys deposited in the Election Day Registration Fund shall be distributed annually by the Secretary of State to counties to cover the costs of implementing the provisions of this act, including the cast of providing and training additional personnel to conduct election day voter registration, creating additional voter registration materials and expanding voter outreach programs. Such moneys shall be allocated using a fair and equitable distribution formula that gives priority io the actual expenses of providing the additional personnel required by this act. All funds transferred to the Election Day Registration Fund shall be distributed to the counties for use as specified in this act; no part of these funds shall be used by the Secretary of State to administer the allocation process, (f) Elections officials receiving moneys from the Election Day Registration Fund shall submit an annual report to the Secretary of State which identif es how those moneys were used, including the number of personnel added to conduct voter registration and a description of any voter outreach efforts implemented as a result of the funding. ARTICLE 7. SEC. 18. LIBERAL CONSTRUCTION. The provisions of this act shall be liberally construed to effectuate its purpose of allowing and facilitating voter registrarion and voter rerenistration on election day. ARTICLE S. SEC, 19, AMENDMENTS. This act may be amended to further its purpose by statute, passed in each house, two-thirds of the Legislature concurring, and signed by the Governor. For purposes of this section, a statute will not be deemed to further the purposes of the act if it eliminates or creates significant impediments to election day registration or reregistra- tion. However, it is not the intent of this section to preclude changes in registration procedure that are the result of changes in technology, provided chose changes are intended to facilitate the registration process and increase the number of eligible voters who register to vote. Notwithstanding the above, any of the sections contained in Article 5 of this act may be amended by statute, passed by majority vere of each house, and signed by the Governor. ARTICLE 9. SEC. 20. SEVERABILITY. In the event that any section or provi- sion of this act, or the application thereof to any person or circumstances, is held invalid, it is the intent of the voters that the remaining sections of the act continue in full force and effect, and to this end the provisions of the act are severable. Text of Proposed Laws -101- 7 ELECTION DAY VOTER REGISTRATION. VOTER FRAUD PENALTIES. INITIATIVE STATUTE. OFFICIAL TITLE AND SUMMARY Prepared by the Attorney General ELECTION DAY VOTER REGISTRATION. VOTER FRAUD PENALTIES. INITIATIVE STATUTE. • AIlows persons who are legally eligible to vote and have valid identification to register to vote on election day at their polling place. • Increases criminal penalty for voter and voter registration fraud. • Criminalizes conspiracy to commit voter fraud. • Requires trained staff at polling places to manage election day registration, creates fund to implement measure, including training and providing personnel for election day registration. • Allows persons to register or reregister during 28 days preceding election day at local election offices. • Provides more time to county election officials to prepare voter registration fists. SUMMARY OF LEGISLATIVE ANALYST'S ESTIMATE of NET STATE ANE) LOCAL GCOVE RNMENT FISCAL IMPACT: • Annual state costs of about $6 million to fund counties for election day voter registration activities, thereby resulting in no anticipated net county cost. • Minor state administrative costs and unknown, but probably minor, state costs to enforce a new election fraud offense. -32- Title and Summary ELECTION DAY VOTER REGISTRATION. PROP VOTER FRAUD PENALTIES. INITIATIVE STATUTE. .ANALYSIS BY THE LEGISLATIVE ANALYST BACKGROUND Under current Iaw, Californians who want to vote in an upcoming election must register with county elections officials by the 15th day before the election. PROPOSAL. Election Day Registration. This measure allows eligible citizens, upon presenting proof of current residence, to register up to and including election day. Under the measure, citizens registering on or after the 28th day before an election must do so at the county elections office, or at a polling place on election clay. Local elections officials must provide a separate area and at least one trained staff member at each polling place for election day voter registration. Additionally, the Secretary of State must include information about election day voter registration as part of all voter education efforts. Election Day Registration Fund. This measure establishes the "Election Day Registration Fund" within the State Treasury. Each year, approximately $& million would be deposited into this fund from the state's General Fund and distributed to counties for their costs For text of Pzoposition 52 see page 98. of election day voter registration including hiring and training additional personnel, providing voter registration materials, and expanding voter outreach programs. Counties receiving money from the fund would be required to submit an annual report identifying their expenditures. Increased Penalties for Voter Fraud. This measure increases the penalties for fraudulent registration or voting activity. It also creates a new crime of conspiracy of two or more people who commit specified: election fraud, punishable by imprisonment in state prison. FISCAL EFFECTS This measure annually appropriates $b million (adjusted for cost -of -living increases) from the state's General Fund for the county costs of election day voter registration activities. As a result, no net costs to counties are anticipated. The Secretary of State would incur minor costs to carry out the requirements of this measure. The state also would incur, unknown, but probably minor, criminal justice costs for individuals who commit a newly established election fraud offense. Analysis * 33 PROP ELECTION DAY VOTER REGISTRATION. VOTER FRAUD PENALTIES. INITIATIVE STATUTE. ARGUMENT IN FAVOR OF PROPOSITION 52 PROP 52 PROTECTS YOUR RIGHT TO VOTE AND PROTECTS AGAINST VOTER FRAUD. Every California citizen who is legally eligible should be able to vote on election day. Anyone who tries to vote illegally should he stopped and prosecuted. Presently, California law makes it nearly impossible for some citizens to vote—and too easy for others to commit voter fraud. Prop 52 ensures that every eligible citizen has the opportunity to vote, and increases penalties for voter fraud. Prop 52 will: • Give all legally eligible citizens the right to vote on election day. • Allow legally eligible citizens to register and vote on election day only with a valid California driver's license or two required forms of identification proving they are California residents voting at the right polling place. • Double the penalties for voting illegally or for voter fraud. + Provide training to election day poll workers on processing voter registrations and preventing voter fraud. PROP 52 PREVENTS VOTER FRAUD, Under current state law, there's no requirement to show identification when registering to vote. Voter fraud laws are too weak and need to be strengthened. Currently county elections officials aren't required to report voter fraud to law enforcement officials. The existing system has loopholes that have even allowed pets to be registered as voters? Vote Yes on 52. Prop 52 protects against voter fraud by: • Making conspiracy to commit voter fraud a felony, punishable by a long jail sentence. • Requiring county elections officials to report fraudulent voting activities to the District Attorney. • Requiring unregistered voters who want to vote on election day to prove they are eligible by showing a valid California driver's license or two required forms of identification proving they are California residents voting at the right polling place. • Requiring all polling places to clearly display both the rights of voters and the new penalties for voter fraud. "Prop 52 will give law enforcement the vital new tools we need to deter and prevent voter fraud. "--Grover Trask, Riverside County District Attorney PROP 52 PROTECTS YOUR RIGHT TO VOTE. Today in the U.S•, only 499/6 of eligible voters vote. For the world's greatest democracy, that's pitiful. We should do everything possible to get more eligible citizens to the polls. The League of Women Voters of California, the California Professional Firefighters, and the California Nurses Association have all endorsed Prop 52 because they understand the importance of increasing voter turnout. Currently, outdated quirks in state law prevent many eligible citizens from voting on election day. For example, those who turn 18 or move a few weeks before an election could be deprived of the right to vote. States with laws Iike Prop 52 lead the nation in voter turnout. The anti -fraud provisions in Prop 52 provide vitally needed new protections against voter fraud. "Our study shows tbar election day registration holds enormous promise. It is an easier way to vote. In California, Prop 52 should produce substantially higher voter turnout." --Mike Alvarez, Ph.D., Caltech LEE BACA Los Angeles County Sheriff MARCH FONG EU Former Secretary of State REBUTTAL TO ARGUMENT IN FAVOR OF PROPOSITION 52 Don't be fooled. Prop. 52 is full of loopholes that corrupt our election process and will lead to widespread voter fraud. That's why Law Enforcement leaders like Contra Costa County District Attorney Gary Yancey, Ventura County District Attorney Mike Bradbury,. Shasta County District Attorney McGregor Scott and Santa Barbara County Sheriff Jim Thomas all say NO on 52. FACT: Prop. 52 makes it easier for CRIMINALS and NON -CITIZENS to vote. That's not fair to qualified voters who follow the rules. FACT Prop. 52 does not require a drivers license or other government identification to register and vote on Election Day. Under Prop. 52, a piece of junk mail is considered one of the valid forms of ID? FACT: Hidden in the fine print is a change in the law that makes proving FRAUD almost impossible. The authors of Proposition 52 are trying to fool you with talk of tough penalties. Tough penalties mean nothing if it's impossible to prove the crime was committed. FACT 44 other states wisely DO NOT ALLOW Election Day registration. "Prop_ 52 would bilk taxpayers $6 million yearly for a program that allows dishonest politiciarts to steal elections."T-- Richard Gann, President, Garin Taxpayer Organization Remember Florida? Don't let it happen here. Other stares are movingto tighten their laws against election fraud. Prop. 52 sends California in the opposite direction. The backers of Prop. 52 are trying to fool you. Don't let them get away with it. VOTE NO on 52 -PROTECT YOUR VOTE. VOTE NO on 52 --STOP ELECTION FP AUD. HONORABLE ED JAGELS District Attorney of Kern County ROY BURNS, President Association for Los Angeles Deputy Sheriffs JILL SCHALL, President Women Prosecutors of California = 34 i Arguments Argumenu p need 017 this page are the opinions of the authors and have not been checked for accuracy by any gff-11 agency, ELECTION DAY VOTER REGISTRATION. PRO¢ VOTER FRAUD PENALTIES, INITIATIVE STATUTE. ARGUMENT AGAINST PROPOSITION 52 Proposition 52 makes it easier for CRIMINALS, DISHONEST POLITICIANS and NON -CITIZENS to commit ELECTION FRAUD. That's why District Attorneys, Sheriffs, Cops, and Elections Officials across California urge you to VOTE NO on 52. Prop. 52 appears well intentioned, until you read rhe fine print. This poorly drafted measure is full of LOOPHOLES and HIDDEN AGENDAS that will lead to MASSIVE ELECTION FRAUD in California. It's a classic example of a cure that is avorse than the disease. PROP. 52 DOES NOT REQUIRE PHOTO IDENTIFICATION. California already has one of the most liberal elections laws in the nation. Registration forms are widely available and county elections officials have only 15 days to check for fraud and prepare voter rolls. But under Prop. 52, a person could register and cast a ballot on Election Day with "identification" that is nothing more than any piece of mail addressed to them and a student lease agreement, credit card bill, or other unofficial identification. No photo ID would be required. If Proposition 52 passes, elections officials will have no way of knowing if the person suddenly registering on Election Day is entitled to vote, or, for that matter, even a citizen of the United States. And they will have no time to check the validity of the registration before the ballot is cast. PROP. 52 MAKES IT VIRTUALLY IMPOSSIBLE TO DETECT FRAUD AND OVERTURN ELECTIONS WON WITH PHONY VOTES. Under Prop. 52, ballots cast by those registering on EIection Day will be mixed together with all other ballots. There will be no way for law enforcement and elections officials to go back after Election Day and determine if an election was won by fraud. The penalties against election fraud contained in Prop. 52 are useless, because the measure makes it impossible to ever prove the crime! District Attorneys, Sheriffs, Cops and Elections Officials OPPOSE Prop. 52. So do Republicans, Democrats, Labor and Taxpayer Groups. Working Californians OPPOSE Prop. 52. Our right to have our vote counted in fair elections will no longer exist in California if this- ­ passes. Forty-four other states wisely do not allow Election Day registration. The six small states with lacus similar to Prop. 52 are not like California. Our state is too big, and the potential for abuse too high, to enact a law that makes it easier to commit fraud. In a typical election, almost half of legally registered voters choose not to vote. Making it easier for FELONS, NON- CITIZENS AND OTHERS NOT QUALIFIED TO VOTE TO COMMIT FRAUD, will not solve the problem of low turn out. In the wake of the controversy and chaos surrounding the 2000 Election in Florida, other stares are looking to improve election laws and crack down on vote fraud. California must not go in the other direction by opening the door to fraud and election abuse. • PRESERVE THE INTEGRITY of out election!system • PROTECT YOUR RIGHT TO VOTE in fair elections • STOP ELECTION FRAUD • Vote NO on PROP. 521 HONORABLE JAN SCULLY District Attorney Sacramento County HONORABLELE MIKE CARONA Sheriff of Orange County SHARON RUNNER, Co -Chair Citizens & Law Enforcement Against Election Fraud, REBUTTAL To ARGUMENT AGAINST PROPOSITION 52 After the 2000 Presidentialelection people understood --"One vote can make a difference." Politics aside, one thing is clear --we need to protect our right to vote and ensure everyone who is eligible to vote—CAN VOTE! That's what Election Day. Voter Registration does. States with election day registration lead the nation in turnout. A Cal-Tech/MIT election study found, "California will experience an even larger increase in turnout... as much as one million new voters." A bipartisan group of elections experts wrote this law with protections making the process fair and convenient; with stiff Penalties for politicians who try to steal elections. Prop 52 requires training for poll workers, requires allegations of fraud be reported to prosecutors and doubles the fines for fraud. Misleading claims that Prop 52 will cause rampant fraud and allow unscrupulous individuals to cast several ballots just don't ring true. Opponents neglect to remind you that currently, you don't have to show ID when registering to vote or voting. Prop 52 adds new, strict identification requirements' for election day registration: a photo ID, or two forms of legally valid ID showing that the voter is voting in the correct precinct. Politicians and bureaucrats claim that any reform will crash the system—the same arguments made about Motor Voter, Absentee Voting, and Campaign Finance Reform. But they all work. We can complain about California's low voter turnqut or we can pass Prop 52—reform that will make a difference. Vote YES on Prop 52. BARBARA INATSUGU, President League of Women Voters of California. ROCKY DELGADILLO Los Angeles City Attorney Arguments printed on this page are the Opinions of the authors and have not been checked far accuracy by any official agency. Arguments * 35. Agenda #a Meeting Date: October 1, 2002 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Award of Construction Contract for the Traffic Signal Improvement Project at the Intersections of Diamond Bar Boulevard/Clear Creek Canyon Drive, Diamond Bar BoulevardlSilverhawk Drive, Golden Springs Drive/Sylvan Glen Road, and Diamond Bar Boulevard/SR 57 Northbound On Ramp to New West Signal in the Amount of $412,086.00 and Authorize a Contingency Amount of $82,000.00 for Project Change Orders to be Approved by the City Manager for a Total Authorization Amount of $494,086.00. RECOMMENDATION: It is recommended that the.City Council 1) Reject the low bid submitted by Inspection Engineering Construction (IEC) in the amount of $385,861.20 for the Traffic Signal Improvement Project at the Intersections of Diamond Bar Boulevard/Clear Creek Canyon Drive, Diamond Bar BoulevardlSilverhawk Drive, Golden Springs Drive/Sylvan Glen Road, and Diamond Bar BoulevardlSR 57 Northbound On Ramp; 2) Award the construction contract for the Traffic Signal Improvement Project at the Intersections of Diamond Bar Boulevard/Clear Creek Canyon Drive, Diamond Bar BoulevardlSilverhawk Drive, Golden Springs Drive/Sylvan Glen Road, and Diamond Bar Boulevard/SR 57 Northbound On Ramp to the second low bid by New West Signal in the amount of $412,086.00, and authorize a contingency amount of $82,000.00for project change orders to be approved by the City Manager for a total authorization amount of $494,086.00; and 3) Allocate $70,000.00 from un -appropriated Proposition C fund balance, and increase the Capital Improvement Project Fund by this $70,000.00 for the Traffic Signal Improvement Project at the Intersections of Diamond Bar Boulevard/Clear Creek Canyon Drive, Diamond Bar BoulevardlSilverhawk Drive, Golden Springs Drive/Sylvan Glen Road, and Diamond Bar Boulevard/SR 57 Northbound On Ramp. FISCAL IMPACT: A total of $490,000.00 has been budgeted for the traffic signal improvements at the four (4) intersections. The breakdown of each intersection is as follows: $120,000.00 Proposition C- Diamond Bar Boulevard/Clear Creek Canyon Drive $120,000.00 Proposition C- Diamond Bar Boulevard/Silver Hawk Drive $120,000.00 Proposition C- Golden Springs Drive/Sylvan Glen Road $130,000.00 Proposition C- Diamond Bar Boulevard/SR 57 Northbound On Ramp The bid amount of $412,086.00 will be used for construction of all Base Bid Items that includes 1) traffic signal installation (Silver Hawk Drive, Clear Creek Canyon Drive, Sylvan Glen Road and SR 57 Northbound On Ramp), 2) median reconstruction (Silver Hawk Drive and Clear Creek Canyon Drive), and 3) wheelchair ramps and sidewalk (Silver Hawk Drive, Clear Creek Canyon Drive, and Sylvan Glen Road). Additionally, five (5) Alternate Bid Items are being reconimended for construction, which includes 1) traffic signal interconnect on Diamond Bar Boulevard (Silver Hawk Drive to Kiowa Crest Drive; Grand Avenue to Clear Creek Canyon Drive; and Clear Creek Canyon Drive to Tin Drive), 2) cold mill pavement, and 3) asphalt concrete. Hence, a budget amendment allocating $70,000.00 from un -appropriated Proposition C fund is requested for construction, construction administration and inspection of the project. Upon approval, the total amended project budget will be $560,000.00. SACKGROUNDMISCUSSION: On June 4, 2002, the City Council approved the plans & specifications and authorized the City Cleric to advertise & receive bids for the Traffic Signal Improvement Project at the intersections of Diamond Bar Boulevard/Clear Creek Canyon Drive, Diamond Bar Boulevard/Silverhawk Drive, Golden Springs Drive/Sylvan Glen Road, and Diamond Bar Boulevard/SR 57 Northbound On Ramp. Six (6) bids were submitted and opened on July 30, 2002. The following are the bid results: Companry Bid Amount 1) Inspection Engineering Construction $385,861.20 2) New West Signal $412,086.00 3) Macadee Electrical Construction $413,282.00 4) Pete & Sons Construction, Inc. $417,700.00 5) Broadband Powering Services, Inc. $420,718.00 6) Dynalectric $432,028.57 The lowest bid was received from Inspection Engineering Construction (IEC) in the amount of $385,861.20. As a general law, the City of Diamond Bar must award public projects to the lowest 'responsible" bidder. In accordance with the Public Contract Code, this means that the bidder must "demonstrate the attributes of trustworthiness, as well as quality, fitness, capacity and experience to satisfactorily perform the public works contract." Criteria for determining whether a bidder is responsible include: (1) does the bidder have adequate finances to mobilize for the job, order materials, and maintain cash flow for payment of employees and subcontractors; (2) does the bidder have an adequate full-time work force of qualified employees with expertise', to perform the job; (3) does the bidder possess all necessary licenses and surety bonds; (4) does the bidder possess experience in performing similar work; (5) does the bidder have an acceptable safety record; (6) are the bidder's references from previous jobs positive; (6) does the bidder timely pay subcontractors and suppliers or does it generate many subcontractor stop notices and litigation; (7) does the bidder complete jobs in a timely and workmanlike manner; (8) is the bidder cooperative and follow instructions; (9) does the bidder's work engender many warranty claims; and (10) does the bidder's work result in frequent litigation? The Public Contract Code does not specify a formula for determining whether a bidder is responsible. Rather, that determination must be made following a review of the evidence presented on the factors that constitute "trustworthiness" and fitness to perform. Evidence of fitness is gleaned from the bidder's performance of priorjabs and the financial and organizational information presented about its business organization. 2 After bid opening, staff followed its usual procedure and contacted several city references for whom IEC has recently performed work. After receiving several negative reports from references, staff further conducted an in- depth investigation of IEC's qualifications which consisted of requesting additional information from IEC, interviewing cities on IEC's work performance and business relationship, and visiting and examining the project files on projects IEC has recently performed in these cities. These cities included Fountain Valley, Huntington Beach, Orange, and Walnut. Documents from these cities pertaining to IEC's performance on traffic signal projects were reviewed and copied. These documents included field inspection reports, notes of conversations, transcripts of meetings between city staff and IEC, copies of stop notices filed by subcontractors, a copy of one lawsuit filed: by a subcontractor, These documents reveal the following problems in the performance of work: • Failure to order materials from suppliers in a timely manner • Failure to follow directions from project management • Lack of responsiveness • Frequent failure to pay subcontractors and/or suppliers resulting in stop notices • Failure to complete projects according to schedule • Lack of quality workmanship • Failure to coordinate the work of subcontractors • Frequent claims for extra work and disagreement over the specifications • Failure to maintain cordial, productive working relationships IEC also failed to supply a listing of its employees when requested, and what follows chronologically is a brief summary of the project documents obtained from the four cities identified above: City of Orange (Proiect: Bid No. 001-17 Signal Improvement Project) • Three (3) stop notices from subcontractors • Lack of diligent progress to complete designated work within a timely manner- 6121101 City of Walnut (Project: La -Puente Road/Mominasid_e Drive and La Puente Road/Gartel Drive) • Lack of construction workmanship -12112101 • Project deadlines not met for reasons other than delays in material delivery -12112101 • Lack of experience in the management of a project such as failing to properly coordinate the construction with sub -contractors and with the City -12112101 • Failing to respond in a timely manner to punch list items and other directions by the City -12112101 • Three (3) stop notices from subcontractors and/or suppliers City of Fountain Valley{Pr ect: CqY Wide Signal Improvement Contract T12796) • Improper lane closures (several reminders and work shut down)- 917101, 9125101 • Work not to specifications (median island noses)- 9127101, 1011101 • Work lagging behind schedule -10115101 • Failure to provide revised schedule and updated information (correct address, emergency contacts) in a timely manner -10115101, 10130101,1119101 • Encroachment into private property resulting in property damage- 10115101, 10/30/01 • Failure to respond to directive to repair dangerous open trench condition -10124101,11113101, 11/23101 • Failure to repair conduit as requested -11113101 • Failure to conform to work schedule -12126101, 2111102 • Signal not working properly -11127101 City of Fountain Valley (Project: City Wide Signal Improvement Contract TI 2796)- continued • Disagreement over specifications- 3119102 • Nine (9) stop notices from subcontractors and/or suppliers • Imposition of liquidated damages- 3127101 • Storing equipment and parking vehicles at a location not permitted by the City- 4/1/02 • Inability to provide documentary proof of material delays in a timely manner- 413102 City of Huntington Beach Project: CC No. 1128 • Failure to respond to city inspector directive (form boards for curb, gutter, wheelchair ramps)- 5121/02 • Work not to specification- 5/21102 • Improper setting of traffic control devices (several reminders)- 5121/02 • Insufficient time notification to inspector on subcontractor schedule used on construction site- 5121102 • Failure to provide certified payroll information in a timely manner- 615102, 6/12102 Copies of all of the documents received from the four cities referenced above have been provided to the Council in a separate packet. To ascertain whether IEC is responsible, the City's determination must be based on substantial evidence. After speaking with representatives of the four cities and thoroughly reviewing all documents obtained, staff determined that IEC was not a responsible bidder. However, before a bidder can be determined not responsible, the bidder must be afforded a fair opportunity to rebut the City's evidence and to present evidence of its qualifications to perform the job. To that end, IEC was afforded a hearing before the City Manager, which was conducted on September 18, 2002. At the hearing, City staff presented the evidence that is summarized in this report. The bidder and his attorney questioned why City staff had not contacted some of the bidder's references, and offered an explanation as to some of the problems experienced in the above referenced jobs. During the hearing, the bidder also observed that a year ago, the City rejected all bids on a project for which he.was low bidder, suggesting impropriety on the part of the City in rejecting his bids. In fact, all bids were rejected for the Traffic Signal Improvement Project at the intersections of Golden Springs Drive/Lemon Avenue and Diamond Bar Boulevard/Sunset Crossing Road on February 6, 2001 so that the scope of work could be expanded to include'. Gateway Center Drive/Valley Vista Drive and Bridge Gate Drive/Lot 16. The project was then re -bid, and IEC did not submit a bid for the expanded project. There was no examination of this bidder's qualifications at that time, and no adverse determination as to its qualifications was made at that time. After the hearing, the City Manager directed staff to contact additional cities to ascertain IEC's ability and qualification to perform our traffic signal project. These cities include two for whom IEC is currently working. The following additional information was acquired through written documentation and/or verbal communication obtained from each respective city: C! City of Riverside (Project No. TE -00-2) • Failed to timely and adequately perform work resulting in liquidated damages- 9111101, 11/21/01 • Unaccepted work due to invalid certification of materials -11121101 • Notice to surety for demand of faithful performance bond to complete unfinished work -1128102 • Stop notice from subcontractor • Lawsuit filed by contractor due to nonpayment by City; City cross -complained for breach of contract, fraud, concealment, promissory fraud, and violation of False Claims Act- 4110102 • Re -advertising for bids to complete unfinished work 5122102 City of Cerritos (Scope of Project: 2002 new traffic signal installation): • Stop notice by traffic control subcontractor • Contractor was resistant when it came time to install change order material; All material was ordered directly', by City; Delayed installation of new material and caused job to extend City of Cerritos- continued (Scope of Project: 2002 traffic signal modification): • Difficulty obtaining documentation from contractor to substantiate contractor issued change order • City charged liquidated damages for project delay • Contractor had to be constantly reminded about items that were in both the general and special specifications, otherwise, contractor would have missed numerous items • Required traffic signal maintenance contractor to fix problem with timing program with controller due to inability of contractor to repair; Also required Sheriff's Department to do traffic control City of Rancho Santa Margarita (Scope of Project: 2002 traffic signal modification) • Stop notice by subcontractor (Orange County Striping) . Invoices were held to force contractor to continue job City of Tustin (cope of Projects: 2001-02 traffic signal modifications) • Three (3) stop notices by subcontractors (Econolite Control Products, Loop Masters, Inc. and L.A. Signal, Inc.) . Concrete work was poured wrong and forced to do over City of Westminister (Scope of Project: 2002 traffic signal modifications): • Difficult time with paperwork turn around; Certified Payroll was always late and had to hold-up payments; Payroll was being paid by personal check • Contractor did not adhere to striping specifications; Striping subcontractor only did what contractor ordered for; City contacted subcontractor directly to complete according to specifications (Scope of Project: 2002 traffic signal installation and interconnect): • Interconnect conduit was supposed to be in median and frontage road but contractor placed it down in middle:of a six lane arterial; County wants it removed, and IEC has "bailed" on it • Contractor did not include in their bid price detection for signal • Contractor did not obtain required County permit; County has now red tagged project City -of Fullerton (Street Light Upgrade- Contract No. 4701) • Stop notices from subcontractors and/or suppliers -11127101, 5115102 5 This supplemental information was provided to the bidder's attorney on Wednesday, September 25, 2002, and he was afforded an opportunity to comment in writing. On September 26, 2002, the City Manager issued a determination that based on the weight of the evidence presented; IEC is not a responsible bidder and should be rejected. A copy of her determination, setting forth the reasons supporting her conclusion, is attached. It is staff's view that IEC's problems and deficiencies do not appear to be occasional or infrequent, but rather appear to be routine and pervasive. Staff contacted far more references than would ordinarily be contacted for a job of this magnitude. Each and every city contacted experienced some type of problem with IEC, some more than others, and expressed reservations about its competence and its ability to perform the work according to specifications without an unusual level of supervision. Not a single reference stated unqualifiedly that this bidder is trustworthy and capable. IEC's subcontractors are routinely paid late, leading to filing of excessive stop notices, and one of IEC's own suppliers refuses to supply materials without payment, in cash, up front. IEC was unable to offer a persuasive rebuttal to the foregoing information. The company's representative blamed its problems on one or two subcontractors, whom he alleged did poor and untimely work. He did not provide a detailed response to the claims, but merely stated that he is doing a satisfactory job for the cities for whom he is currently working. That assertion, however, is belied by statements staff has received from project managers/inspectors in those cities, who consistently state that the bidder is difficult to work with, must be closely supervised, often fails to understand or build to the specifications. For your information, the following are some of the verbatim statements made between the project managerslinspectors, one supplier, and staff; ➢ "Would you rehire?"- City of Diamond Bar. "Yes, if low bidder, no choice"- City of Cerritos ➢ "Didn't know what he's doing"- City of Cerritos ➢ "Was it done to your satisfaction?"- City of Diamond Bar. "Sort of, ultimately signed notice of completion."- City of Westminister ➢ "Employee has now come forth to the City, and we are filing a report to the Department of Housing and Urban Development (HUD) for prevailing wage non-compliance."- City of Huntington Beach on Project No, CC No. 1128 ➢ "Yes, contractor has a contract with us now. Based on our previous experience, new management staff has been assigned and more attention is being done on our part. Project proceeding well." - City of Huntington Beach ➢ "No more credit. Cash in advance only before ordering materials."- Econolite Control Products ➢ "Choose words carefully. Contractor very litigious. Would prefer not to hire again. We were lucky." - City of Tustin ➢ "We were lucky."- City of Rancho Santo Margarita ➢ "Would you rehire?"- City of Diamond Bar. "No."- City of Riverside The City Attorney reviewed all of the information above and concurs that justification is warranted to reject the bid by JEC. Accordingly, based on all of the foregoing, staff recommends that the City Council make a finding that IEC is not responsible. and reject its bid. 0 Staff has checked the contractor license and bid bond of the second lowest bidder, New West Signal, with the Contractor State License Board and found them valid. Furthermore, New West had performed satisfactorily and was a responsible contractor on a prior traffic signal project (Diamond Bar Boulevard and Goldrush Drive) with the City. The following key aspects of requirements will be placed upon the contractor: • Schedule to be submitted at least ten (10) calendar days before start of work • Completion of all work within sixty (120) calendar days • Liquidated damages of $500.00 per day for non-conformance The project schedule is tentatively set as follows: Award of Contract October 1, 2002 Notice to Proceed October 14, 2002 Completion of Construction February 22, 2003 PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY; D� G. Director of Public Works James DeStefano Deputy City Manager Date Prepared: September 25, 2002 ATTACHMENTS; City Manager Letter of Determination, dated September 26, 2002 7 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 Recyded paper September 26, 2002 City of Diamond Bar 21825 E. Copley Drive - Diamond Bar, CA 91765-4178 (909) 860-2489 • Fax (909) 861-3117 www.CityofDiamundBar.com Douglas J. Pettibone, Esq. Law Offices of Douglas J. Pettibone The Xerox Building 1.851 East First Street, Suite 800 Santa Ana, CA 92750 Subject: Administrative Hearing Re: Qualifications of Apparent Low Bidder, Inspection Engineering Construction (IEC) Dear Mr. Pettibone: This letter follows from the hearing conducted before me on September 18, 2002, concerning the qualifications of your client, Inspection Engineering Construction ("IEC") as a responsible bidder to construct traffic signal Improvements at the intersections of Diamond Bar Boulevard at Silver Hawk Drive, Diamond Bar Boulevard at Clear Creek Canyon Drive, Golden Springs Drive at Sylvan Glen Road, and Diamond Bar Boulevard at SR -57 northbound on-ramp . The Diamond Bar City Engineer and Public Works Director, Mr. David Liu, had prepared a staff recommendation for me as the City Manager to forward to the City Council that your client be disqualified from the bidding for the subject traffic signal improvement construction project due to outcomes of reference checks conducted by his staff and himself. Unfavorable references were obtained from those references listed by your client as well as other references obtained by City staff from other city Public Works Departments. At the hearing your client, upon hearing the causes for Mr. Liu's recommendation of disqualification, appeared to me to offer information explaining that the negative matters brought forth by Mr. Liu's investigation were now remedied. He seemed to propose that further investigation of ongoing contract performance with cities would reveal that his current performance was now acceptable. Letter to Mr. Douglas J. Pettibone, Esq. Law Offices of Douglas J. Pettibone September 26, 2002 Page Two This additional investigation was performed by Diamond Bar staff as indicated in the materials forwarded to you yesterday. This extended reference check did not indicate that IEC has improved its performance, even as regards pending jobs. -And, the references do not support your client's assertion that he is capable of completing this very important signalization project for the City of Diamond Bar. I have received no additional comments from you regarding the new evidence. I am, by this correspondence, informing you of my decision that staff's recommendation to disqualify IEC and award to the next responsible bidder is appropriate. I shall forward this recommendation for City Council consideration at the regular City Council meeting of October 1, 2002, 6:30 p.m. The recommendation shall include awarding this bid to the next responsible bidder. If your client wishes to contest this determination, you and he will have an opportunity to address the City Council, when the item is considered. Upon posting of that agenda you will be forwarded a copy of the agenda and the accompanying staff report. If your client elects to withdraw its bid, please advise Mr. Liu of that decision at your earliest convenience. For your information, the agenda will be posted not later than midday tomorrow. Sincerely, r OwnVL nda C. Lowry City Manager LCL:nbw c: Mr. James DeStefano, Deputy City Manager Mr. Mike Jenkins, City Attorney Mr. David Liu, Director of Public Works Agenda # 8_. 2 (b1 Meeting Date: October L 2002 TO: Honorable Mayor and Members o!*e City Council VIA: Linda C. Lowry, City ManagGp-f" TITLE: Award of Construction Administration and Inspection Services for the Traffic Signal Improvement Project at the Intersections of Diamond Bar Boulevard/Clear Creek Canyon Drive, Diamond Bar Boulevard/Silverhawk Drive, Golden Springs Drive/Sylvan Glen Road, and Diamond Bar Boulevard/SR 57 Northbound On Ramp to Warren C. Siecke Transportation and Traffic Engineering in an amount not -to -exceed $37,000.00 and Authorize a Contingency Amount of $3,500.00 for Project Change Orders to be Approved by the City Manager for a Total Authorization Amount of $40,500.00. RECOMMENDATION: It is recommended that the City Council award the construction administration and inspection services to Warron C. Siecke Transportation and Traffic Engineering in an amount not -to -exceed $37,000.00 and authorize a contingency amount of $3,500.00 for Project Change Orders to be approved by the City Manager for a total authorization amount of $40,500.00. FISCAL IMPACT: A total of $490,000.00 has been budgeted for the traffic signal improvements at the four (4) intersections. The breakdown of each intersection Is as follows: • $120,000.00 Proposition C- Diamond Bar Boulevard and Clear Creek Canyon Drive • $120,000.00 Proposition C- Diamond Bar Boulevard and Silver Hawk Drive • $120,000.00 Proposition C- Golden Springs Drive and Sylvan Glen Road • $130,000.00 Proposition C- Diamond Bar Boulevard and SR 57 Northbound On Ramp As previously requested, upon approval of the budget amendment, the total amended project budget of $560,000.00 will be adequate for construction, construction administration and inspection of the project. BACKGROUND/DISCUSSION: On June 4, 2002, the City Council approved the plans and specifications and authorized the City Clerk to advertise and receive bids for the Traffic Signal Improvement Project at the Intersections of Diamond Bar Boulevard/Clear Creek Canyon Drive, Diamond Bar Boulevard/Silverhawk Drive, Golden Springs Drive/Sylvan Glen Road, and Diamond Bar Boulevard/SR 57 Northbound On Ramp. The construction work to be inspected includes 1) traffic signal installation (Silver Hawk Drive, Clear Creek Canyon Drive, Sylvan Glen Road and SR 57 Northbound On Ramp), 2) median reconstruction (Silver Hawk Drive and Clear Creek Canyon Drive), and 3) wheelchair ramps'and sidewalk (Silver Hawk Drive, Clear Creek Canyon Drive, and Sylvan Glen Road). Five (5) Alternate Bid Items to be constructed and inspected includes 1) traffic signal interconnect on Diamond Bar Boulevard (Silver Hawk Drive to Kiowa Crest Drive; Grand Avenue to Clear Creek Canyon Drive; and Clear Creek Canyon Drive to Tin Drive), 2) cold mill pavement, and 3) asphalt concrete. Six (6) bids were submitted and opened on July 30, 2002. The following are the bid results: ComRan Bid Amount 1) Inspection Engineering Construction $385,861.20 2) New West Signal $412,086.00 3) Macadee Electrical Construction $413,282.00 4) Pete & Sons Construction, Inc. $417,700.00 5) Broadband Powering Services, Inc. $420,718.00 6) Dynalectric $432,028.57 The project schedule is tentatively set as follows: Award of Contract October 1, 2002 Notice to Proceed October 14, 2002 Completion of Construction February 22, 2003 PREPARED BY: John L. Ilasin, Assistant Engineer Date Prepared: September 25, 2002 REVIEWED BY: David rLiu James DeStefano Director of Public Works Deputy City Manager Attachment: Proposal for Construction Administration and Inspection Services -2- INTER -OFFICE MEMORANDUM DATE: September 25, 2002 TO: Project File For Traffic Signal Improvement Project at the Intersections of Diamond Bar Boulevard/Clear Creek Canyon Drive, Diamond Bar Boulevard/Silverhawk Drive, Golden Springs Drive/Sylvan Glen Road, and Diamond Bar Boulevard/SR 57 Northbound On Ramp FROM: David G. Liu, Director of Public Works RE: Addendum No. 2 to Inter -Office Memorandum dated September 12, 2002 Qualifications of Inspection Engineering Construction (IEC) The following is additional pertinent information through documentation and/or verbal communication obtained From each respective city: Citv of Riverside (Proiect No. TE -00-2) • Letter dated November 8, 2000 by City of Riverside • Letter dated December 7, 2000 by City of Riverside • Letter dated July 17, 2001 by City of Riverside • Letter dated July 18. 2001 by IEC • Daily Construction Report dated August 20, 2001 • Letter dated September 11. 2001 by City of Riverside • Letter dated September 19, 2001 by LEC • Daily Construction Report dated October 10, 2001 • Letter dated October I'_ _1001 by City of Riverside • Letter dated November 21, 2001 by City of Riverside • Letter dated Januaiv 2S. 2002 by City of Riverside • ;Stop Notirc dated Fehruary 20, 2002 by Loop Masters. Inc. • CrOSS-Complaint for Breach of Contract. Fraud. Concealment, Promissory Fraud and Violation of False Claims Act (Case No. RIC 37 1684) by City of Riverside Citiv, of (:erritos (Scope of Project: new traffic signal installation): • Stop notice by traffic control subcontractor • Contractor was resistant when it came time to install change order material: All material was ordered directly by City: Delaved installation of ncy, materrtl in(', cawed toil 10 extend Page 2 QuaIiticaLion Of Inspection Engineering Construc[iou HECI Citv of Cerritos (continued) (Scope of Project: traffic signal modification): • Difficulty obtaining documentation from contractor to substantiate contractor issued change order • City charged liquidated damages for project delay • Contractor had to be constantly reminded about items that were in both the general and special specifications, otherwise_ contractor would have missed numerous items. • Required traffic signal maintenance contractor to fix problem with timing program with controller due to inability of contractor to repair; Also required Sheriff's Department to do the traffic control city of Rancho Santa Margarita (Scope of Project: traffic signal modification • Stop notice by subcontractor (Orange County Striping) • Invoices were held to force contractor to continue job City of Tustin (Scone of Protects: traffic silZnal modifications) • Three (3) stop notices by subcontractors (Econolite Control Products, Loop Masters, Inc. and L.A. Signal) • Concrete work was poured wrong and forced to do over. Cita of Westminister (Scope of Project: traffic signal modifications • Difficult time with paperwork turn around-, Certified Payroll was always late and had to hold-up payments; Could not substantiate, Payroll was being paid by personal check • Contractor did not adhere to striping specifications; Striping subcontractor only did what contractor ordered for: City contacted subcontractor directly to complete according to specifications • Contractor did not include in their bid price detection for signal • Contractor did not obtain required County permit and County has now red tagged project • Interconnect conduit was supposed to be in median and frontage road but contractor placed it down in middle of a six lane arterial: County wants it removed, and IEC has "hailed" on it Citv of Fullerton (Street LijQht UpLrade-- Contract No. 4701) • Stop Notice dated November 27, 2001 by L.A. Signal, Inc. • Facsimile transmittal dated January 29, 2002 by City of Fullerton • Bond Release of Stop Notice dated February 25, 2002 by IEC/Safeco Insurance Company of America • Facsimile transmittal dated February 21. 2002 by Jones & Mayer • Stop Notice dated March 6, 2002 by Robertson's • Release of Stop Notice dated May 15, 2002 by Robertson's • Inspector's Daily Reports (October 31, 2001 to November 11, 2001: November,.- 2. 2001: Novemher I9 and 20, 2001) by City of Fullerton . »SN BIDS CHECK FOR REFERENCES 1. Call Contractors State License Board for Contractor's license status, 1-800-321-2752 automated response system. Press 1 for license status License Number Status is Current & Active Name on above License number is The entity license is The expiration date is Type of License: Address of License is Press 3 for Bonds Bond information: Bond Number Bonding Company Bond Amount $7500 _ Bond Date (date } currently on file Bonding Company Address Bonding Company Phone 2. Get a list of references and call them. Reference 1 Name 1�7yo.&i U h c- j s 'I t ;Df PLkUe*I t 6JL- Phone Number a1 fy4 - S 3-4 V Questions How rr..Iay jobs hay contractor done for you? _ t� what was the navare of the project & date? SS rnr-k* s v, Was it done to your satisfaction? IJ4 Was job co-sphred and on schedule? NtA� Was the job within budget? _ Did you have change orders_"d- the reasons? ' -Would you rekimre ' Valuation? 5 � 7—� - 53(�,(. (Aj __— � c�M'�u`.�'�-„ 11�.cl. t r'lS ��l.ec� � �� � , �aA- Jam_ `�t �ioww•..�17 �_ - ._ _� i��.e. S � 0 �l; �- -�rN a1'y.Q , ��R.�r�4.� ��. �j �J•y-- rt-�.�.b t%� VI u YK 9-*-mAA s p vyo c�y c.� cYrA'� cm.-'�l "-fty � e,� f c,E.�► fit . �s �� S -�-� � � h � .._ __ ce..�.--..a�`� n t (M Its �,,,a-- (�•,.� � a.•• (n�o,-.� Reference Z Name : Gx �J S lrho ,e s o•� CAA4r rJIo S Phone Number Questions: How many jobs has contractor done for you? What was the nature of the project & date? Was it done to your satisfaction? -\-(G2 Cvv %hIf_titA t , Was job completed and on schedule? ho _ u,h-rol Sv h Was the job within budget? Did you have ciAnge orders and thk reasons? 0,1_121. ,k Would you rehire? C, --- Valuation? C,oq-kr�,c� w �,, res istwn't- �-}-s.l b d�re,L. i.t cr•+..� �+r►�- -w �k3� b n..�� � . r41 l Y�,4Jt� w wi "0LveuA &Arc- t -y �c tGuZ cam- i n 3ts.A4c�7[I r -I., � 1,,e� '`'� ck �.a Reference 3 • c --d- c--""�'� Name_ C L, 0`� Y l 4t,S Phone Number . " Sb i - T c, b - d 311' t ?-z:- iQuestions:' Questions: How many jobs has contractor done for you? 2 - { fis r"\6 - 1 �¢, - f� What was the nature of the project &date?N- oL�feL 1- Sprue` „air.,� d w, fp5Zv lrl. Was it done to your satisfaction? � Was job completed and on schedule'! _ tJ Was the job within budget? _ Did you have thana orders and the reasons? 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Wimpand0 Facsimile (909) 826-5540 Attorneys for Defendant/Cross-complainant CITY OF RIVERSIDE 21 2'' r 24 25 26 27 ON Attorney's 01 rice 3900 Main Sircet Riverside, CA 92-522 (909)826-5567 SUPERIOR COURT OF CALIFORNIA COUNTY OF RIVERSIDE JAMAL DAEIFI, dba INSPECTION ENGINEERING CONSTRUCTION, Plaintiff, vs. THE CITY OF RIVERSIDE, a municipality, et al., Defendants. CITY OF RIVERSIDE, a municipal corporation, Cross-complainant, vs. JAMAL DAEIFI dba INSPECTION ENGINEERING CONSTRUCTION, and ROES 1 - 50, Inclusive, Cross-defendants. ASSIGNED FOR ALL PURPOSES TO THE HONORABLE JUDGE HOLMES CITY OF RIVERSIDE'S CROSS- COMPLAINT FOR BREACH OF CONTRACT, FRAUD, CONCEALMENT, PROMISSORY FRAUD AND VIOLATION OF FALSE CLAIMS ACT Defendant and Cross -Complainant, City of Riverside ("Cross Complainant") alleges on information and belief as follows: 11 Cross -Complaint 7 1 1. At all times mentioned herein, Cross -Complainant City of Riverside was, and now is, a 2 municipal corporation, duly organized and existing under and by virtue of the laws of the State of 3 California. 4 2. Cross -Complainant is informed and believes and thereon alleges that Cross -Defendant 5 Jamal Daeifi dba Inspection Engineering Construction is a sole proprietor. 6 3. The true names or capacities, whether individual, corporate, associate, or otherwise of 7 cross-defendants Roes 1-50, inclusive, are unknown to Cross -Complainant, who therefore sues 8 cross-defendants by such fictitious names and will ask leave of court to amend its cross-complaint 9 to allege their true names and capacities when the same have been ascertained. Cross -Complainant 10 is informed and believes and thereon alleges that each of said fictitiously named cross-defendants I 1 Roes 1-50, inclusive, is negligently responsible in some manner for the events and happenings 12 hereinafter alleged, and negligently caused injuries and damages proximately thereby to Cross - 13 Complainants herein, all as more particularly hereinafter alleged. 14 4. Cross -Complainant is informed and believes and thereon alleges that cross-defendants, 15 and each of them, were, and are residents of the County of Riverside, State of California, and/or 16 corporations, partnerships, associations or individuals duly qualified and/or authorized to do 17 business and/or doing business in the County of Riverside, State of California. 18 5. At all times relevant herein, Cross -Complainant is informed and believes and thereon 19 alleges that cross-defendants, and each of them, were acting as the agents, servants and/or 20 employees of each of the other cross-defendants and were acting within the course and scope of 21 said agency and employment. -22 6. Venue is proper in the County of Riverside, State of California as the contract was 23 made and entered into and was to be performed in the City of Riverside. 24 ALLEGATIONS COMMON TO ALL CAUSES OF ACTION 25 7_ On or about December 27, 2000, Cross -Complainant and Cross -Defendant Contractor 26 entered into a written contract that provided in part: "Contractor shall furnish all labor, equipment and 27 materials for, and perform the work of, modification of a traffic signal and lighting system at the City Attorney's Offiec 3900 N1nio Street Riverside, CA 92522 -2- (909)826-;$6; Cross -Complaint 1 2 4 5 6, 7 8 91 101 11 12 13 14 15 16 17 i8 I9 20 21 23 24 25 26 27 Cih, Altorney's Otlece 3900 klain Street Riverside, CA 92522 (909)826-5567 intersection of Olivewood Avenue and Cridge Street and other appurtenant work which is covered by Contractor's Bid Proposal." 8. The contract further provided in part: "City shall pay Contractor the Contract Price of Fifty -Four Thousand Six Hundred Seventy Eight Dollars ($54,678.00) ... for the performance of all of the Work according to the terms and conditions contained or referred4o herein, the completion of the improvement in strict conformity with the provisions hereof and the guarantee of the Work and improvements ... set forth in the Contract. Monthly progress payments shall be made in accordance with ... the Standard Specifications." 9. The contract authorizes Cross -Complainant to withhold $300.00 per day in liquidated damages for failure of Cross -Defendant to complete the work within the time specified in the contract. 10. Pursuant to the terms of the contract, Cross -Complainant made the first scheduled progress payment on November 1 I, 2001, in the amount of Seven Thousand One Hundred Sixty-six Dollars and Forty-six Cents ($7,166.46). Said progress payment was adjusted from Thirty-two Thousand Eight Hundred Six Dollars and Eighty Cents ($32,806.80) by Cross -Complainant pursuant to the terms of the Contract. 11, On August 20, 2001, Cross -Defendant appeared at the intersection of Olivewood and Cridge Street for the purposes of installing the traffic signal improvements specified in the Contract. City inspectors observed that the traffic signal poles were non -conforming in that: (1) The poles did not have tags certifying that they were constructed pursuant to contract specifications; (2) The poles were pre -drilled, suggesting that they may have been used and relocated for installation in the City of Riverside; (3) The poles appeared to be re -galvanized so as to give them a new appearance. 12. On August 20, 2001, Cross -Complainant objected to the pole installation by notifying Cross -Defendant that the poles were non -conforming and should not be installed. In response to the Cross -Complainant's objection, Cross -Defendant faxed to Cross -Complainant a writing that purported to be proof of certification for the subject poles. Following receipt of certification, Cross -Complainant -3- Cross-Complaint 2 3 4 5 6, 7 8 9 10 11 12 13 �i 14 15 16 17 18 19 20 21 77 23 24 25 26 27 City Attorney's Office 3900 Main Street Riverside, CA 92522 (909) 826-5567 permitted the installation of the poles. Notwithstanding said certification, the poles were not installed because they did not fit the pre-existing ground anchors. Cross -Defendant conceded that two of the poles were non -conforming. I3. On October 10, 2001, Contractor returned to the subject intersection and installed three poles that Contractor held out as being certified. In fact the poles were not certified and did not conform to contract specifications. FIRST CAUSE OF ACTION (Breach of Contract) 14. Cross -Complainant hereby incorporates by reference, the allegations contained in paragraphs I through 13 as though set forth in full in this cause of action. 15. On December 27, 2000, Cross -Complainant and Cross -Defendant entered into a written contract. 16. Cross -Complainant performed all covenants and conditions required to be performed by it under the terms of the contract. 17. Cross -Defendant breached the contract by failing to strictly comply with its terms and specifications; by presenting Cross -Complainant with false pole certifications; by installing used poles; by falsifying manufacturer's identification tags; and by failing to complete the job on schedule. 18. Cross -Complainant has been damaged as a direct and proximate result of Cross - Defendant's breach in that Cross -Complainant has been required to re -bid the Contract. SECOND CAUSE OF ACTION (Fraud) 19. Cross -Complainant hereby incorporates by reference, the allegations contained in paragraphs 1 through 18 as though set forth in full in this cause of action. 20. On August 20, 2001, Cross -Defendant made an affirmative representation in correspondence to Cross -Complainant, that the poles were certified by the manufacturer to be in conformity with contract specifications and were therefore fit to be installed for use as a public improvement. -4- Crass-Complaint If 1 2 �I 4 51i 6j 7 8 9 10 11' 12 13 14 15 16 17 18 19 20 21 7? 2a 24 25 26 27 • 21. The representation made on August 20, 2001 was false in that the poles were used and did not have original manufacturer certifications. As such, Cross -Defendant falsified a letter of certification and transmitted by fax to Cross -Complainant the falsified letter of certification and a bill of lading that purported to verify shipping of poles to be used for the work to be performed in the City I of Riverside. 22. At the time Cross -Defendant made the misrepresentation of fact, he knew or should have I known that said representation of fact was false, in that the poles did not fit pre-existing ,anchors that Citv Attorney's office 3960 Aloin Street Riverside, CA 97,512 (909)826-5567 were designed to hold the specified poles and further because the poles were used and Cross -Defendant knew that manufacturer pole certifications did not exist. 23. Said false certification and bill of lading were transmitted to Cross -Complainant by fax for the purpose of inducing Cross -Complainant to accept used and defective traffic signal poles in lieu of the goods specified in the contract. 24. Cross -Complainant justifiably relied upon documentation submitted by Cross -Defendant because said documentation is customarily used to verify certification of traffic signal poles and further, because Cross -Defendant provided Cross -Complainant with a bill of lading as further proof that the poles had been ordered and shipped by a manufacturer who does in fact make the poles specified in the contract. 25. Asa direct and proximate result of said misrepresentation, Cross -Complainant has been damaged in an amount as of yet unknown, but which shall be proven at the time of trial. 26. The misrepresentations made by Cross -Defendant were willful, oppressive, deliberate and malicious, thereby justifying an award of punitive damages in such sums according to proof. THIRD CAUSE OF ACTION (Concealment) 27. Cross -Complainant hereby incorporates by reference, the allegations contained in paragraphs I through 26 as though set forth in full in this cause of action. 28. On or about December 21, 2001, Cross -Defendant installed certain poles at the subject intersection. At the time of installing said poles, Cross -Defendant concealed the fact from Cross- -5- Cross-Complaint 1 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 I7' 18 19 20 21 23 24 25 26 ?7 City Attorney's Orrice 3900 Again street Riverside. CA 92522 (909)!326-5567 Complainant that said poles were used and uncertified and further did not conform to the specifications of the contract by engaging in the following course of conduct: Cross -Defendant did not retract the written certification of August 20, 2001, thereby allowing the Cross -Complainant to believe that the installed poles did in fact conform and were certified poles; Cross -Defendant's poles were re - galvanized for the purpose of having the appearance of new poles; Cross -Defendant affixed falsified manufacturer's tags onto the poles; and further by sending correspondence to Cross -Complainant representing that the failed August 20th installation included two poles that were non -conforming but that said poles would be replaced with conforming poles. 29. The foregoing course of conduct was undertaken with the intent to conceal the following material facts from Cross -Complainant: that the poles were used; that the poles lacked certification; and that the poles did not meet contract specifications. 30. Cross -Complainant reasonably relied on such concealment because documentation used by the Cross -Defendant to show certification is customarily used to verify certification. Additionally, the bill of lading confirmed shipment of conforming poles for installation pursuant to the terms of the contract. 31. Asa direct and proximate result of said misrepresentation, Cross -Complainant has been damaged in an amount as of yet unknown, but which shall be proven at the time of trial. 32. The misrepresentations made by Cross -Defendant were willful, oppressive, deliberate and malicious, thereby justifying an award of punitive damages in such sums according to proof. FOURTH CAUSE OF ACTION (Promissory Fraud) 33. Cross -Complainant hereby incorporates by reference, the allegations contained in paragraphs 1 through 32 as though set forth in full in this cause of action. 34. On September 19, 2001, Cross- Defendant issued a letter to City acknowledging that poles used in the attempted August 20`ti installation were non -conforming and promised that said poies would be replaced with conforming poles that were certified under the August 201h letter of certification. At the time Cross -Defendant made such promise he had no intention of performing the -6- Cross-Complaint 11 2 4 5 6 7 gl 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Citv Attorney's 011ice 3900 Main Street Riverside, CA 92532 (909)82G-5567 Complainant that said poles were used and uncertified and further did not conform to the specifications of the contract by engaging in the following course of conduct: Cross -Defendant did not retract the written certification of August 20, 2001, thereby allowing the Cross -Complainant to believe that the installed poles did in fact conform and were certified poles; Cross -Defendant's poles were re - galvanized for the purpose of having the appearance of new poles; Cross -Defendant affixed falsified manufacturer's tags onto the poles; and further by sending correspondence to Cross -Complainant representing that the failed August 20th installation included two poles that were non -conforming but that said poles would be replaced with conforming poles. 29. The foregoing course of conduct was undertaken with the intent to conceal the following material facts from Cross -Complainant: that the poles were used; that the poles lacked certification; and that the poles did not meet contract specifications. 30. Cross -Complainant reasonably relied on such concealment because documentation used by the Cross -Defendant to show certification is customarily used to verify certification. Additionally, the bill of lading confirmed shipment of conforming poles for installation pursuant to the terms of the contract. 31. As a direct and proximate result of said misrepresentation, Cross -Complainant has been damaged in an amount as of yet unknown, but which shall be proven at the time of trial. 3 2. The misrepresentations made by Cross -Defendant were willful, oppressive, deliberate and malicious, thereby justifying an award of punitive damages in such sums according to proof. FOURTH CAUSE OF ACTION (Promissory Fraud) 33. Cross -Complainant hereby incorporates by reference, the allegations contained in paragraphs 1 through 32 as though set forth in full in this cause of action. 34. On September 19, 2001, Cross- Defendant issued a letter to City acknowledging that poles used in the attempted August 20`h installation were non -conforming and promised that said poles would be replaced with conforming poles that were certified under the August 20" letter of certification. At the time Cross -Defendant made such promise he had no intention of performing the -6- Cross-Complaint I 2�3 4 5 6 7 8 9 10 11 12 13 14 15 16 I7 18 19 20 21 22 23 24 25 26 27 City Attorney's Office 3900 Main Street Riverside, CA 92522 (909) 826-5567 promise. At all relevant times, Cross -Defendant knew and intended to install used and defective poles. 35. Cross -Complainant reasonably relied on such concealment because documentation used by the Cross -Defendant to show certification is customarily used to verify certification. Additionally. the bill of lading confirmed shipment of conforming poles for installation pursuant to the terms of the contract. 36. Asa direct and proximate result of said misrepresentation, Cross -Complainant has been damaged in an amount as of yet unknown, but which shall be proven at the time of trial. 37. The misrepresentations made by Cross -Defendant were willful, oppressive, deliberate and malicious, thereby justifying an award of punitive damages in such sums according to proof. FIFTH CAUSE OF ACTION (Violation of False CIaims Act) 38. Plaintiff hereby incorporates by reference, the allegations contained in paragraphs I through 37 as though set forth in full in this cause of action. 39. Cross -Defendant has violated California Govemment Code Section 12651 by engaging in the following described conduct: (A) Cross -Defendant submitted false documentation for the purpose of claiming the balance due on progress payments to be paid under the terms of the contract (Section 12651(a)(2); (B) Cross -Defendant delivered a document certifying receipt of property to be used by the Cross-Compiainant, which falsely represented the property used (I265 i (a)(5).); (C) Cross -Defendant knowingly made a false record or statement to conceal, avoid an obligation; and (D) to transmit property to the City (12651(a)(7). Cross -Complainant therefore, contends that it is entitled to the relief specified in Section 12561. WHEREFORE, this Cross -Complainant prays for judgment against Cross -Defendant, as follows: -7- Cross-Complaint I I . For general and compensatory damages in an amount be ascertained according to proof 2 at the time of trial; 3 2. For punitive damages in an amount be ascertained according to proof at the time of trial: 4 3. For treble damages pursuant to California Government Code Section 12651; 5 4. For all costs of suit herein, including attorney's fees, investigation fees, and expert 6 witness fees; and 7 5. For such other and further relief as the Court deems just and proper. 8 9 DATED: April 10, 2002. GREGORY P. PRIAMOS, Interim City Attorney RAYCHELE B STERLING, Deputy City Attorney 10 HERIBER . DIAZ' eputy City Attorney CITY 0,FlUVERSIDE 11 � 12 i 1; CPMU BANAC STE G TIT-Y neys for a endant and r ss -Complainant 14 OFRIVERSIDE 15 16 17 18 19 20 21 22 2; 24 25 26 0:1CycomlWPDocs11)0091P001100005678.WPD 27 City Attorney's Office 3900 Main Street Riverside, CA 92522 (909)826-5567 -8. Cross -Complaint 1 2 J 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PROOF OF SERVICE BY MAIL --[1013a, (3) 2015.5 C.C.P.] STATE OF CALIFORNIA, COUNTY OF RIVERSIDE I am a resident of the county aforesaid; I am over the age of 18 years and not a party to the within above -entitled action; my business address is 3900 Main Street, Riverside, California 92522. On April 10, 2002,1 served the within: CITY OF RIVERSIDE'S CROSS-COMPLAINT FOR BREACH OF CONTRACT, FRAUD, CONCEALMENT, PROMISSORY FRAUD AND VIOLATION OF FALSE CLAIMS ACT on the interested parties in said action, by placing a true copy thereof enclosed in a sealed envelope(s) with postage thereon fully prepaid, in the United States mail at Riverside, California, addressed as follows: Douglas J. Pettibone, Esq. Law Offices of Douglas J. Pettibone 1851 East First Street, Suite 800 Santa Ana, CA 92705 I caused such envelope(s) to be deposited in the mail at Riverside, California. The envelope was mailed with postage thereon fully prepaid. I am "readily familiar" with this firm's practice of collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service on the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter dated is more than one day after date of deposit for mailing affidavit. 1 declare, under penalty of perjury, under the laws of the State of California that the foregoing is true and correct. Executed on April 10, 2002, at Riverside, California. a-ja� r� Susan Allen City Attorney's Office 3960 Main Strert Riverside, CA 92522 (909826-5567 'Page%of CITY OF RIVERSIDE Date 8 2'0/ DAILY CONSTRUCTION REPORT Da WTFSS Project TE -00-2 Location Cdd a 10ilvewood 9738039952-44022381 Contractor IEC Subcontractor Inspector Jim Robinson AM Traffic 41 U 41-1 1 PM Traffic Weather Sunn f Cloudy Rain Wind til Moderate High Humidity1l] ! Moderate Humid AM Temp 0_ i PM Temp S CONTROLLING ITEM NO. WORK PERFORMED R/+e T J )eA '- C� S 7^,0�.4 S^ f,1, 5, -k f HOURS PERSONNEL CLASSIFICATION HOURS J A S, ASA=f 7RAe79,-t C' �/ 1 I✓O T N 7- F O g II C VAC _ J T1F1Ga S Aljc� A RA/N S i n.l % %LF. Tor./ 7-zf .P7 -&-d 7,) crA FJ�I oqs.�1�.� ,J J. -J J � / j V i,./ o r.,— / a p 1. A 0 7 `p __ ®� A /.-) J AYLC 8s, I r%^rr-M. VVn11 RVL 1'a. EQUIPMENT AND PERSONNEL EQUIP # DESCRIPTION f HOURS PERSONNEL CLASSIFICATION HOURS 35a F�h�r��i F,eA� g _T f i r f I !Da s" Days Used Today Total daily report-9.As ++ = o Signature I-1 PageLLof CITY OF RIVERSIDE Date Cn(,j>. DAILY CONSTRUCTION REPORT Day: M T W T F S S Project TE -00-2 Location Cridge / Oilvewood 9738031152-44022381 Contractor IEC Subcontractor Inspector Jim Robinson AM Traffic PM Traffic Weather Sunny ! Cloudy Rain Wind $611 Moderate High Humidity Dry Moderate Humid AM Temp PM Temp CONiR0LUNG REM NO. WORK PERFORMED 4)7 i1,Jo L) n r ! /UA L 's�J` GfiLV, iV9�� c ►'his �� I r� : �, - -•� - �-� F, T� 1D; s� ss�M r t -e o c. � �✓ c��FR 627e2d' d Com sr S7- e W -r-v r 'FFA /v 11�f1,/UC�;�r�R-eR ARKAS 5..._!'���.�d,er✓c �,L�L,^�, �;�«fi r�r 7<' r1,;,1�_ /�J__- d A�_d Lo se m +0 _ ;l—i,.',,. 1_1-4e 0 I MM'ril, t UN i MUL Lunnmen i a: �� n1 T i �J ti 'e c� pr✓ i o -r EQUIPMENT AND PERSONNEL Signature daily report-t.xis • page/ 0-C of Project TE -00-2 Location Cridge / Oilvewood 9736031152-44022361 Contractor IEC Subcontractor Inspector Jim Robinson CITY OF RIVERSIDE Date DAILY CONSTRUCTION REPORT Day. M T W T F S S AM Traffic i ipm Trak k Weather Sunny ' Cloudy Rain Wind SUIT Moderate High Humidity _ Dry Moderate ` Humid AM Temp - PM Temp CONTROLING ITEM N0. WORK PERFORMED jT/1 rf� �.,,��T 5 SroTF4-C;d T.(/--- P!w�,1 0,2 l D h4- c�E ' t W1 5 fAv'fr< ✓ 5 Pc I -r Ti �✓ m d. N o nl %A iJ DTP c�A� / v L -fir 55 13L �eF As ii:I/� ��d (�' T d -i /✓ D L✓Ar✓A/ AF -W A <5 en Bt / CfJ AML A Aa, -id 1 >? KA 13 L c 2 ^ 4�- f _�Q�-�- _�.,C11�� $ , T�-P �J1Q, VYi .SS I.1� k ! le c 1 /V U I���vcF� A �� �.� h �I55��n+�scl/ �S�Q.phT G�T P+rr e �.. Tin. !�c fi L .. +�f'/�$L CdivT�2ACTe� L e<r I rvYrrw \..Vlf i rwi vv1rnmcI1I IQ. EQUIPMENT AND PERSONNEL Signature daily rep04-1,46 Page -21—of Project TE -00-2 Location Crid e / Oilvewood 9738031152-44022381 Contractor IEC Subcontractor inspector Tim Robinson CITY OF RIVERSIDE Date /V—/( 'O/ DAILY CONSTRUCTION REPORT Day: M T(qT F S S AM Traffic PM Traffic Weather Bunn I Cloudy f Rain Moderate I High Wind till Humidity AM Temp Moderate Humid PM Temp _ EQUIPMENT AND PERSONNEL daily report-t.xls CITY OF RIVERSIDE "People Serving People" Richard N. Kukosky Gulf Insurance Company 125 Broad Street, 8d' Floor New York, New York 10004 May 22, 2002 Subject: Modification of Traffic Signal and Lighting System at Olivewood Avenue and Cridge Street - Jamal Deaifi dba Inspection Engineering Construction, Bond No. BE2653105; Our File No. CA00-1855 Dear Mr. Kukosky: This letter shall serve to inform you that the City is in the process of letting out the corrective and remaining work to be performed on the above -referenced project. The project is currently being advertised, with bids set to be opened on June 12, 2002. The new contractor will be responsible for removing and replacing the non-compliant traffic signal poles installed by your principal Jamal Deaifi. The non-compliant poles will be retained and stored by the City as evidence. You may inspect the poles at their current location. Please contact Michael Corona from the City's Traffic Engineering Division at (909)826-5695 to arrange an inspection. I have enclosed a copy of the City's cross-complaint for your review. Please advise in writing not later than May 30, 2002 whether Gulf Insurance Company will complete the work or pay under the terms of the performance bond. Failure to respond in writing will be deemed an anticipatory breach and a default under the performance bond. If you should have any questions regarding the foregoing„arlvare to discuss this matter further, please feel free to call at your earliest c)�nveniggce. V Enclosure City cjFt-an Dunajski, Tragic Engineering Douglas J. Pettibone, Law Offices of Douglas J. Pettibone G:1Leg\WpdatalLET100185503 .sc.wpd OFFICE OF THE CITY ATTORNEY 3900 MAIN STREET • RIVERSIDE, CALIFORNIA 92522 • (909) 826-5567 FAX: (909) 826-5540 0 www.riverside-ca.org CITY OF RIVERSIDE i "People Serving People" January 28, 2002 Richard N. Kukosky Gulf Insurance Company 125 Broad Street, 81h Floor New York, New York 10004 Subject: Modification of Traffic Signal and Lighting System at Olivewood Avenue and Cridge Street (Contract TE -00-2), Bid No. 5767 - Jamal Deaifi dba Inspection Engineering Construction, Bond No. BE2653105; Our File No, CA00-1855 Dear Mr. Kukosky: The time provided for you and/or your insured, Jamal Deaifi, to bring the above - referenced project into compliance with the project specifications and Contract Documents has long since lapsed. This letter shall serve to inform you that the City will proceed to let the remaining work out to another contractor, and will hold you and your insured responsible for all costs in excess of the available project funds. If you should have any questions regarding the foregoing, or care to discuss this matter further, please feel free to call at your earliest convenience. .e B. Ster City Attc RBS:sc c: Fran Dunajski, Traffic Engineering Jamal Deaifi, Inspection Engineering Construction Douglas J. Pettibone, Law Offices of Douglas J. Pettibone G:\LeglWpdata\LEnOO185502.sc.wpd OFFICE OF THE CITY ATTORNEY 3900 MAIN STREET • RIVERSIDE, CALffORNIA 92522 • (909) 826-5567 FAX: (909) 826-5540 0 www.rivmide-ci.org CITY OF RIVERSIDE "People Serving People" November 21, 2001 Jamal Deaifi Inspection Engineering Construction 2775 Mesa Verde Dr. E., Ste. M103 Costa Mesa, California 92626 Subject: Modification of Traffic Signal and Lighting System at the Intersection of Olivewood Avenue and Cridge Street (Contract TE -00-2), Bid No. 5767 - Performance Bond No. BE2653105; Our File No. CA00-1855 Dear Mr. Deaifi: On December 27, 2000, the City of Riverside executed an agreement with you for the modification of the traffic signal and lighting system at Olivewood Avenue and Cridge Street, Bid No. 5767, for a contract price of $54,678.00. According to the City's Traffic Engineering staff this project was due to be complete by August 13, 2001. As of this date, the project remains incomplete, and liquidated damages have accrued in the amount of $30,000.00. In addition, materials provided for this project, specifically the traffic signal poles, have been found to be invalid by City inspectors and Ameron, your pole manufacturer. By way of letter dated October 12, 2001, you were advised that the validity of the signal poles installed on the project was in question, and that Ameron would be contacted to certify the poles. An Ameron representative visited the job site and determined that at least one of the poles you installed had not been manufactured by their company as the tags on the poles indicate. The bill of lading you provided the City indicates that the poles were manufactured by Ameron, however, they do not have record of any pole order for the City of Riverside. The bill of lading you supplied appears to be for the City of Orange. Furthermore, the pole certification you provided was faxed to Walter's Wholesale, your pole supplier, for verification. Walter's has indicated that said certification form and letterhead is not from their company. Lastly, at least one of the poles installed on the job is manufactured in accordance with the 1997 State Standard Plans, while the project specifications required conformance with the 1992 State Standard Plans. Clearly, the signal poles installed on this project are insufficient, and therefore, will not be accepted by the City. Since you have failed to timely and adequately perform the work on this project, in accordance with the Contract Documents, the City is hereby finding you in default as provided in Section 6-4 of the Greenbook. Please be advised that you have five (5) days from the date of this G:1Leg\Wpdata\LET100185501.sc.wpd OFFICE OF THE CITY ATTORNEY 3900 MAIN STREET a RIVERSIDE, CALIFORNIA 92522 0 (909) 826-5567 FAX: (909) 826-5540 0 www.riverside-ca.org Jamal Deaifi November 21, 2001 Page 2 letter in which to bring this project in strict compliance with the Contract Documents. Failure to do so will result in you being excluded from the project site, and the City taking control of the project, including possession of all materials and equipment related thereto. - By copy of this letter, notice is hereby given to Gulf Insurance Company of your default status. As such, Gulf Insurance is also being provided the opportunity to take over and complete this project on your behalf. If you and/or your Surety fail to timely comply with this notice the City will proceed take control of the project, and let the unfinished work to another contractor. Funds remaining in the project account, if any, will be applied to the costs associated with the City's efforts to complete the project. All costs in excess of the available project funds will be charged to you and your Surety. If you should have any questions regarding the foregoing, please feel free to contact this office as your earliest convenience. Very truly yours, Sony�McaChavarria Legal Assistant Blake A. Pfister; Gulf Insurance Company, San Diego, CA Claims Division, Gulf Insurance Company, New York, NY Douglas J. Pettibone, Attorney at Law Fran Dunajski, Traffic Engineering G:\LeglWpdata\LET100185501.sc.wpd CITY OF RIVERSIDE "People Serving People" i October 12, 2001 Inspection Engineering Construction 2775 Mesa Verde Dr. E., Suite M103 Costa Mesa, CA. 92626 RE: TRAFFIC SIGNALS AT OLIVEWOOD AVE. AND CRIDGE ST. This letter is to inform you that the validity of the poles installed on the above project is still in question. The City has summoned a representative for the manufacturer (Ameron) as specified by you. The City will make no payment or take any other action until the pole manufacturer's representative has certified the poles. If the poles are certified as valid, payment will be made and the project will proceed to completion. If the poles are invalid, we will proceed to find you in default of the contract. Sincerely, Fran Dunajski Traffic Engineer cc: legal Department PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING 3900 MAN STREET • 12rvERSIDE, CALIFORNIA 92522 • (909) 826-5366 FAX: (909) 926-2570 0 wwwxi.riversidexa.us 9/19/2001 Mike corona _ City of riverside Traffic Engineering - 3900 Main Street Riverside, Ca 92522 Reference: Traffic Signal and fighting System at Olivewood Ave and Cridge Street. Subject: Response to city letter Dated 9/11/2001. Dear Mike: This letter is response to your letter dated 9/11/2001, as you know that we moved to the job with all the materials to complete the project, we found out that 2 of the poles are not to specifications which were supplied by the manufacture, accordingly we had to move out of the job and wait for the right materials, at the same time we are still waiting for the signs to be manufactured, as you know there was no specification in the special prevision regarding what color of panels you need. Due to above mentioned reasons and manufactures mistake we were unable to move in and complete til,: job. For that reason we are not in title to be penalized for any liquidated damages. Please contact me A. S. A.P regarding this matter at 714-240-9272. Sincerely Jamal Denift LE -C 2775 Mesa Verde Drive East. Suit M 103, Costa Mesa, Ca 92626 (714)-285-6965. Fax (714)-434-7719 License # 767793 "People Serving People" CITY OF RIVERSIDE FILE COPY September 11, 2001 Inspection Engineering Construction 2775 Mesa Verde Dr. E., Suite M103 Costa Mesa, CA. 92626 TE -00-2; TRAFFIC SIGNALS AT OLIVEWOOD AVE. AND CRIDGE ST. Notice to Proceed: June 20, 2001 This letter is to inform you the contract completion date for this project was to be July 19, 2001. You were granted a stoppage of the contract time until August 6, 2001, extending the contract completion date to August 13, 2001. There has been no work performed since August 9, 2001. As of September 11, 2001 this project is 28 calendar days in excess of the contract completion date and the liquidated damages are $8,400.00. Due to the length of this stoppage we will be forced to call in the bond. You have ten (10) days in which to contact this office to advise how you are going to proceed. Sincerely, Fran Dunajski Traffic Engineer cc: Legal Department Gulf Insurance Company PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING 3900 MArN STREET • RNER51DE CALIFORNIA 92522 • (909) 826-5366 FAX: (.909) 826-2570 0 www.ci.nverside.ca.us + CITY OF RIVERSIDE i "People Serving People" July 17, 2001 Inspection Engineering Construction 2775 Mesa Verde Dr. E., Suite M103 Costa Mesa, CA. 92626 OLIVEWOOD AVENUE AT CRIDGE STREET This letter is in response to our telephone conversation and your letter of July 16, 2001, regarding the granting of a work stoppage. We have reviewed your request and decided that no stoppage will be granted. The inspector has informed me that the controller is not the controlling factor at this time and other work can still be performed before the intersection is ready for the controller. Sincerely, Michael A. Corona Traffic Engineering PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING 3900 MAIN STREET • RIVERSIDE, CALIFORNIA 92522 • (909) 826-5366 FAX: (909) 826-2570 0 www.ci.riverside.ca.us rn, 7/182001 Mike corona City of riverside Traffic Engineering 3900 Main Street Riverside, Ca 92522 Reference: Traffic Signal and Lighting System at Olivewood Ave and Cridge Street. Subject: Request for suspending of contract for materials delays. Dear Mike: This letter is response to your letter of July 17, 2001. The other work that can be performed at the intersection is to stand up the poles with the signal gear, and to pull the necessary conductor, the work to complete the project will take 5 Working days including the installation of the new controller, IEC will like to move in one time to finish the project complete. This is the reason that IEC requested the city to suspend the contract till all. the material is on lzand. Please contact me A. S. A_P regarding this matter at 714-240-9272. Sincerely, Jamal Deaifi I.E.0 2775 Moxa Verde Drive Eatt. Suit M 103, Costa Mesa, Ca 42626 (714)-285-6965. Fax (714)-434-7719 License # 767793 CITY OF RIVERSIDE "People Serving People" December 7, 2000 Inspection Engineering Construction 2775 Mesa Verde Dr. E., Suite M103 Costa Mesa, CA. 92626 OLIVEWOOD AVENUE AT CRIDGE STREET Our Legal Department has informed me that an Additionally Insured Endorsement has not been received from your insurance company. This matter must be resolved as soon as possible in order to execute the contract. Failure to execute and return the Contract Agreement, acceptable bonds and insurance as provided in the Special Provisions may be just cause for the City to rescind the award and forfeit the proposal guaranty. Also, please send to this office a proposed construction schedule based on your material delivery date. If you have any questions concerning these matters please contact Michael A. Corona at (909) 826-5695. Sincere] , Fran Dunajski Traffic Engineer PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING 3900 MAIN STREET • RfvERSIDE, C:AuFDRNL4 92522 • (969) 826-5366 FAX: (909) 826-2570 0 wwwxi.nversidexa us CITY OF RIVERSIDE "People Serving People" November 8, 2000 Inspection Engineering Construction 2775 Mesa Verde Dr. E., Suite M103 Costa Mesa, CA. 92626 OLIVEWOOD AVENUE AT CRIDGE STREET This letter is in response to our telephone conversation on November 2, 2000. As to the question of whether the poles are to be City furnished and as to the question of whether the Plans or the Special Provisions take precedence, the answers are as follows: The poles for this project are to be provided and installed by the Contractor. 2. The Plans take precedence, the Special Provisions are a supplement to the Standard Specification, and various parts of the Special Provisions may or may not apply to this particular project. his office has tried to contact your company by phone on numerous occasions and the number „ave for your company (714) 285-6965 is no longer in service. Please provide this office with your current phone number. If you have any questions concerning these matters please contact Michael A. Corona at (909) 826- 5695. SincereI Fran Dunajslcl Traffic Engineer PUBLIC WORKS DEPARTMENT TRAFFIC ENGINEERING 3900 MAIN STREET • RWERSIDE, CALIFORNIA 92522 • (909) 826-5366 FAX:(909)826-2570 * www.ci.riverside.ca.us STOP NOTICE ' r LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS (Public or Private Work) (Per California Civil Code Section 3103) To: _ CityRiyl;,�� Project: Olivewood Riverside, CA s& OF OWK�. 7Va�a: eODr OR Cor4nMKi1W 3900 Main Street IAMMSS s OMCM To A aMIR OR "VMS AMO LOAM ARM., ueF AOOIES$ OF IMNCN NOLOMO n*V IAOMSSI Riverside CA 92522 f ny. STAR Mo t11 1cm STATE Am a►l TAKE NOTICE THAT _ _ Loop Masters, Inc. INAW OF THE rEFIS M OR Feat CLAMRid TIE STOP NOTCE. LCUMO COMMACTORS MIST USF TME N ME LMN11 W" CM cowmCTOR'S LCEFEE is ESuaOF whose address is _ 1176 N. Grove Street c Unit C, Anahem i, CA „ 92806-2125 t"MISs or FORS ON FEAT CLA.MIO STo. Fg10E1 has performed labor and furnished materials for a work of improvement described as follows: R i.VP_rK iC1P_ CA INANE AIO UM OF TIE PROJECT W01W waft ON MAITINAIS WENS P RIONSHEW The labor and materials furnished by claimant are of the following general kind: Installation of Traffic Signal Loop Detectors KNO OF LA@M SVIAMS. EOU fiEW. OR MAtNAAIS RAIIASHW OR AORM TO E R JUMW ST CLA&SAam- - The labor and materials were furnished to or for the following party: I.E.C. ( Inspection Engineering Construction) _ MALE or THE PARTT wwo owwAv TIE won LTR MATsmALSI Total value of the whole amount of labor and materials agreed to be furnished is :......................... 4 2,475.00 The value of the labor and materials fumished to date is: ............................................................ 4 21475.00 Claimant has been paid the sum of:............................................................................................ $ 0.00 And there is due, owing and unpaid the sum of: ................... ..... $ 2,475.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law, You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. FIRM NAME: Loop Masters Inc. By: _-r�� �:-=�.-gident INANE or STD► FIOTCt CL sau I IOwmM OR AOENT OF STOP rFOTICL CLAs"W %%W #ON MIRE ANO vvsa f srxoW) VERIFICATION I, the undersigned, say: I am the _ President of the claimant f 'oESO@If LM,' �SMMAaa1 OF; 'A PARTNER OF,"DWMR OF; 'AWW OF,' ITCJ named in the foregoing Stop Notice; I have read said Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of Catifornia that the foregoing is true and correct. Executed on FF"ary 20 , 2002,at _ Anaheim EA -- (DATE TNS ooCURENF WAS SIOIEOI - INANE OF Off ANO STATt MERE NOTICE S ONM _- -- -Andrea North, President ff tRsoMu WMD R sweARRa THAT TRE coMTtMrs of Star Nona AN MM REQUEST FOR NOTICE OF ELECTION (Private works Only) (Per California Civil Code Section 3159, 3161, or 3161) If an election is rnade not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 323S or 3162, please send notice of such election and a copy of the bond within 30 days of such election in the enclosed praaddressed stamped envelope. This information must be provided by you under Civil Code Sections 3189, 3161r or 3162. Signed: ICLAMANI MUST INCLOSE SELF-Aad1ESSEO STAWEo ENVILMn WOLCOTTS FORM S94 • Rev. 3.94 fprice class 3AI STOP NOTICE 1994 WOLCOTTS FORMS, INC. Before you use this form, read It. rill in as blank$, and make whatever changes an appropriate and necessary to your particular transaction. Consull a lawyer it you doubt SEE REVBtSE SIDE f�R ADD(TIONAt NFORMATION. the corm's farness for your purpose and use. Wolcons makes no representation or warranty. express or implied, with respect to the merchantability or fitness of this form for an intended use or purpose. ENGINEERING DEPARTMENT 303 West Commonwealth Avenue, Fullerton, California 92832-1775 Telephone (714) 738-6845 Facsimile (714) 738-3115 Website: www.cilullerton-ca.us FACSIMILE TRANSMITTAL COVER SHEET DATE: 1/29/02 To: Jamal Deaifi Fax No.: 714-434-7719 From: Karen Kobayashi Phone No.: 714-738-6867 NO. OF PAGES (Including cover page)3 SUBJECT: Punch List OUR FAX NO. (714) 738-3115 IF THERE ARE ANY QUESTIONS OR PROBLEMS WITH THIS TRANSMISSION, PLEASE CALL THE ABOVE NUMBER. Please be aware that you had six (6) working days left in your contract as of January 18. Contract time will be suspended until tomorrow, January 30. Therefore, the completion date has been extended to February 6, 2002. Karen Kobay 6shi i Assistant Engineer X Fax DOC1129/0: CITY OF FULLERTON INSPECTOR'S DAILY REPORT Project Street Light Upgrade Project - P.Y. 2000 - 01 Project No. 4701 Date/Weather 11119,20101 Clear - Warm Days: Mon., Tues. Contract Day 20,21 Contractor Inspection Engineering Construction Contract time 40 Contractoes Representative ,Jamal Deaifi Nonworking Days 0 EQPT, NO, NO. MEN EQUIP./LABOR Prime or Sub WORK DOWN REMARKS— HOURS TIME 1 2 Laborers/Prime 8 A. Deaifi, I. Dueifi 2 1 Laborers/Prime 8 M. Salas Description of Work (Include: Location & Station) Mon - Contractor broke out the asphalt with a jack hammer, tacked the edge of the street slots then proceeded to patch with a 112" A.R. 4000 asphalt mix, they used a viber plate to comeact the asphalt with. They worked on this all day, going very slow. Tues. - Contractor continued with the removals and replacement of the asphalt patches on Yale and on Princeton, between Commonwealth and Chapman. The contractor had two day laborers on the job today, I told Irfan not to use day laborers unless they plan to pay them prevailing wages, he sent them off but when I came back to the job both of the men were back. I warned the contractor again and I also called Jamal about the Rroblem, he assured me it would not happen again. Performance #Inspector�� dailylog.xls CITY OF FULLERTON--- INSPECTOR'S DAILY REPORT Project Street Light Upgrade Project - F.Y. 2000 - 01 Project No. 4701 Date/Weather 11102/01 Cidy - Cool Days: Friday Contract Day 10 Contractor Inspection Engineering Construction Contract Time 40 Contractor=s Representative Jamal Deaiti Nonworking Days 0 EQPT. N0. NO. MEN JEQUIPJLABOR Prime or Sub WORK HOURS DOWN REMARKS TIME 1 Foreman/Prime 8 J. San Martin 1 2 Laborers/Prime 8 I. Dueifi, A. Deaifi 1 Laborers/Prime 8 M. Salas, J. Vega 1 1 Laborers/Prime 8 M. Nava Description of Work (Include; Location 8 Station) Contractor finished up all the street light footings, again I reminded them to get covers on all these footings before the week -end. They brought out plMood covers for these at the end of the day. They finished up the crossings on Princeton, they pushed the one crossing on Wilshire where the service feed point is. They also excavated for the service cabinet and set the conduit for the Edison run and the service run across the street. Next week they plan to complete all the conduit runs and pour out the foundations. Performance OK _ - linspector dailylog.xls CITY OF FULLERTON-" INSPECTOR'S DAILY REPORT Project Street Light Upgrade Project - F.Y. 2000 - 01 Project No. 4701 Date/Weather 10131 - 11/01/01 Cldy - Cool Days: Wed., Thurs. Contract Day 8,9 Contractor Inspection Engineering Construction Contract Time 40 Contractors Representative Jamal Deaifi Nonworking 0 Days 1:QPT. NO. N0, MEN EQUIP.ILABOR Prime or Sub WORK HOURS DOWN REMARKS y TIME 1 Foreman/Prime 8 J. San Martin 1 2 Laborers/Prime 8 I. Dueifi, A. Deaifi 1 Laborers/Prime 8 M. Salas, J. Vega 1 Laborers/Prime 8 M. Nava 2 2 Operators/Sub 8 Melmat Co. - C. Ramos, H. Juarez (Wed. only) Description of Work (include: Location & Station) Wed. - Contractor worked on Wilshire today jack boring on Wilshire, the north side from Princeton east to the alley east of Yale, which is the end point_ This was the last day that Melmat Co. will be out here. They worked on the conduit crossings on Yale and on Princeton. They potholed the water main and T the gas crossings then pushed across the street. I gave the contractor a copy of the service location from Edison for the riser. Thurs. - The contractor started digging all his street light footings on both streets, the used a Bobcat with an auger to cut the holes. I got a call from the office requesting that we relocate one of the street lights R on the east end of Wilshire at the request of the property owner. I got a hold of Juan and brought him over to the site and we laid out the new location for the street light. We both agreed this would be an extra so I asked Juan to get me a price to relocate this footing, he said he would talk to Jamal. - They continued pushing the crossings on Princeton, four of them, for the liohts on the east side of the street. I told the contractor to brink out covers for all the street light footings Performance OK I Inspector FlIaAk, Ma t,01L, dailyiog.xls i�� RELEASE OF STOP NOTICE T0: CITY OF FULLERTON 1580 W COMMONWEALTH AVENUE FULLERTON You are hereby notified that the undersigned claimant releases that certain Stop Notice dated 03/06/02 in the amount of 1,979.32 against CITY OF FULLERTON as owner cr public body and INSPECTION ENGINEERING as prime contractor in connection with the work of improvement known as YALE & WILSHIRE STREET LIGHT IMPROVEMENT in the City of FULLERTON County of ORANGE State of California. Date 05/15/02 Name of By VERIFICATION T, the undersigned, state: I am the Agent of the claimant named in the foregoing Release; I have read said Release of Stop Notice and know the contents thereof, and I certify that the same is true of my own knowledge. I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing 's true and correct. Executed on 05/15/02 at rete, California. (SPgnatXe bt—Cl,aimant or Authorized Agent STOP NOTICE (California Civil Code Section 3103) NOTICE TO CITY OF FULLERTON 1580 W COMMONWEALTH AVENU FULLERTON (If Private Job -file with responsible officer or person at office or branch of construction lender administering the construction funds or with the owner -CIVIL CODE SECTIONS 3156-3175) (IF Public Job -file with office of controller,auditor� or other public disbursing officer whose duty it is to make payments under provisions of the contract -CIVIL CODE SECTIONS 3179-3214) Prime Contractor: INSPECTION Sub Contractor (If Any): Owner or Public Body: CITY Improvement known as YALE & County of ORANGE t-fe-e* State of California. ENGINEERING CO OF FULLERTON WILSHIRE,j Fu tl�ric� Robertson's, Claimant, a Partnership, furnished certain labor service, equipment or materials used in the above described work of improvement. The name of the person or company to whom claimant furnished service, equipment, or materials is INSPECTION ENGINEERING CONST. The kind of materials furnished or agreed to be furnished by claimant was ready mix concrete, rock and/or sand materials. Total value of labor,service,material to be furnished ...... $ 1,979.32 Total value of labor,service,materials actually furnished..$ 1,979.32 Credit for materials returned, if any ......................$ 0.00 Amount paid on account, if any .............................$ 0.00 Amount due after deducting all just credits and offsets .... $ 1,979.32 YOU ARE HEREBY NOTIFIED to withhold sufficient monies held by you on the above described project to satisfy claimant's demand in the amount of $ 1,979.32 and in addition thereto sums sufficient to cover interest court costs and reasonable costs of litigation, as provided by law. A bond (CIVIL CODE SECTION 3083) is not attached.(Bond required with Stop Notice served on construction lenders on private jobs -bond not required on public jobs or on Ston Notice served on owner on private jobs) Dated 03/06/02 Name and address of Claimant ROBERTSON'S P.O. Box 33140 Riversi alif. 92519-0140 909 - By 09 -By 1-i th xze ent VERIFICATION I, the undersigned, state: I am the agent of the claimant named in the foregoing Stop Notice; I have read said claim of Stop Notice and know the contents thereof, and I certify that the same is true of my knowledge. I certify (or declare) under penalty of p -rjury under the laws of the State of California that the foregoing ' e and correct. Executed an 03/06/02 at Rivers'd t of ifornia. Signature of claimant/Agent SONn 'O. 6155532 PREP—.,M: $150.00 13OND FOR RELEASE OF STOP NOTICE CALIFORNIA -_ KNOW ALL l3Y -THESE PRESENT �. That we' — INSPECTION ENGINEERING CONSTRUCTION _ as Principal(s), ar SAFECO INSURANCE COMPANY OF _AMERICA g WASHINGTON _ corporation authorized to transact surety business in the State of California, as Surety, are held and firmly bound un, CITY OF FULLERTON as Obligee, in the penal suns c FIFTEEN THOUSAND AND NO/ 100 - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - (8-15, 000.00 - - --- - - - - - ) DOLLARS, lawful money of the United States of America, for the payment of whist well and truly to be made, we bind ourselves, our heirs, legal representatives, successors and assigns, jointly and severally, firml by these presents. WHEREAS, Principal entered into a written contract to furnish labor and/or materials or both to CITY OF FULLERTON . in connection with the construction of certain improvements located at STREETLIGHT -UPGRADE PROJECT - PROJECT N0: 4701 and, WHEREAS, a certain Stop Notice dated NOVEMBER 11, 2001 has been filed against certain funds which are due said Principal in connection with said contract in the amount of TWELVE_ THOUSAND AND NQ1100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12,000-00 _ - - -- - - _ - - _ - - - - - ) DOLLARS, by -L.A. SIGNAZ INC. and, WHr REAS, Fnncipal disputes the correctness or validit, of said Stop Notice and desires that the funds now due Principal under the provisions of said canlract shall be delivered to Principal notwithstanding said Stop Notice, and, L^/HEREAT, Section ❑ 2171 iD 3196 of the California Civil Code requires that a bond in a penal sum equal to one and one quarter ( t';=) w;; es the amcurt of Such Siup Noiiue be filed to secure the release of said funds. t,JV°I, THEREFOR" THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal shall fully protect the Obligee against any foss by reason of er arising out of the acceptance of this bond, or the release of said monies, or the payment thereof to Principal, ana shat: pay a,-Iy sum which said Stop Notice Claimant may recover on the verified claim, together with the cost of su't m the action, no; exceeding the penal sum of this bond, then this obligation shall be void, otherwise to remain in full force an:: e ~ect. SIGNFD AND SEALED this 25th day of FEBRUARY ' 2002 INSPECTION ENGINEERING CONSTRUCTION By SAFECO INSURANC COMPANY JRF AMERICA By HAWN BftTME ED -787. (2/87) wH[TE - OR;GINAL FINK - BRANCH CANARY -AGENT STATE OF CALIFORNIA SS. COUNTY OF RIVVEER�S�yIDDEE On ^ — O before me, RTSTANDLEY PERSONALLY APPEARED personally known to me +^ iww ori ALa J .Fins of to be the person(s3 whose name(}- is/aro- subscribed to the within instrument and acknowl- edged to me that he/executed the same in his/ -L4P444e4 authorized capacity(iesj, and that by his/fit' i eir signatures on the instrument the pers=4or the entity upon behalf of which the person�ected, executed the instrument - WITNESS my hand and official seal. Signature �' � �� OPTIONAL SHAWN BLUME R.STANDLEY _... COMM. #126 M u, Y�I^ "D Q NOTARY PUBLIC ..CALIFORNIA RIVERSIDE COUf•711'T'(" my Cornet. Expirre June 7,,WQ4 T16,; area for Official Notarial Seal Thouoh the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE OFFICER Tfr els; PARTNER,SI El LIMITED 1 GENERAL K ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN,'CONSERVATOR 1 OTHER. SIGNER IS REPRESENTING: NAME OF PERSON(S) oR ENTfTYriE57 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE re°, 6/93 ALL-PURPOSE ACKNOWLEDGEMENT I OF ATTORNEY HOME OFFICE: SAFECO M�AY OFAMERICA SEATTLE, WASHINGTON 98185 No. 9882 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint +.,++++++++.rtwrw.+rtrt+♦rrtrrrrt+rrsrt+trr+.t+r, ++++++r+++.++'SHALIRJ BLiIME; Fiverside, Califorrw*.*..++++r.r+w+.rr+r+wrtrt+rtrtrrrtw+wrtsr♦w+++...r+r•+w+r++.......+. its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 8th day of June _C-Fz�- �6-94&4�W-4 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OFAMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: 1999 "Article V, Section 13 - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the cfficer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidetity and surety bonds and other documents of similar Character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the sea', or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking" Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (') The prevrs;ons of Axticle V, Section 13 of the By -Laws, and (r; A c py et the power-ef-a tomey appointment, executed pursuant thereto, and pei Cernf; rg tna! sap power-of-attorney appointment is in full force and effect, the sicna;cre of tre camrV. ,:ng c icer may be by facsimile, and the seaf of the Company may be a facsimile thereof." F, A Pie,scc. c' SA FFCO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the fore,G,rg exlracts cf the 6q -Law- and of a ReseEut,on of the Board of Drectors of these corporations, and of a Power of Attomey issued pursuant thereto, are true and ee: r€ct, and that te!n the E: -Laws. the Resolution and the Power of Attomey are still In full force and effect. IN v tTNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation Cahtp9yy � Gn490nd JC p3, $ SEAi sdlF Of wxstfi p� -0S.4'SA`c� Tgo this .57# day of ' CORPORATE ' SEAT. X R.A. PIERSON, SECRETARY ® Registered trademark of SAFECO Corpora!ion. ela199 PDF Erom:JONES AND 1MIAYER 7144461448 x"'2112002 13:47 #444 P.001/003 TO: FROM: FAX NO.: J &M JONES & MAYER ATTORNM AT LAW 3777 NORTH HARBOR HOtUI..UVARD, •FULLERTON, CALIFORNIA 92635 TEL (714) 446-1400 - (562) 697.1751 • FAX (714) 446-1446 FACSIMILE COVER SHEET Karen Kobayashi, Junior Engineer Kimberly Hall Barlow, Assistant City Attorney 738-3115 RE: Preliminary Notice and Stop Notice City of Fullerton Streetlights Upgrade Project Prime Contractor, Inspection Engineering Construction DATE: February 21, 2002 NUMBER OF PAGES INCLUDING COVER: 3 NOTE: IF YOU DO NOT RECEIVE TOTAL PAGES SENT OR IF YOU HAVE ANY QUESTIONS REGARDING THIS FAX, PLEASE CONTACT RITA HEROLD AT (714) 446-2400. THIS MESSAGE IS INTENDED ONLY FOR THE USE OF TIRE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED, CONFIDENTIAL AND EXEMPT FRONT DISCLOSURE UNDER APPLICABLE LAW. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original wassxge to us at the above address via the United States Postal Service. rrom.JUNtS AND MAYtJ 11444t)1448 1 'Zl/1001 16:4/ F444 t'.UUL/ullo San Mateo Office 100 5o. Ellsworth Ave. Ninth Floor San Maw, CA 94401 (650) 579.1556 Plcnac Acapond to! ►II JONES & MAYER ATTORNEYS AT LAW 3777 NORTH HARBOR BOULEVARD • FUL. ZRTON, CALIFORNIA 92835 (714) 446-1400 • (562) 697-1751 • FAX (714) 446.1448 ..- Richard D. loner' Martin J. Mayer ®�Fullerran []FFioe n Sat, Mateo Office .- -- --- - --F- iivary-2r,--Z0D2._ Via Facsimile -to, 6-968-5720 and U. S. Mail Ray Morales L.A. Signal Inc. 15100 E. Nelson Ave. City of Industry, CA 91744 Re: Preliminary Notice and Stop Notice City of Fullerton Streetlights Upgrade Project Prime Contractor. Inspection Engipeg1j0gQngMction Dear Mr, Morales: Henry S. Barbosa, Kimberly Hall Barlow Chrislan L Bettenhausen Cynthla W. Blaylock Paul A Coble Ik—,1Aeuu*a---.-•-•-----.-,- Thalltia e- Duarte 1(rista MacNevin Jee Yolanda M. McDonough Gregory P. Primer Harold W. Potter Of counsel Michael R Capias! Warren E. Kamen Dui Peeiman Conallitant Mervin D. Feinstein 'x Professional [aw Coapamdon L.A. Signal, Inc. filed a stop notice with the City of Fullerton concerning the above - referenced project, which was received by the City on November 30, 2001. However, the preliminary notice declared by law was not dated until December 1, 2001 and was not received by the City until December 3, 2001. For this reason alone, we believe the stop notice filed by L.A. Signal, Inc. is invalid. Moreover, Karen. Kobayashi, of the City of Fullerton Engineering Department has requested on several occasions documentation from L.A. Signal, Inc. as proof that streetlight poles were in fact provided by L.A. Signal, Inc. for this project. The prime contractor has provided documentation which demonstrates that all of the streetlight poles for the project were supplied by another company. Despite Ms. Kobayashi's repeated requests, no documentation supporting L.A. Signal, Inc.'s stop notice has been submitted. As a result of L.A. Signal, Inc.'s failure to respond to requests for documentation and information, I called L.A. Signal, Inc. on February 14, 2002 and spoke with Ray Morales Jr. Mr. Morales told me that L.A. Signal, Inc. had in its possession a check from inspection Engineering Construction on which payment was stopped and evidence of provision of one or two streetlight poles to Inspection Engineering Construction for this project. Mr. Morales told me that he would fax those documents to my office, and I requested that he do so no later than February 15, 2002. To date, I have received nothing. trom:JUNE6 AND MAYER 7144461448 1"''21/2002 13:45 #444 P.003/003 Ray Morales Page 2 February 21, 2002 Please be advised that you have left the City with no choice but to dishonor its stop notice and/or to take any legal action which may be necessary or appropriate in connection with L.A. Signal, Inc.'s submission under penalty of perjury of a stop notice relating to this project. I urge you to immediately withdraw your stop notice demand in order to avoid legal costs and other legal penalties against L.A. Signal, Inc. in connection with this matter. Please call me if you have any questions. Very truly yours, Kimberly Tull Barlow Assistant City Attorney CITY OF FULLERTON KHB/tjh cc: Karen Kobayashi Dictated not read. STOP NOTICES LEGAL NuTICE TO WITHHOLD CONSTRUCTION FUNDS (PUBLIC OR PRIVATE WORK) (Per California Civil Code Section 3103) To: City of Fullerton _ _ Project: Contract #4701 (Name of Owner, Public body or Construction Fund Holder) (Name) 303 W. Commonwealth Avenue Various Locations (Address. If directed to a sank or savings and Ivan assn., use address of branch holding fundi — (Address) Fullerton, CA 92832 Fullerton, CA 92832 (City, State and Zip) (City, State and Zip) TAKE NOTICE THAT L.A. Signal, Inc. Ph: (626) 968-3771 Fax: (626) 968-5720 (Nanwof the parson or firm claiming the stop nolioe. Licensed Contractors must use the risme under Which Contractors license is issued) Whose Address is 15100 E. Nelson Ave., City of Industry, CA 91744 (Address of person or fine claiming stop notice) has supplied traffic signal poles to Inspection Engineering Construction located @ 2973 Harbor Blvd., #516, Costa Mesa, CA 92626 for the following locations: Various Locations (Union/Wilshire/Yale) (Name and location of the profact where Work ar malenals were furnished) The labor and materials furnished by claimant are of the following general kind.- Street ind:Street Light Poles (Kind of Labor services, equipment, or maienals furnished or agreed to be furnished by Gaimant) Total value of the whole amount of labor and materials agreed to be furnished is: ......... $12,000.00 The value of the labor and materials furnished to date is: ............................................... $12,000.00 Claimant has been paid the sum of: ................................................................................ $ 0.00 and there is due, owing and unpaid the sum of: .............................................................. $12,000.00 You are required to set aside sufficient funds to satisfy this claim with interest, court costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your hands. INTER -OFFICE MEMORANDUM DATE: September 17, 2002 TO: Project File for Traffic Signal Improvement Project at the Intersections of Diamond Bar Boulevard/Clear Creek Canyon Drive, Diamond Bar BoulevardlSilverhawk Drive, Golden Springs Drive/Sylvan Glen Road, and Diamond Bar Boulevard/SR 57 Northbound On Ramp FROM: David G. Liu, Director of Public Works RE: Addendum to Inter -Office Memorandum dated September 12, 2002 Qualifications of Inspection Engineering Construction (IEC) Additional information obtained from the files of the City of Walnut: • Notice to Contractor dated June 6, 2000 by Walters Wholesale Electric • Stop Notice dated July 14, 2000 by Signal Installation and Repair, Inc. • Letter dated October 31, 2000 by Robertson's ?vd&W I Wholesale Electric Co. 2825 Temple Ave, Signal FM CA 90806 • (562) 988-3100 . (562) 988-3190 (NINETY (90) DAY P[IBLIC WORKS PRELIMINARY BOND NOTICE TO PRIME CON AS PROVIDED FOR IN SECTION 3091 OF THE CALIFORNIA CIVIL CODE To: (Name and address of Prime Contractor) You are hereby notified that At 14&C4 zl-0-. _ (Name of person or firm furnishing lam serAses,r ui}awnt or material) dj—c x A q0 q10 & / Address has furnished labor, services, equipment or material of the following general description: services equipment or material) I(Furnished or to be fiunished) for the building, structure or other work of ingprovement located at: or descripf on of -job site suffici&k for identification) The name of the person or firm wh ntracted for the pur a e of Iabor, services, equipment or material is: -(Namig and add-= of person or firm) The amount of the claim is $ Date Name 02j ��3�� ELEVEN LOCATIONS: - COMPTON - ANA -WESTMINSTER - At"EIM - EL SEGUNDO - CERRITOS - COSTA MESA - TORFUME - LONG BEACH - AL} WOW - FU tERTON Jul e� Uu ul:5�jp l.1ty of Walnut Lamm SVCS ksot3i aja-Z�eUS F.2 STOP NOTICE -LE,GALITOTICE TO WITHHOLD CONSTRUCTION FUNDS (PubHt or Private Work) - (Per California Civil Code Section 3103) To:—City of Walnut Project:jtalnut Cyntnasium offsite TIS Improvetnen IJiyv. N Yrar>r coov.u`.. ,red Yols:rJ (N.0 2120 La Puente Rd. City of Walnut rJ.. Ir dvP w:.o ltuY aa.reP-aJ YmnUC.v.0 J. a' lWtl.i�4.17 IAautu7 Wa.µru3nut CA 91789 toy, slw. w Lal tcw.. sus re. r-nJ TAKF NW[CF THAT Signal InstallgItion & Repair, Inc. IN -1k pu----'-..'-j-L::--w nrr er .ar_wu'�w:r. varl:vr.t4:a.e r. r..r-il whose address is 16516 Arminta 5t . , Van Nuys, CA 91406 '*' -. a p„v a a—'"' nm —'- has performed labor and furnished materials for a work of improvement described as follows: Walnut Qymnasium Offsite T1S_ prQvements 4'uva ed Iraur..s Jr ;..w., rlwe v.A w wud.a4, ..-. w-•4re! The labor and materials furnished by claimant arc of the following general kind: Installation of inductive loop detectors _. (C.— tea . u 1. ..mleu. Ly-pr.n a mww.rl. +Ped. w h k -k) The labor and materials furnished to or for the following party: TncP'-c_riQ,n Fnsj,tr rrtion fM-nr u N.y .4. ordain •Je -wY s-rr,.ry Total value of the whole amount of labor and materials agreed to be furnished is: ................. $ 7 The value of the labor and materials furnished to date is: ......... ­ ........................................... r. S 71270-00 Claimant has been paid the sum of . .......................... -............................................................. $ And there is due, owing and unpaid the sum o,E...................................................................... $ 3, 635.0 You arc required to se[ aside sufficient funds to satisfy this claim with interest, coun costs and reasonable costs of litigation. as provided by law. You are also notified that claimant claims an equitable lien aonst any construction funds for this project which are in your hands. Firm Name Signal Installation & Repair, Inc. By L '12 . )'ywr ausuNoHEAT u0 —Pe oan aeon_ Preinnr YYIrJ VERIFICATION I, the undersigned, say; I am the President the claimant named in I I..W W. In— Mme.'.S- the foregoing Stop Notice; I have road said Stop Notice and knew the contents thereof-, the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on JL11-y 14 k9(7moa, Vin Nu.rc California I.r.s:= .�„ dlee re.+asr...x.sd1 lrvwnr ,ijutec vl - —A. d •Ir u ..uxir .4r 1r..nee-. er Yc Stip Noeir �.. Jncl REQUEST FOR NOTICE OF ELECTION (Private Works Only) - (Per California Civil Code Section 3159, 3161 or 3262) If an election is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such electiun and a copy of the bond within 30 days of such election in the enclosed preaddressnd +tamped envelope. `Chis information must be provided by you under Civil Code Sections 3159, 3161 or 3162. ' Signed [CIa"... WWII-- SEL WII-- SEL REVERSE SIDE FORADDITIONAL INFORMATION Forth 211 • Q f 996 Bs: BUILDER'S B([)K. LNC. • 8001 Caniwa Ave_ -Canova Park_ CA 9 t 3 [7A • f R 137 337-7823 . Tnl1 Frr_r IR[Y 7[ ?7 ;_7175 . ra v rn t v) Q��_7a�n u ROBErRTSONFS ROCK ■ SAND • BASE MATERfALS READY MIX CONCRETE 10/31/00 CITY OF WALNUT 3985 LEMON CREEK DR ##E WALNUT CA To All Concerned Parties: This is to advise you that we have not been paid for materials supplied to: Contractor: INSPECTION ENGINEERING CO Job Address: LA PUENTE/GARTEL WALNUT We must have the outstanding balance of $ 383.60 on or before 11/15/00. If the payment has not been received we will be forced to file a stop notice against this project. Sincerely, VIC, EXTENSION 263 Credit Department CC: INSPECTION ENGINEERING CO JCN: 53501 6830 Van Buren Blvd. • Riverside, CA 92509 P.O. Box 33140 Riverside, CA 92519 (909) 685-2700 • Fax (909) 685-8371 INTER -OFFICE MEMORANDUM DATE: September 12, 2002 TO: Project File for Traffic Signal Improvement Project at the Intersections of Diamond Bar Boulevard/Clear Creek Canyon Drive, Diamond Bar Boulevard/Silverhawk Drive, Golden Springs Drive/Sylvan Glen Road, and Diamond Bar oulevard/SR 57 Northbound On Ramp FROM: David G. Liu, Director of Public Works RE: Qualifications of Inspection Engineering Construction (IEC) List of contents enclosed regarding documents from the files of the following cities: Citv of Fountain Valley • Daily Construction Report dated September 7, 2001 by Willdan • Daily Construction Report dated September 25, 2001 by Willdan • Memorandum dated September 25, 2001 by Ken Reggins of Willdan • Letter dated September 27, 2001 by City of Fountain Valley • Letter dated October 1, 2001 by City of Fountain Valley • Daily Construction Report dated October 15, 2001 by Willdan • Notice of Noncompliance dated October 15, 2001 by City of Fountain Valley • Letter dated October 15, 2001 by Inspection Engineering Construction • Letter dated October 17, 2001 by Inspection Engineering Construction • Notice of Noncompliance dated October 24, 2001 by City of Fountain Valley • Daily Construction Report dated October 24, 2001 by Willdan • Notice of Noncompliance dated October 30, 2001 by City of Fountain Valley • Letter dated October 30, 2001 by Inspection Engineering Construction • Weekly Statement of Working Days November 5 to 9, 2001 by City of Fountain Valley • Daily Construction Report dated November 13 to 16, 2001 by Willdan • Weekly Statement of Working Days dated November 12 to 16, 2001 by City of Fountain Valley • Notice of Noncompliance dated November 13, 2001 by City of Fountain Valley • Notice of Noncompliance dated November 13, 2001 by City of Fountain Valley • Weekly Statement of Working Days dated November 19 to 23, 2001 by City of Fountain Valley • Daily Inspection Report dated November 27, 2001 by Willdan • Letter dated December 5, 2001 by Inspection Engineering Construction • Letter dated December 5, 2001 by Inspection Engineering Construction • Transcription of Meeting dated December 6, 2001 • Stop Notice dated December 17, 2001 by B&T Works, Inc. Page 2 ' Qualifications of Inspection Engineering Construction (IEC) City of Fountain Valley (continue) • Letter dated December 21, 2001 by City of Fountain Valley • Notice of Noncompliance dated December 26, 2001 by City of Fountain Valley • Daily Construction Report dated December 26, 2001 by Willdan • Stop Notice dated January 11, 2002 by Vulcan Materials • Letter dated January 23, 2002 by City of Fountain Valley • Daily Construction Report dated February 11, 2002 by Willdan • Stop Notice dated February 12, 2002 by Orange County Striping Service, Inc. • Stop Notice dated February 13, 2002 by B&T Works, Inc. • Letter dated February 14, 2002 by City of Fountain Valley • Letter dated February 15, 2002 by City of Fountain Valley • Daily Construction Report dated February 28, 2002 by Willdan • Public Works Lien and Claim of Payment Bond dated March 1, 2002 by JTB Supply Company • Letter dated March 6, 2002 by City of Fountain Valley • California Preliminary Notice dated March 12, 2002 by Robertson's Ready Mix Concrete • Daily Construction Report dated March 19, 2002 by Willdan • Letter dated March 27, 2002 by City of Fountain Valley • Stop Notice dated March 27, 2002 by Gary Steele DBA Industrial System Services • Letter dated March 27, 2001 by City of Fountain Valley • Letter dated April 1, 2002 by City of Fountain Valley • Letter dated April 2, 2002 by Inspection Engineering Construction • Meeting Minutes dated April 3, 2002 • Letter dated April 15, 2002 by Penhall Company • Notice to Principal and Surety on Payment Bond on Public Work dated April 15, 2002 by Penhall Company • Stop Notice dated April 15, 2002 by Penhall Company • Letter dated April 17, 2002 by City of Fountain Valley • Letter dated May 10, 2002 by Gibbs, Giden, Locher and Turner LLP • Stop Notice dated May 21, 2002 by Waiters Wholesale Electric • Letter dated May 22, 2002 by Inspection Engineering Construction • Memorandum dated May 28, 2002 by City of Fountain Valley- City Attorney's Office • Answer of Defendant (Case No. 02WL2820) by Fountain Valley City Attorney • Cross -Complaint In Interpleader (Case No. 02WL2820) by Fountain Valley City Attorney • Stop Notices Record • Complaint for Money (Case No. 02WL2S20) by Gibbs, Giden, Locher and Turner LLP • Letter dated May 31, 2002 by City of Fountain Valley • Council Action Request dated June 4, 2002 • Memorandum dated June 10, 2002 by City of Fountain Valley- City Attorney's Office • Stop Notices Record • Stop Notices Record transmitted August 13, 2002 from the City of Fountain Valley to the City of Diamond Bar Citv of Huntington Beach • Construction Inspection Reports (February 19, 2002 to September 3, 2002) by City of Huntington Beach • Letter dated June 5, 2002 by Comprehensive Housing Services, Inc. • Letter dated June 12, 2002 by Comprehensive Housing Services, Inc. Page 3 Qualifications of Inspection Engineering Construction (IEC) City of Orange • California Preliminary 20 -Day Notice mail dated May 7, 2001 by Loop Masters, Inc. • Stop Notice dated May 10, 2001 by Loop Masters, Inc. • Letter dated June 21, 2001 by City of Orange • Letter dated June 22, 2001 by Inspection Engineering Construction • Stop Notice dated August 28, 2001 by Canon Coating Company, Inc. • Letter dated August 30, 2001 by City of Orange • Stop Notice dated September 17, 2001 by Loop Masters, Inc. • Letter dated September 21, 2002 by City of Orange • Stop Notice dated October 15, 2001 by Lowell Baker's Striping Service • Letter dated November 5, 2001 by City of Orange • Release of Stop Notice dated November 12, 2001 by Loop Masters, Inc. • Letter dated February 7, 2002 by Inspection Engineering Construction • Memorandum dated February 8, 2002 by City of Orange • Email dated August 20, 2002 by City of Diamond Bar • Facsimile transmittal dated August 20, 2002 by City of Orange Citv of Walnut • Walnut Housing Authority Agenda Report dated December 12, 2001 • Meeting Minutes dated December 12, 2001 4, ) LM WILLDAN Serving Agencies Public A n ies DAILY CONSTRUCTION REPORT WEATHER PROJECT s► � ) 4k t-- S.IM '�'✓t L1' TEMP JOB NO. �1 N6 - 'ovo - r WIND CLIENT ou AI 1 Y3 ► U! lC CONTRACTOR Zr- C- HUMIDITY PROJECT MANAGER Tow of w f3 J DATE:_ DAY: s M T w s BRITS SUN CLEAR OVERCAST RAIN crow TO u 3240 W-70 TD -Bb as up Stay App NIGH Ragas No. DRY MOD HUMD AVERAGE FIELD FORCE Name of Contractor Non -manual Manual Remarks VISITORS Time Representing Representing Remarks EQUIPMENT AT THE SITE CONSTRUCTION ACTIVITIES a BY �''�' TITLE SR.PWI '`P'106-15Mte�e K1Consbuctnn Observation Forms.wpp (j ) It W1 ! LLDAN Public Serving P uia G Agencies DAILY CONSTRUCTION REPORT WEATHER PROJECT TR.v� t� N_►k L Slit � /' TEMP - JOB NO. 1116 -too-0-11p/ 046 WIND CLIENT FoQW114tvJ Njil,4 CONTRACTOR C. HUMIDITYPROJECT MANAGER ow 19WIRMd DATE j DAY: I s I M Kw I TH I F I S BRME SuN CLEAR OVERCAST RAIN wror TO 32 32-0 5070 Time 6S UP 3Tt1L Aac;k HIGH Rapat No. 2 1 aR, UWA HU -D 1 AVERAGE FIELD FORCE Name or Contractor Non -manual Manual Remarks VISITORS Time Representing Representing Remarks EQUIPMENT AT THE SITE CONSTRUCTION ACTIVITIES c_ CryOLIT TC �. 'T �L :,) L BY Lc ti� TITLE SR.k��Js 'P 50F.1501Steve KIConsvuewn observation Forms.wpd MEMORANDUM To From S Fxt . Will oy'WA-i' t wi !S � �k fin► ��t Vin C. 1 , -h� Slur ruE 2!�� t+r-, c sem. 7i , j ��� U 111 J$' y i�'�SL•Lyt� LC�U�L�- p-��Y J4 rY1 cK��- l�t.� cvL J-L�- ke,,j2y-- CITY OF FOUNTAIN VALLEY 1020.0 SLATER AVENUE • FOUNTAIN VALLEY. CA 0270S•4716 • (714) 51)7-4400, FAV 171{) i0144ag September 27, 2001 Mr. Jamal Deaifi inspection Engineering Construction T12796 P.O. Box 8941 C Newport Beach, CA 92658 SUBJECT: V WIDE MEDIAN ISLANDS ON MAGNOLA AT ELLIS Dear Jamal: The City Engineer, Mark Lewis, and I conducted a field inspection of the median islands on Magnolia Street at Ellis Avenue. it was determined that the one foot (1) median island noses on the north and south legs are not acceptable. Please remove the one foot (T) median island noses on the north and south legs of Magnolia Street at Ellis Avenue. Prior to pouring the medians, contact Rich Renna, City Inspector, 24 hours in advance at (714) 328-9904 for approval of the forms or any questions regarding these medians. If you have any questions, please feel free to telephone me at (714) 593-4517. Very truly yours, CITY OF FOUNTAIN VALLEY ,f J&e Air y AAsociate EnQmeer V JA is C- Director of Public Works, Bill Ault City Engineer, Mark Lewis Public Works Inspector, Rich Renna Contract Inspector, Kenny Riggins October 1, 2001 Mr. Jamai Demi Inspection Engineering Construction P.O. Box 8941 Newport Beach, CA 92658 SUBJECT: V WIDE MEDIAN ISLANDS ON MAGNOLA AT ELLIS Dear Jamal: TI2796 C The City Engineer, Mark Lewis, and I conducted a field inspection of the median islands on Magnolia Street at Ellis Avenue. It was determined that the one foot (1) median island noses on the north and south legs are not acceptable. The sides of the medians vary too much in width and the tops are wavy along the entire length. As stated in the letter dated September 28, 2001, remove the one foot (1) median island noses on the north and south legs cf Magnolia Street at Ellis Avenue. Prior to pouring the medians, contact Rich Renna, City Inspector, 24 hours in advance at (714) 328-9904 for approval of the forms or any questions regarding these medians. If you have any questions, please feel free to telephone me at (714) 5934517. Very truly yours, CITY OF FOUNTAIN VALLEY -7 wdz� jeAkre iate Engineer JA/j a cc Director of Public Works, Bill Ault City Engineer, Marie Lewis Public Works Inspector, Rich Renna Contract Inspector, Kenny Riggins WILLDAN ASSOCIATES DAILY CONSTRUCTION REPORT 1 J�J ENGINEERS AND PLANNER5 DATE: Io • (S *0 � FOX WORK5 DIV151ON DAY: s T wTH F s WEATHER PROJECT -rgACVir.16"X t rr. { Rp EmE►I tom'. TEMP JOB NO. 1146 -&--WIND CLIENT LtTq of Vcu"ra r z t.14u�iy - - HUMlDrrY CONTRACTOR � HUMr PROJECT MANAGER == MoitPw4 BRrrE SUN CLEAR OVERCAST RAIN scow TO 32 32:50 50.70 7 e5 UP STILL L14ge HIGH R.aart No. 35 DRY MOD I HUMID AVERAGE FIELD FORCE Name of Contractor Non -manual Manual Remarks It Viei VISITORS _J Time Representing �t C��� Representing� Remarks ti6'.60 G.� 'mal• � EQUIPMENT Viei _J w YX City of Fountain Valley Department of Public Works NOTICE OF NONCOMPLIANCE Project/Permit No. - 1 011407 Date: lDtSki I To: =C -G_ ; SoY,,,Q.at . From: City of Fountain Valley Subject: U Reference: Sector, 6-1 f4m2mzhq - C rv_Ar� NONCOMPLIANCE CONOfTION: l -b rto* +rb v 4P ;5� 40 pSa- ��•�-� a CL wcs . \� ��..a S � LQ,.� �-.•1-� overs ��,�r-C r`L� rte# �-►.r,..�.a ht -5:-Vs d Prepared by:=Cc" Ate— Page_�_Of k FROM : IEC FAX NO. : 7144347719 Oct. 17 2801 11:21AM PS 10/15/01 ,lose Alire, P.E. City of Founuda Valley 10200 Slater Ave Fountain Valley, Ca 92708 Reference: I Jpdate the emergency numbers. Subject: Project Team Members Dear Jose: As the city requested, 24 -Hour Emergency Numbers are: Proiect Manager & Superintendent Jamal Deaifi Forman Jose Vega 24Hours Numbers 714-240-9272 Contacts after Hours 714-434-7719 If you have any question please contact me at 714-240-9272 Inspection Engineering Construction JAMAL DEAIFI 2973 Harbor Stud. Suit M 516. Costa Mesa, Co 92636 (714)-285-6965. Fax (714)-434-7719 License N 767793 rKal . ict FAX NO. : 7144347719 Oct. 16 2001 03:34PM P1 10/17/01 Jose Alire, P.E. City of Fountain Valley 10200 Slater Ave Fountain Valley, Ca 92709 Reference: Traffic Signal Modification Project # T12796 - Subject: Respond to your Letter dated September 11,2001. Dcar Jose: As you know the intersection of Slater and Euclid is a Havey traveled intersection because of all the construction at that location, IEC recommended to the city not to install the temporary wiring to avoid all the Havey traffic and to keep the traffic flow smooth, for IF -C to install the overhead wires we have to close a line closure for both direction, and that wiLi reflect on the traffic flow. On the other hand IEC did install the new wiring for that location without the overhead, but the time for the labor to do so was the some if not more to install the overhead, for that reason IEC will like to get paid only for the labor time only (S2000.00) fnr that bid item. We apolopzed for not responding back to your letter, that because we did not receive youi Icrter on time because we cbanged our address to. 2973 Harbor Blvd #516 Costa Mcsa, Ca 92626 If you have any question please contact me at 714-240-9272 Inspection Engineering Construction JAMAL DFAlFI 2973 Harbnr Blvd. Suit M 516, Costa Mesa, Ca 92626 (714)-285-6965. Fax (714)'4347714 License 0 767793 City of Fountain Valley Department of Public Works J NOTICE OF • • To: From: City of Fountain valley NONCOMPLIANCE . . 16.11111 hz�- a.�fi ig� A w t r.[ 1 11�. I; 1\• � •■ ►•US INSE1070"R -d MA, 1rw, r * ST&WAT-1112 ;67,01-0 Owl 221. OM I/" WILLDAN ASSOCIATESDA{LY CONSTRUCTION -REPORT ENGINEERS AND PLANNERS DATE: t a - 24 ° 01 PUBLIC WORK5 DIV1510N WEATHER PROJECT mac- &0✓C,y.e4sTEMp JOS NO. %WIND CLIENT CONTRACTOR HUMIDITY PROJECT MANAGER Tmr., ft%Ljr--n �. =BE9a©Odi BR(TE SUN AVERAGE CLEAR OVERCAST RAIN anor 7032 M.50 50.70 7645 0.SUP STILL Moa HIGH Repvr No. Z +2— DRY Moo HUMIC AVERAGE FIELD FORCE Name of Contractor l EL Non -manual E Manual 2 Remarks VISITORS Time Representing Representing Remarks EQUIPMENT � _► tsa _ • �flll , CONSTRUCTION tillr.t -4r, 1.1L..w N iw M _ •�rf� • 8iL • •' • S • r City of Fountain Valley Department of Public Works NOTICE OF NONCOMPLIANCE Pr*cUPerrnit No. Tor m A 4t-, -. 'Sa two -k 0eA(-C i From: City of Fountain Valley 2813 ' Oajt of �r4, M 51(0 Fa�C- r y TI Iq testa Irh cel , Cu - q2 -G -2 -G ori UMCE CONOmoN: Ftt, a ct\-:1�2ta Cr f-1 ` ) 5 _ r ' 3r--ux r r �i tcl T Oron•a.ail F�..• � !! �.�� i %lR��� Inspection Engineering Construction 10/30/01 Lynn Sweigard Retail Manager Pacific Decorating Centers 9520 Talbert Ave Fountain Valley, Ca 92708 Reference: Traffic Signal Modification at Talbert & Bushard. Subject: Digging in privet Property. Dear Sweigard: IEC will like to get your permission to be able to dig in your privet property for approximate 50 ft, we will remove almost 50 ft by lft wide of the grace area, we will install 2" PVC conduit under the curb, from the controller cabinet at the corner of Taloert r •. 11 and Bushard to the power pole, the conduit will be installed in the city wriieway, IE� will be responsible to restore all the removable area to the same condition, we will take care of all the extra charges that may occur from your landscaping contractor to restore the area to vour satisfaction. If you have any question please call at 714-240-9272. Sincerer Jamal Deaifi I.E.0 J -- . -----Y ------ — - — ------- — - — Lynn. ------------------ Lynn Sweigard Pacific Decorating Centers 2775 Mesa verde Drive East. Suit M 103, Costa Mesa, Ca 92626 (714)-285-6965. Far (714)-434-7719 License ff 767793 DEPARTMENT OF PUBLIC WORKS l WEEKLY STATEMENT OF WORKING DAYS PROLECT N0 101 REPORT NO. PREPARED Htr__ tnw Ta Sffe - - Contractor. The following statement shows the number of working dogs charged to your contract for the week ending 01 DATE DAY we~. wadoor Cana. or olAer tuna. (t� 1) ow Marr-wortinp _pays Co,;W byave VA~ W-WVV Dep "a Vwk Darty on rlwas -S-o 1 1dfON. Gtr- n ^ -OI TUE, t a . -t1 WED. i COMourrION or CCIDO a "TE ran COMPLEnat ft -w— 01 K R M (trots sy 1. Stoll o1 Cnr*trw0;*n Dote . . . . . . it-tt-oll FRI. N I Camputw Data rar carnpwion . . . . . . I 4. Tota tine eetewsion dw" agipe- to date �s�r (MO plat au w) . . . . . . . . . Days this week .. .. .. . . Days previously reported ... .. .. .. . .34 Total days to date ... .. .. .. . .51 112 0. Sem Tatar (Ww 4 pha arra S) TIME EXTENSIONS mmd O°° "'R"bDow Aww c co saw (Now 3) Days this week Days previously reported_..✓ Total days to date . COMourrION or CCIDO a "TE ran COMPLEnat ft -w— Da or Dates (trots sy 1. Stoll o1 Cnr*trw0;*n Dote . . . . . . 2 Ma tev beryl sper:3rro In Coretrae I Camputw Data rar carnpwion . . . . . . `%�.W 4. Tota tine eetewsion dw" agipe- to date �s�r (MO plat au w) . . . . . . . . . S Trim--ro'iaq pot's to dab (Mote 4) 0. Sem Tatar (Ww 4 pha arra S) 7. Extended [bta forkhan CanO a --`ear -- — (4" 3 plug ran a) . . .. ... a Rwraad world g days war eonVoct (&,. 2 pias fa. 4) C Totd wort:lnq days U data . . . . . . - ,o. worldetq Dors Ren.deing (r.,a a erd..n Yes e) Con trolling Remarks: r e . �. APPROVED 6Y� _ - CITY ENGINEER The Contractor will allowed fifteen (15) days in which to protest in writing the correction of a statement; otherwise the statement shotl be deemed to hove been accepted by the contractor os correct. WILLDAN AS4PLANNERS DAILY CONSTRUCTION REPORT Aju ENGINEERS ANDATE: -� t1•ib•af f U15LIC WORKS DIDAY: I s M s WEATHER PROJECT -4k e S T TEMP JOB N0. it t4ife WIND CLIENT C C F CONTRACTOR xcZ- HumlblTY PROJECT MANAGER Tenn BARE SUN CLEAR OVERCAST RAMI snow TO 32 33.50 50.70 76 -Gs es tip STILL Moo HIGH Repon No. ORY MOO I HUMID AVERAGE FIELD FORCE Name of Contractor C. Non -manual Manual Remarks VISITORS Time Representing Representing Remarks EQUIPMENT AT THE SITE CONSTRUCTION ACTIVITIES BY TITL P-106.150L$teve Monstrucbon Observation Forms,wp0 CITY .OF FOUNTAIN VALLEY DEPARTMENT OF PUBLIC WORKS WEEKLY STATEMENT OF WORKING DAYS PRwEci NO_T_tZ2.A(:Z1 REPORT NO. 13 PREPARED BY:., ?�F� .1'r LAS` ME To_ =L, Contractor. The following statement shows the number of working days chorged to your contract for the week ending i i ` i Co _ r Qt_ DATE DAY Weaber. Mreofller Certs. ar Olita Catt0. (tt>ape 1) 1Martdnq oar DUMP Nwemttlartorq No Work 00y0 Dente an ftund by � "� Weather (NoU _) t ► 1'2•01 MON. HD 1• •o TUE. IL 1 a • of WED. w COWPLJrATTON OF CMNDED DATE FOR CDMPLrnoN M'of DWIt"Note d� • of THUR. u M O j t ZD_ fRI. u 1+ t 4 Iota[ tune cwtension Goya appewed to date (CCO Oul other) . . . . . . . . — -- Days this week .. .. Days previously reported ... .. .. . Total days to date _ .. . 1 Tatd non--.ort-ng Boys to dale (Nab 4) S 4. Sub iota lens to !tree 5 . . . . . . ( a ) TIME EXTENSIONS "'�'�' r+el• 3) oma. �"` 000 out.. Days this week . . . . . . . . Days previously reported . . Total days to date . COWPLJrATTON OF CMNDED DATE FOR CDMPLrnoN M'of DWIt"Note d� [WE i sure of comtruetion Date - - -- — - _ _ O j ] wae"N days weer d in Contra" ZD_ - 1 Computed Oats For Can%pl"on . . . . . 2, , -4 4 Iota[ tune cwtension Goya appewed to date (CCO Oul other) . . . . . . . . — -- _ ---:_-- _-- —_-- 1 Tatd non--.ort-ng Boys to dale (Nab 4) -- — —_ 4. Sub iota lens to !tree 5 . . . . . . ( a ) - -- - _ _ b - 7. LA e f Dale For com pk6on - - - - . - - _ - - - - - - _ - - — - (Tne 3 plus line 6) . . . . . . . . 'c -- I _ —_- _ _ _ e Re -mad oeFiung dogs for contract t� 2 ine 4 ( ptu ) . . . . . . . . = — — - �'� - -. - - - - - - _ _ - _ T- np dvye D olid carred to b da . . . . . . _ - - __ _ _ - _ - 1 a trori Remain; ne a e"W" flat s- - - - - M-7:4.*'." - " - Controlling Operation(s) �}rXOkOr ngt QM St44 Sen�' ��-� Remorks: ndj1Zf S o ma)',- LOr"► ok La. -ace- M:_ �! t► s b } APPROVED BY- � _ CITY ENGINEER The Contractor will be allowed fifteen (15) days in which to protest in writing the correction of the statement; otherwise the statement shall be deemed to tn„vP t1PPn nr'r'P-nfPei by the contractor as correct. cf • � � City of Founi' i' alley Department of Public Works NOTICE OF NONCOMPLIANCE Project/Permit No. Date: I i LIS I d To: =EC, _ -Sarv,a j zc T 3�Aa r b a -v- 6 (lra 5a c }•e C.D sta McSA , CG • 'A u 2-i6 From: City of Fountain Valley rn,5) 6 VA - 2 1 I Subject: j0. -fie 55 Q ui nal u--� Reference: rv\A `kq efuk%S NONCOMPLIANCE CONDITION: LD I L`i O I tt- he Sir12 Srned�s a locus r -SVC- C—+t h rne�it Q v-% Sh L t n Cry -)QAA Ila 4� h ovr5 S chi t,� '�r O y 9 �r.q'nw'r'on�nt `t Y. t C i rJ� b �1 h 1s / City of Fountain Valley Department of Public Works NOTICE OF NONCOMPLIANCE Project/Permit No. i1� �. bate: To: Tom, iat Zq'13 }pari ' 1vd czsrtq • Su 1•� From: City of Fountain Valley M51(, 76- 214- 143-4- -7212 Subject:rLb�Y1V t-Sf Von 1" Reference: rne-rr�o o zy 101 NONCOMPLIANCE CONDITION: *4-*- :Z -qt!" O"F 0&1 tr.v n -..r [r�-IirY•+ . s loe-e� 4e lrlovrs �r �S �o vJ Caw► -crews Prepared by: ^— Page ) of CITY .O F FOUNTAIN VALLEY DEPARTMENT OF PUBLIC WORKS WEEKLY STATEMENT OF WORKING DAYS PROJECT NOT 12� Q r REPORT NO. PREPARED BY:_ D_ T0—'! FL Contractor. The following statement shows the number of .corking days charged to your contract for the week ending s ' 15 - . —C,11— DATE DAY ttYatll.r,'�.°""' `°"°. or Dow Coad. (Mot. 1) IMortd� oar Nft--"rtg Dow celerd br Mkdtn.r Working Dor No work Derr do d - (kat. 2) MON. Total days to date . CD+ PVrATKW OF MD"D DATE FOR COMMON 20.01 WE. GTE I- Start of Conxbvc4on Dots . - = - - - _- 7,7 1 • WED. D.ar - -= ..^ - .. '--- (- 1- l HUR 1.- ♦. Total time eAMS'Mn do" agprvred to dote (CCD plus ether) . . . . . . . . TqW m+vortoaq days to ddt. (Noh 4) _- _ ?rz.�S{s7:sa�sw$' » — =_ =a — _ _ _ _ _ a Sub Tatol (Ira 4 plus Ww 5) . . . . . u u - - I i i f i Epi •i-- - ' - --- - - -- - — — -- _ - a one 3 plus fns 5) . . . . . . . . — - — ' _ _- - -_ - - _ _ Days this week .. .. .. Days previously reported ... .. .. .. Total days to dote . _ .. .. . ti a One 2 us ins ( a ) 1 aD .- - - - _ a.. _ _ _ - _ _ _ _ _ 10 Marti.ng Doys Renvoirrng (raw a minus lin. O) - TIME EXTENSIONS con *,""a a (tom,.3) oat. Appr*W t auw Days this week . . . . . . Days previously reported Total days to date . CD+ PVrATKW OF MD"D DATE FOR COMMON " � Nwn— 3)ow GTE I- Start of Conxbvc4on Dots . - = - - - _- 7,7 •� Z working daps spseiraW in contract - -= ..^ - .. '--- 1 C�rnputed not. car Can+plstien . _ _ -- - _ _ _ ♦. Total time eAMS'Mn do" agprvred to dote (CCD plus ether) . . . . . . . . TqW m+vortoaq days to ddt. (Noh 4) _- _ ?rz.�S{s7:sa�sw$' » — =_ =a — _ _ _ _ _ a Sub Tatol (Ira 4 plus Ww 5) . . . . . - - 7. Extended Do4c for I-tk t m0 i i f i Epi •i-- - ' - --- - - -- - — — -- _ - a one 3 plus fns 5) . . . . . . . . — - — ' _ _- - -_ - - _ _ a Fw zsa .arki for contract "g d%a ti a One 2 us ins ( a ) 1 aD .- - - - _ B. Tota worIUN �+ to dot• . . . . . . _ _ _ - _ _ _ _ _ 10 Marti.ng Doys Renvoirrng (raw a minus lin. O) - Controlling Operation Remarks: a APPROVED BY- ` . M ENGINEER The Contractor wile allowed fifteen (15) days in which to protest in writing the correction of the statement. otherwise the statement shall be deemed to have been accepted by the contractor as correct. WILLDAN ASSOCIATES DAILY CONSTRUCTION REPORT ENGINEERS AND PLANNERS DATE: it . Ln • p t PUSLIC WORKS DIV1510N ) DAY: L M 1 w j F" IF is WEATHER PROJECT TQAMI rl bQAA,- 1t►+Ydbt r'+s' _ TEMP JOB NO._ k l�� WIND CLIENT C�of- r. .n--- - CONTRACTOR MEL- HUMIDITY PROJECT MANAGER r MITE SUN CLlJiii OVERCAST FWN srww TO 72 3350 7Od5 a5 LP STILL Moo NIGH R40W No. SZ. DRY MOD HWID AVERAGE FIELD FORCE Name of Contractor :!c FG Non -manual Manual 4- Remarks L-115101 Jose Alire, PX. City of Fountain Valley 10200 Slater Ave Fountain Valley, Ca 92708 Reference: Traffic Signal Modification Project # T12796. Subject: Request for change order, installing / welding new tenons. CCO#I I. Dear Jose: The intend of this letter is to let you know that IEC did not bid this job with the intend of installing new tenons or new brackets, the planes show the new 5 section heads to be installed between the existing tenon, its never mentioned in the specification haw this could be done in what method, IEC assume that the city will install the tenon or supply LL+ with new brackets for installing the new heads. IEC will charge the city for 4 days to instal! the tenon at 6 intersection only. Description Hour Rate Total Subtotal Jose $38.00 $304.00 $1216,00 Mario $28.00 5224.00 $696.00 Juan $28.00 S224.00 $896.00 Welder $50.00 $400.00 $1,600.00 Total with 20% Markup 55,529.6 Traffic Control $250.00 $250.00 51,000.00 Basket Truck $31.25 $250.00 51.00O.GO Utility Truck 518.75 S150.OD $600.00 Total with 15% Markup S2,990.00 Grand Total for 6 intersection 58,519.6 If you have any question please call at 714-240-9272. Sincerely Jamal Deaifi LE.0 2775 Mesa Verde Drive Essi. Suit M 103, Costs Mess, Ca 92626 (714)-J8S-6%5. Fax (714)-434-7719 License 0 767793 1?/5/01 Jose Alin, P.E- City of Fountain Valley 10200 Slater Ave Fountain Valley. Ca 92708 Reference: Traffic Signal Modification Project # T12796. Subject: Request for change order, installing Lingo terminal Box at a different height. CCO #10. Dear Jose: The intend of this letter is to let you know that IEC did not bid this job with new measurement that been given to us at the field for installing the Lingo boxes, It will take IEC an extra day per each intersection to install the Lingo Boxes at the new heights, there is no were on the planes or the specifications these dimensions, IEC bid the job at the normal heights for the Lingo boxes like the rest of the boxes at other intersections at the city. IEC will charge the city for 6 extra days only for our crew and equipment and traffic control. PROJECT T12796 TRANSCRIPTION OF MEETING WITH I.E.C. DECEMBER 6, 2001 10:00 AM In attendance: Jose Alire, Associate Engineer Jamal Dealt Contractor, I,E.C. Tom Murphy, Inspector Keith Laster, Inspector Jann Zara, Division Secretary Jose Afire opened the meeting at 10:00 a.m. with the following items for discussion: 1. CC0010 Installina Unoo Terminal Boxes Mr. Afire told Mr. Deaif that the City of Fountain Valley was denying the request by I.E.C. for additional payment. Mr. Afire said on each and everyjob and for each and every intersection, we have a separate line item, which is line item 11 and which the engineer's estimate was $5,000. The intersections are: Slater at Ward, lump sum price of $17,877.60; Newhope at Warner, lump sum prim $21,679.20; Euclid at Slater, lump sum price $17,460,00 and that is to just name a few. The City put that as a separate line item knowing that these lingo boxes were a little more expensive than the standard SU heads and might require extra labor on installation. Mr. Afire said the contractor was aware of that and was also aware that they had to be mounted a little differently. There were three holes to be drilled versus two holes to get the cable in. So I.E.C. requested a grand total of six working days at $8,864.40. Mr. Deaif replied yes. definitely. First of all, when I.E.C. bid the job we bid the lingo boxes at the normal height like the rest of the City's lingo terminal voxes. He said I.E.C. has never been supplied with any dimensions, nor was there any specific dimensions submitted in the specs regarding those heights. After I.E.G. started installing them the City provided us with a different height that nobody was aware of. This is when I Changed by schedule, my working hours, and my labor. This is the only thing f am asking for. Tom Murphy asked what the different heights were. Mr. Deaif said we were going to restore at 6 or 7 feet, now we are starting at 12 feet_ My laborer cannot do it with a ladder, to go up like we did. I could finish the whole intersection in two days and now it's taking me three days to finish the intersection because of those lingo boxes. We keep having to have the guys in a basket, and only one guy can work at one time terminating those wires. Page 2 Mr. Murphy said if the requirement is a certain height and we have assisted you with the details, then what is a different height? Mr. Deaif asked what was the requirement? Mr. Murphy answered 140'. Mr. Deaif asked the inspector where did he get the dimensions and were they submitted in the specs when I.E.C. bid the job? Mr. Murphy answered no, what I am saying is when I.E.C. bid the job you said you based it on the average height. What is the average height and what did you base it on? Mr. Deaif answered what is the average height? Any average height for any lingo that the City has already existing in their traffic signals, existing traffic signal with a lingo compartment already installed. Mr. Murphy asked what was that height when you went out and measured it? Mr. Deaif said that it was way lower. it was the sauce box, the some gear, same everything. Mr. Murphy asked Mr. Deaif if it covered up the ped? Mr. Deaif said some cover and some don't cover. Mr. Murphy said so you don't have an actual measurement? You said the average height and you bid per the average height of the lingo boxes currently in the city. Do you have the height? Mr. Deaif said no, I don't have the exact height but it is way lower than what we have. Mr. Murphy said that he didn't see it being way lower, like 6 or 7 feet. That would put the signal head definitely blocking the pedhead. Mr. Deaif said that some of them are blocked, like on Eudid. Mr. Afire said this dimension was supplied to I.E.C. When the job kicked off we suggested that I.E.C. go look at the Huntington Beach boxes, because it was the same units, per wiring and installation, everything that is required for the project. Also, as an additional assistance we supplied you with the minimum height requirement, being that now where those pedheads are and what it wouM take for this unit to go up high enough so R would Gear that unit. Now, on these other ones you're talking about, an average height. What is the situation with those? We knew we had additional labor for the installation of these units and we gave you a separate bid item on that. Mr. Deaif said, I'm not saying that. That's different. The installation of those units are at the height that everybody accepts as the standard heights, which is different then the installation at a different height. Now it is taking more time labor wise. This is my point. I am not disagreeing. It is a difficult separate bid item. I have the time for it and I bid it that way for a certain height, which is the standard height. And now we change it. You submit new heights for me after the job was bid and after it was awarded. So all my calculations were off, and you can see that from the first schedule I submitted to you. I wanted to finish each intersection in two days and now I cannot do that. Mr. Keith Laster, inspector for the pro}ect said to Mr. Deaif that actually it was three days and the other thing you said was that you needed a bucket to put up the lingo boxes and wire them and all that. Actually I.E.C. has been wiring them on ladders. Mr. Deaif said yes but it was not safe and that he was taking the risk on it. Page 3 Mr. !.aster said the crews have done every one on a ladder so for. He remembered Mr. Deaif saying something about when they installed the lingo boxes they needed to install them on the bucket and wire them with the bucket. Mr. Laster said he has not seen one guy wiring them in the bucket. They put them up with a bucket, but after they bolt them onto the pole, they go out and go around in the bucket and drill another one and then another guy comes behind him on a ladder and wires them. So far, every one of them has been done that way. Mr. Deaif said he was taking a risk on this and how high they were going up on the ladder sometimes to get the job done and its not getting done. He was losing money on this. He said at every intersection he was losing a day. Mr. Afire asked Mr. Deaif, have you lost a day? I thought you were on schedule? Mr. Deaif said that on the new schedule he was on schedule. Mr. Laster said according to the construction schedule I.E,C, requested three days per intersection. With getting up all the N -1 -Ts on the 1A's, and all the five section cluster heads, although we ran into problems with the 10, I.E.C. is getting them all done in three days minus the tum -on and the switch. So actually it would be four days with the switching it over from the aerial to the cable in the cabinet. He's getting all the signal gear up in three days at every intersection. Mr. Deaif responded that his schedule at the beginning was to tum the intersection on in three days. You have to separate those two issues. My first schedule was to tum it on in three days. This schedule now is to install the heads in three days. I'm losing a day in each intersection. Mr. Laster said the reason we cannot do the tum on is because the phase omits are not wired in the cabinet and the loops are not installed. Mr. Deaif said that was not right. Mr. Laster answered, well; yes it is right because when you tum on the intersection we want'it working right. Mr. Desif said all those things that your saying can be taken care of in three days but it's not happening. Mr. Afire interjected; well it's not because of the terminal box_ Mr. Dealt said that what caused the delay was the terminal box which is a different type. My production is very slow. Mr. Murphy said that he didn't understand how it was costing I.E.G. time or money for installing something that they knew they had to install. He said he could see the delay if I.E.C. had to hire a special piece of equipment because it was at such a height that they couldn't reach it with anything they had, but the contractor had the equipment, the manpower and knew they had to install it anyway. Mr. Deaif said yes I can install those things when I go up on the ladder if it's a standard height. Now, 1 can't. Mr. Deaif said to Mr. Murphy, you saw it in front of your eyes on Quail. 1 drilled the first pole and I did it from the ladder. Then when the City came up with the new dimension I said, no way. There is absolutely no way. Mr. Murphy said to Mr. Dealt, we're talking two or three feet. Mr. Deaif said it was hard to go up two or three feet extra on a ladder and drill a hole. He said. Keith knows, correct me if I'm wrong, but there is no way you can drill a hole up on a ladder that high. Mr. Murphy answered that there were different size ladders. Mr. Deaif said he would not take the risk. Page 4 Mr. Murphy said, Okay, what I'm saying is that you, the contractor knew that you were going to have to drill these holes anyway. Mr. Dead said he was not disagreeing with the inspector, but not at that height. He said he could finish two poles with a lingo drill and install in the same time as I'm doing one with a standard height Mr. Laster said to Mr. Deaif that he had a question for him. The Monday I was off, when you sawed and drilled the first lingo box, that was the main pole at the northwest comer for westbound. that is the only one that's drilled at a 145" rather than a 140". The standard for the City is 140', remember that one is up 5', Mr, Alire is aware of that, remember the first pair? That's the one Mr. Deaif drilled from the ladder, right? 145 so.why couldn't you drill the others at a 140' from the ladder? All the others ones are at a 140" drillecTwith the box. Mr. Deaif answered that it was the bottom and even then he could hardly do it. What about the top? If that drill tweaks a little bit, we would be thrown off the ladder immediately. I'm drilling steel, not wood. Mr. Murphy said, What doesn't make sense to me, even if you use the existing pole that mounts the original head at the bottom hole, your saying that even the top hole your not doing it safely using a ladder, so you have to bring in a bucket anyway and that's using the hole that's existing already. So, l don't see that there is a difference. Mr. Deaif said there was a big difference if he was going to use the existing hole. He could reach the second hole with the ladder. Mr. Laster said to Mr. Deaif, at 19 118' above the top hole? That is quite a bit. From the center of your -bottom hole to the center of your top hole 18 118`. And your through bolt holes are 10 V apart. that still is quite a ways and that's pretty unsafe off a ladder to drill your top one even if it were 125' then you would be at 19" above that. Mr. Murphy's point basically is, you bid the lob to install the lingo, they even added money on it as a separate bid item to pay you because they knew it was extra work, so you knew you had to do it anyway. If there was any question, you should have said, hey, wart a minute do you have any detail on it or something? You didnI ask it and you bid the job to install the lingo and they paid you extra to do it Mr. Deaif said the City didn't pay me extra. Mr. Laster said because it was a bid item. Mr. Murphy said that what he was hearing was that it seems like the argument really is a 'time' argument, not a money issue. At the very most, I.E.C. could be granted an extension of time, not additional money. Mr. Deaif asked who was paying for this time, for his labor to be an extra day on each intersection? Mr. Murphy said it was work you have to do anyway. Mr. Deaif said yes, but I can do that work in three days and now its taking me four days, so I am losing a day. This is my point. When were those things adopted? Mr. Alire said to Mr. Deaif that first of all to keep in rr ind that this is not a standard plan. This is taking from Lingo and the information, and as you can see is hand written and is just for your information. We have a 140' minimum requirement in order for that head to dear. These lingo boxes are different than the standard SV heads. We know that, you know that, and that is why we deliberately separated that item out as a bid item to allow you to supply and install those. Page 5 Again, the specs say it is the installabon of these units as well, to supply and install these units. Again, this is for your assistance. It's not a standard plan even though we are headed towardE adopting a standard plan. We are working on our standard plans, which will be attached. I cannot attach that right now because that is not a standard plan. These are for guidelines only. So If you lower it more than that. I cannot accept it because it will be covering up the pedhead. Mr. Deaff asked Mr. Alire how come Other intersections have it covered up. There is one intersection that covers a pedhead on Euclid. Mr. Alire answered then someone messed up. Mr. Laster said it must have been one that he wasn't aware -of it, or it was there before he started doing this. All the other contractors, I asked them this too and also Don Struck of Huntington Beach. 1 asked them if other contractors try and charge extra to install the lingo after already being paid extra to put it up. They said no they do not. Mr. Deaff said he was absolutely wrong and If you want to explain it to Don Struck, explain it in the right way. Tell Wim that it's an existing pole, not the pole on the ground. I have a job with Huntington Beach. I know the dimension and its not going to take me any extra time to go 10' higher than what is existing. The pole is on the ground. It's easy to work with. If the dimensions are on the specs, it is easy. Mr. Laster said. If you do a job in Huntington Beach and your going to put lingo boxes up and he gives you a line item or bid item and is paying you additional to do it, are you going to come back and try to charge him extra because you have to raise it up? Mr. Deaif answered, of course. Mr. Laster said one hole is already there, the hole for the SV IT signais head. It is what you are using that exists. Mr. Dealt said no, we have to drill all those four holes for each pole. Mr. Murphy said if you have four poles to drill and it's going to take you two hours each pole to fill a eight hour day that your losing, you say your losing an eight hour day. Mr. Deaff said I go up myself on the ladder and install one at the standard height, by myself. On Brookhurst and Quail, I did it. Mr. Murphy said maybe the lingo box but not with the head. Mr. Deaif said no, not the head. I'm talking about the lingo box. Mr. Murphy said that's what I'm talking about. Mr. Deaff said you have been on the job. See how long it takes to finish drilling only the poles. I'm not going to say it, you guys just go and time it and see. And you know my guys are jumping on it. Mr. Alire said again. I'm just going to go backwards and say, we are denying it based on the fact we gave you a bid item and the height is required to dear it. Mr. Dead said that's fine, okay. Page 6 2. CCttl11 Wetdin_ -1 nsta_Ilina New Teno Mr. Afire said, again i'll guide you to the plans. We have specific dimensions on there. I think Fountain Valley is being pretty flexible in allowing a 2' feet plus or minus. We have an existing tenon 2' plus or minus that's not indicated on the plan, we are okay with that. Otherwise, we are not dictating to I.E.C. what method to use to install those. Mr. Dead said to Mr. Afire that this is public works. There are standards that you go by, especially for traffic signals. The City has to direct me on how to do this. This is by law. You have to tell me by what method do you want me to take care of that. It has never been specified on ft specs or plans. Mr. Afire said there are two methods. (1) You put a bracket on, or (2) you weld a new tenon. Mr. Dead said if the City supplies me with a bracket or the City will take care of that? Or does it say that? Mr. Murphy said it never said the City would take care of that Mr. Dead said it never said that I have to install tenons or brackets. Mr. Murphy said it says you have to install the head. Mr. Dead said head, only the head. Mr. Laster asked how are you supposed to install a head if it doesn't have a bracket? Mr. Deals responded, 1 don't know. Maybe the City will give me the bracket. Maybe the Ciry will install the tendons to install the head. Why should I assume that I am going to install the tendon, or I'm going to get a bracket? Maybe the City will say, no not a bracket, install a tendon, Mr. Laster sail you can't play it both ways. You can't assume that the lingo boxes are a certain height and then not assume that the heads are put on without tenants. Mr. Deaif said, of course, everything should be directed to me. How do you want me to do it guys and I will bid the job the way you want to do A. I have never been directed in both ways. Mr. Murphy asked I.E.C. went out and measured it and checked it in the field before they bid on it? Mr. Deaif answered yes. Mr. Murphy continued, so then at that time why didn't you ask how the head was going to be placed on the mast arm. Mr. Dead said I assumed the City was going to supply me with a bracket, or ttre City was going to weld it. Mr. Murphy said that was the chances a contractor took and assumed. Sometimes you win and sometimes you lose. Mr. Deaif answered believe me, I will win. I'm positive. Those issues are a 100% win — win. The specs oversee the plans. There is nothing in the specs that say I.E.C. is to install a tenon or brackets. Mr. Murphy said, it says in the specs about having to relocate, or not limited to or removal or relocation of all necessary signal indications. So, it's got to be relocated in the spaces. Mr. Dead said okay, relocated to where? Mr. Murphy said what is indicated on the plan, the dimension on the plan. Mr. Dead said to Mr. Murphy, it's never been said how. Where is the bracket? I can relocate anywhere you want me too. That's not relocating, fhat is installing new heads. Relocation is when i take one head from here and install it to that pole, or install it to a different tenon the existing head. This is a new head, that's installing a new head. Page 7 Mr. Alire said, the installation of all contractor supplied signal indications. That's called out in there. Mr. Deaif asked what is it calling for here? Mr. Alire answered the installation of all contractor supplied signal indications. It is in the specs. We just want you to install them. Mr. Deaif said I can install them, but R doesn'tsaying anything about how you want me to install it Mr. Murphy asked, does it tell you to install it with the red light up on top? Mr. Deaif answered, yes. Mr. Murphy asked, where does it say that? Mr, Deaf said that's a standard. Mr. Murphy said ifs a standard to have a tenon to connect it to, isn't it. Mr. Deaif said no. Mr. Murphy responded, really? How many traffic signals are out there that don't have tenons to connect to. Mr. Deaff answered, a lot. Mr_ Alire asked how do frau install them? Mr. Deaif said there are brackets. Mr. Murphy replied. Okay, well that's what we said, you can either use a bracket or you can weld it and, Mr. Deaif said, well, nothing has been specified so what does that mean? Mr. Murphy said you said yourself it's a standard thing. Mr. Deaif, yeah. I can bid it assuming the City is gang to provide me with a bracket and say contractor go ahead and install it please. The way we showed it in the plan. That's fine. The contractor will do that. Mr. Afire stated again the City found they have grounds to deny this claim as well Mr. Deaif said that's fine. Discussion regarding memo of September 11, 2001 Mr. Afire said that one other thing he wanted to bring up now that they were alt in the same room a memo that went out to I.E.C. Mr. Afire read: "as discussed at the meeting on August 27, you indicated that you would not furnished and install the temporary signal wiring for the intersection of Euclid and Slater, line item 3. Your bid sine item was $2,910.00. Because this work was not performed the City of Fountain Valley will not pay for tine Item 3. This letter is dated September 11, 2001 and apparently there was a mix up in your address, you moved or something and it was returned to the City about a month later, but you did receive it and you did get it and you responded. Your response starts with....as you know the intersection of Slater/Euclid is a heavily traveled intersection because of all the construction at the location I recommend that the City not install a temporary wire to avoid all the heavy traffic and keep the traffic flow smooth. To install the overhead wires we would have to dose a lane for both directions that will reflect on the traffic Row. On the other hand, I.E.C. did install the new wiring for the location without the overhead. But the time for labor to do so was the same if not more to install the overhead. For that reason, I.E.C. would like to get paid for this line item only $2,000.00 for that bid item instead of $2,910.00. Mr. Deaif said I don't want the money for the overhead wires, just my labor time. The overhead wires, i didn't install it. I don't want to get paid for it, My labor time. Mr. Afire proceeded, upon talking to the City Engineer on that particularly issue; again that one is still denied and will stand by the first letter we sent. It was not installed, it was our understanding that you wanted to try this because after doing Slater and Ward, you were not happy with the overhead wiring so you wanted to do all intersections. We allowed you to do Page a this, we had our reservations on it because of the conduit size and the size of the 28 -conductor cable and it was indicated that there would be a savings in time out at the intersection in doing all of this and tabor. We did not see the temporary overhead wires go up as we gave you the bid item for and we stand by that letter that was dated September 11, 2001. Mr. Deaif said you saw the labor time. Mr. Murphy, You pulled the new cable through and used it as temporary? Mr. Laster said, I didn't like the existing phase wire and it's running on the phase wire. Mr. Murphy asked what the labor was for? Mr. Dean said the,Jabor to pull the new cable. Mr. Murphy replied so you want the labor for something you had to do anyway is pull that new cable in. Mr. Afire interjected, tine item no. 9, furnish and install signal wiring per plan. The final wiring, which is what you have pulled through at Euclid and Slater. You had a bid amount of $6,750 for that For labor and cost of the wire to pull in the 28 conductor cable and you want an additional $2,000 to pull in that same cable. Mr. Deaif said it is not the same cable. To pull in that new cable in from the conduit when it is empty, we have to pull it in while the conduit is full of wires. We only pulled one length that second day. I can do a whole intersection in one day if the conduit is empty. Mr. Murphy said it's an item of work that you were supposed to do by the contract and bid items anyway. So, why would we pay you for the labor of that, it was your choice to do that. Mr. Deatf replied, yeah but that thing took me two days to install it. Mr. Murphy said it was your choice to do that. Mr. Dealf said yes, but that was my choice, to avoid all that problem at that intersection, two contractors working at the same time. The traffic intersection, I have to do that. Mr. Murphy asked what intersection on this entire project is not a heavily traveled one? Mr. Dead said, this irtersection is very heavy because they have construction at the same time. Mr. Murphy said more heavy than Brookhurst and Quail? Mr. Deaif said yes, that time the other contractor, All American Asphalt, had one lane dosed for a long time. Mr. Murphy said then they had it dosed for you. Mr. Deal( said if I'm going to shut it off and have one lane you can imagine the traffic and the complaints. I'm trying to avoid shutting it off. Mr. Alire said that he believed the intersection was on flash for a long time, not because of I.E.C.'s project but because of their project. You came to the City because you said you were unhappy with the temporary signal wiring at Slater and Ward. You asked us to be flexible with you and allow you to try this. We expressed our concerns and we informed you that we would not be able to pay you for this and you proceeded with that. After that the City was uncomfortable with the 28 running with the existing wires in that conduit and so the remaining intersections went temporary overhead. Mr Deaif, that's fine. Mr. Alire said then we go back to the letter dated September 11, 2001 and will stand by it. Mr Deaif responded, that's fine. Page 9 Other Issuos Mr. Afire asked if there were any other issues that needed to be discussed? We did ask I.E.C. to install one additional number 5 pull box at Euclid and Slater. Mr. Laster said 5 or 6 is what he said, whatever he can fit. If he can get a 6 in because the other pull box of 5 has just your interconnect, and he may be abte to scoot it over a little bit, not to the riser but a couple inches and drop a 6, if they can, He was going to get me a price for that. Did you bring that to the meeting? Mr. Dealt said, No. i will see what kind of pull box I can get Mr. Laster said he gave Mr. Deaff a verbal requesting a price for that and that he would give him a memo. Mr. Afire said to Mr. Demi that he would send him a copy that it was discussed at the meeting. But we want that pull box put in. Meeting ended at 11:00 AM 7 SIGN iN SHEEf /.?' G%"G / /C. C,c- yr7l COMPANY NAME ADDRESS AND TELEPHONE o • F ✓, �i✓tNsiiy /o /Y.�.e� ,v 4' _ � i v - ?� o-.C'�--// ZL i ` STOP -NOTICE ' . . :. Lege[ Notice�to Withhold Construction Funds . Public or. Private Wbiic -Per Califomla Civic Code Swdon 3.103 TO:. ! Prefect y I ' i '1 .� or 41§ n rn r«- rMedrr.r • v ra Irr.alli a Take Notice That 1 0 VAVOA* Addtgss Wo?SOZ a6/ Marga2__1Z&"= Has caber 1feAt�tM� �t�1�M��e� a is of as Powe: in TCVSeLT{ lD L(3-'� r G'✓ S w (i CU f\ LLll11 CV- �� TfN abd mabrida iiattta%w by d.b,l.nt.aa of tDta fallowing psttaraf fTfnd: J� D .Merlof WIN.rWMW a F T1aa wer.ae wt.etrlata 1r.r. fhntlRlt.d tottorn,. tiorowing party: . a.tr f/ 12) Total varus of the wAda a+edunt d tasty and nehrtats aDn.d V be arn+ehad. i Thr vakre of aw latter ane olatefWs na dame to OW. i [ UAIINnt nee been paid Ute alas Dvr, oMng me enpaW In the num oP You are required 143 art aside sufficient Fantle to sanely this claim with Itptetsat, court testa and raeaonaaa costa of [mgatlon. a, provided by crit. You am also rA~ that claimant Mans an equitaWa fon against any eaneirtwoon hada for dile pro}eet iwtdch ane in your Aatlds t ` VERIFICATION Fifmniime Bir. �>4r M.ue+c�i..`E���� r iM; norw crnrn • w, r.n�w I. tree unaeralaned, says I an the ��� _ _ he eWmant new" in the foregoing STOP Notice; I have read said Stop No"co and know tree cuntentw thereof: the same Is out of my WM Rnawie"e. I aedaro, under penalty of perjury under the laws of tho Stale of Catifernia, that The foregoing la true and correet. — p FAKLdton �Y/C / aAt c.tsarn►. ...r dey..n. Maud rare MYeY/la uew aro aw REQUEST FOR NOTICE 15F ELECTION Private woofs 0"- fear CoMomm CND Code Sacbm 31U. 3101 or 01112 it an eieclton a made net ro wiprtrdd funds pusuant to this stop notice by reason or a payment bond haying been recorood rn accon3antc with Sections S2y6 or yli2, PLEASe SEW NOTICE of wxb elecoon and a copy of the front! within 30 days of such alectloo In the ambsed praadtimssed stamped anv lope. This information must be provided by you under -Civil Code Sections 3113, 3191, 3162, "ZaHgned ni Ku_ -T tinrkpr• .SrapM rejrm- 10) W V 0 r/? Y W .J L) l� V v CITY OF FOUNTAIN VALLEY December 21, 2001 Jamal Deaifi IEC 2973 Harbor Blvd. No. 516 Costa Mesa; CA 92626 Dear ,}aural: We have received a stop notice regarding Contract No. CON -01-24, Project No, T12796, Citiwide Signal Improvements. Until we receive a "Release of Stop Notice" from B S T Works, Inc., no monies can be forwarded to you. Enciosed is e copy of the stop notice for your information. City of Fountain Valley Department of Public Works NOTICE OF NONCOMPLIANCE Project/Permit No. 11456 `bate: To: f 3t. oe_a k-. From: City of Fountain Valley -2-q13 (4c,, -b0 -v- Ialud s v tk rh5% cr) u me_!{ -a k Ccs • q2'67_(= Subject: UOA&4ock Reference: Sec_+tan S i . 0 4 NONCOMPLIANCE CONDITION: -14 r ca -r w Lj itck 11-16-0 k cx.--.d Q ndi­ rreeA CmEtnrzknm-�-{^4- y--0_r'11ajrYL �14 d4_10 d �e Ch S L i`e Per �' r C r SGhedv d 5 D�c.o i Prepared by: Page I of -L- 31 4— WILLDAN vi Ser ng Public Agencies DAILY CONSTRUCTION REPORT WEATHER PROJECT Ty-agic C;%Xtdi �.n„e.w.+JS TEMP JOB NO.t'���- WIND CLIENT t o f- Fav„+.L.. tJt. l.+�e CONTRACTOR 'sem- HUMIDITY PROJECT MANAGER v c DATE:m -21, -pL_ DAY: s I M I T E TH F 5 BRITESUN Name of Contractor ZEL OV£RCASr IWh I *� TO 32 74-50 sa 70 -as as UP STILL HIGH Repml No. 1 b ORr ,+oo N,"o AVERAGE FIELD FORCE Name of Contractor ZEL Non -manual Manual L Remarks VISITORS Time Representing Representing Remarks EQUIPMENT AT THE SITE CONSTRUCTION ACTIVITIES QS �i►b•.cL� �J4�U k%& `` nn Lo&tald r4-} i&Ks:A— Jra i C>_ c0 mit to�sc �T� of Lis++” C- SC 6'e -L v k.a�_ ar//c o C L'\ L,- `rip 5 - F'IC■ C_� nC�T1 - L,- 5 Ci C 1 G G Inch K -k �\pt C r\ BY TITLE �•w1$•-car- _ P M6-150'Siave K CGonswcuon ODservawn Forms.wpd NOT10E70: A. TN-. AUDrr CONTROL OFFICE p+.al0oa..4. t�e•I.>wa)wrra.alfl (ItPrivne lab-bl. wilb t�� amt a ptaem n ai6ae tr bmtoeh of em�pm leradc ae3mzaiaQm j the omu normo 5mdi orrite tan older - OVIL CODE SEcnm6 313b3ln pfPuplid Tot •, me wifo OEM of emoolier ata ar, er tithrpub&e di:blataot dffiCfS w)q/e du n tr tc ��- paY— uadar proyiaiam of thb omtr ort - CIVIL CODE SP.Cl2ON 3I79.3214) Prima CM09Clor: t ..Hwe £� .eine ,� SAb f itommof (((my') Y b T W..h. OwworNb&Body~ loyWeps,ow Amor, .�—La -dane For Wllltfls. R.MIAf..nnll, inn.d.1.. Vdl.. !`a pr.../ roma l Aad r..r r e#.meq fa Tha lStY SmseefC 1;�;. valva Matmiah, ChhuM a Catpw mdd Sm+Led covin bbm, aenicg a rmpmmt or matmiala used m the above dmibed week of iA¢ay.emeal. 7'be latae Of da pmam df =*B11Y by wham chill= wan emPla3 W Or m wbem chmm o f cudied labur mvice, m uipcom; at metmtab n .AALX Ad:L lbe land of bbw, ariee equipmm4 wmaarimb haaiahod or apmd to be hamabed by Au=t war AmhAmc C40c= a..nt. a.nd f:r..A predfleu ed Brier rell dateYleal. TOWi oehte ofbtbor, twice, apapmew or maarialf speed 10 befaaairAdd......... .... 3 &6d'f-17 Toud Value of i b.. /arvraR ffqu(o mf or rwta ialr amwuy furs Awd._..................3 b owkm Creoitfarin Mcirrtemaadtfany............................ ..._...._... ...................... .3 wn" M+Oualpa(dAtmw,q,qffavrY.._.............—.......... ....... ._..... .... ._._.....__........._..---- S riopm- Antowa due 491R dddwca'g aillsw avftr and Ofrov.......----_..........._.................... ...5 F IN6 {7 YOU ARE MMM NO'[MW w mbold eufficumt mmm held by you ® the above do mbod pa2w to AtUtY d®t'a demand is the ameuai OfS.AAOAL add m ddmcn Hoes®n®e muigeat m corer i vzm meet wm add resa®ahle aoer of uuptioo. u PvvxW by lew- A bmd (MM CODE SECTION 3013) —W YDX aturbed Due: l:en._, �+�,,,,ot t :nn•. Name td CIw�C . - �••�n M-�-^•a• Lyadlt A.prvaeoler► V-ER37ZCAnON 1, tae nodeaep.d, four: l col the�6,;,^.*''se.era�ew�rarrvE (`Aust at', Re.aitlme ar, A P.smr af','O.r ef, ee-) sbe ctaamam glad m de brgw m Sip Noun: 1 h.R (-d lid clams of S" Neem aadkoer d. c0o0tab tbioo( ad I a°e:ntY the die .ace v aw ofmy wo kmwladde. I cw4 (et derLrz) adc peolry oipejaryr tlu bwa ouv efCu ebur Tee fmgo q u roe ad cmwx 5secuud m 7.®.n t a ism at Loa ACSO94 Sues of CaHfoleia cf e.7a®mt of Avdwriad Apm) ozQll>=5T FOR NO'1'1Ci OF MWMN (Rind Wb ONy) If aa.Ww— Be mde mat to wddabakt horde pnromt 10 mir abp etaeea by soon of payment bond bantam baea M..d d ..-...w...' -%b aacueaea 3735 or 3262, pWM Bad Matin of aoob decea and a eopy of tb. bead —hp 30 drys of ouch aW*oa m ma 04o.d paead6and omoepad enralepe le Ibe addlLi of 76C Clurmm fbotYo abaR. 7bn �a{araead® 0Ue b<pmNdd by yn ndrt C.iril Code Secuoeu 3179, 31 fi 1 a 3162 ff A .1.IFORNIA CIv1L c,UDE sFCno.N 3103 RECEIViep N011C E TO: City afEnuatain Valley cm OF FOUNTAIN VAUXV A'ITN: AUDIT CONTROL OFFICE JAN 1 7 2002 1020 slater.Av."nantain.Yallikv. (_A 92708 I C'Msawt."n I CITY CLERK'S OFFICE \ane tai A-ftkl. F.Wil jumlvrr l)rnr[1 (if Pnvate Job -file «7th responsible officer or person at office or branch of construction lender administering the construction funds or with the owner - CIVIL COM SEMONS 3156-3175) (If Public tub -file with office of controller. auditor, or other public disbursing officer whose duty it is to make payments under provisions of the contract - CIVIL CODE SEMON 3179-3214) Prime Cbnrrarror: - - . -- LncpeCtionEagiaeering _ _ - Sub Cuirinictur of aitrl; S & T Wnrke- Oit•nerorPublicBodv: - _ rity'iLEnuataip.Y�Jlc}. lntpros•enreur known u,: =Street 5' oak,"—Yairioas Loeation&Xl is & Mnlznnlla. Fountain VaLucy—CA_ (Name runt &Jdrm of pnytet or vmrk of upn[amar[l -- - _ - - - - - - in the Cite of Fountain A'alln•. Cnuary of Oranne State of California. Vulcan Materials. Claimant. a Corporation furnished certain iabor, service. equiprrxmt or material; used in the above described work tai improvement. The name of the person or company by whom claimant was empin and or to whom claimant furnished labor. srn-ice. equipment, or materials is: B & T Works. The kind of labor. service, equipment, ormatertals furnished or agreed to he furnished by claimant was: Asphaltic Concrete. Rock_ Sand. Grove]frodgets and other related services- Tviol v ahte of bihor, ser -ore. equipment or materials agreed to be frrrrtished.................S 6.646.U - Total value of labor, service, equipmenr or materials actualN furnished .................... -A 6,646.57 Credir for materials rentrried, if um' .............................................. .............................5 %. 'Q IF. Amoirtir puklOil account. ifatn........... .................. .... --............... .............................. ....S NOME - 4mounr due after derhicirng all just credits and o/jsets..................................................5 6.6:46M. - YOUARF HEREBY NOTIFIED to withhold sufficient monies held by you on the abote described prowl to au;n :Ixmant*s demand m the amount of S 6.645.57 and in addition thereto sums sufficient to cover interest. court �,c, jnd reasonable cost tat litigatior., as provided by law. 1 bond tMIL CODE SECTION 3083) IiS itiOT___ . attached. .. ..-v�w.. .•��n .[.r,c..tLL�.�a.MSM1u'umltnln.�n rrl.�ic.iF..1�aY1 nw[e['tl..a.wr+�i[:MJy.J .n -.:.q \�a.[F'v'nRFJ ..v..r [wr w�yna.[a .[ha, Dain- .la tin 11,2002Name of0aimanc Yulcau.lf4112301s- P_O..Bctii ..2 ._.. s_4nge190065.By: flan. Credit Kepresrnwuve VERIFICATION :r- nurniun- ,pale i am the ('REDIT REPUSEhTAIJV'E E"Agent of " O "President n{'. A Partner or'. " caner of". etc.I the J IMJ: I r.aturu ,n the Iorc¢omg 51up tiouce: 1 have read said claim or Stop Notice and know the contents thenal: and 1 certify rho Sc nc irj r � r rm pun knowledge I certify t or declare) under penalty of perjury unArr the laws of ihe,�tate of California that the •nr it cru- and corcci �� / r I!:: I, !�m:ar ! ]00' at LOS Angeles. Smie ofCahforno W Ciaulmin of AuLthinved .AvenU tcl•:(►ursr F'oR Yu'rwt. OF E1_EX-1-10.N t I'nvare Works Only) i r in eicchim is avadr not to %uhhuld funds pursuant to this stop nutter ht' rcasun til paymtmt bond havtn5 been rvcurded tit accordance with sections; 1235 of 3162, please send nutice of su + election Jud a cups of the bund widen 30 dais of such elecnnn to the enelaseed preaddressed ctarriped envelnpc the address of the clatnsani show -t above "Ibis information must he provided by wu under C udc section.. 31 S9. 3161 tar 3142 Signed: CITY OF FOUNTAIN \'ALLFY January 23, 2002 i. 1 Jamal Deaifi IEC 2973 Harbor Blvd. No. 516 Costa Mesa, CA 92626 We have received a stop notice against your company and also against BST Works, from Vulcan Materials, regarding Contract No. CON -01-24, Project No, T12796, Citiwide Signal Improvements. Until we receive a "Release of Stop Notice" from Vulcan Materials no monies can be forwarded to you. e=nclosed is a copy of the stop notice for your information. Jane Irvin Deputy City Clerk Public Works Dept. F nance Department B&T Works Vulcan Materials W�LLDAN Serving Public Agencies DAILY CONSTRUCTION REPORT WEATHER PROJECT 1r4-ic Ci Ixj , . tl TEMP JOB NO. ffiltz: j- - - - WIND CLIENT Ci CONTRACTOR HUMIDITY PROJECT MANAGER T n -\v roh j DATE: a • I I.o�- DAY- s T w TwMS SITE SUN Cl ove6tcMi Manual Remarks To 32 3z1w �s�e� iws ru t STU,."w �. l o ! S mukoo AVERAGE FIELD FORCE Name of Contractor Non.nianual Manual Remarks VISITORS Time Representing Representing Reffmft EQUIPMENT AT THE SITE CONSTRUCTION ACTIVITIES 4vtL- D hausL tr e' S c �- t� i �ae� ow LA t 919 L+ %PC Loup - Yee -4 cGw�.,e aU -CO'S BY(� TITLE _ k ) "6-15OZIorc K1Consauctdon Observabon Forms.wpd W-R 'YCAGCOt1NT1t1�vALLE�' . r t, 1 4 ",W1 CALIFORNIA CM CLEWS OFFICE STOP NOTICE CALIFORNIA PUBLIC WORK (Civil Code Section 3103, section 3179, et seq.) TO City of Fountain Valley nr 10 20 0 51ater Avenue Founctain)Valley, CA 92208 (Address) PFIO,IECT: Fountain Valley Signal Improvement Project TI 2796 (Name and Location of Project and Project Number) Claimant Orange County Striping Service, Inc. 183 N. Pixley Street Orange CA 92868 (Name end address) Services has fumished (Laborhervicaslegwpmentlmateriaq of a kind describedgenergilyas Street Striping and Marking and Street Signs (Description of type of work or material) for the benefit ollet the request of: F.F.C. 2973 Harbor Boulevard Number 516 Costa Mesa, CA 92626 (Name of person to or for whom some was furnished) for the public work of improvement described as the Protect above. The value of the whole agreed to be done or furnished by claimant is $ 13, 635.00 The value of that Already done or furnished Is S 13.635-00 Claimant has been paid or credited with the sum of E.317.5C 6,811.50 The Legal Rate S and there remains due and unpaid the sum of $ plus interest at the rats of % oar year from Jdnuary 31 .#4 2002 Pursuant to Civil Code section 3186, it is your duty upon receipt of this Stop Notice, to withhold from the original contractor, or from any person acting under his authority, money or bonds (where bonds are to be issued in payment for the work of improvement) due or to be❑ome due to such contractor in an amount sufficient to answerthe claim stated in this Stop Notice and to provide for the reasonable cost of any li tigaton thereunder. Dated February 12, 2002 Orange County Striping Service, Inc. (Name of Claimant) Jill Ziegler, Authorized Agent (Skpnaiwa of GiarmerK or Agent) (Title) VERIFICATION the unoerppned oeuare. Iamthe r;utnneized An. of Orange County Striping Service, Inc. (Title) (Name of Claimant) the a e m e n i n e m ed in the f oreg otng Stop Notice: I em authorized to make this verification in behalf o1 the claimant: i have read the foregoing Sroo NOtice and know the contents thereof, and the same is true of my own knowledge. E■ecvie❑ar_ - Orange ,Catilornts.on February I:, 2002 19_ deaere under penairy of perjury under the laws of the SIAW of Caijlornia that theOongoinQ is true and correct (Signature of rndtvtduaf ono varilles the contents of the Stop Notice) Jill 2ii�gler NOTICE TO CLAIMANT: 11 the claimant pays Iwo dokars (52.00) to the public entity at the time of (ding the stop notice, the pubic onbty must give notice of completion, cessation of labor doomed to be completion. or acceptance of completion, of the public work, SERVICE NOTE: Civil Code Section 3103 requires that the stop noises be Filed with the director of the department which let the contract, ,I the public work is for the State. in tha'csse of any other public work, the statute requires that the stop notice be filed in the office of" controiier, auditor or other public disbursing officer whose duty it is to make payments under the provisions of the con Tact, or with the cdmmisstoners, managers, trustees. officers. board of supervisors, board of trustees, common ceuncil,or other bodybywhom thecontraci was awardec NOTEThis document has important legal consequences; consultation with an attorney is encouraged with respect to its use OF modification. This form is intended to meet the requirements of California law as of October 1, 1991. Tetl Take *oft& STOP NOTICE Leal Notke to Withhold Cormb uct)on Funds Publk a PAv�w vhm. Poor Cafforrmla Civil C&M Stanton 31m R O)m rala NilM.-I ■ c C/�.�� 15 1?001����' ri7/�F aT;vr!l14 w:-' no tabor mr tw amob wars Ar "104" kwft att 166" pw.. ?Cal vo a• ar *w wwda at*ess 4160m ww a•seastt spot wow tr*I�Irr.. t "a ,im arms roar No Mandeb nwtsap * fn dm cs•ww aaa r� artr ar atrs ac �.�._��.__,._—_�_.. • V" mm t■q~ in .=4 am" eaftim d iutept r semy ■Itt com wm vomom 1. mot gads No wsaswtib caat>t or ntsp+� . w t�M�tN �r b>w. rru art Har taefsfiltei lltat taan+tam earlts rA ga/fafiat ant t�sfnst RnY awttlrveMa U wt atr Mb pajtat rMalk aw M VW itaitaa VERIC , v...,,. . spo+y itaa Ntatico: S nova read saw tep MMe■ ane waw sswlmM vwpww: an arias is "m of Iwy awe it XrW■'Y srti S OKJ/O, under oNuft1 M /ref utaba► to tows aA rf+t NaN of CarlMetaa. aut dfa IOe1�peYtr • ttar sn0 w"Kl t f&6. 1�t, Was" .s. .w+e swwtt waits awrpw Cslraw R cm Cads am%me 31n. M ar SIM r a ..rcaon w mam am te ■oftw t %oft pwg Mw ft wit abW "ON by poste d a pywwnt be" RaMsp arra neaeo■a a+ aeooe4•eea +rwh irCsewa !!it p i/fit. *t!►!! Hwy M0T1C! e• suet+ alaeflaut and • copy d lar bent r 1�in 26 asti pl sur• Mrdn■■ M Vw swims" paadAoaasd atasrt■e emwen,". TAb Islsertsnm "win a■ prevard dr, Jia.. C*W4 Goa. GOWAMa 240. 3441, =Ut. aw" .t►o,am p.i. ofFlCr 7T►af.— CITY OF FOUNTAIN VALLEY February 14, 2002 Jamal Deaifi IEC 2973 Harbor Blvd.'No. 516 Costa Mesa, CA 92626 Dear Jamal: We have received a stop notice against your company from Orange County Striping Service, Inc., regarding Contract No. CON -01-24, Project No, T12796, Citiwide Signal improvements. Until we receive a "Release of Stop Notice" from Orange County Striping, no monies can be forwarded to you. Enclosed is a copy of the stop notice for your information. Sincerely. Jane Irvin Deauty City Clerk Attachment Public Works Dept. Finance Department Orange County Striping Service, Inc. 183 N. Pixley Street Orange, CA 92868 CITY OF FOUNTAIN VALLEY ! •17FF !1F\'I • Fc'1 1'AI \ III i-) , ? f, L_. iI z77 q C— February 15, 2002 Jamal Deaifi IEC 2973 Harbor Blvd. No. 516 Costa Mesa, CA 92626 Dear Jamal: We have received a stop notice against your company from B&T Works regarding Contract No. CON -01-24, Project No, T12796, Citiwide Signal Improvements. Until we receive a "Release of Stop Notice" from BST Works, no monies can be forwarded to you. Enclosed is a copy of the stop notice for your information. Sincerely, Jane Irvin Deputy City Clerk Attacnment C Public Works Dept. . Finance Department B&T Works 25060 Hancock, #103-337 Murrieta, CA 92562 Ir WILLDAN ASSOCIATES DAILY CONSTRUCTION REPORT ENGINEERS AND PLANNERS DATE'"_— PUBLIC WORKS DIVISION DAY: s M r w T F s WEATHER PROJECT "I•ra-C-r. SLI TEMP JOB NO. _ 1�+-r5z WIND CLIENT C . W �- In�rtd-au+ �li CONTRACTOR HUMIDITY PROJECT MANAGER �L.3� NRnt SUN CLEM DVE RAIN snow 70 32 32+M saa iris as Uv STILL MDQ NIG Fiapon No HUMID 11 DRY MOD AVERAGE FIELD FORCE Name of Contractor Non -manual Manual Remarks �L Z VISITORS Time Representing Representing Remarks 01100 r kf ii LAW -0 r liT os[ h e� * . V . Loa GD 'i "...td trrr.e+~<t~e a Soo. rv,,.a.ie• %%;*-C Bu &0." t o ICar ..0 yew . i EQUIPMENT AT THE SITE " CONSTRUCTION ACTIVITIES u�aQ-A t c o-L,� k -s m ,I r R( -C -,,C i e),, v-, i'Y�o.�✓'1L r C t J BY prV)r,j%Zleve K\Constructron Observation Forrrms.wpd TITLE j THE PUBLIC AGENCY: City of Fountain valley City Clerk 10200 Slater Ave. Fountain Valley CA 92708 Contract Number mv,C t a wic.av A-WIAJ %-J4i7LIM UN P; PIENT BOND (Ce�i%rnia Civil Code Section 3252 at s -q•1 TO THE GENERAL CONTRACTOFa QR PRIME CONTRACTOR: CiTY OF FF J I V y y ALLE FROM:BOND OR LIEN CLAIMANT iT8 Supply Company, Inc M" U I Coil CITY CLERK'S OFFICE Contract Number TO THE LENDER, SURETY OR BONDING COMPANY: First National Insurance Co. of A" 1030 N Batavia Suite A 2677 N. !lain St Suite 600 Orange,CA 42867 Santa Ana,rA 92705 Contract Number 612244 iASE TAKE NOTICE that the undersigned claimant is looking to the public agancy, and the prime itractor and to its sureties, for payment of the following claim. TB SUPPLY COMPANY, INC has a claim in the amount of $24,192.33, including service charges or merest at the rate of 0.0004 per annum, for labor performed or materials furnished for the public ork of improvement commonly known as City of Fountain Valley-- Various Locations project, located t , CA, specific contract information is for Customer Purchase Order #Fax 7-17-2001. he claimant furnished the following kind of labor, services, equipment, materials or service harges: Traffic Signal Equipment. time of the commencement of performance of labor or the furnishing of materials was 11/26/2001. time of the cessation of performance of labor or the furnishing of materials was date the debt became due is 17- /A6 nem e name of the party to whom the material was furnished or supplied, or for whom the labor was ne or perfo^ae is Inspection Engineering Corp. 2775 Mesa Verde Dr East, Suite M-143, Costa sa, C?. 9252E the u aa,c balance due of $24,192.33, please add anticipated sts ar.c attorney fees of ted C. C=;'20GC for :-B Supply Company, Inc, 1030 N Batavia 92E--- .and 22=-.and F 'ones _rd.%ler service charges, interest, court Suite A, Orange, VERIFICATION leclare that = a.r authorized to file this claim on behalf of the claimant. I have read the egoir., document and know the contents thereof; the same is true of my own knowledge. I declare er pena'rN c` pe:,ury that the foregoing is true and correct. Executed at Orange, California on 01/2',-- fo: _7B 6upply Company, Inc. and F .:ones. comptroller YVAL11. VW Kb rKC 1C 16 (Califari'nia Civil Code Sections 31.03, 3181-3187) TO THE ORIGINAL CONTRACTOR OR l0 THE PUBLIC AGENCY: REPUTED ORIGINAL CONTRACTOR: City of Fountain Valley City Clerk 10200 Slater Ave. Fountain Valley CA 92708 70 THE LENDER, SURETY OR BONDING COMPANY: TO THE CUSTOMER OR BUYER: First National Insurance Co. of Ana Inspection Engineering Corp. 2677 N. Main St Suite 600 Suite M-103 Santa Ana,CA 92705 Costa Mesa,CA 92626 Ref: 612244 'LEASE TAKE NOTICE THAT JTB SUPPLY COMPANY, INC has a claim in connection with the public °ork known as City of Fountain Valley-- Various Locations project, located at , CA. he specific contract information is for Customer Purchase Order #Fax 7-17-2001. +e claimant furnished the following kind of labor, services, equipment, materials or . ervice charges: Traffic Signal Equipment. �e name ct :he party to whom the material was furnished or sapplied, or for whom the abor was done or performed, is Inspection Engineering Corp. 2775 Mesa Verde Dr East, melte ''-1G3, Costa Mesa, CA 92626. -.e t� 1 va ue u., labor, services, equipment and materials furnished by claimant or Tree: t oe per_'7rmed,was $24,192.33. That the value of labor, service, equipment, iter -__-15 arrd sercrce charges so performed or furnished as of the date of this notice is :na-, such claim has not been paid in full except that there has been paid ;ain _ rru oa_an e due the sum of $0.00. The unpaid balance is now $24,192.33,including :ru__ cna,-nes or ;merest at the rate of 0.000% per annum. r_:. unpa_a U_an.e due of $24,192.33, please add anticipated service charges, and attorney fees of EF. - a Tan prays that the public entity, upon receipt of this stop notice, contractor, or from any person acting under his authority, ne_. cue to such contractor in an amount sufficient to answer the Ston notice and tc provide for the reasonable cost of any REQUEST FOR NOTICE OF COMPLETION, ACCEPTANCE OR CESSATION .n accordance with Sections 3158 and 3181 of the California Civil Code, you are hereby rzpr-jet a stop notice concerning the public work of improvement consisting of City of :o�;ntain Valley-- Various Locations project, located at , CA. This public work is being performed pursuant to the original contract entered into between you and , , , the original or prime contractor(s) for such improvement. Pursuant to Section 3185 of the California Civil Code, enclosed is the -sum of two dollars lS�.p01, in the form of a check or money order, to cover the cost of notification of completion or cessation. Please send said notice'of completion or cessation to the undersigned. Dated 03/01/2002 for JTB Supply Company, Inc, 1030 N Batavia Suite A, Orange, CA 7256` 3✓: '-1 ..e_�-:' � Janes, C troller VERIFICATION 1 dec:are that 1 am authorized to file this Stop Notice on behalf of the claimant. I have read the forea�ng document and know the contents thereof; the same is true of my own knowledge. I declare unde_ penalty of perjury that the foregoing is true and correct. Executed at Orange, California on 031LI/200: for JTB supply Company, Inc. AFFIDAVIT OF SERVICE BY MAIL de-_aLe -hat 1 served a copy of the above document, and any related documents, by (as required by Law; z_s'-c ass, certified or registered mail, postage prepaid, addressed to the above named ac the dddresses listed above, on 03/01/2002. I declare under penalty of perjury that the ore -:--.- :::Lie aad correct. Executed at Orange, California on 03/01/2002. CITY OF FOUNTAIN VALLEY I,':;c' -1 ATEF AVE" I'F - FO :1'7AIN I'AUFY- ['A ::41 ;47 44L�., FA % March 6, 2002 Jamal Deai% IEC 2973 Harbor Blvd. No. 516 Costa Mesa, CA 92626 Dear Jamal: We have received a stop notice against your company from JTB Supply Company, Inc. regarding Contract No, CDN -09-24, Project No, T12796, Citiwide Signal Improvements. Until we receive a "Release of Stop Notice" from JTB Supply, no monies can be forwarded to you. Enclosed is a copy of the stop notice for your information. Ir Sincerely, Jane Irvin Deputy City Cierk Attachment C. Public Works Dept, Finance Department JTB Supply Company, Inc. 1030 N. Batavia, Suite A Orange, CA 92867 a q ek-r4_ CALIFORNIA PRELIMINARY NOTICE ' f� INA(-0 tKUA\CL•' WITII SE(moo\' 1097 AND :"K. ('ALIf(]RNL\ VIVIL ('UDE "• TMS IS NOT A LIEN. •■• T111S 1N NOT A REFLE(110N O'S T)fi OR S( IBCON11 CIDR. ,No'(7('E IS KE EBI' GIVEN char: QMFR OR REFIEMIJ121 NF:R OR PUBLIC AGMC'Y ROBERTSON'S CITY OF FOUNTAIN VALLEY 6830 VAN BUREN BLVD 10200 -SLATER AVENU RIVERSIDE CA 92509 FOUNTAIN VALLEYCA 92708 Kim or will F'urnkh labor. senirm equipment. or maleriaL% generally dmribed wr READY MIX CONCRETE, ROCK & SAND LENDER OR REFI Et7INNDER To be rurnisbed or furnished for tltc building, 21runure or the work 0 improvement described m follows: MGNOLIA & TALBERT J.C.N. # 020225 Tract No. Lot No. I.E.C. Cert Num: 21038122 2973 HARBOR BLVD, STE 516 COSTA MESA CA 92626 Sawe of Person or Firm oho contracted for purrbme of the labor. %mic'm equipment, or materials Is: INSPECTION ENGINEERING CO 2973 HARBOR BLVD, #516 COSTA MESA ICA 92626 An ryYimare of the WRJ price of .utid labor. aenim equipment or mater" Ix 2,487.08 ***NOTICE TO PROPERTY OWNER*** IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EGUiPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEAPING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PART OF YOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU NAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKINO PAYMENT TO YOUR CONTRACTOR, OR (2) ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE TINDER THE CIRCUMSTANCES. unTxn 03/12/2002 H1 KELLY BROWN TRU :ST FINDS To ►4fttr7l 1l'PPI.F\tF \T.U. YKNUF BENKFM ARF: FA A181.F: *****PLEASE ISSUE JOINT CHECKS***** Jm%.fAXJLijmY P.O. Box 33140 Riverside, CA 92519 71018 1176 8852 1038 1229 IMPORTANT CALIFORNIA PRELIMINARY NOTICE CITY OF FOUNTAIN VALLEY 10200 SLATER AVENUE FOUNTAIN VALLEY CA 92708 9 27 0� 4 4 Z 9 4 44■'i�iiiJEl'�ii1�11[iil[i�ii�[[I�i[I��ifi[[�i�i!['liii�lsfi�lli f-� alis ClerL 0714 CALIFORNIA PRELIMINARY NOTICE fiv) 1:7-3, IN ACCORDANCE WITII SE(MON 3(P)7 AND 31198. ('ALIR)RNIA CIVIL ('UDE "*' 77115 IN NOTA 1.MN. '" THIS IN NOT A REFLE(TI()N ON THF IN 7MGRITY 11F ANY ('()N-MA(n)R OR SI,T1Jr0NTR,1(T()R NOT]('F. IS HERESY GIVEN that: ROBERTSON'S CITY OF FOUNTAIN VALLEY 6830 VAN BUREN BLVD 10200 SLATER AVENU RIVERSIDE CA 92509 FOUNTAIN VALLEYCA 92708 Has or will Furnish labor. s'erldet.� equipmeft or material& gesemily dewribed am READY MIX CONCRETE, ROCK S SAND To be fornisbed or furnished for the building;. strracture or the wort of imprnrmaent denribed as follow&: SLATER & SAN MATEO JT C.N. x 09281 Tract No. Lot No. Cert Num: 21038124 -Name of Person or Virro who coetrwisd for pwrhaee of the labor, aeniees. cgoiprnent. or materials is: INSPECTION ENGINEERING CO 2973 HARBOR BLVD, #516 COSTA MESA CA 92626 An "ar ate or the Intal pnre of said labor. serricm equipment or materiah is: 4,392.36 ***NOTICE TO PROPERTY OWNER*** IF BILLS ARE NOT PAID IN FULL FOR THE LABOR, SERVICES, EQUIPMENT, OR MATERIALS FURNISHED OR TO BE FURNISHED, A MECHANIC'S LIEN LEADING TO THE LOSS, THROUGH COURT FORECLOSURE PROCEEDINGS, OF ALL OR PARTOFYOUR PROPERTY BEING SO IMPROVED MAY BE PLACED AGAINST THE PROPERTY EVEN THOUGH YOU HAVE PAID YOUR CONTRACTOR IN FULL. YOU MAY WISH TO PROTECT YOURSELF AGAINST THIS CONSEQUENCE BY (1) REQUIRING YOUR CONTRACTOR TO FURNISH A SIGNED RELEASE BY THE PERSON OR FIRM GIVING YOU THIS NOTICE BEFORE MAKING PAYMENT TO YOUR CONTRACTOR, OR 121 ANY OTHER METHOD OR DEVICE THAT IS APPROPRIATE UNDER THE CIRCUMSTANCES. DATED 03/12/2002 nI KELLY BROWN ORI_(iftIAI, 02 REPIITEO ORIGINiAf. COMML-Mit I.C.E. 2973 HARBOR BLVD., STE 516 COSTA MESA CA 92626 7'ltl'ti'17 R1'DX it) IYIfH 71 R7PLY-NU AL MU.%(:)i OWNEFM* ARI: P YABIJ,' *****PLEASE ISSUE JOINT CHECKS***** awaaasatia�7VL'� til .. �� P.O. Bax 33140 tom.• -n; Riverside, CA 92519 • a 7108 1176 8852 1038 12+3 IMPORTANT CALIFORNIA PRELIMINARY NOTICE CITY OF FOUNTAIN VALLEY - 10200 SLATER AVENUE FOUNTAIN VALLEY CA 92708 �i� 8�� #3 3a q $ ��l�rrrl�l��rlr[j�Jrll(fll el{`rf{rl{1rrriF�rllrrlrr]l�l1lrllellrrlilt�� 1 lIIE 1 FIIF 11i11I11111111IIIII�II�IIl�111�1111�1�11i1�1[� N WILLDAN ASS4PLANNERS DAILY CONSTRUCTION REPORT ENGINEERS AND PUBLIC WORK5 DIVDAY: s M w rFr F s WEATHER PROJECT `—M�ALSr9rr� C,-" ,ranch fS TEMP JOB NO. u WIND CLIENT C '►r, CONTRACTOR L HUMIDITY PROJECT MANAGER eRrrE SUN CLEAR OWRCASr 11 RAM Remarks 70 32 3M WTD 70aS a5 UP gnu MOO NIGH F~ No. I 1 `LL OR. MOO I HOMO AVERAGE FIELD FORCE Name of Contractor Non -manual Manual Remarks VISITORS Time Representing Representing Remarks EQUIPMENT AT THE SITE CONSTRUCTION ACTIVITIES h�,wL-�..r�_a c� QCs-•ti.a-S, �'U G• �o-� `F -e�•C.r ,- �,.A " ` n ��►-co 1 �P dS P -10f I WSte" KC-msftcum Observation fama.wpd TITLE CITY OF FOUNTAIN VALLEY 1 =.'[' SLATER .AVENUE ► FOU-NTAIN VALLE). CA 0270,-4.=3o • r714) 593.44,'C, F.4.% i T143 March 27, 2001 0 - Jamal Deaifi IEC 2973 Harbor Blvd. #516 Costa Mesa, CA 92626 SUBJECT: PROJECT NO. TI2796; CONTRACT CON -01-24, CITYWIDE SIGNAL IMPROVEMENTS Dear Jamal: At the direction of William Ault, Director of Public Works for the City of Fountain Valley, I am enclosing a claim for damages which was received by this office on March 27, 2002 regarding the subject project. Please forward this claim to your insurance company. If you have any questions, please contact the claimant directly. Thank you. Sincerely, �1 ILL Jane Irvin Deputy City Clerk Enclosure c: Director of Public Works City Engineer City Manager/Risk Manager Dale Craig Jansson 17460 Dixie Ave. #13 Fountain Valley, CA 92708 STOP NOTICE CrrYOFFOUNT�4INALLEY r LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS MAR 2 7 2002 (Public or Private Work) CITY CLERK'S OFFICE (Per California Civil Code Section 3103) To: i' f?Y Or F0%.;NTAiA1 1�ACLrEms_ Proiect: Fir11,SiipNAL pRo✓ PQ, �c- ( AYE Or OWNIA. FMOC par OR CONSTRUCTION OUM HOLDEN) INaMEI l 15I.oa S LArr& _ Avim_ -� IAOOIrESS ,N DINECTEO TO A IANC M EAYIN6S AW LOAN ASSN.. USE 'CONES.S OF IAANCN NXDM FUZ) IADORESSI f=�, �rAr,1,+ rfacfrEw . CA 92101t' L'. CAL 2 220 1 ITT. STATE ANb rnlI F STATE ANO >yl TAKE NOTICE THAT er<A..E . 1.g,Af S+>vDv KCAL �tir 5�'�'}A, 5'G12Lis,r G AYE OF nASON M rEMA [LAFIMe no "NOTIEi. LICENSED GONTRACTOAf NW IAF TIFF LMWR WKVN CONTRACTON'S MCIN R 65YEO1 whose address is 11. 5 L_ l� . 11 4 _ST 1ltPL &to l Cs! q l � Q to t � Ar . IAaM U OF PIXWN CO FSE CLAMYIO STOP NOTICE) r , has performed labor and furnished materials tar a work of i%�provemant ascribed as follows: i E L� iJ pi Ext 5 r i c L cy ri T- Pa LES 1E Lac INAYE AM LpCATON OfTME FROJECT VAGM WORK ORYATEMALS WERE FLeM{ENWI ^� , The labor and materials furnishefd by claimant are of the following general kind: 14to6ELCEL.dLAC. . tKMW OF FASCIA. OW4XES, 20LAPILENT, OR MATFMALS FLNOMSrCD M ArAEEo To SE nIRRNSMO ET CL&MANTI • T^T The labor and materials were turnishe4 to or for the following party: _C. CF C J Total value of the whole amount of labor and materials agreed to be furnished is: ......................... $ The value of the labor and materials furnished to date is: ........................................... ................ S (e Clamant has been paid the sum of:., .................................................................. ................. And there is due, owing and unpaid the sum of:....................�p $ You are required to set aside sufficient funds to satisfy this claim with interest, court Costs and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this project which are in your in'. FIRM NAME:By: i g—Z (NAME OF STOP NOTICE CLAMANTI IOWNSR M AGSM Or STM NOTICE CLAIMANT MUaT rroN NM AND YIAIFY BELOW) VERIFICATION ine undersigned, say, I am the the claimant C'PMSOEMT 01F.' 'MAK40in OF,"A PANTHER Or,' DWIIR OF.' *AOINT Or,- tTC.I named rn the foregoing Stop Notice; i have read said Stop Notice and know the contents thereof; the seine is true of my own knowledge dec+are under penalty of peryury under the laws of the State of California that the %%foregoing is true and correct. Executed on 3j '��j ��at _iOyN�A.IwJ Yi�l/ `� TI.l7, Ina TE TWS DOCUMENT W S saoraey #NAME OF CRT AND STATE wrilor NOT= OOliol IFIREONAL N7 TUNE aF TINE INONIwaI Miro A WEAAFR TK4T Tia COMTFNTS OF STOP NOTICE ANE TMAJ REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 3159, 3161 , or 316 1) 11 an election Is made not to withhold funds pursuant to this stop notice by reason of a payment bond having been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election in I neenclosed pre addressed stamped envelope. This information must be provided by you under Civil Code Sections 3155, 3161, or 3162. Signed ICLAArANI MUST INCLOSE SELF-AOOREsstO IT&NIFFo ENYELOKI wuLw++n EPUMP,t &4 Mev. J- S4 (pnce CIGSS 3A) STOP NOTICE 1994 WOLCOTTS FORMS, INC. Before you use this form, reed it, fill in Ill blanks, end make whatever changes are approprlateandnecessiry to your particular transaction. Consult a lawyer it you doubt SEE REVERSE SIDE FOR A001`710NAL IMFORM/LTiON, the form's "tnessfer your purpose and use. Wolcott! makes no representation or warranty, eRpreis er implied, with raape6t to the merchantability M fitness of this form for an intended use or purpose. CITY OF FOUNTAIN VALLEY `LATER AVENUE • FOIWTAIA' 1ALIL'K C -A 4'ir . 1,1 1-11 -;f ;_Ja , March 27, 2002 Jamal Dealfi IEC 2973 Harbor Blvd. No. 516 Costa Mesa, CA 92626 Dear Jamal: We have received a stop notice against your company from Gary Steele dba Industrial System Services regarding Contract No. CON -01-24, Project No, T12796, Citiwide Signal Improvements. Until we receive a "Release of Stop Notice" from Gary Steele, no monies can be forwarded to you. Enclosed is a copy of the stop notice for your information. Sincerely, 42;r'�- &-�� ILI' Jane Irvin Deputy City Clerk Attachment C: Public Works Dept. Finance Department Gary Steele Dba Industrial System Services 1666 W. 11 t, Street, Unit A Upland, CA 91786 April 1, 2002 CITE' OF FOUNTAIN \'ALLEN" 1,1200 CI \ I I-" 41 1 \' P - I k 11 \I %; \ %:V.1 I:5 t ", y_':,.t -#'36 - r.'14, ;v; a -i_'. .' ;' — c -J4"' Mr. Jamal Deaifi Inspection Engineering Construction 2973 Harbor Blvd. #516 Costa Mesa, CA 92626 SUBJECT: EQUIPMENT STORAGE AT THE 18240 WARD STREET Dear Mr. Deaifi: T12796 C Inspection Engineering Construction (I.E.C.) was granted permission to store equipment for the City of Fountain Valley Project No. TI -2796 the City -Wide Traffic Signal Modification. 1t has come to my attention that I.E.C. is storing equipment and parking vehicles for construction jobs not for the City of Fountain Valley at the old City Yard located at 18240 Ward Street. Please be aware that I.E.C. was not granted permission to store equipment or vehicles for jobs outside of Fountain Valley. The City of Fountain Valley will be locking the facility located at 18240 Ward Street on April 3. 2002 at 5:00 PM. I.E.C. has until this time to remove all of your equipment and vehicles. Any equipment remaining after April 3, 2002 will be disposed by the City of Fountain Valley and billed to I E.C. If you have any questions, please feel free to telephone me at (714) 593-4517. Very truly yours, CITY OF FOUNTAIN VALLEY l f Jose Afire ,Assa�:,ate Engineer J:-. ie of Pub4C works �u�' c 'Aorxs Inspector 4!2/02 Jose Alire, P.E. City of Fountain Valley 10200 Slater Ave Fountain Valley, Ca 92708 Reference: Traffic Signal Modification Project # T12796. Subject: Liquidated damages. Dear Joss: The intend of this letter is to stop the liquidated damages for the above project for the following reason: 1- The services pedestal at Talbert and Bushard, city building department requiring items to be corrected never been mentioned on any correction notice that been issued to IEC. 2- IEC strongly disagree that liquidated should be enforced what so ever, as you know we attached a copy of the signal heads delivery date from JTB with our submittals, the schedule shipping date was September 14, 2001, the equipment was not at JTB on time (Lingo) because of the manufactures did not meet the de'ivery date for Lingo Boxes, IEC should not be responsible for any actions cussed by the manufactures delays, IEC will like still to get an extension of time for that reason, I included a letter from JTB regarding this, and all the packing slips, the shipping of the materials started on November 26,2001 for all the signal gear including the Lingo boxes. I attached a letter from JTB explaining the reason behind the delays in shipping the materials for IEC and why the materials did not meet September 14, 2001. Section 6-6.1 in the green book (delays and extension of time), page 26 second paragraph the contractor is in title of an extension of time with a documentary proof for materials delays. If you have any question please call at 714-240-9272. Sincerely 2973 Harbor Sid #S16, Costa Mesa, Ca 92626 (714 -140-9772. Fax (9A9) -W-8930 . ta¢tase # 767793 Inspection Engineering Construction (I.E.C.) Project TI2796 Minutes April 3, 2002 Attendees: Jamal Deaif, I.E.C. Mark Lewis, City Engineer Jose Alire, Associate Engineer Keith Laster, Willdan Tom Murphy, Willdan Jann Zara, Secretary The meeting began at 2:30 p.m. with Jose Alire stating that the City had received I.E.C.'s letter and that everyone knew the rules of the game with that contract. Jose said the City's position right now was that it was in I.E.-C.'s best interest, and definitely the City's best interest to finish the job. Jamal: We will finish it but in order... Jose: We want to close it out Jamal Okay. Jose: We realize that there are these issues of liquidated damages. We realize that there are issues of change orders and right now, as of tomorrow, the liquidated damages will have totaled $8,750. All the change orders are $8,050. Now, this is what we want to present to you. Right now the change orders haven't been processed through Council, but what we have from you, which you have submitted to us, the numbers are the same. Jamal interjects, I know exactly where you are going with this. Jose; Fountain Valley would like to clear this project out Friday. Jamal This Friday? Jose Friday, even though we have a few things left Jamal: Tomorrow morning I am taking care of the concrete and that will be done and the service at Talbert and Bushard. I have no idea what the address is. I need the address of the service. Jose said he would get the address to him. Jamal I know what the offer is. Jose: Okay, you know what the offer is. We will swap and make the liquidated damages go away. Jamal: No, I am entitled to change orders. That is in my contract, by the Greenbook. You know the rules, if I am wrong correct me. I am entitled to a change order to extend my contract because of the delays of equipment from the manufacturer. They sent a letter saying yes the materials have been delayed. 2 Mark: It's not our job to tell you how to run your job. Whether your materials are delayed or not it is not our problem. Jamal: Every agency has to extend that contract time because of the delays. This is in the Greenbook. Mark: Material delays, if you read it, issues in delivering materials like manufacturing strike, or materials not available, whatever, are out of your control. Jamal: Your right. But I sent the letter. Mark: But the sad thing, if you ordered these materials at the beginning of the job as opposed to mid -way through the job you would have the materials at this time. Jamal: We have the in August and this is because of the submittals, if you had approved the submittals which is the way it goes. (Conversation not transcribable). Mark: That's right. Its incumbent upon you to do all this stuff in a timely manner so you are not jeopardizing your contract time. Jamal: I did. I met all the times to submit my submittals. Every time I never been delayed or anything, but this is out of my control, that the manufacturer overloaded himself with orders and could not meet the deadline for me. It's not in my hands. Mark: It's not in ours. Jamal: That's right. That's why it has to extend the time in the contract. Mark: I don't know. Jamal: When you go to City Council, you can meet them with this and nobody is going to disagree with you. Unless they want to sue the manufacturer, go ahead. But this is a common event in traffic signals among these lead items and that's why the City will extend time. Mark That is why we have 120 days to get the material ordering and delivery built in to the 120 days. You didn't need the 120 days to do this job. There was 120 days built in so you could have the materials at the head of the job, work through the job, and by the time the materials are ready for vou, you could come on and work with the job. Jamar We did, Mark. Mark It your going to get in to splitting hairs over how many days this or that, I want a lot of days back for the Warner/Newhope and the Euclid service work we deducted from you. Remember we allowed .you to bond for a lower amount in consideration for that. I haven't asked for one day back for deleting that work in good faith. Jamal You should have done that at the very beginning; it would have changed the rest of the schedule Mark: It doesn't matter. If you're going to include faith, all right, if you're going to add a little time here ............. Jamal: I have too. Mark: Then I want my time over there. Jamal: That's fine. Did you present me with an official letter? Mark: I don't have too. Jamal: Mark, you cannot say that, you cannot come at the end of a job and say, Okay, I'm going deduct all this time for this. My route of schedule is going to be different. Instead of having five guys on the job, I'll have ten guys on the job to meet the bid item. You cannot come back and tell me this now. Jose: Jamal, your coming at the end of the job and asking for time as well. That is what your letter states and we also have a letter dated February 27 saying that you basically wanted 10 days, 1 think it was, of extension to finish the job. Here we are 35 days later and your still not done. Jamal: Yes, and that's because.— Jose: .. ecause....Jose:.. and never ever was that mentioned when we're a few days away from ending the contract that you had mentioned problems with material and that was causing delays. Now, if you go back to the Greenbook and read it and continuing reading down it says you are to notify the agency in a timely manner and tell them that these are causing you delays and the job will be extended. Jamal: You know it, Jose. You have been in contact with JTB and you know that there has been delays. You know that the material has been delayed and you know that. Jose: That's not what I understand. There are other issues there. Jamal: There are other issues and I don't want to get into other issues, but you know the materials have been delayed. And that's why you called JTB straight instead of talking to me. Jose. There were issues I found out that were none of my business. Jamal: Did you find out that the materials have been delayed? Tom Murphy: The point is, Jamal, is that your lacking the documentation or the correspondence to say why the delay happened and why you need the time. Jamal I'm not lacking anything. Jose Back in December or November you should have come to the City. Jama! But I never knew that this was going to get me in bad. I never knew the City is going to charge me for the damages. Mark: The jobs not done. 4 Jamal: Where's the job not done. We're talking about concrete, the patches in front of City Hall, and the service. The service is a different case by itself. Mark: Answer the one question. Is the job done as we sit here today? Jamal: Is the job done? No. Mark: Okay, that's it. Jamal: Right, the job is not even going to be done for a while. Even after I finish all my punch list, it's not going to be done, You know that, he knows that. Why? Because of Edison. Is the job going to be done? I'll come back to you and I'm going to tell you, is the job done? You charge me for liquidated damages. Jose: One thing we didn't mention was if you agreed to this the clock will stop ticking on Friday on the liquidated damages. We realize that Edison still needs to move in and do that and there will be time in there. Jamal: I still have to trove back in. Keith: He was going to stop the clock on you. Jamal: Why do you want to stop the clock for Edison and you won't stop the clock for me. Keith: No, he's stopping it for you. Mark. We are negotiating with you right here an offer. Jamal: Why didn't you stop the clock a while ago. Mark: Because your not done. Jamal What do you mean I'm not done, because of the concrete? Jose. When did he start on punch list items? A couple of weeks ago. Keith: There have been virtually, outside of him coming out that day at Bushard and Talbert with Marteen. I believe it was, trying to get that fitting on the back, 1 haven't seen anybody over two weeks. Jamal Why should I be charged all this time for something that I cannot do? Mark Have you satisfied the punch list? Jamal: Keith's punch list? Mark: No. The building departments punch list on the electrical item? Jamar When they make up their mind I will. No, because every time they come up with a different item. Mark. Have you satisfied the post punch list? Jamal: Definitely. Every time they come up with a different item. Mark: If the inspector for the building department, David Kovacs when out, forgetting this one over here, and looked at the punch list would it be approved? Jamal: I did it a long time ago. Keith: No, I looked at your conduit today when I went out there and did a survey for the LED's where the conduit comes in at the bottom. You still never put that bushing in. Jamal said, right because he never said to put a bushing, he said to clamp the conduit. So we put a clamp. Then he said no, I don't want you to put a clamp, I want you to put a bushing. I tried to call him, to meet him in the field several times, called for inspection. That's fine. Why I should be punished for all of this? Mark: I want it done. I'm not going to hang you for this new inspection. Jamal: Of course, this is the main, all this liquidated damage for that stupid service, and I knew from the beginning it would be a problem. Keith: The concrete and the welding of the poles weren't done. Remember, because you said okay I'm not going to get a welder, I can't get anybody to weld it. So, I went and got a quote saying another contractor to weld the poles and it was $250 a pole. What, no way, 19I take care of the pole. You were already in LD's, you were working on punch list items and then you sent a welder around and you finished welding all the poles. The concrete stili isn't done, the job is not bought because your still working on punch list items. It's been like that with every contract I have worked with. Jobs done, you tell me, I'm ready for final inspection. You have a punch list and when every item is satisfied then the job is done. So, it's not done. Mark- What we are trying to do is trying not to get into a hostile situation; we're trying to work with the interest of all here to get the job done. Get the job done, and I don't mean just the work, clear the project. Go our separate ways. Finish. Get all the paperwork done, get all the stuff done, and I can tell you Jamal, there is no way that the job is complete as we sit here today. You're in LD's. Jamal: You decided to put me in LD's. Mark No, you signed a contract for 120 days. Jamal I will take all this paperwork to my lawyer and he'll find a way that I'm not suppose to be in LD's. Bank on it. I will never be in LD's because of this, never, okay? Never. There was a lot of change orders that I was entitled and you guys, said no. I ate it and I kept moving on, moving on. At the end I'm not going to eat this, Mark, no way. Keith Since I have been on the project, out of 18 change orders that I worked with only 1 was denied. 17 were approved and I haven't seen you guys do any extra work that you should have got change orders for. Jamal responded, I understand rl Keith: Remember, Magnolia and Talbert? You said $4,800. We needed it done right away so I said to Jose have I.E.C. do it. You got it. Jamal: That's right, but there are still a couple of things that I was entitled to and didn't get it. I lost some money I didn't say anything about it. I didn't say anything about it, I kept moving on, but at the end I'm just asking for an extension of time because something happened at the beginning of the job not in my control. Jose: Again, the position I take is the job is not done as part of the contract and we are enforcing that. Don't think that it's costing you money. I have to pay these guys to be around and right now 1 have an additional invoice for $8700, above and beyond what their contracted for because it has now gone over the 120 days. That's why I thought our offer was a good sound offer. We will stop the clock ticking, we will pay this invoice, we will fix our bumed out controller cabinet which is at Talbert and Bushard. We will take care of it, we want it. Our goal was not to have any liquidated damages on there for you to reflect bad on I.E.C., and to close the project out clean. As you have known the whole time, I have a very tight budget on this and you have heard me grumbling about that, and you know, I have to figure out a way to pay this lin order to come away clean, and go our separate ways, as Mark said, and have a good project done and no negative impact to anyone. That's why we came up with this offer. Jamal: If I agree on this, you're going to stop the liquidated damages, right? Jose: Friday. I will have a final closeout agreement for you on Monday moming. Mark: t_D's? Jamal: the job is not completed yet. Marls: Your missing the point here. The point is, let's pretend they don't even exist, there's no $8.000 of change orders or anything. Your $8,500 in liquidated damages, we still want to stop the clock Friday. Jamal: Yes. Whether the clock stops Friday, I am going to finish the job Friday. Good. So it's going to stop? Mark: Okay good. So it's going to stop Friday. There will be a recommendation to the City Council. Here is the contract, here's the final accounting for the project, including $8500 liquidated damages which will then be deducted off the retention, the final payment. Okay, so rather than go through all that, here's the end of the project. That's gone, those are gone, and there it is, its over. Keith And were even. Jamal No, say whatever you want, that's your point, I'm protecting myself. I'm entitled to an extension of time, and it's as simple as that by the Greenbook. Keith The other thing. I have seen several invoices from Peek, remember Bushard and Talbert was in flash and you guys couldn't get it fixed, that was about $500 and Jose is taken care of that. Jamal: IT pay it. I don't want anything from the City. Something I did wrong, I'll pay it. That's no problem. Keith: We're just trying to shake hands and say good, were even. Jamal: I'll shake hands. Mark: Believe me, Jamal, in -as many years as I have been here working on jobs, the City's position regarding liquidated damages, there is a good faith that were getting this job done, a little bit here, there, we don't do this to make money. This job has dragged on for a month over and these guys I gotta pay and that's an impact to me, created by the fact that your job is not done. And I'm not going to pay them money to hang around waiting for you to finish the job and your just dragging on. Just finish the job. Jamal: I can't, Mark. Mark: You can. What do you mean, all this time, what is that concrete sitting out there? Its been sitting out there two months. You asked us to get a quote, that's not even my job. I wrote Jose for even getting involved in it. It's not my job it's your job to figure it out; Jamal: I don't want to do it, so what are your going to decide? Mark: The job's not done. Jamal: I cannot satisfy your standards for that concrete work. What are you going to do, keep the job running? You're going to stop the job one way or another. Mark: Here's your option. If you can't do that, we want that in writing. We will get a quote and that quote, whatever it is will be deducted from your contract when they finish the work. The last I heard was we got a quote from B & T for $4,000 and you said no, take a flying leap. If you don't like that then its your problem and the LD's continue. The balls in your court, what do you want to do? Knock the $4,000 off and we'll do the work and will forget about it. If you don't like that and you can get it for $2,000 go ahead, and it will take you 8 days to shop that and pretty soon the $4,000 will eat the $8,200 plus 8 days of LD's. Its up to you, what do you want? The job's not done. There is no direction from you as to what you want to do. Keith: I tried. You said you can't weld the poles, and I went and got other estimates for the other poles like you wanted me to do. You said, no way. You're out the next day welding the poles. You said you weren't going to do the concrete, you can't satisfy the City. Jamal: Welding the pole, you never specified that in the specifications. Keith- It says it in the Greenbook, any relocation. Jamal The City should look in the Greenbook for the delays as well, Keith,•but it also says, as Jose said, down below in the paragraph below it. The Greenbook will oversee that. Mark: Read your contract. Jamal: The Greenbook will oversee that, Mark. Mark: Read your contract. Jose: You know our position; we are giving you the options. We have the issue of liquidated damages here versus your change orders. We have the issue of the concrete out there. We have a quote, I put it in writing, you need to tell us what you want. If you can, put it in writing. Jamal: IT make an offer right now, My offer.to you. I will install you a new cabinet at Susharo anc Talbert. I'll install it and get it running to close the deal. How's that? Keith: What will we call even? Jamal: Everything. Jose: Well, I don't fully understand, what does that mean for the concrete out here? Jamat: This is going to be taken care of tomorrow morning. If not today early momrng I am going to get the service ready, finish, call in for inspection. I'm done. Between now and tomorrow everything is done. Now we are talking about this. I'm making -en offer regarding the cabinet at Bushard and Talbert, cause I promised you before I would take care of it, but I never gave you a price. I never did anything. I'll take care of it. Keith: Your going to put in a brand new 'P' cabinet in there? Jamal, Not a new one, tested. Jose: Jamal, we have these issues and we have made an offer to you. put it in writing. You have this offer, but 1 strongly urge you to not waste a lot of time. We are looking to put this project up quickly here. Jarnal: Okay. Jose: Our approach was we have amounts here, but if you respond to that we need that response in writing. Mark: So you're saying new cabinet, no LD's. Jamal: No LD's. This is good accounting, give me my money. Mark: Okay, I just want to make sure I understand the full context of what I heard. .ramal: Give you a new cabinet, that's taking money away from me. Mark: That's what you heard articulated, your inside offer that's all. Just a question. I'm not making a judgment on it; I just want to understand the whole breadth of it. Words left unsaid became problems later, and 1 want to make sure. Jose: I will assume that you will tell us in your letter when you will get the cabinet in and how much time its going to take. I still have to pay these guys. Jamal: What is wrong with the cabinet? Keith: There's a tracer burned off the board, I betieve. The parts are not available for that cabinet. Jamal: I'll get you a new cabinet and put it in. Keith: It's got to be `multisonics' and up and running. i I.IL COMPANY . April 15, 2002 I sr NATIONAL INSURANa COMPANY OF AMERICA ATTN: SHAWN BLUME- 2677 N. MAIN STREET, SUITE 600 SANTA ANA, CA 92705-6629 RE: BOND NO. 612244 PRINCIPAL INSPECTION ENGINEERING CONSTRUCTION SUBCONTRACTOR AMICALE CONSTRUCTION OBLIGEE CITY OF FOUNTAIN VALLEY PROJECT CONTRACT NO. 01-24 PROJECT NO. TI2796 TALVERT & BUSHARD FOUNTAIN VALLEY, CA To Whom It May Concern: Penhall Company furnished labor, services, equipment or material of the following general description: GC, A/C, Sawing, Coring, Breaking, Removal &Demolition to AMICA�E CONSTRUCTION on the above referenced project. The dotal due on this project is $1,213.5 . We would like to pursue our rights under the payment bond posted by INS ECTION-ENGINEEBING -CONSTRUCTION to collect the amount due. Attached you will find all documentation to support our claim in the amount of $ 1Y .�, 1�. Thank you in advance for your prompt attention to this matter. If you have questions or should need further documentation, please call me at (714) 578-3242. ince ly, on a Y. ucke ��� Offi Man er Cc AMICALE CONSTRUCTION CrTY OF FOUNTAIN VALLEY INSPECTION ENGINEERING CONSTRUCTION NOTICE TO PRINCIPAL AND SURETY ON PAYMENT BOND ON PUBLIC WORK (CIVIL CODE 3252 & 3243) TO: INSPECTION ENGINEERING CONST. P.O. sox 8941 -- NEWPORTBEACH, CA 92658 To: I- N: '6n&VAL &--Wmi%MERICA BOND NO. 612244 2677 N. MAIN STREET, SUITE 600 SANTA ANA CA 927Q5-"29 QY�rl A4drm aFSve71 . You, and each of you, are hereby notified that PENHALL COMPANY 1801 PENHALL WAY ANAHEIM, CA 92801 (Neel07e -Few F -. q Lmb-&mm Egw,w w ar Mme d) has furnished labor, services, equipment, or material of the following general description: GRINDING, CIC, A/C, SAWING, CORING, BREAKING, REMOVAL & DEMOLITION (C-4.9 ""Aapr 7lA16n. &e Egwp m a AftffW) for the building, structure, or other work of improvement located at CONTRACT NO. 01.2( PROJECT NO. T12796 TALBERT & BUSHARD FOUNTAIN VALLEY, cA (Ad:sr. sue 54k. f . M.NO.M.0 . The name of rhe nemnn or firm who cnntraeted for the purchase of such lahor_ service- ____-�-_ _�_.... V•'.'��rw�.wwww\-:/AI//Iii//11.1\\\\� IRE CEIVED r STOP NOTICE CITY OFFOUNTAIN VALLEY G LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNIVR 17 (Public or Private Work) (Per California Civil Code Section 3103) CITY CLERKS OFFICE To CITY OF FOL'N•TAiN VALLEY ATTIN: CITY CLERK Protect CONUACTNO 10200 SLATER AVENUE PROJECT NO T72796 TALBERT d SUSHARP n.00lleM r oweoheo ro s skrr es s..kw:s •eo sow •sari nR +oases a w•rrw ro.Tew: wog .edea+ FOUNTAIN VALLEY, CA 92708 FOtNTAIN VA1_LEY, CA 92705 TAKE NOTICE THAT PEN14ALL COMPANY .rrs v ua resMea rsr a.ra rre sroF tura. uviern oaa►hcross raT,as ne a.r,wce.,,.r7-ca.T;,.--•rs:xr,se . s+_u whose address is 1801 PENHALL WAY ANAHEIM. CA 92801 vaeeeu er.n.arar�r n..sa roru has performed labor and furnished materials for a work of improvement described as follows- CO\-MkC-r NO 0;-?, PROJECT NO. TI2796 TALBERT &: B1ISHARD FOUNTAIN VALLEY. CA 92709 r.ee.ro,...•py, or rre rsaacT Mrssweir a rkrews raw nsekren, The labor and materials furnished by claimant are of the fallowing general kind: GC, AZSA WING. CORING, BREAKING, REMOVAL - DEMOLITION aro •a•ewpT, The labor and materials were furnished to or for the following party: �^ AMICALE CONSTRUCTION 1821 MARLBOROUGH AVEN E RIVERSIDE, CA 92507 Total value of the whole amount of labor and materials agreed to be furnished is - The value of the labor and malenaks furnished to date i5: Claimant has been paid the sum of - And there is due, owing and unpaid the sum of: You are required to set aside sufficient funds to satisfy this claim with litigation, as provided by law. You are also notified that claimant claims an egyi project which are in your hands. `!]� FIRM NAME: PENHALL COMPANY rre a• rare edrxa nArem NIA S 1.213.50 I. Court IS and reasonable costs of age st any onslrurtion funds for this VERIFICATION 1, the undersigned, say: I am the AGENT OF -"OFFICE MANAGER" the claimant rweemn p- W.Wlk ar.' A I.11111e10•' 1>rM•e as.•'rwivr. v •Vre' read id Stop Notice and know the contents thereof; the same is true of my own Y. named in the foregoing Stop Notice; I have knoeAedge. I declare under penalty of perjury u r the Executed On APRIL 15 stateof y that the foregoing is Nue and correct .at ANAHE CALIFORNIA Y REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per California Civil Code Section 31 59, 3161, or 3151) If an eleWon Is made not to withhold funds pursuant to this stop notice by mason cf a payment bond having been riacorded in accordance with Sections 3235 or 3162, please send notice of such election and a copy of the bond within 30 days of such election In me aisles O Pnaeeresy ed Clamped envelope. Ties arrdrmeeon mist to on.~ M you under CMI Cade S*e & 31 59, 3161, Or 3162 Srynee ra.r.srw.rexawe sW+soewsan•revnsxva.n w ULLrJI r] FURM 09A. Rev }ale tonne Glass 3AI STOP NOTICE fDlaak WOLCOTT$ FORMS, INC Betpe you uae rhrs roan read a MI m m GarMs. tied make uanleker Fere epprmwe aria nedaafar- rannaleosr ire.rraprm CiarliWl a Mvrer Iryou oauEr SEE REVERSE SIDE FOR ADOMONAL INFORMATION. N° rarm s ' la yoVr Pon asa aria u wamns makes rro nprpsem+ean or welmry. e.Pless a .meed veru Msoed ra me merpwnMheq a Mnaea W eas tar., }a on —iii as Uae p PJrO m ha+°�v"ryq> CITY OF FOUNTAIN VALLEY 10200 SL ATER AVENUE - pouNT-Afs VALLEY, CA 921M4736 • f714) 593-44,1:. FAY. (7 11) 593.4+9? April 17, 2002 Jamal Deaifi IEC 2973 Harbor Blvd. No. 516 Costa Mesa, CA 92626 Dear Jamal: We have received a stop notice against your company from Penhall Company regarding Contract No. CON -01-24, Project No, TI2796, Citiwide Signal Improvements. Until we receive a "Release of Stop Notice" from Penhall, no monies can be forwarded to you. Enclosed is a copy of the stop notice for your information. Sincerely, �� A Jane Irvin Deputy City Clerk Attachment Public Works Dept. Finance Department Penhall Company 1901 Penhall Way Anaheim, CA 92801 Gins. GIDEN. LOCHER&TURNER LLP A LYxr1e uA4rl+r l•w r•arrlurN OMI CINTURT PLAZA 54TM FLOOR J011 CINTUA/ FARZ IAIT LOS ANGILIS. CA !0047-3011 I-ILI►MON1: 17101!51./40! IAC71MILI: (1401 $17-4845 IMTIRMIT: WWV#.OGLT.COA RIFLT TO LOS AMGILIS OFFICE LAS YIGAS OFFICE J/93 MOMARO MUGM10 FAI[w►Y Sunt %I@ LAS YIGAS, MY 84101 Till►MONI: (1131 174.1/00 FAC31M)L174701) 134.1411 AUTHOR'S *-MAIL: jUPSCMULTZeGGLT.COM "t1 NO. 11aJ.109 May 10, 2002 CERTIFIED MMI.., RETURN RECEIPT REQUESTED City of Fountain Valley 10200 Slater Avenue Fountain Valley, California 92708-0736 Attention: Ms. lane Irvin, Deputy City Clerk 9 E EIY C Mq y3"reiN� m'C 1p�? Re: Claim of Vulcan Materials Company Project: City of Fountain Valley Contract No. CON -01-24, Citywide Signal Improvements Subcontractor. B & T Works, Inc. Ca lat Com ett. 31114 T Works. Inc., etc— et sl. Orange County Superior Court Case No. 02 WL2820 Dear Ms. Irvin: This letter is sent pursuant to California Civil Code Section 3210 to notify the City of Fountain Valley that CalMat Co„ dba Vulcan Materials Company has filed the lawsuit refetumcd above to enforce the9iop Notice served by rt on diis project ou will note from your file that Vulcan Materials served a Stop Notice on or about January 11, 2002 in the amount of $6,646.57• Pursuant to the California Civil Code, the City of Fountain Valley is required to continue to withhold funds sufficient to satisfy the Stop Notice. Enclosed foryour files are copies of the Summons and Complaint with respect to this matter, and two copies of a Notice and Acknowledgment ofReceipt indicating service ofsame upon the City A rawnuLMrAt coarlM•nDN / ►ONITTID IY [AINO4M1• A N!r•pA • ADNnrm rN Nw►Da DNIr iw: rLz� Yt V •EwwrTw c aas . IaNrl L noNrcoM1•a R lDli•N n. 610FN IIiG L T4OF wILL1aN O. LOCN/l Cw11aG µrww f- T •OH[1 I IvOcl RE•ua . um•F wylD,l r. FAca AMr• IT III lrwD11 cwrMG lana n. L.—VIII 1DrarrAr L.Ioa1T1[ rrnapoar L. url♦ rxN.Al e[rI /•FEL L. rFuO uwMA T. GGIMAN EAxAAxa L VO/ON •wr L rVTCMlr1 "T1x I.Da. R[IAM 1. 111784 • A, L1•FMI . IOLNVw iINW RlCMa1D I. rY1TT/xODT TDNAI A {VENN LEOM r. HEAD 11 . !MOM i, w1lCOt . xOM•LD 1. LOF "AN MICw•[L L 6I111l C►RwLM 1. COLA wrcrut �. uDLr crunrlmra i. NG D•IT 1. LCAI.1a�F� FICRrA nMIAa• POLI 1. rAOIILA. IA_ �� 1TIrlN t CUNlO, Il. 01 CDYN31L IDMN I. Mi VIA la IDYN M. ITLMWI .—AIL 4ILrE•ACO aL/R!D IApll —.14 I. wAYr1 IANEI F. CAYIINCI• EINE! C- iFITN INaa011 fY.YfS 9 E EIY C Mq y3"reiN� m'C 1p�? Re: Claim of Vulcan Materials Company Project: City of Fountain Valley Contract No. CON -01-24, Citywide Signal Improvements Subcontractor. B & T Works, Inc. Ca lat Com ett. 31114 T Works. Inc., etc— et sl. Orange County Superior Court Case No. 02 WL2820 Dear Ms. Irvin: This letter is sent pursuant to California Civil Code Section 3210 to notify the City of Fountain Valley that CalMat Co„ dba Vulcan Materials Company has filed the lawsuit refetumcd above to enforce the9iop Notice served by rt on diis project ou will note from your file that Vulcan Materials served a Stop Notice on or about January 11, 2002 in the amount of $6,646.57• Pursuant to the California Civil Code, the City of Fountain Valley is required to continue to withhold funds sufficient to satisfy the Stop Notice. Enclosed foryour files are copies of the Summons and Complaint with respect to this matter, and two copies of a Notice and Acknowledgment ofReceipt indicating service ofsame upon the City A rawnuLMrAt coarlM•nDN / ►ONITTID IY [AINO4M1• A N!r•pA • ADNnrm rN Nw►Da DNIr GIBBS. GIDEN, LOCHER&TURNER LLP • LrrnEo •IY4�H uw /uryYr,r City of Fountain Valley May 10, 2002 Page 2 ofFountainVaHey. We request thmthe City ofFotmtainValley accept service ofthe Summons and Complaint by having an authorized=presentative sign the Notice and Acknowledgment of Receipt and tepun same to the undetmgued in the self-addressed envelope which is also enclosed. Please direct all questions or oomtneats concerning this matter to my attention at the above law office. Thank you very mach for your attention to this matter. Very truky yourstG.ZLOCIIER ] of BS & TURNER LLP r 3DL:csk Enclos�ues cc: Vulcan Materials Company (W/ends.) LAW OFFICES OF 2 3 HARPER & DMNS LLP 453 South G1aucJ1 Sums Orange. cammil 91866 Tdepbone: (714) 771-7728 I FAMNE LE COVER SHEET I CaNOMM. PLUWC4rr U'Si4AIW 7MYIF'YOUDQ %nrRWFJ;'ZA .PAGMMV7,. (71 0 771-7718 DATE: 5 ZZj02 TWE S£I"T: OPO ATOR: Rmdi corfm�•Tutm• .o73cc ca7-ss a11�,T� 1�CA7I0 wl Cft70.9 i7.C7a :72 usuq D•Y16 fll.l�, 71a s+tmunox CQY'I,t>� !Y 7107 7AC7wm a :'• n A77pC•lf T 1F117SGm AST K�= �"ti7LLL G4'GIYi�TY% ASEV'Z77a1 ilQ iY � 716 LST. ml'AL 7wT1TT xA13b AIIC:i 771st R>tAOQ O< 7107 !¢itA� Y rCT � L\7i�T%W 8£BIII.�T. OII ilY7 aR7.01>4 GIA,\T Ct77anMU 10 CElRYR 77 7o .:S P"l%m i1LCd---,T Y m An mCCY Ncrgw rdAT A.%T .Y7_ L1A71C� Jm7R7•g= Q CCVTM W TGS CCNW-lVa7)L n STWnY ft*Mn= T Tam MA%i 1{CC13%'= M Oft"-PCATM A V AL 71•... A?Q=A7nY •%D''DY 7-2 =Cn zt YnVMUty A?7 FXrM TM GIC31\A: \,Z M 7o Nwa A R•L•O W A7 TG Am.% A�MLn 17A "a ms R77µ 7g5701 AT aim LVVCW 71AV:.1•GU �( STOP NOTICE no io wrnm To now of nos IR. CST✓ t„1F �Ll. i�._iYP_�I�' �.�r�l�i--•r ----r_�-� �' rs. r n+e, srvs,r rw r WK �4n 1 ('�L'(: Jl!1Z �� /'7•.�=_ rrillA.TP'S,N ✓H �" i .?.'%i�1� OF FUNIC vwWw o u®Mr• wow," 1011 IE RAT N MIEO THAT IN Mosl cont. rhrrll�rWWYhM * r'I 0-1.11 fJrlr. eweea, aeewrL re,nrwhl %>f 11r'�LL--Er-IE[TT'aj,[�� --- - -- __------ - - - • tlatlr IwNW M aW, IehnL ara., r eerrN br.ts S.�•-_r+�t'Y+r.,.i �n.IC- cor,;Sr. ow, mer-vwp &helmCLeraenea- rr��■Iwwanlps LST4'�,rSt7r Tr`..AKF1 �L h: N, w''�11:'V� �^�n%Y�' • �n flC�tit= L F `1T t TAIgE2T plr.Waalireradsae.rrpaw.s.rn.n Rv dAtl�v +=A SZy<:c-1�VfaRS{%�i5 LUCA�T Tal rand a WE r pe aa1Y Moa to tw der r Irteaaa N e"Opt s t AF. Tae maw ■ ars r at *Wt Pae r Israaea by epaW a$ "7 comes ar Itl1 aid to on r ! �5 Ci i t". 7 i as p.1 Me On PI Brad tr Ire 00 +prat amm It rr ap Of—, C r. ret W w ,n.n p fr' T t ? `^ = •'C7" 1_ 1011 ARE KUM WrF U TO MINIM WTEM ROO S TO 341W TM MAN tmd DMWT. 1`qA✓ �f � ��ptT�r� (,{.�rrt:�tE^_sl,; tl�cT..2•L ttrr r c.rMt —Maas -ort - -- C/a llveC.L. SIATE OF MFOU M Cnurlra L.'. I�NIIEIC� a A. � i8 zac7 C77yCLEPKIS OFFICF - a1eLN at I..a a*= ar tfi Trt J. a Ir trarat rr � tr hgr+R ua N.Iit:1: tMt _.1,1 r and IY ats+ w pa+r rr .rdrw ttuel( Nae tla r I,-- re 10 arrt ■ N wt M~ v OM tm a" pro is mM a \_ W b" ad a r tYas acprt W Wep Jr aeYna ttaa p M tree. swe"U..d W aaa h irdn _ ass 7 �N1G�il=COX" Imo" / i i M�rals+q l►� ' ►1ilil araar prr Wi r.r. Manu CI'T'Y OF FOUNTAIN VALLEY CITY HALL 1020a SLATER AVENUE FOUNTAIN VALLEY. CALIFORNIA 02705 i 141ay 2i, 20112 W jow Dam caustructkm Mn Harbor Boula+asd. Suim 51.6 Coma Mm 02 arem 92626 Darllfr DaYL We= m mop of a wqdW for money rdamed to nap nc om &= wvWvmg Cary Project No. 71 2M Cotgm 01-24 (City Sigad Impm m o). The City 101P iltD a camoact with ym icf the d ave added wa& As you !maw, we haw had a mmt6tx of asap OOd= MWon this jab. Ptd 30 of the ammract provides as follows "Addmand-Qats Caamtw"be raapoasbb to ttycoWm the Cuy a stun ogwl to the cgemes af&60dsmbm and kgd a mim =qWn d to be wWwv d by the Chy in Rang Nubmt to WAbbold, Slap Notfaat, or am05r i*d doax mtS arsratg Dur of a Mm of the Caeara= to pay far Mbar atd t0tnrietSaid ob§Smm shall be provided far in the p5pow bond m*imd by the Cts. The City Shat Ra have the right to offm s" mch own aad opma irrartred by Qy qpm any mmmmg m Camra= ender the gm=aL" A=dwd phase fad a fist of the stop =W= dako— tbam have hied cd— and cmised the Chy tallto speed UM at taiWw eq=w-1 10 pWOM thane chime awed by duptmea between vnu amt year xfto martms. We wtod to pavide you with w acommm g oftbat bare and w withhold adddonw mo> . 8•am you to mvcr the taxpayer cost to pmamn these disputes betwem you cW yore• mbww tom This lane nay be z6s= i od idd0ded tmm by the Gry Clair oil PiAb Wolds vW tbeF=wm Dgwtmemt. Regedug the mast r,s = aOMPIWM fled qpm the Cay fir the am off6,646.57, the bier Wkmgthe 4y m Me a OMMIsim in mw*0m amd pay** mamey knD Cmut ad this is what I award to do. We we thea am ed to aur ammney's ibm in pmpariog, fte and paswmn3 the mrapieade. Code of Civil Proeedum Seetiars 386, 386.6(al Immobeftt=ttmt CAMP= 00 nr'Tt-sdn (1977) 143 Cai.Rptr. 153, Wit1mL 4tb Ed. C hkcr is PmorduM Vicod0lg", Section 216 a set{. lams) Deal6 Compbin on Stop Nodes May ZL 20M PRP 2 As yao as sty h is agamu yaw imam (and/or the subcomrraoes imam) to Oow these nmttas to go to amim You are, m dfbm pgmg as asarneys fees. Pkw Woe are of this uatto watmuc dairy sod V ywr aro able to prev= further coarplrittts b=* Mad tlat wadd amdy be in ycw manor 1 von to prepe ad Me the cmophn m msaplad r for the Vuko eawgleas so aditwW attorneys faea wM be;wd tine Gry lar on limgmm Varytrulyyon .- - 44� AMM R Buns MYAnw-y Cc: James D. Upsahulu Hst} City Of Fountain Valley,,, City Attomey's Office, TO: Finance Director FROM: City Attorney DATE: May 28, 2002 RE: Ca1MaVMC Stop Notice Complaint City wide Signal Improvement Contract TI 2796 Please prepare a warrant in the amount of $6,646.57 payable to the Clerk of the Court. We owe this stem as part of the consideration paid for the work done but there is currently a dispute between the general contractor and subcontractor. I intend to interplead the disputed amount into the Court as a "stakeholder" andel we should be paid our attorneys fees in doing so. tib Alan R Bums City Attorney ALAN R BURNS, ESQ., Bar No. 70328 Exempt From Filing Fees FOUNTAIN VALLEY CITY ATTORNEY Government Code Section 6103 HARPER & BURNS LLP 453 S. Glasseli Street Orange, California 92866 (714) 771-7728 (714) 744-3350 Facsimile SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE, WEST JUSTICE CENTER LBUTED JURISDICTION CALMAT CO., a Delaware Corporation, dba VULCAN MATERIALS COMPANY, CALMAT DIVISION, plaintiff, v. B & T WORKS, INC. et. al., Defendants. Case No. 02 WL2820 ANSWER OF DEFENDANT CITY OF FOUNTAIN VALLEY Defendant City of Fountain Valley answers as follows_ Defendant, the CITY OF FOUNTAIN VALLEY, admits that the sum of 56,646.57 is owed to either the original contractor - Defendant - JAMAL FAYEK DAELFI, an individual, dba INSPECTION ENGINEERING CONSTRUCTION or to his Sub-Coatrartor - Plaintiff - CALMAT CO., dba VULCAN MATERIALS COMPANY, CALMAT DIVISION. However, CITY OF FOUNTAIN VALLEY cannot determine which party is entitled to said sum, therefore the CITY desires to interplead this matter and deposit the sum of 56,646.57 to the court. Dated: Answcr HARPER AND BURNS LLP Alan R. Burns City Attorney For Defendant The City of Fountain Valley ALAN R BURNS, ESQ., Bar No. 70328 FOUNTAIN VALLEY CITY ATTORNEY HARPER & BURNS LLP 453 S. Glassell Street Orange, California 92866 (714) 771-7728 (714) 744-3350 Facsimile Attorney for Defendant CITY OF FOUNTAIN VALLEY Exempt From Filing Fees Government Code Section 6103 SUPERIOR COURT OF THE STATE OFICALIFORNIA FOR THE COUNTY OF ORANGE, WEST JUSTICE CENTER LiMiTED JURISDICTION CALMAT CO., a Deiavrare Corporation, dba VULCAN MATERIALS COMPANY, CALMAT DIVISION, Plaintiff, B & T WORKS, INC. a California Corporation, et. al., 17efendants. Case No. 02WL2820 CROSS-COMPLAINT IN INTERPLEADER Amount Demanded 56,646.57 (Limited Civil Case) Cross -Complainant, the CITY OF FOUNTAIN VALLEY alleges as Follows: 1. Cross -Complainant the CITY OF FOUNTAIN VALLEY, is a municipal corporation existing under and by virtue of the laws of the State of California. 2. Cross -Defendant, CALMAT CO., is a Delaware corporation, conducting business in Los Angeles, California, under the fictitious name of VULCAN MATERIALS COMPANY, CALMAT DIVISION ("CALMAT"). 3. Cross -Defendant, JAMAL FAYEK DAELFI, is an individual. conducting business under the fictitious name of INSPECTION ENGINEERING CONSTRUCTION ("IEC') in Orange County, California. 4. Cross -Complainant and Cross -Defendant JAMES FAYEK DAELFI, dba IEC entered into a contract involving city signal improvements in Orange County, California_ 5. Goss Defendant CALMAT is a sub -contractor of Cross -Defendant DAFLFI, dba IEC and performed work pursuant to said contract. 6. Cross -Defendant CALMAT Sled a timely stop notice in the amount of $6,646.57. 7. Cross -Complainant CITY OF FOUNTAIN VALLEY withheld money m the amount of $6,647.50 which would otherwise be due and owing for work performed pursuant to its contract with DAELFI, dba INSPECTION ENGINEERING CORPORATION. 8. Cross -Complainant claims no interest in the money except as a mere stakeholder in this proceedipg and desires to interplead this matter and deposit the sum of 56,646.57 to the court in compliance with California Civil Code § 3214 and Leathers y Insurance Comnanv v. City ofT:ratin 76 Cal.App. 3d 678; 143 Cal. Rptr. 153 (1977). 9. Cross -Complainant also desires to be paid its attorneys fees for filing and prosecuting the interpleader in accordance with California Code of Civil. Procedure § 386.6 and v. o 76 Ca1.App, 3d 678; 143 Cal. Rptr. 153 (1977). WHEREFORE Cross -Complainant CITY OF FOUNTAIN VALLEY prays for judgment as follows: (1) That the above named Cross -Defendants he ordered to interplead and litigate their claims to the money described in this complaint; (2) That the Cross -Complainant be discharged from liability to each of said Cross - Defendants with respect to said money; (3) That Cross -Complainant be awarded costs and reasonable attorney's fees to be paid from the funds withheld and to be deposited with the clerk of the court; and Cross -Complaint (4) For such other rcbcf as the court deems just. Dated: HARPER AND BURNS LLP Alan R Burns City Attorney Attorney for Defendant - Cross Complaamnt The City of Fountain Valley STOP NOTICES ECT NO. 1 Q (O CONTRACTOR'S NAM RD3gilitigr Ina. CONTRACT N0. Combany Name Date Nottce Recd Amount Date Notioe Released F)t 1 �rk5 1i-1- l l50 �1-�-at c. ftri a-14-oa 717.50 -* T- Lf a r5-- oa two J TF3 - 5�. 1 2 3 4 5 6 8 9 d 10 a a 11 a m 12 z a 13 a 14 x 15 v 16 17 SUPERIOR COURT OF 17HE STATE OF CALIFORNIA FOR TBE COUNTY OF ORANGE, WEST JUSTICE CENTER LIlVIITED JURISDICTION CALMAT CO., it Delaware corporation, dba VULCAN MATERIALS COMPANY, CALMAT DIVISION„ Plaintif, v. B & T WORKS, INC., a California corpartton; GIOVANNI NANCI, an individual; JAMAL FAYEK DAEML an CASENO. 0 2VL2 8 2 0 COMPLAINT FOR MONEY. ON COMMON COUNTS, ON PERSONAL GUARANTEE, ON LABOR AND MATERIALS PAYMENT BOND, TO ENFORCE STOP NOTICE [Demand for $8,205.87] FILED '4iA .fo�AG�UNTUROF�oil H:I iAF. td ti Lit 1T,1'.tt James D.Lippschulmz Fs ., CSB #104642 GIBBS, MEN, LQ&& TURNER LLP 2041 )1A 2029 Century Park East, 34" Floor iL Ll£A. CL[�F 0j 7k1 ��\1 Los Angeles, Callfornla 90067-3039 9LAH (310} 551-3400 d,�r Attorneys for Plaintiff " CALMAT CO. SUPERIOR COURT OF 17HE STATE OF CALIFORNIA FOR TBE COUNTY OF ORANGE, WEST JUSTICE CENTER LIlVIITED JURISDICTION CALMAT CO., it Delaware corporation, dba VULCAN MATERIALS COMPANY, CALMAT DIVISION„ Plaintif, v. B & T WORKS, INC., a California corpartton; GIOVANNI NANCI, an individual; JAMAL FAYEK DAEML an CASENO. 0 2VL2 8 2 0 COMPLAINT FOR MONEY. ON COMMON COUNTS, ON PERSONAL GUARANTEE, ON LABOR AND MATERIALS PAYMENT BOND, TO ENFORCE STOP NOTICE [Demand for $8,205.87] I Plaintiff complains of Defendants, and each of them, and alleges as follows: 2 3 OMA" ALLEGATIONS 4 5 1. Plaintiff CALMAT CO. ("CALMAT'D is a Dciawarc corporation conducting 6 business in the Counfy of Los Angeles, State of California under the fictitious name of 7 VULCAN MATERIALS COMPANY, CALMAT DWISTON. 8 9 2. Plaintiff is informed and believes and based upon such information aad belief 10 alleges that Defendant $ & T WORKS, INC., ('B & T") is a California corporation a I 1 conducting business in the above-entitled County. x 12 tt fes, 13 3. Plaintiff is informed and believes and based upon such information and belief 14 alleges that Dcfeadant GIOVANNI NANCI C NANCI") is an individual conducting business a :z 15 in the above-referenced County. U °a 16 17 4. Plaintiff is informed and believes and based upon such information and belief a 18 dkges that Defendant IAMAL FAYEK DAEM is an individual conducting business under 19 the fictitious name of INSPECTION ENGINEERING CONSTRUCTION ('MCI in the m 20 above-entitled County. 21 22 5. Plaintiff is unformed and believes and based upon such information and belief 23 alleges that Defamtlant FIRST NATIONAL INSURANCE COMPANY OF AMERICA 24 CTNICA") is a Washington corporation conducting business in the above-referenced County 25 as it surety. 26 27 6. Plaintiff is informed and believes and based upon such information and belief 28 alleges that Defendant CI'T'Y OF FOUNTAIN VALLEY ("CITY") is a public entity. 1 i 7_ Defendants DOES 1 through 50, inclusive, we sued herein under such fictitious 2 names, their tree names and capacities being unknown to Plaintiff; Plaintiffwill ask leave of 3 Court to amend its Complaint by inserting their tete names and capacities m the place and 4 stead of said fictitious names when the same have been ascertained - 5 6 8. Plaintd$is informed and believes and based upon such information and belief 7 alleges that each Defendant designated herein as DOES I through 50, inclusive, is 8 responsible in some way and/or manner for the acts and occurrences herein alleged, whether 9 such acts and occurreoces-w= committed intentionally, negligently, recklessly, or 10 otherwise, and that each said DOE Defendant is liable to Plaintiff for the damages suffered a I I by Plaintiff. C9 z 12 m a 13 F 9. At all times mentioned herein, each of the Defendants was the agent and 14 employee of each of the remaining Defendants, and was, in doing the things herein a :c 15 complained of, acting within the scope of such agency and employment. V J 16 z 17 m 10. This action concerns, in part, the construction of public work of improvement 0 18 known as the "Citywide Signal improvements, Project No. T12796, Contract No. CON -01- 19 24 (tare 'Project"), in the County of Orange, State of California. Plaintiff is informed and m 20 believes and based thereon alleges that public entities responsible for the construction of the 21 Project are Defendants CITY and DOES 41 through 50, inclusive; and that Defendants IEC 22 and DOES 20 through 30, inclusive, are the genetal contractor for the Project. Plaintiff 23 CALMAT sold and delivered to Defendants B & T and DOES 10 through 20, inclusive, 24 building materials for use on the Project. 25 /1/ 26 27 28 !1/ ] FIIQ5T CAUSE OF ACTION 2 (Against Defendants B & T and DOPS I through 10, inclusive, 3 For Goods and Materials Furnished) 4 5 11. Plaintiff repeats herein by this reference paragraphs 1 through 9, inclusive, with 6 the same force and effect as if said paragraphs were scf forth herein m fall- 7 8 12. within the last year, Defendants B & T and DOES 1 through 10, inclusive, 9 became indebted to Plaintiff for the reasonable value of building materials fvrrrished by 10 Plaintiff to said Defendants at said Defendants' request .a -+ 11 z z 12 13. There is uow due, owing, and unpaid to Plaintiff from said Defendants for said W. 13 materials the sum of 58,205.87, together with interest thereon at the rate of 10% per ann= 14 from and after October 30, 2001. V4 x 15 U ..t 16 14. Prior to the We and delivery of goods and materials by Plaintiff to Defendants z 17 B & T and DOES 1 through 10, inclusive, said Defendants executed a cx ht application w a 18 which provides that said Defendants agree to pay actual attorneys' fees and costs incurred by 19 Plaintiff in collecting money due from said Defendants. Plaintiff CALMAT has incurred and M m 20 continues to incur attorneys' fees and costs in the prosecution of this action. 21 22 SECOND "USE QF ACTIQN 23 (Against Defendants B & T and DOES I through 10, inclusive, 24 Upon An Open Book Account) 25 26 15. Plaintiff repeats herein by this reference paragraphs I through 9, inclusive, and 27 paragraph 14, with the same force and effect as if said paragraphs were set forth herein in 28 full. 1 {f 1 16. Within the last year, Plaintiff furnished building materials to Defendants B & T 2 and DOES 1 through 10, inclusive, and each of them, at their special instance and request .3 upon an open book account. 4 5 17. Theta is now due, owing, and unpaid to Plaintifffrom said Defendants on said 6 open book account for the Project, the sum of 58,205.87 together with interest thereon at the 7 rete of 10% per annurn from and after October 30, 2001. 8 9 - THIRD CAUSE QXAMON 10 (Against Defendants B & T and DOES 1 through 10, inclusive, a .a 11 On An Account Stated) a z 12 I3 F 18. Plaintiff repeats herein by this reference paragraphs 1 through 9, inclusive, and °d 14 paragraph 14, with the same force and effect as if said paragraphs were set forth herein in x m 15 hill. U . jj 16 z 17 CU 19. Within the last year, an account was stag by and between Plaintiff and 0 18 V Defendants B & T and DOES 1 through 10, inclusive, and each of them, wherein and q I9 whereby it was agreed that said Defendants were indebted to Plaintiff in the principal sum of CQ 20 � 58205.87 for the value of buil ding materials furnished to said Defendants. , 21 22 20. No part of said sum has been paid, and there is now due, owing, and unpaid to 23 Plaintiff from said Defendants the sum of;8,205.87, together with interest thereon at the rate 24 of 10% per annum from and after October 30, 2001. 25 26 27 28 /// 1 2 3 4 5 6 7 8 9 z 10 a lI z 12 x 13 'd 14 z 15 v 16 17 a v 18 m 19 m 20 21 22 23 24 25 26 27 28 (Against Defendants NANCI and DUES 11 through 20, inclusive, on Personal Guaranty) 21. Plamti$repeats herein by this reference paragraphs 1 through 20, inclusive, with the same force and effect as if said paragraphs wom set forth herein in fall. 22. On or about April 29, 2001, Defendants NANCI and DOES 11 through 20, inclusive, examted and delivered to Plaintiff a personal guaranty pursuant to which said defendants personally guaranteed the payment to Plaintiff of all debts incurred by Defendants B & T and DOES 1 though 10, inclusive. 23. Plaintiff has complied with all conditions and obligations required of it pursuant to the terms of the personal guaranty, including the furnishing of materials to Defendants B & T and DOES 1 through 10, inclusive. 24. Defendants NANCI and DOES l I through 20, inclusive, have breached the tarns of the personal guaranty by failing to mare payment to Plaintiff for the materials purchased by Defendants B & T and DOES 1 through 10, inclusive, despite demand therefore. 25. Based on the foregoing, Plaintiff has been damaged in the amount of 58,205.87, together with interest thereon at the maximum rate allowed by law from and after October 30, 2001, and attorney's fees and costs of suit. !fl Ifl lfl I 2 MIH CAUSE OF ACnON (Against Defendants IEC, FNICA and 3 DOES 21 through 40, inclusive, on Payment Bond) 4 5 26. Plaintiff repeats herein by this reference paragraphs l through 10, inclusive, 6 with the same force and effect as if said paragraphs were set forth herein m full. 7 8 27. Plaintiff is infotmod and believes and based thereon alleges that on or about the 9 time that Defendamts CffY and IEC entered into the prime contract for the construction of 10 the Project, Defendants IEC and DOES 21 through 30, inclusive, as principal, and d .a I I Defendants FMCA and DOES 31 through 40, inclusive, as surety, executed and delivered to x i 12 CI'T'Y a good and sufficient labor and materials payment bond (hereinafter "Payment Bond"), x 13 identified as Bond No. 6I2244, pursuant to Civil Code § 3247, gtjW. 14 s 15 28. Said Payment Bond provides in substance that in the event a laborer or material U a 16 supplier to the Project fails to receive payment for labor or materials used in the construction 17 of the Pmject, then Defendants FMCA and DOES 31 through 40, inclusive, shall make such a 18 payment. y 19 w 20 C7 29. The sups of S6,646.57 represents the seasonable value and agreed purchase 21 price of the materials famished to the Project for which payment has not been received. The 22 building materials fianished by Plaintiff to Defendants B & T and DOES I through 10, 23 inclusive, were furnished by Plaintiff to be used and were actually used in the construction of 24 the Project. 25 26 30. Plaintiff has performed and satisfied all conditions and prerequisites to 27 recovery on said Payment Bond. 28 /!/ 1 31. By virtue of the failure of all Defendants to make payment to Plaintiff, Plaintiff. 2 is entitled to benefit from said Payment Bond and to receive payment in the amount of 3 56,646.57 from Defendants FNICA and DOES 31 through 40, inclusive, together with 4 1 interest thereon at the maximum tate allowed by law from and after October 30, 2001, and 5 attorneys' fees pursuant to Civil Code § 3250. 6 - 7 M= CAUSE OF ACTION 8 (Against Defendants MC, CITY and DOES 21 through 30, 9 and 41. through 50, inclusive, to Enforce Stop Notice)' 10 m a 11 32. Plaintiff repeats herein by this reference paragraphs I through 10, inclusive, s i 12 and paragraph 29, with the same force and effect as if same were set forth herein in M. 13 14 33. On or about January 11, 2002, Plaintiff CALMAT smvcd on the Defendants x x 15 CITY and DOES 41 though 50, inclusive, a signed and verified Stop Notice in the amount U 16 of $6,646.57. The Stop Notice was based upon the unpaid debt of Defendants B & T, z I7 w NANCI, IEC and DOES 1 through 30, inclusive, for materials furnished by Plaintiffto said Q 18 Defendants for use on the Project. Said Stop Notice was in accordance with Section 3103. A m 19 true and correct copy of said Stop Notice is attached hereto as Exhibit "A" and incorporated 20 C7 herein by this reference as though set forth in W. 21 22 34. Plaintiff is informed and believes and based thereon alleges that at and since 23 the time of the filing and service of said Stop Notice as aforesaid, there have been certain 24 funds withheld by the Defendants CITY and DOES 41 through 50, inclusive, out of the 25 construction funds for the Project to answer and pay the claim of Plaintiff, in whole or in 26 part. 27 28 35. Plaintiff has complied with California Civil Code § 3098. 1 2 3 4 5 6 7 8 9 10 a � I1 a z 12 x 13 14 CK CQ 1S � t� I 161 1 m 171 n i � l8i m 19 20 36. Based on the foregoing, Plaintiff CALMAT is entitled to recover from Defendants IEC, CITY and 31 through 40 and DOES 41 through 50, inclusive, the sum of S6,646.57, together with interest thereon at the rate of ten percent (10%) per aaaum from and after January 11, 2002. WHEREFORE, Plaintiff CALMAT prays for judgment against Defendants, and each of them, as follows: • M:� ;��; ut : u� 4.�t: a7l I NG) nts B & T and DOES (1) For the principal sum of S8,205.87, together with interest thereon at the rate of 10t/o per annum from and after October 30, 2001; (2) For reasonable attorneys' fees; (3) For costs of suit heroin; and (4) For such other and further relief as the Court deetns just and proper MJ mut' vnr rU7`:F !` A r TQL' nL• A f-MnN 1 (3) For costs of suit herein, and 2 3 (4) For such other and further relief as the Court deems just and. proper. 4 5 ON THE FIFTH CAUSE OF ACTION 6 (Against Defendants IEC, FNICA and DOES 2I through 30, and 31 through 40, inclusive) 7 8 (1) For the principal sun of S6,646.57, together with interest thereon at the 9 maximum rate allowed by law from and after October 31, 2001; 10 m -J 11 (2) For costs of suit herein, including reasonable attorneys' fees; and y 12 x z' 13 (3) For such other and further relief as the Court deems just and proper. 14 C9 W 15 ON THE MM CAUSE OF ACTION U a 16 (Against Defendants IEC, CITY and DOES 21 through 30, and 41 through 50, inchesive) CQ 17 c L' 18 {1) For the principal sum of up to $6,646.57, together with interest thereon at the m 19 maximum rate allowed by law from and after October 30,2001; A 20 U 21 (2) For costs of suit incurred herein; and 22 23 (3) For such other and farther relief as the Court deems just and proper. 24 25 DATED: May 7, 2002 GIBBS, GIDEN PPIER & TURNER LLP 26 27 By. JAMS T 28 Alta or Piaui , ALMAT CO. CITY OF FOUNTAIN VALLEY 1d::2�L.iTk'F.{I'F.�'L'b'•Fi li"\'T,i L\';:i 1,LF1'. C.i ��..\.1-Ie �:H;u=-.�i;; h.i.\ i.-N±-:.���• May 31, 2002 Jamal Dsaifi 19C - 2973 Harbor Blvd. No. 516 Costa Mesa, CA 92626 Dear Jamal: We have received a stop notice against your company from Waiter Wholesale Electric regarding Contract No. CON -01-24, Project No, T12796, Cltiwide Signal Improvements. Until we receive a 'Release of Stop Notice' from Walter Wholesale Electric, no monies can be forwarded to you. Fnr1n,tm1 is n rnnv of the ctnn nnfinp fnr vnur infnrmwtinn CITY OF FOUNTAIN VALLEY COUNCIL ACTION REQUEST To: Honorable Mayor and Members of the City Council Agenda Date June 4, 2002 Subject: APPROVAL OF AMENDMENT NO. 1 TO CONTRACT NO. CON -01-34 TO WILLDAN FOR INSPECTION SERVICES FOR PROJECT NO. T12796. EXECUTIVE SUMMARY: On June 5, 2001, City Council awarded a contract to Willdan for the inspection of the rehabilitation and upgrade of the traffic signal at Magnolia Street and Talbert Avenue, and Protective/Permissive left tum phasing at eight other locations. Amendment No. 1 reflects an increase of $5,345 and additional work for: 1. Citywide traffic signal inspection of 72.50 hours due to the contractor not finishing the project in the allotted time per the construction contract. This amendment can be funded within the existing budget due to the 30 days of liquidated damages incuered by the contractor totaling $8,750. Staff is recommending that City Council approve Amendment No. 1 in the amount of $5,345 for additional citywide traffic signal inspection under Project No. T12796. DISCUSSION: On June 05 2001, City Council awarded a contract to Inspection Engineering Construction for the referenced project. The project includes rehabilitation and upgrade of the traffic signal at Magnolia Street and TalbertAvenue, and Protective/Permissive left tum phasing at eight other locations. The Amendment No_ 1 submitted herewith for City Council approval is briefly described below and a copy is attached for reference. The Willdan inspector ensured that all City requirements were met and the hours and the quality of the work claimed by the contractor were #cceptable. During the entire construction phase the inspector provided inspection services for all roadwork and traffic signal cabling and construction to ensure City requirements were met. Amendment No. 1 consists of additional traffic signal inspection needed to complete the project due to the contractor not finishing in the allotted time per the construction contract. The contractor was assessed 30 days of liquidated damages for this delay totaling $8,750. Lf This amendment can be funded within the existing budget due the 30 days of liquidated damages incurred by the contractor. N- n n 7 Council Action Request Amendment No. 1 —T12796 Willdan Inspection June 4, 2002 Page 2 FINANCIAL ANALYSIS: This project is funded through the Measure M Signal Improvement Program and Measure M Tumback funds. The following is a breakdown for the protect: CURRENT BUDGET (TI2796) Measure M Tumback $325,000.00 Measure M Signal Improvement Grant $225.000.00 Gas Tax $50,000.00 $600,000.00 F Expenditures $9,725.0[ Supplied -Equipment $34,958.13 struction Inspection (Willdan) $76,890.00 struction Inspection (Willdan Amendment 1) $5,345.00 struction Contract (I.E.C.) $548,994.60 tract Change Order 1-4 (I.E.C.) ($78,461.51; idated Damages ($8,750.00; Total $588,701.2 Balance $11,298. ATTORNEY REVIEW: None required. RECOMMENDATION: It is recommended that City Council approve Amendment No. 1 in the ampunt of $5,345 for additional citywide traffic signal inspection under Project No, TI27 Prepared by Fiscal Review b ose Aiire, P.E.Eli oeth Fox sociate Engineer Fina Di or/CityTreasurer Concurred by Approved by Mark L t P.E. y and H. Kromer City neer ity Manager 50 Reviewed y. _ This is a one-time action item. William R. Ault N90-0 Director of Public Works 5. 6. ASENT CALENDAR Motion by Council Member Crandall, second by Council Member Carrozzo, to approve Items 4 through 11 of the Consent Calendar. AYES= Council Members: Carrozzo, Collins, Crandall, Lew, Cook NOES, None Set the Public Hearing for 7:00 p.m. on June 18, 2002 in the Council Chamber Building. SF103-006 Authorization to waive bidding and issue a purchase order for one new P -B Asphalt Patch Truck, Model P -B, B-4, thmugh the existing cooperative contract held by Los Angeles Freightliner in the amount of $109,041.92 inciuding sales tax and authorization to send the existing Patch Truck, Unit #8510, to auction. NO. T12223. CON -01-64 Approved Amendment No. 1 to Contract CON -01-64 in the amount of $5,270.00 for additional inspection for Project Nos. TI7223 and T12607. AP?_R9YAL OF AMENOMgNT f[Q1 TO CONTRACT NQ. CON -01-34 TO WILLDAN FOR INq-P-F,QTION,5ERVIEg F RPR J CT NQ. T12796. CON -01-34 Approved Amendment No. 1 in the amount of $5,345 for additional citywide traffic signal inspection under Project No. T12796. COUNCIL MINUTES .4- JUNE 4, 2002 R INAN –AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FOUNTAIN VALLEY ESTABLISHING SPEED LIMITS ON CERTAIN STREETS. (FIRST READING) City Engineer Mark Lewis stated the CVC requires that speed limits which are enforced by radar be justified by an Engineering and Traffic Survey once every seven years. The City last completed a study in January, 1996. This year the consulting firth of Albert Grover and Associates conducted the Engineering and Traffic Survey to update speed limits. Based on the data collected, analysis of that data, and engineering judgment, updated speed limits on all arterial highway segments in the City and select commuter, industrial, and residential area roadways are presented here tonight for adoption by ordinance. Motion by Mayor Pro Tem Collins, second by Council Member Crandall, to introduce the ordinance anC pass it to a second reading. r AYES: Council Members: Carro=o, Collins, Crandall, Lew, Cook NOES: None ORDINANCES FOR ADOPTION Council Member Crandall excused himself due to the fact that he lives in close proximity to the property and he could have a possible conflict of interest. 2 ORDINANCE NO. Ian — -- AN ORDINANCE OF THE FOUNTAIN VALLEY CITY COUNCIL REZONINQ A.28 ACRE PARCEL FROM C-1 – LOCAL BUSINESS TO CP – PROFESSIONAL OFFICE LOCATED AT 9962 TALBERT AVENUE. (SECOND READING) SF109-008 (First reading of this ordinance was May 21, 2002.) Motion by Mayor Pro Tem Collins, second by Council Member Carrozzo, to adopt Ordinance No. 1323. AYES: Council Members: Carrozzo, Collins, Crandall, Lew, Cook NOES: None Council Member Crandall returned to the room. ORQINANCE NO. 13?_4 – AN ORDINANCE OF THE CITY OF FOUNTAIN VALLEY RESTRICTING THE USE OF PARKING LOT SWEEPERS. (SECOND READING) SF112-004 (First reading of this ordinance was May 21, 2002.) Motion by Council Member Carrozzo, second by Mayor Pro Tem Collins, to adopt Ordinance 1324. AYES: Council Members: Carrozzo, Collins, Crandall, Lew, Cook NOES: None COUNCIL MINUTES .3. JUNE 4, 2002 iG City Of Fountain Valley City Attomeyrs Office M.. rtyaair _ PRM- car A=CW E AM J=10,2= RB: IBC Sb*Nod= New The foo mm is the BMus of these stop nares (emceed Bar your 2a) as edthis dAw 1. QdMH (%U=) v_ DSS B & T_ Fouaain Vatter_ d sl. - WehmkgcrpW the corn aS6,697_S7kft Court_ 2. D A T lar S50,000 - Sbnrdd be relowed Pura= to Bond 4 6135553 for V5.QDD 3. Peahatt for S1,213 - Shouid be related puruun to HoW N 6156554 for S1,5 17 Nae - It in dseedomy whh &A City as m whether we aompt a stop nonce band (which mutt be for 12%ofthe Map oscine dnin). If— awqx we meythen setase the money withheld by the stop notice. Oar 1uhW for Map notice aamumts is tamioded upon our acoeptsmce ofthe band !.;curl Code Sorbon 31964 (1479) 156GiRper. M. TbobWoomoftheMapnotieeam000a(aasstrndiatl�eaa4rtaaant) dze�taQe.vitbLddro�edestes are: Siad o: other stop moacn hoods are gad. Notre 1 have unimed Mew money is owed to the Chyle these a WcAutons and we recently pmawed a &W domout weemeat for tbMA Alae R Burns City Afto+wy C /Cc: Director of pubrw Works STOP NOTICES ROACT NO. 'q'(o CONTRACTOR'S NAM CONTRACT NO. �r . s r � • • rte• • POWER --�■ 7 r}r STOP NOTICES ROJECT NO. a'T 4 CONTRACTOR'S NAM pG -b9—/'1Q. CONTRACT NO. 'Company Name Date Notre Rev'd Amount Date Notice Released F)#-1 Oork5 1-- - 1 1.;50= N -7-0i T LOttwk75 Q--1?-0 60 axe . 1a -a'1 -CI to Cly /-1'7-Oo f er ✓n c of -14 Oa"Yo 3-rel-CD� T- it 000 T15 r bid ilpyr. hh6h1nt4- FQart 5-as-oa V.44? AQ l[� �e1,�71 • 17 NO. EOPT. NO, / DESCRIPTION MEN 401 ILCUIIM£NY OR LA■OR REPORT NO. G S 1 Alec /t] 0 D S, DATE HOURS -[TEM I WEATHERI<.•., � �•�YtC.I ?- + rz CLQARX EXTREME M T W T F 5 S CLOUDY TEMPERATU WINDY ONLY RAIN ^J ,�/S�HIFT HOURS I s7w Rr/iL"'� ��y ST. Y f� �'7 SNOW LOW OTHEI7 HIGiY EQUIPMENT AND/OR LABOR: 4�+ �� p v NO. EOPT. NO, / DESCRIPTION MEN 401 ILCUIIM£NY OR LA■OR 457 V l REMARKS ( REASON FOR IOLEN"5 OR OTHER REM^RN5) � �•�YtC.I ?- + rz e uz �c Gf- 5. c' ✓,� PS D �rJ v5 REPORT NO. DATE HOURS -ITEM WEATHER -• -ZG-cL CLEAR EXTREME CLOUD TEMPf"RATUr M TT FS S WINDY ONLY RAIN SHIFT HOURS j SNOW LOW L/ -4 1� I �+ OTHER HIGH STA Rr �. EQUIPMENT AND/OR LABOR: NO, EGpY- NO.OE MEN ION (or eaw►Miy KNT [Rr ow u[oR EMARKS gFwaOR FOR IC CNa i OR OT Nwq R[M w M Ni' = � A fat-, Y �� � L ��,�- �. .,�•• • � �� a a a v y a V ti� i 1 REPORT NO. DATE L? 1-0 CZ M T W T F S S SHIFT HOURS �/� ara nr !•�� sroF ����/ EQUIPMENT AND/OR LABOR: a ■vA r..V i aVA Is l\L-1 \—,?1i 1 WEATHER CLEAR EXTREME CLOUDY TEMFERATU WINDY ONLY RAIN iG - SNOW LtlW OTHIs HIGH _ NO. EpPT. NO, MEN DESCRIPTION ICF AOVIFM CNT OR LawOA) 4 6 y REMARKS � O IAra70M rOR IPL6N Eaa OR OTN6A RFMAANT� iG - \C4- AL -rl3 p 17-1 "S 2 � fP L C___ . _. i -I--, -/ vi c r-44 I iG - \C4- AL I.: � fP .ter.-.%...,. -.r w -,. r r �� •Va wV 1 l'`/1 r i•L�l �/��i C+4 REPORT NO. CC- / / c- r DATE .Z -zZZ M T W T F 5 S �) SHIFAT- -HOUR1SJ] [�.(�Jj START / �,�• 'lTOq �/ t� EQUIPMENT AND/OR LABOR: WEATHER CLEAR, EXTREME CLOUDY TEMPERATL)f WINDY ONLY RAIN— AINSNOW SN a W LOW OTHER_,__ HIGH E.-,,SCRIPTION ML°N (OR lOUIRM ENT QR LA60R� IZ1111111MARKS � 05` �Rl Af OK ROR IO—Nl SS oq � REPORT NO. DATE .�, F_7 M T W T F S S 5.1N//Ii�FT HOUR/SI EQUIPMENT AND/OR LABOR: WEA ER Ntl, MEN CLEAR EXTREME CLOUDYTEMPERATU� WINOV ONLY RAIN SNOWLOW OT3iER NIGH Ntl. E OPT. Ntl, MEN iJESGRiPTION (OF LOVIFM GNT aR L,1■OR' w REMARKS L"K.% OR OTM iR R6 M. Rkf� /A- .GSD S c /I? 5 REPORT NO. DATE `-�--Z� v 0 2- fAcp W T F S S ��ji �S1�IFT HOS 1 srr Rr✓ ``r/ IV� s+ UR EQUIPMENT AND/OR LABOR: HOURS -ITEM WEATHER �-«- Cl -EAR /� EXTREME CLOLiDY TEMPERgTU WINOV ONLY RAIN SNOW LOW �. OTH ER� HIGH! NO.NO. XT. MEN DESCRIPTION 1., [CYlRM ENT OR L.80.) 4 O�` y REMARKS r'� Q �R CASON I .O E*. OR OYHER RSMA...) W Sic' C�1TIP6 ;L,,�-r af- Ly77�I17 4 � ACo L7 7YJ, 7, v Sup rz k- 1-) Z 13oZ_L REPORT N0. DATE M T W T F S s SHIFT HOURS C.Vo r� / START 'L� 8T01 EQUIPMENT AND/OR LABOR: .. rvA ft -v► A AAA A / •LI %./I't I WEATHER CLEAR EXTREME CLOUDY TEMPERATVT WINDY ONLY RAIN SNOW LOW OTHER HIGH NO. EOPT. NO, MEN DESCRIPTION fOR EOUIRM lryT OR tAf10R� � 05` V s.'{ /1 REMARKS �REA90M ROR IO�EryaBf OR OTMER gCMAR RS� 4") Ll � ��'I✓�?/f35 �tt L 7 '%7 S'� 1�1�-G,•yYy✓� ra; � REPORT NO. l.' DATE HOURS -ITEM WEATHER c«ieY 2 _z� CLEAR EXTREME C40U4Y TEMPERATL- M T W T� F 5 WINDY ONLY RAIN SHIFT HOURS SNOW LOW OTHER NIGH xtwwr'�"7�.., �. srop ��%S•�I'jT___ iy, O EQUIPMENT AND/OR LABOR: NO. EOPT. NO. IMCNI OESCRIP'fJON ZZZZZ/// 4v �� O REMARKS S■a45bry FOw I�CEk Ela OP OTHFw pEMARka� n i W `t l Zd71..1 z n J rl cin L S Lfi{_ f V. -, C Z REPORT N0. DATE 5-/ SH'Ii FT HOURS START 7, EOU[PMENT AND/OR LABOR: HOURS -ITEM tWEATHER RD LEA EXTREME CLOU TEMPERATUF WINDY ONLY RAIN SNOW LOW OTHER HIGH NO, EO PT. NO. MEN DESCRIPTION IOf 6CYIFM6NY pR LA>•OR[ 4v REMARKS �� QJ [R■A9ON FOR IOLENESs bP OYNEP REMwRN4� L L 1Z C Z � /1 �J:S / In/ VvE 11v . . .- — - -- -- REPORT NO. 0 DATE 2 M T W T F 5 5 "SHIFT HOU S �; GAMyP✓ START f� --� ITOr EQUIPMENT AND/OR LABOR: ;WEATHER CLEAR CLOUDY WINDY RAIN SNOW OTHER EXTREME TEMPERATUI ONLY LOW H IGH NO. EOPT. NO. MEN DESCRIPTION (or 60VMMENT OR lAlORI 4v REMARKS �� IRWASON WOR IDLENESS OR OTHER RENARRfI 4 r , zr72j Z,, f 47, 14 5 L�r4 r ,o e_ 5'7 % �-f 114 fci vvl ry A IMVv t i%.J! \ 11I* -J1 L—%-# 1 EVI,4 RGr-Qrx 1 REPORT NO. DATE SHIFT HOURS M STI. AT '�![+� $to. EQUIPMENT AND/OR LABOR: I WEATHER--- CLEAR NO. MEN DESCRIPTION 'O• W.."m SNT OR LAEQR) Ll / EXTREME COUD L TEMOERATU! WINDY ONLY RAIN SNOW LOW OTHER HIGH NO. ELFT. NO. MEN DESCRIPTION 'O• W.."m SNT OR LAEQR) Ll / REMARKS �� Ov IRR AiOry FOR !DEEM 6�8 dR OTFI6R REMA..&) G1Tb r p M Ls -�G� %✓7%S'�CC""'717 -�L� �_' 1!.��r � zl-4 r c:1/ /b'1Y Z4 "/Z- Cr � .1.1Z. •� i s 1' S -- v.r.r..� „�vv r iv►r i��..11 �v i 1V1� i�L.I�VL"�l REPORT NO.._ _ j Z DATE M T W/T F S 5 SII,,Hy♦,I/FT H O U R S BTART iV •' BTP14wiG}','Y>h EQUIPMENT AMD/OR LABOR: HOURS -ITEM WEATHER 'CLEAR n_ EXTREME CLOUDY TEMPERATU, WINMY ONLY RAIN SNOW LOW OTHER - - HIGH NO. EOPT. NO. MEN DESCRII+TION IDR 64UI�M 6NT 4R LAyORI Q O� ] REMARKS 1 `O� tw EASbN Fpw ...... oR oTNCw wL1hAw�(p, i'L A fl A&V w� ' -A v�/�rvyi��Vr��✓1Y if '1�./1 �L1[Vlr 1\L.1-VC�! REPORT N0. REPORT NO. DATE 3 -e-ssez M T W T -SS 5HIPT HOURS �� C ? / iTART '4ClJ fTe� I G EQUIPMENT AND/OR I-ABOR: WEATHER -- CLEAR_EXTREME CLOUDY TEMPERATUI WINDY ONLY RAIN SNOW_ LOW OTHER HIGH Nd. OPT. EN NO, MBN DESCRIPTIQN IO> LCLI►MKNT OR LA>tORI REMARKS k IIRs pian ►oR IOLi:ni s OR OTH— Rt M^RKS) Q 1 !A s 2 02 z? Pci , Ste. 7 1'cL✓ Go 2 rc,i 124-) S C' Amt- tirG S j ' C�rC .7 1� �e� Lo REPORT N0, - - 1 - DATE M T W T F 5 5 SHIFT Mau RS arANr L�G��� [rpR •CiU ��aq EQUIPMENT AND/OR LABOR: HOURS -ITEM hA WEATHER --- CLEARCLEAR )c _ EXTREME CLOUDY TEMPERATU' WINDY ONLY RAIN SNOWY LOW OTHER NIGH C. to T. ND. MEN DESCRIPTION 100 COUMHENr P[ LAi ONJ 4 jV REMARKS �'i Q �N�Af ON RpN fp LCNi[[ 6[ OrN [f1 N[Mwp N�� / - C e, 7 C46Xl-' . n .41 W -t r i,rc ca REPORT NO. DATE • f?-1of4 M W T F S S 7 SHIFT HOURS 1TA11T, `LI�� ■TOS^ /�1 � VJ EQUIPMENT AND/OR LABOR; I WEATHER 1e •°• CLEAR_ EXTREME CLOUDY TEMTERATUI WINOY ONLY RAIN SNOW LOW OTHER HIGH NO. EQPT. NO. MSN DESCRILGR ]OF [�7U1[M[NA[OR] REMARKS Q (R[A[Oh sOR IALCNif! OR OTrf[l1 R[NARK]I - �£G l / - Cc" yJoe a�602 S' l" REPORT NO. DATE 3 M T W T F S S SHIFT HOURS sTw wT ■TO• il+ EQUIPMENT AND/OR LABOR: I WEATHER NO. E OPT. NO. MEN CLEAR /\ EXTREME CLOURY TEMPERATUF WINDY � - ONLY RAIN 19 /1/lLc� �J t217 SNOW LOW OTHER NIGH NO. E OPT. NO. MEN l DESCRIPTION L, REMARKS IDR ■OYIRM 6MT OR LA9GR1 O 'RR AlON ROA /CLRNs3f OR OTN[R R{MA RKl� 1 L 19 /1/lLc� �J t217 REPORT NO. DATE M T W T F S S SHIFT HOURS 3TAwT 7!eL'�4'lsro•Zli"U�PIll- EQUIPMENT AND/OR LABOR: HOURS -ITEM I WEATHER CLEAR_ EXTREME CLOUDY TEMPERATUi WINDY ONLY RAIN SNOW LOW OTHER HIGH NO. OPT, NO. MEN DESCRIPTION IDA LOUIIMENT OR I.wanq� j��w REMARKS �-{ O (II S[�SQN FOR (6LSNESS OM Or— nKMAq Ki] t jo-5 REPORT NO. DATE M T W T F S S ��//)) SHIFT I}HOURS START 91 -f -R ?4W EQUIPMENT AND/OR LABOR: WEATHER CLEAR—X— EXTREME CLOUDY TEMPERATUF WINDY ONLY RAIN SNOW LOW OTHER HIGH N6. €OPT. NC. MEN DE5CRIP79ON (a■ seuFwMlNr op LAlOR) T 0 4� O REMARKS (Re Af ON Raw "'"E!! Op OTN [p REM AR Ka� REPORT NO. DATE .19.w02- CST 19.w0ZCST W T F S S ,S-�/MIFT If -URS START •L'L� STOF 'eW EQUIPMENT AND/OR LABOR: CLEAR /% EXTREME CLOUDY TEMP ERATU, WINDY ONLY RAIN ✓ //i�/� ,l C SNOW LOW OTHER y1GH Nd- EOPT, NO. MEN DESCRFPTION tbF COUiRM SN7 OR L/�lbR1 OR IPREMARK5 '.� Q IRI�R3CN FLLN635 tlR OTNRR RS M1Rki1 L/ lry vJ � ✓ //i�/� ,l C jj h REPORT N0. DATE M T W T F S S //SyyHIF'r HOURS frA"T /a+1'? lvl) sTO■ EQUIPMENT AND/OR LABOR: HOURS -ITEM WEATHER 'CLEAR e% EXTREME CLOUDY - TEMPERAT41 WINDY ONLY RAIN SNOW LOW OTHER HICaH NO. FOP7. NO, MEN DESCRIPTION¢ IOF &QUIrMC.T OR LAPOFII 1-7 7, REMARKS ,•. Q {wlwsON PdR <tl L¢n cf3 OA OT.1lq RlnwRKf� Cava nt�cz' e7' REPORT NO. DATE T W T F S S SHIFT HOURS ort RT (a-) EQUIPMENT ASVD/OR LABOR: WEATHER CLEAR_ EXTREME CLOUDY TEM V ERATIJ! WINDY ONLY RAIN SNOW_ LOW OTiIER HIGH NO. EQPT. NO. MEN DESCRIPTION (OI iOV�rM s�i7 pM L��pRk J REMARKS Q �Rt ASpN row IpLSN HSS OR pYHt� ....... —..-w....--..yr.r •.•v{ �\iifVii 1%1-1 `ita1 REPORT NO. DATE M T W T F S S SHI FT HOV RS {rwnr _ _ sTor EQUIPMENT AND/OR LABOR: WEATHER 'CLEAR EXTREME CLOUDY TEMPERATU WINDY ONLY RAIN SNOW LOW OTHER Fi16N NO. EOPT. NO. MEN10F DESCRIPTION EGYIrMERT OR LAEORI 4 p'L L `•'1 Q REMARKS IREllf Oft FOR I0LENE31 9R OTKfR RIMARK{) REPORT N0, DATE 3 M T W F S S 7 S IFT HOORSS [ �y) /� !TART` ;MZn ■Ta► �."i ,r-`." `�� I EQUIPMENT AND/OR LA13OR: HOURS -ITEM WEATHER 'GLEAF71� _ _ EXTREME CLOUDY TEMPERATUF WINDY ONLY RAIN i 4 /1 3 SNOW LOW OTHEp HIGH 140. EOPT, NO. MEN OESCRIPTFONg� �OF C041RMENT OR LAiORI � REMARKS ,•'1 O �RlI�OM fOR eOL6R(5! OR 6TN[R R6 MA RIti� 4v ga; C/>�=1 i 4 /1 3 �p Z dIL 27 ' Ct1 ' r .r ."� a w w � • ...r • r a■ ■ti►r vV 1 A `f1 : ► ���1 ��1 � REPORT NO. DATE m T W T F S S SHIFT HOURS sr..T sro• EQUIPMENT AND/OR LABOR: WEATHER 'CLEAR EXTREME CLOUDY TCMPERATU WINDY ONLY RAIN, SNOW LOW QTHER HIGH NO. £OPT. NO. MEN DESCRIPTION V REMARKS �OI 6OVIrMENT Oq LAEOgI ,.'[ Q INEAE ON FOW ZZZL..... tlq 6rNEq R[M11gKlf REPORT NO. -- DATE M T w T f S s SHIFT HOURS / 1 /►� START�/) / G•Z )"nILTO► EQUIPMENT AND/OR LABOR: I WEATHER '.LEAfi "r NO. MEN DESCRIPTION ' REMARKS 10. Laul*M LNT Ow Lwaow) '.� Q �lli•!ON IOP TOLL N4lf OR OTMLR R■NAwxl1 EXTREME CLOUDY TEMPERATUF WINDY ONLY RAIN SNOW LOW OTHER_______ HIGF! NO. EOPT, NO. MEN DESCRIPTION ' REMARKS 10. Laul*M LNT Ow Lwaow) '.� Q �lli•!ON IOP TOLL N4lf OR OTMLR R■NAwxl1 'c c vvra�ar�vn..rrvrll �411�►./� LVII\./1\ I\Ll Vi�� REPORT NO. DATE zy - M W T F S S `spiirT HOURS STA RT 1LV rTOF 14 /C1e : f EQUIPMENT AND/OR LABOR; WEATHER CLEARf EXTREME CLOUDY TEMPERATU WINDY _ _ ONLY RAIN J?LAG' SNOW LOW OTHER HIGH__ NO. EOPT. NO. DESCRIPTION MEN 'Or QOOfrMEMT OR LASORj q O" '�`� J REMARKS ',� O (Ra ASOM FOR IOL—W93 OR OTMSR R<MARKS' W � J?LAG' L64;1-13 l �,CS�»/Iri 'Tr�cs REPORT NO. - - DATE . M TOT T F S S �SHIFT HOURS/ Srwir 4141 iroP 4 7. G2G) Plll EOUIPMENT AND/OR LABOR: HOURS -ITEM WEATHER -- CLEAR f< CLEARfEXTREME CLOUDY TEMP ERATU WINDY ONLY RAIN SNOW LOW OTHER HIGH _ NO. EOPTr NO. MEN DESCRIPTION IOP LOYIPMCNr OR Loi ORI `r O REMARKS O �IIiA{ON POR iOLiNE;B OR O NtC Ri NIw IRK{I c9 pw ;z � fl mil �/ � L9✓I9 f — _„ - - — . . _ e — . - — - . .. . — . A.— . a A v 1 • l IL L 1 V i % 1 REPORT NO, DATE -11-w0z M T W F S S SHIFT HOUR(S STA RT;� ■TOI -I rV(J �L� EQUIPMENT AND/OR LABOR; WEATHER CLEAR EXTREME CLOUDY TEMPCRATUF WINDY ONLY RAIN SNOW LOW OTHIEI HIGH NO. E OPT. NO. MSNJ DESCRIPTION (.R .-IM-T OM LA.pq' REMARKS �� Q� 'IIRA40N kOA fGiCN 6l5 Oq pTH[H .......� vlZS�'i�/1 �o �sV r —. .— . ..— v . A —A • AA •w/i "%—# l l%—/1 { i♦L! tJ1O j REPORT NO. rl- DATE %L•00-7, M T W T F S S S,HHIIjF�ITH1OURSS y/'3�j `. sr..wr ;L�"7' Ares "%r�'�'-'" EQUIPMENT AND/OR LABOR: HOURS -ITEM I46 WEATHER 'CLEARS\_ i;XTREME CLOUDY TEMPERATU WINDY ONLY RAIN_ SNOW LOW OTHER HIGH NO. EOPT. NO. MEN // DESCRIPTION ' REMARKS � � Q (­S­ `OR Gell IkM6NT OR LA /, Ri Ai Oh FON IOL6N [6S OR OrM[R R[1/1RKf) G I L717 P,�1" Cd i122 S /J = L r— � �Jf l C ct•�' 175' 11,1'a A ^�.�e r r — . .— . . — . . v ■ . as •r/ Y &.— *—# ■ 1'`/'f I r \`I %.:I lk REPORT NO. DATE _ T W TT F S S SN,� 1 r HOURS, w START? �!To► ral *^ EQUIPMENT AND/OR LABOR: I WEATHER I°�••• CLEAR EXTREME CLOUDY TSMPERATUI WINDY ONLY RAIN SNOW LOW OTHER— NIGH NO, EQPT- NO. MEN DESCRIPTION IOF (OUIFN(NT OR LA(OR) REMARKS '•. Q IRa AatlN FOR IOL(N(!L tlR OTM(R R(M ARI(!' �fI h Ar ...r . . r.e A . .... rr r ► ti/ a a a �..� ■ err V I 1 \/ 1 I A \ A— 1 t,% REPORT NO. DATE 4,16.11 oz M W T F S S SHIFT HOURS J !TART �� •!TO• I,Lld JIn EOUIPMENT AND/OR LABOR: HOURS -ITEM io WEATHER CLEAR / EXTREME CLOUDY TEMPZRATU WINDY ONLY RAIN SNOW L.OW OTHER____ _ HIGH�� NO. EQPT. NO. MEN DESCRIPTION (pR EOV�►M6N7 ON RA�OR� REMARKS �� Q �R6 AiOn wPR IOLEN6!! OR OTM FR ptMAq Ki} 1 ,Il !, s-1"417 5I v v..,..w ••& %., _r A r v/ i 7 a l I ftd 1 hf V 1 1 *4,./ 1 1 1% L.1 %.O 1\ l REPORT NO. DATE 1Y- I�ec�Z M T T F S S SHIFT HDQRS'�/l STA RT �� %�f40• - / / `,� ��� EQUIPMENT AND/OR LABOR: WEATHER NO. EOPT, NO. MEN C L6AR-_` EJ(TR EME CLOUDY TEMPERATU WINDY ONLY RAIN _ _ _ SNOW LOW _ OTHER HIGH NO. EOPT, NO. MEN OESF RIPTION (OF [OVI�MCNT OR LA00R'IOLCN6fi F`� REMARKS OR qTM [R q[MAR R6I / - CIS v..r • ■w a • ►.,r �► •, ; v • as Yv/a VV l ►1.I► I l \"► \✓i % E REPORT NO. DATE M T w TF s s SHIFT HOURS srw Rr /I`'G'.`� ■ra. l���IJ �i7 EQUIPMENT AND/OR LABOR: HOURS -ITEM I WEATHER r. - CLEAR OESCRtPT10N ,� REMARKS 1DI 6D:11rMrNT DR LARDR' � O {Rf;6ON IDR lOLt NC9/ OR OTNRN RaM AR Ra� EXTREME CLOUDY TEMPERATU WINDY ONLY RAIN SNOW LOW O TN ER HIGH ry0, NO. £OPT. MI(N OESCRtPT10N ,� REMARKS 1DI 6D:11rMrNT DR LARDR' � O {Rf;6ON IDR lOLt NC9/ OR OTNRN RaM AR Ra� Yom' I �v U c Gt.J z• .3C7.j J l E j_A_^,,J Y b C' REPORT NO. DATE M T w T,r S S SHIFT HOURS 9 to RT Irl l `-' -p EQUIPMENT AND/OR LABOR: HOURS -ITEM WEATHER 'CLEAR EXTREME CLOUOY TLMPERATU; WINDY ONLY RAIN SNOW LOW OTH£R__ .--.� HIGIi NO.NO. EQPT. MEN I DESCRIPTION `Or a.UI�M ENT OR LA■CA' y� Re M ARKS '`� /1 �RCISPTI �Oq'p LRry MS. OR OY.a RtMnl�k{' Yi 'Y l � 1 t REPORT N0, DATE M Y W T F s s SHIFT HOURS START,''F. �~ iTOFt EQUIPMENT AND/OR LABOR: HOURS -ITEM WEATHER CLEAR N0. NO. EXTREME CLOUDY TEMPERATU WINDY ONLY RAIN,_ - SNOW LOYJ OTHER HIGF[ EQPT, M@N DES C gIPT1ON11 IOF LOUI�M 6NT OR LAS10Rr REMARKS '.�V O �qd ASON FOR I�LEN [31 OR OTNiR Rf[MAR K�] REPORT NO. DATE M T W T F S S SHIFT HOURS EQUIPMENT AND/OR LABOR: HOURS -ITEM I WEATHER l -e, CLEAR Y EXTREME CLOUDY TEMPERATLII WINDY ONLY RAIN SNOW LOW OTHER HIGH Np. EOYT. NO. MEN DESCRIPTION 'Or iQL11rMK.T OR LAf10M� REMARKS �� 'OJ IR■Af ON ROM IO L<NESS ON OTMSM NKM4 KS; REPORT N0. DATE M T W T F S S SHIFT HOURS 7TART _ _ ITOR EQUIPMENT AND/OR LABOR: HOURS -ITEM WEATHER 1e - 'CLEAR EXTREME CLOUDY TEMPERATU WINDY ONLY RAIN_ SNOW .----- LOW OTHER HIGH NO. EOPT. NO -DESCRIPTION MEN lO. tOYI}MSNT OR LA■ORf V Q FiEMARISS (Rt •tON POR IOL ENass Op OTNtR Rt M�RkS� Lam" :r: - .l REPORT NO. -- DATE M T W T F 5 5 [� SHIFT HOURS/ lTA AT Lj fQ�� ■roM f:.:.7 �y t' EQUIPMENT AND/OR LABOR: WEATH{{ ER --- I CLEAR J-- EXTREME C LIn Li TEMYERATU WINDY ONLY RAIN SNOW_ LOW OTHYR HIGHS NO, M(2py, NO. MEN DESCRIPTION for caulAM[Nr C111.Ar"t) lL i REMARKS W v (REASON FOR IDLENESS OR OrMfR Aurt•AK!} �' f r REPORT NO. DATE -re MST W T F S S SHIFT HOURS sT.w+ EQUIPMENT AND/OR LABOR: WEATHER CLEAR EXTREME CLOUDY TEMPERATUI WINDY ONLY RAIN SNOW LOW OTHER HIGH NO. EQPT. NO. MEN DESCRIPTION IOr <ryV1�M [NT OR —60.) VREMARKS ZZZZLI O" jw[w�on rDR IDL6N6�9 011 OTM [R w[NIIRIff� i r REPORT N0. DATE M T # T F 5 5 SHIFT H013FIS EQUIPMENT AND/OR LABOR: HOURS -ITEM ! WEATHER ��•�_1 CLEAR EXTREME CLOUDY TEMPERATU1 WINDY ONLY RAIN_ SNOW LOW OTN ER MiGm NO. aOpT. NO. MEN DESCRIPTION f0/ ■OUI►M6NT 011 LArdR1 llQ 4v VL O� 4v REMARKS 1 (Ri AICK FOR IpL�N[!! 6R OTK[R Rl�1�RK!/ REPORT NO. DATE 5 � Z M T w ,F S S SHIFT HOURS STA RTG 7<)Z+ ET.. EQUIPMENT AND/OR LABOR: HOURS -[TEM NO. WEATHER I.••••. IRLA/ON FOR IOLKNtSS OR OTNER Rt MARMS) CLEAR EXTREME CLOUDY TEAIPERATUP .R _ WINDY ONLY RAIN $NOW LOW �. OTHER HIGH NO. NO. DESCRIPTION (Or [OYIPMXNT OR LARORI ZZZL4vREMARKS IRLA/ON FOR IOLKNtSS OR OTNER Rt MARMS) .R _ REPORT N0. DATE - •19 M T W T 5 SHIFT HOURS sTwwT sTa� EQUIPMENT AND/Ofd LABOR: WEATHER CLEAR EXTREME CLOUDY TEMPERATU! WINpV ON LV RAIN SNOW LOW 0 T Eq NIGH a�N.O-. N DESCRIPTEON V � REMARKS IOtr rOV�rM <NT O� LA■OR] Q �R6 wSQN rQR IQL[N[35 OR OTN[R R[Mwp1(s� REPORT NO. {✓- '- f� DATE ffT W T F 5 5 SHIFT HOURS ST.RT }Ta• EQUIPMENT AND/OR LABOR: WEATHER CLEAR EXTREME CLOUDY . TEMPERATUI WINDY ONLY RAIN SNOW LOW OTHER HIGH NO. ZCPT. Nd. MEN OWSCRIPTIONj4v REMARKS l.w caul mRNT OR LA I...I� IR --90M ROR 1GLEN[IS .1 OT'.CR At MA RKS� �I/J I �i✓ '� fir_ ?� /7G f /f+./t/la? REPORT NO. DATE C Q Z---9= M. W T F 5 S SHIFT HOUWS sr.a les trot EQUIPMENT Alva/OR LABOR: HOURS -ITEM WEATHER 'CLEAR ---%— _ EXTREME CLOUDY TEMPERATUF WINOY ONLY RAIN SNOW__ - LOW OTHER HIGH NO.NO. EOPT. MEN DE5CRIP'TION Ie■ iOY VM<fiT Dq LA -0-R) 'q[RlON FOq ID ..... OR Ornlq gt...KS REMARKS///Z/Z zz fz�zf L,7-' I NM1J S 4' V \ Aw L REPORT NO.CC \\ DATE M T ET F 5 S SMIrT HOURS aTA wT m—p EQUIPMENT AND/OR LABOR: NO.NO. DESCRIPTION E/OPT, MEN {or sou u•M �wnr Of LAsb1RJ HOURS -ITEM j WEATHER --- \YC CLEAR CLEAR EXTREME CLOUDY TEMPERATUF WINDY ONLY RAIN _ SNOW LOW / y�. OTHE� HIGH 30 ��4v REMARKS 4v `Q IR�ASOlt FOR 1pLSNCS! pR pTM[R RtMARK1I REPORT NO.�- Z DATE wrTw ass HOUR L srwpr •re. EQUIPMENT AND/OR LABOR: NSN HOURS -ITEM WEATHER i¢ _1 CLEAR�� EXTREME CLOUDY TEMPERAT�Ji WINDY ONL�} C' RAIN SNOW LOW OTHER HIGH NO. EOPT. NO. MEN DESCRIPTION IOP Zv -'4RNT OR L.... v REMARKS �� Q (lliwS9M Rpp �gLLN 6s! Op pTM¢R RStMAR KS] � in 13 yy IIll �L �k 00 LX-) AA\1,.L\'tl1 QA Tuzna° k- 7 REPORT NOr,itn - DATE IVS M W S S SHIFT HUNS START- XTcp EQUIPMENT AND/OR LABOR: HOURS -ITEM 3p� WEATHER ��••.,, EOPT. M$N CLEAR EXTREME CLOUDYT �� TEMPERATU WINVY ONLYf 0� RAIN tx) . v �—Vw C4 SNOW LOW OTHER HIGH EOPT. M$N OR$CRIPTION IOf [OVIPMiNT OR LAiOR} V REMARKS ',•: O IRiAtCM POR IOLCN if4 OR OTM[R ....... �V • tx) . v �—Vw C4 Sa �. EZ Capital Project - Construction inspection Report CC # : 1128 Project Name: TRAFFIC MODIFICATIONS Report Number: NIA Date: Dry of Week Start llma:. Stop Tlmr. WeclMer. 61 - 131200t - - - MONDAY i:ItO AMM - 41100 PM - SUNNY AND CLEAR Bid Meme Worked at Deecdptlon LS POTHOLE REPAIRS Equipment and Labor EQ Men Deecriptlon - Name lRemarks 2 DUMPS TRUCKS IEC 2 SERVICE TRUCKS IEC I BOB CAT IEC 1 COMPRESSOR IEC HAND TOOLS IEC Ylcttan to JobaHe WA a LABORS SEE IEC PERSONNEL LIST 3 FOREMAN JOSE NPDES. - NIA Traffic Control ARROW BOARDS AND TRAFFIC SIGNS Remarks: I. IEC CREW WORKING IN THE INTERSECTION SLATER, GOTHARD ST. 2. PLACING ONE SACK SLURRY IN EXCAVATED POTHOLES, 3. RON FROM TRAFFIC DEPT. INSPECTING SITE. 4. MY SCHEDULED DAY OFF 1 CAME IN ON OTHER SITES FOR UTIL Inspector. GARY HARRISON Capital Project - Construction Inspection Report CC # :'1928 Project Name: TRAFFIC SIGNAL MODIFICATIONS Report Number: NIA z J DUMPS TRUCKS IEC Visitors to Jobsia' 2 1 ISERVICETRUCKS IEC NONE I BOB CAT IEC �cr HAND TOOLS IEC NPDES NIA z SERVICE TRUCKS LOOP MASTERS INC. I VAC TRUCK LOOP MASTERS INC. HOT MELT EOUIPT. LOOP MASTERS INC. Capital Project - Construction Inspection Report CC # : 1128 Project Name: TRAFFIC SIGNAL MODIFICATIONS Report Number: NIA Date:1615@002 Bid items Worked Day of Week III DNESDAY M Description Start Tinw 7:00 AM. LS PAVING OUT POTHOLES 1 REPAIRS Stop Time; -4.00 PM - - FOR LOCATING UTILITIES Weather: Equipment and Labor - No, No. ED Men Description -.- NamaiRemarks: - 4 LABORS SEE IEC PERSONNEL LIST a LABORS LOOP MASTERS INC, I TIM TOM 1 FOREMAN IECJOSE 2 I IDUMPSTRUCKS IIEC Visitors to Johslte 2 1 SERVICE TRUCKS IEC NIA 1 I IBOB CAT IEC I r I rc.umrncaaun I— r HAND TOOLS IEC NPDES I ROLLER IIEC NIA I SERVICE TRUCKS LOOP MASTERS INC. I IVAC TRUCK LOOP MASTERS INC. nui mcLi nwiri. wvrmmoienarn�. LOOP CABLES ETC. LOOP MASTERS INC. Traffic Control ARROW BOARDS AND SIGNS I Remarks; 1. IEC CONSTRUCTION CREW BASE PAVING IN SLATER, GOTHARO 2. AC MIX DESIGN IS AR -4000112 FINE I DEEP LIFTING POTHOLES. EDWARDS AND MCFADDEN 1. LOOP MASTER INC. CREW INSTALLING PHASE 2 LOOPS. 2. LOOP MASTERS GAVE NO NOTICE TO ME ON INSTALLING LOOPS. Inspector. GARY HARRISON Capital Project - Construction Inspection Report CC #: 1126 Project Name: TRAFFIC SIGNAL MODIFICATIONS Report Number: N/A Date: Day of week Start Time: Stop Time: weather: v1QQQ RWASDAY 7.00 A 00PPM - - OVERCAST Sld Rome worked N Description LS PAVING OUT POTHOLES REPAIRS FOR LOCATING UTILITIES Equipment and Labor . EQ Men Description - - Name I Remarks 4 ILABORS SEE IEC PERSONNEL LIST 1 I ISAWCUTTING EQUIPT. ALL STATE CONC.1 SANTA ANA I FOREMAN I£CJOSE 2 DUMPS TRUCKS IEC Visitors to JoitaNs 2 SERVICE TRUCKS IEC NIA 1 BOaCAT IEC 1 COMPRESSOR IEC NANO TOOLS IEC NPOES II IROLLER IEC NIA Traffic Control ARROW BOARDS AND SIGNS Ramarky I. IEC CONSTRUCTION CREW BASE PAVING IN SLATER, GOTHARD 2. AC MIX DESIGN IS AR4000 712 FINE I DEEP LIFTING POTHOLES. 3, ALL STATE CONCRETE 1 SAWCUTTING OUT POTHOLE AREAS. 6. HELPED FOREMAN FOR IEC LAYOUT WHEELCHAIR RAMPS AT SLATER AVE. AND GOTHARO ST. 6. IEC CREW MEMBER SPLICING IN ADVANCE LOOPS PER PLANS 6. BOLSA CHICA AND WARNER AVE.1 SPLICING IN LOOPS PER PLANS inspector. GARY HARRISON Capital Project - Construction Inspection Report CC # : 1128 Project Name: TRAFFIC SIGNAL MODIFICATIONS Report Number: NIA Dew: D%yef Iffi-9 Stent TYee: 81AP Time:Weather ¢1712002 fRIOAY 7 Sa9M _ -SUNNY, CLEAR BM Nem% W puree / De%cliptlon US XCAVATE S1W AREAS /NEW WHEELCHAIR RAMPS EgU1pmIH end LAbor - - No. No. ED Men Dneliptlon .. - Nwne 1 R m-rke 4 LABORS SEE IEC PERSONNEL LIST 1 FOREMAN IEC JOSE a DUMPS TRUCKS IEC VI%He»IA "ho" 2 SERVICE TRUCKS IEC JAMALS FATHER 1 BOB CAT IEC 1 COMPRESSOR IEC HAND TOOLS IEC NPOES NIA Tnifflc C.." ARROW BOARDS AND SHSNS 1 Remarks: SOLSA CHICA AND WARNER AVE. 1. IEC CREW EXCAVATING SWJ AREAS TO PLACE NEW WHEELCHAIR RAMPS. t. IEC CREW TO EXCAVATE am AREAS AT SLATER AND GOTHARD IN PM HOURS 3. POSSIBILITY OF CONCRETE PLACEMENT MONDAY AT NOTED BITES. L. GEORGE INSPECTING CONTROLLER (WIRING AT EDWARDS, McFADDEN In%petror; GARY HARRISON Capital Project - Construction inspection Report CC # : 1128 Project Name: TRAFFIC SIGNAL MODIFICATIONS Report Number: NIA Date:41 02 ITW2 Day of Week MONDAY Start Time: - - Stop Time: 4:00 PM Weather. RAIN 1AM HRSISUNNY REST OF DAY/ 70 DEGREES Old "me Worked M Description L.S. WIRING OF INTERSECTION AND APPURTENANCES ENulpmant and Labor - EQ Men I Description - Name I Remarks 4 LABORS SEE IEC PERSONNEL LIST 1 FOREMAN IEC JOSE 1 BOOM TRUCK IEC EQUIPT. HAND TOOLS IEC EQUIPT. Visitors to Jobske 1 SERVICE TRUCK IEC EQUIPT. NIA NPOES NIA Traft Control USING STOP SIGNS AT INTERSECTION, ADVANCED CONST. SIGNS FOR SHUT DOWN. Remarks: SLATER AVE, GOTHARO STREET 1. IEC CREW WIRING SIGNAL, APPURTENANCES FOR TURN ON. 2_ CHECKED INTERSECTION FOR SAFETY. 3.GEORGE FROM TRAFFIC DEPT, INSPECTING WIRING OF INTERSECTION. A. NO CONST. OF SAY AREAS, CURB AND GUTTER IAC COMPLETED IN POTHOLE AREAS Inspector. GARY HARRISON Capital Project - Construction inspection Report CC #: 1128 Project Name: TRAFFIC SIGNAL MODIFICATIONS Report Number: N/A Date: 51211200 - Day or WeekTil DAY Start Time: 7700 AM Stop Time., - +:0a PM Weather., Bid Items Worked K Description LS INSTALLING WHEELCHAIR RAMPS Equipment end Labor �- No. No. EQ Men Description . Name1 R/marks 1 f IDLIMP TRUCK IEC EQUIPT, 1 I IBOB CAT IEC EOUIPT. I SERVICE TRUCK IEC EDUIPT. HAND TOOLS IEC EOUIPT, Visitors to JObstle 3 FINISHERS FOR CONCRETE WORK IEC PERSONNEL NIA I LABOR IEC PERSONNEL NO FOREMAN ON SITE AT BOLSA CHICA, WARNER AV - - NPDES ONLY JAMAL FOR EEC NIA EDWARDS, MCFADDEN CREWWORKINGNO TIME TO CHECK SITE BECAUSE OF PROBLEMS Al ON WIRING OF SIGNAL I GEORGE FRON BOLSA CHICA, WARNER AVE. MTN JAMAL FOR IEC TRAFFIC INSPECTING, DONN STROOK NOT FOLLOWING INSPECTION REQUIREMENTS - TrsMte Control ARROW BOARDS AND TRAFFIC SIGNS HAD TO TELL CONTR. TO PLACE MORE SIGNS UP BOLSA CHICA AND WARNER Remarks: BOLSA CHICA AND WARNER AVE. 1. AT 12:30 PM I GAVE A STOP NOTICE TO IEC, FOR NOT HAVING FULL FORM BOARDS FOR CURB, GUTTER WHEELCHAIR RAMPS. 2. NO LINE AND GRADE STAKES FOR CURB FACE CONTROL NOR FLOW LINE CONTROL 3. JAMAL FOR IEC 15 INTOLERABLE ON CONSTRUCTION SITE, OOESNT FOLLOW CITY SPEC.'S 4, CALLED IN AM HOURS FOR INSPECTION FOR WHEELCHAIR RAMP INSPECTION, NOT FORMED UP YET! NOR GRADE AND LINE SETI IMPROPER FORMS FOR CURB AND GUTTER 1 NO KEY WAYI FULL FORMS FOR CONTROL ETC. S. JAMAL WAS NOT READY TO POUR CONCRETE TODAY. a. i WROTE UP JAMAL FOR COMPLIANCES NOT MEET, HE REFUSED TO SIGN STOP NOTICE. HE TOLD ME, VICK GALICH THAT HE WAS GOING TO POUR CONCRETE ANYWAY. 7. I HAD MEETING WITH DAVE VERONE, SUDI SHOJA ABOUT PROBLEMS WITH JAMAL FROM IEC, 12:00 PM IN OFFICE a-1 TOLD SUDI THAT I HAVE NO TIME TO INSPECT MY OTHER SITES OF CONSTRUCTION WITH IEC REQUIRING ALL MY TIME. 9- THE PROBLEMS WITH JAMAL NEEDS TO BE ADDRESS TO HIGHER MANAGEMENT LEVELS. IT IS IN THE BEST INTERESTOF THE CITY TO HIRE A FULL TIME INSPECTOR TO WATCH THIS CASH CONTRACT. CONTRACTOR IS TROUBLESOME TO INSPECTORS TRYING TO WORT( WITH HIM ON CITY SPEC.'S ETC, 10. THIS IS NOT THE FIRST TIME OF NOTED PROBLEMS WITH CONTACTOR. 11. ON GOING PROBLEMS WITH HAVING CONTRACTOR SET UP PROPER TRAFFIC CONTROU ALWAYS ASKING CONTR. TO FOLLOW WATCH MANUAL 12. 1 WENT OVER SPEC: S WITH JAMAL SEVERAL TIMES ON CONCRETE, ASPHALT PAVING, SITE CONDITIONS ETC.1 DOESN'T WANT TO LISTEN. 13. CONTRACTOR NEVER GIVES NOTICE ON SUBS TO BE EMPLOYED OR USED ON CONSTRUCTON SITES. Inspector: GARY HARRISON j 7 Capital Project - Construction Inspection Report CC#: ! L -9- Project Name: I R'4FPC 15)/1," C /OoP S Report Number: 4Date 1 S } 1 ��-,r l3ayf o� YVeek r E k `` •�'r ° , 1� 1 4 mr M.i �ym1xj g � J{. S�u•t�l lYii'iyrMr:{'�_�wt'. y � Stc%ri time � � � , . ���k��l T� ��'�� -y l - Bid items {Ncriced r .:: rrption -•": ./. 11 1. �,• " 1 J ksw .._ EQ Nfen ' T,:`..De3criptFon �> " A ti 4v. ms M A IL �tiu � �Yi`sitors'.io;Jbbsits ; 6 ak'.�1�d481itF1`ti''.^ r CO 13,6'. /A . �O re v/4) / xJ A 5A) �'-1 P3 4 ," E PC.e, jZ ir&,z n 1 'T/owl , C �� '+ FF'e cc i Inspector: Capital Project - Construction Inspection Report cc # : 7-8 arojeet Name: Report Number: Data: >Bid <� items Worked NSc . 0 lon_ P AIA -)(foe , . t L Equ� p5m�ntAll tabo.C� ��: CG Y41 ,r N& 17� ,� nMZ r, by r - x 'rji 7 r'a� _ :r[3recrl .oit L r�J'" lVemp Rar► arks .,., "� f' v Go� l�z `� IttsEt i .to "onsite' z NPDES w k 6eT1q'r(?Pl -5tA7-eIZ PLAG 0 4 C /'Z-7 AIA -)(foe , 57/O 11pr ,7 C, /�Iln'JS' CG Y41 - 1-4,P Inspector: }} Capital Project - Construction Inspection Report CC # : 1 / z9 Project Name: 7�'-Fr Ic S lG,1,4y-1 /J�jG7j� S Report Number: r� a 9 x^ t ,i$�tC r9 toJobsite a>; r, �k , mak..: �� 'NRO�S�•'�F��. ��;�'���` F (14 AMLO Rol Kc 4 c z p 6o ,? c. Com' x1/, coe. 13, C', ,4/11) Sr p tv-9 L le P/.1 YCfIZ�'A-11 F IZ. Inspector: Capital Project - Construction Inspection Report CC#: /1ZU Project Name: Report Number: Date '� aay afkUeeKy tV7 r �SfopTime �fi r4 . Bidltems:Worked Description S• -Equipmenaidt:aba=."' iia:. EQ NQ fy .� aji f� � <r3rr�_"i z E,��-'aX��'K d�% �� ."����•kT';7v`' s i �c ���F l4�en w D.e.'scriptiort ate; =o- Flame 1.Remarks CG,a4 � T ;YfBitQr9:to Jotsite 0 4: - h= . %'�'"r:+'"�1 k'wi-!'t9�li�i-L:antdllI:.iA.'Iy�- ".lt1aFQ5l�'. U � /3i�� (Z , l �fl R4 2.C. I /O� Inspector. Capital Project - Construction Inspection Report CC # : 11 z o Project Name: ��4,175 Report Number: 4-2 j I s, lC: sic" v PG4-G r• -7 e; C j3�00-,- 01,CT5 UJ. C, PlAwl p Alla, �Ocg,4 C,,, e C6n7-20-/ZF'r Inspector: �'�� �=uatars taJobsl#e - I 4-2 j I s, lC: sic" v PG4-G r• -7 e; C j3�00-,- 01,CT5 UJ. C, PlAwl p Alla, �Ocg,4 C,,, e C6n7-20-/ZF'r Inspector: 7 C2Capital Project - Construction InspectionReport CC # : 1 Z Ci Project Name: 7�i'/ r;rjC Report Number'. Dit� is. n Dax al�ifsei�� i' N Tim@.{L�% -�w �r-.'' y .J{tA "L Bid Items VYorked #" _ :'Description M „= Lal bor k" ���"Frtrrt .._ LSI_ 1..r ...• ".9 .. , h _. }�l4Yi.. g R r w Er Fiy�G�?Ce a 4 "; I Al C0 , Ar � �.�;':t ' . uisifcr9ta':ibtisite - :J1'' Q 1 I Pvt/1G, Ccs _L4 fa Inspector: Capital Project - Construction Inspection Report Project Mame: cc#: WOD Report Number: Date. ice». Q s Y } a - 8tarCTTt^'3` x 5 lrrles 1 t sinp dime y��$,; v' iw r{z w- f *kms 'z Sjd Items Worked a n - DeSonptia� G • iq u7,2,_E,!zcS Fja IVG 1� SMS rt,wia�`w"�� F6k n. M+� f L T106LC< Alk �o obs to, f o5 i I i I f roe `T� �sT//1 r-24 �r �AL-s 6 %PG4Cf Inspector. S4ar P.�-�,,?<5 Capital Project - Construction Inspection It L` Project Name: Report Number: "�aajafWsak 3` oSf i� S�� kv�F �� �k y.yam, S.i yyie� [ '�yii ��'�s1• ��`_r�i'Y.�� Nf-'Hk '4'�,y'� 'hY . {yl` �Sfu�x�Gilme:�;,f �'7Teat1'or- items Worked Ms id K . Descnpteort �1 EQ Men ap�.pescrfptiore ��. ,. ame:fRmarks �� MIC `� �'� �� l�t"sitnrsfo Jobslte, k I ctis W"4 -'w!',1 .F„v 1'x::.2 '`��k NP.l3ES �y*��x +�^.u�,•''^.}y..y.�.- h /� P� S r r PP t ,l G ,�F,405 .*v,117 5A-) Cc)1` . To��I%/SGC Si Gj ,7,C lf>>S?r G Vis' ,4 jV 14L C.00,0- Inspector: (Capital Project - Construction Inspection Report CC * : J) Z +5 Project Name: -7!E .516 I)k Report Number: Bid !te Remarks: Inspector C ms Worked - - 6 o[WeeK °DescRptian tT S StAp TIn1e dL ti/Y- .Ylleattter:: ,�. ■� r .: [Qu�Qtl78flid�iQi.i:.BbO.r-"7}" 'ry,�``�.`�'��'.���*7�� Cc.�'�' i~QDescrijtiorr: 1 � � � ` ]llSitai9ao,Jabsite s i 2� 1 C9cv Capital Project - Construction Inspection Report ce re 024S Project Name: Report Number: Date - - - nix of WeektitJi= StarCTW&.- r •� r E� BId !te ms Worked # . Description Equtpmentar c� LabaCk , ik� Na EG Nt7' w� t Men r , Desciiptiarr •4 , l�iarne l,.R®marks 5 µ; Z ac I f !V,,, Johislte At25 I i I ,QOtu /e Sim, s I - Remarks: 5T�P Inspector: Capital Project - Construction Inspection Report ectt: i `12 O Prosect Name: ! /�►���L �1�1� 's Report Number: date. t_ But items Worked Day ; DescRption .44 No Na p ¢ r {� 5� S r w NO A sew s kMen _ Descrtptiori= melRemarks, s[lOra, to Johsita I Pl3ES z - i I I i, is 914 i Remarks: wl STzp, i i Inspector: S pital Project - Construction Inspections Report CC 0: /12 Project Name: �T J� 511a4C /V S Report Number: Bid items Worked - Day of Week # 71.77t)escription ';. Stop dime v , r ,�`. `w L • I Lv4Pc1i7— f Z10 Vsitois to :J0 sites Capital Project - Construction Inspection Report CC*: f 1 Z3 Project Name: 1 Report Number: Dao We k t5i Y r -S e.�! SfoQT. YfFeather.: C%7,tr Bid Items Worked -- # . "Description, 19. G, G ' s ,:`Equigmentancl�aba�_ ti Eta gin Men Oescriptian _� .:me !.Remarks ' 5`'7rr £ lin _SitoL3.t0:ibtlsrte I� i Y 1 � - Remarks: / X1.0 --z. Inspector: Capital Project - Construction Inspection Report CC*: J/ Z0 Project Name: Report Number: Capital Project - Construction Inspection Report ee # : 12 Q ProjectName: Tfi4PJ�(-1 541W4 14'900'S Report Number: Yisttors to Jobihja Gr7 a Z 'y�Fllar'/73 -NODES ±, '�s I �uGL✓!y wIi?L ��;� /Z-ov e, ,��:fe In r u; #14, 6.4-t r tp - u� PA t44 ( G:(�r G �w 511L,` Alza'n /f �i1'fzl7 T Inspector: Capital Project - Construction Inspection Report CC*; 11213 Project Name: % p..9Fyl[ sl4ny�G M[1i� S Report Number: Dater ., DZ Bid 16 -- Y �t� Da of Wee f - ` ` Desc on StartTlme - t ! Stop rime iQ6► _ , �, . heather_. Equf{�mentand t.abo IvO ks No w� ti a tsi EMenbl"-]��l s <.'; r: iVaiiie.Reinar . �e'str�ption a Ulsitora ta'' lobalta I dZZ4'42. 6 NPDES ; I 12 k�, Wficafftc Costrof ` :: flllc S <.2 I Remarks: AAkILl)p /4)41:7fr- lNnVIIP1.O Tom/ Inspector: I, Capital Project - Construction Inspection Report CC#: 112o ProjeetName: //4ff1C 5/41,4t /UIIJ�S Report Number: Date,7- D"y'-.4weeks. y t_artT Me )�+ y is - y S�� 4�Tiie'i Z- �C/ `,.F'" Vl6eather . - - Bid items worked '# . Descript9bn I 1 I Capital Project - Construction Inspection Report CC 0: I / ZO Project Name:�� Report Number: Bid jterns Wdeked bate pay of Week # Description Saari Tirne•' _ StopMme:I.{,�, ,:Equipment and- abor-:W EQ Men Desctiptiort ` 3 2 fEtarne 1, Remarks - i •'r'%zfil (i�if A 181tdrs:#o Jbbsite L I i LISESkarks, i IC I . Inspector: ccs Capital Project - Construction Inspection Report 1120 /ZG Project Name: %494/9"/d�- Jam. 4,1k— Report Number: `Date: A f3: Day of W�ek1� r�Pt� u Weather., ` 8td;ltems Vllorked _ Desc on G - EquprEletiLan!�`t.aborw . EQ Men, "Description :�_ iame`f Rerr'iaclis '.'. uC 11 Yisifia�s td:1 0 S1te- { k 1aF NPD& ,4',,a [ I>W.:r,4 f CG/✓� QRS e Capita! Project - Construction Inspection Report cc # : Oz v Project Name: Report Number: Day ofiWeek ,rj�4Jl� _ StarrTitne Stop Timets' Bid Items Worked - # esc►iptron 1 Equipment arzd tabor`:. ED Men _: IaesCrrptierc`.. iVame I'Remarks _ r Ccs -aa TcxX� f (,moi T §Itors'la Jobs[te. £ m e. j � I i HPDES I Inspector: Capita! Project - Construction Inspection Report GC 1)2,0 Project Name: #: Report Number: _ Date- .. = Worked ._ ' :Bid.ltems Day of Week1�'! # iJescripiion StarTfine wea 21 Equ pffidf LaboCa �s. }� Ear r No No Ed Men `-De9cription v, 1an�e f.Rernari�s `; i I Capital Project •- Construction inspection Report CC # : � ) 1 I ) Project Name: Report Number: -Bid Items Worked .- Day of Week . # `Description I ;1_q.uigm *Od.Cabde No EQ Men Descri{ition,r.Itlamerx.Reriiarks l I VIS Ito s.to-Jdbsite s ' NPDES � e ��•i :'1 LG�:F��r. �iY4I Vll �.4 i .1 �',.i. Remarks: L i s- l s ?F: rz /G Ze,' ` s c b�z-,i Inspector: Capital Project - Construction Inspection Report Cc # : I Z L' Project Name: Report Number: -i3id:Items Worker! D-' D-' of Week yr.A .S #. Descriptio Starr rpp Sfop Time s� .1AGeather.'" - E�qujgmj�nt-arid tabak Na'.iNo i Farms racy=i�j�' r 4 ECODescriPtia #_. Name`1, Remarks ° G CO -0 J2 =uisitom.Lo Jdbilte i I RiPDES , I 1 i I Remarks: PAC /11 &/Mrb:of!r-: PrFPAW,a,J An Inspector: Capita! Project - Construction Inspection Report CC*: 112,D Project Name: Report Number. r Remarks; �.7 C •4 Inspector. � EIEd Items G�lcrkad �i RY �, - � " � --�� •..�' _ 'description �iy} �f i_;_Equipment'an�taboC;�'�+..�.;:ry�� � f\Q' ! �Q � �t}.6 1. ' ,•�. �yy� "' F � J de i f�i' �'S�.._4 "ANNA Y��:#��?�� tea% 'p!'�i� _ r. x*. 'Za = �•� �"t �� ^L M���1rydw. - 'i�i � &' TLF,�•. M'F�-�R.b } - �5.1�7�" •' ! 1 I , � .:�'T3E5 •;fir ! � .�.OEItE�M I 1L Capital Project - Construction Inspection Report CC # a"e project Name: OLD TOWN SEW ER PROJECT CA-) 4 ;t/ 4Y J IRT Resident Engineer Inspector: JEFF GIBBONS i i z.g Capital Project- Construction Inspection Report CC#: Project Name: OLD TOWN SEW ER PROJECT Notes; L-, zit— Y ir-,D -Dj,�-o t2:- VJM2-k- L/ o Resident Engineer / Inspector: r{Z0 Capital Project - Construction Inspection Report cc #: 1M Project Name: OLD TOWN SEW ER PROJECT Notes; i la Resident Engineer / Inspector: JEFF GIBBONS i12e Capita[ Project - Construction Inspection Report CC 0: Project Name: OLD TOWN SEW ER PROJECT Report Number: L158 Dft z Shot TLn.: _..� . Stop Thn.:..4 60- -Y, _ Resident Engineer l Inspector: JEFF GIBBONS -j Capital Project - Construction Inspection Report CC � ; 1 l (�,' Project Name: Report Number: Remarks. zu Ole I Inspector. _ r .'Des GtT r �ta dime 4uiprn:ecF�t`a�d;kad��� �r,�,'�,�x�. i�l" arics����-I,. I � i 1 ! I I ! i I i ! i g JCapital Project - Construction Inspection Report CC OL: / / 41f,� Project Name: Report Number.71 Remarks i i Inspector. B�ditems Worked - Day a�1L11eei��t��� ��A w�r� R3 ,7+17' i■Q�ri`�Q`� ��� bmf +`,�' }""� � .i �t� •I ��'�.,a°�i� �•�Eri u�.�r�.i me;:kR�ma'rks € 1 E I � I � I � I { I Capital Project - Construction Inspection Report CCS: I J 12 � Project Name: Report Number: �ate. L �ay.Wa�lieek j F,y� 4 } �w-'Y�. J. 5 wy "•F ii1J C raFllj,�, r1` ; -5fap< Ime r 53 '� Y 5"! h• ti" ,.'n'r - - Bid items Worked r 'Description '�^- :.,,-�J '� mEquipiienca�di�ahaC; `� � �•'" ��u.�"`;:_ ZQ -.,YAh*� V V. K Men _. Description:-_.. i l�I'am.. Remark km 7 1 AGl,� i �> .�. MJ �, �. � � :,,:l�s�tsafs•.#o,Jotsita , ',� Z r— I � j ♦� !3,U JJ J Sig?vJE,.TM c:6 VM�M�3� I i i i Li,' /3�"c.2� �� j l Capital Project - Construction Inspection Report CC*: / JZ `' Project Name: Report Number, r Remarks: Inspector. / Gate War[ced Dai v�'ul[e® or -, = :, r y .��escnption in - I - I I I I I yl�,, I I I P..D i�MlcS., I C_ apital Project - Construction Inspection Report CC # : )Z5 Project Name: Report Number: Da}tf aWee_Description P447ti XIT.Mlle ff.. 1� SIY L —{I 7 3 SM'1" .� �,�111 ��" BidHems 7Vorked ui;iFtent vo � 6ev 4N _ H FI � i1 1 Mdmq �.yy, e +�. zfi -, mfRerrtarics`�� r w �._... I ti I I I � � } I 1 r I ISI t s �'fLO i � I Capital Project - Construction Inspection Report Z,41� Project Name: Report Number: Bate57 A A , r� Day alleeic75'..Description ata�me.-3��i ��-,,�, _ r BTditir s Worked 54 1♦Q ?I�Q' v+ '�. y-•'�'"-A �, ry"-"°`i �i�i`s"xid,�iryrt�.C,�'3,'p Z 1.1c `1. '3 • }. ,`.�—t.r'a1�1a9 YY ii;* T:�i yjh`K� $fx :147etf" . , Qes�nptiar�* F ate..7 r`;lYarsr Remarks �� j f i f � f i � I ;} Trc,rr1�r�r: I I i I -� At" / 7- -C Capital Project - Construction Inspection Report cax; J I ` 0) Project Name: v Report Number. -0ate r3 " WA �'; -yj'_' .� +1': � ^^yy/r •4 h.�� YS�M Y^."1 .-i ;� �5 1. I %3h' i+C 'rt.�.���''+!!±`h� i• "�¢¢$ 1'!' M%r };� � •t�laather ..rt��.� `� r��.;:��,„'i" n,b"��}��, "Fy,� `� .i - w -� r 1 Bid items Worked :Mescnptron I I Qescnptian,- Y., :r 1tamRertartcsw� y�l ti. I i I NC i 4Eis�tacs_to..lctis�te I I 4-­OW"p- > qQ I IE Inspector Ca7ital Project - Construction Inspection Report CC * : 1 -7 Project Name: Report Number. Y� s FDa�r aWeeic tarfine h 4. a'•.'�.r il"T 3„t.+ h Sf'�+'rT t siaine tR"FT i 77, Brdlterms Worked # .`Description f .... _;.Equrptneartd; FidiN0 E4 Nfen _ *Dascri - .... 1�Came �fterstarks s : uc�� ! Ob's 1 I I � I AES� E I I 311� HC,� �_ /) J�) r � �; f (7, t/7 e;7 Inspector. Capital Project - Construction Inspection Report CC*: Project Name: Report Number:N. R=arks, I j Inspector: Yllorktd - -- Darr o€'kllee�� `- ! E4u.rpn.ent'andk.ab�c�� � tt����a N �IUv���� ,.� A`��� �t�' f � 1r7 /! •V ¢Q I -1Lisita's tor'.lchsite- i I G G awea��*`'y' �;'�i TtafSt: �oritral' " -'L7 1,1 7 �'�, _ .4 - i I Capital Project - Construction Inspection Report GC 4: � Project Mame: Report Number: a R.� I i Inspector. J � x.l3tdltems Worlc�d - a Descrijittom !A y '- +�k. .+ -`�J "! 5+1,� '21r. h'�'� i .n R.. .'47` i•Y_- H— `'may'-f .�"vr _ -lllleathet ' �` �•-� - - _n_:��quipriient'arrdL aboc'��,� - E�-Men .rt ,,_�.Descriptiarr`� .�-_:._ _.,�•,>��lame:awF�erEtari�s:�'�`�'- �___ I I Ginn � 7Tli� ' i I I 1 RfPDES ��: w�.a i I k Capital Project - Construction Inspection Report CC*: //7/ Project Name: Report Dumber: d Remarks: I Iraspector. Bid [ternsWocked �Descrtption i.T` - St�rf`"Eime �z,f�:� i . x, qu[prnent'and.t:abo�`•g� �EQ n I j ' G �+.!!., 7 �,rTs�tcrsta.,�$C.L�81loti`site _ � I I - i I } I � I I I i E3'3iE0fl,� 1, l � i I I Capital Project - Construction inspection Report cc #: j )'-7)Project )r Project Name: Report Number. s ��ay oC Week, Bid.items Worked 20 _�Equ�pmentaat_aboat�:'`.t j EQ Men-Eiescrtptio�t=_ Nam:}etnarksrs�: .I I L c �i � I E I I I I IGT ar �er.T Hoc Inspector. Capital Project - Construction Inspection Report CC*: /)?/ 61Prajett Name: Report Number. ,fax of ullesk �;►� 3 �� L e} #� .� - '�• _ + = aescrTptian- I Egi1f m ndta6o y -,ri ' Na :EQ S yi�IQ ��' "� ��°"'i �i�„t•�J � a= ��. ��4. `113c��p- fna `Men .m,_.?:,-17�scnpiron `. . . I 1,44 17 1 n1 •e , F, °ra-� , ,rl(isrtois:ta..ibbsite. �' 21.-i-1. r.. 7Z 1 � a 3 i i I I RemarRss �O� LAG F'tZZ,(/7Lj L Y -4)z,? c Y�n 4 r,gfzr1iCr1:;) zevp+rp c i Z7 On- LP 4, ? D Inspector. a Capital Project - Construction Inspection Report CC*: I ? J Project Name: Report ember: Qate t7at.of Vfleek�� w t E3 z4 T7r'n8 Bid Items V4for ked {E _ ' . _Description �fEgttrpinent;antGa6atP����"�'.,-..�y:�w.�;��,,.� E41 .+.w'y+e.wr IVfen .._-C�escrrptrarr;_.. , M_s�l4am�'Fltemarlis �3 ; J i I i I NFUEs I -JQClc.0 cE�%l'DS 7L /IS Remirks'. C, f Fe-P/P5Y ,.l tiw, 6113 Inspector. Capital Project - Construction Inspection Report CC * ; ) /7 / Project Name: Report Number. C.> Qate �� D.aY o Week = Btdaims Worked lJesc>Ptian r 'Equipnertt and'kabal �'A <f;A x_ .:,r Eoawl 11 id � . �Oi icnpttort �� i /,2 G_ I f .,44 I I 7 I I fly i Remarks: Inspector: Capital Project - Construction Inspection Report cc*" Project Name: Report Number: .:oaten. Bid Items -Worked Day of Week # Description Vifeather:' � - r: :r Equipment`arid tabor. :EO Mez� • _ Desctfpt,otr-- r.. ; . , fWdme Remarks i l[sitnrsao"',lobste I � .1 ,; NPEiES F CC* Capital Project - Construction inspection Report 1� Project Name: / Report Number: Day o Week�'�+ -� s ; - --•tl�eather. e�. _ i� +Bidltems Worked ' # - Descriptcon ,Equipment acid tato: Nd :7'kQ" •i �_. 'y �a- y..- p''^"a [.a yL t ,� y,'"''tE ?^ii ;'��Itek, ri' ;'l� '4¢rr 1�:. .EQ Men 'Micnption;_ s ' • _ , � • , ; _ ame Remarks_. �; I I I i � I 'Tn- rE"y..�.,_a.amraliiC:aontrCi` yk �v j I Inspector, Capital Project - Construction Inspection Report CC X: )17/ Project Name: Report Number. D a ljlleek , StarE`Time �., `;Descriptron ,Equipmeirtantaba`: �::� - �.. Na EQ 1oW � M ; ir� g ,<z C.-��'.� ; ' - G 1. yWr;- l �k. 50- � : s,_� r Nfen ^, ,-Descnp#rortr �._ _. 1VarnRerna}!cs i r GN i Cv. 4�� y:sEtaFs to J.otfsrte z - r zakrolz- I I � I I Vis. P///ZI1i �W,I(;)-T/0`2S L -5 P, jrl6A,12C inspector: Capital Project - Construction Inspection Report CC * ; /)?/ Project Flame: Report Number. / 2 Qate- 1 y z 7 r Day aiKWaek�?� �`� �,,� ��,, T i T ;.5fap lime �R'0.�ir-�?�i��'�4; - Bid Items Worked t "gescrtjatton >=qu >xmenta_nci-tab�K �a' ,EQ .�i'Q�r`�ry�N^",4� �+i+ti,��'wyG.�i2'�'�-+�N„ z�w'�"17R�"n'E.�+'F.Tr �4 'moi• Y.z�T S_, Men �,:;� •�,:Descnpftorr>� .�.�;_ ;,dfi ,.��;,�,L�am Rerssaks "F��;.�? I i I i Inspector: Capital Project - Construction Inspection Report CC # : ] 17 Project Name: r Report Number, Remarks: i i Inspector. 7 J -Btd !tents -Worked - ` D'ax a>�'Week�►� `, „ �„� i+ 1 � k , Description, �P N�'��� EQ."Off eny,T_ :Name*�R-eptasks, w ^t�__ E I 7` F P _aNDES 4 I hhf i - Capital Project - Construction Inspection Report CC*: )/7/ Project Name: Report dumber: ' Oate",� W y - iDs olNesk�ia EN -d 46i i + - �.°.YMP.ati1Bm, BId ltemg Worked _=`�escption, .- _... Equiprat t0d-labor` ..�' .y.. ..5.� i�QY F x Y� 3 ' yAN !' y �h F q �I�1 C �f�Fi`+lYev� [-.•�` �wt 8I1 � k i e�riilQtjgJT_ d alii�':�rldhiark$ E' • /�G+ 7T L J� Sy sitdii to,Jcbwte I i I I 1.1 S r4i./J -'- CC # Capital Project - Construction Inspection Report Project Name: Report Number._ uf moi. i 1 K - ABk! hems Worked description 1 E t bh5 �,Ni� P 'ice �mDR„ h4 NO ',No r rF x� st ,� EQ Nfen - h eecnpiron; M” ,�-{ . arrre4xRemarks u.. 3 { i i i Inspector: /17/ Capital Project - Construction Inspection Report CC*: j 1 [�7/ Project Hams: f Report Number: Date--;''� - r- Bid:.lte .rrls Worked Raaf Week , Y Desckiptean Visrtri%s:ta`Jolsite -' � 1 � �' BIZ• � �'��'"� asw`' .<�R[PDES..�"" t I t Capital Project - Construction Inspection Report CC # : I 7 I Project Name: III Report Number., _ Data 3 JTay of Woe y x 2 rSiap L tea Brd lteiias Worked # Description . .. a ..c,.v.:" -.,:� � 1_.-.-._.Egt�ptnR.n.��{7{i.f�ad�F::l• �,_�f ',Yat• '.S ', w.i. _ _ Ota. [ ♦ +. lea ��p:,"; EQ i1+Een aescrrption �.�_...,_ ;NameFRerrtarks I I ,al ."' D�,�,1 � _ .a �:1•Li's�tars•ta:lcts�te -,` .. ,_.- I t NN3 Fcafitc.CQntraF It S I L ,'QY,i/'" 6,"OT U I �l- S I (� S� l3� f, u, &'XLS Inspector- Capital Project - Construction Inspection Report CC*: Project Name: Report Number: Date Da}[ aClllleek ' r� z y t a '�.5ta�Il1@f'17 Bid Items Worked _ # Oes"ctiptton I .Equi'pment'a� 11�� �— i•d .: j �,yt 4,w'�'4.' xy. ;'.". Mix Ed Nferi r. ,-Description' , Nameldma s> ^�r' I I r1 iso ts.to;.!'obi I I E h I F I 4/2--70-7771 IrL, 1j%Capital Project - Construction Inspection Report CC*: / ! / / Project Name: Report Number: a�Y aWeekt i ' s 5$ i a s a � Btd:`.itertrs Worked k _'E3escriptron I Eq UIP'Rentant:aboG. EQ M1lferi _,-[7ascnpiorr^ '- fytsfarne}i;ettra M... 51. I t �1 /Zyc' LC ,*IC I i I Inspector, Capital Project - Construction Inspection Report CC it : 1 /?/ Project Name: Report Number -1,9 '` {Day nlNeek� �a 41"9 �` x1 N i i i Fame -W ��Lr= BidltemsWorked Descriptions _ fgwpmentandtaboC ,,��<,� tVo N�2N �asarEptiatt?".". I5 I I I 7Capital Project - Construction Inspection Report CC )1-71 1 Project Name: report Number: Inspector; Avr 1-7 r7 )5f fh C, 413 12, 5; %kL-1 s E - pmen> %jG ,w'�' EQ on 8R1 2rniLk3 i I r � U ���1Ci5[trstO,.iObSit� - - f I 1 f I. i u„ I 3 I � Inspector; Avr 1-7 r7 )5f fh C, 413 12, 5; %kL-1 s E - Capita( Project - Construction Inspection Report CCS: } )? ) project Name: / Report Number:^, _ " Da}r afWeekt-r �; f Sfaiime <} WleatherNOW_ BFd Items Worked - i on I _, �f Equipment arad kaGOE-121121 . Q . ,y:.d36, t. i r t�+..9+. r �'W.� 1UlenYw:t7eacnpt1,ors *.,} .[fam.Rernarks�>a" , f u t�IG I . / ',44 _ xr vee aSLtfS:to,.FCiZBit@ t � I I I r f amu; z 'f � Remarks: L�Xr6 Inspector: ,�pi; ?T, X41'e, I3r:Jri:-S Capital Project - Construction Inspection Report CC # ,, / 7 / Project Name: Report Number. 5 Remarks: I Inspector: Dcay�Qc#r'Week�.�,�,f� � ,�• r � *�� -� � �� �- � tiN __� ., " ,.,<3escripiion ��it�f G 1-�ne• �' ' t Sw - �}fit - � *..;:.,.t ��4 y, -.. }'k -�='ii I F I } 4'�� �3' �M1 �F �AY�d���?� ;EQ iAli�9n -.,�'-rte.-aB�CnptlgFC,`.•_,�j:�� i'AeFR------------ a �ICSr�Qrt I i I � ilcaiu i � CC#: )) 7 Capital Project - Construction Inspection Report Project Name: Report Number: 0 3 - ti t ierrr7a 3 -i i _ - ;DBSGTIi7t1Gi1 , f �iG ii�Q 4x+i4 a"'tPar K.��P ��tla. " ug V � EQ Mea•D!escnptiorx,__ _ .:. � T�.� � " ;1�sit�'s.ta..iobstte, - •` i , f I I i I I I t Remarks: Inspector. Capital Project - Construction Inspection Report CC*: ) f 71 Project Name: l Deport Number. Lata" �� t r `"mss 'Da o#YI[esk �� i. rS r- I.1mewr q taiime;,r`� , Bid Items Wonted DescnptaoR I WM hiQ ;NO:� a'`Y RW E Mer v,. ,X_k3Oescn _ ions , § �v . '.. �, �...am IRamartc�.. . � ��r'� � ���,tiGi'sitars:ta,.146SiLa, , •- rx''�r i I I I Inspector. COMPREHENSIVE HOUSING SERVICES, INC. 8840 Warner Ave. Suite 203 Fountain Valfey, California 92708 (714) 841-6610 (714) 841-4341 fax June 5, 2002 Mr. Jamal Deaifi Inspection Engineering Construction 2973 Harbor Blvd., #516 Costa Mesa, CA 92626 Re: Traffic Signal Improvements - Huntington Beach, CA - Project# CC 1128 Dear Jamal: Please review the items listed below, 1. You have not provided the certified payroll for your first week (w/e 2/24/02) on the project. 2. You have not provided the revised payrolls listing hours and wages earned - "this project" 3. Week -ending 3/3/02 - Mario Novo observed on site using a jackhammer; misclassified as a Laborer - Group 1. The correct classification for this work is Laborer - Group 3 and the correct rate is $30.27 per hour. This worker is owed $1.00 per hour above what he was paid for this work. Per our teiephone discussion on 4/19/02, you were to provide the missing payroll for your first week on the project. Forward this payroll immediately for review. In addition, when you were at our office, you stated that the online payroll form would not allow you to separate the hours and wages earned by the workers on other projects. I instructed you to make the corrections on the payroll sheet by hand. The corrected payrolls have not been received. No payroll has been received for April or May of 2002. You must provide this payroll for review. In addition, we must have the payroll for the concrete subcontractor. have also checked with HUD regarding persons operating a "Bobcat". Ms. Joey Harper at HUD has verified that this would be a power equipment operator - group 3. The rate is $38.17 per hour. This is the rate and classification you must utilize whenever a worker is operating this piece of equipment. As a reminder, here are some of the other rates we discussed at the pre -construction meeting, For the concrete cutting, use laborer - group 4 at $31.32 per hour. The rate for the cement mason is $34.96. On the MelMat Construction payroll, it appears the operator has not been paid the correct rate. As discussed at the pre -construction meeting, the rate/classification for the boring machine or drilling operator should be Group 4 at $39.06 per hour. The operator, Carlos Ramos, was paid $38.35. Per my calculations, Mr. Ramos is owed 30 hours $0.71 = $21.30. Per HUD requirements on Federally funded projects, certified supplemental payroll is required. Mr. Ramos will need to sign the certified payroll next to his name, indicating receipt of payment (also a HUD requirement). Please do not hesitate to call me if you require any additional information at this time. Regards, Heidi E. Hagan Prevailing Wage Compliance Program Manager cc: David Verone. City of Huntington Beach COMPREHENSIVE HOUSING SERVICES, INC, 8840 Wamer Ave. Suite 203 Fountain Valley, California 92708 (714) 841-6610 (714) 841-4341 fax June 12, 2002 Mr. Jamal Deaifi Inspection Engineering Construction 2973 Harbor Blvd., #516 - Costa Mesa, CA 92626 Re: Traffic Signal Improvements Huntington Beach, CA - Project# CC 1128 Dear Mr. Deaifi: Onsite visits and payroll review have revealed discrepancies in labor performed and payroll classifications. To clarify these issues, we need you to provide the following documents: ORIGINAL CANCELED CHECKS FOR THE WEEK ENDING 2/24/02 THROUGH THE WEEK ENDING 4/28/02. IF YOU CANNOT PROVIDE THE CANCELED CHECKS YOU MUST PROVIDE BANK STATEMENTS LISTING THE CHECKS NUMBERS, DATE CLEARED AND AMOUNT OF CHECK. PAYROLL RECORDS INDICATING WEEKLY RATES OF PAY FOR ALL HOURS WORKED (I.E. PAYCHECK STUBS ETC) EMPLOYEE TIME CARDS SHOWING HOURS WORKED AT THE ABOVE PROJECTS, AND SIGNED ACKNOWLEDGMENT FROM EMPLOYEES DOCUMENTING HOURS TO BE PAID. DAILY JOB LOGS LISTING THE WORKERS AND TYPE OF WORK PERFORMED. The above information must arrive in our office within ten (10) business days of the date of this letter. We will expect receipt by June 27, 2002. Please do not hesitate to call me if you require any additional information at this time. Regards, Heidi E. Hagan Prevailing Wage Compliance Program Manager cc: David Verone, City of Huntington Beach �f=iC OPERATIONS 714 523 6448 P_13/19 TRf ty1y.]�GYJ—GIS'%G 1$'>d r.M4 Yi �VI� 1•7rJIW\� i,1V . ..JAI + r sas..a�attrlt�rir+n i LV-LJAY 1vU i i%,s 'not OW 4001AffY 20 p \ 710E an RvWcuaE SIDE USE PROOF OF SERVIC" -+to^M Of CALIFORNIA RIF1JMnV A (PU9UC AND PRIVA'T'E WORM �✓ 1N ACCt]RODANCE WITH SECTION 3087 AND 3088• CALIFORNIA CIVIC_ COBE J r IP porta r is r r� Golo�`' G Fatilt d Rar.a �__.._.. ,..�...-........__FO).(� HERE..._••..•....r.............. . OWNER or PUBLIC AGENCY or Reputed Owner (on public work) ton pelvate work) City of orange 300 E. Chapman Orange, CA 92866 Construction loan no. (if known) ORIGINAL CONTRACTOR or Reauted Contractor. if Any IEC 2775 Mesa verde Dr. E, Suite M103 Costa Kesa, CA 92626-4957 SUBCONTRACTOR with whom clairnany has COMlactf d YOU ARE HEREBY NOTIFIED THAT. - 1,120v Halters, -1 'ac. 79 N. Grove Street Unit C inafiuim. C_A_ � >�ti6- 2125 etsms sad Barras of pa -01 u prla'rradsA has furnishod or will hrrrtiah tabor, fisMiC4111. rquipmant Of materials of the fpyowirtg ganoral deceriphon, __Tnrat 211 tion of Traffic SiAria1 �.rsnia:R riq f_ACt, i7rs -- - - - I.YrrY M.�.ran./ aM typ..IIW.4 I.Yi.FM Y MNr� 1..�YM� �Y M QAI'rl.,l for the bulldog. struewre or other work at vnprmawAnt located at: ou 0 n 'ons Oran o Count (ddnas Or ra,®int" MW WM nosa w hr rl,a wom The name of ins psraan tN firm who Contrpcted for the pureneat of suCh labor, advices, equipment or matariols: � Tzc - NOTICE TO PROPERTY OWNER it bpi* ora not pAd In full for the febor, services, v9dprtwrf, or reaAtu els lurnishad or to bo lumbeha+k a roeehsrtis's tial lso to *0 law, tMeuah taut fondaaws precosdw", N A as port of your property belno to iar(provod ntav be 0800 spelest the property *van thwoh you hutw said yew srrtrsctsr le *A. You may vAsh to protect yourself eestrtat We asasequsnae by I,I requiring your eomraefar t4 furalsh s slims -ion* by the parson or flan paving vw *" nolloa bsfws melena psymem to your eontMCW at (71 MY other n**Ad W doWea Chet it •pProAdato urldor ow 6Mvv stsncas. Ths tuts.n or film ptalna Pisa orhire is Mgvlrad, puraWM u • aaYacfiw as "korp oliro+mant. to pav ittpokmerstal mines (veru item aneweas trust Ived (doovibed it CWJ1 Cede 131111, said (and Is idano'Nad N follows' taut% if inspos"1 sl crlau I.d.$av Nl,w•.i 4n1a.1 IWh.s.l ltidW this dm- 2/7/0l An sitirhlats of the total prion of fhb labor. servitat, agrtiprr»rR of matariale furrrlrhodw to he fufn4 hall it:: s S . QSID1nZ .•�._-.� .._._._ VIIIIH If)IIIr 1111111 folio '# Ill H.J7,-2a-2002 14: 50 TRHFP I C OPERAT ] ONS 714 523 6448 P.14/19 STOP NOTICE LEGAL NOTICE TO WITHHOLD CONSTRUCTION FUNDS IPubllc or Private Work) (Per California Civil Code Section 3103) To: i Project: Various Locations A,r r.rrt•. &5 ewv oe starer aw. r..,e Z.a�H •• 00 apman Ci_tY of BuOrartale ..� tunld>r A aaet v<s. aaC IVAr Asse.. gt.a.•a1 r.uripr uolta+x Burst Sze ze Prange Cil urea Mlo - t Vail Ae apt TAKE NOTICE THAT :urr. ami Fteso. a rw� Tcu.ANrOSITSMA Io C. W mt .fir..m "Or" n.c*es : a *NOT whoet address is 1179 K. Grove_ street V{ t C� 11�a�7d�mN CA 92806-2125 has performed labor and furrilshed materials far a work of improvement deserfhad as follows: Veer OUS Locations, r i vt eee,ae.++oy e>F hit nw,teT rA .•tu The )oboe and materials furnished by claimant ars at the toliowing general kind: _ Installation of TraftiC RianaltC t r+e iberl , :Ouw•Tr*, oa wt c{ 1ypf,da 0011 'ANN A rlawe.ee n eiaaAAif The labor and materiels were furnished to at for the following party' I . s . C . JK.M.W Tk ..1n ...e oaeeee net weer +— ! Total value of the whole amount of labor and materials agreed to be furnished is :......................... 5. 11 r 25D. Do The value of the labor and materials furnished to data is: ............................................................ $ 11,250-00 T Claimant has been paid the sum of:.................................................................... . ........ And there is due, owing and unpaid the sum at: ...................................................................... 5 11_._75{1. Dl1 You are required to set aside sufficient funds to satisfy this claim with interact, court cosle and reasoesble costs of litigation, as provided by law. You err also notified that claimant claims an equitable lien against any construction funds for this project whicn are in your hends. FIRM NAME: - 1joap masters. Inc. 9y'-- - IrMwetlror•voret narraen tbw n oa+eaar fter.a" VERIFICATION I, the undersigned, say: I am the President of the olaimam 1'pi[laeet M.' 'IYIAwere 05."t• ►.arra er.` Y1w.0 a►,• •Aoarr named rn the roregetng Ston Natiee; I have read said Step Notice and know the corrtorrte thereof; the sears is pare of my own knowle#ge I declare tinder penalty of porlury under Vie taws 9f the State of California that the foregoing N Tate acrd Carcass, Executed on 5 10 01 , -0-1 . at &13911eim1^A IBAre Tie aaC..rfYt r+l *am% �.rr�rys Ara 0T.r1 `rliq $iom eq�gq r'""'�' TK r.wa.. W-0 a SWIAMee rwr" Ca",aM or STIP ►lerl:r a+a: rWp REQUEST FOR NOTICE OF ELECTION (Privale Works Only) (Per California Civil Code Section 3159, 3161, or 3161) If an election is made not to Withhold funds purivent to this Stop notice Ay reason of a payment bond having been to Gorged In accordance with Seetiohs 2235 or 3162. please send notice of such eloction and s copy of the bond within 30 days of such cles rlon in ,the encrosed praaddressed rtsmped envelops, This;nforrnation must be provided by you under Civil Code Stetlons 3161. 3161, or 3163, Signed. Ici.opmz mAT trt►osi 1r1r•wm%usty PAWN swam wn,.r p,�. •nor, .r a" ".. clew swr S TOP NOTICE itliM WOLCOM roena3. INC. DOM you use thi7 form, reed it. till ,n ea brsnks, and rllsYe whrterer ehalraaa era appropriate arid neonaarytsyowPrrtrcleutreMacase co"auha4tryglft+eudoubt SSE REVIr'ME SiDE FOR Ai 6MONAL I AMRMATION. rhe lawn's rimtss IN, IF pvee?!c snp Mie. weMatte raalttu no nere/enNTfelr ar riuu-Gb-eine 14.4/ • 40,=SC, TRAFFIC OPERATIONS CITY OF ORANGE 714 523 6448 P.02/19 DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION STREET DIVISION TRAFFIC DIVISION WATER DIVIsioN (714) 744.5544 (714) $32.6460 (714) 744-9340 (714) 286-2475 FAX: (714) 744-6961 FAX: (JI4) S32-6444 FAX: (714) 744.6961 -FAX: (714) 744.2473 June 21, 2001 Jamal Deaifi - Inspection Engineering Construction 2775 Mesa Verde Drive East, Suite M-103 Costa Mesa, CA 92626 Re: Bid No. 001-17 Signal Improvement Project; Signal Tum -on for Lincoln/Canal Dear Jamal, This tetter is in reference to the scheduling for the signal tum -on for Lincoln Avenue at Canal Street. As you are aware the traffic signal standards were Installed the week of May 1, 2001, and ail intersection wiring, cabinet termination and final splicing was completed the week of May 21, 2001. At this time you met the City inspector and your striping contractor to go over the plans and scheduling. You discussed in our meeting that the signal tum -on would be scheduled within the following week. As of today's date no arrangements have been made. There have been numerous telephone conversations inquiring into this matter with no results. As stated in the standard specifications the contractor shall work diligently to complete the designated work within a timely manner, especially Lincoln at Canal since construction is completed except for striping and signal tum -on. You need to provide a weekly progress schedule; if your schedule cannot be met IEC must, in writing, provide a new Schedule or state the reason for noncompliance. The last time we spoke on Monday, June 18, 2001•, you were told if arrangements were not made by the end of the City's work week (June 21, 200 1) that the City would take all necessary steps to set up and schedule a striping contractor to complete the signal turn -on for the week of June 25, 2001. ORANGE CIVIC CENTER 300 E. CHAPMAN AVENUE ORANGE, CA, 229416 HUH-eo-ems 14;47 TRAFFIC OPERATIC 714 523 6448 P. 03-119 Please contact us with your schedule by the end of today's workday. 1f you have any further questions please contact our office at (794) 532-6427. Sincerely, V-Q-Zjv Dennis Schmitz Senior Trak Operations Engineer CLFlekb PJ Lincoln -Canal sig- urn -m r*-+u-CKi-e0k:24 1 K: 4tJ I **FF t C. OPERA T 1 ONS 714 323 6449 "HA IVu- i 1144J4 t e:LV P. 04/19 Tun. 21 2001 g2:03PM PS 06/22/01 Mr. Drnnls J. Scbmitn Senior Engineor City of Orange Orange Civic Center 300 E Chapman Ave Orange, Ca 92866 Reference: Bid No 001-17Traffic Signal improvement at Various Location. Subject: Schedule. Dear Dennis: IEC is submitting. this schedule for the turn on of the intersection of Canal do Lincoln on Juno 26, 2001 at 12:00, IDC representative will be on site as will as our striper (Canon Coating CO). IEC could not do the turn on as scheduled because of the work load th$t our subcontractor have on hand, to do the striping ( California Traffic Maintmmee). Please not that the fowling schedule well change it SCE did not energize onr new services on a timely manner at Taft & Clsssell. If you any question please call me at 714-240-9272. Yours truly. Inspection Engineering Construction. Jamal Deaifi 2775 Merz Verde Drive F.alt. Suit M 103, Costa Mese, Ca 9=6 (714)-285.6965, [rax (714)-49,-7719 LiceA w 4 767793 Huu-2&-,e002 14 - 48 TPPFFIC OPERRTIONS 714 523 6448 P.05/i9 ,...1-, . r LW§.3.( flo Jun. 21 20ol e2:e" p2 � k k § � % k| k I.] C% 46 § �� ir � !L } � � 2 \ _ cr � k k § � % k| k I.] HW -2b-2002 14:51 TRAFFIC OPERATIONS 714 523 6448 P.16/19 .9 STOP NOTICE NOTICE TO WITIIIIOLD TO RIDER OF FUNDS [E CITY :Tr~Or7AE6£Re tFii�IANGI� �Ug e r plawe d $UMI, aaaern dim loyal R oadik eRe81 637 W. Struck Ave, _orange, CA 92867 ___ ___ - ;1101.DROFRINDS. �4r •r mom of arae of earpacUM 4aderl YOII ARE MY NOTIFIED THAT k aaafmsigmd claiwoL Canon Coating Company,_ Inc. - hu furaiabed or Ate agreed to 1"sh poor, aeradeeq ra�a.ar.1 a■atelfaiA of1baM ft hm Sandblasting, Layout and Striping Itmw 613"Naa of idem. uniw6 www at awuaw IadrTr inssaectirn 8n01uverina Coastructio ,�,,,;.praree> lurtuat,rknoao,u, • Nye r kerne u w tr ■rre w1drhaa Zincon and Canal - Chapman Crams of chandler Ranch W&M tipl haarierin dmglil. of AN r p*d wowkw" The aawmt is MM of Ibe mWif opted to to dose a faroiftl y Maeat a S 13,459-00 - The aaneuat n nhx a! that already der ar Taroislael 1T tJaggol is t _ 0 clairaat has bno paid the sm of ; -0 oeN !lyre rtnries Ise ted iepald the aerA of 13,4$9.00 ow interest thread at lite rete d -12--w ant poi areae Iras.-s!]AIX 15, 2001- - - , I&_ M AAE IIERTpT NOT010 TO tM rHWD SUfMUNT t•UbOS TO SATISFY TNIS 0 AIM WITH INTPHElT. Doled240.1 STATE OF MIFOMIA + IAIw M of R LIU William Mareruet xM of Cls and V.Q. Box 399 Norco, CA 92860 man o1 pairs! - - - - - , 7 1 betel 4Th, -Ora, depmu and says: Thal _he It the pe MO rhe sit* the rore{dnl Stop woke., twt —.he Mai red We unit and tam the oweRts thettal 10 1e Itw Of bit~- MR hnw kkt dcept as to"mltgrs or things that may therein he salad ce hist. intarnal�a wd bake( and As to (brie araltrrs tad things _he btlem fhedt to he Iron. Subscribed ted arum to iefora nae ,vor«te ti rho CalnrMaaeaanalluff rrdar, Fadi a h a W W UW tratr pip uVemw mom, Apart -ca llmrb MM wn �1eecwJu11114 Wi 14;D1 TRPFFiC OPERATIONS 714 523 6448 P.15/19 CITY OF DIRECTOR OF FINANCE (714) T44-2284 FAX: (714) 744-2245 August 30, 2001 kispection Engineering Construction 2775 Mesa Verde Drive East M103 Costa Mesa CA 92626 As: STOP NOTICE TRAFFIC SIGNAL DAMOVEMENTS, SID 001-17 Dear Sir or Madam: We have received a Stop Notice (copy enclosed) in the amo=t of $13,459.00 from Cagan Coal ft Compmy, Ira for the above refemnced prvjecL Caldomia Code squires that we withhold an amount sufficient to wwwar this claim and provide for the reasonable cost of any collection and litigation there under. Until this Stop Notioe is released, we must withhold 125% of the amount of the Stop Notice from any of our fuhme payments to you for this project. Once you have settled this claim with your subcontractor or supplier, please provide us with a completed and notarized copy of the enclosed release form. Using our standardized form will ,Waite these funds available to you as quickly as possible. Any releases received on forts other than the enclosed will need to be approved by our City Attorney before'we can process your release. The release form most contain the project name and number as shown above and must be notarized. Please feel free to call me at (714) 744-2266 with any questions. Sincerely, Daniel Bruno Accountant Enclosures (2) cc: Canon Coating Company, Inc. Public works Department # W-26=2002 14'49 TRwF I C OPERAT I ONS 714 523 6448 P. 11/19 __._�.....�,..�....�.�..,�•�-��.i�ii�ui�.�1.�u��twwtiY/�l,A1t\���/,ll�llll/�;►\Ut\\�/////I/� STOP NOTICED � L LEGAL NOTICE TO WITHHOLD CONSTRUCTION S (Public or Private Work) (per California Civll Code Section 3103) CITY To: - - n' � ORi4i'C� _�`.�{- og �arfdwwaeee..s.'..w Project: Vali 1 'r NUME_..,�, 3(ln F. _Ch ,mo EL Lina2i8 Atretue —� ra r eta to. wnc e. wAwn.3MAs". �M.irn, wtwa iw iAoo,; — _OrLallae, CA 92>1fi6 earns'. �a 97Rf;{, sun A.4 al tr ata Aw to '— TAKE NOTICE THAT- �,OQa �lA�� �II�. ,� Awe 1. ere P199 tts Hoar C Aaem r/M iior Lw11t1ACraaa war im rm rAw we= wm1i HWJZ e*a Lwm is iaiTT— whosa address is 1.78 N. Grove Street Wj C, Anaheim. C�,�6- res w rrela.4L a ww aArwaM tuna& —�- �--- has performed labor and furnished materials for a work of irnprovomaht described as follows.Variouy locations r - - WANG Ars ult'wt1Pf W rte MOACr tElesa WORA a WAT51"Ls War The labor and materials furnished by claimant aro of the fallowing general kind: tnRt n 1 in t i nn n f T (Kwo GwrAsOm. idwca . Iau�reaM, OA "At N"Al Ir1lRARIM OR "MM VO as RAvOKO air The labor and materials ware furnished to or for the following party:._ T _- E C Alla OF M /Aare 1r•10 0aOM1a0 111E elwc OA MArAyt11 Total value of the whole amount of labor and materials agreed to be furnished is :......................... The value of the labor and materials furnished to data Is* ............................................................ 4 715,95-00 .. Claimant her been paid the sum of:................................................................. S Andthere is due, owing and unpaid the sum of: ......................................................................... 6 You are required to not aside sufficient funds to satisfy this claim with interest, court costs and reasonsbie costa of litigation, as provided by taw. You are also notified that claimant claims an equitable Tien against any construction funds for this project which are in your hands. FIRM NAME: `l.nop KaStnrc TnO,--- _ 8y: INA1ur W Icor 0m1c1 aArulm PA100 at Awry drsu r Nana ctA M ff war ma" M Pan voor lam" VERIFICATION 1, the undersigned. aay: I am the PraS j dantint - the claimant rrlaRperr er.' `N""M1 W."A rwmm Or." Wan or" 'Aaarr OF;" em t i.l name@ the foregoing StOp Notice, I have read said Stop Me71ea and know the contents thereof; the =ams is Crus of my own kno gs. 67 1 declare under penalty of perjury under the laws of the State of CAGfornis that the foregoing is true and correct. CC:wI:xecuteld an September 1 300 as _ Anaheim_— _ CA_ Q - J cws "a paL'{IeM1r WAR a.R/sel INMII Or Lir Alp SUN WHal 00, RIa11rq U.- � � p Iftuomt 9Mrrtt i lid WoMOMMIIAL WPO M 5 Www Tmr rod CmffWmo WW dotes AM roue A" REQUEST FOR NOTICE OF ELECTION (Private Works Only) (Per Cslifamia Civil Code Section 3159, 3161, or 3161) If an election is made not to withhold funds purwartt to this stop notice by rehu m of a payment bond havkq been recorded in accordance with Sections 3235 or 3162, please send notice of such election and a ropy of the bored within 30 days of such alaation in the enclosed preaddrassed stamped envelops. This information must be provided by you under Civil Code S■cttioni 3159, 3161, or 3162. Signed- LC1Awter Isa:TT Isawa Rgr-AOO Sltk IT4WMD ONCA l! WOL.COTTS Ponm 991- Rev, 3-06 {price class 2AI STOP NOTICE 61991 WOLCOYTS FORMS. INC. aeture ytw use aria form, read It, fill in ON blaniw, and Melts whatever Changes are a Ptapn�teandnsaRisarrtoyewwrticulartrarpaction. CeftRtAtaJawyRrifvoudallEt tet! form's r4++.es for your 09MA a and us■. Welmrto Wakes m npleermetion or SEE REVERSE SIDS: FOR AdINt10NAL OMFOOtl1AIWN. warranty.a1elrAtAelrrr...�r....:w... _. 14;49 TRAFFIC OPERATIONS 714 523 6448 P.10/19 C. el CITY OF QJMNCE DIRECTOR OF FINANCE (714) 744.2234 FAX: (714) 744.2246 September 21, 20131 Iamal Deaifi Inspection Engineering Construction 2973 Harbor Blvd. #516 Costa Mesa CA 92526-3912 Re: STOP NOTICE TRAFFIC SIGNAL BOROVIEMENTS, BID 001-17 Dear Mr. Deaifi: We have received a Stop Notice (copy enclosed) in the amount of $1,293.00 firam ,Zoog Nmrers, Inc. for tilt above referenced project. California Code requires that we withhold an amount sufficient to answer this claim and provide for the rcasornable cost of any collection and litigation there under. Until this Stop Notice is released, we must withhold 125% of the amount of the Stop Notice from any of our future payments to you fbr this project Once you have settled this claim with your subcontractor or supplier, please provide us with a completed and notarized copy of the enclosed mlease form. Using our standardized form will snake these fiords available to you as quickly as possible. Any releases received on fortes other than the enclosed will need to be approved by our City Attorney before we can process your release. The release form must contains the project name and number as shown above and must be notarized. Please feel free to call me at (714) 744-2266 with =y questions. Sincerely, ` L.� 0MJZIUI/1t vu— Daniel Bruno Accountant Enclosures (2) cc: Loop Masters, Inc. Public Works Department To: i txrstNi TUNS 714 523 6448 P.IEV19 k'H 1 1U "+t!r, V IE dSTOP NOTICE LEG h NOTICE TO WITHHOLD CONSTRUCTION FUNDS CITU OF ORANGE (Public or Private Work) FINANCE (Per Califomia Civil Cafe Section 31 M) Project. TAKE NOTICE THAT &(4,11 whose address is %ir lq e l i/ has perfortned labor and fumisho mate' for for a work of improvement described as follows: X w I,I (C_S -_ 1 461, � V f t(a { c t 1P. The labor and materials furnished by Claimant are of the following general kind: The labor and materials were furnished to or for the following P Total value of the whole amount of labor and materials agreed to be furnished is.. ................................ ! ,'he value of the labor and materials furnished to date is ..... ............................................................ - $ Claimant has been paid the sum of .................. $ 406• - And there is due, owing and unpaid the sum of ..................................... ....... .................................. _i- — �% '"" You are required to set aside sufircient funds to saflsfy this Bairn with Interest, court coats and reasonable costs of litigation, as provided by law. You are also notified that claimant claims an equitable lien against any construction funds for this prt+jeot which aro in yourhands. _ / 0. n d FIRM NAME: VERIFICATION [.the undersigned, say, I am the d e t— the claimant named in the foregoing STOP NOTICE: I have read sold 3TOP NOTICE and know the contents thereof; the same is Into of my own knowledge, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and coned Executed on l d l - 0 0( at Or A k (, y e, k. REQUEST FOR NOTICE OF ELECTION (Private works only) (Per California Civil Code 3159, 3161, or 3161) If an election is made not to withhold funds pursuant to this STOP NOTICE by reason of a payment bond having been recorded In ,ccordance with Sections 3235 or 3182, plee*e *and notice of such elec fon and a copy of the bond within 30 days of such election in .the enclosed pro -addressed 'stamped envelope. This Information must be provided by you under Civil Code Sections 3159, 3161 or 3162. Signed: nu.i'"GL1-GYJF'JG 14 � Jl «t +� ur'tl1H+ 1C 714 523 6448 P.17/19 � .P;o ;.e CT' OF ORANGE DIWECTOR OF FINANCE (714) 744-4 FAX: (714) 744^2246 November 5, 2001 7arnal Deaifi Inspection Engineering Constrlrction 2973 Harbor Blvd. #516 Costa Mesa CA 92626-3912 Re: STOP NOTICE TRAFII'1lC SIGNAL 1'ROVEMENTS, BLU 001-17 Dear Mr. Dealfi: We have received a Stop Notice (copy enclosed) in the amount of $506.00 fivm Lowell Baker's Striping Service for the above referenced project. Until this Stop Notice is released, we will withhold 12N of the amorurt of the Stop Notice from any of our future payments to you for this project. A review of City files indicates that Lowell Baker Striping Service did not file with the City a PreI;iminary 20 -day Notice. Once you have settled Haas claim with your subcontractor or supplier, please provide us with a completed and notarized copy of the enclosed release form. Using ora standardized form will make these frmds available to you as quickly as possible. Any releases received oa forms outer than the enclosed will need to be approved by our City Attorney before we can process you release. The release forth mast contidn the project name and number as shown above and utast be notarized. Please feel free to call me at (714) 744-2266 with any questions. Sincerely, W.VAQ V�Z Daniel 13auno Accountant Enclosures (2) cc: Lowell Baker's Striping Service Public Works Department ORANGE CIVIC CENTER QAA o f%JWAeu•++ ..■■e•■■■T - __ pW_,>0--2002 14 : 50 TRAFFIC OPERAT I ONS 714 523 6448 P. 12/19 r CITY OF ORANGE C"ITY CLERK RELEASE OF STOP N t t 15 Am 7' 29 TO., _ Gi ty of Orange 300 E. Chapman, Oram a CA 92866 i ft are Wmby nditd Khat the toderslaned ctalmaat WOMB VWWW Stap WOOS dated -_ Sept . _ t ? , 2001 In the amount of; 1 295.00 iQetrist_ City of orange as owner or public body and _ i N • c (Inspection Engiagerinv _ Canstructf on) as prime contractarin connecIlOn with the work of InVroverrtOMiatown as Various Locations. -.Lincoln Avenue, City of Orange tq the CRY of Orange , CDU* IN — Aranae _ State or cablornta. Bate._ November 12„' 2001 Name Of cwMant , Looe Masters. Inc. �-ft� 0M WWI) By President to Ik+�el�4rl VEFUNCATIOK 1, the undersigned, state: I am dle President of r+" d%.pMMw r,'1 p- Vw r,'ow+r 0r. we f the clalteant named in to tomoo ft Release; I have read said Release of Stop Nadce end tatow the con NU thereof; and l ally Out the some is two of my own krm*edpe. I ver* (or declare) under penalty of pedury under the lacus of die State of Wanda do tfte foreOng le true and eonreet. Executed an NovAmber 12 _ , 4—EMM-1 at _ _ Anahp-i at State of California tsp,.rr.dnemwe«auata�.9r�nt .�� wdl�p/fiPnit}e111—sI�ttlti:0�lrOrN0110E.•Mwr-O �� r��i4md~iil�riwtiN� err r��°rr1�yy��w 41MpMplCprt!wMr we. Yukltoinl4 N�.1YItlIMt1M4+yrs,IMFtMt`�MtnrM1Y�M11eM11tllr/rnra� �-,-e-�� 14:52 TRAFFIC OPERATIONS714 523 6448 P.19/19 THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING IJP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, LVEN IF YOU HAVE NOT BEEN PAID. IF 'YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. CITY OF GRANGE 30© E. Chapman Avenue Orange, CA 92.866 Attention: City Clerk The undersigned has been paid in full for all labor, services, equipment or material A ishecl to: _ on the job of the City of Orange in connection with the work of improvement known as JobfContract No. , . located at and does hereby release any right to a mechanic's lien or stop notice or any right to a labor or material bond on the above -referenced job, except for disputed claims for mm work in the amount of S Prime Contractor: Name of Claimant; Address of Claimant: _ (Phone No.) Date of Stop Notice:. _ _ (Amount of Claim) Dated: REVERSE SIDE MUST ALSO BE CONTLETED By: (Signature) (Name - Typed or ?'tinted) (Ofcial Capacity) Q/s1Vavvdun=diMtwaiv z&m1eaae DAD:da TOTAL P.19 rrru-r i i urrlcrt I i U4V�D Y1LIu GG-GCIUL 14 • 4A 2/7/02 714 523 6448 P.67/19 Mr. Dennis J. Schmitz. Senior Enoeer .City of Orange Orange Cmc Center 300 L• C iopman Ave Orange, Ca 92866 Reference: Bid No 001-17TrWEc Signal Improvement at Various Locations. Subject: 10% rmation. - Gear Dennis: The intend of this letter is to let the city know tit the a above mentioned projecr was completed sad accepted by the city on January 8'h 2002, MC is submittitxg this invoice :For the fdty permt of the 10% re endcn for the total amouat S10,389A2 AJ the invoieex for SCE it been Paid in fug, I included a copy of the rasher check If you any question please call me at 714-240-9272. Inspection Engineering ConatMetioti. Lam' Jamal Dealfi 2775 Me" Verde prime Fut. Suit M 503, Costa MOW, Ca 9206 (714)-1354965. FAX (774)-4347719 13sease# 74'77M3 ... r1.4 z)e-,) b44ti G of Orange Pubfic Works Department Traffic Engineering Division Me—M--0 To: Helen Bell, Finance Director Toni: Harry Thomas, Public Works Dnwor _From: Roger Hobnbaum, Asst. City Engineer Date: Fekuary 8, 2402 Re: Release of Contract Retention Funds —Bid ##001-17 Contractor: Inspection Engineering Coustructiolt On ,January 9, 2001, the City Cou=ii awarded a contract for traffic signal improvements to Impcedon Fugmeerixtg Construction. The work hes been cmvletod to the satisfaction of tate Public Works Depa hnaiii and on Imary S. 2002, the City fiomtallyF amepted the complyion of the project, A back -log of work at the County delayed recording the Notice of Completion unt l 1.-31-02, and subsequently fhe release of his rdadon Rids is not scheduled until )March 7, 2002. As the cotmractor has paid all his subcormractom that we are aware of, including Southern California Edison (copy of receipt attached), we ate requesting dw you release 500/a of his retention payment at flue time and the remamin& 500/,Dbe released on 3-7-02. ,ne contractor wishes to pick-up fixe check when it is available, please call Jamal Desi$ at (714) 285-6965 in this regart prank you. *P, h.hw ars Reined Paper E r RM R f .VUKdN IMTM lldTnwA Page 1 of 1 6 f John Itasin From: John basin Sent: Tuesday, August 20, 2002 10:41 AM To: 'dschmitz®cityoforange.org' Subject: Request for Public Documents The City of Diamond Bar requests copies of public documents pertaining to the general engineering contractor, Inspection Engineering Construction, on the City of Orange's most recent traffic signal improvement contract. Your cooperation is appreciated. JOHN L. ILASIN Assistant Engineer Pub[ic Works Division City of Diamond Bar 8/20/2002 0 ALCt-20-2002 14=47 TRAFFIC OPERPTIOIS 714 523 6448 P.01/19 CITY OF ORANGE - FaCSimileTransmittal TO: t,�] LA/� E �4�.lOc DATE: g` �.-ID ATTENTION: FAX:-6—nnerN, FROM: City of Orange/Traffic Department SENDER: � J� � , rr 637 W. STRUCK AVE. Orange, CA 92867 PHONE: (714) -6427 NUMBER OF PAGES: a FAX: (714) 744-7543 (lndudng this page) SUBJECT: --Gv Tm 6e�JA( ) Original to follow by mail: Yes ( ) No ( X) Aug. 9 102 10:49 KUNICR FAX 720 08004.. +?d 09:49 30S5942668 RISA CIVIL EMS P. 3 PAGE 02 Ur. 1 4 1001 WALNUT HOUSING AUTHORi'P77A 13 .ISS S. LZMOV IVF,. Suites G mod L WALNUT,CA 01789 !hone, (M);95-7943 Fax: (900) atlit.O" DF CEMBER 3.2001 HOUSING AL7HORITY AOENDA: DECEMBER I2.2001 I•U, WALNUT 1'IOUSVgrj AUTHORITY V lA: JEFFREY C, PARKER. EXECUTIVE DMECTO FROM: DONALD A. ALLEN, DIRECTOR OF.CO.MNWy Y SERVICES ` SU'RTFt:T: AWARD OF PTI) - TRAFFIC SIGNAL. NOGALES AT FRANCESCA ©RIVE Included in the 2001-02 Capital Projects Budget was the installation of a traffic signal at the intersection of Nogales Street and Francesca Drive as put of the development of the Senior (:lousing Project on Francesca Drive. it is reeottunanded to reject the low bid and to award the bid to the second bidder in the amount of 11'107,884. During the development and planning of the Senior Housing Project on Francesca Drive, the City Council directed staff to include the installation of a traffic signal at the intersection of Nogales Street and Francesca Drive. Funds were budgeted in the 2001-02 Fiscal Budget for the preparation of Plans and Specifications and the construction of the signal. REV aa TWA17 Bids were mceived and opened on Tuesday, October 30. 2001 for the Nogales Drive/Francesca Avenue Traffic Signal Improvements. The lowest bid was received from inspection Engineering Construction. Inc. (IEC) in the arnount of 599,990.00. The second low bid was received by L. A. Signal, inc. in the amount of $107.884.00. nFr 1 4 7001 P. 4 auq. s '02 10:50 KONICA FAX 720 OF:49 90'3`ad2650 AtA CIVIL EW PAW 03 The Project Engineer has reviewed the low bid submitted by Inspection Engineering Construction, Inc. (IAC) anti from his review he is recommending that we do not accept low bid and to sward to the second low bid submitted by L. A. Signal, Inc, The reasons to justify this are as follows: Y 1. The references provided by the contractor (EEC) did not show a positive response regarding his capability to perform the required work. ?. During the last contract with the City of Walnut in February of 2000, the contractor showed a lack of consituction workmanship based on the following: Pavement trenches not being compacted properly and continuing to settle, Traffic Signal electrical wiring failing and forcing L. A. County Public Works Signal Maintenance crews to re -wire A majority of the traffic signal at the intersection of Ls Puente Road and Morningside Drive. • Contractor installing signal lamps with the incorrect wattage. 3. During the last contract with the, City of Walnut, the contractor did not meet the following project deadlines as required by the contract for reasons other than delays in material delivery: • Primary Construction (New Signal Installations) Construction completion date per contract: June 19, 2001 Revised complexion date due to material delay: August 11. 200D Actual completion date (turn on): September 13, 2(100 • Change Order No. 1 (Signal 'Modification at Pierre/La Puente) Construction completion date per contract: August 10, 20W Actual completion date: Septcmi er 5, 2000 4. During the last contract with the City of Walnut, the contractor showed a lack of experience in the management of a project such as this by failing to properly coordinate the construction with the sub -contractors and with the City resulting in several months of inactivity and delays. The City requested assistance from L. A. County Department of Public Works, Signal Maintenance Division in order to complete the work required for Change order No. 1, 5. During the last contract with the City of Walnut, the contractor failed to respond in a timely manner to punch list items and other directions issued by the City resulting in several months delay in completion of the project, In addition, a Noriae Of Correction was issued to the Contractor on September 19, 2DOO for repairs/corrections to be resolved as part of the one year maintenance period. Those repairs/corrections were not completed until January 17, 2W I, The City attorney was contacted and has reviewed the above information and agrees that justification is warranted to reject the low bid by IEC. Aug. 9 '02 10:59 E16;'F,�1nn� 48:4' KON I CR FRX 729 ?09594.165$ Rio CIVIL_ ENG P. 5 PAGE 04 Funding for this project ($100.0W) was included in the. 2001-02 Capital Projects Budget for both engincering and construction of the signal. Currently $87,332 remain fot the construction of the signal, S6,4 19 was expended for completion of angineeting and future inspection (S6,250 expended last fiscal year). It is recommended that an additional $31.340 he appropriated frorn the Housing Authority Fund Balance in order to award the bid to the second low bidder in the atnount of $107,884. The additional funds include a 10% contingency. CTI -Y'S MIS SJAJgNZNT This project adheres to the City or Walnut's conunitment to its Mission Statement by maintaining a high quality of safety and services by the addition to its infrastructure of a signal at.'ogales Drive/Francesca Avenue. tECOMMENDATION It is recommended dist the Walnut Housing Authority: 1. Reject the low bid submlttt d by inspection Engineering Construction. Inc. for the installation of a signal at Nogales Avonue/Francesca Drive in the amount of $99,990; and 2. Award the bid for the installation of a signal at Nogales Avenuw7rancesca Drive to the second low bidder L. A, Signal in the amount of $1.07,884 and issue a Purchase Order in that amount; and 3. Authorize the appropriation of $31,340 (includes 10% Contingency) from the Housing Authority Fund Balance to account 41-6155-6227; and 4. Reject all other bids. Attachment, Summary of Bids Aug. 9 '02 10:51 AAI09i 1��4� 08: 49 KUNICA FAX 720 %135-.44:658 _ WA CIVIL ENG P. 6 -fha. UJ 8 : U E1uq. 9 '02 10:51 KONICA FAX 720 P. 7 08,'MI/20172 08:49 9095942658 RKA CIVIL ENG PAGE 06 eTi M a Z r a ti- r VY m S i DECEMBER 12, 2001 - WHA e ° MWEP MINUTES OF THE ADJOURNED MEETING (IM&O OF THE WALNUT HOUSING AUTHORITY CALL TO ORDER: The meeting was called to order by Chairman Waldie at 6:31 p.m. The flag salute was led by AM/Wentworth 2. Present: AM/Wentworth, VC/Cartagena, AM/Lim, C/WaIdie Absent: AM/Sykes City Clerk announced AM/Sykes was excused. Staff Present: Executive Director Parker, Assistant Executive Director Ramos, Agency Attorney Montgomery, Finance Director Londo, Community Services Director Allen, Senior Management Assistant Villenas, Administrative Analyst Hamburger Deputy City Engineer Gilbertson, Deputy City Engineer Palencia, and City Clerk Clark. APPROVAL OF MINUTES: AM/Lim moved to approve the Minutes of the regular meeting of October 24, 2001; seconded by VC/Cartagena. The motion was carried as so ordered. PUBLIC HEARINGS: None scheduled. ORAL COMMUNICATIONS: C/Waldie asked if anyone from the audience wished to address the Agency during this time. No one wished to speak. AM/Wentworth moved to close oral communication; seconded by VC/Cartagena. The motion was carried as so ordered. CONSENT CALENDAR: AM/Lim moved to approve Consent Calendar consisting of items 2 and 3 as presented: second by C/Waldie. The motion was carried as so ordered. Resolution No. 01-11 WHA, "Resolution of the City of Walnut Allowing Certain Claims and Demands in the Amount of $19,391.71 Demand No. 100054 through No. 100055, Both Inclusive." Recommendation: Adopt Resolution No. 01-11 WHA. 3. Award of Bid — Traffic Signal Nogales at Francesca Drive — Included in the 2001-02 Capital Projects Budget was the installation of a traffic signal at the intersection of Nogales Street and Francesca Drive as part of the development of the Senior Housing Project on Francesca Drive. DECEMBER 12, 2001 - WHA Recommendation: That the Walnut Housing Authority: 1. Reject the low bid submitted by Inspection Engineering Construction, Inc. for the installation of a signal at Nogales Avenue/Francesca Drive in the amount of $99,990; and 2. Award the bid for the installation of a signal at Nogales Avenue/Francesca Drive to the second low bidder L.A. Signal in the amount of $107,884 and issue a Purchase Order in that amount; and 3. Authorize the appropriation of $31,340 (includes 10% contingency) from the Housing Authority Fund Balance to account 41-6155-6227; and 4. Reject all other bids. DISCUSSION: None scheduled. LATE BUSINESS: There was none. ADJOURNMENT: There being no further business to come before the meeting, AM/Lim moved to adjourn to January 23 at 6:30 p.m.; seconded by VC/Cartagena. With no objection the motion was carried as so ordered. The meeting was adjourned at 6:34 p.m. ATTEST: Evelyn Clark, Secretary Prepared by: Deputy City Clerk 2 Larry Waldie, Chairman