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HomeMy WebLinkAbout12/19/2000j- --- ------ - I Tuesday, December 19, 2000 5:30 p.m. — Study Session CC -8 , 6:30 p.m. — Regular Meeting South Coast Air Quality Management District Main Auditorium 21.865 East Copley Drive Diamond Bar, CA 91765 Mayor Bob Huff Mayor Pro Tem Carol Herrera Council Member Eileen Ansayi Council Member Wen Chang 'Council Member Debby O'Connor Interim City Manager James DeStefano City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of staff reports or other wfitten documentation relaft to agenda items are on Me in the Office of the City Clerk and ate 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 Tide 11 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, assistanceI 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 Have online ac ss? City Council Agendas are now available on the .e' c City of Diamond Bar's web site at ww\Ai.CityofDiamondBar.coM Please refrainfromsmoking, eating or drinking in the Council Chambers. The City ofDiamondBaruses recycled paper and, encounagasyou to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COIVMSSION AND CO1VMTTEE MEETINGS) PUBLIC INPUT "'--The meetings ofthe Diamond Bar City Council are open to the public. A member ofthe public may address the Council on the subject of one or more agenda items and/or other items of interest which are within the subject matter,jurisdiction ofthe Diamond Bar City Council. A request to address the Council should be submitted in person to the City Clerk As a general rule the opportunity for public comments wilt take place at the discretion ofthe Chair. However, in order to facilitate the meeting, persons who are interested parties for item limit the public input on any item or thea may be requested to give their presentation at the time the item is called on the calendar. The Chair may total business ofthe Council amount of time allocated for; Public testimony based on the number of people requesting to. speak and the Individuals are requested to refrain from personal attacks towards Council Members or other citizens. Comments which are not conducive to a Positive business meeting environment are viewed as attacks against the entire.City Council and will, not be tolerated Your cooperation is greatly appreciated In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public. comment on items previously considered by the Council. (Does not apply to Committee meetings,) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting' In case of emergency, or when a subject matter arises subsequent to the posting ofthe agenda, upon making certain findings the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the Diamond Bar City Council. following acts in respect to a regular or special meeting ofthe A. Disorderly behavior toward the Council or any member of the staffthereaf, tending to interrupt the due and orderly course of said meeting B. A breach ofthe peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless.microphone is available for those persons with mobility impairments who cannot access the public speaking area Sign language interpreter services are also available by giving notice at least three business days in advance ofthe and 5 p.m. Monday through Friday. meeting, please telephone (909) 860-2489 between 8 a.m. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909)860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. I Tt'F F 1-510 'SI Or; ; vFES xR V" '.cF%l9'E`<F,>£ •r i.. i. ,,,,, ���a}I?{`�iF;3s $;:,xS:u.`.i<:a<, :n,. z3# ..,._. Next Resolution No. 2000 - 59 Next Ordinance No 07 (2000) STUDY SESSION: 5:30 p.m. ,AQMD Room CC -8 Consideration of Issues related to Storm Water 'Management; Permitting, TMDLs SUSMP, and Membership in the Coalition for Practical Regulation 1. CLOSED SESSION: None 2. CALL TO ORDER 6`.30 p.m., December 19, 2000 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Mark Hopper, Evangelical Free Church of D.B. ROLL CALL: Council Members Ansari, Chang, O'Connor, Mayor Pro Tem Herrera, Mayor Huff APPROVALpOF AGENDA: Mayor 3A. ; SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Presentation of donation for memorial bench at Sycamore Canyon Park by Carol Wilt, with Coldwell Banker in memory of Hal Sturim. 3.A.2 Presentation of I Certificate of Recognition to Diamond Bar High School Principal, Dennis Paul; Band Director, Tim Brian; and Dean of Vocational Creative Arts, Karen Stepp for their outstanding achievement of being selected as one of the High School bands performing in the 2001 Rose Parade. 3B. CITY MANAGER REPORTS AND RECOMMENDATIONS: 4. 4.a PUBLIC COMMENTS: "Public Comments" is the time reserved on eachregularmeeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council. generally cannot take any action on items not. listed on the posted agenda. Please complete a Speaker's Card and -give it to the City Clerk DECEMBER 19, 2000 PAGE 2 (completion of this form is voluntaly)L There is a five-minute maximum time limit when addressing the City Council 4.b RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 HOLIDAY DIAMOND RIDE -'November 24, 2000 — January 2, 2001 — Free door to door taxicab services to and from any commercialfretaii center in the City to all, residents (must be at least 17 years of age, or accompanied by an adult); 5.2 DIAMOND BAR COMMUNITY FOUNDATION — December 21, 2000 — 7:00 P.M., CC -8, AQMD, 21660 E. Copley Dr. 5.3 PARKS AND RECREATION COMMISSION —December 21, 2000 — 7:00 P.M., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4 CHRISTMAS TREE RECYCLING PROGRAM — December 26, 2000 — January 13, 2001 — Recycling of holiday trees through the disposal company, 5.5 CHRISTMAS%NEW YEAR'S DAY HOLIDAYS — City Offices will be closed Monday, December 25, Tuesday, December 26, 2000 and Monday, January 1, 2001 in observance of the Christmas and New Year's Holidays. City Offices will reopen on December 27, 2001 at 8:00 a.m. and Tuesday, January 2, 2001 at 8:00a.m. 5.6 CITY COUNCIL MEETING — January 2, 2001 — 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 SPECIAL CITY COUNCIL MEETING — January 4, 2001 —10:00 a.m., City Hall, Conference Room A, 21660 E. Copley Dr. 5.8 PLANNING COMMISSION — January 9, 2001 — 7:00 p.m.; AQMD Auditorium, 21865 E. Copley Dr. 5.9 TRAFFIC AND TRANSPORTATION COMMISSION - January 11 2001 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 6. CONSENT CALENDAR: DECEMBER 19, 2000 PAGE 3 6.1 APPROVAL OF MINUTES: 6.1 .1 Special Meeting of November 14, 2000 Approve as submitted. 6. 1.2 , Regular Meeting of December 5, 2000 — Approve as submitted. Requested by: City Clerk - 6.2 PLANNING COMMISSION MINUTES — Regular Meeting of October 24, 2000 — Receive and File. Requested by: Planning Division 6.3 VOUCHER REGISTER — Approve Voucher Register dated'' December 19, 2000 in the amount of $575,821.25. Requested by: -Finance Division 6.4 TRANSMITTAL OF COMPREHENSIVE ANNUAL: FINANCIAL REPORT AND FINAL AUDIT REPORTS FOR THE YEAR ENDED JUNE 30, 2000 — The City's ,Finance Department, in concert with the City's independent firm, of Conrad and Associates, L.L.P. has ;prepared the FY 1999-2000 Comprehensive Annual Financial Report, Once again this fiscal year, the City will be submitting its Comprehensive Annual Financial Report to the California Society of Municipal Finance Officers and to the Government Finance Officers Association certificate of excellence award programs. (The City has received both awards for the past five consecutive fiscal years). The accounting firm of Conrad and Associates, L.L.P. has been retained as auditors for the City. In conjunction with these services, final audit reports for FY 99-00 have been prepared and are also being transmitted. As indicated in the financial reports, the City finished the fiscal year in an extremely positive financial position. The General Fund equity increased from $16,217,200 to $19,065,968 during the year, an increase of $2,838 y�768 Recommended Action: It is recommended that the City Council receive and file the Comprehensive Annual Financial Report and Final Audit Reports for FY 99-00 as prepared by the City Finance Department and Conrad and Associates,' L.L.P. Requested by: Finance` Division i 6.5 CLAIM FOR DAMAGES `— Filed by Walnut Valley Water District December 1, 2000. DECEMBER 19, 2000 PAGE 4 Recommended Action It is recommended that the City Council deny the Claim for Damages filed and refer the matter for further action to the Claims Manager. Requested by: City Clerk 6.6 NOTICE OF COMPLETION FOR THE SAN LEANDRO DRIVE/CHINOOK PLACE AND BALLENA DRIVE/COVERED WAGON DRIVE NEIGHBORHOOD DRAINAGE/STREET IMPROVEMENT PROJECT- On June 6, 2000, Council awarded a construction contract in an amount not -to - exceed $445,397.50 with a contingency amount of $430,000 for project change orders to be approved by the City Manager, for a total authorization amount of $475,397.50. On October 20, 2000, staff determined that all work is complete and in accordance with the plans and specifications. The final construction contract amount is $465,894.28. Recommended Action: It is recommended that the -City Council accept the work performed by David T. Wasden, Inc. and authorize the City Clerk to file the Notice of Completion and to release any retention amounts thirty-five days after the recordation date. Requested by: Public Works Division 6.7 NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE SKATE PARK AT PETERSON PARK - On: March 21, 2000, Council awarded a contract to 4 -Con Engineering in the amount of $282,884 (plus a contingency amount of $28,300 for a total authorization of $311,184) to construct a skate park at Peterson 'Park. Construction began on Monday, April 10, 2000 and was completed Wednesday, December 13, 2000. The skate park opened on Saturday, July 15, 2000, however, the required turf was held over until the Fall season, a better growing time. The turf is now in and ,the project is ready to be accepted. The final construction contract amount is $311,162. Recommended Action: It is recommended that the City Council accept the work performed by 4 -Con Engineering, direct the City Clerk to file a Notice of Completion and release any retention amounts thirty-five 'days after the recordation date: Requested by: Community Services' Division 6.8 RESOLUTION NO.2000=XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE GRAND AVENUE AT GOLDEN SPRINGS DRIVE TRAFFIC SIGNAL MODIFICATION PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO DECEMBER 19, 2000 PAGE 5 RECEIVE. BIDS ;— Linscott, Law and Greenspan Engineers (LLGE) has designed and prepared the pians and specifications for the traffic signal modification at the intersection of Grand Ave. and Golden Spgs Dr. The proposed modification improvements include the installation of a right -turn overlap phase for eastbound Grand Ave. to southbound Golden Spgs. Dr., the addition of a second northbound left -turn lane on Golden Spgs. Dr. and installation of aright -turn overlap phase for northbound Golden Spgs. Dr. to eastbound Grand Ave. Recommended Action: It is recommended that the City Council adopt Resolution No. 2000 -XX Approving Plans and Specifications for Grand Ave. at Golden Spgs. Dr. Traffic ,signal Modification Project in said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. Requested by: Public Works Division 6;9 AWARD OF CONTRACTS FOR DESIGN SERVICES FOR SIX CIP PROJECTS): (a) AWARD OF ENGINEERING DESIGN SERVICES FOR THE WALNUT DRIVE STREET REHABILITATION PROJECT — On October 3, 2000, the Public Works Division sent out requests for proposals for engineering design services for the Walnut Drive Street Rehabilitation Project. A total of eleven proposals were received on October 19, 2000. The selection committee then short-listed three proposals. The selection committee concurred that the best qualified consultant is GFB-Friedrich & Assoc., Inc. for the Walnut Dr. Street Rehabilitation Project because of their continued, high standard of excellence working with the City in the past as well as their impressive presentation on research strengths, innovative scope= of work & design approach, public relations views, understanding of the City's needs and cost. Recommended Action: It is recornrnended that the City Council award the engineering design services contract to GFB-Friedrich & Assoc., Inc. The project represents a total not -to -exceed fee `amount of $35,100 and a total contingency amount of $5,000 for contract amendments) to be approved by the City Manager, for a total authorization amount of $40,100. (b) AWARD OF ENGINEERING DESIGN SERVICES FOR THE PROSPECTORS. ROAD STREET REHABILITATION PROJECT - On October 3, 2000, the Public Works Division sent out requests for proposals for engineering design services for the Prospectors Road Street Rehabilitation Project. A total of ten; proposals were received on October . o, r 19, 20Q0. The selection committee then short-listed ort ted three The proposals. selectFon comma#ee concurred that the best qualified consultant is Charles Abbot Assoc., Inc. for the Prospectors Rd. Street Rehabilitation Project because they impressively presented their research strengths, innovative scope of work & design approach, public relations views, understanding of the City's needs and cost. Recommended Action: It is recommended that the City Council award the engineering design services contract to Charles Abbott Assoc., Inc. The project represents a total not -to -exceed fee amount of $34,370 and a total contingency amount of $5,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $39,370- (c) AWARD OF ENGINEERING DESIGN SERVICES FOR THE AREA 3 SLURRY SEAL PROJECT - On October 3, 2000, the Public Works Division sent out requests for proposals for engineering design services for the Area 2 Slurry Seal Project. A� total of ten proposals were received on October 19, 2000. The selection committee then short-listed three proposals. The selection committee concurred that the best qualified consultant is Advanced Applied Engineering, Inc. for the Area 3 Slurry Seal Project because they impressively presented their research strengths, innovative scope of work & design approach, public relations views, understanding of the City's needs and cost. Recommended Action: It is recommended that the City Council award the engineering design services contract to Advanced Applied Engineering, Inc. The project. represents a total not -to -exceed fee amount of $26,100 and a total contingency amount of $5,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $31,100. (d) AWARD OF ENGINEERING DESIGN SERVICES FOR THE GOLDEN SPRINGS DRIVE STREET REHABILITATION PROJECT On October 3 2000, the ;Public Works Division \sent out requests,'for proposals for engineering design services for the Golden Springs Street Rehabilitation Project. A total of twelve; proposals were received on October 19, 2000. The selection committee then short-listed three proposals. The selection committee concurred that the best qualified consultant is Dewan, Lundin & Assoc. for the Golden Springs Drive Street Rehabilitation Project because of their continued, high standard of excellence working with the City in the past as well as their impressive presentation on research strengths, innovative scope of work & design approach, public relations views, understanding of the City's needs and cost. Recommended Action: It is recommended that the City Council award the engineering design services contract to Dewan, Lundin & Associates. The project represents a total not -to -exceed fee amount of $79,300 and a total contingency amount of $8,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $87,300. DECEMBER 19, 2000 PAGE 7 Requestedby: Public Works Division (e) AWARD OF CONTRACT FOR THE DESIGN OF DRAINAGE AND IRRIGATION SYSTEM IMPROVEMENTS AT PETERSON PARK - The City Council has authorized $280,000 in the 2000/01 FY Budget for design and construction of drainage and irrigation system improvements at Peterson Parr. Staff released a request for proposals (RFP) and received six proposals in response. After a review of the proposals, the two most responsive firms were interviewed by staff. DMC Design Groups, Inc. was determined to be the most qualified' firm. Recommended Action: It is recommended that the City Council award the contract for the design of drainage and 4rrigation system improvements at Peterson Park to DMC Design Group, Inc. in an amount not to exceed $35,723, plus a' contingency amount of $3,577 for reimbursables and potential additional services that may be necessary including duplication services and development of as -built plans, for a total authorization of $39,300. Requested by: Community Services Division - 6.10 EXTENSION OF VENDOR SERVICES FOR SPORT COURT RE- SURFACING - Per the Purchasing Ordinance, awards for services to a single vendor shall not exceed $15,000.without prior authorization from Council. The City has the need to re -surface seven basketball courts and three #ennis courts in the public parks. The estimated cost to complete this work is $18,000. There is $20;000 included in the 2000/01 -FY budget for this work. Staff is seeking Council authorization to extend the purchase order amount for California Surfacing Company, the most qualified` company that responded to the RFP, to complete this work. , Recommended Action: It is recommended that the City Council authorize additional Sport Court re -surfacing to be performed by California Surfacing Co. in` the amount not to exceed $20,000 for the 2000/01 FY. Requested by: Community Services Division 6.11 AUGMENTATION OF CONTRACTING SERVICES AGREEMENT WITH HULS ENVIRONMENTAL MANAGEMENT, LLC TO UNDERTAKE' A NEW BASE YEAR WASTE GENERATION STUDY— Since 1995, the City has contracted with Huls Environmental Management for consulting services addressing storm water, solid waste, recycling, waste prevention and public outreach to achieve and maintain environmental compliance in an integrated fashion. The City's agreement with this firm was renewed August 15, 2000. The existing agreement, allows the City to extend' and/or augment the contract as required; consequently,' the City proposes to DECEMBER 18, 2000 PAGE 8 augment the agreement to conduct'a new base year waste generation study. The purpose is to establish an accurate benchmark for future calculations as well as clearly identify the diversion rate for the year 2000, which''is the year of compliance under AB 939: Recommended Action: It is recommended that the City Council (a) allocate $43,875 from unappropriated Integrated Waste Management Fund and (b) approve and authorize ;the Mayor to execute the contract amendment with Huls Environmental in an amount -not -to - Mead $43,875 for services relating to the conduct, of a new base year waste generation study. Requested by: Public Works Division 6.12 AWARD OF CONTRACT TO BONTERRA CONSULTING TO PROVIDE ENVIRONMENTAL DOCUMENTATION SERVICES FOR THE COMMUNITY AND SENIOR CENTER PROJECT - This report requests approval of a Professional Services Agreement with BonTerra Consulting to prepare the required environmental documentation for the proposed Community and Senior Center Project at Summit Ridge Park: Recommended Action: It is recommendedthat the City Council approve an agreement between the City and BonTerra Consulting in the amount of $12,960, authorize a contingency amount of $1,296 and allocate the necessary resources ($14,256.00) from General Fund reserves: Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 PUBLIC HEARING - RESOLUTION NO. 89-75A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ANIMAL CONTROL, SHELTER AND LICENSING FEES At its November 7, 2000 meeting, Council approved the FY 00-01 contract for animal control services through Inland Walley Humane Society (IVHS). The motion included setting a public hearing to adopt a resolution amending animal control, shelter and licensing fees as recommended by IVHS. , Proper notice ,was published pursuant to Government Code 66018. There have been no increases to the fee schedule since incorporation. By adopting Resolution No. 89-75A, IVHS agreed to keep the agreement at its current rate ($65,244) for FY 00-01. Without the adoption of the fee schedule, there would be an increase of $7,247 to the FY 00-01 agreement. Recommended Action: It is recommended that the City Council open the public hearing, receive testimony and adopt Resolution No. 89-75A, to amend animal control, shelter and licensing, fees. DECEMBER 19, 2000 PAGE 9 Requested by: City Manager 7.2 INTRODUCTION OF THE GENERAL PLAN AMENDMENT NO. 2000-01 FOR THE 2000 TO 2005 HOUSING ELEMENT -The Housing Element of the General Plan is a comprehensive assessment of current and projected housing needs for all segments of the community and all economic groups. In addition; it embodies policy for providing adequate housing and includes action programs for this purpose. State Government Code Section 65588 (0)(5) requires that the Housing Element of the General Plan be updated every five years. D.B. is proposing to amend the current General Plan Housing Element for the 2000-05 time period. This proposal would revise the 1995 Housing Element in conformance with current State of California requirements. Recommended Action; It is recommended that the City Council open the public hearing, receive a presentation from the City Consultant, receive public testimony, and continue the item to January 16, 2001; Requested by:. Planning Division 7.3 CONDITIONAL USE PERMIT NO. 2000-04AND DEVELOPMENT REVIEW NO. 2000-10 — Appeal of a Planning Commission denial of a request, by Nextel Communications to install two 25 ft. high camouflaged monopoles with six antennas, equipment cabinets and a block wall equipment enclosure, to be located adjacent to an existing unmanned co -located wireless telecommunication facility on a portion of a 10.05 acre site. Recommended Action: It is recommended that the City Council continue the public hearing to January 16, 2001. Requested' by: City Clerk 8. OLD BUSINESS: 8.1' CONSIDERATION FOR THE ELIMINATION OF THE SIX -BALL RULE ON THE TENNIS COURTS OF THE PUBLIC PARKS IN DIAMOND BAR A group of residents who use the tennis courts in the public parks have requested that the rule that limits there to using ar maximum of six tennis balls while 'playing tennis be abolished. The purpose of the six -ball rule is to identify unauthorized tennis instructors using the public tennis courts for personal financial gain. All of the unauthorized instructors encountered by staff use a basket of tennis balls so they can efficiently teach their students, who normally pay by the half hour. The Parks and Recreation Commission received extensive residents' input and reviewed their concerns at two different regular meetings, which were conducted on October 2e and November 16th. The Commission believes that the six -ball rule should be DECEMBER 19, 2000 PAGE 10 9. eliminated and that another method should be used to identify unauthorized instructors. Staff believes that if the six -ball rule is eliminated, then an ordinance will be needed to strengthen the prohibition of unauthorized tennis instruction on the City's tennis courts in the public parks. Recommended Action: It is recommended by the Parks and Recreation Commission: 1) That Rule No. 5 (sixrball limit) :be abolished. 2) That an absolute 30 -minute time limit prevails when other players are waiting. 3) That fines for unauthorized instructors be imposed: 4) That the City post additional signage stating harsher restrictions on unauthorized instructors (List fine amounts on these new signs and state that the City may seek a restraining orderfor repeat offenders). It is further recommended by staff that if Council supports theelimination of the sic -ball rule, that Council direct staff to present an ordinance at a future Council meeting to strengthen the prohibition of unauthorized instructors on the tennis courts in the public parks in Diamond Bar and to provide a specific Municipal Code number to place on the sign, recommended in item #4 above. Requested' by: Community Services Division NEW BUSINESS 9.1 CONSIDERATION OF COUNCIL COMMITTEE APPOINTMENTS Recommended Action: It is recommended that the City Council make appointments as appropriate. Requested by: Mayor 9.2 ORDINANCE NO.OX(2000) —AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE DIAMOND BAR MUNICIPAL ,CODE - The State Water Resources Control Board (Board) received a petition for review of � the actions and failures to act on the part of 1he Regional Water Quality Control Board (Regional Board) on February 25, 2000, from a number of cities and co petitioners concerning the Standard Urban Storm Water Mitigation Plan (SUSMP). The Board subsequently held a hearing on June 7 and 8, 2000 to receive testimony and draft an order related to the petitioners' filing. On October 5, 2000, the Board issued the final order concerning SUSMP that extended the deadline for storm water permittees to adopt ordinances implementing SUSMP requirements from September 8, 2000 to January 15 2001, and for effective dates of the final SUSMP requirements from October Recommended Action: It is recommended that the City Council approve for first reading by title only and waive full reading of Ordinance No. QX(2000) of the City of Diamond: Bar Amending the Storm Water and Urban Runoff Pollution Control Ordinance to Provide Storm Water Pollution Control for Planning and Construction of New Development and Redevelopment Projects and Amending the Diamond Bar Municipal Code. Requested by: Public Works Division 9.3 LIGHT EMITTING DIODE (LED) TRAFFIC SIGNAL CONVERSION AND REBATE PROGRAM In September 2000, Southern California Edison (SCE) offered a cash rebate program to cities to encourage the retrofit of incandescent traffic signals with qualifying LED lamps/bulbs The goalis to reduce peak period demand and be operational by June 1, 2009. This program rebates the City for the material/equipment costs. City staff submitted a reservation request on September 29, 2000 to reserve our funds. Forty-eight' of the city's signals would be eligible for retrofitting. For a full rebate the equipment must be installed prior to June 1, 2001. A cost benefit analysis was completed by staff that indicates the City would be able to replace its incandescent traffic signals with the LED `lampstbulbs, as well as to paint those needed signal heads concurrently. With the rebate that covers much of the material costs and the energy savings, the Ccity would be able to recover the costs in a period of approximately two years. Recommended Action: It is recommended that the City Council 1) appropriate funds from the unappropriated General Fund in the amount of $178,320 for the LED Traffic Signal Conversion and Rebate Program, and 2) authorize the City Manager to 'execute the LED Traffic Signal Application/Contract for rebates in the amount of $121,927.,92 with Southern California Edison, Requested by: Public Works Division RECESS TO REDEVELOPMENT AGENCY Next Resolution No. RA 2000-02 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Herrera, Huff, O'Connor, VC/Ansari, C/Chang 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity. for members of the public DECEMBER 19, 2000 PAGE 12 to directly address the Agency on Consent Calendar- items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary f-mmnlotinn of fhis formie veli rr%f.ftMA Tk1e.— ... — s:,,., when addressing- the Redevelopment 6gencv 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES- Regular Meeting of December 5, 2000 Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER — Approve Voucher Register dated December 19, 2000 in the amount of $1,089.77. Requested by: Finance Division 3.3 TRANSMITTAL OF ANNUAL FINANCIAL REPORT AND FINAL AUDIT REPORT FOR THE YEAR ENDED JUNE 30, 2000 The Agency's audit firm of Conrad and Associates, L.L.P. has .prepared the Fiscal Year 1999- 2000 Annual Financial Statement and Independent Auditor's Report for the Redevelopment Agency. Recommended Action: It is recommended that the Redevelopment Agency receive and file the Fiscal Year 1999-2000 Annual Financial' Statement and Independent Auditor's Report for the Redevelopment Agency. x i Requested by: Finance Division 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS Items raised by individual Agency Members are for Agency discussion. Directionmay be given at this meeting or the item may be scheduled for action at a future meeting. RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS': CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA COUNTY OF LOS ANGELES) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Study Session at 5:30 p.m.,. in Room CC- 8 and a Regular Meeting at 6:30 p.m. in the Auditorium of the South Coast Air Quality Management District (SCAQMD), at 21,660 E. Copley Drive, Diamond Bar, California on December 19 2000. I, Lynda Burgess declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the Study Session and Regular Meeting to be held on December 19, 2000 was posted at the proper locations, declare under penalty lof perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 15th day of December, 2000, at Diamond Bar, California. /s/ Lynda Burciess. Lynda Burgess, City Clerk City of Diamond Bar I expect to address the Council on the subject agenda item. Please have the Council Min name and address as written above:. utes reflect my Signature CITY OF DIAMOND BAR "QUICK CAP" MINUTES DECEMBER 19, 2000 STUDY SESSION: M/Huff called the Study Session to order at 5:36 p.m. in Room CC -8 of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. Roll Call: Council Members Ansari, Chang, O'Connor, Mayor Pro Tem Herrera and Mayor Huff. Also present were: James DeStefano, Interim City Manager; Mike Jenkins, City Attorney; David Liu, Public Works Director and Lynda Burgess, City Clerk. Consideration of Issues related to Storm Water Management, Permitting, TMDLs, SUSMP, and Membership in the Coalition for Practical Regulation. ADJOURNED STUDY SESSION: M/Huff adjourned the Study Session at 6:25 p.m. 1. CLOSED SESSION: None 2. CALL TO ORDER: M/Huff called the meeting to order at 6:33 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Herrera led The Pledge of Allegiance. INVOCATION: None given. ROLL CALL: Council Members Ansari, Chang, O'Connor, Mayor Pro Tem Herrera, Mayor Huff Also present were: James DeStefano, Interim City Manager; Mike Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing. Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: No changes requested. 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS; 3.A.1 Donation for memorial bench at Sycamore Canyon Park presented by Carol Wilt, with Coldwell Banker, in memory of Hal Sturim. 3.A.2 PresentedCertificates of Recognition to Diamond Bar High School Principal, Denis Paul; Band Director, Tim Bryan; and Dean of Vocational Creative Arts, Karen Stepp for outstanding achievement of being selected as one of the High School bands performing in the 2001 Rose Parade. DECEMBER 19, 2000 PAGE 2 3.A.3 Presentation of Certificate of Recognition to Former Mayor Debby O'Connor by Roman Navarro representingAssemblyman Pacheco.' 3B. CITY MANAGER REPORTS AND RECOMMENDATIONS: 4. 4.a PUBLIC COMMENTS: Martha Bruske, asked about the City's current and future relationship with the City of Industry. 4.b RESPONSE TO PUBLIC COMMENT: M/Huff responded to Mrs. 6ruske by stating that the City of Industry is the largest property owner within D.B. and pointed out that fostering good relationships with them can have positive benefits for both agencies. 5. SCHEDULE OF FUTURE EVENTS: 5.1 HOLIDAY DIAMOND RIDE - November 24, 2000 — January 2, 2001 — Free door to door taxicab services to and from any commercial/retail center in the City to all residents (must be at least 17 years of age, or accompanied by an adult). 5.2 DIAMOND BAR COMMUNITY FOUNDATION December 21, 2000 — 7:00 P.M., CC -8, AQMD, 21865 E. Copley Dr. 5.3 PARKS AND RECREATION COMMISSION — December 21, 2000 — 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.4 CHRISTMAS TREE RECYCLING PROGRAM — December 26, 2000 — January 13, 2001 Recycling of holiday trees through the disposal company. 5.5 CHRISTMAS/NEW YEAR'S DAY HOLIDAYS — City Offices will be closed Monday, December 25, Tuesday, December 26, 2000 and Monday, January 1, 2001 in observance of the Christmas and New Year's Holidays. City Offices will reopen on December 27, 2001 at 8:00 a.m. and Tuesday, January 2, 2001 at 8:00 a.m. 5.6' CITY COUNCIL MEETING — January 2, 2001 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.7 SPECIAL CITY COUNCIL MEETING — January 4, 2001 — 10:00 a.m., City Hall, Conference Room A, 21660 E. Copley Dr. 5.7 PLANNING COMMISSION — January 9, 2001 — 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.9 TRAFFIC AND TRANSPORTATION COMMISSION - January 11, 2001 — 7:00 p.m., AQMD' Board Hearing Room, 21865 E. Copley Dr. DECEMBER 19, 2000 PAGE 3 6. CONSENT CALENDAR: Moved by C/Chang, seconded by C/Ansari to approve the Consent Calendar with the exception of Items No. 6.4, 6.5 and 6.11 Motion carried 5=0 by the followingRoll Call vote: 6.1 APPROVED MINUTES: 6.1.1 Special Meeting of November 14, 2000—As submitted. 6.1.2 Regular Meeting of December 5, 2000 — As submitted. 6.2 RECEIVED & FILED PLANNING COMMISSION MINUTES Regular Meeting of October 24, 2000. 6.3 APPROVED VOUCHER REGISTER — dated December 19, 2000 in the amount of $575,821.25. (C/O'Connor abstained from approval of P.O. 10293 for $280; P.O. A9335 for $46.27 and P.O. 10295 for $3,150 due to a potential conflict of interest relating to the Lanterman Forensic Expansion Project.) 6.6 APPROVED NOTICE OF COMPLETION FOR THE SAN LEANDRO DRIVE/CHINOOK PLACE AND BALLENA DRIVE/COVERED WAGON DRIVE NEIGHBORHOOD DRAINAGE/STREET IMPROVEMENT PROJECT accepted the work performed by David T Wasden, Inc. and authorized the City Clerk to file the Notice of Completion and release any retention amounts thirty-five days after the recordation date. 6.7 APPROVED NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE SKATE PARK AT PETERSON PARK - accepted the work performed by 4 -Con Engineering, directed the City Clerk to file a Notice of Completion and release any retention amounts thirty-five days after the recordation date. 6.8 ADOPTED RESOLUTION NO. 2000-59: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE 'GRAND AVENUE AT GOLDEN SPRINGS DRIVE TRAFFIC SIGNAL MODIFICATION PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. 6.9 AWARDED PROJECTS) CONTRACTS FOR DESIGN SERVICES FOR SIX CIP (a) ENGINEERING DESIGN SERVICES FOR THE WALNUT DRIVE STREET REHABILITATION PROJECT — to GFB-Friedrich &Assoc., Inc. The project represents a total not -to -exceed fee amount of$35100 and a total contingency amount of $5,000 for contract�amendment(s) to be approved by the City Manager, for a total authorization amount of $40,100. (b) ENGINEERING DESIGN SERVICES FOR THE PROSPECTORS ROAD STREET REHABILITATION PROJECT - to Charles Abbott Assoc., DECEMBER 19, 2000 PAGE 4 Inc. The project represents a total not -to -exceed fee amount of $34,370 and a total contingency amount of $5,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $39,370. (c) ENGINEERINGDESIGN SERVICES FOR THE AREA 3 SLURRY SEAL PROJECT - to Advanced Applied 'Engineering, Inc. The project represents a total not -to -exceed fee amount of $26,100 and a total contingency amount of $5,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $31,100. (d) ENGINEERING DESIGN SERVICES FOR THE GOLDEN SPRINGS DRIVE STREET REHABILITATION PROJECT - to Dewan,_ Lundin & Associates. The project represents ;a total not -to -exceed fee amount of $79,300 and a_total contingency amount of $8,000 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $87,300. (e) DESIGN OF DRAINAGE AND IRRIGATION SYSTEM IMPROVEMENTS AT PETERSON PARK - to DMC Design Group, Inc. in an amount not to exceed $35,723, plus a contingency amount of $3,577 for reimbursables and potential additional services that may be necessary including duplication services and development' of as -built plans, for a total authorization of $39,300. 6.10 EXTENDED VENDOR SERVICES FOR SPORT COURT RE -SURFACING — authorized additional Sport Court re -surfacing to be performed by California Surfacing Co. in an amount not to exceed $20,000 for the 2000/01 FY. 6.12 AWARDED CONTRACT TO BONTERRA CONSULTING TO PROVIDE ENVIRONMENTAL DOCUMENTATION SERVICES FOR THE COMMUNITY AND SENIOR CENTER PROJECT- in the amount of $12,960, authorize a contingency amount of $1,296 and allocate the necessary resources ($14,256.00) from General Fund reserves. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.3 TRANSMITTAL OF COMPREHENSIVE ANNUAL FINANCIAL REPORT AND FINAL AUDIT REPORTS FOR THE YEAR ENDED JUNE 30, 2000 —The City's Finance Department, in concert with the City's independent firm of Conrad & Associates, LLP, has prepared the FY 1999-2000 Comprehensive Annual Financial Report. Once again this fiscal year, the City will be submitting its Comprehensive Annual Financial Report to the California Society of Municipal Finance Officers and to the Government' Finance Officers Assn. certificate of excellence award program. (The City has received both awards for the past five consecutive fiscal years:) The accounting firm of Conrad & Associates, LLP, has been retained as auditors for the City. In conjunction with these services, final audit reports for FY 99- DECEMBER 19, 2000 PAGE 5 00 have been prepared and are also be transmitted. As indicated in the financial reports, the City finished the fiscal year in an extremely positive financial position. The General Fund equity increased from $16,217,200 to $19,055,968 during the year, an increase of $2,838,768. Motion by C/Chang, seconded by C/O'Connor to receive and file the Comprehensive Annual Financial Report and Final Audit Reports for FY 99- 00 as prepared by the City Finance Department and Conrad & Associates, L.L.P. Motion carried 5-0 by the following Roll Call vote: 6.4 CLAIM FOR DAMAGES — Filed by Walnut Valley Water District December 1, 2000. Moved by C/Ansari, seconded by MPT/Herrera to deny the Claim for Damages and refer the matter for further action to the Claims Manager. Motion carried 5-0 by the following Roll Call vote: 6.11 AUGMENTATION OF CONTRACTING SERVICES AGREEMENT WITH HULS ENVIRONMENTAL MANAGEMENT, LLC TO UNDERTAKE A NEW BASE YEAR WASTE GENERATION STUDY - Since 1995, the City has contractedwith Huls Environmental Management for consulting services addressing storm water, solidwaste, recycling, waste prevention and public outreach to achieve and maintain environmental compliance in an integrated fashion. The City's agreement with this firm was renewed August 15, 2000. The existing agreement allows the City to extend and/or augment the contract as required; consequently, the 'City proposes to augment the agreement to conduct a new base year waste generation study. 1 The purpose is to establish an accurate benchmark for future calculation's as well as clearly identify the diversion rate for the year 2000, which is the year of compliance under AB 939. Moved by C/Ansari, seconded by MPT/Herrera to (a) allocate $43,875 from unappropriated Integrated Waste Management Fund and (b) approve and authorize the Mayor to execute the contract amendment with' Huls Environmental in an amount not -to -exceed $43,875 for services relating to the conduct of a new base year waste generation study. Motion carried 5-0 by the following Roll Call vote: 7. PUBLIC HEARINGS: 7.1 PUBLIC HEARING - RESOLUTION NO. 89-75A: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ANIMAL CONTROL, SHELTER AND LICENSING FEES At its November 7, 2000 meeting, Council approved the FY 00-01 contract for animal control services through Inland Valley Humane Society (IVHS). The motion included setting a public hearing to adopt a resolution amending animal control, shelter and licensing fees as recommended by IVHS. Proper notice was published DECEMBER 19, 2000 PAGE 6 pursuant to Government Code 66018. There have been no increases to the fee schedule since incorporation. By adopting Resolution No. 89-75A, IVHS agreed to keep the agreement at its current rate ($65,244) for FY 00-01. Without the adoption of the fee schedule, there would be an increase of $7,247 to the FY 00-01 agreement. M/Huff declared the Public Hearing open. There being no testimony offered, M/Huff closed the Public Hearing Moved by C/O'Connor, seconded by C/Ansari to adopt Resolution No. 89- 75A amending animal control, shelter and licensing fees. Motion carried 5-0 by the following Roll Call vote: 7.2 INTRODUCTION OF THE GENERAL PLAN AMENDMENT NO. 2000-01 FOR THE 2000 TO 2005 HOUSING ELEMENT- The Housing Element of the General Plan is a comprehensive assessment of current and projected housing needs for all segments of the community and all economic groups. In addition, it embodies policy for providing adequate housing and includes action programs for this purpose. State Government Code Section 65588 (b)(5) requires that the Housing Element of the General Plan be updated every five years. D.B. is proposing to amend the current General Plan Housing Element for the 2000-05 time period. This proposal would 'revise the 1995 Housing Element in conformance with current State of California requirements. Veronica Tam - M/Huff declared the Public Hearing open. Martha Bruske -`Distressed that the Element had already been approved by the 'Planning Commission. Had not heard of this Amendment before. Where are we going to find room to add another 144 housing units? What about the City's commitment to the City of Industry for low-income housing? Still doesn't feel that the City is currently enforcing its property maintenance ordinance. There being no further comments offered, C/Chang moved, seconded by MPT/Herrera to continue the Public Hearing to January 16, 2001. Motion carried 5-0 by the following Roll Call vote: 7.3 CONDITIONAL USE PERMIT NO. 2000-04'AND DEVELOPMENT REVIEW NO. 2000-10 — Appeal of a Planning Commission denial of a request, by Nextel Communications to install two 25 ft. high camouflaged monopoles with six antennas, equipment cabinets and a block wall equipment enclosure, to be located adjacent to an existing unmanned co -located wireless telecommunication facility on a portion of a 10.05 acre site. DECEMBER 19, 2000 PAGE 7 M/Huff declared the Public Hearing open Martha Bruske — Congratulated the Planning Commission on taking a stand on this issue. Pointed out that the zoning is improper for this type of installation. Why is there no service available in the D.B. Blvd./Grand Ave. area? Moved by C/Ansari, seconded by MPT/Herrera to continue the matter to January 16, 2001. Motion carried 5-0 by the following Roll Call vote: 8. OLD BUSINESS: 8.1 CONSIDERATION OF ELIMINATION OF THE SIX -BALL RULE ON THE TENNIS COURTS OF THE PUBLIC PARKS IN DIAMOND BAR — A group of residents who use the tennis courts in the public parks have requested that the rule that limits them to using a maximum of six tennis balls while playing tennis be abolished. The purpose of the six -ball rule is to identify unauthorized tennis instructors using the public tennis courts for personal financial gain. All of the unauthorized instructors encountered by staff use a basket of tennis balls so they can efficiently teach their students, who normally pay by the half hour. The Parks and Recreation Commission received extensive residents' input and reviewed their concerns at two different regular meetings, which were conducted on October 26th and November 16th. The Commission believes that the six -ball rule should be eliminated and that another method should be used to identify unauthorized instructors. Staff believes that if the six -ball rule is eliminated, then an ordinance will be needed to strengthen the prohibition of unauthorized tennis instruction on the City's tennis courts in the public parks. At the request of M/Huff, 5 persons in the audienceraised their hands to indicate their opposition to elimination of the six -ball rule. 13 persons in the audience raised their hands to indicate their support of elimination of the six - ball rule: Vib Verma Mark Dalli — Robert Chou Kay Dalli - Ivan Chung MPT/Herrera suggested increasing, the number of balls to 12 or 20 and implement rest of Parks & Recreation Commission recommendations. DECEMBER 19, 2000 PAGE 8 C/Chang moved, seconded by C/Ansari to 1) abolish Rule No. 5 (six -ball limit) be abolished, 2) establish an absolute 30 -minute time limit when other players are waiting. 3) impose fines for unauthorized instructors, 4) additional signage to be posted stating harsher restrictions on unauthorized instructors (List fine amounts on these new signs and state that the City may seek a restraining order for repeat offenders). further, direct staff to present an ordinance at a future Council meeting to strengthen the prohibition of unauthorized instructors on the tennis courts in the public parks and to provide a specific Municipal Code number to place on the sign recommended in item 44 above. In addition, staff was directed to further study how to regulate private instructors. Motion carried 5-0 by the following Roll Call vote: 9. NEW BUSINESS: 9.1 CONSIDERATION OF COUNCIL COMMITTEE APPOINTMENTS — The following appointments were made by M/Huff: CITY COUNCIL APPOINTMENTS COMMITTEE DELEGATE ALTERNATE California Contract Cities Association Chang Ansari California Joint Powers Insurance Authority Huff Heffm Ansari Chang Foothill Transit Board Huff Chang Four -Corners Transportation Policy Group Huff Chang Greater Los Angeles County Vector Control District MacBride L.A. County Sanitation District No. 21 Huff O'Connor Lanterman Community Advisory Committee (State) Herrera Huff L.A. County City Selection Committee Huff Herrera League of Calif. Cities- L.A. County Division Herrera Chang San Gabriel Valley Council of Governments Huff O'Connor San Gab. Valley Econ. Prtnrshp. of Commerce & Cities O'Connor Ansari Southern California Assn. of Governments (SLAG) Chang Ansari Tres Hermanos Conservation Authority Huff/HerreraAnsari Wildlife Corridor Conservation Authority (WCCA) O'Connor Herrera Wildlife Corridor Conservation Authority Advisory Committee MacBride/R.J. Willkomm CITY COUNCIL STANDING COMMITTEES Finance City Council Goals/City Manager Evaluation City on Line Technical Community/Civic Center Community Coordinating Committee Huff/O'Connor Huff/Herrera HuffIO'Connor Huff/O'Connor Huff/O'Connor DECEMBER 19, 2000 PAGE 9 D.B. Community Foundation O'Connor Economic Development Herrera/O'Connor Lanterman Community Advisory Committee (City) Huff/Herrera Legislative Ansari/Chang Redevelopment Ansari/Chang Sphere of Influence/Annexation Herrera/Chang CITY COUNCIL AD HOC COMMITTEES Industry East Development Advisory Committee Herrera/O'Connor PUSD/City Chang/O'Connor WVUSD/City Huff/Herrera CITY COUNCIL LIAISON Chamber of Commerce Liaison Ansari/Chang City Anniversary Liaison AnsarilO'Connor Senior CitizenLiaison Ansari/O'Connor Water Policy Ansari 9.2 ORDINANCE NO.OX(2000) - AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM' WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE DIAMOND BAR MUNICIPAL 'CODE - The State 'Water Resources Control Board (Board) received a petition for review of the actions and failures to act on the part of the Regional Water Quality Control Board (Regional Board) on February 25, 2000,' from a number of cities and co - petitioners concerning the Standard Urban Storm Water Mitigation Plan (SUSMP). The Board subsequently held a hearing on June 7 and'8, 2000 to receive testimony and draft an order related to the petitioners' filing. On October 5, 2000, the Board issued the final order concerning SUSMP that extended the deadline for storm water permittees to adopt ordinances implementing SUSMP requirements from September 8, 2000 to January 15, 2001; and for effective dates of the final SUSMP irequirements from October 8, 2000 to February 15, 2001. Moved by C/Ansari, seconded by C/Chang to approve first reading by title only and waive full reading of Ordinance No. 0X(2000) of the City of Diamond Bar Amending the Storm Water and Urban Runoff Pollution Control Ordinance to Provide -Storm Water Pollution Control' for Planning and Construction of New Development and Redevelopment Projects and Amending the Diamond Bar Municipal Code. Motion carried 5-0 by the following Roll Call vote: DECEMBER 19, 2000 PAGE 10 9.3 LIGHT EMITTING DIODE (LED) TRAFFIC SIGNAL CONVERSION AND REBATE PROGRAM - In September 2000, Southern California Edison (SCE) offered a cash rebate program to cities to> encourage the retrofit of incandescent traffic signals with qualifying LED lamps/bulbs. The goal is to reduce peak period demand and be operational by June 1, 2001. This program rebates the City for the material/equipment costs. City staff submitted a reservation request on September 29, 2000 to reserve our funds. Forty-eight of the city's signals would be eligible for retrofitting. For a full rebate the equipment must be installed prior to June 1, 2001. A cost benefit analysis was completed by staff that indicates the City would be able to replace its incandescent traffic signals with the LED lamps/bulbs, as well as to paint those needed signal heads concurrently. With the rebate that covers much of the material costs and the energy savings, the City would be able to recover the costs in a period of approximately two years. C/Ansari left the meeting at 8:45 p.m. Moved by C/Chang, seconded by MPT/Herrera to 1) appropriate funds frm the unappropriated General Fund in the amount of $178,320 for the LED Traffic Signal Conversion and Rebate Program, and 2) authorize the City Manager to execute the LED Traffic Signal Application/Contract for rebates in the amount of $121,927.92 with Southern California Edison. Motion carried 4-0-1 by the following Roll Call vote (C/Ansari absent): RECESS TO REDEVELOPMENT AGENCY 8:50 p.m. 1. CALL TO ORDER: Chairman Chang called the meeting to order at 8:50 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. ROLL CALL: C/Chang. VC/Ansari was excused. 2. PUBLIC COMMENTS: Agency Members Herrera, Huff, O'Connor, None offered. 3. CONSENT CALENDAR: Moved by AM/O'Connor, seconded by AM/Huff to approve the Consent Calendar. Motion carried 4-0-1 by the following Roll Call vote (VC/Ansari absent). 3.1 APPROVED MINUTES — Regular Meeting of December 5, 2000 — As submitted. 3.2 APPROVED VOUCHER REGISTER — dated December 19, 2000 in the amount of $1,089.77. 3.3 RECEIVED & FILED ANNUAL FINANCIAL REPORT AND FINAL AUDIT REPORT FOR THE YEAR ENDED JUNE 30, 2000. DECEMBER 19, 2000 PAGE 11 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: None 8. ADJOURN REDEVELOPMENT AGENCY MEETING: 8:55 p.m. RECONVENE CITY COUNCIL MEETING: 8:55 p.m. 10. COUNCIL SUB-COMMITTEE REPORTS: 11. COUNCIL MEMBER COMMENTS: C/Chang requested staff to look into the current energy problems facing California and asked that an Edison representative attend a future Council meeting to make a presentation. 12. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned the meeting at 9:25 p.m. CITY OF DIAMOND BAR STAFF REPORT STUDY SESSION TO: Honorable Mayor and Members of the City Council MEETING DATE: December 19, 2000 REPORT DATE: December 14, 2000 FROM: James DeStefano„Interim City Manager TITLE: CONSIDERATION OF ISSUES RELATED TO STORM WATER MANAGEMENT; PERMITTING, TMDLs, SUSMP, AND MEMBERSHIP IN THE COALITION FOR PRACTICAL REGULATION Background The City of Diamond Bar (City) is a permittee under a National Pollutant Discharge Elimination System (NPDES) permit issued by the Los Angeles Regional Water Quality Control Board (Regional Board) to the County of Los Angeles and its numerous city co-permittees. This permit allows discharge of storm water from non-point sources into the rivers and oceans under controlled conditions. As the local agency in charge of development and planning, the City must comply with the general permit, implement its local provisions, or be subject to fines. The permit is administered by the Regional Board, while the County of Los Angeles, as the Principal Permittee,, has carried on the day-today management, monitoring, and reporting of the permit. As a background, the controlling legislation for storm water management is the federal Clean Water Act of 1972. The process followed by the federal agencies and the states has historically been to focus on point sources; but more recently, the negative impacts of nonpoint source pollution, and storm water, has become better known and appreciated. Given that point source pollution has been largely regulated, attention has now shifted to the regulation of nonpoint source pollution, and in the absence of specific sources, focused on local government as the regulated community. As a result, the City finds itself as a co-permittee with the County of Los Angeles and nearly all other cities of Los Angeles County. The County boundaries are found to be a useful, although not a required, perimeter for implementation and monitoring of storm water pollution. As one of the first actions undertaken by the City as a result of the current permit, the City enacted a storm water and urban runoff pollution ordinance that mandated at least the minimum requirements as set forth under the permit's guidance. Since that time, the City has faithfully carried out the provisions of the permit including outreach, educational site visits, staff training, and implementation of model permit programs. There are five issues which are the subject of this study session. One is the near term expiration of Study Session Background Materials, December 19,2000 2 the current permit and implications for the next one. The second is the ongoing development of requirements embodied in the water quality, standards, or TMDLs,; total maximum daily load. Third, there is an issue related to an item on the Council agenda for this evening concerning_ , SUSMP. Fourth, there has been raised the issue of the City supporting oil refineries in their bid to avoid industrial NPDES requirements. Finally, there is the issue of whether the City should continue its membership in the Coalition for Practical Regulation, that lobbiesfor reasonable regulation by the Regional Board, and has acted on the City's behalf to successfully advocate changes to some onerous regulatory orders. We shall discuss each of these five issues herein. The Permit The current permit has - been characterized as a planning tool by the Regional Board and the environmental community. Among the many programming facets has been the usage of education and promotion to change the behavior of the public. In addition, several model programs were developed that are to serve as the premise of programming to be undertaken by local government to comply .with the permit. The regulatory community has characterized the next permit as implementation based, whereby achievement of water quality standards will be measured by numeric limits, some of which could be zero emission. While no process is perfect, the current permit's development and implementation has been somewhat uneven. It has taken nearly all of the five years of the permit to agree upon the model programs, and even some aspects that were slated for early development have lagged due to the complexities involved in governmental decision-making. This has been considered by the regulatory community as a impediment to achievement of water quality standards. Among the issues raised by the cities has been the apparent concessional approach of the Principal Permittee, the County of Los Angeles, in negotiating the terms of the permit and in acceptance of numerical standards imposed by the regulators. Coupled with the uncertainties of ,implementing unknown technologies and seemingly incongruous standards, the permittees of the current permit have continued to voice concern about the new permit, including its development, content, and style. The Principal Permittee sets such parameters. i The current permit is due to expire June 30, 2001. As a result, a new permit application must be submitted on or before February 1, 2001 to comply with a 180 -day requirement for application. Study Session Background Materials, December 19, 2000 3 The permit application to the Regional Board consists of the Report of Waste Discharge or ROWD, the Watershed Management Area Plan or, WMAP, and related documentation. Currently, the ROWD is in its second draft, while the WMAP is still in its initial draft stage. Recently, 'there has been considerable discussion among industry professionals and the co - permittees that the current arrangement with the County has been less than workable, and there should be an alternative approach. This approach advocated is to split the watershed of Los Angeles County into smaller sub -watersheds that reflect common geographical, and political characteristics. The theory is that smaller watershed groupings make for better regulation since the "one -size fits all" pitfalls of the current regional permit are avoided. As an example, Diamond Bar is remotely located with respect to the beach communities. Very little of its storm water even makes it to the Ocean as it is trapped at the spreading grounds and dam at Whittier Narrows. Further, a significant amount of its storm water does not even flow to what is referred to as the San Gabriel River Watershed; in fact, storm water flows to both the San Bernardino watershed and the Orange County watershed as well. Assuming the local watershed, Diamond Bar would' have more in common with other local governments situated in the east San Gabriel Valley than it would with other watersheds such as in Santa Monica Bay, the Los Angeles River; and others. However, the current permit does not appear to readily account for such geographical differences; or perhaps the enforcement of the permit is standardized no matter the local. Implementation of the controversial SUSMP requirements, for instance, might lead to universal specification of technological BMPs such as impoundment systems, without regard to local geology or ground water resources. Further, all 'permittees appear to have been lumped into very broad regional categories by the regulators when it comes to consideration of issues of compliance, even if Diamond Bar is not a, contributor to any pollution. This has occurred with the issue of trash after rainfalls flowing to Long Beach harbor. The City was initially cited with all other cities in correspondence by the Regional Board, even though less than 5% of the trash was emitted from cities located north and east of the Whittier` Narrows. Diamond Bar's contribution was negligible. The City has two options in effect for this next permit. One, it can choose to remain part of the Countywide permit a choice that most cities appear to have taken, for a variety of reasons. Or, it i Study Session Background Materials, December 0,2000" 4 may choose to partner with other local cities on a watershed based permit application. There are a number of pros and cons as identified below. It is important to note that the County canvassed the co -permittees in late November 2000, asking for a consensus opinion as to whether the next permit should be a watershed based format or we should continue with the present Countywide format. According to the County, most cities did not respond. The City of Los Angeles demanded that the watershed based format not be used. Eight of the 27 cities of San Gabriel Valley expressed interest for a watershed based format. At this juncture, the County has indicated that they are proceeding with the Countywide permit. If cities want a watershed based permit, they are welcome to do so, but the County will need to review the application to determine if standards are met, which is the County's criterion as to whether they will join with a sub -group. If the County's standard is unmet, they will not support the application. Furthermore, the County ;has indicated that they will not assist the subgroups in developing their permit at this time, as they just do not have the resources to do so. Remain in the Countywide permit Issue - Pros Cons Cost No charge to submit application No known disadvantages- • Countydevelops ROWD'& WMAP • County pays for monitoring • County pays for common materials and programming of permit County coordinates permit meetings and reporting • Greater opportunity for cost sharing • County providessignificant funding through ; flood control fees Programming . One size fits all • One size fits all • Greater opportunity for sharing findings • Lack of innovation • Technical support from many sources • No authority or voice in decisions' • Guarantee of County approval for programs - • Inadequate resources to allow for micro - Allows greater emphasis on local planning scale approaches to watershed • Greater need for cookie cutter tech that> may not work in local situation Standards • Universal standard • If standard unacceptable, no choice - • Cookie cutter approach workable as in model • Commonality of program may be programs unacceptable to environmental community • Still a need to make programming work at watershed level Institutional • Safety in numbers • Inflexibility • Greater clout and influence, i.e., lobbying • Didn't work for SUSMP • - Protection against legal, actions • Loss of identify Too many layers of bureaucracy 0 Too much County administrative control Issue . Pros Cons Cost • Can easily determine priorities • ' Share in application fee of $ l OK • Local control over budget . Must develop ROWD & WMAP w/o • Any fees and funds to be used locally County fiscal support • w/o County, City must develop funding • Costly to develop database • Costly to monitor and report progress • Costly to develop technology Costly to lobby • Need to develop lead city/lead agency role Programming . Greater flexibility to develop programming • County must approve application before • Model programs already developed they join with cities' group • implementation already underway • Must develop ROWD & WMAP w/o • - Resources available at a price to negotiate the County technical support desired path • '- Less technical support than with Narrow scope from 85 entities Countywide ' Standards • May be able to negotiate less stringent • ' May end up with greater requirements requirements, but still same standard • ' If standard unacceptable to County, they won't "oin Institutional • Local control . Easier for Regional Board to "pick ofP' • Similar cities with similar interests • ' Less clout and influence with small group • Co-operation may; not be attainable Someone has to take the liability • No agreement from County that they would onl be alead `permittee Overall, there appear to be significant hurdles for the City to select a watershed based permit application at this time. The important points are: 1. Time - there is less than 45 days to complete the application including the ROWD and WMAP; plus there are institutional hurdles including who will be the lead city if the County decides against supporting the subgroup. 2. Cost The cost of the application will include developing the permit application as well as the pro rata fee (some portion of $10,000). At present, the City pays nothing towards the application and its development. 3. Standards — If the City were able to obtain less than the universal norm for standards, then there would be some benefit to pursing the application. However, the County has made it clear that they will not support any permit application that is indefensible from the standards perspective, and the Regional Board will likely not entertain any approach that takes a less stringent standard than that advocated or accepted by the County. Study Session Background Materials, December 19, 2000 6 4. Institutional — By banding together into smaller groups, the benefits of watershed based approaches may be lost because there are smaller numbers of co -permittees; where once there was safety in numbers, there are fewer co -permittees and less clout. This could allow the Regional Board to micro -manage the watershed, especially if the County is not a Principal or co -permittee in our area. 5. Funding — By creating smaller groupings, and if the County is not a partner, then the full costs of the watershed based permit fall upon the watershed based permitttees. If there are only a few cities involved, then the cast of monitoring, reporting, and developing , programming fall upon a smaller base of payees. This will certainly increase the cost of the next permit to the City of Diamond Bar. Staff believe that, there are numerous reasons why watershed based permitting is desirable. However, the short time frame and for the reasons noted above, selection of this approach at this time appears unacceptable based on all considerations, including cost, funding, institutional, and technical. _ Staff believes that it may be more productive to work with the County and acquire greater voice and input into the permit decision-making process; that the time and attention that will be spent on the permit application be focused on improving the application developed by the County and that critical caveats and provisions be fought for to assure acceptability of the permit, rather than trying to develop a whole new permit; and that staff work with the County to incorporate as much watershed based information and programming so that the next permit is practicable. Whatever the Council decides, there is a requirement that the City support the lead agency with a resolution binding the City to the permit application. This can be done in January at the second meeting. A full staff report and resolution will be; prepared for Council action. TMDLs Staff believes as well as the County that the real issue in this permit cycle is the TMDLs, or total maximum daily loads, that will represent numeric limits for discharges to receiving waters. In some cases the TMDLs could be as low as zero or even below detection limits for offending constituents. Right now, the burning issue is the TMDL for trash. The Regional Board issued a draft order concerning a zero discharge limit for trash for the Los Angeles River. There will be a public Study Session Background Materials, December 19, 2000 8 probably two reasons: one, the oil industry supported the cities' fight against SUSMP requirements related togas stations and they have funded the CPR; and, second, the apparent link between point source discharge requirements and the pending TMDLs, whereupon both are targeting zero discharge limits. Staff is investigating the linkage between the point source discharge requirements and the pending TMDLs. Staff is also slated to receive the Regional Board's proposed modified, permits for oil refineries prior to the January 25, 2001 hearing to be held on the issue. With regards to the support from the cities for the oil refineries because they supported us I on the SUSMP, there is less linkage since the oil industry had the specific issue of over regulation, of gas stations by SUSMP requirements. Onerous provisions were modified by the State Board. Whether the cities should support the oil refineries in their effort to fight modification of their discharge requirements as a point source, that is open to discussion, but should not be linked based on the financial support given by the industry to the appeal of the SUSMP order. CPR The Coalition for Practical Regulation (CPR) was formed by the 33 cities that contested the actions of the Regional Board to establish illegal SUSMP requirements. The State Board ultimately supported the Regional Board's order, but certain offending provisions were deleted as a result of the CPR's appeal. The CPR was established to appeal the order, but since then it has continued to work towards practical regulation. Recently, the CPR issued a letter on behalf of the member cities, including Diamond Bar, commenting on the tentative order for a NPDES permit for San Diego. The letter contested several aspects of the draft order; with the premise being the concern that the San Diego permit would constitute a precedent for the upcoming Los Angeles Municipal Permit. The issue before the Council is whether the City should continue participating and funding the CPR. The CPR has issued a memorandum asking that members or prospective members inform the group of their intent to join or continue membership by January 2, 2001. The cost for membership is $ 10,000 per year, with the CPR suggesting that fees be broken down into two payments of $5,000 each, with the first payment due now and the other due January 15`x, 2001. A draft budget is attached for your review. Study Session Background Materials, December 19;2000 9 There are advantages to continuing our membership in the CPR. Likely, the group will continue and the costs of lobbying and other actions are minimized when spread among the cities. It is likely that as the new permit, in whatever form, is submitted to the Regional Board, there may be a great need for a strong lobbyingtnegotiating voice other than the County of Los Angeles, who may not place the interests of the co -permittees before its own, in the process. Plus, the fact that 33 cities allied to act to respond to inappropriate regulatory actions is a positive sign that should be encouraged, While the costs may be debatable, there has been a definite need for such an organization given the lack of. such response for any established agency supposedly working towards our needs and interests: On the other hand, the CPR was a result of the 33 cities appealing the Regional Board's order. Now that the order is finalized; we still have to implement SUSMP requirements. Certain aspects are reduced or deleted, but conventional wisdom indicates that such provisions will be part of the next permit. We may have only delayed the inevitable. In that light, the CPR has served its purpose, and perhaps the co -permittees need to look elsewhere for the type of guidance and direction required to effectively respond to regulatory actions that local government criticizes. It is not known as to how many cities will continue the relationship. Staff is now attempting to gauge the support of the group by its membership. Discussion Staff is available to answer any questions concerning these issues. Attached are documents concerning the CPR, the new permit, and related issues. Prepared by: David 0. Liu/J. Michael Huls i I ���-�3—i3ii ur:fuisr ..►, rviicnac� i -suis, KGH tc�a ~�b� i��4 r_c_rr_r Coalition — ----------- for Practical Regulation ••.•• -.••_ November 16, 2000 Bellflower Bell Gardens MEMORANDUM Burbank Cerritos TO. CITY MANAGERS Commerce LOS ANGELES COUNTY Compton Diamond ear FROM: KENNETH C. FARMING Downey CITY MANAGER Hawaiian Gardens CITY OF SIGNAL HILL HuntingtonPark Industry SUBJECT; NPDES PERMIT — RESULTS OF COUNTYWIDE Irwindale MEETING — REQUEST FOR MEMBERSHIP La Canada Flintridge La Mirada This memo i5as a brief u rovided P Pdate for those managers and staff La Verne Landale who could not attend` the countywide briefing on the new NPDES Lawndale , permit held in the City of Downey on November 14Th. Attached to this Monrovia memo are the important informational handouts from the meeting. We MahtObella are requesting that you consider either oinin the Coalition or ,} g Paioa verdes Eatatea continuing your'' membership. We request a response by January 2, Paramount 2001, since the review of the new NPDES Permit is currently Pica Rivera underway: Pomona Rancho Palos Verdes Besides the original 33 cities in the Coalition, 14 additional cities Rosemead attended the briefing. A portion of the meeting was devoted to a Santa Fe si>rings briefing on She major problems that Cities 'face with the new NPDES San Gabriel permit and the Trash TMDL Order_ There was a, general consensus Signal Hill that; the Coalition. needs to move to the text phase; - review and South Gare response to the NPDES permit and the Trash TMDL Order. We vete+o„ discussed a proposed budget and workprtlgram that will Support the walrsut Coalition's activities for the next year. whittti" Ths work ;Program includes providing legal :technical to ,and support the member cities as we deal with the new permit ,and the TMDL orders. We are also anticipating the need!, for legislation. We have broken down the $10,000 annual membership fee into two fiscal JfaC-.L.5-uu Ul:.uut- J. iy�.iCila.E 1 Y'S iJ. . Kt H. .:. otfi y� /oo•+ r �., Dec -33-00 01:OOP 0. Michael Hu is; REA 626 969 7854 Uoalition for Practical Regulation Coalition for Practical Reoulation Draft Budget — NPDES Permit Review Betlllower January 1, 2001 to December 31, 2001 Bell Gar"ns ExpensesBurbank Cerritos Work Item/Task cost Commerce ; Compton Coalition Support! Management Services $60,000 Diamond Bu Downey Legal Support Hawaiian Gardens HuMington auk NPDES Permit Review $30.000 industry TM L Order $20,000 ` irwindak Steering Committee Meetings $20,000 „ La Canada Fiinrridge (16 meetings) La Mirada Coordination of cities/ resource La Verne and support for individual city staff $30,000 Lakewood Legislation/ drafting, committee tawntate attendances $50.000 Monrovia MontebelloSubtotal $150,000 $150,000 Palos Verdes Estates NPDES Permit Fee (optional) $10,000 Paramount Pico Rivera Legislative: Support (Jan through June 30') $45,000 Pomona 9 month retainer at $5,000 per month for Rancho P"s verses Sacramento support only Rosemead Santa Fe Springs TeChnlcal Support/ Expert Testimony $35,000 San Gabriel signal►+iu Copy charges, travel expenses, 'mist $10,000 South Gate Vernon Contingency $35,000 Walnut Whittier Public Relations (donated) Total $345,000 _ �+��- ► �- cat .lilt' .i• I�flClnnf? 1 rlU I -s& REA 626 969 7854 P.13 November, ove er , 2000 MEMORANDUM TO: HONORABLE MAYOR AND -MEMBERS OF THE CITY COUNCIL FROM: SUBJECT. NPDES PERMIT RENEWAL ! COALITION FOR PRACTICAL RECULAT ON • , Summary: Los Angeles County is in the process of drafting the new National Pollution Discharge Elimination System (NPDES) permit. A group of Los Angeles County cities are concerned that the terms of the permit will mandate expensive new municipal programs'. This report explores the continuation of a Coalition of local cities organized to respond - to the permit renewal. The Coalition Steering Committee is;currently asking the cities to renew their membership and for other , Los Angeles County cities to join the effort. Re_. °= Council review and comment is requested. Recommendation. Council should authorize the City to (continue to -participate in or loin) the Coalition for Practical Regulation (Coalition). Fiscal Impact: The Coalition is requesting $10,000 in membership dues, spread over two fiscal years. The first $5,000 payment would be made this fiscal year. If necessary, the second $5.000 payment would be made on July 1 2001: Background'_ A coalition of 33 Los Andes cities was formed in February of this year to respond to storm water regulations prepared by the Los Angeles Regional ;Nater Quality 0oard. The Coalition is managed by a Steering Committee, consisting of council members, city managers, public: works officials and technical staff. A copy of the Coalition members and Steering Committee is attached to this memo. The Coalition petitioned the State Water Quality Control Board, requesting modifications `10 storm water mandates imposed by the Regional Board in June of MIChae I "Uks, FILA this year. Known as SUSIVIPS or Standard Urban Storm Water Mitigation Plans, they required new storm water measures for development, The State So2r(I ruled on the Coalition's Petition in October. All Los Angeles County cities are required to modify their SUSIAP ordinances by February 15, 2001, based on the results of the petition- SUSIVIPS are outgrowths of the NPDES permit granted in 1996. The Federal Clean Water Act was amended in 1987 to require NPDES permits for all storm drain operators. Los Angeles County became the principal permittee under the NPDES permit and the cities were Peffr1ittees under the countywide permit. A second NPDES permit was negotiated with the Regional Board in 1996. it contained the requirement of the development Of !fix model programs, including the requirement to develop the SUSMPS. Besides the SUSIVIP programs, the 1996 NPDES permit mandated improved street sweeping programs. increased frequency of storm drain catch basin cleaning, stenciling of storm drain inlets, increased property inspections, and education programs. • Renewal of the 'NPDES Permit The Regional' Board requires that the NPDES permit be renewed every five years. Many cities fell in 1996 that Los Angeles County left them out and uniformed of the negotiations over the NPDES permit . Cities also felithere was insensitivity to the budget impacts of the new programs on the cities. Los Angeles County is currently drafting the new NPDES permit with the Regional Board. There are several problems with the,new perm& Terms of the new NPDES permit would be "open ended" Under the terms of the existing NPDES permit, cities that implement the specified programs are deemed to be in compliance. Compliance is critical, since it protects the city from Costly environmental litigation and Regional Board fines. Once you have implemented the NPDES, programs, you are relieved from environmental liability under the Clean WateT. Act and State laws. Specific programs were negotiated as terms of the permit in 1996. The programs under the new NPDES Permit are Proposed to be "open ended". A series of new regulations would be amended into the permit during the next five-year, period. The bestexample of the "open ended" nature of the permit is the TMDL (total Maximum Dally Loading) requirements. Total Maximum daily loads of various constituents. would be set and measured at city storm drains. An example is the TMDL dealing with trash in the Storm water, There are several other TMEX's anticipated during the life of the permit — copper in storm water, dissolved solids, etc. Once cities Comply with one regulation, the compliance bar is moved higNr. , Cities will continually be shooting at a moving target. UeC-1..5-1 L) U1 .lYl f` J. 1"ilCClde i 1'U iS y.. KtH 040 tst77 /LSb4 Y_ 10 Compliance may be impossible Cities would be unnecessarily exposed to environmental litigation The new NPDES permit proposes tying compliance to the results of water tasting and monitoring programs. Many of the program goals have no scientific or public health basis. For example on the Trash TMDL, the Board is proposing a "zero tolerance" standard. Cities will be field liable, no matter what programs they have implemented, and if any trash is; found in local storm water. Cities will be exposed to environmental litigation based on compliance with program gnats that are impossible to achieve. Goals of the Coaltion The CPR Steering Committee established several goals. Support Clean Storm Water - The Coalition supports clean storm water, but they do not 'believe that the financial burden should be shifted to the 'cities. The Coalition supports working with the Board and other' parties to have a reasonable NPDES permit, however the region cannot afford to -clean storm - water to "drinking water quality". Cities Need A Coordinated Response - The Coalition believes that Los Angeles County cities need to coordinate their response to the NPDES permit and stay involved in the ;permit review and ,the development of the TMDL's, including Regional Board hearings. The Coalition can assist the cities in understanding the proposed permit requirements and in formulating responses. Regional Solutions - The .Los Angeles County Flood Control District was formed - to control storm water and move it efficiently out to the rivers and ocean. They have funding; authority and mechanisms in place to solve the storm water problems on a regional basis. The Coalition wants to engage the County staff and the Board of Supervisors to use the District. The Coalition wantsto work with State officials to improve funding for regional solutions. Legislation - The Coalition supports reasonable changes to the Porter -Cologne Act, the State i regulations on clean water, Analysis: The Coalition is proposing a work pian for the six-month period from January 1, 2001, to June 30, 2001- This period would include the technical and legal review of the new NPDES permit and the Trash TMDL Order for the Los Angeles River, The Regional Water Quality Control Board has indicated that the Los Angeles River TMDL will be the "standard" for other regional rivers to follow_ This six- month time period will also involve drafting of legislative amendments to the Porter -Coigne Act. The initial cost of city membership is $5,000. ` . i. L F- -J- frl 7 casae i hu l s , RLA 626 '969 7854 P.16 The second six-month period, from July 1, 2001, to December 31, 2001, will include continuation of.the permit review, if necessary and continuation of the legislative effort, during this same period of time, the Coalition wilt provide support services. A copy of the proposed Coalition budget is attached. The Coalition will provide petiftc updates for member cities. The Coalition's draft budget is $345,000 during the one-year period. The Steering Committee will review the work plan and adjust the budget based on the number of cities that will eventually extend their membership and new cities that join. The Coalition will keep us informed of changes to overall budget and any proposed increase in the membership fees. The City of Signal Hill is retaining the various consultants to complete the work plan. They plan on being reimbursed for these expenses from the membership fee Joining the Coalition is not a binding commitment by the City and our CPR membership can be withdrawn at any tithe. Membership does not commit our City to any legal action or petition anticipated by the Steering Committee. Attachments, CPR Members CPR Steering Committee Authorization Letter VGf✓' i# #'#7L##tie# ii lL �i3 � RLhi -VCZ.: �V �...l �yY i'. 31 Subject: Watershed NPDES Permits Bate: Tue, 12 Dec 2000 22:42:33 -0800 (PST) From: "R. Tahir" <tecsenv'C1yahoo.com> To: Nasser Ahhasr tdeh <Nvbba)zadt:h@ci.aztisa_ca.us>, Msi Alvarez <didvarez@downcyca.org>, Erin Alvarez <erin_atvatez@ci.cerritos.caus>, Richard Canru%l! <tcarttu ertC�c::�lendne� CA u3>, Dave. Collasi-cdotilln .111whittiach.org>, - Steve Eshenshade<ethenshades@ucccssttuxrtc.cutn?, Andrea tlarringuHt <aharringiun@ct clarcmont.ca,us>, "M#_lutel 1 Ilulk" <i#nhrcuOflash nct>, John Kao <jka*L&cc-eng.cnma. Steve Lorimi <rtm#vil@aul.cum>,Tom Mayer <tom.mayet L&westeov,org>, Brad Miller <hnntlerGi ti gkntktra;ex,us>, David Mochituki <d"chirukit whitticr#-h.urg>, Rkhard Motitevi"i {firtAnt[vitltt, 'rUttlrl;et)rttY. "Kym U't eary" <knis ary( ci..ad-tl rnay.cx.us>, The attached fact sheet is intended to provide with you information to enable you to consider another Permit option. Whatever reservations cities have about this proposition, it should be kept in mind that the County of los Angeles, the principal permittee for the municipal NPDES permit, is, along with the City of Santa Clarita. applying for a separate, watershed/sub-water,bed-based permit. This action should be used as the basic background for assessing tate advantages/disadvantages or any risks &ssociated with shooting amatershod based permit. And once again, the only difference between the watershed/sub-watershed based permits that are being proposed now, is that the County would be relegated to a lead permilec. The ONLY difference here is that as a lead permitrec..the County would not be able to make decisions on critical issues (permit or program negotiations with the regional board), without- consensus from cities, in the watershed/sub-watershed. If you have any questions, please call me or Devi Alvarez, Director of Public Works, City of Downey (562.904.7102) or Ed Shroder, Director,of Public Wurks,C ty of Signal Hill (562.)989.7355. Ray Tahir 626.396.9424 I I 8380-3 -(.I Ci vA:uta� .J. iiCria EG 0 ALTERNATIVE NPDES PERMIT- FACTSHEET The current municipal NPDES permit is schedule to ex ire in July of 2001. The deadline for renewing the permit is February 1, 2001. Several cities have expressed an interest in participating in a sub-watershed based permit. ` Under th current permit, 83 cities are grouped into'6 watersheds under a single permit, wherein the Cot nty of Los Angeles. Cities throughout the county are considering an alternative arrangement. h stead of participating in a county-wide permit, cities are interested in a separate permit with fe or municipal participants and grouped according to watersheds or sub-watersheds. Some cit es, on other hand, have expressed understandable resenratiOns about this proposition. The urpose of this fact sheet is to provide information concerning frequently asked' questions regard`ng this proposition. Q: How would a separate municipal NPOES permit based on sub-watersheds duffer from the' current permit? A. In 2 ways. First, it would narrow the scope of the permit from Ss municipalities, including the county to the number of municipalities that are in the sub-watersheds -- about 10-15 cities per sub-watershed. Second, the role of the county wo ld be revised from being a Principal Permittee to a Lead Permittee. All this means is tha the county would be able to make decisions on permit issues without majority approval of th cities. At present, the county is only obligated to consult with cities. This modification of the ounty's role is intended to prevent it from ` imposing requirements negotiated with the re nal board and the environmental community; as part of a settlement agreement. It shout be noted that these issues are not going to arise too often. Furthermore. the Cit Sa to Cladta alongwith -Countyare applying for a watershed Permit (probably for pro sdtioni3-related purposes). In this arrangement, the County would ,'stilt be the Principal ermittee and, as such, 'would' have superior decision-making authority In the affairs of the per it. Q: Why is there a need with a separate watershed sub-watershed permit? A: The current permit is too broad'. It covers all of the watersheds in the Los Angeles Basin and gives the county too much administrative control over permittees in those watersheds. It should be meted that a new permit will be more watershed-oriented (this is why the county, formed a watershed management division to replace its storm water management program).' Watershed management, by the way, includes not just storm Nater but flood control and water cons_ e_ation ,(i.e., ground water recharge). By allowing the county to exercise control over these areas, cities could yield too much decision-making authority to it -- especially with regard to flood control and ground water recharge. Further, Proposition 13 fund (water bond act adopted voters last March) makes available several millions of dollars to municipalities of Los 'Anget s County for watershed protection. Although cities are grouped into watersheds, 2 of the largest, the Los Angeles River and San Gabriel River watersheds are .actually not watersheds .per se, but are geopolitical jurisdictions. For example, the City of San Fernando and South Gate are located in the Los Angeles 'River watershed, even though they are some 45 miles apart and ave different water quality issues as they relate to storm water, flood control, and water conservation. By; dividing the Los Angeles River and San Gabriel River watersheds into upper and lower sub-watershed groups, cities would be in a better position to identify common water quality issues and to apply for `Proposition 13 (water bond) fund to address those issues. Q: Won't cities incur higher administrative costs under a separate watershed permit? A: Notisaily, The only extra cost would be the shared cost for the permit application. The cost of the permit for a group of cities is $10, 1 000. The share of cost for each city would 'be determined by the total number of cities in the watershedtsub-water group divided into $10,000. For example, it 9 cities and the county were part of the group, the share of cost would be a $1000.00 per municipality. The County would continue to subsidize those activities and programs under the alternative, watershed/sub-watershed based permit that it now funds under the existing permit. This is because the County pays for these activities and programs using FLOOD CONTROL ASSESSMENT FUNDS, into Mich ALL CITIES Day. 0: Won't cities be exposed to legal l4abifity under a sub-watershedpermit? A: No, as some city attorneys have already indicated. The liability would be the same under a separate watershed or sub -watershed permit as it is now under the current permit. It should be noted that the current arrangement with the county does not immunize cities against liability_ The permit implementation agreement, which all of the co -permittees entered into with the county since the first NPDES permit was adopted in the early 900s, clearly affirms this. Under a new permit, whether it is watershed/sub-watershed based or inclusive of all watersheds, this same agreement will likely to continue to be used to bind the cities and the county together. It should also be noted that having the County as a Principal Permittee does not immunize cities against litigation anyway. The County, afterall, was forced into a settlement agreement with the environmental community after it failed to comply with a a monitoring requirement associated with 190-1995 municipal NPDES permit. And because the cities were co -permittees, they to I o were forced to,go along with that agreement, which imposed additional, more: stringent requirements beyond what is ,called for under state and federal storm water regulations (the SUSMP is a good example of this). 0. Won't cities lose leverage in dealing with the regional board by being grouped into watersheds1sub-watersheds? A. No. Remember, the County would be present as a "Lead Permittee" in each of the waterShed/sub-watershed groups. And, in -any case, it would be naive to assume that the County would place the interests of cities before its own. Q. won't it be more difficult to coordinate activities between the County and cities under a watershed,sub-watershedpermft? A. No more so than it is. now. Actually, under separate permits for the Upper and Lower San' Gabriel River and Los Angeles River watersheds, coordination should be better. For one thing it would be less complicated because cities would be grouped into sub -watersheds, where they would have more in common. Q. What other cities are considering participating in watershed1sub-watershed parmirs. A. Cities in the Lower San Gabriel River are currently working on a sub -watershed based permit. They include Bellflower. Downey, Lakewooed, Paramount, Santa Fe Springs, Whittier. Other cities in that region are in the 'Process of following suit. And as mentioned, the City of Santa Clarita will be applying for a separate permit with the County. Also. the City of Long Beach as had its own permit for over a year now. I 2 B G'. ,v d I CITY OF DIAMOND BAR SPECIAL CITY COUNCIL MEETING NOVEMBER 14, 2000 1. CALL TO ORDER: Mayor O'Connor called the Special City Council Meeting to order at 9:05:.a.m. in Conference Room A, Diamond Bar City Hall, 21660 E. Copley Drive, Suite 100, Diamond Barg CA 91765. PLEDGE OF ALLEGIANCE: Mayor O'Connor led in the Pledge of Allegiance. ROLL CALL: Council Members Chang, Herrera, Huff; Mayor Pro Tem Ansari and Mayor O'Connor. Also present were: James DeStefano, Interim City Manager 1. NEW BUSINESS: 2.1 INTERVIEWS OF EXECUTIVE RECRUITMENT FIRMS FOR THE POSITION OF DIAMOND BAR CITY MANAGER: Presentations by representatives from the following firms: A. Bob Murray and Associates. Regan Williams stated that Bob Murray & Assoc. is a relatively new company formed in July 2000. However, Bob Murray is quite well-known throughout the western U.S., has been conducting executive search for many years and has placed nearly 100 City Managers, County Administrators, etc. Prior to commencing work with Bob Murray, he spent 30 years working for the City of Sunnyvale, the last 15 years in management and the last 7 years as the Director of Public Safety. He reviewed the 11 -step process his firm takesin recruiting for a City Manager;',the most important of which is to determine what the City wants. Other steps involved in the process include developing and distributing a recruitment brochure and initiating an advertisement campaign. He stated that while networking for other positions; he spoke with a couple of managers of other cities who are interested in relocating to Diamond Bar. His firm would set a cut-off date at which point the applications would be screened and narrowed down to approximately 12 candidates. Those 12 candidates would be interviewed down to about six candidates, at which time the firm would assist D.B. in conducting the interview process of those six Candidates. 'Impo'rtant items to the search are Salary and compensation package (relocation expenses, housing assistance, low interest loans,, etc.). He felt that a regional search would be sufficient for D.B. rather than a national search because there is a large,group of people within the State, which would provide a quality candidate selection. Mr. Williams responded to C/Huff that this process takes several months to complete. Since his firm opened, there have been no City Manager lacements HoW'' B b M' p ever, o array has placed hundreds during his career. NOVEMBER 14, 2000 PAGE 2 SPECIAL CITY COUNCIL Mr. Williams asked if the City Council had specific and/or internal candidates in mind for the position. Mr. Williams responded to C/Huff that the firm has a list of potential candidates with whom they network on a regular basis. Prior to being involved in recruitment, Mr. Murray was a City Manager in Olympia, Washington and previously served as an assistant City Manager in Walnut Creek. He was instrumental in putting together DMG's executive search program. The name "Bob Murray" allows him access to potential candidates throughout the country. Mr. Williams explained to 'C/Chang his company's detailed plan for recruitment. He recommended that the Council appoint a contact person to receive the initial information from his firm. Mr. Williams explained to MPT/Ansari that Mr. Murray was not present at this meeting because he was conducting a review process with another City. Mr. Williams explained that he has 30 years of municipal government experience and has hired hundreds of employees. He was actually involved in the team that hired his City Manager. While he would be the project manager for DB., Mr. 'Murray would remain involved in the process. Mr. Williams explained to C/Herrera that his firm's staff is not large; however, they do not take on more than they can handle. Once the initial reviews are conducted and the initial' advertising campaign is developed, there is a period of time when the firm is waiting for responses. His support staff consists of administration, clerical and retired law enforcement investigators. Potential applicants are considered based upon the criteria set forth by the D.B. City Council. Applicants who do not meet those criteria' are eliminated and the remaining applications are narrowed down to a list of 12 finalists based upon their background and experience. Mr. Williams explained the costs to C/Chang. He estimated that it would take three to four months to provide the final interview list of potential City Managers to D.B. In response to M/O'Connor, Mr. Williams stated that the vast majority of the applications will come from advertising on the pamphlet and 10-15%o come from 'networking.. His firm has not actively engaged in finding potential employment for spouses of candidates; however, he was aware of one City that has taken on such a project. Although -a smaller percentage of candidates come from the firm's networking, they appear to be some of the better qualified candidates. C/Huff asked if the firm would refer potentially "hot" candidates to D.B. even though they may not fit the Council's criteria. NOVEMBER 14,2000' PAGE'S SPECIAL CITY COUNCIL Mr. Williams indicated that referral candidates are primarily screened based, upon criteria provided by the City. C/Huff hoped that during this process, the firm could help the City establish the criteria. Mr. Williams responded that if the City does not know specifically what it wants, his firm would help establish the criteria. Mr. Williams indicated to M/O'Connor that salary would be very important. You get what you pay for. If you advertise the position at $105,000 per year, it will make it more difficult to attract a quality candidate. He recommended that the, position be Listed with salary "negotiable." Prospective candidates will ask the firm what salary range the City is considering and the firm prides itself on its honesty and integrity. If the firm begins luring a candidate into the process at$150,000 and the City offers the job.at $105,000 it would damage both the City and the firm. In order to discuss the matter with potential clients, he would like to have a salary range reference to discuss with potential clients. ,He would prefer to obtain information about City Manager salaries currently being paid by neighboring cities. He suspected that $105,000 is low. ICM/DeStefano pointed out that many ads indicate "up to $115,000 salary presently under review" for instance, that allows for flexibility while the City Council is determining what salary might be appropriate. Mr. Williams believed items such as relocation expenses, housing considerations, etc. help to make the package more attractive. Mr. Williams indicated to MPT/Ansari that Bob Murray's retention rate is excellent. In fact, his firm's proposal offers a guarantee of one year in the contract. ICM/DeStefano asked how Mr. Williams's firm measures success in matching a candidate with the City, and what method of follow up does Bob Murray and Associates provide to the City Council and to the candidate. Mr. Williams responded that his firm's follow up consists of word-of-mouth. If one of his candidates were placed in D.B., he/she would become a member of their network to help identify future candidates. Bob Murray & Assoc. will not call a candidate it has placed six months earlier asking him or her to consider another position but they would be used for networking. Mr. Williams indicated to C/Huff that Bob Murray & Assoc. does not encourage their placements to apply for other City Manager positions for which they are recruiting. Mr. ,Murray's reputation is such that he can call almost any City Manager and get him on the telephone. Their placements are generally very open to providing feedback on potential candidates. NOVEMBER 14, 2000 PAGE 4 SPECIAL CITY COUNCIL RECESS: M/O'Connor recessed the Special City Council Meeting at 10:05 a.m. RECONVENE: M/O'Connor reconvened the Special City Council meeting at 10:10 a.m. B. Richard Perry and Associates Richard Perry presented his company's credentials. To date,his firm has placed approximately 100 City Managers, CEO's, general managers of special districts, etc. 99% of their work consists of public sector placements. He spoke about his firm's successes and failures: Mr. Perry indicated to C/Huff that in some instances, City Managers are Erred and four years later when new City Council members come on, they are not necessarily happy with the previous regime's choice and seek a replacement. Mr.'' Perry responded to M/O'Connor that with respect to community input, there are typically people who have grudges against City government. Therefore, he does not know how reflective the community's input would be. There may be value to the City Council to receive public' input on this process. Professionally speaking, it has been a positive process for him to receive community input whereas, it may not be,,positive for City ':officials. In response to C/Herrera, Mr. Perry elaborated on recruiting and telephone outreach, which brings in about 20-25% of the candidates. Outreach generally consists of placing an add in the Western City, followed: by having a brochure arrive in prospects' offices and conducting telephone outreach about a week after that. Mr. Perry provided Council Members with copies of his brochures. He indicated to; M/O'Connor that the size and quality of the brochure is pertinent to the process. He preferred using the smaller brochure and providing the pertinent information. However, some people are drawn to fancier' marketing tools. He writes the text and his graphic artist prepares the brochure. Each brochure is personalized for a specific community. C/Huff asked how Mr. Perry views the community (D.B.), how difficult it will be to recruit for D.B. and what salary range would he propose. Mr. Perry stated that there are usually more issues involved with a larger community.` D.B. is a good size. The size of the City's budget and number of employees are matters that concern potential candidates and they are much more attracted to full-service communities, which would be a negative: in the case of D.B. The history and quality of the community is important. His first impression of the community was very positive. This is a well- maintained community. In order to determine a potential salary range, he would need more information. ;He estimated the salary range to be between NOVEMBER 14, 2000 PAGE 5 SPECIAL CITY COUNCIL RECESS: $100,000 and $125,000. MPT/Ansari commented that she appreciated Mr. Perry's asking questions about the City prior to coming into the community. Mr. Perry said he found one of the trickiest items to deal with is influencing neighboring communities relative to redevelopment. As a result, one of the things he would guess D.B. would be looking for might be someone who, on a regional basis, will stand out and will be someone who people will pay attention to. He was surprised to learn that D.B. is serviced by a Sheriff's Department rather than a community police department. Mr. Perry indicated to M/O'Connor that most of the recruiting activity will likely occur after the first of the year. He would like to begin the process over the holidays. Mr. Perry responded to MPT/Ansari that typically, he gets 40-60 applicants in this type of recruitment process. He would include recruitment from outside of California in progressive pockets of the nation such as Boulder, Colorado and focus on similar communities throughout the U.S. with the majority of focus in.the western states: Mr. Perry explained to C/Huff that candidates want to know about the staff and whether he hears the same things from them that he hears from Council members and whether they share the same long-term policy goals and direction. If he is hearing differences, it tells him that there may internal problems. Mr. Perry responded to M/O'Connor that if his firm were chosen, he would be the project manager for D.B. In response to C/Herrera, he explained his current workload and reported on his most recent placements. ICM/DeStefano asked Mr. Perry how he measures the success rate of his placements. Mr. Perry said that he routinely conducts three-month reviews with the new City Manager to see how things are going. If potential -problems are detected, he calls the City Council contact to advise them. Thereafter, follow up calls are made every six to nine months. The tone of these' calls' is informal. M/O'Connor recessed the Meeting at 10:50 a.m NOVEMBER 14,2000 PAGE 6 SPECIAL CITY COUNCIL C. DMG-MAXIMUS, INC. Eric Middleton _spoke about his company's background, its process and philosophy. Norm Robertson pioneered public sector research about 35 years ago and has conducted more than 3,000 executive searches and placed more than 400 City Managers. Their corporate offices are located in Century City and he lives in Redondo Beach, 'which allows for excellent access to D.B. His firm cannot find "the perfect person." What his firm will do, through their efforts, is find a City Manager that best fits this community based upon information provided by the City and by the candidates. He explained the process: 1) sit down with each City Council Member individually or as a group including designated City employees, if necessary, to determine what education and experience the City Manager must have as well as management style, personal traits, `skills, abilities and things that will make this person push forward in a direction the Council wishes to go. He elaborated on these items; 2) from the information gathered from City Council Members, develop a profile for the position. He elaborated on the contents of the profile and how the information is used. He assured Council that only potential clients who want to live in D.B. will be presented for interview and 3) Determine why the potential candidate wants to be in D.B. Following this process, a progress meeting will be scheduled with Council during which 10- 15 potential qualified candidates' resumes and supplemental information questionnaire (information regarding the size of their current organization, the current number of people that they supervise, their current salary, the budget they handle, responses to questions about redevelopment, parks and recreation experience, open space preservation, etc. and key questions (the reason for the candidate's interest in the, position and any barriers he/she may have in accepting the position) will be presented for consideration. 1n addition to the supplemental information his firm will provide Council with copies of the potential candidate's resume and the date that it was submitted to them, along with a summary of the resume. During the time between the progress meeting and the final interview, his firm proceeds to obtain from each candidate a reference list (supervisors, peers, etc.) and ask each candidate to sign a written release to allow his firm to contact the references. In addition, his firm runs a credit check on each candidate, checks for criminal, vehicle and educational records. All references,) background checks and education degree verifications will be presented in an individual packet for each candidate to the City, Council for the potential, interview process. Finally, his firm assists both the City and the candidates through the interview logistics. C/Herrera asked if the firm ever uses interview panels consisting of, for example; City Managers from other cities, to which Mr. Middleton responded yes. In addition, his firm has used citizen panels, which have been extremely successful. However, one of the key concerns is that most of the potential candidates will be employed and his firm wants, to keep the interview process NOVEMBER 14, 2000 as confidential as possible. PAGE 7 SPECIAL CITY COUNCIL Mr. Middleton spoke about the impacts of development and redevelopment to D.B. and about his firm's successful recruitment process for West Hollywood. He stated that if his firm were selected, he would like to setup a weekly telephone meeting with a designated D.B. contact. In response to MPT/Ansari, Mr. Middleton indicated that the search process is based upon the City Council's desires in accordance with their fee schedule, which is based on statewide or nationwide searches. His firm has a full time research staff that identifies candidates. During- the interview process between his firm and the Council, it may be determined that D.B. wants someone from a comparable sized community, comparable economic background, grass roots community, or the Council may want someone from an entirely different area. There are many City Managers within the State who would view O.B. as a great opportunity. Mr. Middleton responded to. M/O'Connor that he has received two potential candidate contacts. MPT/Ansari asked if potential candidates prefer to work with full service cities as opposed to contract cities. Mr. Middleton stated that there would be candidates who are specialized in running either full-time service cities and contract cities. D.B. will want a candidate who understands and can negotiate contracts. Council may want to mention this factin the recruitment brochure so those potential candidates are not excluded from the process. Mr. Middleton further stated that the attraction to, D.B. is location and quality of community. Due to economic/redevelopment concerns, D.B. will likely want someone with the strengths and energy to pursue those concerns. MPT/Ansari asked how D.B. can be assured it would have fresh candidates. Mr. Middleton explained that what may attract candidates to D.B. would not necessarily attract them to other communities. In response to C/Herrera, Mr. Middleton recommended that the final review process be a formal process with an hour for each of five or six candidates. All candidates should be asked the same questions. At the end of that process, candidates that the Council does not want are eliminated. If the final selection can be made," the process is completed. If more time is needed, the final two or three can be brought, back for another interview and this process may be less formal if the Council so desires. NOVEMBER 14, 2o00 PAGE 8 SPECIAL CITY COUNCIL Mr. Middleton responded to ICM/DeStefano that he and Norm work as a team. He will oversee the D.B. process. Both he and Norm will be involved in the progress meeting and interview process. Mr. Middleton indicated to C/Chang that salary depends on what the City can afford. Other features of the compensation package are important. D.B. may want to include relocation incentives and signing bonuses. Most cities the size of D.B. pay $125,000 to $140,000 with extremes at both ends. Responding to lCM/DeStefano, Mr. Middleton stated that when salary ranges are printed in brochures, a candidate sees the high figure. Therefore, printing the salary range in the brochure is not always good idea but the Council needs to know what its limitations are. At the final interview point candidates need to know the top of the salary range. Preferable language for the brochure is "salary depending on qualifications within an established range." The progress report will contain the candidate's current experience and salary. M/O'Connor placed her preference as follows: 1) DMG Maximus and 2) Richard Perry and Associates. She eliminated Bob Murray & Assoc. C/Huff asked ICM/DeStefano if he has any feedback regarding DMG. ICM/DeStefano stated that the key to DMG is Norm Roberts, who enjoys an outstanding reputation and is very well known by City Managers. As a protege, Eric Middleton probably would not harm the City at all if he were to be the project manager versus the stated project manager being Norm because the firm has a very good reputation, Norm has an excellent reputation and the recent Yorba Linda recruitment was handled almost exclusively by Eric Middleton. M/O'Connor pointed out that it is advantageous to D.B. that DMG is local. MPT/Ansari liked #2 and #3 presenters. She leaned toward #2 because she liked his philosophy in dealing with people and his thinking out of the box. She was concerned about the firm being located in No. Calif. C/Herrera said she liked Rich Perry but found Eric Middleton to be much more focused on the goal. ICM/DeStefano cautioned Council that it would have the same issues with any firm it selects. Council wants to be sure that any project manager is capable of performing the work within the scope and, more importantly, the time line that the Council has set to accomplish this goal. C/Chang believed either #2 or #3 presenter would do a fine job. Perry presented the best detail in his proposal. Mr. Middleton's enthusiasm was NOVEMBER 14 2000 PAGE 9 SPECIAL CITY COUNCIL greater than M -r. Perry's enthusiasm. Therefore, he favors Maximus. ICM/DeStefano statedthat in accordance with Council's comments, the sense of the direction from Council is to talk further with DMG and negotiate a contract to be placed on the regular City Council agenda for November 21. M/O'Connor asked if ICM/DeStefano believed the fee is negotiable. ICM/DeStefano responded that it is likely the fee is negotiable but he was not sure that the Council needs to be concerned about $1,000 one way or the other between the three firms. He had the Council's consensus to move forward with DMG as its lead candidate. MPT/Ansari liked Mr. Perry's brochure. PUBLIC COMMENTS: None Offered. ADJOURNMENT: There being no further business to conduct, Mayor O'Connor adjourned the Special City Council Meeting at 12:10 p.m. LYNDA BURGESS, City Clerk ATTEST: Mayor Debby O'Connor 1 CLOSED SESSION: None 2. CALL TO ORDER: Mayor O'Connor called the Regular City Council 'Meeting to order at 6:34 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Mayor O'Connor. INVOCATION: The invocation was given by .Reverend Randy Lanthripe, Church of the Valley. ROLL CALL: Mayor O'Connor, Mayor Pro Tem Ansari, and Council Members Chang, Herrera, Huff. Also present were: James DeStefano, Interim City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director Mike' Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: As submitted. Mayor O'Connor acknowledged the presence in the audience of Mayor Dave Winn, City of Industry. 3. A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1` Proclaimed December 13, 2000 as "Automobile Club of Southern California Day." 3.A.2 Staff announced the receipt of" GFOA and CSMFO Awards for excellence in financial reporting. REORGANIZATION OF CITY COUNCIL 1. Selection of Mayor. C/Herrera nominated Council Member Huff. C/Chang nominated Mayor Pro Tem Ansari. Roll Call vote by the 'City Clerk as follows: Vote for Mayor Pro Tem Ansari - C/Chang, MPT/Ansari DECEMBER 5, 2000 PAGE 2 CITY COUNCIL Vote for Council Member Huff - C/Herrera, C/Huff, M/O'Connor. Robert S. Huff was declared Mayor. 2. Selection of Mayor Pro Tem. C/O'Connor nominated C/Herrera, seconded by C/Chang. Carol Herrera was declared Mayor Pro Tem by acclimation. 3. Presentation to outgoing Mayor Debby O'Connor by 'Mayor Robert Huff. RECESS: M/Huff recessed the City Council Meeting at 7:15 p.m. RECONVENE: M/Huff reconvened the City Council Meeting at 7:43 p.m. 3. B. INTERIM CITY MANAGER REPORTS AND RECOMMENDATIONS: ICM/DeStefano congratulated Council Member O'Connor on her successful year as Mayor of D.B. and congratulated M/Huff on his appointment. ICM/DeStefano reported on the City's opposition to the use of the San Jose Creek Wash Flood Control Channel as an alternative truck lane. 4.a. PUBIC COMMENTS: Danielle Bisterfeldt, Miss Diamond Bar, presented a Certificate of Appreciation to former May Debby O'Connor. She- updated the Council on the activities of the Miss Diamond Bar Pageant. Jeff Koontz, Executive Director, D.B. Chamber of Commerce, announced the Mayor's Breakfast on January 18 at St. Denis Church. Bob Zirbes, President, D.B. Improvement Association, thanked former Mayor O'Connor for her efforts during the past year and congratulated newly appointed Mayor Huff. 4.b. RESPONSE TO PUBLIC COMMENT: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 HOLIDAY DIAMOND RIDE`- November 24 - January 2, 2001 - Free door to door taxicab semi t d f ce o an rom any commerciauretan center in the City to all residents (must be at least 18 years of old, or accompanied by an adult). DECEMBER 5, 2000 PAGE 3 CITY COUNCIL 5.2 PLANNING COMMISSION MEETING - December 12, 2000 7:00 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.3 LANTERMAN COMMUNITY ADVISORY COMMITTEE MEETING= December 12, 2000 - 7:00 p.m. to 9:00 p.m., Research Conference Room, Lanterman Developmental Center, 3530 Pomona Blvd., Pomona. 5.4 TRAFFIC AND TRANSPORTATION COMMISSION December 14, 2000 — 6;00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.5 JOINT PARKS & RECREATION COMMISSION AND TRAFFIC & TRANSPORTATION COMMISSION MEETING'- December 14, 2000 - 7:30 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.6 CITY COUNCIL MEETING December 19, 2000 - 6:30 p.m., SCAQMD Auditorium, 21865; E. Copley Dr. 5.7 PARKS AND RECREATION COMMISSION - December 21, 2000 - 7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.8 DIAMOND BAR COMMUNITY FOUNDATION - December 21, 2000 - 7:00 p.m., Room CC -8, 21865 E. Copley Dr. 5.9 HOLIDAY TREE RECYCLING - December 26 through January 13, 2001- Recycling of holiday trees through the disposal company. 5.10 CHRISTMAS/NEW YEAR'S DAY HOLIDAYS'- City Offices will be closed Monday, December 25; Tuesday, December 26, 2000, and Monday, January 1, 2001 in observance of the Christmas and New Year's Holidays.City Offices will reopen on December 27, 2000 at 8:00 a.m. and Tuesday, January 2 2001 at 8:00 a.m. 6. CONSENT CALENDAR: C/Ansari moved, C/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL` MEMBERS - Ansari, Chang, O'Connor, MPT/ Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS None 6.1 APPROVED MINUTES - Regular City Council Meeting of November 21, 2000 - as submitted. 7 DECEMBER 5, 2000 PAGE4 CITY COUNCIL 6.2 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES - Regular Meeting of October 26, 2000. 6.3 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - Regular Meeting of October 12, 2000. 6.4 APPROVED VOUCHER REGISTER -dated December 5, 2000 in the amount of $624,905.45. C/O'Connor abstained from approval of a warrant in the amount of $58.51 due to a potential conflict of interest regarding the Lanterman Forensic' Expansion Project. 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT for October 2000. 6.6 APPROVED NOTICE OF COMPLETION FOR CONSTRUCTION OF SPORTS FIELD LIGHTING AT PANTERA' PARK - accepted the work performed by M. Wilson Co. Contractors Inc.,. directed the City Clerk to file the Notice of Completion and release any retention amounts thirty-five days after the recordation date: 6.7 ADOPTED RESOLUTION NO. 2000-56: A RESOLUTION OF THE CITY OF DIAMOND 'BAR, REQUESTING THE LOS ANGELES COUNTY SEWER MAINTENANCE DISTRICT TO 'ACCEPT THE TRANSFER AND CONVEYANCE OF SANITARY SEWER PRIVATE CONTRACT NO. DB 95-.001 AND SEWER LIFT STATION FOR TRACT 51169 LOCATED IN THE COUNTRY, DIAMOND BAR, FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT. 6.8 APPROVED PROCLAMATION ANNOUNCING MARCH 9, 2001 AS ARBOR DAY IN THE CITY OF DIAMOND BAR IN CONJUNCTION WITH THE TREE CITY USA APPLICATION - The National Arbor Day Foundation, in cooperation with the U. S. Forest Service and the National Association of State Foresters, recognizes towns and cities across America that meet the standards of the Tree City USA program signifying March 9, 2001 as Arbor Day in the City of D.B. 6.9 RESCHEDULED THE PUBLIC HEARING TO ADOPT A RESOLUTION ESTABLISHING ANIMAL CONTROL, SHELTER.AND LICENSING FEES TO DECEMBER 19, 2000 - re -scheduled the Public Hearing to adopt a new fee schedule as recommended by IVHS to December 19, 2000. PUBLIC HEARING: None DECEMBER 5, 2000 PAGE 5 CITY COUNCIL 8. OLD BUSINESS: None 9. NEW BUSINESS: 9.1 RESOLUTION NO. 2000-57: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO SUPPORT A REGIONAL AIRPORT PLAN FOR SOUTHERN CALIFORNIA - The L.A. Department of Airports has recently initiated a revision, LAX would expand its passenger activity from 60million to 92 million per year, while increasing cargo activity from 1.8 million tons to 4.2 million tons annually. The resulting additions and modifications to the airport will come at a cost of approximately $12 billion and will add excessive noise and air pollution to the surrounding communities. Sincemost of the population growth over the next 20 years in Southern California will occur in communities out near the Inland Empire, there is 'an immediate need to develop a Regional Airport Plan which better utilizes the other airports under the control of the L.A. Department of Airports, such as Ontario International and Palmdale. The City of El Segundo, along with a coalition of over- 95 cities, counties, 7transportation agencies and other entities, have already voiced their support for the Regional Airport Plan alternative. C/Ansari explained that last meeting's presentation by Mayor Gordon of El Segundo was made at her request. C/O'Connor moved, C/Ansari seconded, to adopt Resolution No. 2000-57 supporting a Regional Airport Plan for Southern California. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/ , Herrera, WHuff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 9.2 CONTRACT AUTHORIZATION FOR &GOVERNMENT TECHNOLOGY SERVICES - In support of Council's goal of expanding and enhancing service to residents, staff has been actively engaged in research and planning activities concerning the area of "e - government." Generally, e -government is defined as an overall strategy and process for communicating, interacting and serving our community in the digital age. Earlier this year, as part of the preparation process, the City's executive staff formed an intra d ivisi onal, technology team whose primary objective was to select a qualified e -government consultant to assist the City in developing an overall technology plan for e-government.After a lengthy selection DECEMBER 5, 2000 PAGE 6 CITY COUNCIL process, it was determined that the Civic Resource Group would be able to offer the highest level of service, and generate the most value for the City's investment. Civic Resource Group will provide the City with a comprehensive assessment of its technology infrastructure; a department/diviision'readiness evaluation; independent assessment of available systems that may be used to facilitate e -government activities produce a distinctive e -government technology plan; and assist the City with the successful implementation of an initial e- government project: Brian Reese, CGA, .presented an overview of the proposal for an E - Government Strategic. Plan. Following discussion, C/O'Connor moved, C/Chang seconded, to approve an agreement with Civic Resource Group for e -government technology services in an amount not to exceed $85,575, and, as such, authorize the appropriation ,of $25,575 from General Fund reserves in support of the total expenditure. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS - None 9.3 RESOLUTION NO. 2000-58: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMONDBAR TO REQUEST THAT THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY INCLUDE THE 710 FREEWAY COMPLETION IN THE 2000 LONG RANGE PLAN UPDATE - For the past 35 years, the 710 freeway has played an important role in allowing motorists and commerce to flow back and forth across all of Southern California. However, due to past and current litigation, the 710 freeway was never constructed between Interstate 10 and the 210 freeways and thus has a 4.5 -mile "gap" which is composed of city streets. Although 'the project has been approved by the federal government, adopted by the California Department of Transportation (CalTrans) and included in the Southern California Association of Governments' 1998 Regional Transportation Plan, the L.A. County Metropolitan Transportation Authority (LACMTA) has decided to exclude the project from its 2000 long Range Transportation Plan (LRTP) and cities pending litigation as the key deterrent to inclusion. In order to garner support for the project, the City of Monterey Park is asking other municipalities in Southern California to join in their efforts to have LACMTA place the''710 project into the 2000 LRTP by DECEMBER 5, 2000 PAGE 7 CITY COUNCIL adopting resolutions of support. C/Ansari moved, M/Huff seconded, to adopt Resolution No. 2000-58 supporting completion of the 710 Freeway and inclusion of the project into the L. A. Metropolitan Transportation Authority's Long-range Transportation Plan for 2000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/ Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT COUNCIL MEMBERS - None RECESS TO REDEVELOPMENT AGENCY M/Huff recessed the City Council Meeting at 8:55 p.m. RECONVENE CITY COUNCIL MEETING: M/Huff reconvened the City Council Meeting at 9:04 p.m. 10. SUBCOMMITTEE REPORTS AND COUNCIL MEMBER COMMENTS: MPT/Herrera reiterated that she has great respect for her Council Members. She attendedthe State Department' of Developmental Services' Restructuring Committee on November 27 and indicated she would present her report at the next Council Meeting. She wished her husband, Arthur, a happy birthday. C/Ansari thanked her supporters. She has enjoyed serving the public during the past seven years. She recommended that the Mayor either be elected by a vote of the people or that the City incorporate a process by which it selects its mayor. She presented an ordinance from the City of West Covina. She spoke about the role of the Tonner Canyon issue as it relates to tonight's events regarding the matter of selection of the City's mayor. Last week she served as a panelist on the Regional Water Board Meeting. She congratulated the Friends of the Diamond Bar Library on their anniversary and donation of $25,000 for book purchases. C/Chang congratulated Mayor Huff and Mayor Pro Tem Herrera on their appointments. He spoke about tonight's reorganization process and about the Friends of the Library meeting he attended today. He recently attended an evening banquet hosted by Cal Poly Pomona's Management and Hospitality School named after James Collins,, owner of the Sizzler Restaurant. During the ceremony, Mrs. Julia Child was presented an award by Robert Mondavi Winery. The event raised about $420,000 for the school. During the event, he procured Mrs. Child's signature on a menu, along with the signatures of chefs from various parts of the world. He presented the DECEMBER 5, 2000 PAGE 8 CITY COUNCIL autographed menu to the City. C/O'Connor stated that she attended the November 23 Sanitation District meeting wherein a salary increase for the directors was approved. On November 30, she attended the City' s12t" Anniversary Committee meeting and the Finance Committee meeting, and she and Chair/Huff participated in the D.B.H.S. Pathways Academy Mentor program. Also on November' 30, Council met with the City's architect to finalize design ideas following the community meeting. She reported on a WCCA teleconferencing meeting in which she participated on Thursday. The purpose of the emergency meeting was to initiate litigation against the City of Industry Urban Development Agency concerning their purchase of the Boy Scout property. On December 1, she attended the D.B.H.S. CIF semi-final. On December 2, she participated in the Advanced Sheriff's Training in Monterey Park. On December 4, she, C/Chang and Mayor Huff attended Supervisor Knabe's oath of office ceremonies. This afternoon members of the Diamond Bar Community Foundation met with the City's Attorney to discuss its ties with the City. She spoke about tonight's selection of the mayor. Her decisions are not, nor have they ever been, politically based. Her choices are made according to what she believes is best for the community: She asked residents to remember to honor families of soldiers who lost their lives during the Pearl Harbor conflict, Chair/Huff said that with respect to the selection of mayor, D.B. has a tradition of appointing the highest vote getter as mayor, and the second highest vote getter as mayor pro tem. He cautioned against adopting West Covina's ordinance. He reported that Al Rumpilla is recovering nicely following quadruple bypass surgery. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned the meeting at 9:37 p.m. LYNDA BURGESS, City Clerk ATTEST: ROBERTS. HUFF, Mayor OCTOBER 24, 2000 PAGE 3 PLANNING COMMISSION OCTOBER 24, 2000 PAGE 4 PLANNING COMMISSION landscape has been disturbed and cannot be replaced and in reality, the City is forced to move forward with this consideration. The applicant may believe that it was done appropriately but the applicant needs to understand that if the project is to proceed they will have to comply with the City's Codes and environmental laws. Chair/Nelson re -opened the public hearing. Surinder Bhogal, ;property owner, explained that in order to complete his project he needed fill which, was offered to him free of charge by a third party. He felt that he needed to take advantage of the situation and pulled permits from the City. The photographs presented by Ms. McGinnis depict a cut at the front of the property which allowed trucks access to the property for purposes of stockpiling the flirt. No grading operations have begun. Ms. McGinnis stated that when she spoke with the gentleman who was doing, the bulldozing he indicated to her that he was under the impression that the applicant had a grading permit. She believes that if the project proceeds according to the City' Codes, it should work. However, the property owner is taking short cuts. Chair/Nelson closed the public hearing. VC/Zirbes said that while he shares Ms. McGinnis' concerns about how projects are completed, he is very confident that the City's staff will monitor the situation and make certain that the applicant complies. He proposed that Condition (h)' on page 11 be modified to the following: That the five trees that were removed prior to the applicant obtaining a permit be replaced with 24 inch box trees at a 6:1 ratio; and 24 inch box size at "a 3:.1 ratio for the remaining trees for a total amount of 48 trees; and the replacement mitigation shall be in the form of a donation to the City's Tree Replacement Fund — the donation shall include the cost of the replacement trees in a 24 inch box size at $145 each, planting cost at $296 each, and tree maintenance costs at $120 per tree per year for five years. Placement of trees on the applicant's property will be done under the supervision of the Arborist and will be subject to the City's monitoring program for five (5) years. VC/Zirbes moved, C/Ruzicka seconded, to approve. Development Review No. 2000-11, Tree Permit No. 2000-03, Minor Conditional Use Permit No. 2000-06, and Minor Variance No. 2000-06. C/Kuo asked that the motion be amended to direct staff to verify the 40 pound balcony live load indicated in Condition (u) on Page 13.' The maker of the motion and the seconder agreed to the amendment. Motion approved by the following Roll Call vote: OCTOBER 24, 2000 PAGE`5 PLANNING COMMISSION AYES: COMMISSIONERS: Kuo,;Ruzicka, Tye, VC/Zirbes, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2000-16, Minor Conditional Use Permit No 2000-15. Minor Variance No. 2000-17 (pursuant to ,Code Sections 22.48.020° (A)(1), 22.56.020 and 22.52.020 (B)) is a request to construct an approximately 12,340 square foottwo-story single-family residence with two garages for five cars, pool/spa, gazebo, and tennis court. A Minor Conditional use Permit is required to process the circular driveway. The Minor Variance is a request to decrease the rear yard setback by 20 percent. PROJECT ADDRESS: 2521 Braided Mane Drive Diamond Bar, CA 91765 PROPERTY OWNERS: Ton -Dei Chiu 1432 E..Peppertree Drive La Habra Heights, CA 90631 APPLICANT: Tein Wang `801 S Garfield Avenue Alhambra, CA 91801 DSA/Smith presented staff's report.. Staff recommends that the Planning Commission approve Development Review No. 2000-19, Findings of Fact, and conditions of approval, as listed within the resolution. Tein Wang, project architect, explained how the project plans were drawn under the previous City Code and why the applicant is requesting a minor variance. Chair/Nelson opened the public hearing. There being no one who wished to speak on this matter, Chair/Nelson closed the public hearing. VC/Zirbes moved, C/Ruzicka seconded, to approve Development Review No. 2000-16, Minor Conditional Use Permit No. 2000-15 Minor Variance No. 2000-17, Findings of Fact, and conditions of approval, as listed within the resolution. Motion carried by the following Roll Call vote: DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TOi Chairman Chang and Board of Directors FROM: Linda G. Magnuson, Finance Director SUBJECT: Voucher Register, December 21, 1999 DATE: December 15, 1999 Attached is the Voucher Register, dated December 21, 1999 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is received Please review and sign the attached CITY OF DIAMOND BAR VOUCHER '`REGISTER APPROVAL The attached listing of vouchers dated .December 19, 2000 ;have been reviewed, approved, and recommended' for payment. Payments are hereby, 'allowed from the following funds in these amounts. FUND DESCRIPTION- PREPAID VOUCHERS TOTAL 001, GENERAL FUND 136,050: tel(} 1 � � , C137 . ��1 295,088.50 112 PROP A'- 'TRANSIT -FUND 65,361.96 65,361.96 115 INTEGRATED WASTE MGT" FUND .00. 2,237.50 2,237.50 , 125 COM DEV BLKI GRANT FUND .00 3,624.50 W,624.50 126 CITIZENS OPT-PUBLIC SFTY, 130.41 1,839.99 1,973.44 138 L LAD ##38 FUND .00 6,689.60 6, 689.60 139 LLAD ##"391 FUND 6, 961 _00 6,961.00 250 CAPITAL IMPROV/PROD FUND .00 1931879.79 193,87+.79 REPORT FOR ALL FUNDS. 575,821.25 136,189.31 ;: 439,631.94 APPROVED BY Linda G. Ma nuson _ Carol Herrera Finance Director Mayor Pro Tent Ees DeSt fano Deborah H. O'Connor Interim Ci y Manager Council member CITY OF DIAMOND BAR RUM DATE' 1211412000 10'.50:36 VDXHER REGISTER PAGE: 1 DUE THRU. 12119/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT'' PO # INVOICE DESCRIPTION AMOUNT DATE CHECK 3CMA 0014095-42315-- ANNUAL MEMBERSHIP 615.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS '' 615.00 , TOTAL DUE VENDOR 615.00 LEDOVENA ABA046A 001-23002-- 51220 REFUND PK DEP-HERITAGE 200.00 001-36600-- 51220 RET CK CM -15.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 185.00 TOTAL DUE VENDOR 185.00 ADVANCED COURIER CONCEPT INC 0014090-42121-- 4212 COURIER SVCS-PLNN DEPT 43.20 TOTAL PREPAIDS .00 - TOTAL VOUCHERS 43.20 TOTAL DUE VENDOR : 43.20 AEP 0015210-42315-- - JAN 01 MEMBRSHP DUES-DESTEFANO ' 100.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 100.00 TOTAL DUE VENDOR 100.00 WAY.' SIGN GRAPHICS ITEC 0014WO-41200-- 10177 7869 SUPPLIES - NAME PLATES 50.22 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.22 TOTAL DUE VENDOR 50.22 CHRISTINE Alda: ANGELI 0415350-45'60-- 10111 CONTRACT CLASS -FALL 72.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 72.40 TOTAL DUE VENDOR 72.00 ARMENTROUT CONSULTANTS 0014440-44040-- 10291 NOV 00 EMER PREP SVCS -`NOV 00; 812.50` 0014440-41200-- NOV 00 SUPPLIES - EMER PREP 80.00 TOTAL PREPAIDS .00 TOTAL VOUMERS 842.50 TOTAL DUE VENDOR' 842,50` ARROW TRAILER & SUPPLIES 0014444-44.250-- 10589 4943 INSTALL RACK-EOC UNIT 244.65 0014440-42200-- 10589 4993 MAINT-EOC UNIT 1,854.61 0014440-42300-- 4995 TRAILER REPAIR-EOC 180.00 TOTAL PREPAMS .00 TOTAL. VOUCHERS 2,279.26 TOTAL ME VENDOR 2,279.26 CITY OF DIAMOND BAR R DALE 12/14/2000 10.50:36 VOUCHER REGISTER PAGE: 2 DIS THRU. 12/1912000 PREPAID` FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMf W DATE CHECK AT&T 0014090-42325-- LONG DIST CHARGES 20.55 0014090-42325-- LONG DIST CHARGES 34.95 0014090-42325-- LONG DIST CHARGES 17.86 1264411-42125-- PH CHARGES - SHERIFF 25.93 TOTAL PREPAIDS .00 TOTAL VOUCHERS ' 104. 1.19 TOTAL DUE VENDOR 104.29 AT&T WIRELESS 0014040-42125-- CELL CHARGES -`GENERAL 147.57 0014030-42125-- CELL CHARGES - C'MANAGER 29.67 0014415.42125-- CELL CHARGES - V/PATROL 63.19 1264411-42125-- CELL CHARGES - SHERIFF 26.10 TOTAL PREPAIDS .00 TOTAL VOUCHERS. 266.53 - TOTAL DUE VENOM 266.53 ELOISE BAUGH 001-34730-- 38630 RECREATION REFUND 23.00 401-34720-- - "38634 RECREATION REFUND -5.04 TOTAL PREPAIDS .00 TOTAL VOUCHERS 18.00 TOTAL DUE VENOM 18.00 HILL`S LOCA. AND SAFE 0015319-42210-- 30952 SUPPLIES -PETERSON LOCKS 15.09 TOTAL PREPAIDS .00 TOT& VOUCHERS 15.09 TOTAL DUE VENDOR 15.09 BNI BUILDING NEWS ; 0015310-42320-- 10600 25904 BN1 2001 HANDBOOK-T/CNTRL 13.90 0015510-42320-- 10600 25904 BNT 2001 HANDBOOK-GRNBOO: 47.95 TOTAL PREPAIDS .00 TOTAL V5 61.85 TOTAL DUE VENDOR 61.:85 CITY OF DIAMOND BAR ,RUN DATA: 12/1412000 10:50:36 VAR REGISTER PAGE; 3 IRE THEM: 12119/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT' DATE CHECK BOISE CASCADE OFFICE PRODUCTS r• 0014030-41204-- P010408 SUPPLIES - CITY M#INAGER 40.01 0015356-41200=- PO 10408 SUPPLIES - RECREATION 4.47 0014090-41200-- PO 10408 SUPPLIES - ORAL 74.00 0014095-41200-- PO 10408. SUPPLIES - COM. & M 'T 30.82 0014090-41200-- 10654 342595 SUPPLIES -COPY PAPER 489.29 0014050-41200-- PO 10408 SUPPLIES - FINAIE 16.13 0014030-41204-- PO 10406 - 'SUPPLIES.- CITY MANAGER . 140.66 0015,,"50-41200-- PO 10408 SUPPLIES - RECREATION 11.05 0014090-41200-- PO 10406 SUPPLIES ,- GENERAL 100.58 0014040-41200-- PO 10408 SUPPLIES - CITY CLERK 102.63 0014050-41200-- PO 1040E SUPPLIES - FINALE 26.96 0014040-41200-- PO 10408 SUPPLIES - CITY CLERK 77.62 0014090-41200-- PO 10408 SUPPLIES - GENERAL 4.65 0014090-41200-- PO 10408 SUPPLIES - GENERAL 36.15 0014090-41200-- PO 10408 SUPPLIES - G mERAL -11.50 0015510-41200-- PO 1m SUPPLIES - PUBLIC WORKS 47.64 0014040-41200-- PO 10408 SUPPLIES - CITY CLERK 34.71 0014MO-41200-- Pt 10408 SUPPLIES - CITY MANAGER 31.9 0014030-41200-- PO 10408 SUPPLIES - CITY MMGER 5.46 `TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,263.74 TOTAL DUE VENOM 1,263.74 MICHAEL BR* MAN ASSOCIATES INC 001-23010-- 36463 PROF.SVCS'- FPL 93-06 3;430.61 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,430.61` TOTAL DUE VENDOR 3,430.61 CHUCK MP, IETT 001-23002-- 51336 REFUND PK DEP-HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL HE VENDOR 200.00 VALERIE BUSTILLOS 001-2:3002-- 51337 REFUND PK DEP-REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50;00 TDTAL DUE keOR 50.00 CCCA 0014010-42330-- LEGISLATV TOUR-HUFF,OCNNEt 400.00 00141CM-42330-- LEGISLATV'T-DESTEFAND 200.00: TOTAL PREPAIDS .00 TOTAL VOUCHERS 600.00 TOTAL DUE VENDOR. 600.00 CITY OF DIAMOND BAR RUN DATE! 12/14/2000 10'.50.-36 VOUCHER REGISTER PAGE: 4 DUE THRU• 12/19/2000 PREPAID' FUND/SECT-ACCT-PROJECT-AMT PG # INVOICE DESCRIPTION AKW DATE CHECK CHARLES ABBOTT ASSOCIATES INC 0015551-45223-- I0523 7592 PROF.SVCS - PLAN CHECK 439,25 0015551-45223-- 10566 7591 PROF.SVCS - PLAN CHECK 475.77 001-23012-- 7592 PROF.SVCS - EN 96-151 165,75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,130.77 TOTAL DUE VENDOR 1,130.77 CHARLIES SANNICH SHOPPE 0014390-42325-- 12/4/00 MTG SUPPLS-4 CRNRS 12/4 145.60 TOTAL PREPAIDS .00 TOTAL VUJCHERS 145.60 TOTAL DLE VENDOR= 145.60 BARBARA CHIN 001-23002-- 51334 REFUND PK DEP-REAGAN 50,00 - TOTAL PREPAIDS .04 TOTAL VOUCHERS 50.00 TOTAL DUE VENOM( 50.00 CINTAS CORPORATION -` 0015310-42130-- 10034 1503453386 UNFRM RNTL-CIS WK 11/20 18.06 0015310-42134-- 10034 154347233 U4FRM RNTL-C/S W 11/27; 13.06 0015310-42130-- 10034 150349196 UNFRM RNTL-C/S WK 12/04 18.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 54.18 TOTAL DUE VENDOR 54.18 CITY OF PICOi'RIVERA 000 354-45305-- C CONCERT MTG-CREWS 12.00 TOTAL PREPAIDS .00 TOTAL VMERS 12.00 TOTAL DUE VENDOR 12.00 COMMERCE CITY MAINTENANCE (ANY 04153/8-42210-- 10678 74917 MAINT - PANTERA- 75.00 0415314-47210-- 10678 74917 MAINT - HERITAGE 820.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 895.00 TOTAL DUE VENDOR 895,00 CONRAD °& ASSOOCIATES 0014CF50-44010-- A10166 3470 PROF.SVGS-AUDITING 2,000.00 TOTAL PREPAIDS -,00 TOTAL VOUCHERS 2,000.00 TOTAL DUE VENDOR 2,000.00 CONVERSE CONSULTANTS WEST 2135310-46415-IMB-46415 9228 33513; LANDSLIDE REPAIR-SYC CYN Zn.53 TOTAL PREPAIDS .00 TOTAL VOUCHERS 223.53 TOTAL DIE VENOM 2r,53 CITY OF DIAMOND BAR RUI1 ItRiE: 12/14/2000 10:50:36 VOUCHER REGISTER PAGE,. 5 DUE THRU: 12/19/2000 PREPAID FUND/SECT-ACCT-PRO;,CT-ACCT PD`>4 INVOICE DESCRIPTION AMDUNT DATE ' CHECK COTTON BELAND ASSOCIATES 0015210-44250-- 9859 6736 PROF. SVCS -HOUSING ELEKTS 5,148.50 TOTAL PREPAIDS .44 TOTAL VOUCHERS 5,146,50 TOTAL DIE VENDOR 5,148,50 CPRS 0015350-42325-- CPRS MTG-CREWS,DI]NN,SMNIi 40.40 12/19/2000 46613 0015350-42?15-- PIMBRSHP FEES -CREWS 140,00 0015350-42315-- WflBRSNP FEES-OLIVAS 140.00 TOTAL MAIDS 40.40 TOTAL VOUCHERS 2$0:00 TOTAL DUE VENDOR 320.00 CSMFO 0014050-44000-- REVIEW FEE-CAFR AWARD PRG 25400 12/19/2000 46609 - TOTAL PREPAIDS 25.00 TOTAL VOUCHERS .Q0 TOTAL DUE VENDOR 25.00 DU ENGINEERING 001=z30i0-- DOPLNG-003 PROF.SVCS - FPL 00-34 90.00 001-12010-- OOMM-003 PROF.SVCS - FPL 00-37 90.00 2505310-46415-15199--46415 10477 00-02 PROF.SVCS-INSPCTN-PANTERA . 4,420.00 001-23010-- OOPLNG-003 PROF.SVCS - FPL 00-39 90.00 001-23010-- OOPLNB-003 PROF.SVCS - FPL 00-40 90.04 001-223010-- OOPLNO-003 PROF.SVCS - FPL 00-36 90.00 001-23010-- OMM-003 PROF.SVCG - FPL 00-20 - 90.00 001-23010-- D PLNO-003 PROF. SVCS - FPL 00-10 90.00 001-23010-- DOPLNG-003 PROF.SVCS - FPL 00-44 90.00 001-23010--O I.NGOv PROF.SVCS - FPL 00-38 90.00 001-23010-- OOPLNG-003 PROF.SVCS - FPL 00-22 90.00 001-23310-- ODFLNG-003 PROF.SVCS -FPL ti0-U8 90.00 001-23010-- OOPLNG-003 PROF.SVCS - FPL 00-03 90.00 001-23010-- DOPLNG-00.3 PROF.SVCS - FPL 99-47 90.00 001-23010-- COPLNG-003 PROF.SVCS - FPL 00-19 90.00 001-23010-- MPLNG-003 PROF.SVCS - FPL 00-06 90.00 TOTAL PREPAIDS ,04 TOTAL VOUCHERS 5,770.00 TOTAL DUE VENDOR 5,770.00 DAVID T WASDEN INC 2505510-46411-11298-46411 10064 1201 PROF.SVCS-CHINOOK/BALLENA 9,805.37 2505510-46411-12298-46411 10064 1198 PR9F.SVCS-CHINOOK/BA-LjR 8,668.91 2505510-46411-12298-46411 10064 1210 PROF.SVCS-CHINOOK/BALLENA 810.04` 1505':510-46411-12298-45411 10064 1202 PROF.SVCS-CHINOOK/BALLENA 5,733.00 2505510-46411-12298-46411 10064 1206 PROF.SVCS-CHINOOK/BALLENA 23,294.72 TOTAL PREPAID5 .00 TOTAL VOUCHERS 48,312.00 TOTAL DUE VENDS 48,312,00 CITY OF DIAMOND BAR RUN DATE: 12/1412000'10*0:36 VOUCHER REGISTER PAGE; 6 DUE THRU: 12719/2000 PREPAID FUND/SECT-ACCT-PRDJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DAY & KITE COPY CENTER �1535Q-42114-- 'PRINT SVCS - TINY TOTS 16.40 0015350-41200-- PRINT SVCS-REC EVALATN,CD 40.09 0015210-42110-- 10212 90586 PRINT SVCS -HOUSING ELEMTS 129.68 TOTAL PREPAIDS .00 TOTAL VOUCHERS 188.13 TOTAL DUE VENDOR 188.18 DELTA CARE PMI 001-21104-- PP23-24 DEC -DENTAL PREMIUMS 280.68 12/19/2000 466.3 TOTAL PREPAID 280.68 TOTAL VOUCHERS .00 TOTAL DUE VENDOR a ' 280.6$ DELTA DENTAL 0015510-40070-- PP23-24 DEC -DENTAL PREMIUMS 31.64 12}19}2000 46618 0015510-40094-- - PP23-24 'DEC -DENTAL PREMIUMS 23.56 12/19/2000 "46618 ' 001-21104-- PP23-24 DEC -DENTAL PREMIUMS 1,565.72 12119/2000 '46618 001403,0-40074-- PP23-24 ' DEC -DENTAL PREMIUMS 31:64 I2}1912400 '4661$ TOTAL PREPAIDS 1,672.56 - TECTAL VOUCHERS .00 TOTAL DUE VENDOR 1,672.56 CAROL DENNIS 0015210-4400t?-- 10293 PC&AR1114 PROF.SVC5-PLNN COMM 11/14 300.00 0015210-44000-- 10293 PC&AP1024 PROF.SX'CS-PC/AR 10/24 140.00 0015210-44000-- 1Q293 PC&AR1010 PPOF.SVCS-PLNN COMM 10/16 280.00 0015553-44000-- A10191 T91109 PROF.SVCS-AT MM 11/9 ' 80.00 0015210-44000-- 10293 PC&AR1141 PROF.SVCS-ADMIN;RVW 11/1' 20.0o,- 00155%,0-44000-- 10293 T&T1109 PROF.SVCS-T&T MTG 11/9 80.E 0014040-44000-- 10293 DBCC1121 PRDF.SVCS-CC/RDA 11/21 240.00 0014030-44000-- lOMj ILAC1030 ` PROF.SVCS-LANTERMAN 12t1.0U 0014030-44000-- 10293 LTH0914 PROF.SVCS-LANTERMAN PRD! 160.00 TOTAL PREPAI,DS .00 TOTAL VOUCHERS 1,424.00 TOTAL DUE VENDOR 1,420.00 JAMES. DESTEFAND 0014430-42330-- REIMB-GONSALVES NTS 67.00 0014030-4-1n, -- fEIMB-SCAG MTGS . 6.00 0415210-42325-- REIMB-STAFF MTGS 85.67 TOTAL PREPAIDS .00 TOTAL VOUCHERS 15$.67 TOTAL DUE VENDOR 158.67 DEKAN LUNDIN & ASSOCIATES 2505510-46411-1 -46411 10063 OB -026-3 PROF.SVCS-INSPECTION 1,782.00 TOTAL PREPAIDS .00' TOTAL VOUCHERS 1,782.40 TOTAL ME :VENDOR 1,782.00` CITY ;OF DIAMOND BAR RUN DATE! 12/14/2000 10.50.36 VOUCEER REGISTER : 7 DUE THH11: 12/19/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE , CHECK DIAMOND BAR COUNTRY CLUB 0014090-42325-- 10556 HOLIDAY PARTY -1-2/13/00 6,350.60,12/19/2000 46617 TOTAL PREPAIDS"' 6,' 50.60 TOTAL VOUCHERS .00 TOTAL DUE VENOM6,350,60 DIAMOND BAR IMPROVEMENT ASSOCIATION 0014095-42115-- 10282 3549 ADS-HLDY RIDE:TREE RECYCL 880.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 880:00 TOTAL DUE VENDOR 860.00 DIAMOND BAR INTERNATIONAL DELI 0014090-42325-- MTS SUPPLS-COMM FNDTN 56.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS %.25 - TOTAL DUE VENDOR 56.25 DIAMOND BAR MOBIL 0014090-42314-- NOV 00 FUEL -GENERAL 191.22 0015310-42314-- -NOV 00 FUEL - COMM. SVCS: 175.48 0014030-42310-- NOV 00 FUEL - C`MOR 36.f9 TOTAL PREPAIDS .00 TOTAL VOUCHERS 402.89 TOTAL. DUE VENOM 402,89 DIAMOND BAR SENIOR CITIZENS CLUB 0014030-42325-- MTO-DESTEFAND 15,00 12/19/2000 46616 0014010-42325-- MTG-HUFF,ANSR,CHNG,DCNNR 60.00 12/19!2000 46616 TOTAL PREPAIDS 75.E TOTAL VOUCHERS 00 TOTAL DUE VENOM 75.00 DIAMOND BAR/WALNUT YMCA 125;215-4235.5-- 10213 OCT 00 COW PRGM-AFTER SCHL. OCT 2,387.00' "TOTAL PPAIDS .00 TOTAL VOUCHERS 2,367.40 TOTAL DUE°VENDOR, 2,387.00 DIA.MA CHH � ASSOCIATES 1255215-44000-- 1024:3 PROF.SVCS-CDBG CONSULTANT 1,237.50 TOTAL PREPAIDS .00 TOTAL VOL ERS 1,237.50 TOTAL DUE VENDOR ' 1,237.50 DIVERSIFIED FAPATRANSIT INC 1125553-45529-- 10363 12/5700 DIAMOND RIDE -10/16-10/31 18,778.14 1125 53-45525-- 10363 12/5100 DIAMOND RIDE -10101-10/15 853.82 TOTAL PREPAIDS"", .00 TOTAL VOUCHERS 1-9,631.96 TOTAL ME VENDOR 19,631.96- CITY OF DIAMOND BAR RUN DATE; 12114/2004 10:50:36 VOUCHER REGISTER PAS: $ DUE Tk9U: 12/19/2640 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO i INVOICE DESCRIPTION AMOUNT DATE CHECK DIVISION OF THE STATE ARCHITECT 0015315-44004-- 14527., 329$ PROF.SVCS-INSPECTION 950.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1 950.07 TOTAL ME VEM R 950,47 DOG DEALERS, INC 0015,n, 0-45300-- CONTRACT CLASS -SUMMER 11.00 TOTAL PREPAIDS - .00 TOTAL VOUCHERS 11.44 TOTAL DUE VEND} 11.04 FEDERAL EXPRESS a 0014090-42120-- 50741W EXPRESS MAIL -GENERA.. 73.59 0014090-42120-- 563763900 EXPRESS MAIL -GENERAL 29.73 TOTAL PREPAIDS ta4 - TOTAL %MHERS143.32 TOTAL DUE VENDER 103132 WEN FENSTERMAKER 0015350-45300-- - CONTRACT :CLASS -FALL 351.06 TOTAL PREPAIDS .40 TOTAL VOUCHERS 351,04 TOTAL DUE VENDOR' 351.66 FIRST CHOICE COFFEE SERVICE 001400-42130-- 10521 54$$32 SUPPLIES -COFFEE JAN 00 17.95 TOTAL PREPAIDS X44 10TAL VOUCHERS 17,95 TOTAL DUE VENDOR 17.95 SRAFFITI CONTROL SYSTEMS 0015555-45520-- 10228 DB11/00 GRAFFITI Oft _ MY 00 2,330.00 TOTAL PREPAIDS ,04 TOTAL VOUCHERS 2,330.00 :TOTAL IRS VENDOR 2,330.00 GRAINGER 4015318-42210-- 4446507949 SUPPLIES-PANTERA 33,g3 4015313-42210-- 4446501969 %, MIES-HERITAGE 33.91 TOTAL PREPAIDS .04 TOTAL VOUCHERS 67.82 TOTAL DUE MOM : 67.82 JESSICA HALL 0015350-45300-- 10221 CONTRACT GLASS -FALL 36.00: TOTAL PREPAIDS .40 TOTAL VOUCHERS 36.00: TOTAL DUE VENDER 36.00 " CAROL>HERRERA 0014010-423:30-- REIMB- MTC, 11126`, 15.13 TOTAL PREPAIDS .44 TOTAL VOUCHERS 15.13 TOTAL DUE _ VENM 15.13 " CITY OF DIAt1t#dD BAR RUN DATE: 12114/2000 10:50:36 VOUCHER REGISTER PACE: 9 DUE THRU: 1211912000' PREPAID FUND%SECT—ACCT-PRDsIECT—ACCT PO '# INVOICE DESCRIPTION AMOUNT DATE CHECK HULS ENVIRONMENTAL MANAGEMENT, LLC 1155515-45500-- 10464 SWIO-00 PROF SVCS—SDLID HASTE 1,887.50 0015510-44244-- 14464 NPBESIO-00 PROF SVCS—NPDES 1,475.00 TOTAL PREPAIDS ,D0 TOTAL VOUCHERS TOTAL DUE VENDOR 3,362.50 ICMA RETIREMENT TRUST -457 001-21105-- PP23-24 DEC—PAYROLL DEDUCTIONS 3,678.34 12119{2000 46624 001-21108-- PP23-24 : DEC—CONTRIB—ALL DEPTS 17,795.21 1211/12000 46624 TOTAL PREPAIDS ' 21,473.55 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 4121,473.55 INLAND EMPIRE STAGES 1125360-45310-- 10571 111500 ADULT EXCRSN—TRANSPORTATN 480.00 0015,0-45310-- 1057.1 - 111500 ADULT EXGRSN—NETHERCUTT 652.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,132.50 TOTAL DUE VENDOR 1,132.50 INLAND VALLEY DAILY BULLETIN 0014040-42.115-- 10346 101898 LEGAL AD-NEXTEL COMM 77.90 001404042115-- 10346 119862 LEGAL AD-HOUSING'ELEMT 367.65 001-23010-- LEGAL AD -FPL 00-28 134.94 001-23010-- LEGAL AD -FPL 00-44 148.20 001 -23010 -- LEGAL AD -FPL 00-24 110.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 838.85 TOTAL DUE VENDOR 838.05 INLAND VALLEY HUMANE SOCIETY 0014431-45403-- 10664 JULY—DEC 00 ANIMAL CNTRL—,JULY—DEC 00 32,622.00 TOTAL PPEPAIDS .00 TOTAL VOUCHERS 32,622.00 TOTAL DHS VENDOR' 32,622.60 INT'L`COUNCIL OF SHOPPING CENTERS 0014010-42315-- MEMBRSHP' DUES—W CHANG 5D.00 0014010-42315-- MEMBRSHiP DUES—D OCLNNOR 50.00 TOTAL PREPAIDS .00 TOTAL VDUCH•HERS 100.00 TOTAL DUE VENDOR '< 100.00 KATHY`IREI 001-2 f-- 51126 REFUND PK DEP—HERITAGE '200.00 TOTAL PREPRIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00' IRPHN-GATEWAY 0014090-42140-- 10176 JAN 00 LEASE -SUITES 100&190 JAN 19,465.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 19,465.70 TOTAL DUE- :VENDOR 19,465.70 CITY.OF DIAMOND BAR RUN DATE: 12/14/2004 10:50:36 VOUCHER REGISTER PARE: 10 DUE THRUt 12119/200 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE' DESCRIPTION APY){AtT PREPAID DATECHECK JACK ISTIK , 0015553-44100-- T & T CON14.-9119,28/1119 135.00 TOTAL'PREPAIDS .00 TOTAL VOUCHERS 135.06 TOTAL DUE VENDOR 135.00 JOS AVAILABLE 0014090-42115-- 10253 23037 JOS ADVRTSND-P/W SPRVSR 128.E TOTAL PREPAIDS .04 TOTAL VOUCHERS 128.04 TOTAL DUE VENDOR 128.04 JASWINDER KAUR 001-34740-- 39784 RECREATIDN REFUND 59.04 TOTAL PREPAIDS .Q0 TOTAL VOUCHERS :' 5'x:04 - TOTAL DUE VENDOR 59.00 JOE KUNG 0015553-44100-- T'& T COMM. -9/19,28/11/9 135.00 IDTAL PREPAIDS .00 TOTAL VOUCHERS 135.00 TOTAL DUE VENDOR 135.00 GEORGE KUO 0015210-44100-- PLNN COMM -10/10,10/24 130.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 130.00, TOTAL DUEVENDOR130.04 ANGEL:Y KWAN 0015350-45300-- 10414 CONTRACT GLASS -FALL 174.0 '1211912000 46615 TOTAL PREPAIDS 174.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 174.00 PAMELA LEE 001-2 2-- 51191 REFUND PK DEP-HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 , TOTAL DUE VENDOR 200.00 LEIGHTON & ASSOCIATES, INC 001-23012-- 9930/9784 PROF.SVCS - EN 00-254 105.78 041-23012-- 9930/9780 PRDF.SVCS - EN 00-265- 945.00 001-23012-- 9930/9780 PRIG .SVCS - EN 00-2S4 427.50' 001-2::012-- 9930/9780 PROF -SVCS - EN 00-265 85.00 I TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,623.28 TOTAL DUE VENDOR 1,623.28" CITYOF DR IB BAR RUN DATE`' 12/1412400 1050136 VOUCHER REGISTER PAGE: 11 DUE THRU: 12/19/2000 FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT PREPAID BATE CHECK JOYCE LEONARD-COLBY 0015553-44140-- T T COMM -11/9' 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL ME VENDOR 45.00 CHRISTINA F LICATO 0015350-45300-- 10127 CONTRACT CLASS -FALL 54.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 54,64 TOTAL DUE VENDOR 54.60 CONSTANCE J LILLIE 0015354-45300-- 10M CONTRACT` -CLASS -FALL 333.00 TOTAL PREPAIDS ,{ TOTAL VOUCHERS 333.64 TOTAL DUE VENDOR: 333.00 LOS ANGELES COUNTY DIST. ATTORNEY 001-21114-- PP22-24 SALARY ATTCHMT-BB0001469 315.00 12/19/2004 46612 ' -TOTAL PREPAIDS 315.40 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 315.00 LOS A14GELES COUNTY PUBLIC WORKS 0015331-45300-- 10039 AR011759 SUMP PUMP IMAINT-SYC CYN ` 90.40 0015510-45530-- 10315 AR011697` OCT MAINT-INDSTRL NSTE 2,899.16 0015554-45007-- 10544 AR101743 REPAIR SVC-D/B-SHAOOM CYN 1,327.75 4015554-45507-- 10643 AR101742 ` REPAIR SVC-DB/SUNSET CRSS 1,054.71 0015554-45507-- 10645 AR101741 REPAIR SVC-GRAND/GLDN SPG 3,625.32' TOTAL PREPAIDS .00 TOTAL VOUCHERS 8,997.344 TOTAL DUE VENDOR 8,997.34- M WILSON CO. CONTRACTORS INC`' 2505310-46415-15199-46415 10428 2488 PROF.SVCS-PANTERA PK 2,419.E TOTAL PREPAIDS .00 TOTAL VOUCHERS 22,419.00, TOTAL DUE VENOM ' 22,419.00 MAINTEX 04153#4-41200-- 10040 492166 SUPPLIES - HERITAGE C/CTR 60.86 TOTAL PREPAIDS .00 TOTAL VOUCHERS 60.86 TOTAL DUE VENDOR ' 60.86 MANHOLE ADJUSTING INC 2505514-46411-01499-46411 A10345 343 PROF.SVCS-SLURRY SEAL PRJ 2,723.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,723.25 TOTAL DUE VENDOR' 2,723.25 CITY OF DIAMOMB BAR ` RUN DATE: 12114/2000 10=50:36 " VOUC3#R REGISTER PAGE: 12 DUE THRU: 1211912000 F/SECT-ACCT-PROECT-ACCT PO '# INVOICE DESCRIPTION PREPAIII T DATE CHECK DEBRA MATURING 001-23002-- 51304 REFUND PIC DEP-SYC CYN PK 50.00 TOTAL PREPAIDS DD TOTAL VOUCHERS 50.00 TOTAL DUE VEND 50.00 MCKESSON SPARKLETTS WATER PRODUCTS` 0014090-42134=- 10316 6274783-61 WATER SVCS - SUITE 190 8.50 0014090-41200-- 10316 6274733-61 WATER SUPPLIES- SHITE 190 48.13 TOTAL PREPAIDS .00 TOTAL VOUCHERS 56.63 TOTAL DUE VENDOR 56.63 METROLINK 1125553-4553;-- 10634 NOV 00 CITY SUBSIDY-NOV 00 8,980.00 1125553-45533-- 20634 NOV 00 METROLINK PASSES -MV 00 35,920.00 - TOTAL PREPAIDS .00 TOTAL VOUCHERS 44,900.00 TOTAL DUE VENDOR' 44,900.00 ROLAND MORRIS 0015553-44104-- T -$i T COMM -9/19,11/9 90.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 90.00 TOTAL DUE VENDOR 90.00 MT CALVARY LUTHERAN>SCt1ODL 001-34720-- H/HOUSE FESTIVAL -OGT 00 702.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 702.00' TOTAL DUE VENDOR 702.00 STEVEN G. NELSON 0015210-44100-- PLNN COMM -10/10,14124 130.00" TOTAL PREPAIOS .00 TOTAL VOUCHERS 130.00 TOTAL DUE VENDOR 130.00" P.F. PETTIBONE & CO 0015210-41200-- 10503 16273 SUPPLIES-PLNN COMM. 294.45 TOTAL PREPAIDS .00 TOTAL VOUCHERS 294.45 TOTAL ME VENDOR 294.45" PACIFIC CREST YOUTH 001-36610-- 51305 REFUND - STAFF FEE CHG 40.00 001-23002-- 51305 REFUND PK%D P-PANTERA 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 240,00 TOTAL DUE VENDOR 240.00 ' 1 CITY OF DIAMOND BAR RUN DATE: 12/14/2000 10:50:36 VOUCHER REGISTER PAGE: 13 ME THRU: 12/19/2444' FUND/SECT-ACCT-NMJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMOUNT DATE CHECK PATHWAYS COMMUNICATION ACADEMY 001-34724-- H/HOUM FESTIVAL -OCT 04 702.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 742.04 'TOTAL -DUE VENDOR 702.00 PAYROLL TRANSFER 001-10200--' PP25 PAYROLL TRANSFER-PP25 83,300.00 12/19/2004 PP25 TOTAL PREPAIDS 83,200.00 TOTAL VOUCHERS > .00 TOTAL DUE VENIOR M,244.00 PCL FOUNDATION 0414090-423M0-- PUBLICATION -GRANTS MING 10.00 TOTAL PREPAIDS 40 TOTAL VOUCHERS 14.44 TOTAL DUE VENDOR 14.40 PERS HEALTH 0014090-40093-- PP23-24 DEC -HEALTH INS PREMS 58.22 12/19/2000 46619 (K)l-11105-- PP23-24 DEC -HEALTH INS PREMS 11,644.56 12/14/2440 46619 TOTAL PREPAIDS 11,702.78 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 11,742.70 PERS RETIREMEK FUND 001-21109-- PP25 SURVIVOR BENEFIT 44.'32 12/19/2400 46622 401-211497- PP25 RETIRE CONTRIB-ER 3,077.82'12/19/2440' 46622 441-21149-- PP25 RETIRE CGNTRIB-EE 5,437.37 12/19/2400 46622 TOTAL PREPAIDS 8,156.11; TOTAL VOUCHERS .00 TOTAL DUE VENDOR' 8,156.11 PETER ROGERS PHOTOGRAPHY 0015354-42112-- 146:37 25523 PHOTOGRAPHY SVCS-REC DRUG . 106.67 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 106.67 TOTAL DUE VENDOR 146.67 PITNEY BOWES INC 0014090-42130-- 10109 3016188-NVOO LEASE MAILING SYSTEM-NOV 369.90' TOTAL PREPAIDS .00 TOTAL VOUCHERS 369.90 TOTAL DUE VENDOR'' 369.90` POMONA LUDICIAL DISTRICT 001 -3223() -- SEPT 00 PRKNG CITATION FEE -SEPT 244.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 240.00 TOTAL ME VENDOR 240.00'. CITY OF DIA?W BAR RUN DATE': 1211412000 10:50:36 VOUDF.R REGISTER PAGE: 14 DUE`THRU: 12/19/200 FUNDISECT-AMT-PROECT-ACCT PO # INVOICE DESCRIPTION AMOUNT PREPAID DATE CHECK POMONA UNIFIED SCHOOL DISTRICT 0015350-42140-- 10042 147 FACILITY RNTL-SEPT101 00 1,008.00 TOTAL PREPAIDS .00 TOTAL V01MRS 1,008.00 TOTAL DUE VENDOR 1,008 .00 POSTMASTER 001-23010--'' EXPRESS MAIL -FPL 00-45 11.75 001 -23010 -- EXPRESS 'MAIL -FPL 00-31 11.75 001-23010-- EXPRESS `MAIL -FPL 99-57 11.75 001-2?Ola-- EXPRESS MAIL -FPL 00-37 15,75 001 -23010 -- EXPRESS MAIL -FPL 00-36 11.15 001-23010-- EXPRESS t4IL-FPL00-32 11.75 001-23000-- EXPRESS MAIL -FPL 00-48 3:92 001-23610-- EXPRESS MAIL -FPL 00-37 15,75 001-23010-- EXPRESS MAIL -FPL 00-47 3.92 001 -?3010-- EMPRESS MAIL -FPL 00-31 11.75 001-23610-- EXPRESS HAIL -FPL 00-48 3.91 001-23ai0-- EXPRESS MAIL -FPL 00-20 11.75 0014090 -42120 -- EXPRESS MAIL-PLNG 21.25 001-23010-- " EXPRESS MAIL -FPL 00-36 11.75 001 -23010 -- EXPRESS MAIL -FPL 00-47 3.91 002-23000-- EXPRESS MAIL -FPL 00-46 3.92 001-23010-- EXPRESS MAIL -FPL 00-45 11.75 001-23010-- EXPRESS MAIL -FPL 00-36 11.75 001-23010-- EXPRESS MAIL -FPL 00-46 3.92 Oat -23010-- EXPRESS MAIL -FPL 00-31 11.75 001-23010— EXPRESS MAIL -FPL 00-19 11.75 CNkI 3010 -- EXPRESS MAIL -FPL 00-36 11.75 Oai-2010-- EXPRESS MAIL-FP'L 40-41 11.75 aat-23ola-- EXPRESS MAIL -FPL 00-36 11.75 001-23010-- EXPRESS MAIL -FPL 00-19 11.75 001-23010-- EXPRESS MAIL -FPL 00-31 - 11.75 001 -23010 -- EXPRESS MAIL -FPL 00-32 11.75 TOTAL PREPAIDS ,ap TOTAL VO DUS 287.75, TOTAL DUE VENDOR" 287.75 PROFESSIONAL BINDING PRODUCTS 0014050-41200-- PS100221M, SUPPLIES -FINANCE tCAFRI 35.418 TOTAL PREPAIDS .W TOTAL VOUCHERS 35,48 TOTAL DUE VENDOR,,}8 DUALITY MANAGEMENT CONSULTATION SVC 0014090-44000-- 10205 346 CHSLTNT SVC-RSTRCTNG COMM 3,150.x0 ` TOTAL PP,EPAIDS .Oa TOTAL VOU0m 31150,00 TOTAL DUE VENDOR ' 3,150.00 I CITY OF DIAMOND BAR RUN DATE. 12/14/2000 10.50:36 VOWO REGISTER PAGE- 15 DUE THRU: 12/19/2000 PREPAID' FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK R & D BLUEPRINT 0015510-42110-- 10319 47570 PRINTING SVCS -MAPS 32.18 0015510-42110-- 1019 47671 PRINTING SVCS -MAPS 14.94 0015510-42110-- 10319 47663 PRINTING SVCS -2[ IFPS' S5.fcb 001=23pip-- 47600 PRINT SVCS - FPL 00-05 20,72 01}1-23010-- 47500 PRINT SVCS -FPL 00-41 20.40 001_123012-- 47663 PRINT SVCS - EN %7227 9.74 TOTAL PREPAIDS '" .00 TOTAL VOUCHERS 153.84 TOTAL DUE VENDOR 153.84 R F DICKSON COMPANY 0015554-45501-- 10655 1141406 ST SWPNG'SVCS-NOV 00 7,500.00 0015554-45541-- 10655 1141367 ST On SVCS -OCT 00 50.00 0015554-45501-- 10655 1141375 ST SWPNG M-13CT 71500.00' TOTAL PREPAIDS .00 TOTAL VOUCHERS 15,050.00 TOTAL DUE VENDOR 55,050,04 RALPlS GROCERY COMPANY 0014090-42325-- 10555 10095962 " MTO SUPPLIES - "ACE MTS 19.76 0015350-41200-- 10043 111095984 MTC SUPPLIES-G".SVCS 3,54 0014090-42325-- 10555 10095986: MTG SUPPLIES -COUNCIL 48.36 TOTAL PREPAIDS '00 TOTAL VOUCHERS 71,66 TOTAL DUE VENDOR 71.66 REINBERGER PRINTWORKS INC 0014095-42110,-- 10587 10950 PRINT SVCS -BUSINESS CARDS 1,439. 54 0014090-42110-- 1(Q79 10937 PRINT SVCS -LETTERHEAD 99.54 86 TOTAL PREPAIDS ,00 TOTAL VOIJCHERS1,539.44 TOTAL DUE VENDOR 1,53g.40; REMEDY 0014040-44000-- A10580 42856 TEMP" SVCS-C/CLERK WK 11/5 627.20 0014040-44000-- A10580 59821 TEMP SVCS-C/CM, WK11/12 325.36 0014040-44000-- A10580 59822 TEMP SVCS-C/CLERK WK11/19 501.76 CK)15510-44000-- 10642 33224 TEMP SVCS-P/MWS'WK10/29 706.80 0015'210-44000=- 10641 16781 TEMP SVCB-PL +1.4 10/15 674.80 TOTAL PREPAIDS ,Op; TOTAL VOUCHERS 2,835.92 TOTAL DUE VENDOR 2,635.92 JOSEPH RUZICKA 0015?10-44100-- PLt±�i COW. -10/10,10/24 130,00 TOTAL PREPAIDS ,Op TOTAL VOUCHERS 130.00 ` TOTAL DUE VENDOR 130.00 S.C.A.C.E.D. 0015210-42315-- MEMBERSHP FEES-FLORES 40.04 TOTAL PREPAIDS .{ ; TOTAL VOUCHERS'40.40 , TOTAL DUE VENDOR 44.00 CITY OF DIAMOND BAR RUN DATE: 12/14/2000 10-150:36 VOUCHER REGISTER PAGE: 16 DUE THRU: 12/19/2000 PREPAID BISECT -ACCT -PROJECT -ACCT PO # INVOICE ` DESCRIPTION AMOUNT DATE CHECK SAM'S MOBIL' 014090-42310-- NOV 00 FEEL - GES GOVT 27,94 0015210-42310-- NOV 00 FUEL - COMM. DEV. 254.30 TOTAL PREPAIDS .00 TOTAL .VOUCHERS 252.24 TOTAL DUE VENDED 282.24 SAN GABRIEL VALLEY ASST TO CITY MGR 0014030-421315-- NOV 00 MEMBRSHP'DUES-DIAMOND BAR 50,00 TOTAL PP.EPAIDS .00 TOTAL VOUCHERS 50,00 TOTAL DUE VENDOR 50.00 SAN GABRIEL VALLEY TRIBUNE 0014040-42115-- 10347 D4051 ," P/H-HOUSING ELEMENT 286.26 001-2 010-- 86938 LEGAL AD - FPL 00-24 165.36 0015510-42115--2662 LEGAL AD -DBE ANNL PLN 72.54° 0014040-42115-- 10347 12131 P/H-10TEL COMM 113,10 00140311-42320-- NEWSPAPER SVCS -12/20-6/19 42,25 TOTAL PP:EPAIDS .00 TOTAL VOUCHERS 679.51 TOTAL DUE VENDOR 679.51 SCANNING SYSTEMS 0014150-41200-- 1628301 SUPPLS-W-2'S &:I( Y99 FORMS 22.91 TOTAL PREPAIDS TOTAL VOUCHERS 72.91 TOTAL DUE VENDOR 72.91 SCMAF 0015350-44000-- 14938 ADULT BSKTBLL REG-C/S 16,00 :TOTAL PREPAIDS � 00 TOTAL VOUCHERS 16.00 TOTAL ME VENDOR ` 16.00 SECTRAN SECURITY 0014090-44000-- 9987 12129 COURIER SVCS - DEC 00 210.00 TOTAL PREPAIDS 1.00' TOTAL VOUCHERS 210.00; TOTAL DUE VENDOR Zi0.0 SHEPPARD, MULLIN, RICHTER .& HAMPTON 0014020-44021-- A9885 221970952" LEGAL SVCS-LANTERMAN 46.27. TOTAL PREPAIDS ,0 TOTAL VOUCHERS 46.27 TOTAL DUE VENDOR 46,27 JERRYL LYNN SHORT 0015350 -45300 -- CONTRACT CLASS -FALL 76.80 TOTAL PP.EPAIDS .00 TOTAL VOUCHERS 76.80 TOTAL DUE VENDOR 76.80 CITY OF DIAMOND BAR RUN DATE: 12/14/21:00 10:50:36 VOUCHER REGISTER PAGE: 17 DUE THRU 12/19/2000 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE DECK SIGNAL MAINTENANCE INCORPORATED 0025554-45507-- 10313 107737 TRFFC MAINT-SURVEY LED'S 780.00 0015.554-45507-- 10313 108561 TRFFC MAINT-PTHFNDR/BREA 22.00 0015554-45507-- 10:13 107537 TRFFC MAINT-GATEWAY/G/SPG 292.16 0015554-45507-- 10313 108188 TRFFC SONL MAINT-NOV 00 2,100.00 0015554-45507-- 10313 107825 TRFFC MAINT-COPLEY%G/SPNG 3,442,22 TOTAL PREPAIDS .gip TOTAL VOUCHERS 6,636:38 TOTAL DUE VENDOR 6,636,38 JASON SKEEH` 1264411-42340-- REIMS -COPS TRAINING 110.50 TOTAL PREPAIDS k .00 TOTAL VOUCHERS 110.50 TOTAL. Dl E VENDOR 110.50 SMART & FINA1 0015350-41207-- SUPPLS-HERITAGE:COMM,CTR 144.79 TOTAL PREPAIDS moo TOTAL VOUCHERS 144.79 -TOTAL DUE VENDOR 144.79 SOUTHERN CALIFORNIA EDISON 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 14.15 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 13.94 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 16.80 4015510-42126-- ELECT SVCS -TRAFFIC C[LN`fRL 4,351.96 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 1,311.09 0015514-4212'6-- ELECT SVCS -TRAFFIC CONTRL 87.00 0015510-42126-- ELECT SVCS -TRAFFIC CONTEL 157.19; (:015510-42526-- ELECT SVCS -TRAFFIC CONTRL 326.00 0015514-42126-- ELECT SVCS -TRAFFIC CONTRL 1,311.09 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7,589.c2 TOTAL DUE VENDOR 7,539.22 SOUTHERN CALIFORNIA LEADERSHIP NTWK 0014014-42325-- MTG - ANSARI 12/5' 75.00 12/19/2000 46614 TOTAL PREPAIDS 75.00, TOTAL VOUCHERS .00 TOTAL DUE VENDOR 75.00' SOUTHLAND MANAGEMENT 1264411-42210-- 10,107 JAN 01 COMMON AREA MAINT-JAN 01 275.00 1264411-42140-- 10307 JAN 01 LEASE -SHERIFF CNTR JAN 01 1,225.00' TOTAL PREPAIDS ,00' TOTAL VOLRS 1,500.00` TOTAL DUE VENDOR 1,500.00 ST DENIS CATHOLIC CHURCH 441-34720-- HIHOUSE FESTIVAL -OCT 00 1,023.00 TOTAL PREPAIDS ,00' TOTAL VOUCHERS 1,02.3.00 TOTAL DUE VENDOR ' 1,023.00 CITY OF DIAMOND BAR RUN DATE; 12/14/2000 10:50:36 VOUCHER SISTER PAGE: i$ DUE THRll: 12/19/2000 PREPAID FUND/SECT-ACCT-PROtIECT-ACCT Pil # INVOICE DESCRIPTION AMOUNT DATE CHECK STANDARD INSURANCE OF OREGON 001721106-- PP23-24 TEC-SUPP'LIFE TNS PREMS 200.10 12/19/2000 46621 001-21106-- PP23-24DEC-LIFE INS PREMS 606.50 12/17(2{Ki0 46621 0014030-40074-- PP23-24 DEC-LIFIE INS MI MS 14.50 12/19/2000 46621 TOTAL PREPAIDS 821.10 TOTAL VOUCHERS TOTAL DUE VENA 821.14 STARLITE SAFETY SUPPLY INC 0015554-41250-- 10592 16708 SUPPLIES - PUBLIC ISS 691,72 TOTAL PREPAIDS 00 TOTAL VOUCHERS 691.72 TOTAL DUE VENDOR 691.72 STEVEN ENTERPRISES 0015510-41240-- 10318 82873 SUPPLIES -MAP HAILS 160,09 - TOTAL PREPAIDS .00 TOTAL VOUCHERS 160.09 TOTAL DUE VENDOR 160 09 STREET TREE SEMINAR INC - 0015310-42340-- SEMINAR-HENSLEY`1/26/01 60.00 TOTAL PREPAIDS .00 TOTAL VU HERS 60.00 TOTAL DUE VENDOR 60.00 SUBWAY 0014090-42325-- 1021.9 MTG SUPFLS - 4 CARS 11.97 0014090-42325-- 10219 MTS SUPPLIES -COUNCIL 12/5 15.96 TOTAL PREPAIDS .t TOTAL VOUCHERS 27,93 TOTAL DUE VENDOR; 27.93 SULLY -MILLER INC 2505510-46411-13399-46411 10061 54535 ST REHAB-PATHFNDR/G/SPNGS 113,741,01 TOTAL PREPAIDS .00 TOTAL VOUCHERS 113,741.01 TOTAL DUE.VENDDR 113,741.01 TEN1NIS ANYONE 0015350-45:3W-- 10528 CONTRACT CLASS -FALL 209.30 TOTAL PREPAIDS .40 TOTAL VOUCHERS 209.30 TOTAL DUE' VENDOR 209.30 THE ROTH GROUP, INC 0015310-44300-- 9982 04-228 1 PROF. SVCS -TRAILS MSTR 297.54:> TOTAL PREPAIDS ,00 TOTAL VOUCHERS 287.54 TOTAL DUE VENDOR 287.54 CITY OF DIAMOND BAR RUN DATE* 12/14/2000 10:50:36 VOUCHER REGISTER PAGE: 19 DUE THRU: 12/14/2000 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMOUNTDATE CHECK TRUGREEh1 L kMARE 1385c-42214-- 2281056354 PROF.SVCS-DBBIFTHFINDER 21.55 TOTAL PPEPAIDS .00 TOTAL VOUCHERS ltik CHERS 21.85 TOTAL DUE VENDOR 21.85 STEVEN TYE 0015220-44100-- PLNN COMM. -10/14,10/24 130.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 130.00 TOTAL DUE VENDOR` 130.00 UNITED STATES POSTAL'SW)ICE 0014010-42120-- REPLENISH POSTAGE METER 2,000.00 TOIAL PREPAIDS .DO TOTAL VOUCHERS 2,000.40 - TOTAL DUE VENDOR 2,000.00 VERIZON CALIFORNIA 0014095-42125` 8887772489 PH. SVCS = ECON DyLP 42.67 0014090-42125-- "Vd600368 PH. SVCS- MODEM CICLY 38.81 0015322-42125-- PH -SVCS -;REAGAN PK 77.01 00153M-42125-- PH -SVM - MAPLE HILL PK 75.84 TOTAL PREPAIDS .00' TOTAL VOUCHERS 234.33 TOTAL DUE VENDOR: 234.33 VERIZON WIRELESS 1264411-42124-- 458942810150 CELL SVCS -SHERIFF 177.46 0014440-42125-- 45EP42810150 CELL SVCS-EME,R PREP SVCS' 39.96 0014630-421-- 458942810150 CELL SVGS-C/MAN#ER "151.29 0014010-42125-- 4.58942810150 CELL SVCS-r/CDXIL 143,9' 001440-42125-- -42125-- CELL CHARGES-C/MANAGER 286.09 12/19/20000 46611 00144440 CELL CHARGES-EMER PREP n. 96; 12/19/2000 46611 1264411=42125-- 0014090-42125-- CELL CHARGES -SHERIFF 138.41 32/19/2000 46611 CELL CHARGES -COUNCIL 133.42 12/19/2400 46611 TOTAL PREPAIDS 597.E , TOTAL VOUCHERS 512.63 TOTAL DUE VENDOR 1,110.51 VERIZON WIRELESS tESSAGING SVCS 0014(M-42125-- L8418988 PAGER SVGS -12/1/01-2/28 625.15 TOTAL PREPAIDS .04 TOTAL VOUCHERS 625.15 TOTAL DUE VENDOR 625.15; ARUN VIRGIN AR 00155553-44100-- T & T COMM -9/19,28,11/9 135.0 TOTAL PREPAIDS 00 TOTAL VOUCHERS 135.00 TOTAL DUE VENDOR 135.00 CITY OF DIAMOND BAE, RUN DATE. 12/14/2000 14:50.36 VOUCHER REGISTER PAGE: 20 DUE THRU: 12114/2000 PREPAID FUND/SECT-ACCT-PROTECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK VISION SERVICE PLAN; ' 041-21107-- PP23-24.: DEC -VISION PREMIUMS 1,062.21 12/14/2000 46620 001400-40074-- PP23-24 IEC -VISION PREMIUMS 16.45 12/1912000 46620 TOTAL PREPAIDS 1,078.69 TDTAL VOUCHERS .UO TOTAL DUE VENDOR 1,078.69 WALNUT VALLEY WATER DISTRICT 0015331-42126-- WATER SVGS - SYC CYN PK 898.50 1345,.5~,'4-42126-- WATER SVGS - DIST 39 6,461.00 1385538-42126-- WATER SVGS - DIST 38 6,667.75 0015318-42126-- WATER SVGS - PANTERA 2,490.75 0415314-42126-- WATER SVCS -,PETERSON 2,094.75 0015'328 -42126 -- WATER SVCS - SUMMITRIDGE 3,364.50 0414440-42126-- 9244 ELECT SVCS-EASTGATE SITE 43.00 TOTAL PREPAIDS .04 TOTAL VOUCHERS 22,524.25 TOTAL DUE VENDOR 22,520.25 WARREN SIECKTE 401-23010-- _4621 PROF.SVCS - FPL 40-36 222.00 041-23012-- 4634 PROF.SVCS - EN 46-157 111.04 2505510-46412-16401-46412 4532 PROF.SVCS - PLAN CHECK. 148.00 0015554-44510-- 10317 4631 TRFFC SGML MAINT-OCT 00 1,848.50 2505510-46412-16501-46412 4633 PROF.SVCS - FLAN CHECk: 111.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 2,490.50 TOTAL DUE VENDOR 2,410.50 WELLS FARGO CARD SER'4ICES 0014030-421?5-- NOV 00 PALMNET SVCS-DESTEFANO 20.76 0014410-42325-- MTOS - HUFF150.54 0014030-41125-- PALMNET SVC-BELAER 10.38 0014010-4L -- PRKG-ANSARI 10/13 10.00 00140:30-42310-- FUEL - BELANGER 48.56 0014030742325-- MTGS - BELANGER 62.59 0014010-42325-- MTG - ANSARI 101112 16.12 (1014010-42125-- PALMNET SVC -HUFF 11.44 0014010-4'Z330-- NATL LEAD [-HERRAR,CHG 618.00` 0014030-42125-- NOV 00 PALMNET M-DOYLE 20,76 0014034-42,'30-- NATL LEAD CONT-DOYLE 309.00 0015Y50-41200-- NOV 00 SUPPLIES - COMM. SVCS 93.01 0015310-41204-- NOV 00 SUPPLIES - COMM. SVCS 49.92 0014010742125-- PALMNET SVCS-O`CONNOR 10° 0014010-42325-- MTG - HERRERA 14/10 0.38` 5.42 TOTAL PREPAIDS ,00 TOTAL VOUCH=RS 1,483.43 TOTAL DUE VENDOR 1,483.93 WEST COAST MEDIA 1125360-45315-- 121012105/56 ' DEC AD - HOLIDAY RIDE 350.00 1155515-42'115-- 12012105156 DEC AD - TREE RECYCLE 350.04; TOTAL PREPAIDS .00 TOTAL VOUCHERS 700.00 TOTAL DUE VENDOR 700.00 3 N a CITY OF DIAMOND BAR Rl! DATE: 12/14/2000 14:50:36 VOUCHER REGISTER PAGE: 21 DUE THN: 12/1912(100 FLND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMt�IT DATE CHECK WEST END UNIFORMS 0014415-41200-- 10252 53166/53167 V/PATROL UNIFORMS. PHEE 174.94 TOTAL PREPAIDS ,DA TOTAL VOUCHERS 179.94 TOTAL DUE VENDOR 179.94 a WESTPUBLISHING CO. 0014090-42320-- 10259 511712385162 CA CODES ANNOTATED 150.74 TOTAL PREPAIDS .00 TOTAL VOUCHERS 150.74 TOTAL DUE VENDOR 150.74 WESTERN GAMING 9 g 0015350-41200-- 10427 INV02873 ; SUPPLIES -SR BINGO 97.43 TOTAL PREPAIDS .00 TOTAL VOUCHERS 97.43 - TOTAL DUE VENDOR 97.43 NANCY WHITEHOUSE 001409 -42325-- REIMH-SUPPLE HOLIDAY PRTY 151.36 12/1912000 46610 TOTAL PREPAIDS 151.36 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 151.36. PAUL REFIGHT ; 0014090-44000-- 10221 12082000 A/V SVC-P/C,CNCL,TD 11/28 647.50 TOTAL PREPAIDS ,{ TOTAL VOUCHERS > 647.50 TOTAL DUE VENL43R 647,50` XEROX CORPORATION 0014090-42200-- 10189 78903765 COPIER-MAINT OCT 347.17 0014090-42200--101 70643770 COPIER MAINT-OCT 00 347.17 TOTAL PREPAIDS .00' TOTAL VOUCHERS 694.34 TOTAL DUE VENDOR 694.34 ANNA YU 001-34740-- 39m RECREATION REFUND 59.00 TOTAL PREPAID .00: TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR 59.00 BOB IIS 0015210-44100-- PLNN COMM -10/10,18/24 130.00 TOTAL PREPAIDS .00 - TOTAL VOUCHERS 130.00 TOTAL DUE VDP,%R 130.04 ` REPORT TOTAL PREPAIDS 136,189.31 REPORT TOTAL VOUCHERS 439,631.94 REPORT TOTAL 575;821,25 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.ri" TO: Honorable Mayor and City Council MEETING DATE: December 19, 2000 REPORT DATE: December 12, 2000 FROM: James DeStefano, Interim City Manager TITLE: Transmittal of Comprehensive Annual Financial Report and Final Audit Reports for the year ended June 30, 2000. SUMMARY: , The City's Finance Department in concert with the City's independent auditing firm of Conrad and Associates, L.L.P. has prepared the Fiscal Year 1999-2000 Comprehensive Annual Financial Report. Once again this fiscal year, the City will be submitting its Comprehensive Annual Financial Report to the California Society of Municipal Finance Officers and to the Government Finance Officers Association certificate of excellence award programs. (The City has received both award's for the past five consecutive fiscal years). The accounting firm of Conrad and Associates; L.L.P. has been retained as auditors for the City of Diamond Bar. In conjunction with these services, final audit reports for FY99-00 have been prepared and are also being transmitted. As indicated in the financial reports, the City finished the fiscal year in an extremely positive financial position., The General Fund equity >increased from $16,217,200 to $19,055,968, during the year, an increase of $2,838,768. RECOMMENDATION: Receive and file the Comprehensive Annual Financial Report and Final Audit Reports for FY99-00 as prepared by the City Finance Department and Conrad and Associates, L.L.P. LIST OF ATTACHMENTS: _ Staff Report Public Hearing Notification Resolution(s) _ Bid Spec (on file in City Clerk's Office) Ordinances(s) XX Other'_ FY 99-00 CAFR, FY99-00 Audit Reports _ Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes No 2. Does the report require a majority or 4l5 vote? __._ Yes_ No 3. Has environmental impact been assessed? _ Yes_ No 4. Has the report been reviewed by a Commission? _ Yes_ No 5. Are other departments affected by the report? Yes_ No James DeStefan David ogle Linda G. Magnu on Interim City Manager Deputy City Manager Finance Director I P ro 10 CONRADAND ASSOCIATES, L.L.P Honorable Members of City Council City of Diamond Bar, California CERTIFIED PUBLIC ACCOUNTANTS 1100 MAIN STREET, SUITE C IRVINE, CALIFORNIA 92614 (949) 474-2020 Fax (949) 263-5520 Independent Accountants' Report on A erg_ed=Upon Procedures Applied to Appropriations Limit Worksheets We have applied the procedures enumerated below to the appropriations limit worksheets prepared by the City of Diamond Bar, California for the year ended June 30, 2001. These procedures, which were agreed to by the City of Diamond Bar, California and the League' of California Cities (as presented in the League publication entitled Article IXIB Appropriations Limitation Uniform Guidelines) were performed solely to assist the City of Diamond Bar, California in meeting the requirements of Section 1.5 of Article XII1B of the California Constitution. This engagement to apply agreed-upon procedures was performed in accordance with standards established by the American Institute of: Certified Public Accountants. The sufficiency of the procedures is solely the responsibility of the specified users of the report. ` Consequently, we make no representation regarding the sufficiency; of the procedures described below either for the .purpose for which this report has been requested or for any other purpose: The procedures performed and the results of those procedures were as follows: 1. We obtained the worksheets referred to above and compared the limit and annual adjustment factors included in those worksheets to the limit and annual adjustment factors that were adopted by resolution of the City Council. We also compared the population and inflation options included in the aforementioned worksheets to those that were selected by a recorded vote of the City Council. Results: No exceptions were noted as a result of our procedures. 2. We recalculated the mathematical computations reflected in the City worksheets. Results: No exceptions were noted as a result of our procedures. 3. We compared the current year information used to determine the current year limit and found that it agreed to worksheets prepared by the City and to information provided by the State Department of Finance. Results: No exceptions were noted as a result of our procedures. 4 We compared the amount of the prior year appropriations limit presented in the worksheets to the amount adopted by the City Council for the prior year. Results: No exceptions were noted as a result of our procedures. MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION Honorable Members of City Council City of Diamond Bar, California Page Two We were not engaged to, and did not, perform an audit, the objective of which would be the expression of an opinion on the worksheets referred to above. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. No procedures have been performed with respect to the determination of the appropriation limit -for the base year, as defined by the League publication entitled Article MIB Appropriations Limitation Uniform Guidelines. This report is intended solely for the information and use of the City of Diamond Bar, California. and is not intended to be and should not be used by anyone other than this specified party- Co�c-y, of Asvt_za 42t - September September 22, 2000 CITY OF DIAMOND BAR Single Audit Report on Federal Awards Year ended June 30, 2000 TABLE OF CONTENTS Page Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 1 _., Report on Compliance with Requirements Applicable to each Major Program, Internal Control over Compliance and on the Schedule of Expenditures of Federal Awards in Accordance with OMB Circular A-133 2 Schedule of Federal Awards 4 Notes to the Schedule of Federal Awards 5 Schedule of Findings and Questioned Costs 6 Summary Schedule of Prior Audit Findings 7 CONRADAND CERTIFIED PUBLIC ACCOUNTANTS ASSOCIATES, L.L.P. 1100 MAIN STREET, SUITE C IRVINE, CALIFORNIA 92614 (949) 474-2020 Fax (949) 263-5520 Honorable Mayor and City Council City of Diamond Bar, California We have audited the financial statements of the City of Diamond Bar, California as of and for the year ended June 30, 2000, and have issued our report thereon dated' September 22, 2000. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in J Government Auditing Standards, issued by the Comptroller' General' of the; United States. Compliance As part of obtaining reasonable assurance about whether the City of Diamond Bar's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reportin In planning and performing our audit, we considered the City of Diamond Bar's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the 'internal control over financial reporting would not necessarily disclose all matters in the internal - control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended for the information and use of the reporting local government, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. September 22, 2000 l MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION CONRADAND CERTIFIED PUBLIC ACCOUNTANTS ASSOCIATESL.L.P. 1100 MAIN STREET, SUITE C IRVINE, CALIFORNIA 92614 (949) 474-2020 Fax (949) 263-5520 Honorable Mayor and City Council City of Diamond Bar, California Compliance We have audited the compliance of the City of Diamond Bar with the types of compliance requirements described in the U.S. Office of Management and Budget (OMB) Circular A-133 Compliance Supplement that are applicable to each of its major federal programs for the year ended June 30, 2000. The City of Diamond Bar's major federal programs are identified in the summary of auditors' results section of the accompanying schedule of findings and questioned costs. Compliance with the requirements of laws, regulations, contracts and grants applicable to each of its major federal programs is the responsibility of the City of Diamond Bar's management. Our responsibility is to express an opinion on the City of Diamond Bar's compliance based on our audit. We conducted our audit of compliance in accordance with generally accepted auditing standards; the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain reasonable assurance about whether noncompliance with the types of compliance requirements referred to above that could have a direct and material effect on a major federal program occurred. An audit includes examining, on a test basis, evidence about the City of Diamond Bar's compliance with those requirements and performing such other procedures as we considered necessary in the circumstances. We believe that our audit provides a -reasonable basis for our opinion. Our audit 'does not provide a legal determination on the City of Diamond Bar's compliance with those requirements. In our opinion, the City of Diamond Bar complied, in all material respects, with the requirements referred to above that are applicable to each of its major federal programs for the year ended June 30, 2000. 2 MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION Honorable Major and City Council City of Diamond Bar Page Two Internal Control Over Compliance The management of the City of Diamond Bar is responsible for establishing and maintaining effective internal control over compliance with requirements of laws, regulations, contracts and grants, applicable to federal programs. In planning and performing our audit, we considered the City of Diamond Bar's internal control over compliance with requirements that could have a direct and material effect on a major federal program in order to determine our auditing procedures for the purpose of expressing our opinion on compliance and to test and report on internal control over compliance in accordance with OMB Circular A-133. Our consideration of the internal control over compliance would not necessarily disclose all matters in the internal control that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that noncompliance with applicable requirements of laws, regulations, contracts and grants that would be material in relation to a major federal program being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over compliance and its operation that we consider to be material weaknesses. Schedule of Expenditures of Federal Awards We have audited ' the general purpose financial statements of the City of Diamond Bar, California, as of and for the year ended June 30, 2000, and have issued our report thereon dated September 22, 2000. Our audit was performed for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The accompanying schedule of expenditures of federal awards is presented for purposes of additional analysis as required by OMB Circular A-133 and is not a required part of the general purpose financial statements. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion, is fairly stated, in all material respects, in relation to the general purpose financial statements taken as a whole. This report is intended for the information and use of the reporting local government, federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. September 22, 2000 CITY OF DIAMOND BAR Schedule of Federal Awards Year ended June 30, 2000 Federal Grant/ Federal Grantor/ Domestic Project 15,931 Pass-through Grantor/ Assistance Identification Amount Awards Award Award Program Title Number Number Provided to Received (1) Receivable Expend'tu S U.S. Department of Transportation: Passed through California Department `r of Transportation: Intermodal Surface Transportation Efficiency Act 20.205 U.S. Department of Housing and Urban Development: Passed through County of Los Angeles, Environmental Development Department: Community Development Block Grant Program - i res ubrecipients 07-LA-0-DMBR STPL-5455(002) $ 357,391 394,936 752,327* Entitlement Grant 14.218 D96901-99 14,069 15,931 14.218 D96902-99 6,500 4,500 14.218 D96904-99 34,544 12,656 14.218 D96906-99 8,433 9,970 14.218 D96909=99 - 5,400 14.218 D99903-99 - 6,438 14.218 D96908-98 88,499 14.218 D96909-98 172,000 - 14.218 D98910-98 110,000 - 14.218 D96901-98 12,490 - 14.218 D96904-98 13,972 - 14.218 D96906-98 14,615 - 14.218 D98903-98 3,827 - 14.218 D96909-97 136,959 - Subtotal U.S. Department of Justice: Direct assistance: Local Law Enforcement Block Grant Local Law Enforcement Block Grants Subtotal Federal Emergency Management Agency: Passed through California Office 615,908 54,895 30,000 11,000 47,200 18,403 5,400 6,438 73,873 96,823 76,777 365,914 16.592 99LBVX7362 - 65,026 65,026 16.592 99LBVX6075 66,817 - 66,817 65,026 65,026 of Emergency Services: Disaster Assistance 83.544 1203 -DR -CA P.A.4037-19192 18,915 - 83.548 1005 -DR -CA FIPS #037-19192 21,278 - Subtotal 40,193 Total Federal Awards 1 080 309 514 857 (1) Based on actual cash receipts from July 1, 1999 through June 30, 2000 * Major program The accompanying notes are an integral part of this schedule. 4 30,000 11,000 61438 47,43.8 1183.267 47,438 CITY OF DIAMOND BAR Notes to the Schedule of Federal Awards Year ended June 30, 2000 (1) Summary of Significant Accounting Policies Applicable to the Schedule of Federal Awards (a) Scope of Presentation The accompanying schedule presents only the expenditures incurred (and related revenues) by the City of Diamond Bar that are reimbursable under federal programs of federal financial assistance. For the purposes of this schedule, federal awards includes both federal financial assistance received directly from a federal agency, as well as federal funds received indirectly by the City from a non-federal agency or other organization. Only the portion of program expenditures reimbursable with such federal funds are reported in the accompanying schedule. Program expenditures in excess of the maximum federal reimbursement authorized or the portion of the program expenditures that were funded with state, local or other non- federal funds are excluded from the accompanying schedule. (b) Basis of Accounting The expenditures included in the accompanying schedule were reported on the modified accrual basis of accounting. Under the modified accrual basis of accounting, expenditures are incurred when the City becomes obligated for payment as a result of the receipt of the related goods and services. Expenditures reported include any property or equipment acquisitions incurred under the federal program. (c) Subrecipients During the fiscal year ended June 30, 2000, the City disbursed $47,438 of its Community Development Block Grant funds to two subrecipients as approved by the w County of Los Angeles. CITY OF DIAMOND BAR Schedule of Findings and Questioned Costs Year ended June 30, 2000 (A) Summary of Auditors' Results 1. An unqualified report was issued by the auditors on the financial statements of the auditee. 2. There were no material weaknesses in internal control nor were there any reportable conditions. 3. The audit disclosed no noncompliance which is material to the financial statements of the auditee. 4. There were no material weaknesses or other reportable conditions in internal control over major programs of the auditee. 5. An unqualified report was issued by the auditors on compliance for major programs. 6. The audit disclosed no audit findings required by the auditors to be reported under paragraph .510(a) of OMB Circular A-133. 7. The major program of the auditee was CFDA # 20.205 U.S. Department of Transportation (pass through assistance from the California Department of Transportation). 8. The dollar threshold used to distinguish Type A and Type B programs was $300,000. 9. The auditee was not considered a low risk auditee for the year ended June 30, 2000 for purpose of major program determination. B) Findings Related to the Financial Statements which are Required to be Reported in Accordance with GAGAS There are no auditors' findings required to be reported in accordance with GALAS. C) Findings and Questioned Costs for Federal Awards as Defined in Paragraph 510(a) at OMB Circular A-133 There are no auditors' findings required to be reported in accordance with paragraph .510(a) at OMB Circular A-133. 6 CITY OF DIAMOND BAR Summary Schedule of Prior Audit Findings Year ended June 30, 2000 There were no audit findings from the previous audit reports requiring follow-up during the year ended June 30, 2000. 7 CITY OF DIAMOND BAR III Comprehensive Annual Financial Report Year ended June 30, 2000 TABLE OF CONTENTS'. EXHIBIT Page INTRODUCTORY SECTION: Letter of Transmittal i Officials of the City of Diamond Bar xiii Organization Chart xiv Certificate of Award for Outstanding Financial Reporting (CSMFO) xv Certificate of Achievement for Excellence in Financial Reporting (GFOA) xvi FINANCIAL SECTION: Independent Auditors' Report 1 General Purpose Financial Statements: Combined Balance Sheet - All Fund Types and Account Groups AA 2 • • Combined Statement of Revenues, Expenditures and Changes BB 4 in Fund Balances - All Governmental Fund Types Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental CC 5 Fund Types ,. Combined Statement of Revenues, Expenses and Changes DD 7 in Retained Earnings - Proprietary Fund Type i • Combined Statement of Cash Flows - Proprietary Fund Type EE S 9 Notes to the Financial Statements j P. MINOR CITY OF DIAMOND BAR Comprehensive Annual Financial Report (Continued) TABLE OF CONTENTS (CONTINUED) EXHIBIT Page Supplemental Data: -. General Fund: • Comparative Balance Sheets A-1 27 0 Schedule of Revenue - Budget and Actual A-2 28 • Schedule of Expenditure Budget and Actual A-3 29 Special Revenue Funds: • Combining Balance Sheet B-1 31 • Combining Statement of Revenues, Expenditures and Changes in Fund Balances B-2 33 • State Gas Tax Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-3 35 • Proposition A Transit Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-4 36 • Proposition C Transit Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual $-5` ` 37 • Intermodal Surface Transportation Efficiency Act (ISTEA) Fund: _ Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-6 38 CITY OF DIAMOND BAR Comprehensive Annual Financial Report (Continued) TABLE OF CONTENTS (CONTINUED) EXHIBIT Page • Integrated Waste Management Fund: Statement of Revenues, Expenditures and Changes B-7 39 in Fund Balances - Budget and Actual • Air Quality Improvement Fund: Statement of Revenues, Expenditures and Changes B-8 40 in Fund Balances - Budget and Actual • Bicycle and Pedestrian Fund: Statement of Revenues, Expenditures and Changes B-9 41 in Fund Balances - Budget and Actual • Park Fees Fund: Statement of Revenues, Expenditures and Changes B-10 42 in Fund Balances - Budget and Actual • Park and Facility Development Fund: Statement of Revenues, Expenditures and Changes B-1 1 43 in Fund Balances - Budget and Actual • Community Development Block Grant Fund: Statement of Revenues, Expenditures and Changes B-12 44 in Fund Balances - Budget and Actual • Citizens Option for Public Safety (COPS) Fund: Statement of Revenues, Expenditures and Changes B-13 45 in Fund Balances - Budget and Actual • Asset Seizure Fund: Statement of Revenues, Expenditures and Changes B-14 46 in Fund Balances - Budget and Actual I CITY OF DIAMOND BAR Comprehensive Annual Financial Report y (Continued) TABLE OF CONTENTS, (CONTINUED) EXHIBIT Page • Landscape Maintenance Districts Funds: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual B-15 47 Capital' Projects Funds: • Combining Balance Sheet C-1 49 • Combining Statement of Revenues, Expenditures and Changes in Fund Balances C-2 50 • Grand Avenue Construction Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual C.-3 51 • Capital Improvement Fund: „ Statement of Revenues, Expenditures and Changes` in Fund Balances - Budget and Actual C-4 52 • Redevelopment Agency Fund: Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual C-5 ` 53 Internal Service Funds: • Combining Balance Sheet D-1-' SS • Combining Statement of Revenues, Expenses and Changes in Retained Earnings D-2 56 • Combining Statement of Cash Flows D-3 57 CITY OF DIAMOND BAR Comprehensive Annual FinancialReport (Continued) TABLE OF CONTENTS, (CONTINUED) i EXHIBIT Page General Fixed Assets Account Group: Comparative Schedule of General Fixed Assets by Source E-1 59 • Schedule of General Fixed Assets by Function and Activity E-2 60 • Schedule of Changes in General Fixed Assets by Function and Activity< E-3 61 Table No: STATISTICAL SECTION: 1 62 General Governmental Expenditures by Function 2 63 General Governmental Revenues by Source <3 64 Secured Property Tax Levies and Collections 4 65 Assessed and Estimated Actual Values of Taxable Property �5 Property Tax Rates - All Direct and Overlapping Governments ` 66 6 67 Principal Taxpayers 7 68 Computation of Legal Debt Margin g 69 Computation of Direct and Overlapping Debt 9 70 Schedule of Insurance in Force 10 71 Demographic and Miscellaneous Statistical Information 11 71 Residential and Commercial Construction Ratio - Unreserved General Fund Balance to Annual 12 73 General Fund Expenditures 13 74 Schedule of Credits 3 F7 a'r 21.660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177 (909} 860-2489 • Fax (909) 861-3117 www.CityofDiamondBar.com November 30, 2000 Honorable Mayor and Members of the City Council City of Diamond Bar Diamond Bar, California It is a pleasure to submit the Comprehensive Annual Financial Report of the City of Diamond Bar for the fiscal year ended June 30, 2000.Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the City. We believe the data presented is accurate in all material respects; that it is presented in a manner designed to fairly set forth the financial position and results of operations of the City as measured by the financial activity of its various .funds and account groups; and that all disclosures necessary to enable the reader to gain.a full understanding of the City's financial affairs have been included: The Comprehensive Annual Financial Report (CAFR) is presented in three sections` introductory, financial and statistical. The introductory section includes this transmittal letter, the City's organizational chart and a list of principal officials. The financial section includes general purpose financial statements and schedules, the independent auditor's report, and the notes to the financial statements. The statistical section includes selected financial and demographic information on a multi-year basis. In addition to the financial audit, the City is legally required to also conduct an annual single audit in conformity with the provisions of the Single Audit Act of 1984 and the US Office of Management and Budget Circular A-133, Audits of States. Local Governments, and Non -Profit Organizations Information related to this single audit, including the schedule of federal financial assistance, findings and recommendations, and auditors' reports on the internal control structure and compliance with applicable laws and regulations, are not included with this report and are issued as a separate document: Deborah H. O'Connor Mayor Eileen R. Ansad Mayor Pro Tem Wen Chang Council Member Carol Herrera Council Member Robert S. Huff r Council Member F'h �... Recycled paper 21.660 E. Copley Drive, Suite 100 - Diamond Bar, CA 91765-4177 (909} 860-2489 • Fax (909) 861-3117 www.CityofDiamondBar.com November 30, 2000 Honorable Mayor and Members of the City Council City of Diamond Bar Diamond Bar, California It is a pleasure to submit the Comprehensive Annual Financial Report of the City of Diamond Bar for the fiscal year ended June 30, 2000.Responsibility for both the accuracy of the presented data and the completeness and fairness of the presentation, including all disclosures, rests with the City. We believe the data presented is accurate in all material respects; that it is presented in a manner designed to fairly set forth the financial position and results of operations of the City as measured by the financial activity of its various .funds and account groups; and that all disclosures necessary to enable the reader to gain.a full understanding of the City's financial affairs have been included: The Comprehensive Annual Financial Report (CAFR) is presented in three sections` introductory, financial and statistical. The introductory section includes this transmittal letter, the City's organizational chart and a list of principal officials. The financial section includes general purpose financial statements and schedules, the independent auditor's report, and the notes to the financial statements. The statistical section includes selected financial and demographic information on a multi-year basis. In addition to the financial audit, the City is legally required to also conduct an annual single audit in conformity with the provisions of the Single Audit Act of 1984 and the US Office of Management and Budget Circular A-133, Audits of States. Local Governments, and Non -Profit Organizations Information related to this single audit, including the schedule of federal financial assistance, findings and recommendations, and auditors' reports on the internal control structure and compliance with applicable laws and regulations, are not included with this report and are issued as a separate document: contract management, and subsidized transit:,ticket sales), community services (which includes senior services, park maintenance, recreation services and landscape maintenance), economic development, redevelopment, community relations,grant administration, financial management, and administrative management. All of these activities are included in this report. -ll- AWARDS The Government Finance Officers Association of the United States and Canada (GFOA) awarded a Certificate of Achievement for Excellence in Financial Reporting to the City of Diamond Bar for its comprehensive annual financial report for the fiscal year ended June 30 1999. The Certificate of Achievement is a prestigious national award recognizing conformance with the highest standards for preparation of state and local financial reports. In order to be awarded a Certificate of Achievement, a government unit must publish. an easily readable and efficiently organized comprehensive annual financial report, whose r contentsconform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. A Certificate of Achievement is valid for a period of one year only. The City of F F Diamond Bar has received the Certificate of Achievement for the last five consecutive years (fiscal years ended 1995, 1996, 1997, 1998 and 1999). We believe our current report continues to meet the Certificate of Achievement Program's requirements and we are submitting it to GFOA to determine its eligibility for another certificate. The City' of Diamond Bar has also been awarded the Certificate of Award for Outstanding Financial Reporting by the California Society of Municipal Finance Officers for its comprehensive annual financial report for the last five consecutive years. REPORTING ENTITY AND ITS SERVICES This Comprehensive Annual Financial Report includes all funds and account groups of the City. The City directly provides a limited range of services and contracts for several q other services. The City's significant reliance on contracted services has the benefit of -:, reducing` expenses to the citizens of the City of Diamond Bar while simultaneously providing the City with a high degree of flexibility in responding to changing economic " conditions. Contracted services include police protection, building and safety, street maintenance, park maintenance, capital improvement projects,, animal control, attorney services and engineering. Staff provided services include: community development (which includes planning, building and safety management, and code enforcement), - public works (which includes engineering, capital projects administration, street maintenance contract' management, traffic and transportation matters, engineering contract management, and subsidized transit:,ticket sales), community services (which includes senior services, park maintenance, recreation services and landscape maintenance), economic development, redevelopment, community relations,grant administration, financial management, and administrative management. All of these activities are included in this report. -ll- n The Los Angeles County Fire District provides fire protection, wmch is independentto the of the Gity. Funds are collected through property tax bills and are disbursed directly Los Angeles County Fire District by the Los A:ngelesCountY Tax Collector's Office, Water services for the City are provided by the Walnut Valley Water District. Refuse. collection is provided by private waste collection compani es. Additionally, schools are L provided by both°the Walnut Valley Unified School District and the P.OmOna Unified School District.Accordingly, none of these activities are included in this report. ECONQNIIC CONDITION AND OUTLOOK^ y,p Located' at the junction of the.. 57 and 60 freeways, the City of Diamond Bar is at the hub of the Los Angeles basin transportation network, A twenty-five mule radius encompasses Pasadena, downtown Los Angeles, Long Beach, Irvine and Riverside. Diamond Bar is a 000 situated among the meandering relatively young residential community of about 59, , hills and valleys of Brea Canyon. Many desired services can be found in Diamond Bar's ho in and business centers. Recreational opportunities within the City include more -r s 1?p g than 70 acres of developed park facilities and an 18 hole;public golf course. During the last few years the City of Diamond Bar's economy has seen a marked , improvement. This fiscal year was no exception -as illustrated x by higher sales tax, revenues, new business starts and'a slight reduction in office o anri developmenes. In ditiLast this year saw the approval and start of construction of a new g fiscal year's construction of four new office buildings has been a catalyst to creatTlus, in interest and the construction of other vacant properties+located within the City. - addition to several new business commitments, is a signal that the economy in Diamond Bar is improving and will continue to grow. of the The City's Community Redevelopment Agency saw the implementation Redevelopment Plan for the Economic Revitalization Project Area. By investing in the working n to remove blighting conditions community, the Redevelopment Agency gmajor within the city's commercial areas and to improve traffic flow E onomic1Revital Revitalization thoroughfares. Unfortunately, the Redevelopment Agency's Project Area plan came under attack by a small: number of citizens and the favoraballengele in court and the plan was upheld. The court's decision was app tate Supreme C . ourt hear the ruling was overturned. The City attempted to have the S lues the bad news that the Supreme case. Early m Fiscal Year 2000-2 001, the City received Court would not hear the case, virtually shutting down redevelopment agency activities. MAJOR INITIATIVES For the Year. In the FY99-00 budget, the City of Diamond Bar identified several major programs and projects necessary to meet increased service levels and to prepare the City 2 .111- _ fF for the future requirements of its residents. The following is a list of the significant activities accomplished this fiscal year. The City Council honored its pledge to improve communications with all citizens and. sought public input on several key projects and issues. The City Council appointed citizen advisory task forces on the development of a Community/Civic Center, and the study of the proposed expansion and/or change in client base by the State of California to the Lanterman Developmental Center. These groups held several meetings throughout the year and periodically submitted their findings and recommendations to the City Council for review and possible action. In its continuing effort to serve the citizens of Diamond Bar, the City has been striving to improve and enhance civic and recreational opportunities within the City. As a result, the Community/Civic Center Task Force was formed. The task force with the aid of an architectural firm explored various aspects of creating such a center. After a great amount of consideration, the City Council approved Sycamore Canyon Parkas the location for the Community/Civic Center facility. Facilities considered for the future community/civic center include a senior service element, a library, a sports complex with a gymnasium and swimming pool, a city hall and a performing arts center. The first phase to be designed and constructed is a Community/Senior Center. It is anticipated -_ that this facility will provide much needed supplemental meeting and activity space for the City's active senior citizen organizations as well as provide space for the City's recreational activities.. In addition, staff will be pursuing a funding mechanism for the second phase, the library facility. The City's Capital Improvement Program for FY 99-00 included e ; several street rehabilitation and maintenance projects. This included the rehabilitation of two sections of Golden Springs Drive. This included the sections between Brea Canyon Road and the Westerly City Limits and between Grand Avenue and Torito Lane. Water seepage; on some of the City's streets has been an ongoing problem. This fiscal year, water seepage problems were addressed and eliminated on Meadowglen Road and Ambushers Street. Design of a project to eliminate seepage on Chinook and San Leandro was initiated. As a F part of the ongoing street maintenance program, the City's pavement management plan divided the City into seven slurry seal areas. This fiscal year the cycle was started once again with the slurry sealing, of area number one. Transportation and traffic continue to be major sources of concern for the City. The City has continued its popular transit subsidy and Dial -a -Cab programs. The transit subsidy program offers a 20% to 50% discount to citizens on transit passes for Foothill tr, Transit, Metrolink, and the MTA. The other extremely popular program implemented by the City is the Dial -a -Cab program, which offers senior and handicapped citizens taxicab ab transportation at a nominal rate. These programs are being funded by Proposition A j Transit Funds. -iv- The City ha's implemented an ongoing traffic signal program, which, is designed to place signals at several warranted locations throughout the community. r Traffic signals installed this year include the intersections of Lemon at Lycoming, Golden Springs at Rapidvi I ew and Brea'Canyon Road'at the intersections of Glenbrook, Diamond. Crest and Bar d MY contributed to the 'design �'of silver Bullet. The : 'Diamond B : Redevelopment Ag Itis anticipated, that these signal .improvements for in Additional nine intersections. the: :f4ture. improvements will be Made In near I This fiscal year saw � the: approval of a new upscale residentiial projec j which will contain , 127 homes on 65 acres. As a part of the development agreement,the City received, : $1,200,000 from the developer. These , funds have been deposited, in the City's Parks and use, to partially the development of the Facility Devel6pmentRifidand:will bek 'd I comMunity/Senior Center. -ane city aiso recuivrad LVLaI VL -Jww F agreement. a� ! It isanticipated thati this new residential development will : open space, land as a part, of the developer , , I I be of a greafbpo" homic benefit to the �City through increased P ropertytaxv atio'n, local sales and population. �I § ely sing the needs The City Council i I extremely interested in: addres and wants of its citizens. S an. One of the components of Several years ago, the 1 City implemented 4 Parks master! PI creation This fiscal year, the, City this m , aster plan was the eati6n of a skateboard park. desirability, location conducted several public meetings and received valuable input on 1 lots of hard work by the: Skateboard and design of a'' new skatebbaid park. As aresult of I ! . �, I : the aino d I � Sk�teb ard 'Park was e park Commjttee,� 6 i n Bar 0 designed signed and constructed this fiscal year. The dedication and grand opening of the park was attended by more than three hundred people on July 15, 2000. � This fiscal year a new'She 'riff s Service Center was opened. The Service Center is conveniently located in the heart of the City provides community information, volunteer opportunities,, children's fingerprinting services and law enforcementservices. It also provides a convenient plate for the Diamond Bar deputies to prepare reports, allowing them to return to the field: more quickly. Every ten years, the Federal' Government performs a census count. Since 2000 was aamond Bar to get an census year, there wasrt ' a special effort made in the City of Di accurate population count. Town hall meetings were held,:! links set up on the City's. internet web site, advertising done and discussions at the City Council meetings to promote Census Day 2000. The, census was vitally importantI to the City since many of the State revenue subventions are based on population. The City continuedits implementation of an aggressive economic development program. The mainstay of this program has been the marketing of Diamond Bar. The City has. and will continue to p I articipate i I n trade shows in an effort to draw attention to the City's business friendly environment. In addition, another marketing tool being used is the I . internet. The City's World Wide Web site has a vast amount of useful information about -v- 0 the City, ranging from a community calendar to 'a site selection area, which has pictures, maps and availability of commercial sites within the City. This fiscal year saw the completion and occupancy of four new office buildings in the Gateway Corporate Center and the addition of several new retail establishments. For the Future The accompanying financial statements reflect an excellent financial condition. This has been accomplished through a combination of sound leadership and management and a conservative financial approach. Reserves have been built in anticipation of a funding loss which was anticipated to occur in FY97-98. The City has received State subventions based upon an incorporation ` population of 74,115. By law, starting in FY97-98, these subventions were to be based on the actual population, which is estimated to be 59,000. With changes in the State law, the City was able to receive its State subventions based on its incorporation population until December 1999. As a result, the City has incorporated a conservative operating budget to compensate for the anticipated lose in revenues. The goal is to implement revenue enhancement activities and expenditure reduction decisions that will continue to mitigate the impact of this "shortfall". Of major concern, are efforts by the State to reduce municipal revenue'resources. These include motor vehicle license fees and gas tax revenues. This along with the taking of revenue that was to "backfill" shortages in property tax revenues lost through' Proposition 13, is of a major concern to most California cities. The City of Diamond Bar has joined forces with other cities via various organizations to watch and lobby the State legislature to preserve their future revenue resources. The City Council has selected as its number one goal for FY00-01, the completion and implementation of an Economic Development Strategic Plan. Such a plan will provide a blueprint for how the City hopes to enhance the economic stability of the community,' and would include measures for attracting new businesses, retaining existing 'businesses and providing necessary business assistance. It is anticipated that the plan will also include revitalization ideas for existing commercial development. FINANCIAL INFORMATION Internal Control Structures Management of the City is responsible for establishing and maintaining an internal control structure designed to ensure the assets of the City are protected from loss, theft, or misuse and to ensure that adequate accounting data is compiled to allow for the preparation of financial statements in conformity with generally accepted accounting principles. The internal control structure is designed to provide reasonable, but not absolute, assurance that these, objectives are met. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be -vi- derived; (2) the valuation of costs and benefits requires estimates and judgements by management. d Budgetary Controls ado annual budget prepared on the modified accrual basis for. all of its The City, pts;an governmental funds. Revisions that alter the total appropriations of any funds are approvedby the City Council. Prior year appropriations lapse unless they are re- E appropriated through the formal budget process; Expenditures may not legally exceed appropriations at the fund level.,During the year, there were supplemental budgetary appropriations amounting to $3,864,098. As demonstrated by the statements and schedules included in the Financial section ofthis Report, the City meets its responsibility for sound financial management Accounting System, The City's accounting records forg eneral government operations and agency Rinds are maintained on a modified accrual basis. Accordingly, revenues' are recognized when measurable and available, and expenditures are recognized when goods and services are received: Accounting for the City's internal service operations are maintained on the accrual basis. In addition, the City maintains a General Fixed Assets Account Group to for fixed assets acquired by the City which are not part of the internal service account funds. ' The City also maintains a General Long Term Debt Account Group to record the City's long term debt obligations including accumulated employee vacation and sick time. General Government Functions The following schedule resents a summary g p capital g p of eneral special revenue, and fund,revenues for the fiscal year ended June 30, 2000 and the amount and project percentage of increases or decreases in relation to prior year revenues. INCREASE PERCENT PERCENT (DECREASE) INCREASE VENUES AMOUNT OF TOTAL FROM 1998-99 (DECREASE) 7.07% Taxes 6,294,104 31.56% 415,728 547,041 2.74% (6,402) -1.16% Special Assessments 6 8.36% (480,469) Licenses, Permits, and Fees 1,666,72 -22.38% 1,177,532. intergovernmental 7,713,3,44 38.67% -2.5% 556,522 2.79% (16,922) -2.995% Fines & Forfeitures Charges for Services 1,712,737 8.59% 1,231,489 355.89% 0.00% (6,095;931) -100.00%0 Proceeds from Sale of Prop 0 1,395,755 7.00% 204,480 17.16% Investment Income Other Revenue 59,443 0.30% (31866) -6.10% TOTAL 1'9,945,707 100.00% (3,574,361) II L Revenues for the 1998-99 fiscal year were $23,520,068 'as compared with $19,945,707. for the 1999-00 fiscal year, a decrease of $3,574,361 or 15.2 percent. Although these l numbers show a decrease in revenues from the prior fiscal year, in both fiscal years there were extraordinary revenue occurrences. By eliminating these one-time fluctuations, revenues actually increased by $1,321,570 or 7.6 percent. The following paragraphs =a discuss the changes in each category. There were increases in several of the tax categories. The major increases were in Sales s Tax, Transient Occupancy.Tax and Real Estate Transfer Tax. The increase in Sales Tax is a sign of an improving economy, and a result of the City's aggressive economic development activities. The improving economy also fueledhigher' occupancy rates in the City's hotels. Real Estate Transfer Tax increase was due to an improving real estate market as well as the sale of several newly constructed homes. F The Licenses, Permits and Fees category shows a significant decrease. This is due' primarily to a $563,826 decrease in building, planning and engineering fees. The reason for this decrease was due to the construction of four new office buildings and a new housing tract consisting of 134 houses last fiscal year. There was also a slight decrease in Recreation Program revenues. There was a significant overall increase in Intergovernmental Revenues of $1,177,532. The major component of this increase was the receipt of Federal transportation funds in the amount of $752,327. These funds were received as a reimbursement for money spent rehabilitating'a section of Golden Springs Drive. Transit tax revenue received from the County was up slightly due to an improved economy: Revenues amounting to $475,700 were received as a result of an exchange of Proposition A -Transit money with another City. These funds were used to providel funding for the Community/Civic Center and the creation of a skateboarding facility at Peterson Park. There was a slight overall decrease in Fines and Forfeiture Revenue this fiscal year. Traffic Fines showed a small increase due the emphasis on traffic safety and the issuance of citations within the City. Parking Fines, Impound Fees and False Alarm Fees showed decreases totaling $35,046. The increase in the Charges for Services Category is due to the developer contribution of $1,200,000 mentioned earlier. In addition the City also received traffic mitigation fees from developers as a result of the project approval process. Last fiscal yearanother category was added to the revenue summary. This category, Proceeds from Sale of Property, was created to account for activities related to the two development and disposition agreements entered into by the Diamond Bar - Redevelopment Agency. These two agreements provided that the Redevelopment -viii- Agency purchase and resale land to developers. These events were unique to FY98799 d and as such there is no similar revenue received this fiscal year. a Investment Income continues'to grow as a result of increased cash reserves held by the City of Diamond Bar. m, The following schedule presents a summary of general, special revenue, and capital project fund expenditures for the fiscal year ended June 30, 2000 and the amount and percentage of increases and decreases in relation to prior year's expenditures. INCREASE PERCENT PERCENT ,, (DECREASE) INCREASE li EXPE NDITURES AMOUNT OF TOTAL FROM 1998!-99 (DECREASE) 370,002 14.$1% General Government 2;868,907, 14.41°/n 4,654,187 23.37% (84,188) -1.79% Public Safety Highway and Streets 909,642 4.57% (277,623) -23:38% 117,432 7.11% public Works 1,769,956 8.89% CommunityDevelop went 1,202,285 6.04% 805,204 302.78% Parks, Recreation & Culture 1;805,489 9.07% 315,781 21.20% 6,397,292 32:13% 5,192,565 531.02°!0 Capital: ay Cost of property Sold 0 0.00% (9,462,013) -100.00% Debt Service 305,090 1.53%- 198,650 286.63% TOTAL 19,912,848 100.000/0 (2,824, 190) Expenditures for the 1998-99 fiscal year were $22,737,038 as compared with $19,912,848 for the 1999-00 fiscal year, a decrease of $2,824,190, or 12.4 percent. Although these numbers show a decrease, if the extraordinary item from FY98-99 was there would be an over all increase of $6,637,823 or a 50% increase. This removed considerable increase is due to significant capital improvement project activities that occurred during FY99-00. The following paragraphs discuss the changes in each category. The increase in the General Government category was as a result of various increases and decreases between the various divisions within this category. There was an increase Of $134,599 in City Attorney expenditures. This was due to litigation against the City related to the Redevelopment Agency as well as litigation brought against the State of In California to halt the proposed expansion of the Lanterman Developmental Facility. ; addition to higher legal expenditures due to the proposed Lanterman Developmental Facility expansion, there were also related increases in supplies, various operating . and professional services. There was a reduction in salaries and benefits in expenditures the City Manager's division due to staffing vacancies. The City hada municipal election in 1999 causing an increase in the City Clerk's division. Salaries and benefits in the Finance Division showed an increase due to an increase in staffing levels. -ix- Even though there was a decrease in Public Safety expenditures, the City Council continued its emphasis on traffic safety issues and crime prevention. The traffic safety; emphasis consisted of instituting traffic checkpointsand increased enforcement around F , the City's schools. The Sheriff's Department's contract costs actually showed an increase of $216,910 due to increased contract rates. Last fiscal year saw a tremendous increase in Building and Safety activity due to the construction of a housing tract and the construction of four office buildings. This fiscal,year the Building and Safety activity ✓ normalized and therefore showed a decrease of $299,424. This decrease is offset by a corresponding decrease in related revenues. During FY98-99, the City's street and public works expenditures were lower than FY 99-00 due to the timing of several construction projects. Last fiscal year, even though there were several projects budgeted, the timing was such that the contracts did no f g et , awarded until very late in the year. Therefore most of the work was accomplished this fiscal year. r-; The Community Development category was significantly higher, this fiscal year for several reasons. The primary increase is due to a $670,000 exchange of Proposition A - Transit Funds for general fund money. The increase was also due an increase in the expenditure of Community Block Grant Funds. Increases in -Parks, Recreation, and Culture were due to several different factors. The main reason for the increase was the decision by the City Council to bring the recreation services function in-house. Previously, the City contracted with the City of Brea for recreation services. Expenditures were higher this fiscal year as a result of the transition and initial setup costs. This fiscal year this division also started to create its own recreation activity newsletters and brochures resulting in a related, increase in personnel and printing costs. Reflected in this category is the City Millennium Celebration at a cost of $95,134. Park utility and maintenance costs were also higher this fiscal year. As reflected in the numbers, the City's Capital Improvement Program made great strides this fiscal year. As. stated earlier, the City completed several major road improvement projects, trafficsignal projects, as well as constructing a skateboard park. Major capital outlay items for FY99-00 included the purchase of vehicles, upgrade to the document imaging system and: equipping new City staff with computers and F ,'? miscellaneous equipment. Last fiscal year another category was addedto the expenditure summary. This category, Cost of Property Sold, was an offset to the Proceeds from Sale of Property category in the revenue summary. It was set up to account for activities related two development and disposition agreements entered into by the Diamond Bar Redevelopment Agency. As such, this expenditure was unique to last fiscal year. a J Debt Service requirements were increased as a result of the City redevelopment agency's increased indebtedness. Fund Balances The General Fund ended the 1999-00 fiscal year with a fund balance of $19,055,968. This is an increase of $2,838,768 or approximately 17.5%'increase from the balance at June 30;' 1999.' Ofths, $193,323 is reserved for encumhranc'es. There is $5;693,462 reserved for Advances to the Diamond Bar Redevelopment Agency. 'in addition, there is $114,104 designated for specific projects and programs, including $101,424 for library $13,055,079. service enhancement.This leaves anVndesignated fund balance of 8went a h nae CsMa , The City invests temporarily idle funds in accordance with the Government Code and the investment policy approved by the City Council. During FY99-00, funds were invested in the Loca Agency 1 A en Investment Fund (I AIF), which is administered; by the State Treasurer's Office and a Money Market Mutual Fund account with Well's Fargo Bank. 4 The Cityinvested in LAIF to the maximum balance of $30,000;000, any available cash over and above the LAIF account is invested in the Money Market Mutual Fund. The City manages all of its cash and investments on a pooled basis. Interest earnings are "investment allocated to the various funds based on their share of cash and balances. The average yield on investments managed by the City was 5.7W Plan Defined Benefit Pension The City has contracted with the California Public Employees Retirement System (PERS) to provide retirement, disability,' death and survivor benefits for all eligible full and part-time City employees. The pension benefit obligation was computed as part of an actuarial valuation performed as of June 30, 1998. The total over -funded pension obligation applicable to the City employees was $545,541 at June 130, 1998. The City's contribution to the system based on actuarially determined requirements was $218,050 for FY99-00.' For the three years ended June 30 1998; 1999 and 2000 the total contribution to PERS was 13.65%, 13.16% o and 10.95% respectively, of the annual covered payroll. The total contribution paid by the City included employer contributions as well as member contribution for which the City is contractually'obligated to pay on behalf of its employees. Debt Administration As of June 30, 2000, the City of Diamond Bar had no outstanding general obligation into a lease agreement for financing the bonds. In fiscal year 1994-95, the City entered a acquisition of a telephone system in the amount of $22,356 to be paid in sixty monthly installments that ended in March 2000. L.� Risk Management ti The City of Diamond Bards a member of the California Joint Powers Insurance Authority (CJPIA) for the purpose of pooling its general liability losses and claims with the approximately 83 other member agencies. Each member agency retains the first $20,000 of each claim. Claims above $20,000 are shared by all the member agencies up to a maximum of $50,000,000 per occurrence.' The City has also established a self-insuranceinternal service fund to cover the City's share of any potential losses not covered by the CJPIA, The City Council established 'a policy of annually transferring $100,000 to the fund to create a self-insurance reserve. Policy states that when the reserve reaches $1,000,000, the reserves are deemed to be r sufficient. No transfer was necessary this fiscal year, since the reserves reached that milestone in fiscal year 1998-99. The self-insurance reserve at June 30, 2000 was $1,214,932. Acknowledgements The preparation of this Comprehensive Annual Financial Report on a timely basis was made possible by the dedicatedservice of the City's Finance Department staff, and through the cooperation of the entire City staff Each staff member has my sincere appreciation for the contributions made in the preparation of this°Report. I would also like to thank our independent auditor, Conrad & Associates L.L.P., for its expertise and advice in the preparation of the City's Comprehensive Annual Financial Report. In closing, without the leadership and support of the City Council of the City of Diamond Bar, the preparation of this Report would not have been possible., Sincerely, 1 t James DeStef o Interim City Manager u C: to I Xiv i%ic N + V1 i ' a) U C �. ie i Q? LL tv �. 0 v-. ca an �. O) tZ y >= y H H U 0 Qy7 C H a) >. A •O O N < W CL,. 7 J U J U, U Q O C) N U y � f� tC cz _� O N O �+ E — W Y.. E 0 0 oZf to cu W O_ ` C. L1 • �� V o� . _. CL -� L' O i N : _ •V CV G1 p CL U ° U M u �. U T >Wi � 41 U U CO * _ 0 (), 0_' CD U a) r0. O •�CL E u LU >� O cu u vj i L C E �M i fn . ibiD - V w O .. > N CLO •co ^ .L O CO O 'L i O: O On m a) . U Q �. � 'O 4 U a) W E c• V cSi j 0 Q U U w � Y wJ %� 0 U i ..0 Xiv 8 I I 0 R Certificate of Achievement for Excellence in Financial «_ Reporting Presented to to C* of Diamond d Bar,- v California For its Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 1999 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. asciOF o�F�r �. MUDSTATS W AND w President Executive Director V2 xvi .T -- CONRADAND CERTIFIED PUBLIC ACCOUNTANTS. ASS0 C1A 1 LSA L.L.P. 1100 MAIN STREET, SUITE C IRVINE, CALIFORNIA 92614 (949) 474-2020 Fax (949) 263-5520 Honorable Mayor and City Council City of Diamond Bar Diamond Bar, California Independent Auditors' Report L� We have audited the accompanying general purpose financial statements of the City of Diamond Bar, California as of and for the year ended June 30, 2000, as listed in the table of contents. These general purpose financial statements are the responsibility of the management of the City of Diamond Bar, California. Our responsibilityis to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and the ., standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a, test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the F,- accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of Diamond Bar, California as of'June 30, 2000, and the results of its operations and the cash flows of its proprietary „fund type for the year F' then ended in conformity with generally accepted accounting principles. Our audit was performed for the purpose of forming an opinion on the general purpose' financial statements taken as a whole. The combining and individual field financial statements listed in the table of contents are presented for purposes of additional "analysis and are nota required part of the general purpose financial statements of the City of Diamond Bar, California. Such information, has been subjected to the auditing procedures applied, in the audit of the general purpose financial statements, and in our opinion, is fairly stated in all material respects in relation to the general purpose financial statements taken as a whole. The scope of our audit did not include the supplemental statistical schedules listed in the table of contents and we do not express an opinion on them. In accordance with Government Auditing Standards, we have also issued our report dated September 22, 2000 on our consideration of the City of Diamond Bar's internal control over financial reporting and our tests of its compliance with certain provision of laws, regulations, L- contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with -this report in considering the results of our audit. 4.4, As September 22, 2000 1 MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS 'R; MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION See accompanying notes to the financial statements. 2 Account Groups Totals ener ` ever (Memorandum Only) Fixed Assets Long -Term Debt 2 1 - - 27,300,910 26,257,407 - - 312,941 284,982 389891 309,490 - - 1,292,887 1;177,314 - - 1,685,433 1,809,565 5,693;462 4,556,753 11,134,620 - 11,167,442 7;008,196 F . - 5,845,879 5,845,879 4,703,853 11,134620 5.845,879 53,698,238 46:116.643 1,973,027 1,572,221 - - 126,582 122 670 _ - 264,775 17,126 - - 440,236 250,752 - - 1,292,887 1,177,314 _ 2,425,973 2,231,483 F- - 144,844 151,474 - 152,417 152,417 143,049 - 4,051 - 5,693,462 5,693,462 4,556,753- - 5,845,879 12,514,203 10,226;893 11,134,620 - 11,134,620 7,008,196 - _ 1,292,932 1,100,520 - - 6,033,375 5,269,654 - - 9,733,797 11,175,416 - - 12,989,311 11,335,964 11,1.34,620 - 41,184,035 35,889,750 11,144,620 5,845,879 53,698.238 46.116,643 3 Other revenues Total,revenues 12,870,661 EXHIBIT BB 361,072 19,945,707 1 CITY OF DIAMOND BAR Expenditures: Combined statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types current: Generalgovernment 2868907 4:638:999 - 15,188 Year ended June 30, 2000 2,498,905 4,738,375 Public safety Highway and streets Public works 1,188,335 909,642 581:621 Totals 1,187,265 1,652,524 Community development - Special, Capital`� (Memorandum Only) 1,202,285 397,081 General Revenue_ - Protects ,, 200U 1999 - Revenues: Taxes $ 6294,104 - 6�294,104 5,878,376 299:623 Special assessments Licenses, permits and fees .1 - 547,041 - 1,575,501 .91,225 547,041 553,443 1,666,726 2,147,195 Cost of property sold Intergovernmental 629,212 3,884,132 200,000 3,629,212 556,527 - - 7,713,344 6,535812 556,527 573,449 Fines and forfeits Charges'for services - 1,712,737 1,712,737 481,248 305,090 Proceeds fromsale of property,, eptine 760,874 570,064 64,847 Investmome 54 AdA - 5000 1,395,785 1,191,305 59443 63,309 kl Other revenues Total,revenues 12,870,661 6,713,974 361,072 19,945,707 1 23,52,10,068 Expenditures: current: Generalgovernment 2868907 4:638:999 - 15,188 2,868,907 4,654,187 2,498,905 4,738,375 Public safety Highway and streets Public works 1,188,335 909,642 581:621 909,642 1,769,956 1,187,265 1,652,524 Community development - 859,818 342,1467 1,202,285 397,081 an Parks, recreation d culture 1,713011 92478 - 1,805,489 1,489,708 Capital outlay 137:287 299:623 5,960,382 6,3975292 - 1,204,727 9,462,013 Cost of property sold Debt service: Interest 305,090 305,090 106,440 Total expenditures 10,546,539 2,758,370 6,607,939 19,912,848 22,737,038 Excess (deficiency) of revenues over (under) expenditures 2,324,122 3,955,604 (6,246,867) 32,859 783,030 Other financing sources (uses):, Operating transfers in 868722 4-825014 5,693,736 2,076,231 Operating transfers out (3541:076) (5,472,150) - IJ36,709 (5,826,226) 1,136,709 (2,235,696 3,815,227 Proceeds of advances Total other financing sources (uses) 514,646 (5,472,150) 5,961,723 1,004,219 3,655,762 Excess (deficiency) of revenues and other financing sources over (under) expenditures and other financing uses 2,838,768 (1,516,546) (285,144) 1,037,078 4,438,792 Fund balancesat be tnITte'1 of year, as restated 2) 16,217,200 11,067,034 435,171 27,719,405 23,342,242 Fund balances at end of year 150,027 28,756,483 27,78 1,034 1 See accompanying notes to the financial statements. 4 I I M I CITY OF DIAMOND BAR Combined Statement of Revenues, Expenditures and Changes: in Fund Balances - Budget and Actual All Governmental Fund Types 1 Year, ended June 30 2000 General Variance Favorable Budget Actual (Unfavorable) Revenues: Taxes $ 5,799,000 . 6,294,104 495,104 Special assessments - Licenses, permits and fees 1,539,480 3,028,830 - 1,575,501 3,629,212 36,021 600,382 , Intergovernmental Fines and forfeits 377,500 556,527 179,027 Charges for services Proceeds from sale of property 656,000 - 760,874 104,874 Investment income Other revenues 49,415 54,443 5,028 Total revenues 11,450,225 12,870,661 1,420,436 Expenditures: Current: General government 3,273,819 Public saety 4,709,175 2,868,907 4,638,999 404,912 70_176 Highways and streets - Public works 1,645,216 1,188,335 456,881 Community development 303 Parks, recreation and culture 1,992, 1,713;011 137,287. 279,292 90,014 1 outlay227,301 - Cost of propety sold - - Debt service: _ Interest - - Total expenditures 11,847,814 10,546,539 1,301,275 Excess (deficiency) of revenues over (under) expenditures (397,589) 2,324, 122 2,721 711 } Other financing sources (uses): Operating transfers in 1,092,600 868,722 (223,878) 789,924 Operatingatransfers out (1,144,000) (354,076) Proceeds of advances - - Total other financing sources (uses) (51,400) 514,646 566,046 ss (deficiency) of revenues Excess Exc an other financing sources over (under) expenditures and other fmancing uses (448,989) 2,838,768 3,287,757 Fund balances at be inning of year, as restated note 1 16,217,200 ( 16,217,200 _ Fund balances (deficit) at end of year $15,768,211 19,055,968 3,287,757 See accompanying notes to the financial statements. 5 7 . . I' .,47777. ,'h F. �m 6 EXHIBIT CC Special Revenue Capital Projects aa oalFble Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) 548,652 547,041 ` (1,611) - - - - - - 565,000 91,225 4,181,319 3,884,132 (297,187) - 200,000 200,000 - 1,732,000 1,712,737 (19,263) - - - 517,500 570_064 52_564 64,800 65;807 _ 6,979,471 6,713,974 (265,497 765,000 361,072' 40( 3,928) 33,865 15,188 18,677 - - - 932,310 909;642 22,668 - - - 607,252 581,621 25,631 - - 846,974 859,818 (12,844) 572,920 342,467 230,453 167,740 92,478 75,262 - - - 419,650 299,623 120,027 11,690,631 5,960,382 5,730,249 - - - - 305,090 (305,090) 3,007,791 2,758,370 249,421 12,263,551 6,607,939 5,655,612 3,971,680 3,955,604 (16,07 (11,498,551) (6,246,867) 5,251,684. 9,04,4,032 4,825,014 (4,219,018) (9,281,632) (5,472,150) 3,809,482 `-' - -" - - - 1,592,306 1,136,709 (455,597 (9,281,632) (5,472,150) 3,809,482 10,636,338 5,961,723 4674 615 (5,309,952) (1,516,546) 3,793,406 (862,213) (285,144) 577,069 11,067,034 11,067,034 - 435,171 435,171 - 5,757,082 9,550.488 3,793,406 (427,042) 150.027 577,069 6 EXHIBIT DD CITY OF DIAMOND BAR Combined Statement of Revenues, Expenses, and Changes in Retained Earnings - Internal Service Fund Type Year ended June 30, 2000 X2000 1999 Operating, revenues:' Insurance deposits $ 619790 - Total operating revenues 61,790 - enes: Operating expenses: 52491 Insurance premiums ,' 28 284,400 Depreciation 2,000 _ Total operating expenses 54,491 284,400 Operating income (loss) 7,299 (284,400 Non-operating revenues: Investment income52,623 49,604 Total non-operating revenues 52,623 49,604 Income (lass) before operating transfers 59,92223( 4,796) Operating transfer in 132,490 159,465 Total operating transfers 132,490 159,465 , Net income (loss) 192,412 (75,331) Retained " earnings of beginning of year 1,100,520 1,175,851' Retained earnings at end of year $1,292,932 1,100,520 See accompanying notes to the financial statements. 7 EXHIBIT EE r-, CITY OF DIAMOND BAR Combined Statement of Cash Flows — Internal Service Fund Type Year ended June 30, 2000 2000 1999 Cash flows from operating activities: Insurance deposits $ 61,790 - Insurance payments (226,918 (153,276 Net cash provided by (used for) operating activities165128 153' 276 Cash flows from noncapital financing activities: Cash transferred from other funds 132,490 159,465 Net cash provided by noncapital financing activities 132,490 159,465 Cash flows from investing activities: Interest received from investment 52,623: 49,604 Purchase of equipment (17,027) - Net cash provided by investing activities 35,596 49,604 Net increase in cash and cash equivalents 2,958 55,793 Cash and cash equivalents at beginning of year 1,126,289 1,070,496 Cash and cash equivalents at end of year 1 129 247 L 126.289 i y Reconciliation of net operating income to net cash provided by (used for) operating activities: Operating income (loss) $ 7,299 (284,400) s_ Adjustments to reconcile operating income to net cash provided by (used for) operating activities: Depreciation 2,000 - (Increase) decrease in accounts receivable (141,046) - (Increase) decrease in prepaid insurance (7,612) 107,096 (Decrease) increase in accounts payable (25,769) 24,028 Net cash provided by (used for) operating activities (165,128) 153,276 Noncash investing, capital and financing activities: During the fiscal year ended June 30, 2000, there were no noncash investing, capital or financing activities. See accompanying notes to the financial statements. 8 M CITY OF DIAMOND BAR Notes to the Financial Statements Year ended June 30, 2000 (1) Summary of Significant Accounting Policies (a) Description of the Reporting Entity The ;City ,of Diamond Bar (City) was incorporated April 18, 1989 under the general laws of the State of California. The City operates under the Council - Manager form of government and provides the following services as authorized by its general laws: Public Safety (police), Highways and Streets, Park Facilities, Public Improvements, Community Development (planning, building, zoning) and General Administrative Services. The accounting policies of the City conform to generally accepted accounting principles as applicable to governments. As required by generally accepted accounting principles, these financial statements present the government and its component units, entities for which the government is considered to be financially accountable. The City is considered to be financially accountable for an organization if the City appoints a 'voting majority of that: organization's governing body ;and the City is able to impose its will on that organization or there is a potential for that organization to provide, specific financial benefits to or impose specific financial burdens on the City. ,The City is also considered to be financially accountable if an organization is fiscally dependent (i.e., it is unable to adopt its budget, levy taxes, set rates or charges, or issue bonded debt without approval from the City). In certain cases, other organizations are included as component units if the nature and significance of their relationship with the City are such that their exclusion would cause the City's financial statements to be misleading or incomplete. All of the City's component units are considered to be blended component units. Blended component units, although legally separate entities, are, in substance, part of the government's operations and so data from these units are reported with the interfund data of the primary government. The following organization is considered to be a component unit of the City:, Diamond Bar Redevelopment Agency The Diamond Bar Redevelopment Agency (Agency) was established on February 6, 1996 pursuant to the State of California Health and Safety Code Section 33000 entitled "Community Redevelopment Law". Its purpose is to prepare and carry out plans for improvements, rehabilitation and redevelopment of blighted areas within the territorial limits of the City of Diamond Bar. Even though it is legally separate, it is reported as if it were part of the City because the City Council also serves as the governing board of the Agency. Upon completion, separate financial statements of the Agency can be obtained at City Hall. 9 CITY OF DIAMOND BAR . 11 -11 0 : q recording resources, re area ianiirnes, owigattons, reserves - ana equines segregated for the purpose of carrying out specific activities or attaining certain objectives in°accordance with special regulations; rextrictions. or li'm tations.' The accounting records of the City, are organized on the basis of funds and account groups classified for reporting purposes asfollows: GOVERN MEN TAL FUNDS General Fund The General Fund ,is the general operating fund of the City. All general tax revenues and other receipts that are not allocated bylaw or contractual agreement to some other fund are accounted for' in', this' fund" Expenditures of this fund ` include the general operating expenses and capital` improvement costs which are nbt paid through other funds. Special Revenue Funds The Special Revenue Funds are used to account for proceeds of specific revenue sources that are restricted by law or administrative action for specific purposes. Funds Capital Project Capital Project Funds are used to account for financial resources to be used for the acquisition, construction or improvements of major capital facilities and infrastructure. '9 PROP RIETARY FUNDS The City applies all applicable GASB pronouncements in accounting and ; reporting,for its ro riet o erations as well as the follo p p ary p wing pronouncements issued on or before November 30; 1989, unless these pronouncements conflict with or contradictGASB pronouncements. Financial Accounting Standards Board (FASB) Statements and Interpretations, Accounting Principles Board (APB) Opinions, and Accounting Research Bulletins (ARBs) of "the Committee on Accounting Procedures. Proprietary funds include the following fund type: io 7" 7 :7777777777 CITY OF DIAMOND BAR Notes to the Financial. Statements (Continued) (1) Summary of Significant Accounting Policies,, (Continued) Internal Service Fund F ,;t The 'Internal Service Fund is used to account for goods and services provided by one department to other departments on a cost reimbursement basis. ACCOUNT GROUPS General Fixed Assets Account .Group The General Fixed Assets Account Group is used to account for the costs of fixed assets acquired to perform general government functions. a Assets purchased are recordedas expenditures in the governmental fluids and capitalized at cost in the general fixed assets account group. Contributed fixed assets are recorded in the general fixed assets 'account group at their estimated fair market value when received.: Fixed assets acquired under a capital lease are recorded at the net present value of the future minimum lease payments. Fixed assets consisting of certain improvements other than buildings, including roads, bridges, curbs and gutters, streets and sidewalks, ,drainage systems and lighting systems, have not been capitalized. Such assets normally are immovable and of value only to the City. Therefore, the purpose of stewardship for capital expenditures is satisfied without recording these assets. Nodepreciation has been provided on general fixed assets. General Long -Term Debt Account Group The General Long -Term Debt Account Group is used to account for all long-term debt' of the City, except debt accounted for in the proprietary funds. (c) Measurement Focus and Basis of Accounting ..� Governmental (general, special revenue, and capital projects) field types are accounted for on a "spending" measurement focus. Accordingly, only current assets and current liabilities are included on their balance sheets. The reported fund balance provides an indication of available, spendable resources. Operating statements for governmental fund types report increases (revenues) and decreases (expenditures) in available spendable resources. L �� i l (d) Budgetary Data The City adopts an annual budget prepared on the modified accrual basis for all of its governmental funds. Revisions that alter the total appropriations of ,any funds must be approved by City Council.. Prior year appropriations lapse unless they are reappropriated through the formal budget process. = Expenditures may not legally exceedappropriations at the fund level. During the year, there were supplemental budgetary appropriations amounting to $3,864,098. '12 CITY OF DIAMOND BAR Notes to the Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) fund for "income The proprietary (internal service) types are accounted on an determination" or "cost of services" measurement focus. Accordingly, all assets and liabilities are included on the balance sheet, and the reported fund equity provides an indication of the economic net worth of the fund. Operating statements for proprietary fund types report increases (revenues) and decreases (expenses) in totaleconomic net worth. Agency funds are custodial in nature (assets equal liabilities) and do not involve measurement of results of operations. The modified accrual basis of °accounting. is °followed by 'the governmental and agency funds. Under the modified accrual basis of accounting, revenues are susceptible to accrual when they become both measurable and available. Available means collectible within the'current period or soon enough thereafter to be used to pay, liabilities of the current period. Expenditures, other than interest on long-term debt, are -recorded when a current liability is incurred. Liabilities are considered current when they are normally expected to be liquidated with expendable 'available financial resources. Taxes, subventions, entitlements, and taxpayer -assessed tax revenues held at year- 'as end by an intermediary'collecting government are recognized revenue under the modified accrual basis of 'accounting. Reimbursement grant revenues are recognized' when the related expenditures are incurred. Revenuesfrom the use of ` money and,property are recorded when earned. Licenses, permits,, fines; forfeitures, charges for services, and miscellaneous revenues are recorded as governmental fund revenues when received in cash because they are generally not'measurable until actually received. The accrual basis of accounting is utilized by the proprietary funds. Revenues are recognized when they are earned and expenses are recorded when the related liability is incurred. Unbilled service receivables, if material, have been, reflected in the financial statements. (d) Budgetary Data The City adopts an annual budget prepared on the modified accrual basis for all of its governmental funds. Revisions that alter the total appropriations of ,any funds must be approved by City Council.. Prior year appropriations lapse unless they are reappropriated through the formal budget process. = Expenditures may not legally exceedappropriations at the fund level. During the year, there were supplemental budgetary appropriations amounting to $3,864,098. '12 CITY OF DIAMOND BAR f- Notes to the Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (e) Interfand Transfers Nonrecurring transfers of equity between funds are reported as an adjustment to beginning fund balance. Operating, transfers are reported.as other sources and uses of funds in the statement of revenues, expenditures, and changes in fund balances for governmental fund types. (f) Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order; to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary control in the governmental funds. Encumbrances outstanding at year- end do not constitute expenditures or liabilities, but are reported asreservations of fund balance. (g) Cash and Investments _ Investments are reported in the accompanying balance sheet at fair value. Changes in fair value that occur during a fiscal, year are recognized as investment income reported for that fiscal year. Investment income includes interest earnings, changes in fair value, and any gains or losses realized upon the liquidation or sale of investments. The City pools cash and investments of all funds. Each fund's share in this pool is displayed in the accompanying financial statements as cash and investments. Investment income earned by the pooled investments is allocated to the various funds based on each fund's average cash and investment balance, except for $760,874 of investment income(associated with funds not legally required to receive pooled investment income) that ihas been assigned to and recorded as revenue of the general fund, as provided by California Government Code Section 53647. (h) Cash Equivalents For purposes of the statement of cash flows, cash equivalents are defined as short- term, highly liquid investments that are both readily convertible to known amounts of cash or so near their maturity that they present insignificant risk of changes in value because of changes in interest rates, and have an original Maturity date of 3 months or less. iCash equivalents, also, represent the proprietary Rinds ' share in the cash and investment pool of the City of Diamond Bar. 13 i CITY OF DIAMOND BAR" Notes to the Financial Statements (Continued)" (1) Summary of Significant Accountin�,Policies, (Continued) Other Governments (i) Due from The amounts recorded as a receivable due from. other,governments include sales taxes; property taxes, and "grant revenues, collected or provided by Federal, State, County, I and City Governments and d"ii to" the City as , June 30, 2000. The County- of Los Angeles assesses, bills, and collects property taxes for the City. (j) Employee Leave Benefits Vacation and " sick' 'leave time` begin to accumulate as of the first day of employment to: a maximum of 160 hours. Employees who accumulate sick leave in excess of'1601hours are paid for the ,excess` annually -at one Half the employee's current wage rate. In Igovernmental fund types the cost of vacation and sick leave benefits is recognized when payments are made to employees.' A long-term liability of $152,417 of accrued benefits has been recorded by using the vesting method in the long-term debt account group representing the City's commitment to fund such costs from future operations. (k) Claims and Judgments The City records a iiability for material" litigation, judgments, and claims (including incurred but not reported' losses) when it is probable that an asset has been impaired or a material liability has been incurred prior to year end and the probable amount of loss (net "of any insurance coverage) can be reasonably ' estimated. (1) Capital Projects Capital projects expendituresinclude public domain or infrastructure projects which Are: capitalized as additions to general fixed assets: (m) Postemployment Benefits, The City does not provide postemployment benefits (other than pension benefits) " for its "employees. (n) Property Taxes Under California.law, prapertyaaxes are assessed and collected by the counties up to 1% of assessed value, plus other 'increases `approved'; by" the voters. The property taxes go into a pool, and are then allocated to the cities based' on complex formulas. Accordingly, the City of Diamond Bar accrues` only those taxes which are received within 60 days after year end. 14 r !77777 1 .7 77r CITY OF DIAMOND BAR Notes to the Financial Statements (Continued) (1) Summary of Significant Accounting Policies, (Continued) (n) Property Taxes, (Continued) The property tax calendar is as follows:. Lien Date: March 1 Levy Date: July 1 d Due Date: First Installment - November 1 Second Installment - February 1 Delinquent Date: First Installment - December 11 Second Installment April 11 Taxes are collected by Los Angeles County and are remitted to the City periodically. Dates and percentages areas follows: December 10 30% Advance January 16 Collection No. 1 April 10 100/6 Advance May 15 Collection No 2 July 31 Collection No. 3 (o) Fixed Assets Fixed assets are not capitalized in the funds used to acquire or construct thein. Instead, capital acquisition and construction are reflected as expenditures in governmental funds, and the related assets are reported in the general fixed assets account group. All purchased fixed assets are ,valued at cost where historical � records are available and at an estimated historical cost where no historical records exist. Donated fixed assets are valued at their estimated fair market value on the date received. The costs of normal maintenance and repairs that do not add to the value of the u; asset or materially extend asset lives are not capitalized. Improvements are capitalized and depreciated over the remaining useful lives of the related fixed assets, as applicable. Public domain ("infrastructure") general fixed assets consisting of roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems are not capitalized, as these assets are immovable and of value only to the government. Assets in the general fixed assets account group are not depreciated. (p) Proprietary Funds Fixed Assets Fixed assets of the City's proprietary funds (i.e., Equipment Replacement Fund) are recorded at historical cost or estimated fair market value at the •date of contribution. 15 CITY OF DIAMOND -BAR N bies to 'the Financial Statements (Continued) Summary of Significant Accounting Policies, (Continued) (p) Proprietary Funds Fixed Assets, (Continued) Depreciation has b,eeh provided over the estimated useful life using the straight- line method. The estimated useful lives are as follows: Automobile Equipment 5 Years (q)Comparative�l Data Comparative total data for ,the prior year have been presented in the order id accompanying, financial' statements in or d to provide an 'understanding of changes in the City's financial position and, operations., However, comparative (i.e., ]presentation of !prior year totals by fund type), data have not been presented in each of the:statements since their inclusion would m'ake the statements unduly complex and difficult to read. Certain minor reclassifications of prior year data have beery �made jn order to enhance their comparability with current year figures. (r) Memorandum Only Totals I it 11 a I a r, B I 16 CITY OF DIAMOND BAR Notes to, the Financial Statements (Continued) (2) Cash and Investments, (Continued) The City is generally authorized under Section 53601 of the California Government Code and the City's investment policy to invest in the following types of investments: Medium term corporate notes Demand deposits with financial institutions Passbook savings accounts Certificates of deposit U.S Treasury bills and notes Bankers' acceptances Commercial paper State Treasurer's Investment Pool Repurchase Agreements Negotiable certificates of deposit Money market funds Federal Agency Securities Under the California Government Code, a -financial institution is required to secure deposits made by state or local governmental units by pledging securities held in the form of an undivided collateral pool. The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure City deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. Deposits of cities and other state or local governments are classified in three categories to give an indication of the level of credit risk assumed by the City. Category 1 - includes deposits that are insured or collateralized with securities held by the City or its agent in the City's name. Category 2 includes deposits collateralized with securities held by the pledging financial institution's trust department or agent in the City's name. Category 2 also includes deposits collateralized by an interest in an undivided collateral pool held by an authorized Agent or Depository and subject to certain; regulatory requirements under State law. Category 3 - includes deposits collateralized with securities held by the pledging financial institution, or by its trust department or agent but not in the City's name. Category 3 also includes any uncollateralized deposits'. 17 CITY OF DIAMOND BAR Notes to the Financial Statements' (Continued) (2) Cash and Investments, (Continued) are in risk follows: Deposits held by the City as of June 30, 2000 classified categories as Category Bank Carrying � Form of Deposit 1 2 3 Balance _ Amount�� Demand deposits $100,000 201,510 - 301,ST0 353,176 Certificate of deposit 100,000 964,051 - 1,064,051 1,064,051 � V Total deposits M0.000 1.165:561' - L565 1,417,227 L, Investments held by the City as of June 3k12000 are not classifiedby custodial risk because they do not represent a direct investment in securities. Carrying Amount Investments held by City not subject to categorization: Investment in State Treasurer's Investment Pool $24,912,483 Money market mutual fund 970,900 Total investments 25.883,383 The carrying amount of all investments in the above table is at fair value. The City is a voluntary participant in the Local Agency Investment Fund (LAIF), which is the state treasurer's investment pool, that is regulated by California Government Code Section 16429 under, the oversight of the Treasurer' of the, State of California: The fair value of the City's investment in this pool is reported in the accompanying financial $ statements at amounts based upon the City's pro -rata share of the fair value of the entire LAIF portfolio (in relation`to the amortized cost of that portfolio). The balance available for withdrawal is' based on the accounting' records maintained by LAIF, which are recorded on an amortized cost basis. Included in LAIF's investment portfolio are Collateralized mortgage obligations, mortgage-backed securities, other asset-backed securities, loans to certain state funds, and floating rate securities issued by federal agencies, government-sponsored enterprises, and corporations. 18 _ u_ ..� .� � .,�� . �,�.� � - •_ems . __ CITY OF DIAMOND BAR , Notes to the FinancialStatements (Continued): (3) Fixed Assets A summary of changes in general fixed assets follows: Balance at Balance at July 1, 1999 Additions Deletions June 30, 2000 Land $1,569,898. 3,600,000 - 5,169,898 Buildings 1,159,345 - - 1,159,345 Improvements other than buildings 2,915,351 - = 2,915,351 Vehicles and equipment 1,164,874 164,141 - 1,329,015 Furniture and fixtures 198,728 26;963 ` - 225,691 Construction in progress - 335,320 - 335,320 Total $7,008,196 4,126.424 - 11.134,620 A summary of proprietary type fixed assets at June 30, 2000 follows: Internal Service Machinery and equipment $ 34,822 Less accumulated depreciation (2,000) Total 32 822 (4) General Long -Term Debt Changes in general long-term debt for the year ended June 30, 2000 were as follows: Balance at Balance at July 1, 1999 _Additions : Retirements , June 30, 2000 City Compensated absences payable '$ 143,049 9,368 - 152,417 try Obligations under capital lease 4,051 - 4,051 - Redevelopment Agency: Advances from other (ands 4,556,753 1,136,709 = 5,693,462 Total 4 703 853 1,146,077 4,051 5845,879 19 i i CITY OF DIAMOND BAR Notes to the Financial Statements ;�II (Continued) (5) Obligations Under Capital Lease Telephone System The City has entered into a lease >agreement as lessee for financing the acquisition of a telephone system in'the amount of$22,356 to be paid in sixty monthly installments ended in March 2000. This lease agreement qualifies as a capital lease for accounting purposes and, therefore, has been recorded at the present value of the future minimum lease payments as of the inception date in the general fixed assets account group. Payments of principal and interest are made from the General Fund.: (6) Advances From/to Other Funds During the fiscal year ended June 30, 2000, the General Fund has advanced a total of $1,136,709 to the Redevelopment Agency Capital Projects Fund for various start up costs. The following represents aumrriary of these transactions: Balances at Balances at July 1, 1999 Proceeds Repayments. June 30, 2000 Agency , ex enditures g Y p incurred by the City 4 556 753 " 1 136,709 - 5,693.462 Repayment of advances is not required until funds become available to the Agency. Interest accrues on advances at the average daily rate earned on investments held in the State Treasurer's investment pool. (7) Obligations Under Operating Leases The City leases building and office facilities under noncancelable operating leases. The notal costs for such leases were $251,588 for the year ended June 30, 2000. The future minimum lease payments for the lease of building and office facilities are as follows: Year ending, June 3 0 2001 $248,288 j 2002 260,915 2003 14,700 2004 14,700 2005 12,250 Total $550,853 j 20 �s CITY OF DIAMOND BAR Notes to the Financial Statements (Continued) (8) Reserves and Designations of Fund Balances The City established "reserves" of fund equity to segregate fund balances which are not appropriable for expenditure in future periods, or which are legally set aside for specific future use. Fund "designations" also may be, -established to indicate tentative plans for financial resource utilization in future periods. Fund balances at June 30, 2000 consisted of the following reserves and designations: aSpecial Capital Total General Fund Revenue Proiects (Memorandum Only) F : , Reserved for: Encumbrances $ 193,323 69,926 76,664 339,913 Advances to the Diamond Bar Redevelopment Agency 5,693,462 - - 5,693,462 5,886,785 69,926 76;664 6,033,375 Unreserved: Designated for: Specific projects and programs 114;104 9,480,562 139,131 9,733,797 Undesignated 13,055;079 65768 12,989,311 13,169.183 9,480;562 73,363 22,723,108 Total fund balances $19,055,968 9.550.488 150.027 28.756.483 _.. (9) City Employees Retirement Plan F Plan Description The City of Diamond Bar contributes to the California Public Employees >Retirement System (PERS), an agent multiple -employer public employee defined benefit pension plana PERS provides retirement, disability benefits, and death benefits to plan members and beneficiaries. PERS acts as a common investment and administrative agent for participating public entities within the State of California. Copies of PERS' annual financial report may be obtained from its executive office: 400 "P" Street, Sacramento, California 95814. E 21 G CITY OF DIAMOND BAR' Notes to the Financial Statements' (Continued) 9) City Employees Retirement Plan, (Continued Funding Policy Participants are "required to contribute 7% of their annual covered salary. The City makes the contributions required of City` employees on their behalf and for their account. For the year ended June 30, 2000, the amount contributed by the City on behalf of the employees was $140,829. The City is required to contribute at an actuarially determined rate calculated -as a percentage of covered payroll. The employer contribution rate for the year elided June 30 2000 was 3.954% for miscellaneous employees. Police and fire protection services are contracted services from outside agencies. Accordingly, no eontribution is required for police'and fire protection services. Benefit provisions and all other, requirements are established by state statuteand city contract with ,employee bargaining groups. Annual Pension Cost (APC) For the year ended June 30 2000, the City's annual pension cost (employer contribution) of $77,221 for miscellaneous employees was equal to the City's required and actual contributions.' The required contribution was determined as part of the June 30, 1998, actuarial valuation using the entry age normal actuarial cost method. Paragraph 9 of GASB No. 27 requires that the annual required contribution reported for.the current year should: be based on the results of an actuarial valuation performed as of a date not more than 24 months before the beginning of the employer's fiscal year. Paragraph 22 of GASB Statement No. 27 requires that agent employers also disclose actuarial information f r the' most recent actuarial valuation Ano fu, 1 1 f f J 30 199911 ac aria va ua ion as o une , as not yet been completed and made available by PERS to the City. The actuarial assumptions included (a) 8.25% investment , rate of return (net, of administrative expenses), (b) projected annual salary increases that vary by duration of `service, and (c) 2% per year cost -of -living adjustments. Both (a) and (b) included an inflation component of 3.5%. The actuarial value of PERS assets was determined using techniques that smooth the effects of short-term volatility in the market value of investments over a four-year period (smoothed market value). ' PERS' unfunded actuarial accrued liability is being amortized as a level percentage of projected payroll on a closed basis. PERS has combined the prior service unfunded liability and the current service unfunded liability into a single initial unfunded liability. The single funding horizon for thi's initial unfunded liability is June �0, 2019: Miscellaneous Employees Three -Year Trend Information Annual Pension Cost Percentage of Net Pension Fiscal Year (Employer Contribution) APC Contributed Obligation _ 6/30/98 $95,149 100% $0 6/30/99 92,239 100% 0 6/30/00 77,221 100% 0 22 CITY OF DIAMOND BAR Notes to the Financial Statements (Continued) (9) City Employees Retirement Plan, (Continued) Required Supplementary Information Entry Age Normal Actuarial Unfunded Annual UAAL as y; Actuarial Accrued Value Liability/ Funded Covered a % of Valuation Date Liability'of Assets (Excess Assets) , Status Payroll Payroll 6/30/96 $1,149,112 $1,260,660 $(111,548) 109.7% $1,306,702 (8.537%) 6/30/97 1,334,707 1,656,895 (322,188) 124.1% 1,4.11,740 (22.822%) = 6/30/98 1,661,909 2,207,450 (545,541) 132.8% 1,392,605 (39.174%) (10) Due From and To Other Funds Current interfund receivables and payables balances at June30, 2000 areas follows: Due Due from to Other Funds Other Funds en General fund $ - 828,268 Special revenue funds: State gas tax - 32,164 ISTEA - 394,936 Park and facility development - 3,541 Community development block grant - 33,978 Capital projects funds: Capital improvement 561,106 - Redevelopment agency. 731,781 Total $1,292,887 1,292,887 -' (11) Claims and Judgments The City is a member of the California Joint Powers Insurance Authority (Authority). The Authority is composed of 84 California public entities and is organized under a joint powers agreement pursuant to California Government Code Section 6500 et seq. The purpose of the Authority is to arrange and administer programs for the pooling of self- insured losses, to purchase excess insurance or reinsurance, and to arrange for group - purchased insurance for property and other coverages. The Authority's pool began covering claims. of its members in 1978. Each member government has an elected official as its representative on the Board of Directors. The Board operates through a 9 - member Executive Committee. F.r 23 24 CITY OF DIAMOND BAR Notes to the Financial StatementsLi (Continued). , i (11) Claims and Judgments, (Continued) (a) City's Participation in Self -Insurance Programs of the Authority - General Liability The City pays a primary deposit to cover estimated losses fora fiscal year (claims year): Six months after the close of a fiscal"year, outstanding claims are valued. A retrospective deposit computation is then made .for each open claims year. Costs ,are spread to members ` as follows: 'the f rst $20,060 : of each occurrence is chargeddirectly to the City; costs from. $20,001 to $500,000 are pooled based on a members share of costs under $20,000;" costs from $500,001 to $5,000,000 are pooled based on payroll. Costs of covered claims above $5,000,000 are currently, paid by reinsurance. ,The protection for the City is $50000,000 per occurrence and $50,000,000 aru�ual'aggregate. Property Insurance The City participates in the all-risk property protection program of the Authority. This insurance protection is underwritten by several insurance companies. The City's property is currently insured according to a schedule of covered property submitted by the City to the Authority. Total all-risk property insurance coverage is $100,000,000 per occurrence. There is a $5,000 per loss deductible. Premiums for the covers a are aid annually slid are riot'sub'ec g P y t' 6 retroactive adjustments. Fidelity Bonds The City purchases blanket fidelity bond coverage in the amount of $1,000,000 with a $5,000 deductible. The fidelity coverage is provided through the UA Authority. =Premiums are paid annually and are not" subject 'to retroactive adjustments. (c) Adequacy of Protection During the past three fiscal (claims) years none 'of the above programs of protection have had settlements or, judgments that ,exceeded pooled or insured coverage. There have been no significant" reductions in pooled or insured liability coverage from coverage in the prior year. r 24 1 11 CITY OF DIAMOND BAR Notes to the Financial Statements .:> (Continued) (12) Restatement of Beginning Fund Balances The accompanying financial statements reflect an adjustment which resulted in a restatement of beginning fund balance of the COPS Fund in the Special Revenue Fund. (a) The City has decreased its beginning COPS fund balance (a special revenue fund) for the over -accrual of revenue for the Local Law Enforcement Block Grant. Special Revenue Fund Type r - Fund balance as previously reported, June 30, 1999 $11,128,663 (a) Adjustment to the over -accrual of revenue (61,629) Fund balance as restated, July 1, 1999 1 l 067 034 (13) Individual Fund Disclosures (A) Expenditures exceeded appropriations in individual funds for the year ended June F . 30, 2000 as follows: Excess Budget Actual Expenditures Special Revenue Funds: Community Development Block Grant Fund 176 974 189,818 12 844 �d (B) Deficit fund balances at June 30, 2000 were as follows: Fund Balance Deficit Capital Projects Funds: Capital Improvement Fund 65 76$ The deficit in the Capital Improvement Fund will be funded by future year allocations from Los Angeles County. (14) Contingent Liabilities The City is a defendant in various litigation arising in the normal course of operations. In the opinion of management and counsel, the outcome is not expected to materially adversely affect the financial position of the City. R,;. 25 CITY OF DIAMOND BAR EXHIBIT A-1 General Fund Comparative Balance Sheets Juneh30, 2000 a, 2000 1999 ' Assets Cash and investments $15,176,278 12,766,083 Accounts receivable 170,054 259,729 Interest receivable 377,860 304,685 Due from employees i 891 9 490 Due from other funds 76,635 Due from other governments 1,029,524 1,126,947 Advances to other funds 5,693,462 4,556,753 Total assetsr 22 449 069. 19.100.322 ; Liabilities and fund equity Liabilities: Accounts payable $ 1,261,998 1,220,177 Accrued payroll _ 119,667 117,106 g Retentions payable - 300 Deferred revenue 440,236 144,824 Due to other funds 828,268 852,273 Deposits 742,932 548,442 Total liabilities 3,393,101 2,883,122 Fund equity: Reserved for: Debt service 4,051 9 Encumbrances 193,323 209,713 Advances to the Diamond Bar Redevelopment Agency 5,693,462 4,556,753 Unreserved: Designated for: Specific projects and programs 114,104 110,719 Undesignated 13,055,079 11,335,964 Total fund equity 19,055,968 16,217,200 Total liabilities and fund equity q tY $22.449.069 19:,100.322 27 EXHIBIT A-2 CITY OF DIAMOND BAR . General Fund Schedule of Revenues - Budget and Actual Year ended June 30, 2000 28 Variance - s-, Favorable 1999 Budget Actual {Unfavorable) Actual _j Taxes: Real estate transfer tax $ 190,000 269,390 79,390 215,153 Sales and use tax 2,500,000 2,814,441 314,441 2,666,743 Franchise fees 650,000 684,684 34,684- 667,268 Transient occupancy tax 380,000 480,160 100,160 338,725 wWy Property tax allocation 2,079,000 2,045,429 (33,57 1;990,487 Total taxes 5,799,000 6,294,104 495,104 5,878,376 Licenses, permits and fees 1,539,480 1,575,501 36,021 2,145,623 Intergovernmental: Motor vehicle in lieu tax 2,550,000 3,142,078 592,078 3,309,862 r> Homeowners exemption 30,000 33,341 3,341 34,171 Off highway tax 1,800 1,148 (652) 2,074 d Grants 447,030 452,645 5,615 - Total intergovernmental 3,028,830 3,629,212 600,382 3,346,107 Fines and forfeits 377,500 556,527 179,027 573,449 -. Investment income 656,000 760,874 104,874 596,019 Other revenues: Rental income 30,000 40,438 10,438 27,796 q Donations - 3,915 _._ . _ 4,240 325 4,149 Miscellaneous 15,500 9,765 (5,735 29,364 J� Total other revenues 49,415 54,443 5,028 61,309 Total revenues $i 1,450,225 12,870,661 1,420.436 12.600.883 28 e;y CITY,OFbIAMOND $AR EXHIBIT A-3 General Fund A Schedule of Expenditure - Budget and Actual Year `ended June 30, 2000 Variance - Favorable 1999Lj Budget Actual (Unfavorable) Actual General government: City Council $ 158,570 155 2733)297 ` 155,767 City Manager372,040 371,652 388 419,538 City Clerk ' 270,850 245,429 25,421 202118, Finance City Attorney 287,100 464,348 265,045 397;537 22,055 66,811 224,212. 262,938 Planning 486,987 445,476 41,511 378,279 Community development 62,950 43;671 19,279 General govenunent Communication and marketing, 762,554 408,420 643,053 301,771 119,501 1063649 ' 516,787 339,266 Total general government 32273,819 2,868,907 404,912 2,498;905' '' Public:safety: Law enforcement 4,169,300 4,090,001 79,299 3,872,174 Fire 7,360 7,359 1 7,359 Building and safety 428,000 448,101 (20,101) 747,374 Animal control .. ; 66,006 65,244 756 61,927 Emergency preparation 38,515 28,294 10,221 26,512 Total public safety 4,709,175 4,638,999 70,176 4,715,346 Public works 1,645,216 1,188,335 456,881 1,224,045 Parks, recreation, and culture 1,992,303 1,713,011 279,292 1,464,357 Capital outlay 227,301 137,287 90,014 361,018 Total expenditures $11,847.814 1.0,546;539 1,301,275 10:263.67.1 29 a y SPECIAL REVENUE FUNDS Special Revenue Funds are used to account for specific revenues that are legally restricted to expenditure for particular purposes. The City of Diamond Bar has thirteen Special Revenue Funds: State Gas Tax Fund - To account for state gasoline taxes received under Sections 2105, 2106, 2107 and 2107.5 of the Streets and Highways Code. State law requires that these revenues be utilized solely for street related purposes. Proposition A Transit Fund - To account for the receipt and expenditure of the City's share of the V2 cent sales tax levied in Los Angeles County for local transit purposes. Proposition C Transit Fund To account for the receipt and expenditure of Proposition C funds from the Los Angeles County Metropolitan Transportation Authority for the City's transit and " transit -related improvement projects. Intermodal Surface Transportation Efficiency Act (ISTEA) Fund - To account for the receipt and disbursement of funds received under the Federal Intermodal Surface Transportation Efficiency Act (ISTEA) of 1991 program. This program is administered by the State of California Department of Transportation for improvement of streets and roadways. Integrated Waste Management Fund - To account for revenues and expenditures related to the City's waste reduction efforts as related to AB939. Air Quality Improvement Fund - To account for motor vehicle registration fees received from the South Coast Air Quality Management District to reduce air pollution from motor vehicles pursuant to the California Clean Air Act of 1988. Bicycle and Pedestrian Fund - To account for revenues and expenditures related to the receipt of state funds allocated for the purpose of the construction of bike and pedestrian paths. . Park Fees Fund - To account for revenues received and expenditures made for park development -, and improvement. The primary source of revenue is park development fees collected from developers under the State of California's Quimby Act. Park and Facility Development Fund - To account for the development and enhancement of the City's parks. Community Development Block Grant Fund To account for the City's allotment of CDBG funds from the federal government via the County of Los Angeles Community Development Commission. These funds are used to fund community development programs and projects benefiting low and moderate income citizens. Citizens Option for Public Safety Fund (COPS) To account for COPS grants received from both the state and federal government. The purpose of these funds are to enhance the City's u public safety budget and to fund special public safety related projects. Asset Seizure Fund - To account for Narcotics Asset Forfeiture funds received from the federal government. It is required that these funds be used to enhance drug and law enforcement activities. 4 Landscape Maintenance Districts Funds - To account for revenues and expenditures related to the special property tax assessments which were set up in accordance with the Landscape and Lighting Act of 1972. The purpose of these districts is to improve the landscaping of City owned medians and hillsides. 30 31 ,77 LJ I I I I q I 1 11 I I I A CITY OF DIAMOND BAR— ­— Special Revenue Funds Combining Balance Sheet June 30,20DO, Integrated,', Bi cle Cy State Prop. A Prop. C , 1 Waste 5 Air Quality and Gas Tax Transit jMng! ISTEA, Managerne Imnrovemertt Pedestrian Assets Cash and investments $2,065,0.72 1,542,295 1,391,0195., 273"027 153,748 Accounts receivable 1,841, Due from other governments 102,248 -394,936 16,602 Total assets !LM 320 334,936 4 8-68 '.127035 Liabilities and fund balances Liabilities: Accounts payable, $ , 106,094 13,348 722 Accrued payroll 2,252 1,144 Retentions payable - Due to other funds 32,164 394,936 Due to other governments Total liabilities 32,164 108,346 394,936 14,492 722 Fund balances: Reserved for: Encumbrances 15,441 26,163 Unreserved: Designated for: Specific projects and programs 2,135,156 1,433,949 1,391,095 244,935 143,465 Total fund balances 2,135,156 1,433,949 1,391,095 260,376 169,628 Total liabilities and fund balances 2 167 320 1 54229513§1.095394.936 27_4 868 170.350 31 ,77 LJ I I I I q I 1 11 I I I A EXHIBIT B-1 x: Park and Community Landscape Park Facility Development Asset Maintenance Totals -' Fees - Development Block Grant COPS Seizure District 2000 1999 _ 2,434,653 - 185,819 338,195 1,208,343 9,592,247 10,901,601 1,841 25,253 62,466 65,026 - 14,631 655.909 682,618 - 2.434.653 62.466' 25 845 338 195 1 222 9 0 249 9 7 11 60 472 _ - 11,038 4,791 76,782 212,775 133,896 - 2,250 - - 1,269 6,915 5,564 _ 15,200 _ _ - 15,200 - 3,541 33,978 - - - 464,619 325,041 16,308 _ 3,541 - 62,466 4,791 - 78,051 699,509 480,809 28,322 69,926 203,097 2,431,112 ,. - 246,054 338,195 1,116,601 9,480,562 10,925.566 2,431,112 246,054 338,195 1,144,923 9,550,488 11,128,663 2 434.653 b2:466 250.845 338.195 1 2. 22.974 10.249.997 11.609.472 �J 3.2 CITY OF DIAMOND BAR Special Revenue Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2000 Integrated Bicycle State Prop: A Prop. C Waste AirQuality and Gas TaxTransit Transit IS TEA Management Imarovement Pedestrian Revenues S ectal assessments $ Inter g overnmental. 1,165,503 698,687 581,145 752,327 41 270 > 64,382. 20,417 Charges for services - 436,530 - _ 69,201 - - Investment income 167,296 88,294 101,710 13,343' 8,659 1,330 Other revenues _ Total revenues 1,332,799 1,223,511 682.855 752,327 123,814 73,041 21,747 Expenditures: Lj Current Public safety _ - - El;- Highways and streets 909,642 Public works 18,947 - Community development - 670,000 - _ - c, recreation and ulture - 19,927 - _ 72,551 - Capital outlay - 85,161 Total expenditures - 1,599,569 _- - 72,551 104,108 - Excess (deficiency) of revenues over (under) expenditures 1,332,799 376 058 682,855 752,327 51,263- 3_( 1.,067) 21,747 Other financing sources (uses): 3 Operating transfers out (2,611,283) 141 861) (1331,763 752327 - (36.261 Total other financing sources (uses) (2,611,283)141 861 l 331 763 (752,327 - - 3{ 6,261) Excess (deficiency) of revenues and other " financing sources over (under) expenditures and other financing uses (1,278,484) (517,919) (648,908) - 51,263 (31,067) (14,514) Fund balances at beginning of year, as restated 3,413,640 1,951,868 2,040,003 209,113 200,695 14,514 Fund balances at end of year $2,135,156 1.433.949 1.391.095 - 260 376 169.628 33 EXHIBIT B-2 (182,389) 9( 6,994) (176,096 (139,194 (171,155) 1,000,100 - 37,457 171,155 1.431,012 2.431. t 12 0 208,597 246':054 (3,982 11,982 Park and Community 1,100,224 338:195 Landscape Park Facility Development Asset Maintenance Totals Fees Development Block Grant COPS Seizure Districts 2000 1999 - - 547,041 547,041 553,443 365,914 194,487 - - 3,884,132 3,189,705 7,006 1,200,000 - 1,712,737 481,248 4,228 93;094 - 13,277 18,501 60,332 570,064 560,103 2,000 11,234 1,293,094 365,914 207,764 18,501 607,373 6,713,974 4,786,499 _ - 12,651 2,537 - 15,188 23,029 - 909,642 752,555 - - 562,674 581,621 425,746 189,818 - 859,818 - 136,980 25,351 - - 196,000 - 18,462 - - 299,623 36,808 196,000 189,818 31;113 2,537 562,674, 2,758,370 1,400,469 11,234 1,097,094 176,096 176,651 15,964 44,699 3.955,604 3,386,030 182 389 (96,994 176096 (139,194 (3,982) (5,472,150) (1,945,338) (182,389) 9( 6,994) (176,096 (139,194 (171,155) 1,000,100 - 37,457 171,155 1.431,012 2.431. t 12 0 208,597 246':054 (3,982 11,982 44,699 326.213 1,100,224 338:195 1 144.923 34 (5,472,150) (1,945,338) (1,516,546) 1,440,692 11,067,034 9,687,971 9.550.488 l l t28 663 1 CITY OF DIAMOND BAR EXHIBIT B-3 State Gas Tax Fund Statement Revenues, a of Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance- Budget Actual Favorable (Unfavorable) 1999 Actual Revenues: Intergovernmental. 77 Investment income $1,351,105 1,165,503 150,000 167,296 (185,602) 1,339,479 ___1 7,.296 164,402 Total revenues 1,501,105 1,332,799 (168,306) 1,503,881 Excess of revenues over expenditures 1,501,105 1,332,799168 306 1,503,881 Other financing sources (uses): Operating transfers. out 3 968 800 2 611 283 1,357,517 791 541 Total other financing sources (uses)_(2,2§8 '800 ) 2611 283) 1,357,517 (791,541 (deficiency) of revenues s over (under) expenditures and - other financing uses (2,467,695) (1,278,484) 1,189,211 712,340 Fund balances at beginning of year 3,413,640 3,413,640 - 2,701,300 Fund balancesatend of year 945 945 2,135,156` 1,189,211 3;413.640 a 35'' rLUPUbILIVILt% IiaLIbILI:ULIU Statement of Revenues,.Expenditures and, Changes in Fund Balances Budizet and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Intergovernmental $ 668,100 698,687 30,587 637,016 Charges for services 427,000 436,530 9,530 393,824 Investment income 90,000 88,294 (1,700 96,676 Total revenues 1,185,100 1,223,511 38,411 1,127,516 Expenditures: Current: Highways and streets 932,310 909,642 22,668 752,555 Public works -- - 1,945 Parks, recreation and culture 53,340 19,927' 33,413 24,988 Community development 670,000 670,000 - Total expenditures 1,655,650 1,599,569 56,081 779,488 Excess (deficiency) of revenues over (under) expenditures (470,550 (376,058 94,492 348,028 Other financing sources (uses) Operating transfers out(315,000) (141,861) 173,139 (30,422) Total other financing sources (uses) (315,000 (141,861) 173,139 (30,422) Excess (deficiency) of revenues over (under) expenditures and other financing uses (785,550) (517,919) 267,631 317,606 Fund balances at beginning of year 1,951,868 1,951,868 - 1,634,262 Fund balances at end of year 1951.868 36 I 37 I U, 0 I 9 v ariance- Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: hitergovermnental investment income 554,800 1,00,000 581,145 101710 26;345 ' 532,2,30 1,710 114,597 Total revenues 654,800 682,855 28,.055 646,827 Excess of revenues over expenditures 654,800 682,855 28,055 646,827 Other financing sources (uses) Operating transfers out I3 091,000 31�763 1759237- (563,679) Total other financing sources (uses) 3 0910-0-0) (1,331,763 1 1,759,237 563 679 Excess (deficiency) of revenues over (under)- expenditures and, . other' financin g.uses (2,43 , 6,200) (648,90,8) 1,78 7,292 83,148 Fund balances at: beginning of year 2,040,003 _2,040,003 1,956,855 Fund balances (deficit) at end of year L39=6=,=197 1,391,095 - 1,787,292 2,640,003 37 I U, 0 I 9 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Intergovernmental $991,500 752,327 239173 � Total revenues 991,500 752,327 (239,173 - Excess of revenues over expenditures 991,500 752,327 (239,173 - Other financing sources (uses): Operating transfers out( 991,500 (752,327 239,173 - Total other financing sources (uses) (991,500 (752,327 239,173 - Excess of revenues over expenditures and other financing uses - - - - Fund balances; at beginning of year - - - - Fund balancesat end of year 38 CITY OF DIAMOND BAR EXHIBIT B-7 Integrated Waste Management Fund Statement Revenues;'Expenditures of and Changes in Fund Balances = Budget and Actual Year ended June 30, 2000 Variance- Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Intergovernmental $ 193000 41,270 22,270 - Charges for services 80,000 69,201 (10,799) 87,424 Investment:income 2,000 13,343 1,343 9,347 Total revenues 111,000 123;814 12,814 96,771 Expenditures: Current: Parks, recreation and culture 114,400 72,551 41,849 75,992 Total expenditures 114;400 72,551 413849 75,992 Excess (deficiency) of revenues over (under) expenditures (3,400) 51,263 54,166-3 20,779 . Fund balances at beginning ofyear 209,113 209,113 - 188,334 Fund balances at end of year $205,713 260,37654.663 209.113 I� Od 39 EXHIBIT B-8 CITY OF DIAMOND BAR Air Quality Improvement Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Intergovernmental $ 45,000 64,382 19,382 61,640 Investment income 12,000 8,6593( ,341) 8,011 Total revenues 57,000 73,041 16,041 69,651 Expenditures: Current: Public works 18,159 18,947 (788), 29 Community development - - - 199010 Capital Outlay 121,000 85,161 35,839 - Total expenditures 139,159 104,108 35,051 19,039 Excess (deficiency) of revenues over (under) 0,1 expenditures (82,159) (31,067) 51,092 50,612 Fund balances at beginning of year 200,695 ` 200,695 - 150,083 Fund balances at end of year 118 536 169.628 51.092 200,695 40 EXHIBIT B-9 CITY OF DIAMOND'BAR Bicycle and Pedestrian Fund Li Statement of Revenues, Expenditures arid -Changes in Fund Balances = Budget and Actual Year June 0 ended 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Intergovernmental $ 75,800. 20,417 (55,383) - Investment income 1,500 1,330 170 1,563 Total revenues _ 77,300 21,747 (55,553 1,563 Excess of revenues over expenditures 77,300 21,747 (55,553 1,563' Other financing sources (uses): O eratin trans p g transfers out 126 632' 36 261 90,371` _ Total other financing sources (uses) (126,63-2) (36,261 90,371 - Excess (deficiency) of revenues over (under) expenditures and other financing uses. (49,332) (14,514) 34,818 Fund balances at beginning of year 14,514 14,514 - 12,951 Fund balances (deficit) at end of year 34 818 - 34,818 14.514 ly `A 41 nz-9 Park Fees Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30,;2000 42 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Charges for services $ 25,000 7,006 (17,994) - Investment income 5,000 4,228 772 10,956 Total revenues 30,000 11,234 (18,766 10,956 Excess of revenues over expenditures 30,000 11,234 (18,76 10,956 Other financing sources (uses): Operating transfers out (205,000) (182,389 22,611 (45,232) Total other financing sources (uses) (205,000 (182,389 22,611 (45,232 Excess (deficiency) of revenues over (under) expenditures and other financing uses (175,000) (171,155) 3,845 (34,276) Fund balances at beginning of year 171,155 171,155 - 205,431 Fund balances (deficit) at end of year 3 845 - 3,845 171.155 42 EXHIBIT - CITY OF,DIAMOND BAR B-11 Park and Facility Development Fund Statement of Revenues,"Expenditures and Changes in Fund Balances = Budget and"Actual Year ended June 30,,200o i Variance - Favorable 1999 Bum Actual (Unfavorable) Actual L Revenues: Charges for services $1;200;000 1,200,000 - Investment income 10,000 93,094 232094 72,571 Other revenues - - - 2,.000 Total revenues 1,270,000 1293,094 23,094 74,571 Expenditures: Capital`outlay 196,000 196 000 Total expenditures 196,000 196,000 Excess of revenues over expenditures 12074,000 1,097,094 23,094 74;571 Other financing sources (uses): K. a Operatingtransfers out 3-15 000 94 218,006 - Total fmancirng _T6,9 other sources (uses) 3-15 000 96 994 218,006 Excess of revenues over expenditures and other financing uses 759,000 1,000,100 241,100 74,571 Fund balances at beginning of year 1,431,012 1,431,012 - 1,356,441 Fund balances at end of year 2 190,012 2,431,112 241.100 1,43 1 012 a a 7 �a 43 1_7 EXHIBIT B -12 d CITY OF DIAMOND 'BAR - Community Development Block Grant Fund "lw Statement of Revenues,, Expenditures and Changes in Fund Balances Budget and Actual Year ended June 30 2000 F 44 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Intergovernmental $ 283,874 365,914 82,040 , 423,284 Total revenues 283,874 365;914 82,040 423,284 Expenditures: Current: Community development 176,974 189,818 (12,8 117,970' Total expenditures 176,974 189,818 (12,8 117,970 Excess of revenues over expenditures 106,900 176,096 69,196 305,314 Other financing; sources (uses): IL Operating transfers` out (106,900 176,096 69,19 305 401 F Total other financing sources (uses) (106,900 (176,096 (69,19 ' 305 401 Excess (deficiency) of F revenues over (under) expenditures and other `- financing uses - - - (87) Fund balances at beginning of year - - - 87 Fund balances at end of year - - 44 IN I I I a 11 A Variance- arianceFavorable Favorable 1999 Budget, Actual (Unfavorable) Actual Revenues: Intergoverm-nohtal, $ 192,140 194,487 2,347 196,056 Investment income 25,000 13,277 (11,723) 17,043 Total revenues 217,140 207,764 (9,37 1 6) 213,099 Expenditures: Current: Public safety- 31,165 12,651 18,514 13,029 Capital outlay,.' 102 — —650, 18462 84,188 36,808 Total expenditures — 131.8-15 31,113 102,702 49;837 Excess of revenues over expenditures 83,325: 176,651 93,326; 163,262 Other financing sources (uses): Operating transfers out 151 300 12,106' 209 063 Total other financing sources (uses) 151' 300 13 194 (;09,063) Excess (deficiency) of revenues over (under) expenditures and -other financing uses (67,975) 37,457 105,432 (45,801): Fund balances at beginning of year, as restated 208,597,, 208,597 = 316,02 Fund balances at end of year $.140.622 246,054 105,432 270,226 45 IN I I I a 11 A Fv, EXHIBIT B-14 CITY OF DIAMOND BAR` Asset Seizure Fund Statement of Revenues, Expenditures and Changes in Fund Balances Budget and Actual' Year ended June 30 2000 46 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Investment income $ 22,000 18,501 (3,499 16,705 Total revenues 22,000 ' 18,5013( ,499) 16,705 Expenditures: Public safety 2,700 2,537 163 10,000 Total expenditures 2,700 2,537 163 10,000 Excess of revenues over expenditures 19,300 15,964 3( ,336) 6,705 Other financing sources (uses): Operating transfers,out1( 0,500) (3,982 6,518- - Total other financing sources (uses)1( 0;500) (3,982) 6,518 - Excess of revenues over expenditures and other financing uses 8,800 11,982 3,182 6,705 Fund balances at beginning of year 326,213 326,213 - - 319,508 Fund balances at end of year 335 013 338,195 3.182 326,213 46 CITY OF DIAMOND BAR- EXHIBIT B-15 Landscape Maintenance DistrictsFunds Statement of Revenues, Expenditures and Changes in Fund Balances' -- Budget and Actual,' Year ended June 30,i 2000 Variance - Favorable 1999 R; Bud Actual (Unfavorable) Actual Revenues: Special assessments $ 548,652 - 547,041 (1,611) 553,443 Investment income 30,000 ` 605332 30,332 48,232 Total revenues 578,652 607,373 28,721 601,675„ Expenditures: Current: Public works Park, recreation and culture 589,093 562,674 - 26,419 347,780 X363 - - Total expenditures 589,093 562674- 26,419 348,143 Excess (deficiency) of revenues over (under) expenditures (10,441) 44,699 55,140 253,532 Fund balances at beginning of year 1,100,224 _ 1,100,224 " - . $46,692 Fund balances at end of year S-1,089,783 1,144,923: ° 55,140 1.100,224 47 r CAPITAL PROJECTS FUNDS CapitalProjects Funds are used to account for the purchase or construction' of major capital facilities which are not financed by Proprietary.Funds or Trust Funds. Capital Projects Funds are ordinarily not used to account for the acquisition of furniture, fixtures, machinery, equipment and other relatively minor or comparatively short-lived general fixed assets. v The City of Diamond Bar has three Capital Projects Funds: Grand Avenue Construction Fund - To account for the expenditure of funds received from the County of San Bernardino in settlement of the,Grand Avenue litigation. These funds are used for street and traffic improvements along Grand Avenue. Capital Improvement' Fund - To account for the costs of constructing street improvements, park improvements, and other public improvements not normally ; included within the other Capital Projects funds. Financing is provided by developer fees and interfund transfers from the: Special Revenue Funds and the General Fund. Redevelopment Agency Fund To account for general fund monies transferred to the Redevelopment Agency for approved capital projects and administrative costs. 48 f CITY OF DIAMOND BAR EXHIBIT C-1 Capital Projects Funds Combining Balance Sheet r , June 30, 2000 S Grand 'Avenue ,; Capital � Redeueloprnent Totals Construction -` Improvement Agency 2000 777777 — 1999' Assets Cash and investments : $139,131 56,200 1,207,807 1;403;138 1,463,434 Interest receivable 11,921 11,921 4,3'98 Due from other funds - 56LI06 731,781 1;292,887 1,100,679 Total assets $139,`131 617.306 1,951.509 2.707.946 , 2,568,5.11 Liabilities and fund balances Liabilities: Accounts payable $ - 433,499 46,960 0,11, 480,459 192,379 Retentions payable - 249,5.75 - 249,575 16,826 Deferred revenue 105,928 Deposits - - 1,683,041 1,683,041 1,683,041 771 Due to other governments - 144,844 144,844 1353166 Total liabilities - 683,074 13874,845 2,557,919 2,133,340 Fund balances: Reserved for: Encumbrances - - 76,664 76,664 296,040 Unreserved: Designated for: Specific projects and programs 1393131 - - 139,131 139,131 Undesignated - 65 768 - (65,768) - Total fund balances 139,131 65 768. 76,664 150,027 435,171 Total liabilities and fam balances 139131 617306 1,951,509 2:707,946 2.568,51 L 1 01 49 EXHIBIT C-2 CITY OF DIAMOND BAR Capital Projects Funds Combining Statement of Revenues, Expenditures and Changes in Fund Balances Year ended June 30, 2000 Grand Avenue Capital Redevelopment Totals Construction Improvement Agency 1999 Revenues: Licenses, permits and fees $ Intergovernmental Proceeds from sale ' . of property - Investment income - Other income - Total revenues - 91,225 - 91,225 1,572 200,000 - 200,000 - - _ - 6,095,931 10,629 54,218 64,847 35;183 5,000 - 5,000 - 306,854 54,218 361,072 6,132,686 Expenditures: Current: Highways and streets - - - - - 434,710 2,733. Public works - Community development - - 4,468 337,999 342,467 260,101 Capital outlay - 5,457,083 = 503,299 5,960,382 - 806,901 9,462,013 Cost' of property sold - - Debt service: Interest - - 305,090 305,090 106,440 Total expenditures - 5,461,551 1,146,388 6,607,939 11,072,898 Excess (deficiency) of revenues over (under) expenditures - (5,154,697) 1 0921706 246 867 (4240,212) Other financing sources: Operating transfers in - 4,825,014 - 4,825,014 1,148,611 Proceeds of advances - - 1,136,709 1,136,709 3,815,227 Total other financing sources - 4,825,014 1,136,709 5,961,723 4,963,838 Excess (deficiency) of revenues and other financing sources over (under) expenditures - (329,683) 44,539 (285,144) 23,626 Fund balances at beginning of year 139,131 263,915 32,125 435,171 411,545 Fund balances (deficit) at end of year 139 131 65 768 76,664 150,027 435,171 50 CITY OF, DIAMOND BAR EXHIBIT C-3 Grand Avenue Construction Fund Statement of Revenues, Expenditures and Changes in Fund Balances - 1 01 Budget and Actual Year ended June 30, 2000 U Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Expenditures:. Current: Highways and: streets Total expenditures Excess of revenues over - expenditures - Other financing sources: Operating'transfers in Total other financing sources Excess of revenues and other 01 _financing sources over expenditures _ -. Fund balance, s at beginning of year 139131 , 139,131 - 139,131 Fund balances at end of year 139 131 139,131 - 139,131 sr 0 52 EXHIBIT C-4 CITY OF DIAMOND BAR Capital Improvement Fund Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Year ended June 30, 2000 Variance - Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: x Intergovernmental $ 200,000 200,000 - - Licenses, permits and fees 565,000 91,225 (473,775) 1,572 Investment income - 10,629 10,629 3,022 Other income _ 5,000 5,000 - Total revenues 765,000 306,854 (458,146) 4,594 Expenditures: F " Current: Highways and streets 434,710 Public works - - - 2,733 , Community development 28,500 4,468 24,032 406 Capital outlay 10,205,495 5,457,083 4,748,412 723,855 - Total expenditures 10,233,995 5,461,551 4,772,444 1,161;704 Excess (deficiency) of revenues over (under) expenditures (9,468,995) (5,154,1697 4,314;298 (1,157,110 Other financing sources: Operating transfers in 9,044,032 4,825,014 (4,219,018 1,148,611 Total other financing sources 9,044,032 4,825,014 (4,21:9,01 1,148,611 Excess (deficiency) of revenues and other financing sources over (under) expenditures (424,963) (329,683) 95,280 (8,499) Fund balances at beginning of year 263,915 263,915 - 2725414 Fund balances (deficit) at end of year (161,048) 65 768 95,280 263,915 52 EXHIBIT CITY OF DIAMOND BAR C-5 l Redevelopment Agency Fund Statement of'Revenues; es Expenditures and Chan in Fund d Balances - Budget'`arid Actual Year ended'June 30, 2000 Variance - Favorable 1999 Revenues: Budget Actual (Unfavorable) Actual Proceeds from sale of property 6,095,931 Investment income 54,218 54;218 32,161 Total revenues - 54,218 54,218 '6,128 092 Expenditures: Current: Community development Capital outlay 544,420 337,999 206,421 259,695 a Cost of property sold 1,485,136 503,299 981,837 83,046 Debt service: - - 9;462,01`3 Interest - 305,090 305 090 106,440 Total expenditures p 2;029,556: 1,146,388 883,168 9;911,194 Excess (deficiency) of revenues over (under) expenditures(2,029,556} 1092170 937,386 1783102 Other fin ancing sources: Proceeds of advances 1,592, 306 1,136,709 455 597 3,815,227 Total other, financing sources , ..., 1,592306`. 1,136,709 0!L597 3;815,227 Excess (deficiency) of revenues and other financing sources over (under) expenditures (437250) 44,539 481 789. 32,125 Fund balances, at beginning of year 32,125 32,125 Fund balances (deficit) at end of year"05.125)76.664 481,789 32,125 a 53 Ii EXHIBIT D-1 CITY OF DIAMOND BAR Internal Service Funds Combing Balance Sheet Year ended June 30, 2000 m Self - Equipment Totals Insurance Replacement 2000 1999 Assets Current assets: Cash and investments $1,066,274 62,973 1,129,247 1,126,289 Accounts receivable 141,046 - 141,046 - Prepaid expenditures 7;612 - 7,612 Total current assets 1,214,932 62,973 1,277,905 1 12 6,289 Property, plant and equipment: Machinery and equipment - 34,822 34,822 Less accumulated depreciation - -(2,000) ---910-00) - Net property, plant and equipment - 32,822 32,822 - Total assets 1 214 932 95.795 1.310.727 1.126.289 Liabilities and Fund Equity Current liabilities: Accounts payable $ - 17,795 17,795 25,769 77 Total liabilities - 17,795 17,795 25,769 Fund equity: Retained earnings 1,214,932 78 ,000 1,292,932.. 1,100,520 Total retained earnings 1,214,932 78,000 1,292932 1,100,520 Total liabilities and fund equity $1,214,932 95.795` 1.310.727 1,126,289 s 55 la 4 56 �.v EXHIBIT D-2 CITY OF DUMOND BAR Internal Service Funds Combining Statement of Revenues, Expenses and Changes in Retained Earnings, Year endedJune30,;2000 Self- Equipment Totals Insurance Replacement 2000 1999 Operating revenues: Insurance deposits $ 61;790 - 61,790 - Total operating revenues 61,790 Operating expenses: Insurance premiums 52,491 - 52,491 284,400 Depreciation - 2,000 2,000 - Total operating expenses 52,491 2,000 54,491: 284,400 Operating income (loss) 9,299 (2,000 7,299 (284,400) Non-operating' revenues: Investment income 52,623 = 52,623 49,604 Total non-operating revenues 52,623 - 52,623 49;604 Income (loss) before -' operating transfers 61,922 (2,000 59,922 (234,796 Operating transfers: F Operating transfers in 52,490 80,000 132,490 159,465 Total operating transfers 52,490 80,000 132,490 159,465 Net income (loss) 114,412 78,000 192,412 (75,331) Retained earnings, July 1 1,100,520 - 1,100,520 1,175,851 F-, Retained earnings, June 30 1 214 932 78.000 1,292,932' 1100:520 56 CITY OF DIAMOND BAR EXHIBIT D-3 Internal Service Funds Combining Statement of Cash Flows Year ended June 30; 2000 ,r Self- Insurance Equipment Totals Replacement 2000 1999 Cash flows from operating activities: Insurance deposits Insurance payments $ 61,790 (2126,918) � 61,790 -226 918 - _153 ` Net cash provided by (used for) 276 operating activities 165 128 - 165 128 153,276 Cash flows from noncapital financingNi activities: Cash, transferred from other funds 52,490 80,000 132,490 159,465 Net cash provided by noncapital financing activities 52,490 80,000 132,490 159,465 Cash flows from investing activities: Interest received Brom investments Purchase of equipment 52,623 - 52,623 49,604 -17 027 17 027 Net cash provided by (used for) investing activities 52,623 17 027 > _ 35,596 49,604 Net increase (decrease) in cash and cash equivalents (60,015 ) 62 973 ,, 2,958 55,793 a Cash and cash equivalents at beginning,- of year 1,126,289 - 1126289 1070,496 Cash and cash equivalents at end of year 1 066 274 62,973 1, i 29.247 1.126.289 Reconciliation of net operating income to net cash provided by (used for) operating activities: Operating income (loss) Adjustments to reconcile operating $ 9,299 (2,000) , 7,299 (284,400 ) income to net cash provided by (used'for) operating activities: Depreciation (Increase) decrease in accounts receivable (141,046) 2,000 2,000 - (141,046) (Increase) decrease in prepaid insurance (Decrease) increase in accounts payable(25,769 (7,612) ) - (7,612) 25 769 107,096 Net cash provided by (used for) . ; - 24,028 y` operating activities - 165 128 - 165 128 153 276 Noncash investing, capital and financing activities During the fiscal year ended June 30, 2000, there were no noncash investing, capital or financing activities. 57 E 58 CITY OF DIAMONDBAR . EXHIBIT E-1 Comparative Schedule of General Fixed Assets by Source June 30, 2000 2000 1999 General fixed assets: Land Buildings $ 5,169,898 1569898 Improvements other than buildings Furniture and equipment 1,159,345 2,915,351 1,159,345 2,915,351 Lj Construction in progress 1,554,706 1,363,602 335,320 - Total general fixed assets Investment in U-11 j34,620 7 008.196 general fixed assets by source: General fund Donations_ $ 4,118,881 3,646,438 Federal and state governments Assessment districts,,:,3,235,202 3,767,949 3,235,202 162,949 3,186,221 .12,588 12,588 Total investment in general fixed assets U=L 134 620 7,008.196 E 59 �� F., EXHIBIT E-2 CITY OF DIAMOND BAR Schedule of General Fixed Assets by Function and Activity June 30, 2000 Improvements Furniture Other than andConstruction d A Function anctivity Land Buildings Buildings Equipment in Progress Total General government: $ - 12,900 12,900 City council - - 934,871 934,871 Administration - - - - 65,618 - 65,618 City clerk 32678 - 32,650 Community development - - - - - 66,678 - 66,678 Finance- Other 3,609,898 - 11,000 - 3,620,898 Total general government 3,609,898 - 1,123,717 - 4,733,615 Public safety: 143,303 143,703 Sheriff Emergency preparedness - - - 35,939 - 35,939 Total public safety - - 179.642 - 179,642 :.. Public. works 29,211 29,211 Culture and recreation 1,560,000 1,159,345 2,915,351 189,709 335,320 6,159,725 32,427 - 32,427 Library _ Total general fixed assets 5 1 •1,159,345 2,915,351 1.554"706 - 335,320 11 134,620 60 I' EXHIBIT CITYOF IAM6 BAR E-3 Schedule of Changes in General'Fixed Assets by Function and Activity Year ended June 30, 2000 Balance at Function and Activity June 30, 1999 Additions Deletions Balance at June 30.2000 General government: City council $ 8,969 - Administration3,931 823,138 111,733 12,900 City clerk 22,696 42,922 934 Community development 30,959 1,691 65;871 618 Finance 66678 32,650 Other 20,898 3,600,000 66,678 3,620,898' Total general government 973,338 3,760,277 - 4,733,615 Public safety: Sheriff - Emergency p g pre aredness 128,519 _ 15,184 143 7 03 , _y 33,233 2;706 - 35.939 Total public safety" 161,752 17,890 - 179,642 Public works 27,981 1,230 - 29,211 _ Culture and recreation 5,812,698 347,027 Library - 6;159,725 32,427. _ 32,427 Total general fixed assets _. 'S_0-08,196 008 196 4 126.424 ' - 11,134,620 i= is 61 I. City of Diamond Bar Total General Fund Expenditures $24,000,000 $22,000,000 $20,000,000 $18,000,000 F $16,000,000 $14,000,000 $12,000,000 M $16,000,000 $8,000,600 $6,060,000, $4,000,000 $2,00 0,000 $0 All 1988-89 1989-90'1990.-91 1991-92'1992-93 1993-941994795 1995-96'1996-97'1:997-98 1998-99'1999-00 Fiscal Year (1) Includes General, Special Revenue and Capital Project Funds. *Note: General Government includes Community Development Expenditures Capital Outlay includes Cost of Property sold. Source; City Finance Department 62 General Government Expenditures by Function (1) Since Incorporation in April, 1989 (unaudited) Fiscal General Public Public Culture & Capital Debt Year Government" Safety Works Recreation Outlay* Service Total 1988-89 $249,482 $438,805 $90,927 $31,296, $0' $6,325 $816,835 - 1989-90. 2,509,540 3,235,362 1,143,795 357,604. 1,027,0491 90,842 8,364,192 1990-91 3,322,753 3,600,879 1;397,501 603,997 949,540 0 9,874,670 a 1991-92 2,923,206 3,794,887 1,673,144 740,687 359,931 0 9,491,855 1992-93 2,963,968 3,478,006 2,094,910 822,559 1,876,098' 100,000 11,335,541 1993-94 2,456,056 3,819,724 2,310,313 976,957 1,638,409: 564,790 11,766,249 1994-95 2,270,162 4,099,515 2,678,261 1,072,288 1,726,067 1`08,780 11,955,073 1995-96 2,319,801 4,110,104 2,372,404 1,127,136 1,579,421' 104,930 11,613,796 1996-97 2,6151272 4,095,518 2,279,731 1,270,617 1,541,307 10,320 11,81,2,765 1997-98 3,145,257 4,094,401 2,402,426 1,666,198 5,189,027', 28,064 16,525,373 1998-99' 2,895,986 4,738,375 2,839,789 1,489,708 10,666,740 106,440 22,737,038. 1999-00 4,071,192 4,654,187 2,679,598 1,805,489 6,397,292" 305,090 191912,848_' Total General Fund Expenditures $24,000,000 $22,000,000 $20,000,000 $18,000,000 F $16,000,000 $14,000,000 $12,000,000 M $16,000,000 $8,000,600 $6,060,000, $4,000,000 $2,00 0,000 $0 All 1988-89 1989-90'1990.-91 1991-92'1992-93 1993-941994795 1995-96'1996-97'1:997-98 1998-99'1999-00 Fiscal Year (1) Includes General, Special Revenue and Capital Project Funds. *Note: General Government includes Community Development Expenditures Capital Outlay includes Cost of Property sold. Source; City Finance Department 62 (1) Includes General, Special Revenue and Capital Project' Funds. Note: 1991-1992 "Other Revenue includes &179,679 developer fees collected in the Special Revenue Fund. *Note: Taxes category includes Charges for Services. "Note: Other Revenue includes proceeds from sale of property. Source: City Finance Department ti 63 City of Diamond' Bar Table 2 GeneralGovernment Revenues by Source (1) Sin 6,61 Incorporation In April;' 1989 (u ti, dited) Fiscal Special Licenses Inter- Fines & Use of Money Other, Year Taxes * Assessments & PermFts Governmental .Forfeitures' Governmen & Pro ert ", p Revenue Total 1988-89 $21;093' $0 $112,578 $1,371,326 $11946 $1;650 $46,625 $11555,218 1989-90 3,497;401 409,454 841°,525 5,271,606 1638521 440,520' 8;313 ,10,662,671 1990-91 4;409;302 " 422;038- 597,771' 5,993;281 281,891 506;081i� 5'5,307, .12,265,671 1991-92 4,593,790 466,369 864;260• 5,067,309 97,730 578,340 27,078 11,694;876 ",12,274;877 1992-93 4,494,173 469;671 724,694 5,910,715 123,242" • 451;077 101,305 1993-94 5,060;850 499';03b 965;835" 5,539,046 187,430 466;209 38,372 12,756,772 1994-95 5,1y4;343 476,148 881,588 5,640,400 253,824 732,693 56,399 13,215,395 1995-96 5,538,406 `5 11 38;896 1,066,475 5,735,096 261,'138 176,267:1 863,855 1,0061683' ' 50.787 14,054,653 42,856 `151234x433 1996-97 5708,029 1997-98 5,943;775 v30375 1 1'561';772 1,417;01.3 1,247,155 6,354,150 9,178,049 219,075 1,166,554 1,329,957 19,646„337 1998-99 6359624' ` 553443 2,147,195 6,535,8112 573,449' 1, 91',305 6,159,240,x' 23,520,,068 1999-00 8,006;841 547;0'41 1,666~7 6 _ _ . 7,713,34¢ 55B,527'� 1,395,78"�' 59,443 , �� 19,945,701 (1) Includes General, Special Revenue and Capital Project' Funds. Note: 1991-1992 "Other Revenue includes &179,679 developer fees collected in the Special Revenue Fund. *Note: Taxes category includes Charges for Services. "Note: Other Revenue includes proceeds from sale of property. Source: City Finance Department ti 63 $2,000,000 Total Property Tax Collections 'Note: The City of Diamond Bar settled a property tax lawsuit with Los Angeles County that resulted in additional property tax payments totalling $1,882,789. The funds were received in three (3) payments dated February 1994, August 1994 and August 1995. These amounts are not included in the above figures as they were associated with the initial property tax transfer at the date of incorporation. Source: Los Angeles County Auditor/Controller. 64 City of Diamond Bar 1&0 -3 Secured Property Tax Levies and Collections Since Incorporation in April, 19M W (unaudited) Fiscal Year Total Current, Levy Total Current Percentage of Deliquent Tax Collections Levy Collected Receivables_ - 1988-89 1989-90 Not Available $908,401 Not Available Not Available Not Available �- 1990-91 1,089,679 $835,873 92.02% 1,013,572 $72,52876,107 1991-92 1,232,346 93.02% 1,144,019 92.83% 1992-93 1,11,7,482 1,025,382 91.76% 88,327 92,100' 1993-94 1994-95 1,180,435 1,804,068 818,46769.34/0 ' o 361,968 1995-96 1,796, 593 1,625,911 90.12% .. 1,711, 983 178,157.' 1996-97 1,809,197 95:29% ' 1,625,252 89.83% 84,610 T 1997-98 1,781,264 0,816 1,68. 94.36% 183,945 400,448' 1998-99 4999-00 1,810,266 1,758,764 97.16% 51, 502 ,., 1,904,915 1,813,904 0 95.22/0 91,001111 " $2,000,000 Total Property Tax Collections 'Note: The City of Diamond Bar settled a property tax lawsuit with Los Angeles County that resulted in additional property tax payments totalling $1,882,789. The funds were received in three (3) payments dated February 1994, August 1994 and August 1995. These amounts are not included in the above figures as they were associated with the initial property tax transfer at the date of incorporation. Source: Los Angeles County Auditor/Controller. 64 City of Diarnond'Bar- Assessed: and: Estimated Attual Values of Taxable Property ;SJoce.,Incorporatiom in,, April, 1989 (unaudlted), Fiscal. secured ,,Unsecured Public Percentage Year. Gross Valu GrossValue Utility, :-Exemptions, Total' increase 1988789 $2,345,946,185;,, $0 $0, $0 $2,345,946,185 Not Applicable 198,979Q.�' 2,663,648,618 11 r 0 0-, 0 2,663,648,618 I, ! , 13.54% 1990-91: 2,926,368,1105 0 827,618 5,409,199 21921,786,524 9.69% 1991-92 3,285,467,698 40,698,263 697 390 10,921, 667 31315 ',936,684 l�1:3A9% 1992-93- 3,493,803,851 45,032,160 0 27,932,643 3i510,9,03,368 5.88% 1993-94! 3,536,453,242, 49,709,273 844,313 25,119,688 !315 140 � 1.45% 1994-95,<,3,619,436,024', 57,158,841 820,,862 33,523,553 :'3,643,892,171 1, _�112.30% 1995-96, 3,659,337,876 :,60,6891091 825,138 35,979,540 -3,684,872,565 1.12% 9996-97: 3,660,223,979 i6 1 4,187,086 828,963' 27,479,61$ 3,607,1760,412 1991997-98,.3,645,994,57c$: � �67,863,390 884,347 37,731,129 3,671,0I 1,183 i I �, : -056% 1998-99 3,730,370,102,,:l 74,441,058 876,688' 38,373,706 3,767;314,142 1999700' 3,873,275,798 1 63,844,054 125,921 36,494,683 3,900,151,190 4.54% iNet Assessed Value: r - I *1988-89 and 1989,90 estimated by using the combined unincorporated areas of Pomona Unified School and Walnut Valley Unifted School District -Source: California Muncipala Statistics Los Angeles:County Apditor/Controller.reportedno Public Utility Valuations. Source: Los Angeles County Auditor/Controller, Hdl Coren & Cone 65 7 77777� 7777 777,71: 77777777= 1w 2.0000000 1.7500000 1.5000000 1.2500000 w 1.0000000 0.7500000 J0.5000000 0.2500000 0pi .0000000' 1988-89 1989-90 1990-91 F J� Typical Property Tax Rates (Percent of Assessed Value) ! �3 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 199"0 Fiscal Year --*Note: Property tax rates based on a typical tax rate area. Source: Los Angeles County Auditor/Controller, Hdl`Coren & Cone _ 66 City of Diamond "Bar', Tam Property Tax Rates -All Direct'and"Overlapping Governments (Per$100 of Assessed Valuation) Since Incorporation in April, 1989 (unaudited) Fiscal Year General Levy Los.Angeles County Walnut Valley Walnut Valley L-A County L.A County L etropolitan School District Water District Flood Control Sanitation Water District Total 1988-89 ,1989-90 -- _ -- -- - Not Available 1990-91 1991-92 1.0000000 1.0000000 0.0021040 0.0018880 _ 0.1597230 0.0578770 0.0057860 0.0007470 0.0097000 Available Not1.2359370 m 1992-93 1.0000000 0.0014090 0.0404290 0.0516750 0.0053760 0.0974170 0.0481650 0.0002090 0.0089"000 1.1084770 1993-94 1.0000000 0.0017130 0.0033970 0.0863570 0.0448070 0.0042120 0.0002060 0.0089000 ' 1.1594940 - .1994-95 1.0000000 0.0019930 0.0649030 0.0000000 0.0060410 0.0000000 0.0000000 0.0089000 ' 1.14598900.0089000 1995-96 P-1996-97 1.0000000 1.0000000 0.0018140 0.0016040 0.0089866 0.0000000 0.0009630 0.0000000 0.0089000 1.0818370 1.0206636 1997-98 1.0000000 0.0015840 0.0850380 0.0000000 00019910 . 0,1025300 ' 0.0000000 0.0000000 0.0089000 1.0975336 1998-99 1.0000000 0.0014510 -0.0021970 0.0694610 0.0000000 0.0019530 0.0000000 0.0089000 1.1152110 1999-00 1.0000000 0.0014220 0.0784890 0.0000000 0.0017650 0.0000000 0.0000000 0.0089000 1.0817650 0.0089000 1.0905760 2.0000000 1.7500000 1.5000000 1.2500000 w 1.0000000 0.7500000 J0.5000000 0.2500000 0pi .0000000' 1988-89 1989-90 1990-91 F J� Typical Property Tax Rates (Percent of Assessed Value) ! �3 1991-92 1992-93 1993-94 1994-95 1995-96 1996-97 1997-98 1998-99 199"0 Fiscal Year --*Note: Property tax rates based on a typical tax rate area. Source: Los Angeles County Auditor/Controller, Hdl`Coren & Cone _ 66 City.of Diamond Bar. Table 6 17 Principal Taxpayers June 30,.,2000 (uli�6dlted) 1998-1999 Percentage of Total w Taxpayer _ Primary Use Assessed Valuation Net Assessed Valuation 0.548% Ifi IRPM,.Mult;r Associates LLC_..-.-.. - - Commercial $21,661,076 M & H` Realty`Partner6 II Commercial 18,698,143 0.4730/. Martin Brattrud Properties Commercial. 13,888,672 0.351% Shea Homes Limited Partnership, ` Industrial 11,595,814 0.293% Arden Realtylimited, Partnership Commercial , ' 101439,931 0.264%. Nikko Capital Corporation Commercial 10,188,664 0258% Lakeview Village Corporation Commercial 816321125 0.2180/0 Mark R Tournat Company Trust Commercial 8,334,630 0.211% Diamond Bar Hotel Fund -Limited ; Commercial 8,247,554 0.209% Inter Community Health Commercial 7,390,000 0.187% 119,076,609 3.0136/6 , i; J L - Assessed Valuations:, Assessed Value Add Back: Exempt Property. $ 3,900,751,190 Total Assessed Value 36,494,583 $ ' 3,937,245,773 Legal Debt Margin: Debt limitations -15% of Total Assessed Value* Debt Applicable to Limit $ .590,586,866 Total Bonded Debt Less: Special Assessment Bonds 0 Revenue Bonds 0 Available for Repayment of General Obligation Bonds 0 =' p Total Debt Applicable to Limitation Legal Debt Margin 0 $ 590,586,866 The City of Diamond Bar has no bonded indebtness. *Section 43605 of the California Government Code Source: City Finance Department, Hdl Coren & Cone City.:of Diamond Bar:,',` Table 8 Comput4tipni ofD irect and QverJapping Debt J001,30,.2000° (lunauc ite,d); ., Gross Bonded % Applicable Debt @ ' (,nvernment Debt Balance' T_0 City_ SL39LQQ Los An elesCoun Facilities 1987 Debt Service $47,865,000 g 0.720. $344,628 LA Co Flood I;'(Storm Drain Bond No 4) 21,540,000 0.728 156,811 Food Control Ref. Bonds 1993 Debt Service 9,620,000 0.728 0.556 70,034 3,055,859 * olitan Water District Area 1112 Debt Service 549,615,000 etro M p 0.556 3,055,859 *Three Valley MWD Orig Area 549,615,000 Pomona Unified SD 1998 Series C Debt Service 15,000,000 25.556 3,833,400 Pomona Unified SD 2000 Refund Series A Debt Servic 21,485,000 25.556 , 5,490,7Q7. Pomona Unified SD 190 Refund Series A Debt'Servic 49,700,000 25.556 12,701,332 Pomona Unified SD 1991 Series G Debt Service 9,620,000 25.556 72.691 2,458,487 32,531,199 Walnut Valley Unified SD Refund Series 1997 A DS 44,752,719 �. Total Gross Direct and Overlapping Bonded Debt $ 63,698,316 424,756471 1999/2000 Assessed Valuation: $ 3,471,424,756 0.00% Debt to Assessed Valuation Ratios: Direct Debt Overlapping Debt 1.83' Total Debt 1,83 j Report reflects general ;obligation debt which is being repaid through voter -approved, indebtness. It excludes, mortgage revenue, tax allocation bonds, interim financingobligations, non -bonded capital lease obligations and certificates of participation. u This fund is a portion of a larger agency, and is responsible for debt in areas outside the city. Source: City Finance Department, Hdl Coren & Cone 69 ' •. 1 r i_ ., I Ali .. vG � r �va1�,k�a a�G , City of Diamond Bari Schedule of Insurance - June 30, 2000 (unaudited) Type of Coverage Limits/Deductibles Insurer Policy period Liability: General Liability, Automobile Liability, Bodily Injury, Property Damage, $50,000,000 limit each occurrence, $50,000,000 annual aggregate. Self Insured Program/ 07/1/00 -Until Personal Injury. Retained loss of $20,000 per California Joint Powers suspended or Insurance Authority. terminated. occurrence. Special Liability: Errors and ommissions, Employment Practices injury, Contractual Liability $50,000,000 limit each occurrence, $50,000,000 annual aggregate. Self Insured Program/ 07/1/00 -Until `` injury, Broadcast/Publication injury Employee Benefits, Administration Retained loss of $20,000 per California Joint Powers suspended or Insurance Authority. terminated. injury, Discrimination injury. occurrence. Pollution &Remediation Legal Liability: Scheduled property, streets, storm drains, approved underground tanks & CJPIA Limit $50,000,000 for 3 years. $10,000,000 per member. Self insur- Self Insured Program/ 07/01100-07/01/03 non' -owned disposal sites. ed retention $50,000 per occurrence. California Joint Powers Insurance Authority, Property: All -Risk, including buildings, contents, garaged vehicles, contractor's equip- $100,000,000 per occurence, deductible of $5,000 per occurrence. Robert F. Driver Assoc. 12131/99-12/31100 $� ment, fine arts, rental income and other miscellaneous extentions of coverage;, - Automobile: Automobile Physical Damage $100,000,000 per occurence, Robert F. Driver Assoc. 12131/00-12/31/01 Crime: deductible of $1,000 per occurrence Public Employee Blanket Fidelity Bond- Faithful Performance Bond Coverage'O' $1,000,000 limit, deductible of $5,000 per occurrence Robert F. Driver Assoc. 01/01/00-01/01/01 Depositor's Forgery Coverage 'B' $1,000,000 limit, deductible of $5,000 per occurrence Robert F. Driver Assoc. 01/01/00-01/01/01 Crime- Money & Securities Covera a 'C' 9 $1,000,000 limit, deductible of $5,000 per occurrence Robert F. Driver Assoc. 01!01/00-01/01/01 Computer Fraud Covera a 'F' 9 $1,000,000 limit, deductible of $5,000 per occurrence Robert F. Driver Assoc. 01/01/00-01/01101 Worker's Compensation: Work relatedinjuryrllness claims for temporary and permanent disability, California Statutory limit; $1,000,000 State Compensation 10/01/00-10/01/01 employers liability incl defending costs. Insurance Fund Special Events- Tenants/Users for Property damage/bodily injury $1,000,000 per occurrence and Robert F. Driver Assoc. 04/01/00-04/1/01 aggregate per event. $5,000 medical expense limit. Source: City Finance Department 70 r City -of Diamond Bar Table 10 Demographic and Miscellaneous Statistical Information June 30, 2000 ited (UnaUd ); • • • • • • • • • • • April 18, 1989 Date of incorporation ... ......... • ...... • -Manager Form of Government ........... ..... ......... • .Council 14.9 Square miles Area' ...... ....... ...... ............ 137 Milesof Streets ............................................. .. .... ...... 46 to ees full-time imp y ( , ) 23 Employees(part-time)............................................... ........................ ............... 1 ire Protection Los Angeles County Consolidated Fire protection District) ( Number of Stations .. .. 3 36 Number of Officers ........................ .. Sewers: .. 146.88 Sanitary Sewers ......... ... .. .... ... 31.95 Storm Sewers ........ . ........ ...... Recreation & Culture: 1 Community Centers ........................................... 10 Parks............................................... Park Acreage (developed) ...................................................... 60 9 j Park Acreage (undeveloped) ...... ..... .•• •• ••••• ••• 815 ......••• ......"'• Education: 7 U, Elemantary Schools (K -6) ......................................................... 3 Middle Schools (6-8) ........... ................................W....0....<. ... Jr High Schools (7-8) .......................... ..............:................ ........ .......: 2 High Schools (9-12) Population:* Date'Population Percentage Increase 1989 60,000 1990 53,672 -11.79% 1991 53,596 -0.14% 1992 53,576 -0.04% 1993 54,315 1.36% 199 1. 4 54,507 0.35% -0.41 1995 54,284 1996 56,003 3.07% 56,659 1997,o 1.16% ., 1.07 /o 1998 57,271 1999 58,300 1.77°% 2000 59,100 1.35% 1 Note:198 9 population numbers are an estimate. *Source: State of California, Department of Finance ry 71 City of Diamond Bar Table 11. Residential and Commercial Construction Since Incorporation in April, 1989 . (unaudited) New Construction Fiscal Residential (1) Commercial Year Units Value Units Value 1988-89 1989-90 39 $ 12,246,600 6 $ 269,372 1990-91 24 6,989,816 17 _ 1,528,280 1991-92 `' 26 13,596,000 1 ' 5001000 W 1992-93 11 6,757,000 2` 558,000 1993-94 10 6,053,000 0 0 1994-95 8 4,619,400 0 0 1995-96 26 16,715,000 0 0 1996-97 15 9,516,000 1 4,300,000 1997-98 66 320539,000 0 0 1998-99. 88 36,303,000 5' 21,516,000 1999-00 28 18,274,000 2` 1,706,000 Alterations and Additions Fiscal - Residential (1)- Commercial Year Units Value Units Value 1988-89 1989-90 437 $ 4,085,588 212 $ 4,036,302 1990--91 744 8,868,435 83 11,361,825 1991-92 638 10,799,186 68 3,585,038 - 1992-93 600 8,894,000 94 6,259,900 1993-94 570 _5,781,300 95 4,839,400 1994-95 _ 487 5,649,500 81 2,454,800 1995-96 651 7,285,100 52 2,460,200 --1996-97 595 12150 ,400 58 3,826,800 1997-98 639 8,618,400 52 2,453,000 1998-99 751 1`9,163,240 53 10,099,900 1999-00 632 8,255,650 99 8,324,100 Bank Deposits s 6/30/89 $' 321,853,000 6/30/90 343,605,000 6/30/91 377,224,000 6/30/92 381,710,000 6/30/93 371,506,000 =° 6/30/94 379,581,000 6/30/95 423,640,000 6/30/96 480,610,000 6/30/97 472,071,000, 532,147,000 6/30199 533,242,000 (1) Includes multiple dwellings i Source: City's Contract Building & Safety Provider, Findley Reports 72 Citr of Diamond B`ar Table 12 Ratio -Unreserved General Fund Balance to Annual General Fund r. ` , Expenditures Since Incorporat I lb6'14n April, 1989 unaudited); Unreserved Annual Fiscal General Fund General Fund Year Balance Expenditures Ratio 1988789 $ 50,915 $ 798,947 0.0637 1989-90 1,375;0309,600,559 0.1432. 1990791 2,200,322 8,031,932 0.2739 1991-92 3,0191852 8,208,271 0.3679 1992-93 3,305,067 8,232,941 0.4014 1993-94 5,677,619 9;329,431 0.6086 1994-95 7,711,454 8,241,463- 0.9357- 1995-96 9,600,649 8,446,432 1.1367. 1996-97 10,755;111 8,777,410 1.2253. 1997-98 12,392,358 9,401,308 1.3182 1998-99 11,446,683 10;554,029 1.0846 1999-00 13,169,183 ' 10,900,615`; - 1.2081 City of Diamond Bar Schedule of Credits Year Ended June 30, 2000 James DeStefano, Interim City Manager General Overview Letter of Transmittal David A. Doyle, Deputy City Manager General Overview Letter of Transmittal Linda G. Magnuson, Finance Director General Overview Letter of Transmittal Statistical Tables Gina M. Tharani,Accountant II Statistical Tables Conrad and Associates, C.P.A., L.L.P. Financial Statements Ea, Notes to Financial Statements Teresa Montgomery Communications and Marketing Coordinator Cover and Divider Page Design Source: City of Diamond Bar j €:-,. 74 CLAi.__ FOR DAMAGES 5131100 %Filing Stamp , _ . TO PERSON OR PROPEIITY Claim No. 1. Claims for death, injury to person or to personal property must be Sled not Inter than six (6) months after the occurrence. (Gov. Code Sec. 911.2)o> • *�. D 2. Claims for damages to real property must be filed not later than one (1) year �' ' _ ' ` ' .•'' after the occurrence. (Gov. Code Sec. 911.2) 3. Read entire claim before Sling: 4. See page 2 for diagram upon which to locate place of accident 5 This claim form must be signed on page 2 at bottom 6. Attach separate sheets, if necessary, to give full details.(SIGN EACH SHEET) 7. Claim must be filed with the City Clerk'(Gov. Code Sec. 915a) 8. Additional documentation submitted with claim becomes a permanent part of the record To: CITY CLERK Age of Claimant (if natural person) CITY OF DIAMOND BAR 21660 E. COPLEY DRIVE, S17ITE 100 DIAMOND BAR, CA 91765 N/A Name of Claimant Home Telephone Number WALNUT VALLEY WATER DISTRICT Home Address of Claimant City and State Business Telephone Number NSA (909) 595-7554' Business Address of Claimant Cityaad State 271 SO. BREA CANYON ROAD WALNUT, CA'. 91789 Give address to which you desire notices or communications to be scot regardingthis claim: 271 SO. BREA CANYON ROAD' WALNUT, CA. 91789 ATTN: CREGG ZI14MERgAN How did DAMAGE or injury occur? Give full partigdats REMOVAL OF STRUCTURAL STREET SECTION COUPLED WITH HEAVY EQUIPMENT TRAFFIC CAUSED BEAM BREAK ON 6" ASBESTOS -CEMENT FIRE HYDRANT LATERAL AND DAMAGE TO 1" WATER SERVICE. When did DAMAGE or INJURY occur? Give fun particulaes date, time ofday DAMAGE TO FIRE' HYDRANT OCCURRED ON SEPTEMBER 19, 200DAT 11:00 A.M. DAMAGE TO WATER SERVICE OCCURRED ON SEPTEMBER 20, 2000 AT 11:45 A.M. Where did DAMAGE or INJURY occur? Describe fully and where appropriate, give street names and addresses. If diagram is provided in blank space onback offoemindicate meawuementsfrom landmarks: DAMAGE TO FIRE HYDRANT LATERAL OCCURRED AT THE INTERSECTION OF SAN'LEANDRO DRIVE AND CHINOOK PLACE. DAMAGE TO WATER SERVICE OCCURRED AT 375 SAN LEANDRO DRIVE What particular ACT or OMISSION do you claim caused the injury or damage? Give morose of City employees causing the injury or damage, if known: DAVID T. WASDEN, INC., CONTRACTOR FOR THE CITY OF DIAMOND BAR, DID NOT PROPERLY PROTECT WATER DISTRICT FACILITIES IN PLACEDURINGCOURSE OF CONSTRUCTION. What DAMAGE or INJURIES do you claim resulted? Give full extent of inryries or damages claimed: DAMAGE TO 6" ASBESTOS -CEMENT FIRE HYDRANT LATERAL AND .1" COPPER SERVICE. What AMOUNT do you claim on account of each item of injury or damage as ofdste ofpt+esen Cation ofthis claim giving basis of 'computation $4,865.27 (See Copy of attached invoice) Give ESTIMATED AMOUNf of your claim for personal, personal propertyand/or real property damages Give basis of computation: $4,865.27 (See Copy of_, attached- invoice) SEE PAGE 2 (OVER) THIS CLAIM'MUST BE SIGNED ON REVERSE SIDE CITY OF DIAMOND BAR ` AGENDA REPORT AGENDA NO. TO: Honorable MayorandMembers of the City Council MEETING DATE: December 19, 2000 REPORT DATE: December 12, 2000 FROM: James DeStefano, Interim City Manager TITLE: Notice of Completion for the San Leandro Drive/Chinook Place and Ballena Drive/Covered Wagon Drive Neighborhood Drainage/Street Improvement Project. SUMMARY: On June 6, 2000, the City Council awarded the construction contract in the amount not -to -exceed $445,397.50 and a contingency amount of $30,000.00 for project change orders to be approved by the City Manager, for a total authorization amount of $475,397.50. On October 20, 2000, staff determined that all work is complete and in accordance with the plans and specifications. The final construction contract amount is $465,894.28. RECOMMENDATION: That the City Council accept the work performed by David T. Wasden, Inc. and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts thirty-five (35) days after the recordation date. LIST OF ATTACHMENTS: X Staff Report Public Hearing _ Resolution Bid Specification Ordinance X Other: Notice of Completion Agreement EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? , X N/A Yes No 2. Does the report require a majority vote? Majority X Yes _ No 3. Has environmental impact been assessed? X N/A Yes _ No 4. Has the report been reviewed by a Commission? X N/A _ Yes No Which Commission? 5. Are other departments affected by the report? X N/A _ Yes No Report discussed with the following affected departments: REVIEWED BY: J es DeStetager avid Liu Interim City Director of Public Works k CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 19, 2000 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Notice of Completion for the San Leandro Drive/Chinook Place and Ballena Dive/Covered Wagon Drive Neighborhood Drainage/Street Improvement Project. ISSUE STATEMENT: To submit and file for recordation a Notice of Completion for the San Leandro Drive/Chinook-Place and Ballena Drive/Covered Wagon Drive Neighborhood Drainage/Street Improvement Project. RECOMMENDATION: That the City Council accept the work performed by David T. Wasden, Inc. and authorize the City Clerk to file the proper Notice of Completion and to release any retention amounts thirty-five (35) days after the recordation date. FINANCIAL SSUMMARY: This action has no fiscal impact on the City. BA CKGROUNDIDIS CUSSION: On June 6, 2000, the City Council awarded the construction contract in the amount. not -to -exceed $445,397.50 and a contingency amount of $30,000.00 for project change orders to be approved by the City Manager, for a total authorization amount of $475,397.50. On October 20, 2000, staff determined that all work is complete and in accordance with the plans and specifications. A change order was necessitated by field conditions that included revision of the quantity & unit price of Bid Item No. l of Alternate Bid (Construct Type lI Slurry Seal), relocation of water service at 23820 Enriquez Avenue set by Walnut Valley Water District, addition of 50 linear feet of 24 -inch reinforced concrete pipe & manhole as required by the Los Angeles County Public Works and addition of a junction structure on Bergante q y g y construction contract amount increased by the 'Drive: as required b the Los Angeles Count Public Works. The sum of $20,496.78. The final construction contract amount including the aforementioned change order is $465,894.28. Prepared by: David G. Liu / John L. Ilasin RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21660 EAST COPLEV DRIVE, STE.100 DIAMOND BAR CA 91765-4177 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10-days after completion. Notice is hereby given that: 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21660 East Conley Drive Suite 100 Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; In fee. (If other than fee, strike "in fee" and insert. for example, "purchaser under contract of purchase," or "iessec") - 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on October 20, 2000 The work done was: San Leandro Driv&Chinook Place and Ballena Dive/Covered Wagon Drive Nei hborhood Draina a/Street Improvement' 7. The-name of the contractor, if any, for such work of improvement was David T. Wasden. Inc. June 6 2000 (If no contractor for work of improvement as a whole, insert "none") {Date of Contract) 8. The property on which said work of improvement was Completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows San Leandro Drive/Chinook Place and Baliena Dive/Covered; Wagonn Drive 9. The street address of said property is "none" (if no street address has been officially assigned, insert' none') CITY OF DIAMOND BAR Dated: Verification for ludividmlOwner_ Signal= of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing ("resident Of Manager of', "A partner ofd-owner or, etc.) notice of completion; I have read said notice of completion and know the contaEs thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. I Executed on 20 _, at Diamond Bar California. (Date of signature) (City where signed) (Personal: signature of the individual who is sweating that the contents of.. the notice of completion are true) CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: James DeStefano, Interim City Manager MEETING DATE December 19, 2000 REPORT DATE: December 14, 2000' FROM: Bob Rose,Community Services Director TITLE: Notice of completion for the Construction of the Skate Park at Peterson Park SUMMARY: On March 21, 2000, the City Council awarded a contract to 4-Con Engineering in the amount of $282,884 (plus a contingency amount of $28,300 for a total authorization of $311,184) to construct a skate park at Peterson Park. Construction began on Monday, April 10, 2000 and was completed on Wednesday, December 13, 2000. The skate park opened on Saturday, July 15, 2000, however, the required turf was held over until the Fall season, a better growing time. The turf is now in and the project is ready to be accepted. The final construction contract amount is $311,162. RECOMMENDED ACTION: Staff recommends that the City Council accept the work performed by 4-Con Engineering, direct the City Clerk to file the proper Notice of Completion and to release any retention amounts thirty-five days after the recordation date. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) Bid Specifications Ordinance(s) X' Other: Notice of Completion _ Agreement EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? NIA _ Yes _ No 2. Does the report require a majority vote? X Yes No 3. Has environmental impact been assessed? N/A _ Yes No 4., Has the report been reviewed by a Commission? _ Yes X No What Commission? N/A 5. Are other departments affected by the report? X Yes No Which Department? Public Works and Building & Safety REVIEWED BY: r J es DeStefan ob ose Interim City Mana er Community Services Director CITY COUNCIL REPORT MEETING DATE: December 19, 2000 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Notice of Completion for the Construction of the Skate Park at Peterson Park Issue Statement To file and submit for recordation a Notice of Completion for the Skate Park at Peterson Park. Recommendation Staff recommends that the City Council accept the work performed by 4 -Con Engineering, direct the City Clerk to file the proper Notice of Completion and to release any retention amounts thirty-five days after the recordation date. Financial Summary The total allocated budget is $350,000 and the construction budget is $311,184. The final cost of construction is $311,162, which is within the construction budget allocation. The process of filing the Notice of Completion is done at no cost to the City and therefore has no fiscal impact. Background On March 21, 2000, the City Council awarded a contract to 4 -Con Engineering in the amount of $282,884 (plus a contingency amount of $28,300 for a total authorization of $311,184) to construct a skate park at Peterson Park. Construction began on Monday, April 10, 2000 and was completed on Wednesday, December 13, 2000. Inspectors determined that the skate park could open in July; 2000, and the grand opening for the facility was conducted on July 15th. However, it was also determined to delay the planting of the turf until a more favorable growing season. The turf was planted in October and has now grown sufficiently for the project to be accepted. Inspectors have determined that all work is complete and in accordance with the plans and specifications and staff is recommending acceptance of the project. The final construction contract amount is $311,162. Discussion The contract amount awarded to 4 -Con Engineering by the City Council is $282,884 (plus a 10% contingency amount of $28,300 for a total authorization of $311,184). Change Order #1 in the amount of $20,000 was processed because of the need to remove additional rock, to complete additional grading and to export additional dirt from the construction site. Change Order #2 in the amount of $8,278 was the final change order and was processed to obtain mulch to cover the dirt`pdor to the planting of the turf; to provide a security guard during the curing of the concrete; to install metal angle iron at additional locations to further protect the concrete and to obtain wall engineering calculations and concrete testing during construction to insure that required specifications were being met. The two `Change Orders totaled $28,278 and when added to the base contract amount of $282,884, resulted in a total construction amount of $311,162, which is within the construction authorization amount of $311,184. Prepared by: Bob Rose Community Services Director RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO Name City of Diamond Bar /{ Street 21660 E. Copley P Y Drive Adiress #100 City A Diamond Bar,- CA 91765 State L J SPACE ABOVE )HIS LINE FOR RECORDER'S USE NOTICE OF 'COMPLETION Notice pursuant to Civil Code Section 3093, must be fled within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of theowneris City of Diamond 'Bar _3. The full address ofthe owner is 21660 E. Copley Drive, ' #100 Diamond Bar, CA 91765 4. The nature of the, interest or estate of the owner is; in fee. (If other than fee. strike ")n fee" 'and insert. for example."purchaser under contract of psrchase," or "lessee') 5. The full names and full addresses of all persons, if any; who hold title with the undersigned as joint tenants oras tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on December 13, 2009he work done was: 11,000 sq. foot Skate Park at Peterson Park 1. The name of the contractor, if any, for such work of improvement was 4 -Con .Engineering,, Inc. March ,21, 2000 (11 no contractor for work of improvement asawhole, insert "none':1- (Date of Contract) S. The property on which said work of Improvement was completed is in the city of Diamond Bar Countyof Los Angeles ', State of California, and is described as follows: Peterson Park 24142 E. Sylvan Glen Road Diamond Bar, CA 91765 S. The street address of said property is 24142 E. Sylvan Glen, Road` Diamond Bar, CA 91765 (II no street address has been officially assigned, insert "none".) Dated: Verification for Individual Owner Signature of owner r corporate officer of owner named in paragraph 2 or his agent I, the undersigned, say: I am the 'Interim City Manacrer the declarant of the foregoing ("President of", "Manager of", "A partner or. -owner or, etc.) notice of completion; ) have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. I Executed on19 at Diamond Bar California. (Dale of signature.) (City where sigrea.) r (Personal signature of the mdividal who is swearing that the contents of the notice of completion are true) CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO TO: Honorable Mayor and Members of the City Council MEETING DATE: December; 19, 2000 REPORT DATE: December 14, 2000 FROM James DeStefano, Interim City Manager TITLE:Resolution 2000-xx: "A Resolution of the :City Council of the City of Diamond Bar Approving Plans and Specifications for the Grand Avenue at Golden Springs Drive Traffic Signal Modification Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids." SUMMARY: Linscott, Law and Greenspan Engineers (LLGE) has designed and prepared the Plans and specifications for the traffic signal modification at the intersection of Grand Avenue and Golden Springs Drive. The proposed modification improvements include the installation of a right -turn overlap phase for eastbound Grand Avenue to southbound Golden Springs Drive, the addition of a' second northbound left -turn lane on Golden Springs Drive, and installation of a right -turn overlap phase for northbound Golden Springs Drive to eastbound Grand Avenue. RECOMMENDATION: That the City Council approve Resolution 2000-xx: "A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Grand Avenue at Golden Springs Drive Traffic Signal Modification Project in Said City and Authorizing and Directing the City Clerk to Advertise: to Receive Bids." LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) X Bid Specification: on file at City Clerk's _ Agreement(s) office. SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed X Yes _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A Yes No 4. Has the report' been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? N/A Yes No REVIEWED BY: James DeStefano 6avidt. Liu Interim City Manager Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 19, 2000 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Resolution 2000-xx: "A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Grand Avenue at Golden Springs Drive Traffic Signal Modification Project in. Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids." RECOMMENDATION: That the City Council approve Resolution 2000-xx: "A Resolution of the City Council of the 'City of Diamond Bar Approving Plans and Specifications for the Traffic Signal Modification Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids." FINANCIAL SUMMARY: A total of $50,000 Developer's fee has been budgeted for the traffic signal modification project. The Engineer's Estimate for the project is $48,000. BACKGROUND/DISCUSSION: Linscott, Law and Greenspan Engineers (LLGE) has designed and prepared the plans and specifications for the traffic signal modification at the intersection of Grand Avenue and Golden Springs Drive. The proposed modification improvements include the installation of a right -turn overlap phase for eastbound Grand Avenue to southboundGolden Springs Drive, the addition of a second northbound left -turn lane on Golden Springs: Drive, and installation of a right -turn overlap phase for northbound Golden Springs Drive to eastbound Grand Avenue. Key aspects of requirements placed upon the contractor includes: ♦ Schedule to be submitted at least 10 calendar days before start of work; Completion of all work within 90 working days; and Liquidated damaged of $5001day,for no -performance. Tentative schedule is as follows: Approval of Plans and Specs December 19, 2000 II Bid Opening for Construction Contract January 10 2001 Award of Construction Contract January 16; 2001 Notice to Proceed for Construction February 5, 2001 End of Construction June 8, 2001 Prepared by David G. Liu RESOLUTION NO. 2000 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE ' GRAND AVENUE AT GOLDEN SPRINGS DRIVE TRAFFIC SIGNAL MODIFICATION PROJECTIN SAID CITY AND AUTHORIZING AND DIRECTING'THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the Grand Avenue at Golden Springs Drive Traffic Signal Modification Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. NOW, THEREFORE, BE IT RESOLVED that the plans 'and specifications presented to the City of Diamond Bar be and are hereby approved as the plans and specifications for the -Grand Avenue at Golden Springs Drive Traffic Signal Modification Project. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid specifications, which' said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, 'directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock a.m. on the 10" day ofJanuary, ` 2001, sealed bids or proposals for the Grand Avenue at Golden Springs Drive Traffic Modification Project. Bids will be opened'`and publicl read immediately in the office of the City Clerk, Suite 100, 21660 E. Copley Drive, Diamond Bar, California 91765- 4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Grand Avenue at Golden Springs Drive Traffic Modification Project. " PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing 'rate of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herein before' stipulated - for any work done under the attached contract, by him or by any - subcontractor under him, in violation of the provisions of said Labor Code, In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council,' properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: 2 A When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percentinthe 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; ,or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractoris required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship, standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor, shall constitute a legal day's work for all - workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which 3 said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8: The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder willenter into the proposed contract if the same is awarded ;to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A' and/or C-10 contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar,' California. Copies of the specifications will be furnished upon application and a non -reimbursable payment of $30.00 to the City of Diamond Bar. Upon 4 written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non -reimbursable payment of $40.00 to cover the cost of mailing charges and overheads. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903 of the General' Provisions, as set' forth in the Specifications regarding the work contracted to be done by the Contractor, the Contractor �� may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City; of Diamond Bar, California, reserves the right to reject any and all bids. ,By order of the City Council of the City of Diamond Bar, California. Dated this day of 2000. PASSED, APPROVED AND ADOPTED by the City Council of the City this day of 2000. MAYOR ATTEST: CITY CLERK 5 F CITY OF DIAMOND BAR AG A REPORT END AGENDA NO. G, TO Honorable Mayor and Members of the City Council MEETING DATE: December 19, 2000 REPORT DATE: December 12, 2000 FROM: 'James DeStefano, Interim City Manager TITLE: Award of Engineering Design Services for the Walnut Drive Street Rehabilitation Project. SUMMARY: On October 3, 2000, the Public Works Division sent out request for proposals for engineering design, services for the Walnut Drive Street Rehabilitation Project. A total of eleven (11) proposals were received on October 19, 2000. The selection committee then short-listed three (3) proposals. The selection committee concurred that the best qualified consultant is GFB-Friedrich & Associates, Inc. for the Walnut Drive Street Rehabilitation Project because of their continued, high standard of excellence working with the City in the past as well as their presentation on research, innovative scope of work & design approach, public relations views, understanding of the City's needs, knowledge of local conditions and cost. RECOMMENDATION: It is recommended that the City Council award the engineering, design services to GFB-Friedrich & Associates, Inc. in an amount not -to -exceed $35,100.00. Furthermore, it is recommended that the City Council authorize a contingency amount of $5,000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $40,100.00. LIST OF ATTACHMENTS: X Staff Report Public Hearing Resolution Bid' Specification Ordinance X Other: Request for Proposal & Consultant's X Agreement Scope of Work EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which. Commission? 5. Are other departments affected by the reports Report discussed with the following affected departments: REVIEWED BY: es DeStefanavid G. Liu J Interim City Manager Director of Public Works z X Yes _ No Majority Yes _ No X N/A Yes No X N/A _ Yes _ No X N/A _ Yes _ No 4 CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 19, 2000 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Award of Engineering Design Services for the Walnut Drive Street RehabilitationProject. ISSUE STATEMENT: To retain engineering design services for the street improvements of Walnut Drive. RECOMMENDATION: Itis recommended that the City Council award the engineering design services to GFB-Friedrich & Associates, Inc. in an amount not -to -exceed $35,100.00. Furthermore, it is recommended that the City Council authorize a contingency amount of $5,000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $40,100.00. FINANCIAL SUMMARY: $200,000.00 of RDA Fund has been budgeted for the Walnut Drive Street Rehabilitation Project. BACKGROUND/DISCUSSION: On October 3, 2000, the Public Works Division sent out request for proposals for engineering design services for the Walnut Drive Street Rehabilitation Project as described below: Walnut Drive Street Rehabilitation Project: Walnut Drive, between the westerly City limits to Lemon Avenue, is heavy with traffic and used as a 60 FWY bypass to and from the City of Industry. While Walnut Drive isnot designated as a truck route, the area is completely light industrial and heavy truck traffic has continued. Consultant will perform pavement analysis for rehabilitation recommendations. A total of eleven (11) proposals were received on October 19, 2000. These proposals were first reviewed and evaluated by the selection committee based on general conformity to the request for proposal, design approach, consultant's understanding of City's needs, experience of firm & team members, design schedule and cost. The selection committee then short-listed three (3) proposals. Finally, the selection committee interviewed the three (3) consultants on December 7, 2000. Special emphasis was placed on the consultant's presentation on the understanding of City's needs, knowledge of local conditions, ability to keep on schedule & within budget and design approach. In consideration' of the aforementioned criteria, the selection committee concurred that the best qualified consultant is GFB-Friedrich'& Associates, Inc. for the Walnut Drive Street Rehabilitation Project because of their continued, high standard of excellence working with the City in the past as well as their presentation on research, innovative scope of work &, design approach, public relations views and cost. The fees received ranged from $16,61.0.00 to $83,000.00. Attached herein are the consultant's scope of work with schedule (Attachment "A") and the signed consulting services agreement. Prepared by: David G. Liu / John L. Ilasin ATTACHMENT «A» 2 SCOPE OF WORK GFB-Friedrich has carefully reviewed the Request for Proposal (RFP) to determine the most effective and efficient way of achieving the objectives outlined therein. Based on our review of the RFP, discussions with City staff, our analysis of the proposed projects, field reviews and our extensive previous experience on similar street design/rehabilitation projects, we have achieved a comprehensive understanding of the proposed project as illustrated in this section: INTRODUCTION The public street improvements listed in the RFP are listed in the chart below. In addition to the three street rehabilitation projects shown below, there is a slurry seal project proposed for Slurry Seal Area 3 in the City of Diamond Bar, as well as a drainage and irrigation improvement project at Peterson Park. ANNA Street From To Approx. Key Issues Length (feet) B. Prospectors Golden Springs Sunset Crossing 1.12 mi. Excessive traffic for a Road Drive Road residential street. Traffic analysis is required to recommend methods for slowing traffic and adding warning signs. Pavement' section may not be adequate for amount of traffic. C. Golden Tonto Lane Temple Avenue 1.94 mi. No major engineering issues. Springs Drive Three schools and a park will require careful construction coordination. D. Walnut Drive West City Limit Lemon Avenue 1.29 mi. Severe structural flaws exist under the new slurry seal. Existing pavement section is almost certain` to be inadequate for the level of truck traffic, Drainage & Project Key Issues Irrigation Size (Acres) E. Peterson 9 ac. - Several mushy spots in the Park ballfields. Differential compaction of the ballfield soil. { ATTACHMENT "A" 10. Prepare slurry seal project area plans on 8-1/2" x 11" sheets with street names and match lines shown throughout. Sheets will show areas of pavement repair and an index sheet will be included. 11. Prepare bid schedule and Engineer's estimate of probable construction costs along with draft technical and special provisions. Special provisions will include sections for construction traffic control, raising manholes and valve covers, adding raised pavement markers, and signing and striping. 12. Submit improvement plans, cost estimate, bid schedule and draft specifications to the City for final review. 13. Based upon City review, finalize improvement plans. 14. Using City boiler plate documents, prepare bid specification package consisting of notice inviting bids, bidder's instructions, bid sheets, insurance requirements, contract documents, general provisions, specialprovisions, and technical specifications and standard drawings. 15. Submit original plans and bid documents to City for final - approval and City's reproduction of bid packages. GFB-Friedrich will add plan and 'specification reproduction to our Scope of Work at the City's: option: 16. Provide consultation during bidding and construction as needed. Plan revisions, if needed, will be completed in a timely manner so as to avoid or minimize construction delays. SCOPE OF SERVICES: Design Projects B, C and D I. Attend project kick-off meeting with City; staff to review project scope and objectives. Review with staff to include site specific details including; limits of work through intersections, areas of concern, and match-up details. A site review will be undertaken-at this time, and any areas of special consideration where survey or pavement testing should be emphasized will be noted. 2. Obtain from City of Diamond Bar or Los Angeles County Transportation Department, as applicable, all available plans for existing street improvements, utility plans and drainage facilities, along with maps, right-of-way mapping, benchmarks, survey book notes, and the City's boiler-plate specifications. 3. Contact Underground Service Alert (USA) to obtain current utility purveyor information. Prepare and; send initial utility notices, including vicinity map and request for all available utility maps, plans, atlases, sketches, etc. within the project area. db00strtpro SCOPE OF WORK October 19, 2000 PAGE 5 r ' ATTACMIIENT «A,, 4. Provide initial survey work including establishing centerline control, benchmark control, and setting of aerial targets. This work will be performed by.Lore n Phillips &Associates. 5. Prepare aerial topography based upon the surveyed aerial targets at 40 -scale. A 200 -foot wide strip map, extending 200 feet past the proposed joinpoints, with one -foot contour intervals and spot _ elevations will be provided. Aer_ial topography work will be_prepared by Robert J,Lung & Associates, Inc. 6. Cross-sections will be surveyed on 50 -foot stations reaching from right-of-way to right-of-way. Additional sections or points will be measured to pick up grade changes, driveways or other existing infrastructure which may affect the design. All visible utilities within the right-of-way will be located. Survey notes will be plotted by computer to show true' locations of infrastructure, which can be used to overlay the topo to double check any interferences. All survey work will be performed by Loren Phillips & Associates and will be dated, signed and submitted within 15 working days as requested by the City. 7. Provide pavement analysis to determine existing ' street conditions and most economical approach for restoring streets to full function. The field portion of this analysis will consist of non- destructive pavement deflection testing by Road Rater, visual inspection of pavement conditions, coring/boring of the in-situ' roadway materials to determine pavement thickness and subgrade materials, subgrade sampling and in-place moisture testing. Office processing will include analysis of pavement cores and field observations and R -value testing of obtained subgrade materials. Recommendations for overlay requirements and preparation of a final report incorporating all of the results of Wrings and pavement conditions along with engineered recommendations for alternate methods of pavement rehabilitation will be provided. The above work will be performed by C.H.J., Inc. For a more detailed scope of their work, please refer to Appendix "A." dboostrt.pro October 19, 2000 SCOPE OF WORK PAGE 6 ATTACHMENT "A" 8. For reconstruction projects, work copy profiles will be drawn at 1"=20' horizontally and 1.25"=1' vertically using a standard profile grid. Proposed grades will be superimposed over existing surface profiles. Work copy street cross sections will be drawn to a scale of 1"=4' horizontally and 1.25"=1' vertically on a standard profile grid. Proposed improvements will be superimposed over sections of the existing surface. 9. Preparation of design base sheets. Aerialtopography, survey information and utility information will be compiled to create base drawings for the project area. The base drawings will initially be set at a 1"=40' horizontal scale which can be changed as necessary by computer for work copies of specific areas as needed. 10. Determine Preliminary Plan Design using the above base sheets, field reviews and the pavement analysis report to lay out the limits of work and the type of pavement rehabilitation. Utility conflicts will be identified along with potholing (by utility or by GFB- Friedrich sub -contractor as additional work) and proposed resolutions will be undertaken at this stage of the project. 11. Present preliminary pian set to the City for review and coordination, along with copies of utility coordination. Limits of work and type of rehabilitation and any special concerns will be reviewed. At this time a final field review of the project area will also be done; to check all plan information and to see if, any special conditions exist which need to be addressed on the plans due to — the type of work being proposed. 12. Prepare street improvement plans for the project area based upon the preliminary design and City review. Improvement plans will be drawn at 1"=40' horizontal and 1"=4` vertical scales. Additional sheets will be used for title sheet, vicinity map, typical sections, notes and details. Existing utilities (surface features) will be shown with notes for caution or, appropriate action. Final plans and specifications will be signed and stamped by a Civil Engineer currently registered in the State of California. 13. Prepare second utility notice, including improvement plans, to be mailed to affected utility companies for their review of the impact of the proposed project on their facilities. Also included will be a request to start any relocation processing that may be required. Improvement pians will reflect existing utility locations as provided by each utility and any proposed relocation. dbDDstrt.pro October 19, 2000 SCOPE Of WORK PAGE 7 ATTACHMENT "A" 14. Prepare signing and striping plans at a 1"=40` scale for the project area. Signing and striping will be in conformance with existing conditions and proposed improvements. 15. Prepare bid schedule and Engineer's estimate of Probable construction costs in tabular form along with draft technical and special provisions. Special provisions will include sections for construction traffic control, and signing and striping. All estimate back-up calculations by plan sheet will also be submitted. 16. Submit street improvement plans, signing and striping plans, cost estimate, bid schedule and draft specifications to the City for final review. 17. Based upon City review, finalize street improvement plans, and signing and striping plans, 18. Using City boiler plate documents, prepare bid specification package consisting of notice inviting bids, bidder's instructions, bid sheets, insurance requirements, contract documents, general provision, special provisions, and technical specifications and standard drawings. The bid specifications will be submitted on 3-1%2" floppy data, disk in Work for Office 97. 19. Submit original plans on both mylars and computer disks, and bid documents, to the City for final approval and City's reproduction of bid packages. GFB-Friedrich will add plan and specification reproduction to our Scope of Work at the City's option. 20. Provide consultation during bidding and construction as needed. Plan revisions, Iif needed, will be completed in a timely manner so as to avoid or minimize construction delays. SCOPE OF SERVICES: Design project E. Peterson Park 1. Attend project kick-off meeting with City staff to review project _ scope and objectives. Review with staff to include site specific details including limits of work and areas of concern. A site review will be' undertaken at this time, and any areas of special consideration will be noted. 2. Obtain from City of Diamond Bar or Los Angeles County, as applicable, all available plans for existing park improvements, utility plans and drainage facilities, along with maps, benchmarks, survey notes, and the City's specifications. SCOPE &00strt.pro OF WORK October ls, 2000 PAGE 8 ATTACHMENT "A" GF&FRIEDRICH ASSOC., INC, CONSULTING CIVIL ENGINEERS December 13, 2000 Mr. David Liu Deputy Director of Public Works City of Diamond Bar 21660 Copley Drive, Suite 190 - Diamond Bar,' CA 91765-4177 Subject. Revised Fee for Walnut Drive Street Rehabilitation Project. Dear David: Upon a review of our original $38,096.00 fee estimate; GFB-Friedrich is pleased to submit our revised time and materials "not -to -exceed" fee estimate as follows: Labor $ 22,070.00 Sub -consultants 12,180.00 Outside Costs 850.00 TOTAL REVISED FEE $ 35,100.00 If you have any questions, please call us. We look forward to starting this project. Sincerely, GFB-FRIEDRICH & ASSOC., INC. /JohnA. Friedrich, P.E. President JAF 6529 RIVERSIDE AVENUE • `SUITE 230 • RIVERSIDE; CALIFORNIA 92506 > (909) 781-0811 • FAX (909) 781-.8435 E-MAIL: gfb-jaf@pacbell;net AT ACHMENT J W N id .0 m W LL W Q a. m co a U 7 O o+ L CL CL� r c d' cnb N � m a` as 3 a z� o a3 V 1�1 LL.. WU n 8. c 0 U pp ca N orN ,.. 2� Z dJ p sem, w a, q oo In. � Q a a o m.��" n°' r�v,Qaca aaaFn r�wtq U a I X City of Diamond Bar Or i t 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 tyge � www.CityofDiamondBar.com October 3, 2000 SUBJECT: Request for Proposals for ProfessionalEngineering Design Services To Civil Engineering Firms: I. INTRODUCTION The City of Diamond Bar; Public Works Division is soliciting fee proposals to conduct professional engineering design services for the following projects: 1. Area 3 Slurry Seal Proiect: This project consists of approximately 23.6 local street miles (Exhibit "A") to have slurry seal treatment, with crack seal, and AC pavement and/or base materials removal and reconstruction in certain areas. Also, 3 additional residential streets in Area 3 have been identified to receive Cape Seal treatment. These streets (entire lengths) are Castle Rock Road, Glenbrook Drive, and Calbourne Drive. Consultant will complete a comprehensive field review to completely cover the 23.6`miles in this area, which includes the walking of every street to map and note field conditions from sidewalks, curb and gutters, pavement distress requiring Deborah H. O'Connor repair and crack seal treatment, and. manholes. The final plans and specificiations Mayor should include attachements for all the slurry and r&r work, making reference and cross reference by specific address and problem and repair solutions. Problem areas Eileen R. Ansad such as tree roots or weakend pavement sections should be reviewed and Mayor Pro Tem recommendations for repair or removal made: Wen Chang 2. Prospectors Road Street Rehabilitation Project: Prospectors Road is a residential Council Member collector between Golden Springs Drive and Sunset Crossing Road. There are Carol Herrera several areas that have been experiencing distress and pavement fluctuations. This Council Member area also has a high level of "cut -through" traffic used by motorists to bypass the 57/60 FWY interchange. Speeding is also an issue along this road and has been the Robert S. Huff subject of several Traffic and Transportation Commission meetings. Consultant will Council Member be required to make recommendations on appropriate mitigation measures as well as conduct up to'2 public information meetings regarding these measures. The chosen measure will be implemented as part of the street rehabilitation plans. Consultant will also be required to obtain pavement analysis for further rehabilitation recommendations along Prospectors Road. - .Recycled paper - Page 2 RFP - Design Services October 4, 2000 3. Golden Springs Drive Street Rehabilitation Project: Golden Springs Drive, between Torito Lane and Temple Avenue, is the final. segment for street rehabilitation on Golden Springs Drive. Consultant shall include pavement analysis for rehabilitation recommendations as well as traffic engineering for striping modifications/enhancements and recommendations: 4. Walnut Drive Street Rehabilitation Project: Walnut Drive, between the westerly City limits to Lemon Avenue, is heavy with traffic and used as a 60 FWY bypass to and from the City of Industry: While Walnut Drive is not designated as a truck route, the area is completely light industrial and heavy truck traffic has continued. `Consultant shall include pavement analysis- for rehabilitation recommendations, 5. Peterson Park Drainaee & Irrigation Improvements Proiect: Peterson Park is a developed nine acre park located at 24142 Sylvan Glen Road. The park suffers from a high water table, runoff from an adjacent slope and poor percolation into a compacted clay soil. Drainage across the athletic field is achieved by surface sheet flow; which is blocked in places by the build up of small berms/ruts. Consultant shall includesoils investigation and tests as well as re -design of irrigation system affected by the proposed drainage improvements. IT. ' PROJECT TIMELINES All projects are identified in the FY 00-01 Capital Improvement Program. All plans, specifications and cost estimates shall be completed and ready for approval by the City Council within 5 months after the issuance of notice to proceed. , Construction should commence by Spring of 2001. Consultants should be able to work within a short time frame. III. PROFESSIONAL DESIGN SERVICES The proposal shall identify each task to be included as part of the project. At a minimum these tasks shall include: 1) Meet with the City staff prior to the beginning of work to discuss background, scope, objectives, and other pertinent details of the project. Consultant shall also attend periodic meetings with City staff at various stages of the project as needed. 2) Collect and review all existing information pertaining to this project, including the available improvement and utility plans. 3) Conduct a utility search for all utilities within the project limits. Review the location of the existing utilities, surface and subsurface structures and proposed improvements. If the Page 3 RFP — Design Services October 4, 2000 proposed improvements interfere with existing utilities, the consultant shall arrange to have potholes taken by the utility company. The consudant shall secure the necessary right-of-way and/or permit:from all utility companies for the design and construction of the project. The consultant shall provide the City copies of all utility correspondences with the completed construction documents submittal. Retention monies due the consultant will not be released until all utility correspondence has been submitted. 4) The survey shall be certified by the surveyor or engineer. The survey shall: A. Locate sufficent topography and take sufficient cross sections to adequately show the condition of the project site prior to construction. Reduce the data to a form, showing centerline station, offset from centerline, and elevation: B. Provide in the cross section notes the beginning, intermediate, and final bench marks used, complete with reference, description, datum name and year, and closing error. Use a minimum of two (2) bench marks. C. Sign, date and submit all original survey notes to the City within fifteen (15) working days after the completion of the survey. 5) The Consultant shall prepare plans and specifications for the street improvement projects as noted under the Introduction. The improvement plans shall have plan and profile using'linch = 40 feet horizontal and l inch= 4 feet vertical scales. Signing and striping plans shall be ata 1 inch = 40 feet scale. Final plans and bid specifications shall be signed and stamped by a Civil Engineer currently registered in the State of California. For reconstruction project(s), work copy profiles shall be drawn at a 1 inch = 20 feet scale horizontally and 1.25 inch = 1 foot scale vertically using a standard profile grid. Proposed grades shall be superimposed over existing surface profiles. Work copy street cross sections shall be drawn to a scale of I -inch = 4 feet horizontally and a 1.25 inch = 1 foot vertically on a standard profile grid. Proposed improvements shall be superimposed over sections of the existing surface. The bid specifications shall be submitted on 3 1/2 inch floppy data disk, in Microsoft Word for Office 97. The Consultant shall prepare and submit a cost estimate in a tabular form for each construction item showing quantity, unit, unit price and total cost. All estimate back-up calculations by plan sheet shall also be submitted. 6) It is the City's intention to use the Standard Specifications for Public Works Construction (latest Edition), the Standard Plans for Public Works Construction (latest Edition) and the American Water Works Association (AWWA) Standard Specifications, in conjunction with City standard specifications and plans. The consultant shall provide copies of referenced standard plans from other sources. Page 4 RFP — Design Services October 4, 2000 7) Revise and/or change plans and related materials as required as ,a result of review of the signed plans by affected utilities or because of errors or omissions in the plans and specifications. Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays and shall not result in any increase in compensation from the City. 8) Provide consultation during construction. The Consultant shall provide any appropriate technical services, including but not imted to, consultation, plan interpretation, and plan revisions resulting from changed conditions, excluding revisionsrequired in Item (7) above. Such revisions shall be completed ina timely manner soasto avoid or minimize, construction delays. In the event; that plan revisions are required during construction,' they shall be considered extra work and additional compensation shall be made based on the hourly rates established in the proposal. IV. CITY SUPPORT A. Existing street and utility plans in the City's possession. B. Reproduction of final construction plans and specifications for advertising. V. PROPOSED FORMAT AND CONTENT A list of the projects which the consultant is proposing to work on for the City must be provided. Consultant may choose to propose on a limited set of projects or all the projects. For all of the projects noted under the Introduction, the Consultant's response to the City's Request for Proposal should provide the following information, using the same format and sequence: A. Project Team An organization chart indicating principals and key project team members together with an indication of their involvement in the project. Also provide resumes of the key personnel involved with this project including personnel from sub -consultants. For the project engineer and project manager, include information for three (maximum) recent projects on his/her record of completion compared to theoriginalproject schedule. B. Firm's Experience Lista maximum of five projects of similar scope which your firm has designed for other public agencies in the greater Los Angeles area. For each project, provide the following information: location, owner, construction cost, year the design was completed, year the construction was completed, your project manager's and engineer's name. If any portion of , the project is sub -contracted, provide similar information for a maximum of three projects. Page 5 RFP Design Services October 4,2000 C. Project Design Discuss the methods and procedures that will be used in the design_ of the project. Provide a list of construction drawings that will be prepared for the project. Also identify any potential concerns or problems in the design of this project. D. Project Scheduling Provide a schedule identifying milestones for the major tasks in the design of the project, beginning with the Notice to Proceed. E. Resource Requirements Provide a man hour and fee estimate by item identified in Section H. Also provide a total "Not to Exceed" design fee for the project. Please state all assumptions upon which the estimates are based. It should be noted that the amount of retention shall be 10 percent for the contract and a reduction in the amount of retention percentage will not be allowed. Retention will be released upon the City's acceptance and approval of the final plans. F. Fee Schedule Provide the hourly rates of all personnel assigned to the project. These rates will be used to negotiate any additional work the City may request. G. Agreement Attachment C is a copy of the City's professional services agreement. A statement MUST be made in the proposal that all terms and conditions are acceptable. H. Insurance Proof of insurance requirements addressed in the professional services agreement of this Request for Proposal shall be submitted by the selected Consultant upon execution of the contract for submittal to the City Council. The, selected Consultant must submit a "Statement Certifying Insurance Coverage" certifying that the required insurance coverage will be obtained by the Consultant, and that the Consultant understands said coverage is prerequisite for entering into an agreement with the City. The Consultant is required to confirm with its insurance carrier Page 6 RFP Design Services October 4,2000 that it can meet all the requirements for insurance. Failure to meet the insurance -regulations as set forth shall result in the consultant's disqualification. I. References List of at least three (3) references for similar projects must be provided. Include contact person, address, and telephone number. VI. SUBMITTAL OF PROPOSAL Six (6) copies of the proposal shall be presented in a sealed envelope bearing the name, address and telephone number of the individual or entity, submitting the proposal and shall be addressed to MR. DAVID G. LIU,DEPARTMENT OF COMMUNITY AND DEVELOPMENT SERVICES, CITY OF DIAMOND BAR, 21660 EAST COPLEY DRIVE, SUITE 190, DIAMOND BAR CA 91765-41'77. The envelope shall be clearly marked with the notation . ''DO NOT OPEN - :PROPOSAL." The proposal shall be delivered to the addressee on or before 3:00 P.M. on October 19, 2000. VIL SELECTION PROCEDURES Criteria for the evaluation of the proposals may include, but need not be limited to, the following: A. Completeness, of proposal. B. Firm's and key project team member's experience in performing similar work. C. Firm's and key project team member's record in accomplishing work assignments for projects in the agreed work. - D. Consultant's demonstrated understanding of the scope of work. E. Quality of work previously performed by the firm. F. The resources and fee required to perform the requested services. G. The consultant's comments on the professional services agreement. H. References A "Short List of firms will be selected for further consideration and may be contacted to arrange an interview with City Staff. Page -7 RFP -Design Services October 5, 2000 VIII. ORAL INTERVIEWS In addition to the written proposal,: each firm may be asked to make an oral presentation to the Selection Advisory Committee. The Consultant should have available the project manager and the project engineer to discuss the following; A. The major elements of the proposal and be prepared to answer questions clarifying their detailed proposal. B. A description of previously related experience for key project team member. Work sample exhibits may also be used. C. The proposed project design schedule. D. The proposed man-hour resources and total project design fee. IX. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any, other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind which may be incurred by a proposer. All proposals submitted to the City in response to this Request for Proposal shall become the property of the City. X. QUESTIONS If there are any questions regarding this Request for Proposal, please contact Mr. John Basin or me at (909) 396-5672. Sincerely, David G. Liu, P.E. Director of Public Works Attachments cc: Jim DeStefano, Deputy City Manager 9 VE&R SLURRY LOCAL STREET MILEAGE AREA 1 _ 19.6 c Ursa -s9) AREA 2 ■ ' 22.0 c FY r -o*J — AREA 3 a 23.6 cFYoo-ol) AREA 4 = 18.7 cF -' -'_ _ AREA 5 a 17.5 c�toz e; b i 77 "'77 60 57 .c• a u a CITY OF MA MOND BAR PAVEMENT MANAGEMENT SYSTEM February 1998 ATTACHMENT A WORK SUBMITTALS FOR CITY REVIEW The following items shall be submitted to facilitate the City's review of the consultant's design: Preliminary Plans Submittal 1. Summary of all utilities which will be relocated, adjusted or modified. 2. Preliminary design plans. Final Plans Submittal Provide final plans which conform to the approved scope and show all the information and details needed to permit construction survey staking directly therefrom. ` The plans shall incorporate any _changes or additions required as a result of review by the City and utilities. " Submit both the original drawings and diskettes (See Attachment B). Submit the originals of the following items for the City's records. 1. All pertinent design correspondence, including responses from utilities and affected Agencies. 2. Construction drawings and reproducible specifications. 3. Cost estimate and all back-up material. I ATTACHMENT B CITY OF DIAMOND BAR MAPPING, DOCUMENTATION, & PLAN PREPARATION REQUIREMENTS MAPPING To the extent possible, mapping shall be prepared to engineering accuracy (i.e., to two decimal places) based on available improvements plans, right -of --way maps, parcel reaps, and tract maps. When information from different sources appears to conflict, assumptions shall be documented and the City shall be notified in writing. In preparing maps, drawings, and other exhibits, consultant shall use an acceptable CADD program i.e. AutoCAD (latest release). Preliminary CADD drawings may be plotted on reproducible bond paper. Final CADD drawings shall be plotted on 4 mil thick mylar and provided to the City as a deliverable product. Final CADD drawing files shall be provided to the City on 3 1/2" DOS -formatted, high density (1.44 Mb) diskettes as a deliverable product. All final CADD drawing files shall become the property of the City and may be used subsequently by the City or its assignee without additional compensation to the consultant. Changes made to copies of the consultant's original CADD drawings by others does not necessarily release the consultant from further responsibility ,or liability for the accuracy or completeness of the information contained in the original CADD drawings. DOCUMENTS Document files shall be prepared using Microsoft Word for Office 97, Final document files shall be provided to the City on 3 1/2" DOS -formatted, high density (1.44 Mb) diskettes as a deliverable product. All final document files shall become the property of the City and may be used subsequently: by the City or its assignee without additional compensation to the consultant. Changes made to copies of the consultant's original documents by others does not necessarily release the consultant from further responsibility or liability for the accuracy or completeness of the information contained in the original documents. ATTACHMENT C CONSULTING SERVICES AGREEMENT THIS, AGREEMENT is made as of by and between the City of Diamond Bar, a municipal corporation ("City") and ("Consultant"). RECITALS A. City desires to utilize the services of _Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated _, 2000. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principalsand employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated , 2000 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect , 2000, and shall continue until 20_ unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City incompliancewith the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed dollars ($ ). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: . City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 1 y 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner,represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties,' and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly_ independent contractor relationship' between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation lawregarding Consultant and Consultants employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a resultofConsultant's failure to promptly pay to City any reimbursement; or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions.' 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to personsorproperty, penalties, obligations, or liabilities that may be -asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its . agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and 2 omissions) to coveror partially cover damages 'that may the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall, provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. - B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of .performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, 'discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares. reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultants prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City. without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 3 z first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints receivedby City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior_ to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either:party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other. condition of performance under this Agreement. m no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. - 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement,' the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 2L Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of �I this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same' instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire andintegrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly' refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 5 i CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. C TO: Honorable Mayor and Members of the City Council MEETING DATE: December 19, 2000 REPORT DATE: December 14, 2000 FROM: James DeStefano, Interim City Manager TITLE: Award of Engineering Design Services for the Prospectors Road Street Rehabilitation Project. SUMMARY: On October 3, 2000, the Public Works Division sent out request for proposals for engineering design services for the Prospectors Road Street Rehabilitation Project. A total of ten (10) proposals were received on October 19, 2000. The selection committee then short-listed three (3) proposals. The selection committee concurred that the best qualified consultant is Charles Abbott Associates, Inc. for the Prospectors Road Street Rehabilitation Project based on their knowledge of local conditions, innovative scope of work & design approach, traffic mitigation approach, public relations views, understanding of the City's needs and cost. RECOMMENDATION: It is recommended that the City Council award the engineering design services to Charles Abbott Associates, Inca in an amount not -to -exceed $34,370.00. Furthermore, it is recommended that the City Council authorize a contingency amount of $5,000.00 for contract amendment(s) to be approved by the City Manager, for total authorization amount of $39,370.00. LIST OF ATTACHMENTS: X Staff Report Public Hearing Resolution _ Bid Specification Ordinance X Other: Request for Proposal & Consultant's X Agreement Scope of Work EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLISTc 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes _ No 2. Does the report require a majority vote? Majority _ Yes_ No 3. Has environmental impact been assessed? X N/A _ Yes _ No 4. Has the report been reviewed by a Commission? X N/A _ Yes _ No Which Commission? 5. Are other departments affected by the report? XN/A Yes _ No Report discussed with the following affected departments: REVIEWED BY: Jan(DeStefano 6d&G. Liu Interim City Manager Director of Public Works CITY COUNCIL REPORT MEETING DATE December 19, 2000 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Award of Engineering Design Services for the Prospectors Road Street Rehabilitation Project. ISSUE STATEMENT: To retain engineering design services for the street improvements of Prospectors Road. AGENDA NO. RECOMMENDATION It is recommended that the City Council award the engineering design services to Charles AbbottAssociates, Inc. in an amount not -to -exceed $34,370.00. Furthermore, it is recommended that the City Council authorize a contingency amount of $5,000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $39,370.00. FINANCIAL SUMMARY: $360,000.00 of Gas Tax Fund has been budgeted for the Prospectors Road Street Rehabilitation Project. BACKGROUND/DISCUSSION: On October 3, 2000, the Public Works Division sent out request for proposals for engineering design services for the Prospectors. Road Street Rehabilitation Project as described below: Prospectors Road Street Rehabilitation Project; Prospectors Road is a residential collector between Golden Springs Drive and Sunset Crossing Road.' There are several areas that have been experiencing distress and pavement fluctuations. This area also has a high level of "cut -through" traffic used by motorists to bypass the 57/60 FWY interchange. Speeding is also an issue along this road and has been the subject of several Traffic and Transportation Commission meetings. Consultant will make recommendations on appropriate mitigation measures as well as conduct up to 2 public information meetings regarding these measures. The chosen measure will be implemented as part of the street rehabilitation plans. Consultant will perform pavement analysis for further rehabilitation recommendations along Prospectors Road. A total of ten (10) proposals were received on October 19, 2000. These proposals were first reviewed and evaluated by the selection committee based on general conformity to the request for proposal, design approach, consultant's understanding of City's needs, experience of firm &team members, design schedule and cost. The selection committee then short' -listed three (3) proposals. Finally, the selection committee interviewed the three (3) consultants on December 7, 2000. Special emphasis was placed on the consultant's presentation on the understanding of City's needs, knowledge of local conditions, ability to keep on schedule '& within budget and design approach. In consideration of the aforementioned criteria, the selection committee concurred that the best qualified consultant is Charles Abbott Associates, Inc. for the Prospectors Road Street Rehabilitation Project based on their knowledge of local conditions, innovative scope of work & design approach, traffic mitigation approach, public relations views, understanding of the City's needs and cost. The fees received ranged from $29,950.00 to $92,985.00. Attached herein are the consultant's scope of work with schedule (Attachment "A") and the signed consulting services agreement. Prepared by: David G. Liu / John L. Basin _ ATTACHMENT «A„ A :�3 . PROFESSIONAL BUILDING & SAFETY/ ENGINEERING `INFRASTRUCTURE MAN:1(,FS.1 N i PROJECT DESIGN AND SCOPE OF WORK Charles Abbott Associates,Inc. (CAA) has reviewed the City's RFP, performed visual field reviews of the three streets, and discussed the project with City staff. We are proposing to use existing base; plans, supplemented with aerial photography and ground support at intersections,. to obtain base information. Based on this effort we proposed a two -phased work program for completing the proposed work. The following describes CAA's understanding of each phase and work task necessary for the City to meet its objectives for each of the three city street rehabilitation projects contained in your RFP. PHASE I — STUDY PHASE This first phase includes eight tasks and involves the initial project scoping, analysis of the conditions of the street using visual and deflection analysis, and other data research. All eight tasks apply to each of the three projects. Task I — Proiect Scoping Meeting The CAA team will begin this project by meeting with City staff to discuss the scope of each element of the project and to coordinate all aspects of the project: During, this meeting and subsequent meetings, we will obtain future traffic volumes from the City to be used for pavement design. We will also discuss City goals for the project. Task 2 — Research and Site Investigation The CAA team will conduct research of all "as -built" plans, utility records, soils data and other information, which may be pertinent data. We will search through' "as -built" plans that the City has. We will also search County files in this task: Cin, qf Diamond tsar— Engimering Design .5ervic^e.v i Page 3-L CHARLES ABBOTT ASSOCIATES, INC. 371 VAN NF.ss WAY • SUTTE 200 0 TORRANCE, C:A. 90501 310) 212-5778 * FAX (310) 212-0993 EMAIL: INFO@CAA ONLINE.COIvt ATTACHMENT "A" PROFESSIONAL BUILDING & S.AFETI /ENGINEERING,' INFRASTRUCTL'Rc �S.a N.ac E:17 F'N i Task 3 — Aerial Photography and Surveying The CAA team will have aerial photography performed to get complete data, for developing base sheets. Ground surveying will be performed to set control for aerial photography and to get more detailed information in the intersections. The length of the streets is as follows: a. Prospectors Road- approximately L 1 miles, b. Golden Springs — approximately 1.4 miles, and C. Walnut Drive — approximately 0.5 miles. Task 4 — Non-Destruction Pavement Analysis The CAA team will gather pavement 'deflection data from each travel lane at 200-foot intervals using a Road Rater pavement deflection device. In addition, an extensive visual survey of the pavement, curb and gutter and drainage will be conducted and documented in a detailed log. The deflection measurements for each of the 3 streets are as follows: a. Prospectors Road - 58 deflection tests, b. Golden Springs Drive — 146 deflection tests, and C. Walnut Drive — 26' deflection tests. Task 5 - Core Test Pavement The CAA team will core test the existing pavement and base materials at approximately 500-foot intervals as well as sufficient subbase material to clearly understand the existing pavement section and to obtain samples for material testing. The core test locations will be recorded and a log of each core will be developed. The number of core tests on each street is as follows: a. Prospectors Road 12 core tests, b. Golden Springs Drive — 15 core tests, and C. Walnut Drive— 11 core tests. City of Di mon dliar — Eughteerhig, Design Services Page 3 . CHARLES ABBOTT ASSOCIATES, INC. 371. VAN NESS WAY • SUITE 200 • TORRANCE, CA 90501 (310) 212-.5778 •. FAX (310) 212-0993 EMAiLi INFO@CAA-ONLINE.COM ATTACHMENT "All LAA PROFFSWNAL BUILDING g. SAFETY/ E\GINEERING."INFRASTRUCTURE MANACEMENT Task 6 — Perform Material Testing The CAA team will conduct laboratory testing of the material sample to determine moisture content and "R values". We believe that "R -values" should be computed in several areas on each street. The number of "R -values" on each street is as follows: a. Prospectors Road — 4 R -values, b. Golden Springs Drive— 6 R=values, and c. Walnut Drive — 2 R -values. Task 7 — Develop Initial Recommendations The CAA team will develop initial pavement rehabilitation recommendations and their cost benefit based on the design life, the testing, analysis and traffic data. The Caltrans Test Method No. 356 will be used for comparing overlay requirements for each of the three streets. Task &— Review with City Staff CAA will review the results of Tasks 2 3, 4, 5, and 6 for each of the three streets with City staff to receive their input and to determine exactly how the City wishes to proceed -with the project. Based on this review and discussion, the City and CAA will select the rehabilitation methods to be used. PHASE II —DESIGN PHASE This phase will include eight tasks, which will cover preparation of base sheets, plans, - specifications, and estimates. CAA proposes that the plans for each of the streets will be plan only, since existing curb and gutter is generally acceptable. C idy q ' fiirzna€ nd Bar -- Engineering I}esi is &4wre.c CHARLES ABBOTT ASSOCIATES, INC. 371 V.SN NESS WAY • SUITE 200 • TORRANCE, CA 90501 (310) 212-5775 0 FAX (310) 212-0993 EMAIL: INFO@CAA ,ONLINE.COM ATTACHMENT «A» PROFES$IOtiA_ BUILDING & SAFETY /ENGINEER:NG/ INFRASTRUCTURh A\AGF\(I\T Task 9 - Prepare Base Sheets The CAA team will prepare base sheets for this project from the aerial photography. The base sheets will be at a scale of 1" = 40' horizontally. We propose to only use plan view since all curb and gutter are in place and will control elevations of rehabilitation work. The number of base sheets for each street is as follows: - a. Prospectors Road — 3 base sheets, b. Golden Springs Drive- 4 base sheets, and c, Walnut Drive - 2 base sheets. Task 10 — Utility Coordination The CAA team will coordinate with utility companies to ensure that pavement testing and pavement rehabilitation will not effect existing utilities. CAA will also determine future plans for construction utilities along the street anddetermineadjustments to be made to utilities in the street to accommodate the project construction. Task 11-- Prepare Typical Sections The CAA team will prepare typical sections for the rehabilitation treatment, which will clearly show the new pavement section and the limits for use. These typical sections will be reviewed with City staff for their concurrence. Task 12 — Prepare Construction Plans The CAA team will prepare plans for the rehabilitation project using the base sheets from Task 9. We will draw sections of roadway which are "stacked" on the base sheets. These plans will be reviewed with. City staff at the 60% and 90% completion stages. The total sheet count for each the of three street segments is as follows: a. Prospectors Road - 6 sheets, b. Golden Springs Drive — 7 sheets, and C. Walnut Drive — 5 sheets. City qf Diamond Bar - Engineering Design er°vire:# Page 3 _ 4 CHARLES ABBOTT ASSOCIATES, INC. _ 371 VAN .NESS WAY • SUrrE 200 • ToRRANCE, CA 90507 (310) 212-5779 & FAX 31.0) 212-0993 I' EMAIL: INFOCCAA-ONLINv E.COM _ ATTACHMENT "All CAA PROFESSIONAL BUILDING 9'- SAFETY % ENG7 N.EERINGi 1NFRASTRUCTL'RF. MANAGF M LNI Task 13 — Prepare Specifications and Estimates The CAA team will prepare specifications and a construction cost estimate for each of the projects as the construction plans are developed Task 14 --Prepare Traffic/Striping Flan The CAA team will prepare striping plans for each of the three projects using the base sheets which were prepared in Task 9. This task will be expanded for the Prospectors Road projects to include the following sub tasks. 14.1 Prepare 2 alternate traffic calming approaches to reduce speeds on the street. 14.2 Participate in up to 2 public information meetings to receive public comments on the alternate plans. 14.3 Prepare final traffic calming plan. 14.4 Present final traffic calming plan to the Traffic and Transportation Committee. This final accepted plan will be incorporated into the plans and specifications for Prospectors Road. Task 15 - Prepare _Traffic Control Plan CAA will prepare three traffic control plans for construction, one for each of the project. This plan will take into account traffic volumes, peaking and the geometrics of the roadway. City of Diamond Bar -- Engineering Desagn Services Page 3 - CHARLES ABBOTT ASSOCIATES, INC. 371 VAN NEss.WAY • SUTPE 200 • TJRRANCE, CA 90501 (310) 212.-5778 •FAX (310) 2,12-0993 EMAIL: INFO@CAA ONLINE. COM ATTACHMENT «A» CAA PROFESSIONAL BU ILI)ING $ SAFETY/LNG I NEER I NC /IN FRAVMU6CTURE \1,!NgG ES1L\l' Task 16 = Provide Contract Administration Services CAA will provide the following contract administration services: • Assistance in preparation of advertisements; • Attendance at pre-bid conference; 0 Answering bidders' questions; • Assistance with bid tabulation/evaluation; Assistance with contract award, and • Attendance at pre -construction conference. Task 17 — Provide Construction Consultation Service CAA will provide consultation, plan interpretation and plan revisions resulting from changed conditions. Plan revisions will be consideredextra work. City qf Diani€and fear— Enghzeerhkq Design 'Services, Page 3- CHARLES ABBOTT ASSOCIATES, INC. 371 VAN AESS.WAY • SUITE 200 • TORRANGE, CA 9o5o1 (31'0) 212-.5778• FAX (310) 212-0993 FM:AIL INFO@C.AA ON.LINE. COM i ATTACHMENT "A" 0 o 0 00� 0 n o o a 0 o 0 0 0 0 0 o 0 m 0 n 0 0 o� 0 r� 0 rn 0 Ln 0 o 0 fn 0 n Y m o o -q �r co eo T 0)o r_ r� � n m o n Z W � m (am O .. V 1. C6 N_ r r Cn LLI OD r m Ch ,T• U N L0cn6 o. Q D O III ,w I ATTACHMENT "A" 0 o 0 00� 0 n o o a 0 o 0 0 0 0 0 o 0 m 0 n 0 0 o� 0 r� 0 rn 0 Ln 0 o 0 fn 0 n aq m o o -q �r co eo (m 0)o r_ r� � n m o n c) � m (am r .. V 1. C6 N_ r r OD r Ch ,T• m. ,w Lig J D Y' CO r O n O "t C7 CO O 't cY N d CO N m r r N OD C> O N c) N lq r O m 1 N CO r O to O r H L �. T /\ V N v N 00 ct �t �f o N v Q SCC so 0 OD M N N 00. 00 LO � r LLwe r am co v v co co m w ao w D D t a ami N cv �t C,N T� N N00 d O l� N Coco rn', O. •� r W i GLL! 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Copley Drive, Suite loo • Diamond Bar, CA 91765-4177 > (909) 860-2489 • Fax (909) 861-3117 i9g9 www_CityofDiarnondBar.com October 3, 2000 SUBJECT: Request for Proposals for Professional Engineering Design Services To Civil Engineering Firms: 1, INTRODUCTION The City of Diamond Bar Public Works Division is soliciting fee proposals to conduct professional engineering design services for the following projects: 1. Area 3 Slurry Seal Proiect: This project consists of approximately 23.6 local street miles (Exhibit "A") to have slurry seal treatment, with crack seal, and AC pavement and/or base materials removal and reconstruction in certain areas. Also, 3 additional residential streets in Area 3 have been identified to receive Cape Seal treatment. These streets (entire lengths) are Castle Rock Road, Glenbrook Drive, and Calbourne Drive. Consultant will complete a comprehensive field review to completely cover the 23.6 miles in this area, which includes the walking of every street to map and note field conditions from sidewalks, curb and gutters, pavement distress requiring Deborah H. O'Connor repair and crack seal treatment, and manholes. The final plans and specificiations Mayor should include; attachements for all the slurry and r&r work, making reference and cross reference by specific address and problem and repair solutions. Problem areas Eileen R. Ansari such as tree roots or weakend pavement sections 'should be reviewed and Mayor Pro Tem recommendations for repair or removal made- Wen Chang Council Member 2. prospectors Road Street Rehabilitation Project: Prospectors Road is a residential collector between Golden Springs Drive and Sunset Crossing Road. There are Carol Herrera several areas that have been experiencing distress and pavement fluctuations. This Council Member area also has a high level of "cut-through" traffic used by motorists to bypass the 57/60 FWY interchange. Speeding is also an issue along this road and has been the Robert S. Huff subject of several Traffic and Transportation Commission meetings. Consultant will Council Member be required to make recommendations on appropriate mitigation measures as well as conduct up to 2 public information meetings regarding these measures. The chosen measure will be implemented as part of the street rehabilitation plans. Consultant will also be required to obtain.pavement analysis for further rehabilitation recommendations along Prospectors Road. Recycled paper Page 2 RFP - Design Services October 4, 2000 - 3. Golden Springs Drive Street Rehabilitation Project: Golden Springs Drive, between Torito Lane and Temple Avenue, is the final segment for street rehabilitation on Golden- Springs Drive., Consultant shall include pavement analysis for rehabilitation recommendations as well as traffic engineering for striping modifications/enhancements and recommendations. 4. Walnut Drive Street Rehabilitation Project: Walnut Drive, between the westerly City limits to Lemon Avenue, is 'heavy with traffic and used as a 60 FWY bypass to and from the City of Industry. While Walnut Drive is not designated as a truck route, the area is completely light industrial and heavy truck traffic has continued. Consultant shall include pavement analysis for rehabilitation recommendations. 5. Peterson Park Drainage & Irrigation Improvements Proiect- Peterson Park is a developed nine acre park located at 24142 Sylvan Glen Road. The park suffers from a high water table, runoff from an adjacent slope and poor percolation into a compacted clay .soil: Drainage across the athletic field is achieved by surface sheet flow, which is blocked in places by the build up of small berms/ruts. Consultant shall include soils investigation and tests as well as re-design of irrigation system affected by the proposed drainage improvements. I1. PROJECT TIMELINES All projects are identified in the FY 00-01 Capital Improvement Program. All plans, specifications and cost estimates shall be completed and ready for approval by the Ci tyC Council within 5 months after the issuance of notice to proceed. Construction should commence by Spring of 2001. Consultants should be able to work within a short time frame. III. PROFESSIONAL DESIGN SERVICES The proposal shall identify each task to be included as part of the project. At a minimum these tasks shall include: 1) Meet with the City staff prior to the beginning of work to discuss background, scope, objectives, and other pertinent details of the project. Consultant shall also attend periodic meetings with City' staff at various stages of the project as needed. 2) Collect and review all existing information pertaining to thisproject, including the available improvement and utility plans. 3) Conduct a utility search for all utilities within the project limits. Review the location of the existing utilities, surface and subsurface structures and proposed improvements. If the I Page 3 RFP — Design Services October 4, 2000 proposed improvements interfere with existing utilities, the consultant shall arrange to have potholes taken by the utility company. The consutlant shall secure the necessary right-of-way and/or permit from all utility companies for the design and construction of the project. The consultant shall provide the City copies of all utility correspondences with the completed construction documents submittal. Retention monies due the consultant will not be released until all utility correspondence has been submitted. 4) The survey shall be certified by the surveyor or engineer. The survey shall: A. Locate sufficent topography and take sufficient cross sections to adequately show the condition of the project site prior to construction. Reduce the data to a form showing centerline station, offset from centerline, and elevation. B. Provide in the cross section notes the beginning, intermediate, and final bench marks used, complete with reference, description, datum name and year, and closing error. Use a minimum of two (2) bench marks. C. 'Sign, date and submit all original survey notes to the City within fifteen (15) working days after the completion of the survey. 5) The Consultant shall prepare plans and specifications for the street improvement projects as noted under the Introduction. The improvement plans shall have plan and profile using linch = 40 feet horizontal and 1 inch = 4 feet vertical scales. Signing and striping plans shall be at a 1 inch = 40 feet scale. Final plans and bid specifications shall be signed and stamped by a Civil Engineer currently registered in the Stateof California. For reconstruction project(s), work copy profiles shall be drawn at a 1 inch = 20 feet scale horizontally and 1.25 inch = 1 foot scale vertically using a standard profile grid. Proposed grades shall be superimposed over existing surface profiles. Work copy street cross sections shall be drawn to a scale of 1 -inch = 4 feet horizontally and a 1.25 inch = 1 foot vertically on a standard profile grid. Proposed' improvements shall be superimposed over sections of the existing surface. The bid specifications shall be submitted on 3 1%2 inch floppy data disk, in Microsoft Word for Office 97. The Consultant shall prepare and submit a cost estimate in a tabular form for each construction item showing quantity, unit, unit price and total cost. All estimate back-up calculations by plan sheet shall also be submitted, 6) It is the City's intention to use the Standard Specifications for Public Works Construction (latest Edition), the Standard Plans for Public Works Construction (latest Edition) and the American Water Works Association (AWWA) Standard Specifications, in conjunction with City standard specifications and plans. The consultant shall provide copies of referenced standard plans from other sources. Page4 RFP Design Services October 4, 2000 7) Revise and/or change plans and related materials` as required as a result of review of the signed plans;by affected utilities or because of errors or omissions in the plans and specifications. Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays and shall not result in any increase in compensation from the City. 8) Provide consultation during construction. The Consultant shall provide any appropriate technical services, including but not limited to, consultation, plan interpretation, and plan revisions resulting from changed conditions, excluding revisions required in Item (7) above. Such ,revisions shall be'completed in a timely manner so as to avoid or minimize construction delays. In the event that plan revisions are required during construction, they shall be considered extra work and additional compensation shall be made based on the hourly rates established in the proposal. IV. CITY SUPPORT A. Existing street and utility plans in the City's possession: B. Reproduction of final construction plans and specifications for advertising. V. PROPOSED FORMAT AND CONTENT A list of the projects which the consultant is proposing to work on for the City must be provided. Consultant may choose to propose on a limited set of projects or all the projects. For all of the projects noted under the Introduction, the Consultant's response to ,the City's Request for Proposal should provide the following information, using the same format and sequence: A. Project Team An organization chart indicating principals and key project team members together with an indication of their involvement in the project. Also provide resumes of the key personnel involved with this project including personnel from sub -consultants. For the project engineer and project manager, include information for three (maximum) recent projects on his/her record of completion compared to the original project schedule. B. Firm's Experience List a maximum of five projects of similar scope which your firm has designed forother public agencies in the greater Los Angeles area. For each project, provide the following information: _ location, owner, construction cost, year the design was completed, year the construction was completed, your project manager's and engineer's name. If any portion of the project is sub -contracted, provide similar information for a maximum of three projects. Page 5 RFP — Design Services October 4, 2000 C. Project Design Discuss the methods and procedures that will be used in the design of the project. Provide a list of construction drawings that will be preparedfor the project. Also identify any potential concerns or problems in the design of this project. D. Project Scheduling Provide a schedule identifying milestones for the major tasks in the design of the project, beginning with the Notice to Proceed. E. Resource Requirements Provide a man hour and fee estimate by item identified in Section II_ Also provide a total "Not to Exceed" design fee for the project. Please state all assumptions upon which the estimates are based. It should be noted that the amount of retention shall be 10 percent for the contract and a reduction in the amount of retention percentage will not be allowed. 'Retention will be released upon the City's acceptance and approval of the final plans. F. Fee Schedule Provide the hourly rates of all personnel assigned to the project. These rates will be used to negotiate any additional work the City may request. G. Agreement Attachment C is a copy of the City's professional services agreement. A statement MUST be made in the proposal that all terms and conditions are acceptable. H. Insurance Proof of insurance requirements addressed in the professional services agreement of this Request for Proposal shall be submitted by the selected Consultant upon execution of the contract for submittal to the City Council. The selected Consultant must submit a "Statement Certifying Insurance Coverage" certifying that the required insurance coverage will be obtained by the Consultant,, and that the Consultant understands said coverage is prerequisite for entering into an agreement with the City. The Consultant is required to confirm with its insurance carrier Page 6 RFP — Design Services October 4, 2000 that it can meet all the requirements for insurance. Failureto meet the insurance regulations as set forth shall result in the consultant's disqualification. I. References List of at least three (3) references for similar projects must be provided. Include contact person, address, and telephone number. VI. SUBMITTAL OF PROPOSAL Six (6) copies of the proposal shall be presented in a sealed envelope bearing the name, address and telephone number of the individual or entity submitting the proposal and shall be addressed to MR. DAVID G. 'LIU, DEPARTMENT OF COMMUNITY AND DEVELOPMENT SERVICES, CITY OF DIAMOND BAR, 21660 EAST COPLEY DRIVE, SUITE 190, DIAMOND BAR, CA 9176574177. The envelope shall' be clearly marked with the notation "DO NOT OPEN - PROPOSAL." The proposal shall be delivered to the addressee on or before 3:00 P.M. on October 19, 2000. VII. SELECTION PROCEDURES Criteria for the evaluation of the proposals may include, but need not be limited to, the following: A. Completeness of proposal. B. Firm's and key project team member's experience in performing similar work. C. Firm's and key project team member's record in accomplishing work assignments for projects in the agreed work; D. Consultant's demonstrated understanding of the scope of work. E. Quality of work previously performed by the firm. F. The resources and fee required to perform the requested services. G. The consultant's comments on the professional services agreement. H. References A "Short List" of firms will be selected for further consideration and may be contacted to arrange an interview with City Staff. Page 7 RFP Design Services October 5, 2000 VIII. ORAL' INTERVIEWS In addition to the written proposal, each firm ma b asked to make an oral presentation to the Selection. Advisory Committee. The Consultant should have available the project manager and the project engineer to discuss the following: A. The major elements of the proposal and be prepared to answer questions clarifying their detailed proposal. B. A description of previously related experience for key project team member. Work sample exhibits may also be used. C. The proposed project design schedule: D. The proposed man-hour resources and total project design fee, IX. RIGHT TO REJECT ALL PROPOSALS The 'City reserves the right to reduce or revise elements of the scope of work prior to the award` of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred ' in the preparation of the proposal, in the submission of additional information andlor;in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer: The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind which may be incurred by a proposer. All proposals submitted to the City in response to this Request for Proposal shall become the property of the City. X. QUESTIONS If there are any questions regarding this Request for Proposal, please contact Mr. John Easin or me at (909) 396-5672. Sincerely, David G. Liu, P.E. Director of Public Works Attachments cc: Jim DeStefano, Deputy City Manager CITY OF DIAMOND BAR PAVEMENT MANAGEMENT SYSTEM February 1998 ATTACHMENT A WORK SUBMITTALS FOR CITY REVIEW The following items shall be submitted to facilitate the City's review of the consultant's design: PreliminM Plans Submittal 1. Summary of all utilities which will be relocated, adjusted or modified. 2. Preliminary design pians. Final Plans Submittal Provide final plans which conform to the approved scope and show all the information and details needed to permit construction survey staking directly therefrom. The plans shall incorporate any changes or additions required as a result of review by the City and utilities. Submit both the original drawings and diskettes (SeeAttachment B). Submit the originals of the following items for the City's records. 1. All pertinent design correspondence, including responses from utilities and affected Agencies. 2. Construction drawings and reproducible specifications. 3. Cost estimate and all back-up material. ATTACHMENT B CITY OF DIAMOND BAR' MAPPING, DOCUMENTATION, & PLAN PREPARATION REQUIREMENTS MAPPING To the extent possible, mapping shall be prepared to engineering accuracy (i.e., to two decimal places) based on available improvements plans, right-of-way maps, parcel maps, and tract maps. When information from different sources appears to conflict, assumptions shall be documented and the City shall be notified in writing. In preparing maps, drawings, and other exhibits, consultant shall use an acceptable CADD program - i.e. AutoCAD (latest release). Preliminary CADD drawings may be plotted on reproducible bond paper. Final CADD drawings shall be plotted on 4 mil thick myiar and provided to the City as a deliverable product. Final CADD drawing files shall be provided to the City on 3 1/2" DOS -formatted, high density (1.44 Mb) diskettes as a deliverable product. All final CARD drawing files shall become the property of the City and may be used subsequently by the City or its assignee without additional compensation to the consultant. Changes made to copies of the consultant's original CADD drawings by others does not necessarily release the consultant from further responsibility or liability for the accuracy or completeness of the information contained in the original CADD drawings. DOCUMENTS Document files shall be prepared using Microsoft Word for Office 97. Final document files shall be provided to he City on 3 1/2" DOS -formatted, high density (1.44 Mb) I diskettes as a deliverable product. All final document files shall become the property of the City and may be used subsequently by the City or its assignee without additional compensation to the consultant. Changes made to copies of the consultant'soriginal documents by others does not necessarily release the consultant from further responsibility or 'liability for the accuracy or completeness of the information contained in the original documents. ATTACHMENT C CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Bar, a municipal corporation ("City") and ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated _, 2000. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, -THEREFORE, =in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit"B" the Consultant's Response, dated 2000 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect , 2000, and shall continue until ,20_ unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate ' Consultant for each service which. Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed dollars ($ ). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 } 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent.; Neither City nor any of its agents shall have control over the conduct of ' Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agreesto pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of "Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating' thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. S. Indemnification. Consultant agrees to indemnify' the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed .by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder.' In the event there is more than one, person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance 'company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of; $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a , result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in, performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00;"(3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and 2 omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent ' acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law„ whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as. additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. ,The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurancecompany which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. - C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above,' and (2). insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of ,performance under this Agreement. Endorsements shall be executed on City's appropriate standard 'forms entitled "Additional Insured Endorsement", or a substantially similar form which the City' has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to -confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall'not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares. reports of a ; proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. " Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City. without restriction or limitation upon its use or dissemination by City, 12. Conflict of Interest: A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall, be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 3 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, ` national origin, ancestry, age, physical or mental handicap, medical condition, or ` sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination 'shall include but not be limited ,to the following: employment,` upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that ` it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status,` national origin, ancestry, age, physical or mental' handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted' in all subcontracts for any work` covered by this Agreement except contracts or subcontracts for standard -commercial . supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance` evaluation shall be required within ninety (90) days of the _4 first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right: or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this. Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on '(a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours;. or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed' and enforced in accordance with the laws of the State of California: 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the ; original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by _ specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior, oral or written negotiations, ` representations or agreements. ' This Agreement may not be amended, nor any provision or breach hereof waived, except, in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this - reference. 5 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.hq TO: Honorable Mayor and Members of the City Council MEETING DATE: December 19,`2000 REPORT DATE: December 14, 2000 FROM: ' James DeStefano, Interim City Manager TITLE: Award of Engineering Design Services for the Area 3 Slurry Seal and Residential Street Improvement Project. SUMMARY: On October 3, 2000, the Public Works Division sent out request for proposals for engineering design services for Area 3 Slurry Seal and Residential Street Improvement Project. A total of (10) proposals were received on October 19, 2000. The selection committee then short-listed three (3) proposals. The selection committee concurred that the best qualified consultant is Advanced Applied Engineering, Inc, for the Area 3 Slurry Seal and Residential Street Improvement Project based on their knowledge of local conditions, innovative scope of work & design approach, public relations views, understanding of the City's needs and cost. RECOMMENDATION: It is recommended that the City Council award the engineering design services to Advanced Applied Engineering, Inc. in an amount not-to-exceed $26,100.00. Furthermore, it is recommended that the City Council authorize a contingency amount of $5,000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount, of $31,100.00. LIST OF ATTACHMENTS: X Staff Report Public Hearing Resolution Bid Specification Ordinance X Other: Request for Proposal & Consultant's X Agreement Scope of Work EXTERNAL DISTRIBUTION:' SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes No 2. Does the report require a majority vote? Majority _Yes _ No 3. Has environmental impact been assessed? X N/A- _ Yes _ No 4. Has the,report-been reviewed by-a Commission? X N/A _ Yes _ No Which Commission?', 5. Are other departments affected by the report? X N/A _ Yes No Report discussed with`the following affected departments: REVIEWED BY: JWIDeStefano Da, G. Liu Interim City Manager Director of Public Works CITY COUNCIL REPORT I AGENDA NO. MEETING DATE: December '19, 2000 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Award of Engineering Design Services for the Area 3 Slurry Seal and Residential Street Improvement'Project. ISSUE STATEMENT: To retain engineering design services for the slurry seal and residential street improvements of Area 3. RECOMMENDATION: It is recommended that the City Council award the engineering design services to Advanced Applied Engineering, Inc.. in an amount not -to -exceed $26,100.00. Furthermore, it is recommended that the City Council authorize a contingency amount of $5,000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $31,100.00. FINANCIAL SUMMARY: $730,000.00 of Gas Tax Fund has been budgeted for the Area 3 Slurry Seal and Residential Street Improvement Project; BACKGROUND/DISCUSSION: On October 3, 2000, the Public Works Division sent out request for proposals for engineering design services for the Area 3 Slurry Seal and Residential Street Improvement Project as described below: Area Slurry Seal and Residential Street Improvement Project: This project consists of approximately 23.6 local street miles to have slurry sealtreatment, with crack seal, and AC pavement and/or base materials removal and reconstruction in certain areas. Also; three additional residential streets in Area 3 have been identified to receive Cape Seal treatment. These streets are Castle Rock Road, Glenbrook Drive and Calbourne Drive. Consultant will complete a comprehensive field review to completely cover the 23:6 miles in this area, which includes the walking of every street to map and note field conditions from sidewalks, curb and gutters,' pavement distress requiring repair and crack seal treatment and manholes. The final plans and specificiations should include attachements for all the slurry and r&r work, making reference and cross reference by specific address and problem and repair solutions. Problem areas such as tree roots or weakend pavement sections will be reviewed and recommended for repair or removal made. A total of ten (10) proposals were received on October 19, 2000. These proposals were first reviewed and evaluated by the selection committee based on general conformity to the request for proposal, design approach, consultant's understanding of City's needs, experience of firm & team members, design schedule and cost. The selection committee then short-listed three (3) proposals. Finally, the selection committee interviewed the three (3) consultants on December 7; 2000. Special emphasis was placed on the consultant's presentation on the understanding of City's needs, knowledge of local conditions, ability to keep on schedule & within budget and design approach. In consideration of the aforementioned criteria, the selection committee concurred that the best qualified consultant is Advanced Applied Engineering, Inc. for the Area 3 Slurry Seal and Residential Street Improvement Project based on their knowledge of local conditions, ,innovative scope of work & design approach, public relations views, understanding of the City's needs and cost. The fees received ranged from $13,990.00 to $181,820.00. Attached herein are the` consultant's scope of work with schedule (Attachment "A") and the signed consulting, services agreement. Prepared by: David G. Liu / John L. Rasin ATTACHMENT «A„ PROJECT DESIGN AREA 3 SLURRY SEAL PROJECT. Includes: Project understanding, design approach, schedule and fees. Project Understanding The City of Diamond Bar has a five year Slurry Sean Program for its residential streets and requires a consultant to conduct an extensive review and tabulate the repairs needed to be done in conjunction with a slurry seal project 'for area 3 which contains 23.6 miles of streets. Design Approach AAE Incorporated' s design team will provide the following deliverables pursuant to the project schedule which is outlined later in this proposal: 1. A set of construction documents, including plans and specifications, which reference, by street address, all existing distress conditions and the repair which the contractor will be required to make. 2. A unit price estimate for all the repairs and slurry sealing plus the Cape Sealing of Castle Rock Road, Glenbrook Drive and Calbourne Drive. In preparing the plans and specifications the following tasks will be performed: Task 1:: Project Definition and Program Development Meeting Convene an initial, meeting of all design team members and City of Diamond Bar staff. This meeting will result in the development of a complete list of each of the distress items -which the Construction Review Teams will be required to observe and locate on the 23.6 miles of local streets. Additionally a tabulation format for the data should be developed in order that resurveying be kept to a minimum. Task 2 Existing Records and Utility Plan Review The design team will collect all available utility plans and existing street plans in order to identify and anticipate any conflicts between existing infrastructure and any excavation or removal which may be part of any required spot repairs. Task 3: Perform Extensive Field Construction Survey The design team will utilize the list of distress items and the form developed as a result of meeting with City staff, to identify, locate and describe all distress items in the pavement, curb, gutter, sidewalk, manholes, and valve boxes within the, project area. The survey will be 'conducted on, foot and will be cross-referenced by street address. Task 4: Prepare Plans Specifications, and Estimates The data gathered from the field survey will be incorporated into a set of plans and specifications and related construction quantities and cost estimate for use by the City in soliciting bids for the repair work, slurry sealing and cape sealing. After review of the initial submittal by the City, final documents will beprepared reflecting the City's ATTACHMENT "A" 4W comments. The specifications will require that the contractor develop and submit for City approval a traffic control/street closure plan for use while conducting the work. Task 5. Construction Support AAE Incorporated will provide the City of Diamond Bar with consultation during the construction of the project. The design team will provide plan interpretation for any requests for clarification that the contractor may have. Revisions for changed conditions will be provided as extra work and will be done in ' a timely manner to minimize construction delay. Time allocated for support services during construction is an estimate only. Actual time spent will be based on plan revisions and other services required during construction "and will be billed in accordance with hourly rates established in the proposal. I Project Mgnt/ Quality CADD Survey Control PETE Tech Operator Crew Staff @ @ @ @ @ Total Cost Hourly Rate $95 $85 $60 $60 $125 Task 0 1 : 8 8 $1,440 Project Definition and Program Development Meeting Task 02: 4 -J 4 8 $1,200 Existing Records and Utility Plans Review Task 03: 16 16 192 $14,400 Perform Extensive Field Conditions Survey' Task 04: 16 40 40 $7,320 Prepare Plans,Specifications and Estimate Task 05:T --47--T16 $1,740 Construction Support. Services TOTAL DESIGN FEE $26,100 Time allocated for support services during construction is an estimate only. Actual time spent will be based on plan revisions and other services required during construction "and will be billed in accordance with hourly rates established in the proposal. 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Copley Drive, Suite 100 • Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861-3117 198 Www.CityofDiamondBar.com October 3, 2000 SUBJECT: Request for Proposals for Professional Engineering Design Services To Civil Engineering Firms:' I. INTRODUCTION The City of Diamond Bar Public Works Division is soliciting fee proposals to conduct professional engineering design services for the following projects: 1. Area 3 SIurry Seal Proiect: This project consists of approximately 23.6 local street miles (Exhibit "A") to have slurry seal treatment, with crack seal, and AC pavement and/or base materials removal and reconstruction in certain areas. Also, 3 additional residential streets in Area 3 have been identified to receive Cape Seal treatment. These streets (entire lengths) are Castle Rock Road, Glenbrook Drive, and Calbourne Drive. Consultant will complete a comprehensive field review to completely cover the 23.6" miles in this area, which includes the walking of every street to map and note field conditions from sidewalks, curb and gutters, pavement distress requiring Deborah H. O'Connor repair and crack` seal treatment, and manholes. The final plans and specificiations Mayor should include attachements for all the slurry and r&r work, making reference and cross reference by specific address and problem and repair solutions. Problem areas Eileen R. Ansari such as tree roots or weakend pavement sections should be reviewed and Mayor Pro Tem recommendations for repair or removal made: Wen Chang Council Member 2. Prospectors Road Street Rehabilitation Proiect: Prospectors Road is a residential collector between Golden Springs Drive and Sunset Crossing Road. There are Carol Herrera several areas that have been experiencing distress and pavement fluctuations. This Council Member area also has a high level of "cut -through" traffic used by motorists to bypass the 57/60 FWY interchange. Speeding is also an issue along this road and has been the Robert S. Huff subject of several Traffic and Transportation Commission meetings. Consultant will ` Council Member` be required to make recommendations on appropriate mitigation measures as r well as conduct up to 2 public information meetings regarding these measures. The chosen measure will be implemented as part of the street rehabilitation plans. Consultant will also be required to obtain pavement analysis for further rehabilitation I, recommendations along Prospectors Road. R c Page 2 RFP — Design Services October 4, 2000 3. Golden Springs Drive Street Rehabilitation Project: Golden Springs Drive, between Torito Lane and Temple Avenue, is the final segment for street rehabilitation on Golden Springs Drive. Consultant 'shall include', pavement analysis for rehabilitation recommendationsas well as traffic engineering for striping modifications/enhancements and recommendations. 4. Walnut Drive Street Rehabilitation Proiect: Walnut Drive, between the westerly City limits to Lemon Avenue, is heavy with traffic and used as a 60 FWY bypass to and from the City of Industry. While Walnut Drive is not designated as a truck route, the area is completely light industrial and heavy truck traffic has continued. Consultant shall include pavement analysis for rehabilitation recommendations. 5. Peterson Park Drainaue & Irrigation Improvements Proiect• Peterson Park is a developed nine acre park located at 24142 Sylvan Glen Road. The park suffers from a high water table, runoff from an adjacent slope and poor percolation into a compacted clay soil. Drainage across the athletic field is achieved by surface sheetflow, which is blocked in places by the build up of small berms/ruts. Consultant shall include soils investigation and tests as well as re -design of irrigation system affected by the proposed drainage improvements. -I1. PROJECT TIMELINES All projects are identified in the FY 00-01 Capital .Improvement Program All plans, specifications and cost estimates shall be completed and ready for approval by the City Council within 5 months after the issuance of notice to proceed. Construction should commence by Spring of 2001. Consultants should be able to work within a short timeframe. III. PROFESSIONAL DESIGN SERVICES The proposal shall identify each task to be included as part of the project. At a minimum these tasks shall include: - 1) Meet with the City staff prior to the beginning of work to discuss background, scope, objectives, and other pertinent details of the project. Consultant shall also attend periodic meetings with City staff at various stages of the project as needed. 2) Collect and review all existing information pertaining to this project, including the available improvement and utility plans. 3) Conduct a utility search for all utilities within the project limits. Review the location of the existing utilities, surface and subsurface structures and proposed improvements. If the Page 3 RFP Design Services October 4, 2000 proposed improvements interfere with existing utilities, the consultant shall arrange to have potholes taken by the utility company. The-consutlant shall secure the necessary right-of-way and/or permit from all utility companies for the design and construction of the project. The consultant shall provide the City copies of all utility` correspondences with the completed construction documents submittal. Retention monies due the consultant will not be released until all utility correspondence has been submitted. 4) The survey shall be certified by the surveyor or engineer. The survey shall: A. Locate sufficent topography and take sufficient cross sections to adequately show the condition of the project site prior to construction. Reduce the data to a form showing centerline station, offset from centerline; and elevation: B. Provide in the cross section notes the beginning, intermediate,; and final bench marks used, complete with reference, description, datum name and year, and closing error. Use a minimum of two (2) bench marks. C. Sign, date and submit all original survey notes to the City within fifteen (15)working days after the completion of the survey. 5) The Consultant shall prepare plans and specifications for the street improvement projects as noted under the Introduction. The improvement plans shall have plan and profile using linch = 40 feet horizontal and 1 inch= 4 feet vertical scales. Signing and striping plans shall be at a f inch = 40 feet scale. Final plans and bid specifications shall be signed and stamped by a Civil Engineer currently registered in the State of California. For reconstruction project(s); work copy profiles shall be drawn at a 1 inch = 20 feet scale horizontally and 1.25 inch = 1 foot scale vertically using a standard profile grid. Proposed: grades shall be superimposed over existing surface profiles. Work copy street cross sections shall be drawn to a scale of 1 -inch ='4 feet horizontally and a 1.25 inch =' 1 foot vertically on a standard profile grid. Proposed improvements shall be superimposed over sections of the existing surface. The bid specifications shall' be submitted on 3 1/2 inch floppy data disk, in Microsoft Word for Office 97. The Consultant shall prepare and submit a cost estimate in a tabular form for each construction item showing quantity, unit, unit price and total cost. All estimate back-up calculations by plan sheet shall also be submitted.. 6) It is the City's, intention to use the Standard Specifications for Public _Works Construction (latest Edition), the Standard Plans for Public Works Construction (latest Edition) and the American Water Works Association (AWWA) 'Standard Specifications, in conjunction with City standard specifications and plans. The consultant shall provide copies of referenced standard plans from other sources: Page 4 RFP -'Design Services October 4,2000 7) Revise `and/or change plans and related materialsas required as a result of review of the signed plans by affected utilities or because of errors or omissions in the, plans and specifications. Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays and shall not result in any increase in compensation from the City. 8) Provide consultation during construction. The Consultant shall provide any appropriate technical services, including but not ;limited to, consultation, plan interpretation, and plan revisions resulting from changed conditions; excluding revisions- required in Item (7) above. -Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays,. In the event that plan revisions are required during construction, they shall be considered extra work and additional compensation shall be made based on the hourly rates established in the proposal. IV. CITY' SUPPORT A. Existing street and utility plans in City's possession. B. Reproduction of final construction plans and specifications for advertising. V. PROPOSED FORMAT AND CONTENT A list of the projects which the consultant is proposing to work on for the City must be provided. Consultant may choose to propose on a limited set of projects or all the, projects. For all of the projects noted under the Introduction, the Consultant's response to the ; City's Request for Proposal should provide the following information, ;using the same format and sequence: A. Project Team An organization chart indicating principals and key project team members together with an indication of their involvement in the project. Also provide resumes of the key personnel involved with this project including personnel from sub -consultants. For the project engineer and project manager, include information for three (maximum) recent projects on his/her record of completion compared to the original project schedule. B. Firm's Experience List a maximum of five projects of similar scope which your firm has designed for other public agencies in the greater Los Angeles area. For each project, provide the following information: location, owner, construction cost, year the design; was completed, year the construction was completed, your project manager's and engineer's name. If any portion of the project is sub -contracted, provide similar information for a maximum of three projects. Page 5 RFP - Design Services October 4, 2000 C. Project Design Discuss the methods and procedures that will be used in the design of the project. Provide a list of construction drawingsthat will be prepared for the project. - Also identify any potential concerns or problems in the design of this project: ' D. Project Scheduling Provide a schedule identifying milestones for the major tasks in the design of the project, beginning with the Notice to Proceed. E. Resource Requirements Provide a man hour and fee estimate by item identified in Section U. Also provide a total "Not to Exceed" design fee for the project. Please state all assumptions upon which the estimates are based. It should be noted that the amount of retention shall be 10 percent for the contract and a reduction in the amount of retention percentage will not be allowed. Retention will be released upon the City's acceptance and approval of the final plans. F. Fee Schedule - Provide the hourly rates of all personnel assigned to the project. These rates will be used to negotiate any additional work the City may request. G. Agreement Attachment C is a copy of the City's professional services agreement. A statement MUST be made in the proposal that all terms and conditions are acceptable. H. Insurance Proof of insurance requirements addressed in the professional services agreement of this Request for Proposal shall be submitted by the selected Consultant upon execution of the contract for submittal to the City Council_ The selected ;Consultant must submit a "Statement Certifying Insurance Coverage certifying that the required insurance coverage will be obtained by the Consultant, and that the Consultant understands said coverage is prerequisite for entering into an agreement with the City. The Consultant is required to confirm with its insurance carrier Page 6 RFP - Design Services October 4, 2000 that it can meet all the requirements for insurance. Failure to ,meet the insurance regulations asset forth shall result in the consultant's disqualification. I. References List of at least three (3) references for similar projects must be provided. Include contact person, address, and telephone number. VI. SUBMITTAL OF PROPOSAL Six (6) copies of the proposal shall be presented in a sealed envelope bearing the name, address and telephone number of the; individual or entity submitting the proposal and shall be addressed to MR DAVID G. LIU, DEPARTMENT OF COMMUNITY AND DEVELOPMENT SERVICES, CITY OF DIAMOND BAR, 21660 EAST COPLEY DRIVE, SUITE 190, DIAMOND BAR, CA 91765-4177. The envelope shall be clearly marked with the notation "DO NOT OPEN - PROPOSAL." The proposal shall be deliveredto the addressee on or before 3:00 P.M. on October 19, 2000. VII. SELECTION PROCEDURES Criteria' for the evaluation of the proposals may include, but, need not be limited to, the following: A. Completeness of proposal. B. Fi rm' sn a d key project team member's experience n ce in performing rmin similar work.. C. Firm's and key project team member's record in accomplishing work assignments for projects in the agreed work. D. Consultant's demonstrated understanding of the scope of work. E. Quality of work previously performed by the firma F. The resources and fee required to perform the requested services. G. The consultant's comments on the professional services agreement. H. References A "Short List" of firms will be selected for further consideration and may be contacted to arrange an interview with City Staff. I Page 7 RFP - Design Services October 5, 2000 VIII. ORAL INTERVIEWS In addition to the written proposal, each firm may be asked to make an oral presentation to the Selection Advisory Committee, The Consultant should have available the project manager and the project engineer to discuss the following: A. The major elements of the proposal and be prepared to answer questions clarifying their ; detailed proposal. B. A description of previously related experience for key project team member. Work sample exhibits may also be used. C. The propose d project design schedule. D. The proposed man-hour resources and total project design fee. IX. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the ,proposal, in ;the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City will provide only the staff assistance and documentation specifically referred to herein and will not be responsible for any other cost or obligation of any kind which may be incurred by a proposer. All proposals submitted to the City in response to this Request for Proposal shall become the property of the City. X. QUESTIONS If there are any questions regarding; this Request for Proposal, please contact Mr. John Easin or me at (909) 396-5672. Sincerely, David G. Liu, P.E. Director of Public Works Attachments cc: Jim DeStefano,'Deputy City Manager ATTACHMENT A WORK SUBMITTALS FOR CITY REVIEW The following items shall be submitted to facilitate the City's review of the consultant's design: Preliminary Plans Submittal 1. Summary of all utilities which will be relocated, adjusted or modified. 2. Preliminary design plans. Final Plans Submittal Provide final plans which conform to the approved scope and show all the information and: details needed to permit construction survey staking directly therefrom. The plans shall incorporate any changes or additions required as a result of review by the City: and utilities. Submit both the original drawings and diskettes (See Attachment B). Submit the originals of the following items for the City's records. 1. All pertinent design correspondence, including responses from utilities and affected Agencies. 2. Construction drawings and reproducible specifications. 3. Cost estimate and all back-up material. _ I I ATTACHMENT B CITY OF DIAMOND BAR MAPPING, DOCUMENTATION, & PLAN PREPARATION REQUIREMENTS MAPPING To the extent possible, mapping shall be prepared to engineering accuracy (i.e., to two decimal places) based: on available improvements plans, right-of-way maps, parcel maps, and tract maps. When information from different sources appears to conflict, assumptions shall be documented and the City shall be notified in writing. In preparing maps, drawings, and other exhibits, consultant shall use an acceptable CADD program - i.e. AutoCAD (latest release). Preliminary CADD drawings may be plotted on reproducible bond paper. Final CADD drawings shall be plotted on 4 mil thick Mylar and provided to the City as a deliverable product. Final CADD drawing files shall be provided to the City on 3 1/2" DOS -formatted, high density (1.44 Mb) diskettes as a deliverable product. All final, CADD drawing files shall become the property of the City and may be used subsequently by the City or is assignee without additional compensation to the consultant. Changes made to copies of the consultant's original CARD drawings by others does not necessarily releasetheconsultant from further responsibility or liability for the accuracy or completeness of ,the information contained in the original CADD drawings. DOCUMENTS Document files shall be prepared using Microsoft Word for Office 97. Final document- files shall be provided to the City .on 3 1/2" DOS -formatted, high density (1.44 Mb) diskettes as a deliverable product. All final document files shall become the property of the"City and may be used subsequently by the City or its assignee without additional compensation to the consultant. Changes made to copies of the consultant's original documents by others does not necessarily release the consultant from further responsibility or liability for the accuracy or completeness of the information contained in the original documents. i ATTACHMENT C CONSULTING SERVICES' AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Barg a municipal corporation ("City") and ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated 2000. B. Consultant represents that it is fully qualified to perform such consulting services.by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of. the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated , 20,00 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant areas set forth in Exhibit "B. 2. Term of Agreement. This Contract shall take effect , 2000, and shall continue until ,20_ unless earlier terminated, pursuant to the 'provisions herein. 3. Compensation. City. agrees to compensate Consultant for each service which . Consultant performs to the satisfaction of City in compliance with the schedule. set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. "Total payment to Consultant pursuant to this Agreement shall not exceed dollars 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control 5. Addresses. City: City Manager Consultant: . City of Diamond Bar 21660 East Copley Drive Suite 100 ' Diamond Bar, California 91765-4177 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. - Consultant shall not, at anytime, orin any manner,represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement,. and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a' wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder_ In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and "keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies 'of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result) of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00;'(3) automotive liability insurance,' with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and 2 omissions) to cover or partially cover damages that may: be the result of errors, omissions, or negligent acts of Consultant, in an amount; of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive 'liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other 'information developed or received by Consultant or provided for performance of this Agreement are deemedconfidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares. reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. " Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or, dissemination' by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or, indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this', Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 3_ B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or, software to City as a result of the performance of this Agreement. ,Consultant's covenant under this section shall survive the. termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination; or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. 'Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services_ Consultant reserves the, right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services" and duties pursuant to this Agreement, and will comply with all rules and regulationsof City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; Iayoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship'. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal . opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance' evaluation shall berequired within ninety (90) days of the 4 first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by Cityduring the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior, topreparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments, 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions. of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City _of . any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way, impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to; such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or 'written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk: 25. Exhibits. All exhibits referred to in this Agreement; are incorporated herein by this reference. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: December 19, 2000 REPORT DATE: December 14, 2000 FROM: James DeStefano, Interim City Manager TITLE: Award of Engineering Design Services for the Golden Springs Drive Street Rehabilitation Project SUMMARY: On October 3, 2000, the Public Works Division sent out request for proposals for, engineering design services for the Golden Springs Drive Street Rehabilitation Project. A total of twelve (12)proposals were received on October 19, 2000. The selection committee then short-listed three (3) proposals. The selection committee concurred that the best qualified consultant is Dewan, Lundin & Associates for the Golden Springs Drive Street Rehabilitation Project because of their continued, high standard of excellence working with the City in the past as well as their presentation on research, innovative scope of work & design approach, public relations views, understanding of the City's needs, knowledge of local conditions and cost. RECOMMENDATION: It is recommended that the City Council award the engineering design services to Dewan, Lundin .& Associates in an amount not -to -exceed $79,300.00. Furthermore, it is recommended that the City Council authorize a contingency amount of $8,000.00 for contract amendment(s) to be approved by the City Manager, for a total authorization amount of $87,300.00. LIST OF ATTACHMENTS: X Staff Report Public Hearing Resolution Bid Specification Ordinance X Other: Request for Proposal & Consultant's X Agreement Scope of Work EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by, the City Attorney? X Yes No 2. Does the report require a majority vote? Majority Yes _ No 3. Has environmental impact been assessed? X N/A Yes _ No 4. Has the report been reviewed by a Commission? X N/A Yes — No Which:. Commission? 5. Are other departments affected by the report? X N/A _ Yes — No Report discussed with the following affected departments: REVIEWED BY: JamKDeStefano id . Liu Interim City Manager Director of Public Works CITY COUNCIL REPORT AGENDA NO MEETING DATE: December 19, 2000 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Award of Engineering Design Services for the Golden Springs Drive Street Rehabilitation Project. ISSUE STATEMENT: To retain engineering design services for the street improvements of Golden Springs Drive. RECOMMENDATION: It is recommended that the City Council award the engineering design services to Dewan, Lundin & Associates in an amount not -to -exceed $79,300.00. Furthermore, it is recommended that the City Council authorize a contingency amount of $8,000.00 for contract aniendment(s) to be approved by the City Manager, for a total authorization amount of $87,300.00. FINANCIAL SUMMARY: $550,000.00 of Prop. C Fund and $50,000.00 of Prop. A Fund have been budgeted for the Golden Springs Drive Street Rehabilitation Project. BACKGROUND/DISCUSSION: On October 3, 2000, the Public Works Division sent out request for proposals for engineering design services for the Golden Springs Drive Street Rehabilitation Project as described below: Golden Springs Drive Street Rehabilitation Project: Golden Springs Drive, between Torito Lane and Temple Avenue, is the final segment for street rehabilitation on Golden Springs Drive. Consultant will perform pavement analysis for rehabilitation recommendations as well as traffic engineering for striping modifications/enhancements and recommendations. A total of twelve (12) proposals were received on October 19, 2000. These proposals were first reviewed and evaluated by the selection committee based on general conformity to the request for proposal, design approach, consultant's understanding of City's needs, experience of firm & team members, design schedule and cost. The selection committee then short-listed three (3) proposals. Inconsideration of the aforementioned criteria, the selection committee concurred that the best qualified consultant is Dewan'Lundn & Associates for the Golden Springs Drive Street Rehabilitation Project because of their continued, high standard of excellence working with the City in the past as well as their presentation on research, innovative scope of work & design approach, public relations views, understanding of the City's needs, knowledge of local conditions and cost. The fees received ranged from $37,120.00 to $109,950.00. Attached herein are the consultant's scope of work with schedule (Attachment "A") and the signed consulting services agreement. Prepared b David p y G Lm /John L. Ilasm ATTACHMENT «A» PROJECT APPROACH Golden Springs Drive Street Rehabilitation Project: Walnut Drive Street Rehabilitation Project: Design Review Meeting, ■ In a consultation meeting with the City, the scope of work, procedure for the project and the precise limits of the project improvements will be reviewed. ■ Review with City staff to obtain specific input related to City goals, and discuss preliminary issues. ■ Meet with City staff on a continuous, as-needed basis, throughout the design and I construction phases to ensure that work is expeditiously carried out in keeping with the City's requirements. Research ■ Notify all affected Public Utility Companies and identify all underground facilities and structures. ■ Obtain from the County of Los Angeles and the City of Diamond Bar "as built" plans, tract maps, centerline ties and bench marks for the project area k Utility Coordination ■ Notify all utilities at the start and at 50% design of the location and extent of the work to ensure that all structures are properly located on the plans. Request utility companies to pothole at locations with the greatest likelihood of impacting the w proposed construction. ■ A copy of all correspondence with utility companies will be provided to the City. ■ Final plans will be sent to each affected utility company prior tobidding of the work along with notification of when work is anticipated to begin. Deflection Analysis ■ Non-destructive pavement deflection data shall be gathered from each traveled lane such that three sensor readings are recorded at each test location at select intervals. i Road Rater, operator, recorder and traffic control will be provided as necessary. E r IArea 3 Slurry SeaYGolden Spings Ddve/Walnut Drive Dewan, Lundin & Associates • Page 20 s ATTACHMENT "A" ■ During deflection testing operations, notes of visual pavement conditions and/or distress, cross streets, presence or absence of curb and gutter, and other such observations shall be logged. ■ Field data collected shall be processed through a computer. This processing shall produce a typed tabulation of all data and field notes thereon, which locate the intersections of cross streets, pertinent landmarks, field conditions, etc. The tabulation shall include the reading of three Road Rater sensors, as well as the conversion of Road Rater Sensor Number One to an equivalent Traveling Deflectometer unit. ■ An engineering ;review of test data to isolate or separate limits of similar deflection response for statistical summary of data (providing the 80th percentile deflection) shall be made. Prior to field sampling operations, Underground Service Alert will be notified, all test locations marked, and a meeting held, if requested, with concerned utilities to relocate test sites as necessary. ■ Coring and boring of the in-situ roadway materials shall be performed at locations to determine pavement thicknesses and to obtain subgrade materials for further analysis. Traffic control shall be provided during sampling operations. ■ The in-place moisture content of the subgrade soil samples removed at each location shall be determined. Individual orcomposite samples of subgrade material which typify the materials encountered shall be selected and subjected to R -Value testing for use in component analysis and/or replacement section. ■ Using the traffic indices or traffic information provided by City of DiamondBar and existing pavement thickness information determined during coring operations, the 80th percentile deflection response shall be compared to known pavement models. This comparison shall produce overlay requirements for -a select design period in accordance with Caltrans Test Method No. 356, and a service life reading (Nominal Service Life) for the roadways studied. ■ A registered Civil Engineer shall supervise all operations, review all completed data and incorporate results, of deflection and materials testing with observed pavement conditions. Engineered recommendations for alternate methods of pavement rehabilitation based upon deflection and materials analysis shall be provided. Area 3 Slu Seal/Golden S 'n s Ddva Walnut Dnve rry Pn 9 Deva. n, Lundin & Associates Pa 27 s� ATTACHMENT "A" Design Survey 0 Locate beginning, intermediate and final bench marks. Locate and identify horizontal controls used. Set aerial targets for each street. 0 Conduct aerial survey. Aerial survey to show spot elevations and contours at 1 foot intervals. N Mark limits of broken curb and gutter as well as defective sidewalks. a Conduct topographic survey and obtain street cross sections at 50 foot intervals for the sections � requiring reconstruction and construction of curb and gutter, and,at 100 foot intervals for streets requiring overlays. Street cr oss sections to show elevations of top of curb, gutter flowline, lip of gutter, edge of pavement, lane line, centerline, top of median curb, and fir�shed surface at median curb. E Obtain street cross sections at all BCR's and ECR's. 0 A minimum of two bench marks will be used for each street. Each bench mark will be described on the plans and in the survey notes. A report will be provided to the City containing all survey control and cross section notes. Preliminary Design m Prepare base maps using computer aided drafting (AutoCAD). Plot existing utilities, existing right-of-ways, etc. E Plot existing cross sections at V=4' horizontal and 1.25"=l'verfical scale. 0 Plot work copy profiles at V=20' horizontal and 1.25"=l' vertical scale. x Superimpose proposed improvements over existing cross sections. 0 Check the proposed cross sections for accuracy of cross slope. If the proposed cross slope is less than the minimum required (2%) or more than the maximum permissible (3%), revise the type of proposed treatment to the street surface. E Prepare preliminary street improvement plans at V=40' horizontal and 1"=4',vertical scale. 0 Develop alternate methods of achieving City's goals, giving consideration to existing pavement condition as determined by pavement evaluation report. Repair, rehabilitation, partial and full replacement will be considered. E Plot curb and gutter profiles, where applicable. E Prepare preliminary signage and striping plans. Area 3 Sluny SeaYGolden Spifngs Ddveftalnut Dfive Dewan. Lundin & Associates page 22 ATTACHMENT «A» Prepare preliminary estimate of probable costs in tabular form for each construction item showing quantity, unit, unit price and total cost. Included with the estimate will be a back-up of calculations. Specifications ■ Project specifications will be based on the Standard Specifications for Public Works Construction (latest edition), and the Standard Plans for Public Works Construction (latest edition), in conjunction with City standard specifications and plans. Final Design Evaluate cross sections and profiles for drive quality. ■ Prepare final street improvement plans. Inaddition, provide copies of all calculations, cross sections and other support data to City. ■ Title sheet will show: a Title. a Vicinity and location map with plan sheet index and scale. a Utility and plan legends. a Bench marks, basis of bearings: a General and master construction notes. a Standard signature and title blocks. a Utility notes, contact names and telephone numbers. ■ Detail sheets will include: a Typical street sections for various sections indicating rehabilitation treatments. a Drainage modification details. - a Construction notes and quantities. ■ Plan and profiles will include: a Topography between street centerline to right-of-way and beyond as necessary, a Right-of-way limit lines (existing and proposed). a Utility location plot. o Construction notes and quantity estimates. o Typical sections and details. a Street centerline and top of curb profile. Area 3 Slurry SeaMolden Springs DdveMalnutDrive Dewan, Lundin & Associates Page,23 ATTACHMENT "A" ■ Prepare final striping and signage plans. Final plans to include: o Removal and/or construction of existing and/or proposed traffic features where L applicable. o Traffic striping (traffic lanes, crosswalks, etc.) a Traffic signing. o Pavement markings and markers: ■ Prepare project specifications, final cost estimates and bid package. ■ Final plans will be plotted on 4 mil thick mylar and delivered to the City on IBM compatible floppy disks. These plans will be signed and stamped by a,Civil Engineer currently registered in the State of California. i Agency Coordination Submit plans, where applicable to other public agencies, CalTrans and City of Industry, for permitprocessing and approval. Quality Control/quality Assurance ■ DLA will use the 'critical path method of management for this project. A schematic critical path will be submitted at the beginning of the project. This C.P.M. chart will identify milestones and critical' dates. The critical path will identify the order in which critical items are to be completed. Throughout the project and before the drawings are submitted to the City, a department review is implemented. This review will be performed by Mr. Walter Lundin, P. E. Plans will be reviewed for accuracy, dimensional errors and conformity before presented for review. f . i 1 d I Area 3 SlunySeat Golden Springs Ddveffalnut Drive Dewan, Lundin & Associates Page 24 ATTACHMENT "A" v 0 OO 0 0 O O O O Co O O O O O O Q O O O O o O O IL a O O O O Q Q WO O W IL g 0 r w Ii 'O N LL c 0 r t 0 N 0 to 0 N O N O O uiw WE O O O O Q N > OR. -. t0 r cp LU:H r 't 't d' r U Q. 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Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909)860-2489 • Fax (909) 861-3117 C'r k„Ha� �j98q www.Cityoft)iamondBar.com October 3, 2000 SUBJECT: Request for Proposals for ProfessionalEngineering Design ` Services To Civil Engineering Firms: ; T. INTRODUCTION The City of Diamond Bar Public Works Division' is soliciting fee proposals to conduct professional engineering design services for the following projects: 1. Area 3 Slurry Seal Project: This project consists of approximately 23.6 local street miles (Exhibit "A") to have slurry seal treatment, with crack seal, and AC pavement and/or base materials removal and reconstruction in certain areas. Also, 3 'additional residential streets in Area 3 have been identified to receive Cape Seal treatment. These. streets (entire lengths) are Castle Rock Road,,Glenbrook Drive, and Calbourne Drive. Consultant will complete a comprehensive field review to completely cover the 23.6 miles in: this area, which includes the walking of every street to map and note field' conditions from sidewalks, curb and gutters, pavement distress requiring - Deborah H. O'Connor repair and crack seal treatment, and manholes. The final plans and specificiations Mayor should include attachements for all the slung and r&r work, making reference and cross reference by specific address and problem and repair, solutions. Problem areas Eileen R. Ansari- such as tree roots or : weakend pavement sections should be' reviewed : and Mayor Pro Tem recommendations for repair or removal made., Wen Chang Council Member 2. Prospectors Road Street Rehabilitation Proiect: Prospectors Road' is a residential collector between Golden Springs Drive and Sunset Crossing Road. There are Carol Herrera several areas that have been experiencing distress and pavement fluctuations. This Council Member area also has a high level of "cut -through" traffic used by motorists to bypass the 57/60 FWY interchange. Speeding is also an issue along this road and has been the Robert S. Huff subject of several Traffic and Transportation Commission meetings. Consultant will Council Member be required to make recommendations on appropriate mitigation measures, as well as conduct up to 2 public information meetings regarding these measures. The chosen measure will be implemented as part of the street rehabilitation plans: Consultant will also be required to obtain pavement analysis for further rehabilitation' recommendations along Prospectors Road. Receded paper Page 2 RFP - Design Services October 4, 2000 3. Golden Springs Drive Street Rehabilitation Proiect: Golden Springs Drive, between Torito Lane and ; Temple Avenue, is the final segment for street rehabilitation on Golden Springs Drive. Consultant shall include pavement analysis for rehabilitation recommendations as well as traffic engineering for striping modifications/enhancements and recommendations. 4. Walnut Drive Street Rehabilitation Proiect: Walnut Drive, between the westerly City limits to Lemon Avenue, is heavy with traffic and used as a 60 FWY bypass to and from the City of Industry. While Walnut Drive is not designated as a truck route, the area is completely light industrial and heavy truck traffic has continued. Consultant shall include pavement analysis for rehabilitation recommendations. 5. Peterson Park Drainage & Irr L-ation Iniurovements Protect: Peterson Park is a developed nine acre park located at 24142 Sylvan Glen Road. The park suffers from a high water table, runoff from an adjacent slope and poor percolation into a compacted clay soil. Drainage across the athletic field is achieved by surface sheet flow, which is blocked' in places by the build up of small berms/ruts. Consultant shall include soils investigation and tests as well as re -design of irrigation system affected by the, proposed drainage improvements. II. PROJECT TIMELINES All projects are identified in the FY 00-01 Capital Improvement Program. All plans, specifications and cost estimates shall be completed and ready for approval by the City Council within 5 months after the issuance of notice to proceed. Construction should commence by Spring of 2001. Consultants should be able to work within a short time frame: III. ;PROFESSIONAL DESIGN SERVICES The proposal shall identify each task to be included as part of the project. At a minimum these tasks shall include: 1) Meet with the City staff prior to the beginning of work to discuss background, scope, objectives, and other pertinent details of the project. Consultant shall also attend periodic meetings with City staff at various stages of the project as needed. 2) Collect and review all existing information pertaining to this project, including the available improvement and utility plans: 3) Conduct a utility search for all utilities within the project limits. Review the location of the existing utilities, surface and subsurface structures and proposed improvements. If the Page 3 RFP - Design Services October 4, 2000 proposed improvements interfere with existing utilities, the consultant shall arrange to have potholes taken by the utility company. The consutlant shall secure the necessary right-of-way and/or permit from all utility companies for the design and construction of the project. The consultant shall provide the City copies of all utility correspondences with the completed construction documents submittal. Retention monies due the consultant will not be released until all utility correspondence has been submitted. 4) The survey shall be certified by the surveyor or engineer. The survey shall: A. Locate sufficent topography and take sufficient cross sections to adequately show the condition of the project site prior to construction. Reduce the data to a form showing centerline station, offset from centerline, and elevation. B. Provide in the cross section notes the beginning, intermediate, and final benchmarks used, complete with reference, description, datum name and year, and closing error. Use a minimum of two (2) bench marks. C. Sign, date and submit all original'survey notes to the City within fifteen (15) working days after the completion of the survey. 5) The Consultant shall prepare plans and specifications for the street improvement projects as noted under the Introduction. The improvement plans shall have plan and profile using finch = 40 feet horizontal and I inch = 4 feet vertical scales. Signing and striping plans shall be at a 1 inch = 40 feet scale. i Final plans and bid specifications shall be signed and stamped by a Civil Engineer currently registered in the State of California. For reconstruction project(s), work copy profiles shall be drawn at a 1 inch = 20 feet scale horizontally and 1.25, inch =' 1 foot scale vertically using a standard profile grid. Proposed grades shall be superimposed over existing' surface profiles. Work copy street cross sections shall be drawn to a scale of 1 -inch = 4 feet horizontally and a 1.25 inch =' 1 foot vertically on a standard profile grid. Proposed improvements shall be superimposed over sections of the existing surface. The bid specifications shall be submitted on 3 1/2 inch floppy data disk, in Microsoft Word for Office 97. The Consultant shall prepare and submit a cost estimate in a tabular form for each construction item showing quantity, unit, unit price and total cost. All estimate back-up calculations by plan sheet shall also be submitted. 6) It is the City's intention to use the Standard Specifications for Public Works Construction (latest Edition the Standard tandard Plans for Public Works Construction (latest. Edition) and .the American Water Works Association (AWWA)-Standard Specifications, in conjunction with City standard . specifications and plans. The consultant shall provide copies of referenced standard plans from other sources. Page 4 RFP — Design Services October 4, 2000 7) Revise and/or change; plans and related materials as required as a result of review of the signed plans by affected utilities or because of errors or omissions in the plans and specifications. Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays and shall not result in any increase in compensation from the City. 8) Provide consultation during construction. The Consultant shall provide any appropriate technical `services, including but not limited to, consultation, plan interpretation, and planrevisions resulting from changed conditions, excluding revisions required in Item (7) above. Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays. In the event that plan revisions are required during construction, they shall be considered extra work and additional compensation shall be made based on the hourly rates established in the proposal. IV. CITY SUPPORT A. Existing street and utility plans in the City's possession. B. Reproduction of final construction plans and specifications for advertising. V. PROPOSED FORMAT AND CONTENT A list of the projects which the consultant is proposing to work on for the City must be provided. Consultant may choose to propose on a limited set of projects or all the projects. For all of the projects noted under the Introduction, the Consultant's response to the City's Request for Proposal should provide the following information, using the same format and sequence; A. Project Team An -organization chart indicating principals and key project team members together with an indication of their involvement in the project. Also provide resumes of the key personnel involved with this project including personnel from sub -consultants. For the project engineer and project manager, include information for three (maximum) recent projects on his/her record of completion compared to the original project schedule: ' B. Firm's Experience List a maximum of five projects of similar scope which your firm has designed for other public agencies in the greater Los Angeles area. For each project, provide the following information: location, owner, construction cost, year the design was completed, year the construction was completed, your project manager's and engineer's name. If any portion of the project is sub -contracted, provide similar information for a maximum of three projects. Page, 5 RFP - Design Services October 4, 2000 C. Project Design Discuss the methods and procedures that will be used in the design of the project. Provide a list of construction drawings that will be prepared for the project. Also identify any potential concerns or problems in the design of this project. D. Project Scheduling Provide a schedule identifying milestones for the major tasks in the design of the project, beginning with the Notice to Proceed. E. Resource Requirements Provide a roan hour and fee estimate by item identified in Section H. Also provide a total "Not to Exceed" design fee for the project. Please state all assumptions upon which the estimates are based. It should be noted that the amount of retention shall be 10 percent for the contract and a reduction in the amount of retention percentage will not be allowed. 'Retention will be released upon the City's acceptance and approval of the final plans. F. Fee Schedule Provide the hourly rates of all personnel assigned to the project. These rates will be used to negotiate any additional work the City may request. G. Agreement Attachment C is a copy of the City's professional services agreement. A statement MUST be made in the proposal that all terms and conditions are acceptable. H. Insurance Proof of insurance requirements addressed in the professional services agreement of this Request for Proposal shall be submitted by the selected Consultant upon execution of the contract for submittal to the City Council_ " The selected Consultant must submit a "Statement Certifying Insurance Coverage" certifying that the required insurance coverage will be obtained by the Consultant, and that the Consultant 'understands said coverage is prerequisite for entering into an agreement with the City. The Consultant is required to confirm with its insurance carrier Page 6 RFP Design Services October 4, 2000 that it can meet all the requirements for insurance. Failure to meet the insurance regulations as set forth shall result in the consultant's disqualification: I. References List of at least three (3) references for similar projects must be provided. Include contact person, address, and telephone number. VI. SUBMITTAL OF PROPOSAL Six (6) copies of the proposal shall be presented in a sealed envelope bearing the name, address and telephone number of the individual or entity submitting the proposal and shall be addressed to MR. DAVID G LIU, ,DEPARTMENT OF COMMUNITY AND DEVELOPMENT SERVICES, CITY OF DIAMOND BAR, 21660 EAST COPLEY DRIVE, SUITE 190, DIAMOND BAR, CA 91765-4177. The envelope shall be clearly marked with the notation "DO NOT OPEN -,PROPOSAL." The proposal shall be delivered to the -addressee on or before 3:00 P.M. on October 19, 2000. VII. SELECTION PROCEDURES Criteria for the evaluation of the proposals may include, but need' not be limited to, the following: A. Completeness of proposal. B. Firm's and key project team member's experience in performing similar work. C. Firm's and key project team member's record in accomplishing work assignments for projects in the agreed work. D. Consultant's demonstrated understanding of the scope of work. E. Quality of work previously performed by 'the firm. F. The resources and fee required to perform the requested services. G. The consultant's comments on the professional services agreement. H. References A "Short List" of firms will be selected for further consideration and may be contacted to arrange an interview with City Staff. Page RFP - Design' Services October 5, 2000 VIII. ORAL INTERVIEWS In addition to the written proposal, each firm may be asked to make an oral presentation to the Selection Advisory Committee. The Consultant should have available the project manager and the project engineer to discuss the following: A. The major elements of the proposal and be prepared to answer questions clarifying their detailed proposal. B. A description of previously related experience for key project team member. Work sample exhibits may also be used. C. The proposed, projectdesign schedule. D. The proposed man-hour resources and total project design fee. IX. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City will provide only the staff assistance and documentation s ecificall 'referre p y d to herein and willnot be respo,nsible for any other cost or obligation of an kind which may g y y be incurred by a proposer. All proposals submitted to the City in response to this Request for Proposal shall become the property of the City. X. QUESTIONS If there are any questions regarding this Request for Proposal, please contact Mr. John Basin or me at (909) 396-5672. Sincerely, David G. Liu, P.E. Director of Public Works Attachments _ cc: Jim DeStefano, Deputy City Manager ATTACHMENT A WORK SUBMITTALS FOR CITY REVIEW The following items shall be submitted to facilitate the City's review of the consultant's design: Preliminary Plans Submittal 1. Summary of all utilities which will be relocated, adjusted or modified. 2. Preliminary design plans. Final Plans Submittal Provide final plans which conform to the approved scope and show all the information and details needed to permit construction survey staking directly therefrom. The plans shall incorporate any changes or additions required as a result of review by the City and utilities. Submit both the original drawings and diskettes (See Attachment B). Submit the originals of the following items for the City's records. 1. All pertinent design correspondence, including responses from utilities and affected Agencies. 2. Construction drawings and reproducible specifications. 3. Cost estimate and all back-up material. ATTACHMENT B CITY OF DIAMOND BAR MAPPING, DOCUMENTATION, & PLAN PREPARATION REQUIREMENTS- MAPPING To the extent possible, mapping shall be preparedtoengineering accuracy (i.e., to two decimal places) based on available improvements plans, right-of-way maps, parcel maps, and tract maps. When information from different sources appears to conflict, assumptions shall be documented and the City shall be notified in writing. In preparing maps, drawings, and other exhibits, consultant shall use an acceptable CADD program - i.e. AutoCAD (latest release). Preliminary CADD drawings may be plotted on reproducible bond paper. Final CADD drawings shall be plotted on 4 mil thick mylar and provided to the City as a deliverable product. Final CADD drawing files shall be provided to the City on 3 1/2" DOS -formatted, high density (1.44 Mb) diskettes as a deliverable product. All final CADD drawing files shall become the property of the City and may be used subsequently by the -City or its assignee without additional compensation to the consultant. Changes made to copies of the consultant's original CADD drawings by others does not necessarily release the consultant from further responsibility or liability for the accuracy or completeness of the information contained in the original CADD drawings. DOCUMENTS Document "files shall be prepared using Microsoft Word for Office 97. Final document files shall be provided to the City' on 3 1/2" DOS -formatted, high density (1.44 Mb) diskettes as a deliverable product. All final document files shall become the property of the City and may be used subsequently' by the City or its assignee without additional compensation to the consultant. Changes made to copies of the consultant's original documents by others does not necessarily release the consultant from , further responsibility or liability for the accuracy or 'completeness of the information contained in the original documents. ATTACHMENT C CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of by and between the City of Diamond Bar, a municipal corporation ("City") and , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated 2000. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees: NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated ; 2000 to the Cit Request ...quest for Proposals. .B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect 2000, and shall continue until ,20 unless earlier terminated pursuant'to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specifiedby City. Total payment to Consultant pursuant to this Agreement shall not exceed dollars 4. General Terms and Conditions. In the event ,of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, California 91765-4177 1 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent:' Neither City nor any of its agents shall have control over the conduct of ,Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any,manner, represent that it or any of .its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant. under ; this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agencyregardingthe independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each ofthemharmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed_ by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in 'California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of'$1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in ;performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and 2 omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, propertydamage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by. the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. BestIs rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2)' insurance' policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1)' day prior to beginning of performance under this Agreement. Endorsements shall be executed, on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course' of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement, shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. I 12. Conflict of Interest. i A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under - this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by ,it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its ant services pursuant to _ p, this Agreement. 3 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result :of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party, However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the `fifteenth (15th) day following delivery of the notice. In the event of such termination,City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will ' secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations' of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. 'Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the 4 first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the, written report. > If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver, of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute: or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any, right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this ` Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs- of suit, including reasonable attorney's fees and costs, including costs of expert witnesses,and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business 'day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contractshall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire, Agreement. This Agreement, and any other documents -incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes ' all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which i expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 5 CITY OF DIAMOND BAR AGENDA REPORT' AGENDA NO. , TO: James OeStefano, Interim City Manager MEETING DATE: December 19, 2000 REPORT DATE: December 14, 2000 FROM: Bob Rose, Community Services Director TITLE: Award of Contract for the Design of Drainage and Irrigation System Improvements at Peterson Park SUMMARY: The City Council has authorized $280,000 in the 2000/01 FY Budget for the design and construction of drainage and irrigation system improvements at Peterson Park. Staff released a request for proposals (RFP) and received six proposals in response. After a review of the proposals, the two most responsive firms were interviewed by staff. DMC Design Group, Inc. was determined to be the most qualified firm. RECOMMENDED ACTION: It is recommended that the City Council award the contract for the design of drainage and irrigation system improvements at Peterson Park to DMC Design Group, Inc. in the amount not to exceed $35,723, plus a contingency amount of $3,577 for reimbursabies and potential additional services that may be necessary including duplication services and development of as -built plans, for a total authorization of $39,300. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) Bid Specifications Ordinance(s) X Other: Request For Proposals (RFP) X Agreement Proposal submitted by DMC Design Group, Inc. (on file in City Clerk's Office) Scope of Services Fee Breakdown EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST:' 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? X Yes_ No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? N/A Yes No 4. Has the report been reviewed by a Commission? Yes X No What Commission? N/A 5. Are other departments affected by the report? X Yes _ No Which Department? Public Works REVIEWED BY: J esIDeSte no B&1=� ob Rose Interim pager Community Services Director CITY COUNCIL REPORT MEETING DATE: December 19, 2000 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Award of Contract for the Design of Drainage and Irrigation System Improvements at Peterson Park Issue Statement This contract will result in the development of alternatives to resolve the drainage and irrigation, problems at Peterson Park and the plans and specifications necessary to obtain a contractor to construct the park improvements. City Council approval is required for contracts in excess of $15,000. Recommendation It is recommended that the City Council award the contract for the design of drainage and irrigation system improvements at Peterson Park to DMC Design Group, Inc. in the amount not to exceed $35,723, plus a contingency amount of $3,577 for reimbursables and potential additional services that may be necessary including duplication services and development of as -built plans, for a total authorization of $39,300. Financial Summary $280,000 is included in the 2000/01 FY Budget for the design and construction of drainage and irrigation system improvements at Peterson Park. Background Since its opening in 1990, Peterson Park has suffered drainage problems on the athletic fields and in the tot lot. With the construction of the skate park, drainage from that facility needs to be placed underground, rather than flow across the surface of the athletic fields. The current irrigation system now takes about 12 hours to complete watering the'entire park. With the park open until 10:00 p.m., watering occurs while the park is in use by the public. The irrigation system needs to be split so that the watering time can be cut. This will make ; it possible to water the park with no patrons in the park. In order to get a plan to resolve these issues, staff released an RFP. Six firms responded to the RFP and after staff review,of the proposals, the two most responsive firms were interviewed. Staff has determined that the most qualified firm for this project is DMC Design Group, Inc. Discussion DMC Design Group, Inc. will do an extensive survey and geotechnical testing of Peterson Park to determine the reasons for the drainage problems. They will investigate the tot lot drainage issue and evaluate the park irrigation system. After a review of the results of their work, DMC Design Group, Inc. will develop alternative methods to resolve the park's problems. They will then perform a value engineering analysis to determine the most cost-effective methods to recommend to staff. After approval by staff, DMC, Design Group, Inc. will develop plans and specifications. Staff will then bring the plans and specifications to the City Council for approval to bid for the construction of the improvements. DMC Design Group, Inc. will provide support to staff, inspectors and the contractor during the construction of the project. Their final task will be to provide as -built plans of the completed construction Prepared by: Bob Rose, Community Services Director CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of December 19.2000 by'and between the City `of Diamond Bar, a municipal corporation ("City") -and DMC Desigg Group Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated October 3, 2000. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training; education and expertise of its principals and employees. NOW, TEEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scopeof the specific services to be performed by Consultant areas described in Exhibit "B" the Consultant's Response, dated October 19, 2000 to the City's Request for Proposals for Professional Engineering Design Services/Peterson Park Drainage & Irrigation Improvements Project in the City of Diamond Bar. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed b Consultant are as set forth in p y Exhibit B. i , 2. Term of Agreement. This Contract shall take effect December 19, 2000, and shall continue until June 30, 2002, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Thirty-five Thousand, Seven Hundred and Twenty-three Dollars ($35,723), plus a contingency of Three thousand Five Hundred and'Seventy-seven Dollars ($3,577) for a total not to exceed amount of Thirty-nine Thousand Three Hundred Dollars ($39,300). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano Consultant: DMC Design Group, Inc. Interim City Manager David Cosper, P.E. City of Diamond Bar 170 N. Maple Street, Suite 101 21660 East Copley Drive, Suite 100 Corona, CA 92880 Diamond Bar, CA 91765-4177 2 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall. not, at anytime, or in any manner, represent that it or any of its agents or employees are in any manner agents, or, employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes assessments penalties, and interest asserted against City by reason of the independent contractor relationship created by the Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and. Consultant, then Consultant agrees to reimburse City for all costs,including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations; or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000',00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that maybe the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with'a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on thepolicy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day. prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of, the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to -give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day E following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services' satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review' period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of anyone or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of perfo rman ce under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid; to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 12/1.4/2000 12:23 9095498102 DMC DESIGN GROUP Psi 02� PETERSON PARK DRAINAGE AND IRRIGATION IMPROVEMENT PROJECT IJP"w tem CITY OF DIAMOND BAR 12114tD4 ENGINEERINGDESIGN SERVICES WORD 'TOTAL POW I PRO1 CAD 3UR 2 - FOLD UTILMY TABKun ENGR BM I OPM MMOR iURYolf rINV. COORD PROC LABOR PR0J6C "Amock""T art t.1 KIClt�00.M 1 t sak 1.2AW Schodole Meintmonos 2 arFc 1.3 (2 2 pelt 1.4 Pmumn MOKWas JQ 41 1 •UBTOTAL • Pftn t 91 0 ol 0 0 0 4 0 17 oom-Ptfeatt sm `•o al 00 i0 S0 10 i0 i3 ff. 2 PRELtwAIMARI► iNGOVER IO euc 2.1 RowwWDM COnaetion 1 ask 2;2 Sne VwjW w Docunyni0ca 2 2 4 selt2.3 GeWemical 1 2 edc 2.4Doftn t 1 2 4 tg aak2.6 Base t 2 4 29 3 ask 2.6 UfntyComdindion Z g 1 atk 2.5 ftsfion SW— l t 2 8 4 eek 19 prow PDC t 2 4 8 1 SUSTOTAL-PUM2 ! 13 •0 N + 1• d o t EONn-Pbm2 0 1,235 3li0! $S OOH IM $2.240 f0 sm t11,7 3 FINAL Pail S •ot 3.1 Plana: 1 $ 16 72 g eak 3.2 Speaftatans1 4 2 aut3.3 Ee6rnaOe f 2 g if aak 3.4 Silo Uyaft • esk 3,5 TtaneW oF Pfopw Fnee t 4 SUBTOTAL - Pnssr 3 4 u 301 72 0 0 0•al 1301 emir . Phas4'3 1420 01;330 33.230 $5.400 SO > 0 is f0 f S10A §" 4-ADO1TlONAL 2UPFORT' Mlf'4.1 Bid 1 4 eek C2 Conatn ellen 1 4 SOTOTAL•Peaat4 2 • 0 0 0 0 0 0 t com-Phas94 $210 S7i0 3o so 3o t0 >D f0 S• ESttMATEO TOTAL LABOR FLOURS 24 36 78 112 d tti p g 1 FgURLT RATE 4105.00 0m.00 185.00 57500 SM -00 Sf40:00 503:00 - 585.00 Sys. TOTAL LABOR MTS$Y ITA (3.325 $0.030 5!,400 SW ft.240 $0 $520 55 524, SUWAMOULTANT CtmT "OMIIEGT COi o t Fftyp S Moen - c'"G Lwow n=ietm S& 17 TOTAL SUBCONK&TAMT COST tuall t Rotrnoduwion Aoaat,PP40 TOTAL DIRECT Cos $5. Approach APPROACH UNDERSTANDING Our Project Team has thoroughly reviewed the City of Diamond Bar's Request for Proposals for Engineering Design Services for the Peterson Park Drainage and Irrigation Improvement Project. On October 11, 2000, DMC discussed with Mr. John ilasin of the City of Diamond Bar project parameters, requirements and clarifications. ` Discussions were also conducted with Mr. Bob Rose, Parks and Recreation Director for the City of Diamond Bar. To further understand the project requirements, numerous site visits were conducted by each of our Project Team members between October 9, 2000 and October 13, 2000.' Based upon our review, the park appears to have a number of drainage concerns. The most serious concern is the subterranean drainage surfacing primarily in the left and center field portions of the east diamond. The subterranean water source apparently has its sources from the hilly area to the east of the park. The high water table and a history of surface springs in this area support this conclusion. A concrete Swale surrounds the park at the base of the hilly area; ,however, the water is bypassing this drainage facility and ;surfacing in the lower outfield areas of the east field. The ball fields are relatively flat, so surface water drains very slowly in a southwesterly -direction to a drop structure at the south end of bothball fields. To properly address this drainage issue, the source: of the drainage water and its depth must be determined' a through subsurface exploration and a filtered drainage system design and constructed to either intercept the water before surfacing in the field or provide a means for the water to drain away after surfacing. Other drainage issues include the following: • An exposed drainage outlet from the skate board park is producing -a very large mud hole and exposing the City to possible liability issues. To ;properly, address this, a drain pipe needs to be constructed from the outlet structure to the drop structure and backfilled; The drop structure has ;a surface grate approximately 1 -foot below the surrounding ground surface. A number of small drain pipes (approximately 4" diameter) surface above the grate and drain into the drop structure. Due to the low lighting levels and active nature of this park, the drop structure is a safety hazard. At a minimum, the grate needs to be raised to the level of the surrounding surfaces and the smaller drainpipes lowered below grade. • The tot lot does not drain properly. A -filtered drain needs to be constructed in the center of the lot to allow water that builds up in the tot lot to be drained away. • Overall, the playing fields are very flat and drain slowly, causing mud bogs and soft spots in the playing fields. Strategically placed filtered drains and regrading of existing surfaces to allow localized drainage to these facilities would eliminate much of this. The existing irrigation system was installed at the time the park was originally constructed. It is a single, continuous circuit, requiring a full 12 hours to complete a watering cycle. It is the 10 _. .DESIGNGA$ ___ Approach City's desire to redesign the irrigation system to provide for at least two separate circuits, possibly three, to reduce overall watering time to less than 6 hours. Because this park is heavily used, construction of the drainage and irrigation improvements e must impact the park, in terms of down time and damage, as little as possible. This may require a phased construction approach or the use of construction methods or materials, such As prefabricated filtered drain pipe, that is easily installed with little damage to the park. It is our understanding that the City of Diamond Bar is requesting a full range of professional engineering design services necessary to identify and design. specific drainage and irrigation system improvements and prepare plans, specifications and estimates: for these improvements. REQUIRED SERVICES ' It is further understood that the City an the following services by the consultant in designing these improvements: Proiect Management _ Day to day direction of Project Team members in completing project goals, including: ✓ Monthly progress meetings with City staff and affected agencies; ✓ -Preparation of agendas, minutes, and action; items ✓ Facilitation of progress meetings; ✓ "Schedule updates and review; ✓ Weekly staff meetings. • Development and implementation of a Project Work Plan; • Development and implementation of Project QA/QC Plan; Assistance to City staff in preparing necessary project documents for approval by City staff, Commissions, City Council and other agencies. Preliminary' Engineering • Research utility records, "As-Builts" plans and plans of "projects in progress" to identify needs, potential underground utility conflicts and to develop base sheets for the design and engineering of necessary improvements. Coordination of this effort will involve the following agencies: ✓ City of Diamond Bar Public Works Department; ✓ -Los Angeles County Department of Public Works. • Analyze existing drainage patterns and existing drainage facilities and develop modification/enhancement recommendations to be incorporated in the final construction' documents Analyze existing irrigation systems and develop modification/enhancement recommendations to be incorporated in the final construction documents; Conduct subsurface explorations to assess the current subterranean drainage conditions and make recommendations regarding drainage improvements; DESIGN GITOUP Approach • Perform a field review to assess all field conditions, including the existing' condition of sidewalks, driveways, curbs and gutters, drainage, and utilities; • Topographic design -level surveys, as required, to establish site culture; • Prepare a hydraulic/hydrology study to determine drainage needs; • Perform a value engineering analysis of alternative drainage and irrigation methods.'' The analysis:will evaluate the costs of various methods and the potential impacts each. alternative has to the City and its residents. Recommendations resulting from the analysis will be incorporated into a summary report and used to prepare the final plans. Final PS&E's • Prepare engineering accurate plans of proposed roadway rehabilitation improvements, with necessary, dimensions and details. Plans will be prepared'' to the following standards_ ✓ AutoCAD Release 14; ✓ 24" x 36" drawing borders in "Paper Space"; ✓ Base map X -referenced into 'Model Space'; ✓ `Scale: 1" = 40' Plan View. Prepare construction detail sheets, detailing specific design requirements of the project; Prepare special provisions of the specifications in accordance with Word 97 format, using: ✓ The Green Book (latest edition) ✓ 1,999 State of California Standard Specifications and Plans for Traffic Signing and Striping Construction. Prepare estimates of quantities and project costs in Excel 97 spreadsheet format. Project Closeout • Submittal of all electronic files; Submittal of all journals, meeting minutes, correspondences and project documents, Exit interview with client. MANAGEMENT PLAN DMC's project approach is based on a proactive Project Management Plan that originates with our Proposal and is finalized and initiated with the Notice to Proceed. In summary, our. Management Plan will communicate to each member of the Project Team the organization and communication procedures, task; descriptions and assignments, schedule requirements, cost and resource budgets, project data and design guidelines. One of the key steps in preparing a useful Management Plan is the development of a detailed Project Work Plan. To develop this plan, a series of interface meetings will take place among the members of the Project Team to clearly identify the multiple activities required to complete the project. These activities will include not only specific project tasks, but also agency reviews 12 , -M� .DESIGN GAMU91 '. Approach and approvals, quality control processes and milestones for deliverables. Assignment of responsibilities for each ,activity will also be designated. In developing this detailed Project Work Plan, many of the potential project constraints are identified, ways to expedite the project are developed, and the avenues of communication among team members are increased at this initial stage of the project.. The ability to clearly communicate information, such as scope, cost, schedules, and technical matters, is a vital element of any project. A coordinated effort among the various team members is required to achieve an integrated program that, in turn, is necessary to deliver quality services within strict -budgetary and time constraints. Coordination requires effective and frequent communication among Project Team members. Key to the entire Management Plan and subsequent success of the project is the role of the Project Manager. The Project Manager Js responsible for oversightand coordination of all project activities, meshing the technical requirements through a proactive, hands-on management approach. The Project Manager is the sole contact person between DMC and the City, interfacing with all City departments as well as with outside utility agencies. The Project Manager will be responsible .for project documentation, including scheduling, preparation of agendas and meeting notes, and assignment of action items for meetings between the City, sub -consultants and other agencies. QUALITY CONTROL DMC will develop a defined Quality Control (QC) Plan specific to the project. We will manage quality throughout the life of the project, not merely "check it" at the end of the project. QC will be integrated into work plan rand applied continuously and at strategic points in the work process. Our Quality AssurancelQuality Control (QA/QC) program includes procedures for bath administrative and technical controls, such as project files, routing of correspondence, checking/back-checking procedures, design notebooks, check lists, etc, WORK PLAN Based upon our understanding of the project, we anticipate the ;project will be completed in 4 phases. Those specific phases and their specific tasks are as follows: PROJECT MANAGEMENT Task 1.1— Kick off Meeting Upon notification by the City of Project Award, a meeting will be immediately scheduled with - key personnel to discuss final project parameters, contacts and project ; schedule. It is anticipated that the City will 'provide DMC with a Notice to Proceed at this meeting. Task 1.2 — Project Schedule Upon issuance of a Notice to Proceed by the City, DMC will prepare a control -level schedule, using Microsoft Project Schedules v. 4.0, detailing specific delivery dates and meetings, including monthly update meetings with City staff. The schedule is instrumental in providing the 13 DESIGNG7� Approach City assurances of project schedule compliance. The schedule will be updated monthly and provided to the City in a monthly project update report that also includes a narrative of'other project activities, includingcontacts made and action items achieved/remaining. Task 1;3 — Project Meetings The Project Manager willschedule monthly; progress meetings with . assigned .City staff and other affected agencies. The Project Manager willprepare and submit a draft agenda of the meeting to the City prior to the meeting. Agendas will be provided at the meeting by DMC. Project aspects, such as the updated schedule, deliverables, contacts, data received, etc., will be discussed. Action items will be identified and properly assigned to project team personnel or City staff. The Project Manager will keep and prepare project -meeting notes and submit to those in attendance within five days of the meeting. Task 1.4 — Progress Reports The Project Manager will; prepare a monthly Progress Report throughout the duration of the project that will include a narrative section detailing progress completed the previous: period and progress planned for the following period, updated schedules and action items assignment list, minutes of the meetings held the previous month and a complete list of contacts. A Progress Report will be submitted with the monthly invoice for work completed. PHASE 2 — PRELIMINARY ENGINEERING Task 2.1— Research /Data Collection Research, collect and inventory record information, such as: As -built drawings . Pertinent in -progress drawings . Existing geotechnical reports Assessor Maps . Existing utility drawings and . Right-of-way maps maps Records of . Existing survey information . Available drainage Reports Survey Task 2.2 — Site Visits Existing park conditions, drainage` facilities and supporting improvements, such as curb, gutter, sidewalks and driveways will be inventoried by thoroughly walking Peterson Park. Drainage deficient areas will be located and measured and pictures taken. A meeting will be scheduled with the City of Diamond Bar's Parks and Recreation personnel to review the drainage ;and irrigation issues. Deficiency inventory records and supporting pictures will be assembled into a project binder and used during the preparation of construction documents (Phase 3) to confirm field conditions. 14 DESIGN G1� Approach Task 23 — Geotechnical Investigations A comprehensive geotechnical investigation will be completed along the eastern edge of the park, to determine subterranean drainage flows and drainage recommendations. Specifically, ; the following activities will be completed: Review readily, available background materials, including geotechnical reports, published maps, plans, and aerial photographs pertinent to the project site; • A site reconnaissance to observe the existing park drainage conditions and mark proposed boring locations for utility clearance; Perform subsurface exploration consisting of drilling, logging and sampling 3 small diameter borings, approximately 5 to 10 feet deep. Drainage quantities, levels and directions of will be estimated; • Prepare a written report presenting findings, conclusions and recommendations for drainage considerations. Task 2.4 — Design Survey Field surveys, -will be completed of the project area to sufficiently determine the vertical and horizontal alignment of the park and its facilities, including: . Topography of project area (100 feet beyond the project limits); • Sewer/storm drain inverts. Neat and accurate 'survey notes will be kept. Data will be reduced to adequately show centerline station, offset from centerline and elevations. Beginning, intermediate and final benchmarks used, complete with reference, description, datum name and year and closing error will be included in the notes. The notes ;will be certified by the surveyor and submitted to the City within fifteen (15) days after completion of survey. Task 2.5 Base Mapping Utilizing research documents and field survey data, DMC will develop a project area base maps at 1" = 40' of the park. Task 2.6 — Utility Coordination DMC will identify all utilities within the project limits and develop contacts each the utility company. A Request for Record Information letter will be prepared and submitted to the utility companies during the initial stages of this project. At the 65% plans preparation stage, a Preliminary Notice will be prepared and sent to the utility companies with a copy of the preliminary plans, notifying the utilities of the proposed project and requesting the utilities to identify and report any utility conflicts. A final notice will be prepared and sent to the utility companies with a copy of the signed final plans. All contact with the utilities will be recorded and logged. All letters and notices sent to the utility companies will be sent by certified mail. The City will be immediately notified of any known conflicts and assist the City in resolving the DESIGN GRDLA , Approach conflicts. During the electronic transfer of project data to the City, a complete Utility Log will provided to the City. Task 2.7 — Drainage Study DMC will complete a drainage 'study of the park. The drainage study will identify drainage requirements, determine the adequacy of existing facilities, identify the size and location of new facilities and preliminary costs for these improvements. The study will focus on construction approaches the impact that park the least in terms of down time and damage to the playing fields. Task 28 — Irrigation System Improvement Study' DMC will review the existing drainage systemand develop irrigation system improvements that produce the desired results. The study will identify specific requirements, including the need for new facilities; such as a new water meter and/or controller and preliminary costs for the improvements. Task Z9 — Project Design Concept Report DMC will prepare a detailed written report presenting the findings, conclusions and recommendations pertaining to the design and construction of the proposed improvements. Included in the report will be the findings of the Geotechnical Investigation, Drainage Study and Irrigation System Improvement Study, a base map of the project showing the limits of proposed improvements and a preliminary estimate of project costs. The PDC Report will be used to guide the design team in preparing final construction 'documents for the project. PHASE 3 — FINAL PS&E'S Task 3.1— Plans Plans necessary to construct the project will be prepared in AutoCAD 14 format. Plans will be submitted to the City for review and approval at the 65% and 100% complete stages. It is anticipated the following sheets will be prepared for this project: • Title/index' Sheets — A title/index sheet will be prepared and will include, at a minimum, project title and number, signature blocks, location map general notes, construction notes, and an index map; Construction Detail Sheet Design features will be prepared at V=4' scale or as appropriate; • Drainage Improvement Plans - Drainage improvements will be shown in plan view 1"= 40' (H), With finish surface and invert elevations shown at all grade breaks, direction changes and connection points. Areas to be reshaped to 'accommodate local drainage requirements will be shown; • Irrigation System Improvement Plans — Proposed irrigation 'system improvements will be prepared in plan view at 1' = 40' scale. 16;x`` DESIGN GROUP__ I Approach Task 32 — Specifications DMC will prepare the technical specifications. Specifications will be submitted to the City at the 100% and Complete stage for City review and approval. All specifications will be prepared in Word 97 format. Task 3.3 — Estimates DMC will determine project quantities and unit costs for the project. A preliminary Engi'neer's Estimate will be submitted to the City for approval at the complete stage. All estimates will be prepared in Excel 97=spreadsheet format. Task 3.4 — Site Walk Prior to final submittal, the Project Engineer and appropriate design staff will walk the site, looking for offsite conditions or special design requirements that were not addressed in the plans or specifications. Existing culture, such as park furniture, fencing, field obstacles, etc. will be inventoried against the plans. Necessary` changes will be.incorporated into the plans and specifications prior to submittal to the City. Task 3.5 — Reviews Copies ,of plans and specifications will be submitted to the City. The Project Team will be available to answer questions the City may have during their review. It is assumed that five (5) days is all that is necessary for City review. Should the review take longer, DMC` will contact, the City to check on progress. Redline plans received from the City will be reviewed by the Project Team. Questions or concerns regarding changes will be reviewed with the City prior to incorporating any changes into the plans. Task 3.6 —Transfer of Project Files All electronic and hard document files, including plans, specifications, estimates, correspondence, meeting agendas and minutes, and other related project documents will be inventoried and submitted to the City. All plans will be submitted in AutoCAD 14. All other documents will be submitted in Word 97 or Excel 97 depending upon the application. PHASE 4 — ADDITIONAL SUPPORT Task 4.1— Bid Support DMC will assist the City in obtaining responsible bids for the construction of improvements by. providing assistance to the City during the bidding phase, including attending the pre-bid meeting, responding to questions regarding the design, attending the bid ropening, reviewing the bid ''results, preparing the bid abstract, making a recommendation to the City regarding lowest responsible bidder, and attending the City Council meeting to award the contract. 17 DESIGN GR�iIiF= i IT �T City of Diamond Bar _ II 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (9o9) 860-2489 • Fax (909) 861-3117 ljg9 www.CityofDiamondRar.com October 3, 2000 SUBJECT; Request for Proposals for Professional' Engineering Design Services To Civil Engineering Firms: I. INTRODUCTION The City of Diamond Bar Public Works Division is soliciting fee proposals to conduct professional engineering design services for the following projects: L Area 3 Slurry Seat Proiect: This project consists of approximately 23.6 local street miles. (Exhibit "A") to have slurry seal treatment, with crack seal, and AC pavement and/or base materials removal and reconstruction in certain areas. Also, 3 additional residential streets in Area 3 have been identified to receive Cape Seal' treatment. These streets (entire lengths) are Castle Rock Road, Glenbrook Drive, and Calbourne Drive. Consultant will complete a comprehensive field review to completely cover the 23.6miles in this area, which includes the walking of every street to map and note field conditions from sidewalks, curb and gutters, pavement distress requiring _ Deborah H. O'Connor repair and crack seal treatment, and manholes. The final plans and specificiations Mayor should include attachements for all the slurry and r&r work; making reference and cross reference by specific address and problem and repair, solutions. Problem areas Eileen R. Ansad such' as tree roots or weakend pavement sections should be reviewed and Mayor Pro Tem recommendations for repair or removal made. Wen Chang Council Member 2. Prospectors Road Street Rehabflitation Proiect: Prospectors Road is aresidential collector between Golden Springs Drive and Sunset Crossing Road. There are Carol Herrera several areas that have been experiencing distress and pavement fluctuations. _ This Council', Member area also has a high level of "cut -through" traffic used by motorists to bypass the 57/60 FWY interchange. Speeding is also an issue along this road and has been the Robert S. Huff subject of several Traffic and Transportation Commission meetings. Consultant will Council Member be required to make recommendations on appropriate mitigation measures as well as conduct up to 2 public information meetings regarding these measures. The chosen measure will be implemented as part of the street rehabilitation plans. Consultant will also be required to obtain pavement analysis for further rehabilitation recommendations along Prospectors Road. Recycled paper Page 2 RFP Design Services October 4, 2000 3. Golden SorinEs Drive Street Rehabilitation Proiect: Golden Springs Drive, between Torito Lane and Temple Avenue, is the final segment for street rehabilitation on Golden Springs Drive. Consultant shall include pavement analysis for rehabilitation recommendations as well'as traffic engineering for striping modifications/enhancements and recommendations. 4. Walnut Drive Street Rehabilitation Proiect: Walnut Drive, between the westerly City limits to Lemon Avenue, is heavy with traffic and used as a 60 FWY bypass to and from the City of Industry. While Walnut Drive is not designated as a truck route, the area is completely light industrial and heavy truck traffic has continued. Consultant shall include pavement analysis for rehabilitation recommendations. 5. Peterson Park Drainage & Irrigation Improvements Proiect- Peterson Park is a developed nine acre park located at 24142 Sylvan Glen Road. The park suffers from a high water table, runoff from an adjacent slope and poor percolation into a compacted clay soil. Drainage across the athletic field is achieved by surface sheet flow, which is blocked in places by the build up of small berms/ruts. Consultant shall include soils investigation and tests as well as re -design of irrigation system affected by the proposed drainage improvements. II. PROJECT TIMELINES All projects are identified in the FY 00-01 Capital Improvement Program. All plans, specifications and cost estimates shall be completed and ready for approval by the City Council within S months after the issuance of notice to proceed. Construction should commence by Spring of 2001. Consultants shouldbe able to work within short time frame., III. PROFESSIONAL DESIGN SERVICES The proposal shall identify each task to be included as part of the project. At a mininnan these tasks shall include: 1) Meet with the City staff prior to the beginning of work to discuss background, scope, objectives, and -other pertinent details of the project. Consultant shall also attend periodic meetings with City staff at various stages of the project as needed. 2) Collect and review all existing information pertaining to this project, including the available improvement and utility plans. 3) Conduct a utility search for all utilities within the project limits. Review the location of the existing utilities, surface and subsurface structures and proposed improvements. If the i Page 3 RFP -Design Services October 4, 2000 proposed improvements interfere with existing utilities, the consultant shall arrange to have potholes taken by the utility company. The consutlant shall secure the necessary, right-of-way and/or permit from all utility companies for the design and construction of the project. The consultant shall provide the City copies of all utility correspondences with the completed construction documents submittal. Retention monies due the consultant will not be released until all utility correspondence has been submitted. 4) The survey shall be certified by the surveyor or engineer. The survey shall: A. Locate sufficent topography and take sufficient cross sections to adequately show the condition of the project site prior to construction. Reduce the data to a form showing centerline station, offset from centerline, and elevation. B. Provide in the cross section notes the beginning, intermediate, and final bench marks used, complete with reference, description, datum name and year, and closing error. Use a minimum of two (2) bench marks. C. Sign, date`and submit all original survey notes to the City within fifteen (15) working days after the completion of the survey. 5) The Consultant shall prepare plans and specifications for the street improvement projects as noted under the Introduction. The improvement plans shall have plan and profile using linch = 40 feet horizontal and 1 inch= 4 feet verticalscales. + Signing and striping plans shall be at a 1 inch = 40 feet scale. Final plans and bid specifications shall be signed and stamped by a Civil Engineer currently registered in the State of California. For reconstruction project(s),' work copy profiles shall be drawn at a 1 inch = 20 sfeet scale horizontally and 1.25 inch =`1 foot scale vertically' using a standard profile grid., Proposed grades shall be superimposed over existing surface profiles. Work copy street cross sections shall be drawn to a scale of 1 -inch = 4 feet horizontally and a 1.25 inch = 1 foot vertically on standard profile grid. Proposed improvements shall be superimposed over sections of the existing surface. The bid specifications shall be submitted on 3 1/2 inch floppy data disk, in Microsoft Word for Office' 97. The Consultant shall prepare and submit a cost estimate in a tabular form for each construction item showing quantity, unit, unit price and total cost. All estimate back-up calculations by plan sheet shall also be submitted: 6) It is the City's intention to use the Standard Specifications for Public Works Construction (latest Edition), the Standard Plans for Public Works Construction (latest Edition) and the American Water Works Association (AWWA) Standard Specifications, in conjunction with City standard specifications and plans. The consultant shall provide copies of referenced standard plans from other sources. Page 4 RFP - Design Services October 4, 2000 7) Revise and/or change plans and related materials as required as a result of review of the signed plans by affected utilities or because of errors or omissions in the plans and specifications. Such revisions shall be completed in a timely manner so as to avoid or minimize constructiondelays and shall not result in any increase in compensation from the City. 8) Provide consultation during construction. The Consultant shall provide any appropriate technical services, including but not limited to, consultation, plan interpretation, and plan revisions resulting from changed conditions, excluding revisions required in Item (7) above. Such revisions shall be completed in a timely manner so as to avoid or minimize construction delays. In the event that plan revisions are required during construction, they shall be considered extra work and additional compensation shall be made based on the hourly rates established in the proposal. IV. CITY SUPPORT A. Existing street and utility plans in the City's possession. B. Reproduction of final construction plans and specifications for advertising. V. PROPOSED FORMAT AND CONTENT A list of the projects which the consultant is proposing to work on for the City must be provided. Consultant may choose to propose on a limited set of projects or all the projects. For all of the projects noted under the Introduction, the Consultant's response to the City's Request for Proposal should provide the following information, using the same format and sequence: A. Project Team An organization chart indicating principals and key project team members together with an indication of their involvement in the project. Also provide resumes of the key personnel involved with this project including personnel from sub -consultants. For the project engineer and project manager, include information for three (maximum) recent projects on his/her record of completion compared to the original project schedule. B. Firm's Experience List a maximum of five projects of similar scope which your firm has designed for other public agencies in the greater Los Angeles area. For each project, provide the following information: location, owner, construction cost, year the design' was completed, year the construction was completed, your project manager's and engineer's name. If any portion of the project is sub -contracted, provide similar information for a maximum of three projects. Page 5 - RFP = Design Services October 4, 2000 C. Project Design Discuss the methods and procedures that will be used in the design of the project. Provide a list of construction drawings that will be prepared for the project. Also identify any potential concerns or problems in the design of this project. D. Project Scheduling Provide a schedule identifying milestones for the major tasks in the design of the project,' beginning with the Notice to Proceed. E. Resource Requirements Provide a man hour and fee estimate by item identified in Section H. Also provide a total "Not to Exceed" design fee for the project. Please state' all assumptions upon which the estimates are based. It should be noted that the amount of retention shall be 10 percent for the contract and a reduction in the amount of retention percentage will not be allowed. Retention will be released upon the City's acceptance and approval of the final plans. F. Fee Schedule Provide the hourly rates of all personnel assigned to the project. These rates will be used to negotiate any additional work the City may request. G. Agreement Attachment C is a copy of the City's professional services agreement. A statement MUST' be made in the proposal that all terms and conditions are acceptable. FL Insurance Proof of insurance requirements addressed in the; professional services agreement of this Request for Proposalshallbe submitted by the selected Consultant upon execution of the contract for submittal to the City Council. The selected Consultant must submit a "Statement Certifying Insurance Coverage" certifying that the required insurance coverage will be obtained by the Consultant, and that the Consultant understands said coverage is prerequisite for entering' into an agreement with the City. The Consultant is required to confirm with its insurance carrier Page'6 RFP —`Design Services October 4, 2000 that it can meet all the requirements for insurance. Failure to meet the insurance regulations as: set forth shall result in the consultant's disqualification. L References List of at least three (3) references for similar projects must be provided. Include contact person, address, and telephone number. VI. SUBMITTAL OF PROPOSAL - Six (6) copies of the proposal shall be presented in a sealed envelope bearing the name, address and telephone number of the individual or entity submitting the proposal and shall be addressed to MR. DAVID G. LIU, DEPARTMENT OF COMMUNITY AND DEVELOPMENT SERVICES, CITY OF DIAMOND BAR, 21660 EAST COPLEY DRIVE, ,SUITE 190, DIAMOND BAR, CA 91765.4177. The envelope shall be clearly marked with, the notation "DO NOT OPEN PROPOSAL." The proposal shall be delivered to the addressee on or before 3:00 P.M. on October 19, 2000. VII. SELECTION PROCEDURES Criteria for the evaluation of the proposals may include, but need not be limited to, the following: A. Completeness of proposal. B. Firm's and key project team member's experience in performing similar work. C. Firm's and key project team member's record in accomplishing work assignments for projects in the agreed work. D. Consultant's demonstrated understanding of the scope of work. E. Quality of work previously performed by the firm. F. The resources and fee required to perform the requested services, G. The consultant's continents on the professional services agreement. H. References A "Short List" of firms will be selected for further consideration and may be contacted to arrange an interview with City Staff. Page.? RFP -Design Services October 5, 2000 - VIII. < ORAL INTERVIEWS In addition to the written proposal, each firm may be asked to make an oral presentation to' the Selection Advisory Committee. The Consultant should have available the project manager and the project engineer to discuss the following: A. The major elements of the proposal and be prepared to answer questions clarifying their detailed proposal. B. A description of previously related experience for key project team member. Work sample exhibits may also be used. C. The proposed project design schedule. D. The proposed man-hour resources and total project design fee. IX. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reduce or revise elements of the scope of work prior to the award of any contract. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any contract will be awarded; pursuant to this Request for Proposal, or otherwise. All costs incurred in the preparation of the proposal, in the submission of additional information and/or in any other aspect of a proposal prior to the award of a written contract will be borne by the proposer. The City will provide only the staff assistance and documentation specifically referred to herein and Will not be responsible for any other cost or obligation of any kind which may be incurred by a proposer. All proposals submitted to the. City in response to this Request for Proposal shall become the property of the City. X. QUESTIONS If there are any questions regarding this Request for Proposal, please contact Mr. JohnBasin or me at (909) 396-5672. Sincerely, David G. Liu, P.E. 41 Director of Public Works Attachments cc: Jim DeStefano Deputy City Manager CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: James DeStefano, Interim City Manager MEETING DATE: December 19, 2000 REPORT DATE: December 14, 2000 FROM: Bob Rose, Community Services Director TITLE: Extension of Vendor Services for Sport Court Re -Surfacing SUMMARY Per the Purchasing Ordinance, awards for services to a single vendor shall not exceed $15,000 without prior authorization from the City Council. The City has the need to re -surface seven basketball courts and three tennis courts in the public parks. The estimated cost to complete this work is $18,000. There is $20,000 included in the 2000/01 FY Budget for this work. Staff is seeking City Council authorizationto extend the purchase order amount for California Surfacing Company, the most qualified company that responded to the RFP, to complete this work. RECOMMENDED ACTION: It is recommended that the City Council authorize additional Sport Court Re - Surfacing be performed by California Surfacing Co. in the amount not to exceed $20,000 for the 2000/01 Fiscal Year. LIST OF ATTACHMENTS X Staff Report _ Public Hearing Notification Resolution(s) — Bid Specifications Ordinance(s) Other: _' Agreement EXTERNAL DISTRIBUTION; SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? N/A _ Yes No 2. Does the report require a majority vote? X Yes _ No 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes X No What Commission?' N/A 5. Are other departments affected by the report? X Yes _ No Which? Finance REVIEWED BY: JamesDeStefa ` o Bo Rose Interim City Ma ager Community Services Director - CITY COUNCIL REPORT MEETING DATE December 19, 2000 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Extension of Vendor Services for Sport Court Re -Surfacing Issue Statement Per the Purchasing Ordinance, awards for services to a single vendor shall not exceed $15,000 without prior authorization from the City Council. Recommendation It is recommended that the City Council authorize additional sport court re -surfacing be performed by California Surfacing Co. in the amount not to exceed $20,000 for the 2000/01 Fiscal Year. Financial Summary There is $20,000 allocated in the 2000/01 FY Budget for sport court re -surfacing in the City parks. Estimated cost to compete the required work is $18,000. Background There are seven basketball and three tennis courts in the City's public parks that need to be re -surfaced. The basketball courts are located at Ronald Reagan, Maple Hill, Heritage, Pantera and Longview South Parks. The Tennis courts are all located at Ronald Reagan Park. Staff released a Request for Proposals (RFP) to obtain a vendor to provide court re -surfacing services. Three proposals were received in response to the RFP and after interviews, a background check and a review of references, it was determined that California Surfacing Co. was the most qualified respondent. Discussion The proposal from California Surfacing Co. is for $18,000. Staff is seeking authorization for $20,000 in unforeseen circumstances result in additional costs. There is $20,000 included in the 2000/01 FY Budget for sport court re -surfacing in the City's parks. Prepared by Bob Rose Community Services Director CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO !$ i TO: Honorable Mayor and Members of the City Council MEETING DATE: December 19, 2000 REPORT DATE: December 12, 2000 FROM: James DeStefano, Interim City Manager TITLE: Augmentation of Contracting Services Agreement with Huls Environmental Management, LLC to Undertake a New Base Year Waste Generation Study SUMMARY: Since 1995, the City has contracted with Huls Environmental Management for consulting services addressing stormwater, solid waste, recycling, waste prevention, and public outreach to achieve and " maintain environmental compliance in an integrated fashion. The City's agreement with this firm was renewed on August 15, 2000. The existing agreement allows the City to extend and/or augment the contract as required; consequently, the City staff proposes to augment the agreement to conduct a new base year waste generation study. The purpose is to establish an accurate benchmark for future calculations as well as clearly identify the diversion rate for the year 2000, which is the year of compliance under AB 939.' RECOMMENDATION: It is recommended that the City Council (a) allocate $43,875 from unappropriated Integrated Waste Management Fund and (b) approve and authorize the Mayor to execute the contract amendment with Huls Environmental in an amount not -to -exceed $43,875 for services relating to the conduct of a new base year waste generation study. LIST OF ATTACHMENTS X Staff Report _ Public Hearing Notification Resolution Bid Specification X Agreement X Other (J. Michael Huls proposal, dated 12/12/00) EXTERNAL DISTRIBUTION SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance, or agreement been reviewed? X Yes No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a.Commission?' N/A _ Yes — No Which Commission? 5. Are other departments affected by the report? N/A Yes No Report discussed with the following affected departments: REVIEWS Js De5tefan avid iu lees Interim City Man ger Director of Public Works CITY OF DIAMOND BAR STAFF REPORT MEETING DATE: December 19; 2000 TO: Honorable Mayor and Members of the City Council . FROM: James DeStefano, Interim City Manager SUBJECT: Augmentation of Contracting Services Agreement with Huls Environmental Management, LLC to Undertake a New Base Year Waste Generation Study Background Since 1995, the City has contracted with -Huls Environmental Management for consulting services addressing storm water, solid waste,recycling, waste prevention, and public outreach to achieve and maintain environmental compliance in an integrated fashion. The City's agreement " with this firm was renewed on August 15, 2000. The existing` agreement allows the City to extend and/or augment :the contract as required; consequently, the City is prepared to augment the agreement to cover implementation of a new base year waste generation study. Discussion After a rigorous competition, Waste Management and Valley Vista were selected to implement the new automated solid waste and recycling collection system; one for residential sector wastes and the other for nonresidential sector wastes (i.e., barrel and bin service, respectively). An issue has arisen in that the principal hauler (Waste Management) in the nonresidential sector (which had 95% of all bin -serviced accounts prior to the exclusive contract award) was not selected for that sector's exclusive arrangement. The hauler had proposed to conduct certain activities on a no -cost basis, if selected. These activities included a new base year/waste generation study, process audits, and other services. Since the hauler was not selected, and the new exclusive hauler did not propose such activities (nor are they in a position to conduct such activities given their small relative proportion of market share), the City must undertake the activities itself. In addition, there is a time constraint on these activities given the need to submit our AB 939 annual report that is due by August 1, 2001, and the likely co -submittal of a SB 1066 extension, if our diversion rate of 28% is not improved enough to reach 50%. Combined with the new programming that is only partially implemented as of this date, it is unlikely that the City will reach the 50% diversion level solely based on -the new base year waste generation study within the compliance year 2000. The new base year waste generation study is a recognized successful approach to solve 1) the continuing problem with the State Disposal Reporting System by identifying accurate waste generation data from a target year, and 2) improving the City's official diversion rate by accurately tallying the amount of diversion and disposal (i.e., waste generation) in the target year. In theory and practice, this makes calculation of the diversion rate simple and straightforward. Huls Environmental's FY 2000-01 proposal assumed that a single hauler would be selected and that the selected hauler would provide the services necessary to conduct the new base year/waste generation study. Huls Environmental has now proposed to execute the new base year/solid waste generation study based on its experience and knowledge with Integrated Waste Management Board study specifications and requirements. Huls Environmental has previously conducted such studies for cities including Paramount, Azusa, Duarte (still' under review), and others, r-. Staff Report to City Council, December 12, 2000 2 Staff has inquired information from other cities and finds that Huls Environmental's pricing is acceptable. Nearby Pomona, for instance, will expend about $300 to $400 thousand on such a study, and Alhambra has hired Eugene Tseng and Associates, at a price of $55 thousand for its new base year/waste generation study. Huls Environmental will complete the process by May 15, 2001. In order to complete the study by the August 1, 2001 filing date for the AB 939 annual report, which includes by necessity the new base year/solid waste generation study, staff recommends the contract amendment with Huls. It is in the best interest of the City to amend the Agreement for the services in order to ensure consistency and continuity of the services already being provided by Huls Environmental. The 'study itself only addresses the first step of the information required by the Board now. It is noted that the Board mandates program implementation to accompany all new base year waste generation studies. In the next step, the City will need to conduct follow-up process audits to the entire nonresidential sector generator population. The new base year waste generation study involved visits to 90 generators only; although these firms will be the largest ones and more likely to be conducting diversion activities. Once the new base year waste generation study is complete, the results will identify the level of effort required for the next step, the process audits. The higher the diversion level the less effort required to implement programs. Process audits involve one or more technicians conducting detailed site visits and analysis at waste generators for the purpose of identifying and assisting; firms to implement programs. Diamond Bar now requires all generators to divert readily recoverable materials or show cause why not. The process audits address this requirement. Process audits of the entire nonresidential sector are necessary because of the complex nature of the new solid waste system and the need to meet 50% diversion as quickly as possible. Prior to the new system, Waste Management handled 95% of all normal refuse accounts with the remainder spread among two other haulers. Today, with the new system, that is no longer the case. The discontinued hauler probably handles still about 80% of accounts, but the remainder has been focused under the new exclusive hauler, Valley Vista. The problem is that under the new system the exclusive hauler has an agreement to meet specific targets of diversion and programming; however, the discontinued hauler has no similar contractual obligation to do the same; and they are scheduled to terminate in five years instead of ten. Until the new exclusive hauler obtains the right to handle all accounts, we will likely see issues such as this arise. To remedy the AB 939 compliance situation now, the City must follow up the new base year waste generation study with a presently unknown level of process audit effort to accurately identify potential diversion systems at all businesses, and to implement some or all programming options depending upon the to be determined diversion rate. By conducting these process audits, the City will also be able to confirm that all generators' rates are appropriate for the level and type of service and that recycling programs exist or willbe put in place at an accelerated schedule. Financial' Summary The cost of the new base year waste generation study is covered by the increased AB 939 fees, which are collected expressly for purposes such as this, and the recent receipt of proposal processing fees from the two selected refuse and recycling contractors. There is no need to allocate Staff Report to City Council, December12, 2000 - 3 any fluids from the General Fund. A budget amendment allocating $43,875.00 from unappropriated Integrated Waste Management Fund is requested for this study. Recommendation It is recommended that the City Council (a) allocate $43,875.00 from unappropriated Integrated Waste Management Fund and (b) approve and authorize the Mayor to execute the Contract Amendment with Huls Environmental m' an amount not -to -exceed $43,875 for services relating to the conduct of a new base year waste generation study. Prepared by; - David G. Liu €?Iac-llc_UU Udr;.lot` ..0 1-1 "e iPiae a r'i to iS:r. Frit 0G is �$U!7 1OL4 Y.U. Califomia Integrated Waste Management $card �ie.. Linda Moulton -Patterson, Chair ss• s 100 l Sti ct • Sacramento, California 5814 • (916)255-2200 ww W.ciwm#i.ca. guv Gray Davis Winston H. Hiekux Governor .��rrernry jvr fnvtrpnrrtpnt�f irolrrliin November 27, 2000 I. hr To Interested Parties: In my ongoing attempt to keep you well informers of important Board activitiss, l am sending you this update to clarify the, process regarding preparation of new base year studies. l appreciate your patience in this matter as the Board strives to bring more clarity, consistency and fairness to the process of approving new base year studies. In November, the Board committed to conducting a workshop regarding the content of new base year studies, specifically related to the use of source reduction and extrapolation in the process. At the workshop, the Boardheard many valuable comments and concerns regarding the existing base year process. There were several comments regarding the Hoard maintaining a fair and equitable process. There were also' concems raised regarding jurisdictions "buying diversion", rather: than implementing programs. 'Comments were also presenters regarding the integrity of the AB 939 program being based upon both implementation of programs and striving for improving accurate measurement accuracy- As a result, the Board will be hearing an agenda item in December titled "Discussion And Consideration Of Process; Methodology And Content For Local Jurisdictions Submittal Of New Base Years For Approval To The California integrated Waste Management Beard" regarding the Boares process for submittal and review of new bass year studies. The agenda item will contain information about the new base year review and approval process, in addition to a revised certification affidavit form. The proposed new certification form contains additional information regarding both tonnage data and companion programs. The revised certification form is intended to ensure that both programs and diversion rates are emphasized when submitting new base years. It is very important to note that while achievement of the 50' percent diversion rate is very important, implementation of programs is equally if not more significant. The proposed new certification form is intended to provide Board members more information from which- to make informed decisions_ It will also. assist Board staff and jurisdictions in providing dear and concise information. California Environmental Protection Atten y Printed un Recycled Paper AMENDMENTNO. 11 TO THE CITY'S PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL MANAGEMENT SERVICES This Agreement (Amendment No. 11) is made and entered into this day of December, 2000, between the CITY OF DIAMOND BAR, a Municipal. Corporation (hereinafter referred to as "CITY") and Huls Environmental Management, LLC (hereinafter referred to as "CONSULTANT"). A. Recitals: (i) The CITY entered into an Agreement, with J. Michael Huls to provide Environmental Management Services with Respect to the Development and Implementation of an Integrated Environmental Management Program, which Agreement was dated August 15, 1995, and was amended by Amendment No. I dated June 18, 1996, Amendment No. 2 dated July 16, 1996, Amendment No. 3 dated August 5, 1997, Amendment No. 4 dated February 3, 1998, Amendment No. 5 dated June 2, 1998, Amendment' No. 6 dated August 4, 1998, Amendment No. 7 dated August 18, 1998, Amendment No. 8 dated August 17 1999, and Amendment No. 9 dated March 7, 2000, and Amendment No. 10 dated August 15, 2000 (as amended; the "Agreement"). , (ii) The City requested a proposal to conduct a new base year waste generation study. (iii) CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "L to provide the, requested services ata not -to -exceed cost of $43,875. (iv) It is in the City's best interest to amend the Agreement for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 3 of the Agreement is hereby amended to read as follows: "3. Compensation. CITY agrees to compensate CONSULTANT for each service which CONSULTANT performs to the satisfaction of City in compliance with the schedule set forth in Exhibits "K" and"L". Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to CONSULTANT pursuant to this Agreement shall not exceed ,ONE HUNDRED THIRTEEN THOUSAND FIVE HUNDRED TWENTY FIVE DOLLARS ($113,525) Section 2 Exhibits "K" and "L" of the Agreement is hereby attached hereto and incorporated herein. ,�- .-•-••• ,.. .,��.., #,>a•.a .v sJa:;x 1'=0. 1 : aCKn43WjeGgCS mat no rerMsertita€ion hT arry Party WhIC4 is not MbOdied herein nor any other agreement. statement, or prorruse not 4mmained in this Amendment No. i l shall be valid and binding. Any modification € f this AnwiKknent No. I I shall be effective only if it is in w€ittng &igned by the girt es. IN P rrN'ESS WHEREOF, the parties hereto have executed this Amendment No. I I as of the dayand year first set forth above; iMOVED AS TO FORM-. CONSULTANT: IIU S �..i�tVIRONMEWAL MANAGEMENT, LLC 3y. City Attorney (51Miehael Huls phneipal CITY OF DIAMOND BAR Mayor — II i 'il - CITY COUNCIL REPORT AGENDA NO.� MEETING DATE: December 19, 2000 TO: Honorable Mayor and Members of the City ouncil FROM: James DeStefano, Interim City Mana gK SUBJECT: Award of Contract to BonTerra Consulting to provide Environmental Documentation Services for the Community and Senior Center Project. ISSUE STATEMENT: This report requestsapproval of a Professional Services Agreement with BonTerra Consulting to prepare the required environmental documentation for the proposed Community and Senior Center Project at Summit Ridge Parka RECOMMENDATION: It is recommended that the City Council approve an agreement between the City and BonTerra Consulting in the amount of $12,960.00, authorize a contingency amount of $1,296.00 and allocate the necessary resources ($14,256.00) from General Fund reserves. BACKGROUND: The City has selected a portion of Summit Ridge Park as,a preferred location for the proposed construction of a Community and Senior Center. In order to assess the environmental effects of this proposal and prepare the required environmental documentation it is necessary to employ an environmental consulting firm to assist the City. City staff prepared and distributed a Request for Proposal to thirteen firms on November 1, 2000. The City received six proposals for review by November 15, 2000 (proposals on file).' Proposals were received from David Evans and Associates ($34,664.00), - Envicom ($33,326.00), Environmental Impact Sciences, ($24,960.00), Laguna Pacific Environmental ($23,400.00); Cotton Boland Associates ($22,245.00), and BonTerra Consulting ($12,960.00). The BonTerra work program and budget for all currently known tasks, as identified in the City RFP, necessary to; prepare the environmental documentation for the proposed project is $ 12,960.00. BonTerra Consulting has provided the City of Diamond Bar with similar services in the past and is a well known and respected environmental consulting firm. It is recommended that the City Council approve an agreement between the City and BonTerra Consulting in the amount of $12,960.00, authorize a contingency amount of $1,296.00 and allocate the necessary resources, ($14,256.00) from General Fund reserves. Attachments: Request for Proposals BonTerra Proposal for CEQA documentation and Consulting Services. x I IT City of Diamond Bar \�`� 21660 E. Copley Drive, Suite 100 •Diamond Bar, CA 917654177 (909) 860-2489 • Fax (909) 861-3117 ajg!% www.CifyofOiamondBar.com November 1 2000 SUBJECT: Request for Proposal for CEQA Documentationand Consultation Activities for Proposed Community and Senior Center Project at Summit Ridge Park, Diamond Bar, California. To Environmental Firms: The City of Diamond Bar is interested in contracting with a qualified environmental planning consulting company for provision of CEQA documentation and consultation services for the proposed Community and Senior Center Project at Summit Ridge Park. The City Council has selected Gonzalez/Goodale Architects to develop a preliminary design for the proposed project and wants to engage an environmental consultant; to initiate the CEQA process concurrent with the site design process'. The requested CEQA services would need to begin immediately after City Council approval of the consultant's contract, the current schedule anticipates Council approval at its November 21, 20009 meeting. g Deborah H. O'Connor Mayor To meet this schedule, your response to this RFP must be received by 12:00 p.m. (noon) on Wednesday,November 15 20 00 Late submittals will not be accepted. _ Eileen R. Ansari Mayor Pro Tem All proposals shall be delivered to: Wen Chang James DeStefano Council Member "Interim City Manager City of Diamond Bar Carol Herrera 21660 E. Copley Drive, Suite 100 Council Member Diamond Bar, CA 91963-4177 Robert S. Huff Please call me with any questions. Council Member Sincerely, James DeStefan `Interim City Manager Enclosures I i Recycled paper Request for Proposals CEQA Documentation and Consultation Services for Proposed Community and Senior Center Project at Summit Ridge Park City of Diamond Bar, California November 2, 2000 Background In October 1998, the City Council formed, a Task Force consisting of 28 community members in Diamond Bar to review the needs of the community and to recommend a proposed site and community facilities for approval by the City Council. A consultant team consisting of LPA, Inca and The Roth Group was selected by the Council to support and facilitate the work of the Task Force. The Task Force met several times through mid 1999 to review potential sites., consider community facilities needs and priorities, and to formulate recommendations for consideration by the City Council. Description of Proposed Pro!ect The City Council has determined that the preferred location for -the proposed Community and Senior Center project' is the Grand Avenue portion of Summit Ridge Park. The location of the park is shown on "Map 1, attached hereto. Approximately 6 acres of the park would be needed to accommodate the proposed facilities. The portion of the park that is proposed for the project consists of landscaped open space areas. The "Preliminary Schematic Plan, Summit Ridge Park - Option B,";attached hereto, shows the location of the proposed facilities within the parka At this time, only the Community and Senior Center facilities arebeing considered; the Library and City Hall elements shown on the Preliminary Schematic Plan would occur as funding: becomes available and would not be evaluated in the CEQA documentation referenced in this RFP. A community meeting to receive community input regarding the proposed site design is scheduled on November 15, 2000, prior to selection of the environmental consultant. This meeting may also be conducted as a scoping meeting in accordance to the applicable provisions of CEQA Summaries of comments received at the meeting will be provided to the selected environmental consultant. Preliminary Schedule The City Council would like to have the CEQA documentation (for purposes of this RFP is assumed to be a Mitigated Negative Declaration) available for public review by mid December 2000. Council approval of a specific- development plan and certification of the CEQA document would occur in mid- February 2001. Scope of Work The selected environmental planning consultant will provide CEQA, documentation and consultation services to the City of Diamond Bar to insure that the potential environmental impacts of construction and operation of the proposed Community and Senior Center project are identified and mitigated to the extent feasible. 3 i The followingtasks are required of the environmental planning consultant: e Review the Task Force report and the preliminary plans provided by the City's architect and recommend changes that could reduce potential environmental impacts; proposed changes that are acceptable would be incorporated into the project description of the Mitigated Negative Declaration. + Conduct a site visit to determine existing biological and other onsite conditions for use in the existing setting portion of the CEQA document. • Provide six copies of the screencheck CEQA document. to the City for review; incorporate the City's changes into the Draft CEQA document. • Print 30 copies of the Draft CEQA document for public review; provide an electronic version to the City for its use in producing additional copies. Mail the Draft CEQA document to applicable local and state agencies using a mailing list provided by the City. Y • Prepare responses to comments received on the Draft CEQA document and provide six copies of a" screencheck document to the City, for review; finalize the responses based upon City, comments and provide 30 copies and an electronic version to the City. • Attend two Planning Commission and two City 'Council meetings/public hearings to present the findings of the CEQA document and answer' questions raised by decision makers. I • Attend up to 4 status/progress meetings with the architect and City staff. Costs Provide a 'summary of the costs of implementing the scope of work described above. The cost proposal should include the following for each task: Labor hours and fees and estimated' reimbursable expenses. The billing rates used to derive the labor fees must be included. Required Proposal Contents The proposal response shall be limited to 10 pages, excluding resumes and cover letter.-' The following minimum contents must be provided for the proposal to be considered responsive: 1. Name, address, and telephone number of the company. The designated principal, project manager, and key staff shall be named. Resumes for each shall be provided. 2. Proposed approach to be used in'accomplishing the scope of work described herein. I Description of the tasks to be accomplished in performing the scope of work. 4. Proposed costs to complete the scope of work. 2 Attachment A 'SCOPE OF WORK AND BUDGET FOR CEQA DOCUMENTATION AND CONSULTATION SERVICES FOR PROPOSED COMMUNITY AND SENIOR CENTER PROJECT AT SUMMIT RIDGE PARK DIAMOND BAR, CALIFORNIA November 15, 2000 Introduction This work program describes the'tasks'necessary to provide the required CEQA documentation and consultation services to insure that the potential environmental impacts of construction and operation of the proposed Community and Senior Center project are identified and mitigated to the , extent feasible. Project Understanding The Diamond Bar City Council formed a community task force in October 1998, to review ew community needs and recommend a proposed site and community facilities for approval by the Council. The City Council subsequently determined that the preferred location for the "proposed project is the Grand Avenue portion of ;Summit Ridge Park. Approximately 6 acres of the park would `be used for construction of the proposed facilities. Option B of the Preliminary Schematic ,Plan provided in the City's RFP shows the proposed site plan for the project. The proposed CEQA documentation would address the > construction and operation of the Community and Senior Center facilities; the Library and City Hall elements shown in Option B would be constructed as funding becomes available and would not be evaluated in this CEQA documentation process.' Approach BonTerra Consulting proposes to assign a principal to lead the CEQA documentation work program ,described below.,, Mr. Thomas E. Smith, Jr., AICP is the assigned principal' Mr. Smith has worked on CEQA documentation and mitigation monitoring projects in Diamond Barforthe'past nine years. His knowledge and'experience in the City will provide for cost effective and timely service to the City. The other members of the project team will include: Amber Oneal, Ecologist and Sam Stewart, Environmental Planner. Mr. Smith will direct all activities described in the scope of work. Specific tasks to be completed are described below. Schedule BonTerra Consulting; is prepared to start immediately upon receipt of authorization to proceed from the City of Diamond Bar. Assuming timely provision of project information (e.g., building elevations and locations) from Gonzalez/Goodale Architects by November 29, BonTerra Consulting would endeavor to complete the MND for public review in mid December2000. Page 1 TASK `1: PROJECT INITIATION MEETING Upon receipt of an authorization to proceed from the City of Diamond Bar, BonTerra Consulting will meet with City staff to review the scope of work, the project schedule, and to obtain appropriate CEQA documentation materials (e.g., Initial Study Checklist). Digital files of the checklist are preferred over a paper copy. Any adjustments to the scope of work and preparation schedule will be accomplished after the meeting. TASK 2: SITE VISIT BonTerra Consulting staff will visit the project site to document existing conditions. Particular attention will be given to the locations of natural vegetation and habitat that may exist within the proposed project development footprint.- TASK 3: REVIEW INFORMATION PROVIDED BY THE CITY BonTerra Consulting will review all materials provided by the City concerning the proposed project and environmental documentation for projects in the site vicinity. If additional information is needed to complete preparation of the environmental documentation,'BonTerra will request this information in writing from the City. TASK 4: PREPARE DRAFT INITIAL STUDY CHECKLIST BonTerra will prepare a draft Initial Study Checklist and supporting analysis using the City's Initial Study Checklist form. Answers will be provided' to substantiate the determinations, as re Study CEQA. We have assumed that a, traffic impact analysis by a consulting traffic engineer isnot necessary. It is assumed that the =City engineering staff will provide BonTerra Consulting with the anticipated peak hour traffic volumes for the proposed Community and Senior Center Project and , for Grand Avenue in the vicinity of the project site. If a consulting traffic engineer appears to be dation to the City. Appropriate budget and, schedule necessary, BonTerra will make this recommen adjustments will be accomplished after City approval. Three copies of the checklist will be provided to the City for review. TASK 5: PREPARE FINAL INITIAL STUDY CHECKLIST Upon receipt of the City's comments, BonTerra will finalize the Initial Study Checklist for use in preparing the proposed Negative Declaration. At this time, we are assuming that.a Mitigated Negative Declaration (MND) is the appropriate. CEQA document for the proposed project. Involvement by the,California Regional Water Quality Control Board, Los Angeles Region for issuance of an NPDES storm water permit for site construction involving more than 5 acres will require a 30 -day review period for the proposed Mitigated Negative Declaration. TASK 6: MAILING OF INITIAL STUDY AND PROPOSED MITIGATED NEGATIVE DECLARATION BonTerra will mail up to 30 copies of the Initial Study and proposed MND/Notice of Intent to Adopt an MND on behalf tof the City, using certified mail, return receipt processing. The City will provide the mailing list for use by BonTerra. This scope of work assumes that the City will -,file, the Notice of Intent to Adopt an MND with the CountyClerk as required by CEQA and, post other appropriate notices required by the City's CEQA and entitlement review processes. Page 2 r. is TASK 7: PREPARE RESPONSES TO COMMENTS , Upon completion of the 30 -day review period, BonTerra :Consulting will prepare responses to comments received on the MND. A draft responses to comments document will be submitted to the City for review. Revisions within the budget established for this task will be completed by BonTerra Consulting. TASK 8: PREPARE MITIGATION MONITORINGPROGRAM BonTerra Consulting will develop an appropriate mitigation monitoring program for use by the City at the time it approves the MND as required by CEQA. TASK 9: PREPARE AND FILE NOTICE OF DETERMINATION (NOD). Within five working days of approval of the proposed project by the City, BonTerra will prepare an NOD for the City to file with the County Clerk and with the State Clearinghouse. We have assumed that the necessary filing fees (e.g., County Clerk) will be paid by the City for filing of the NOD. TASK 10: MEETINGS AND CONSULTATION BonTerra will attend additional meetings related to the proposed project at the City's request within the budgeted hours established for this task. These may include, but not be limited to meetings with City staff, the community, Planning Commission, and City Council. BonTerra will be available for consultation by telephone to answer questions that may arise during the environmental documentation process. ,I Page 3 FEE ESTIMATE - BonTerra Consulting proposes to complete this scope of work based upon the attached rate schedule. These fees would not be exceeded without prior authorization from the City of Diamond Bar. Fees Task Description � Task 1: Project Initiation Meeting $ 350.00 500.00 Task 2: Site Visit Task 3: Review Information Provided by City 900.00 Task 4: Prepare Draft Initial Study Checklist 2 ,880.00 950.00 Task 5: Prepare Final Initial Study Checklist 320.00 Task 6: Mailing of; Proposed Mitigated Negative Declaration 1,440.00 Task -7,,Pre ae _Re sP onses hours} 560.00 Task 8: Prepare Mitigation Monitoring Program 320..00 Task 9: prepare�and File Notice of Determination (NOD) . 2,000.00 Task 10: Meetings and Consultation(20 hours) 550.00 Word Processing/Editing 220:00 Clerical,650.00 Graphics Labor Fees $11,640.00 Estimated Reimbursable Direct Costs Reproduction of documents(50 copies) 750..00 In-house reproduction/communication 50.000.00 15 1 Deliveries/postage 120.00 Other project expenses Reimbursable Directs fees $1,320.00 Total Proposed Fees $12,960.00 Fee Assumptions 1. Modifications to the project description and/or project assumptions will require aacope and budget augment Actual fees for reproduction and distribution of documents 2. Direct costs are based on best available information. will be provided to the City based on a finalized distribution list and number of pages per document. Page 4 1 References As requested in the RFP, three references are provided below for biological resources and mitigation monitoring work that is ongoing or completed by BonTerra Consulting. 1. Project Name: Tesoro del Valle Planned Community EIR and Mitigation Monitoring Location: Santa Clarita area Status: Ongoing Reference: Daryl Koutnik,'Ph.D. County of Los Angeles Department of Regional Planning (213) 974-6461 2. Project Name: Diamond Hills Ranch VTTM No. 52267 EIR and Mitigation Monitoring Location: City of Diamond Bar' Status: Ongoing; EIR Completed 1998 Reference: Ann Lungu City of Diamond Bar (909) 396-5676 3. Project Name: Newport Technology Center Mitigated Negative Declaration Location: City of Newport Beach Status: Ongoing; MND' in public review; approval expected December 2000 Reference: Genia Garcia City of Newport Beach (949) 644-3208 Page 5 CON' S'ULTING 2000 FEE SCHEDULE PROFESSIONAL CLASSIFICATION HOURLY BILLING RATE Principal $115-150 Biological/Environmental Manager 95-115 Senior Planner 90-110 Senior Environmental Planner 75-90 Senior Ecologist/Restoration Ecologist 75-90 GIS Specialist 70-90 Wildlife Biologist 65-75 Planner 65-75 Ecologist 60770 Environmental Planner 60-70 Graphic Artist 55-65 Administrative Assistant 55-60 Reimbursable Costs Mileage $ 0.35 per mile Copying/Reprographics cost plus 10% Delivery/Overnight Mail cost plus 10% - Other out-of-pocket expenses cost plus 10% Subconsultants cost plus 10% 151 Kalmus Drive - Suite E-200 costa Mesa, cA 92626 (714) 444-9199 (714) 444-9599 FAX THOMAS E. SMITH, JR., AICP co N S U L T I N G PRINCIPAL Master of Architecture & Urban Planning, Environmental Planning Specialty University of California, Los Angeles, 1976 Bachelor of Arts, Social Ecology University of California, Irvine, 1974 American Institute of Certified Planners (AICP) # 3783, 1979 Mr. Smith has been involved in environmental planning and impact assessment since the early 1970s. His experience includes responsible positions with public agencies as well as consulting companies. Since 1979, Mr. Smith has been a consultant to federal, state, and local agencies, and real estate developers, architecture and engineering companies, lawyers, and other private industry clients, Project specialities include large scale planned communities, water and wastewater treatment facilities, landfills, and hazardous materials site "assessments. Representative Project Experience: Currently serving as Project Director for; the preparation of an EIR for the Hughes -Fullerton Reuse Project (Amerige Heights) in the City of Fullerton. The Amerige Heights Specific Plan proposes reuse of the approximate300-acre project site with residential, commercial, light industrial and open space uses. The project involves a general plan amendment, zone change, and specific plan. The project site is located within a developed area in the eastern portion of the City of Fullerton and is surrounded primarily by residential uses. Key environmental issues being addressed include traffic, land use compatibility, aesthetics, and impacts to schools. Client: LSFII Fullerton, 1999 to present Project Director for the preparation of a mixed-use master plan, planned commercial development/planned industrial development permit programs, and Program EIR for redevelopment of an existing aerospace manufacturing facility on a 244 -acre site in the Kearny Mesa community of San Diego. The project site was a key facility in the development of the Atlas Missile and related manned space vehicles. Vernal pool and related sensitive plants and animals were located in areas proposed for development. Historical resource issues were also evaluated to determine the potential impacts of the project and the historical importance of the site and contributing facilities. Key issues evaluated in the EIR included sensitive biological resources, traffic, air quality, land` use compatibility, and historical resources. Client: General Dynamics, 1994-1997 Project Director for preparation of a specific plan and EIR for redevelopment of a 300 -acre aerospace manufacturing and maintenance facility in the City of Rancho Cucamonga. The site included developed facilities as well as adjacent open space areas that had been devoted to agricultural uses. The City's Industrial Area Specific Plan, prepared in the early 1980s, had designated the ' property and adjacent areas for industrial and fight manufacturing uses which were no longer marketable. The specific plan proposed a mixed- use project incorporating retail and business park uses, a hotel/conference facility, a Metrolink commuter train facility, and an 18 -hole golf course designed by Arnold Palmer. The EIR and specific plan were prepared on a fast track schedule, and received City Council approval within 14 months. The issues evaluated in the EIR included traffic and r circulation, hazardous materials contamination, land use compatibility, biological resources, $on7�f-q CONSULTING THOMAS E. SMITH, JR., AICD Page 2 cultural resources, air quality, hydrology and drainage, and public services and utilities. The golf course opened in January 1996 and the site is under development. Client: General Dynamics, 1993-1994 Project Director for an EIR addressing the proposed development of 2,500 dwelling units on a 1,700 acre property'in a hillside area in the greater Santa Clarita Valley area. The project site was adjacentto a County -designated significan# ecological area (SEA) intended to protect populations of a federally -listed endangered fish. Key issues addressed in the full scope EIR included biological resources/endangered species, grading, drainage from urban areas and water quality, traffic and circulation, air quality, noise, and historical resources. Community groups were actively involved in the review and comment ontheEIR, generating many written and public testimony comments for which responses were developed for use by County staff in the Final EIR. Client: Evans Collins Community Builders, 1993 -present Directed preparation of over 200` hazardous waste site assessments (Phase I & Il) for sites throughout the western U.S. with existing commercial, light industrial, and business park uses that were being refinanced and/or redeveloped'. Site reconnaissance visits, reviews of prior 50 year history' of onsite and adjacent land <usesincludin9 aerial photo 0 interpretation), database searches, and building/planning department and regulatory agency file reviews were typically provided to meet financing agency requirements. Reports were prepared to meet fast track project schedules, typically allowing only 2-3 weeks from authorization to complete the evaluation and report. Client: General Electric Capital Corporation, Community Bank, Union Bank, and various property owners, 1986-1996 Project Directorfora variety of planning and environmental documents forthe construction of new or proposed upgrading of telecommunications facilities in California. Projects included microwave antennae towers, satellite communications antenna and related buildings, and construction and/or retrofit of fiber optic cable facilities. In addition to local municipalities and counties, state, and federal agency environmental requirements were met, including those of the California Coastal Commission, California Regional Water Quality Control Boards, Department of Fish and Game, Department of Water Resources, and the U.S. Army Corps of Eng,ineers, U.S. Fish and Wildlife Service, U.S Forest Service,' and U.S. Bureau of Land Management. All work was conducted, under contract to the client's Legal Department to insure client confidentiality and conformance to applicable state and local regulations. Client: MCI Communications Corporation, 1985-1995 Project Directorforthe Puente Hills Waste Management Facilities EIRwhich addressed the Potential environmental impacts forthe horizontal and vertical expansion of the Puente Hills landfill, one of the largest municipal solid Wastelandfillsin the United States. A full scope EIR was prepared to address the following issues: geology/hydrology, biological resources, land use compatibility, truck traffic, air quality, noise, public health and safety, and water quality. An extensive community involvement program was included during the EIR preparation process to ensure that the concerns of adjacent residents were addressed in the environmental impact evaluation process. c0NSULTINc AMBERS.ONEAL ECOLOGIST Bachelor of Science, Ecology & Evolution Bachelor of Science,; Environmental Studies University of California, Santa Barbara, 1998 Ms. Oneal is an Ecologist with approximately two years of experience in environmental documentation (California Environmental Quality Act, National Environmental Policy Act, and Federal Endangered Species Act). She has performed impact analysis for many environmental resource issue areas, including biology, geology, air quality, landuse, infrastructure and visual resources,'solid waste, hazardous waste; and pollution prevention. She has now concentrated her efforts on biological resources and.has performed biological surveys, mitigation monitoring, and habitat evaluations. Ms. Oneal is familiar with the flora and fauna of Southern California, and has field experience in the areas of wildlife and botanical identification as well as vegetation mapping: She has conducted both general and directed surveys for biological resources surveys for plants and wildlife listed as sensitive of endangered under state and federal laws and regulations. Ms. Oneal has also completed coursework in the areas of environmental law, environmental impact analysis, endangered species management, experimental design, and field techniques. In addition, she has also completed a; senior p honors' hesis on the topic of habitat conservation planning. Representative Project Experience: Participated in general plant and wildlife surveys, as well as vegetation mapping of 3,000 acres of open space in the foothills of San Dimas. The purpose of the survey was to identify potential for special status biological resources,' and make recommendations for the General Plan Amendment and Zone Change Specific Plan. Client: City of San Dimas, 1999 Participated in general plant and wildlife surveys, and vegetation mapping of 470 acres of open space in the City of San Juan Capistrano. The purpose of the survey was to identify potential impacts to biological resources, and; provide mitigation measures for the Whispering Hills project, which proposed to build single family residential lots and a golf course.. Client: Concorde Development, 1999 Participated in general plant and wildlife surveys, and vegetation mapping of 159 acres of open space in the City of Yucaipa. The purpose of the survey was to identify potential impacts to biological resources, and provide mitigation "measures for the Robinson Ranch North project, which proposed to build single' family residential lots and a commercial center with `a movie theater, hotel, and several types of retail. Client: Robert Bein,'William Frost & Associates, 1999 Participated in general plant and wildlife surveys, and vegetation mapping of approximately 30 acres of open space in the City of Yucaipa. The purpose of the survey was to identify potential impacts to biological resources, and provide mitigation measures for the Washington Street Improvements protect, which proposed to widen the. existing street to a 110 -foot right-of-way and construction of a new storm drain system. Client: Robert Bein, William Frost & Associates, 1999 O/l41 AMBER S. ONEAL Page 2 C ON S U L T I N G and vegetation mapping of approximately Lead ecologist in general plant and wildlife surveys, g Lead of open space in the City of Lake Forest. The purpose of the survey was to identify the potential constraints to development due to special status biological resources for the Regency Park project, whichroposed to build a park. P ; Client: City of Lake Forest, 1999 and vegetationmapping of approximately 36 Participated in general plant and wildlife surveys, acres of located in unincorporated areas of Los Angeles and Ventura counties near he cities of Agoura'Hill s and Westlake Village,,he purpose of the survey was to identify the potential constraints to tlevelopment due to special status biological resources fon the Reyes Adobe Schools project, which proposed to build a middle school. Client: Las Virgenes School District, 1999 Participated in an oak tree surveyfor the 'Bouquet Canyon project in Los Angeles County. Efforts:included tagging each tree; and recording its size, health and aesthetic value. Client: Crouse/Beers & Associates, ,1999 Participated in annual monitoring of the Las Flores Revegetation project in arange�County. Efforts included line -intersect sampling and rating the health of container, species planted on the site. Client: Vintage Homes, 1999 Participated in Parry's tetracoccus and white coast ceanothus focused sury p eys for the Vista Palisades Estates in San Diego County. Efforts included: quadrat data collection, analysis an documentation.` Client: Capital Pacific Holdings, 1999 Participated in a southwestern pond turtle trapping efforts at Bonita Canyon Darn. Efforts included setting up traps, marking turtles caught, and recording information on their size, sex, and age.' Client: The Irvine Company, 1<999 Participated in spring surveys for special status plants for the Vista Palisades Estate s in San Diego County. Special status species included thread -leaved brodiaea, San Diego thommint, Palmer's grappling hook, decumbent goldenbush, and ashy spikemoss. Efforts included documentation of the special status species found. Client: Capital Pacific Holdings, 1999 Participated in a General Habitat Assessment forthe Quino checkerspot butterfly for the 160- acre Murrieta Hot Springs project site. Efforts included assessing qualities of the site to determine the potential for Quino, and recording the location of plantain (the butterfly's foodplant) found on the site. Client: Hewitt and McGuire, 1999 c — C 0 N S U L T I N c AMBER S, ONEAL Page 3 Participated in a General Habitat Assessment for the Quino checkerspot butterfly for six" proposed detention basins in the City of Simi Valley. Efforts included assessing qualities of the site to 'determine the potential for Quino. Documented the survey findings, and recommendations in a letter report. Client: City of Simi Valley, 1999 Participated in a General Habitat Assessment for the Quino checkerspot butterfly for a portion of the North Lake project site near Castaic-Lake. Efforts included assessing qualities of the site to: determine the potential for Quino, and recording the location of plantain found on the site. Documented the survey findings, and recommendations in a letter report. Client: North Lake, LLC, 1999 Participated in a General Habitat Assessment for the Quino checkerspot butterfly for the 460 acre Bouquet Canyon',project site. Efforts included assessing qualities of the site to determine the potential for Quino, and recording the location of plantain found on the project site. Documented the survey findings, and recommendations in a letter report. Client: Course/Beers & Associates, 1999 Participated in a General Habitat Assessment for the Quino checkerspot butterfly for two proposed school sites in the vicinity of Agoura Hills. Efforts included assessing qualities of the site to determine the potential for Quino. Documented the survey findings, and recommendations in a* letter report. Client: Las Virgenes School District, 1999 Served as the biological monitor for geotechnical investigations working on the Crown Valley Parkway Bridge project in the City of Mission Viejo. Responsibilities included insuring protection on of willow riparian habitat and Arroyo Trabuco Creek during geotechnical work. ; Client: County of Orange, 1999 Participated in general plant and wildlife surveys and vegetation mapping of Port Hueneme for the completion of an Integrated Natural Resource Management Plan. Surveys. included identification of wildlife and vegetation present on base, as well as identifying potential for special status species, such as burrowing owl. The survey will serve provide data to establish recommended ecosystem management goals. Client: Port Hueneme NCBC, 1998 Assisted in the analysis, and writing of five road repair Environmental Assessments (EAs), including the repair of Honda Ridge Road, Point Sal Road, CDT Access Road, Oak Mountain Road, and Jalama Road on Vandenberg Air Force Base. In addition, she served as project manager for the CDT Access cress .Road EA. The analyses examined the e repair of road damage caused throughout the base during the 1998 EI Nino weather event, as well as the stabilization of slopes in each project area. Client: Vandenberg AFB, 1998 I AMBER S. ONEAL corvsuiTING Page Project manager for the NASA Support Facility EA. The document analyzed .the impacts from the constructionand operation of a new office building that would- replace the existing NASA facility, which has structural as well as asbestos and lead-based paint contamination issues. Client: Vandenberg AFB, 1998 Academic Experience: Completion of a senior honors thesis on the topic of habitat conservation plans (HCPs) and endangered species management: The thesis discussed the major issues related to HCPs and ecosystem management. The thesis also included an. in-depth .analysis of two case studies, the San Bruno Mountain HCP and the Natural Communities Conservation Plan. Completion of a multiple quarter class on experimental design and field techniques in ecology. During the last quarter, Ms. Oneal designed -and completed an experiment on the foraging habits of acorn woodpeckers; She also analyzed the results, and wrote a' scientific paper describing the experiment. Completion of classes in field identification of terrestrial vertebrates and plants. Both of these classes required several hours in the lab and in the field. Several field trips were taken to view many different habitat types in the field. Exams covered both lab and field identification'skills. Served as a field assistant to,a research biologist working at Sedgewick Ranch to understand the genetic variation of oaks across their north/south range. Volunteered at the Birds of Prey Preservation Center caring for injured birds. Experience: BonTerra Consulting, Ecologist - 1999 -Present Tetra Tech, Inc, Environmental Scientist 1997-1998 Organizations: Audubon Society California Native Plant Society Association for°Environmental Professionals Southern California Botanists i a QQ CON 5 ULP�rrrv� SAMUEL C. STEWART IV .— CON ENVIRONMENTAL PLANNER Bachelor of Arts, Environmental Analysis & Design University of California at Irvine 1998 Mr. Stewart is an Environmental Planner with more than two years of experience in CEQA and NEPA analysis and document preparation. He has prepared a variety of environmental documents including EISs, EIRs, Supplemental EIRs, joint EIR/EISs, EAs, and 1S/MNDs. He has assisted in the development of a full range of environmental" studies, including noise studies; biological assessments, hydrologic analyses, and vegetation sampling. Mr. Stewart has experience with land use, urban ,public policy, recreation, socioeconomics, and cumulative impact analyses. His experience ranges from environmental i report writing and permit preparation to biological` field surveys, wetland delineation and monitoring. Representative Project Experience: Client: U.S. Army Corps of Engineers, Los Angeles District Prepared the geology, soils,`. paleontology, water resources, ,and land use sections in an Environmental Assessment for the use of lands south of the 90 Gridline by the National Training Center, Fort Irwin, CA: Client: Parsons Brinckerhoff Network Services Served as field biologist for biological resources surveys and wetland delineations and prepared environmental documentation and Section 404 and streambed alteration agreement permit applications for a nationwide fiber optic network installation project. Client: California State Lands Commission ; Developed the cumulative :irnpact scenario and section figures for the Bolsa Chica Wetlands Restoration EIS/EIR. Mr. Stewart also assisted with project permitting at the local, regional, and state level. Client:. City of Brea Prepared the public notifications, including Notice of Preparation, Notice of Completion/Notice of Availability, Response to Comments, and Notice of Determination for the Brea Superblocks I and 11 Initial Study/Negative Declaration. Mr. Stewartalso preparedthe Supplemental EIR for the,Superblock Ill amendment to the Brea Master Plan Program EIR. The Supplemental EIR presents'evidence supporting a revision to the Program EIR, revised mitigation measures and a revised Mitigation Monitoring and Reporting Plan to make the previous Program EIR conform to a changed situation regarding historical resources in downtown Brea. Client: Pacific Shores Subdivision California Water District Prepared the geology, water resources, and community services sections for the Pacific Shores Subdivision Draft EIR: The project involves preparation of an EIR as a redraft of an existing Administrative Draft EIR for a coastal development on the California/Qregon border. Client: Transit Mixed Concrete i o. /ITPG( SAMUEL C. STEWART IV C0NSULT1No - Page,2' Prepared the geology and water resources sections; and mitigation monitoring program for the Soledad Canyon Sand and Gravel Mine EIR/EIS. The project involved operation of a mine on Bureau of Land Management lands in the City of Santa.Clarita. The project involved local, regional, state and federal approvals. Client: Arrny. Corps of Engineers Performed data collection and prepared the watershed cumulative project scenario for the Upper NewportBay Environmental Restoration Project EIR/EIS. The ,EIR/EIS examined the best possible dredging and habitat restoration configuration to offset the impact of sedimentation on biodiversityand species abundance. Theproj'ect required cooperation and discussion between the Army Corps of Engineers, the California Department of Fish and Game, the U:S. Fish and Wildlife Service, the County of Orange, the City of: Newport Beach, and the National Marine Fisheries Service. Client: City of Santa Clarity Prepared the geology, water resources, visual resources, biological resources, noise, and air quality sections for the Magic Mountain ParkwayNia Princessa Extension EIR/EIS. Client: Ropes &<Gray Conducted.data collection and ;prepared regression analysis of pesticide concentrations for a major, litigation involving natural resources damage assessment of marine food chain contamination by ocean disposal of DDT and PCBs. Client: Vulcan Materials Assisted with quantitative vegetative sampling and general biological surveys, and served as acting biological monitorfor expansion activities such as geologic test drilling and trenching, and associated habitat clearing. ; Vegetative -sampling was utilized in the preparation of a revegetation pian for the 883 -acre property in northern San Diego County. Client: Los Angeles County Department of Public Works Assisted with aquatic and macroinvertebrate wildlife sampling in the .San Gabriel River. Sampling methods included seining and backpack =electrofishing.' Mr., Stewart also participated in a southwestern pond turtle ('Clemmys marmorata pallida) relocation an& long term success analysis. Turtles were trapped and/or caught by hand and moved to a relatively pristine area on the West Fork of the upper San Gabriel -River system. Repeated visits were conducted to inspect the condition, location; and general health of the relocated turtles.: Backpack radio transceiver equipment ,was used for the tracking procedures. The sampling study. was conducted to determine species diversity and abundance prior to sediment sluicing and flushing of the Cogswell, San Gabriel and Morris Reservoirs on the San Gabriel River. Turtle relocation was conducted in accordance with the EISIEIR mitigation program for the sluicing project. Experience, BonTerra Consulting, Environmental Planner, March 2000 to present Chambers Group, Inc., Environmental Analyst, 1998-2000 J O/'tJG( SAMUEL C. STEWART IV C ON S U L T ING Page 3 Organizations: Association of Environmental` Professionals - Orange County Chapter Wildlife Society - Western Section - Southern California Chapter Registrations, Certifications, and Affiliations: Department of Fish & Game Scientific Handling Permit 2000 Union Pacific Railroad `Safety Training Certification 1999 Professional Classes/Seminars: CEQA Document Preparation Seminar, UCLA Extension, 1999 Successful CEQA Compliance: Intensive two-day Seminar, UCLA Extension, 1999 Mastering NEPA: Intensive two-day Seminar, UCLA Extension; 1999 Birds of Southern California Visual Identification, 10 session course with Sylvia Gallagher, Sea & Sage Audubon, 1999 Birds of Southern California Audio Identification, 10 session course with Sylvia Gallagher, Sea & Sage Audubon, 2000 Additional Experience: Camp Cady Bird Study CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO._JL__ TO Honorable Mayor and Members of the City Council MEETING DATE December 19, 2000 REPORT DATE:, December 14, 2000 FROM: James DeStefano, Interim City Manager TITLE: Resolution No. 89-75A, A Resolution of the City Council of the City of Diamond Bar amending animal control, shelter and licensing fees. SUMMARY: At its November 7, 2000 meeting, the City Council of the City of Diamond Bar approved the FY 00-01 contract for animal control services through Inland Valley Humane Society (IVHS). The motion included setting a public hearing to adopt a resolution amending animal control, shelter and licensing fees as recommended by IVHS. Proper notice was published pursuant to Government Code 66018. There have been no increases to the fee schedule since incorporation. By adopting Resolution No. 89-75A, IHVS agreed to keep the agreement at its current rate ($65;244) for FY 00-01. Without the adoption of the fee schedule, there would be an increase of $7,247 to the FY 00-01 agreement. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar open the public hearing, receive testimony and adopt Resolution No. 89-75A to amend animal control, shelter and licensing fees. SUBMITTALCHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed x Yes _ No by the City Attorney? 2. Does the report require a majority vote? x Yes _ No S. Has environmental impact been assessed? NA —Yes —No 4. Has the report been reviewed by a Commission? NA Yes _ No 5. Are other departments affected, by the report? NA _ Yes _ No Report discussed with the following affected departments: EXTERNAL DISTRIBUTION: William C. Harford, Executive Director IVHS R LE1N Y: _ p J es Dest fano David A. Doyle Interim City ganager Deputy City Manager 'Z,� a_. Teresa Arevalo Senior Administrative Assistant AGENDA NO. CITY COUNCIL REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Resolution No. 89-75A amending animal control, shelter and licensing fees. ISSUE STATEMENT Should the City Council amend the animalcontrol, shelter and licensing fees as recommended by the Inland Valley Humane Society (IVHS)? RECOMMENDATION It is recommended that the City Council of the City of Diamond Bar open the public hearing, receive testimony and adopt Resolution No. 89-75A amending animal control, shelter and licensing fees. FINANCIAL SUMMARY Revenues collected for animal control, shelter and licensing fees are collected directly by [VHS. The revenue helps to offset the total program cost for service provided to the City of Diamond Bar. For FY 00-01 the program cost is estimated to be $155,486 and revenue based on the proposed fee schedule is expected to be $90,242. The difference, $65,244 is the pass through fee charged to the City. Since this amount was budgeted for FY 00-01, no additional funding is needed. BACKGROUND At its November 7, 2000 meeting, the City Council of the City of Diamond Bar' approved the FY 00-01 contract for animal control services through IVHS. The motion included setting a public hearing to adopt a resolution amending animal control, shelter and licensing fees as recommended by IVHS. Pursuant to Government Code 66018, proper notice was published. If the City adopts Resolution No. 89-75A, IHVS has agreed to keep the agreement at the current rate $65,244 for FY 00-01. If Resolution No. 89-75A is not adopted, there would be an increase of $7,247 to the FY 00-01 agreement. IVHS Staff Report Page 2 IVHS requested the adoption of the fee schedule for several reasons. The fee schedule currently in place has not had an increase since incorporation. The proposed fee schedule will assist in offsetting costs particularly those relating to the impact of SB 1785 (Hayden Bill). In addition, IVHS desires to have all nine of their'contract cities adopt the same fee schedule by the end of this fiscal year. According to IVHS, all except two of their contract cities including Diamond Bar have adopted the proposed fee schedule. Although the proposed fee schedule will result in increases to dog licensing, food and care, and miscellaneous fees, a significant number of the fees, including all impound fees will remain the same. During non -canvassing years, these increases will have a minimal impact to most revenue types. During canvassing years the greatest impact will be to revenues for Late Application Fees and Licenses. Although there is potential for an increase in revenue, a five-year comparison below shows that there are overages and shortages that offset each other. FIVE-YEAR PROGRAM COST COMPARISON CY NCY CY NCY CY NCY FY 95-96 FY 96-97 FY 97-98 FY 98=99 FY 99-00 FY 00-0.1 Budgeted Cost $144,510 $153,353 $1.95,108 $138,343 $176,519 $155,486 Revenue 72,969 69,267 135,598 73,488 123,495 90,242 City Cost 59.510 59.510 59.510 62.026 65.244 65,244 (shortage)/overage (12,031) (24,576) 50,707 (552) 12,220 0 CY denotes Canvassing Year - IVHS Officers canvass the city door-to-door to collect license fees; this is conducted every other year. NCY denotes Non Canvassing Year — The current FY is a non -canvassing year. FY 00-01 is based on estimates using new fee schedule; all other FY's are actual. Since the current fiscal year is a non -canvassing year, the actual impact of the fee schedule will not be realized until FY 01-02 a canvassing year. In prior discussions with IVHS it is anticipated that the adoption of the new fee schedule will help offset any future increases or keep any anticipated contract increases to a minimum. Staff will evaluate the impact of the fee schedule prior to the expiration of the current agreement. IVHS Staff Report Page 3 Exhibit "A" of Resolution No.89-75A contains,a comprehensive list of dog license, impound, food & care, and other fees. Listed below are only those fees that are affected by the proposed fee schedule. SUMMARY OF FEES AFFECTED BY NEIN FEE SCHEDULE Dog License Fees Current Proposed Unaltered - 1 Year 20;00 25,00 Unaltered — 2 Year 40.00 50.00 Senior Citizen Unaltered— 1 Year 20,00 25.00 Senior Citizen Unaltered- 2 Year 40.00 50.00 Late Application Fee for New Dog 10.00 25.00 License 10.00 25.00 LateRenewal of Dog License Food & Care 4.00 7.00 Dog 3.00 7.00 Cat 3.50 10.00 Biter Animals (dogs/cats) 2.00 5.00 Small Animals 4;00 7.00' Medium Animals 5.00 10.00 Large Animals Other Fees Owner Release Fee 10.00 20.00 Per Animal 15.00 25.00 Per Litter 20.00 30.00 Per on Site Pick-up — live animal Adoption of Resolution No. 89-75A will become effective immediately. If Resolution No. 89-75A is adopted,: City staff and IVHS will notify the community of the new fee schedule through press releases and other means of public outreach. Attachments: *Current & Proposed Fee Schedule *Resolution No. 89-75A *Notice of Public Hearing Prepared by: Teresa Arevalo, Senior Administrative Assistant Current & Proposed Schedule of Fees Inland Valley Humane Society & S.P.C.A. City of Diamond Bar Cat 3.00 Dog License Fees Current Proposed Unaltered - 1 Year 20.00 25.00 Unaltered - 2 Year 40.00 50.00 Altered -----1 Year 10.00 no change Altered -----2 Year 20.00 no change Senior Citizen Unaltered - 1 Year 20.00 25.00 Senior Citizen Unaltered - 2 Year 40.00 50.00' Senior Citizen Altered - 1Year 5.00 no change Senior Citizen Altered - 2 Year 10.00 no change Late Application Fee for New Dog License 10.00 25.00 Late Renewal of Dog License 10.00 25.00 Impound Fees 30.00 Fee for service - Carcass removal - owners Dog - Ist Offense 20.00 no change - 2nd Offense 40.00 no change - 3rd Offense 60.00 no change Cat 5.00 no change Small Animals - i.e. Rabbits, Chickens, Ducks, Turtles 5.00 no change Medium Animals -i.e. Goats, Sheep, Calves, 15.00 no change Large Animals - i.e. Horses, Ponies, Donkeys, Cows, Pigs 25.00 no change (trailer needed) Food & Care per day Dog 4.00 7.00 Cat 3.00 7.00 Biter Animals (dogs/cats) 3.50 10.00 Small Animals 2.00 5.00 Medium Animals 4.00 7.00 Large Animals 5.00 10.00 • all biter animals quarantined at the shelter: food and care charged at a higher rate. Other Fees Trailer Fee 25.00 no change Service Fee on LargeAnimals requiring extra manpower 50.00 no change Special Animal Permit 50.00 no change Owner Release Fee - Per Animal 10.00 20.00 - Per Litter 15.00 25_00 - Per on Site Pick-up -',live animal 20.00 30.00 Fee for service - Carcass removal - owners 20.00 no change Justification: Extended period of time an owner's animal must be held at the shelter as per SB 1785 Hayden Bill - (three days) RESOLUTION NO. 89-75A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ANIMAL CONTROL, SHELTER AND LICENSING FEES. A. Recitals. (i.) The City Council contracts with the Inland Valley Humane Society and S.P.C.A'. for the provision of animal control services, including licensing of animals and impounding of animals picked up by the Humane Society pursuant to the provisions of Title 10 of the Los Angeles County Code. (ii.)This City Council desires to establish certain fees and charges for licensing, impounding, food and care fees'and related fees for animal control services. (iii.) This City Council has conducted and concluded a duly noticed public hearing as required by law with respect to the establishment of the fees set forth herein. The feesestablished hereby, based upon the information provided to this City Council, reflect the anticipated reasonable cost of providing the services specified. (iv.) All legal prerequisites to the adoption of this resolution have occurred. B. Resolution. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows. 1, In all respects, as set forth in the Recitals, Part A, of this Resolution. Z The fees and charges for license fees, impound fees, food and care fees and related fees pertaining to trailer fees, special animal permits and service fees for large animals requiring extra manpower shall be amended as set forth in Exhibit "A" attached hereto and by this reference made a part hereof. 3. All other fees not modified herein and set forth in Title 10 of the Los Angeles County Code, as heretofore adopted by this City Council, shall remain as set forth in said Title 10 unless and until modified by resolution of this City Council. 4. Resolution No. 89-75 is hereby repealedin its entirety. 5. The City Clerk shall certify to the adoption of this Resolution. ADOPTED AND APPROVED this day of ;2000. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was introduced at a,regular meeting of the City Council of the City of Diamond Bar held on the day of 2000 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar on the day of 2000 by the following vote: Ayes: Noes: Absent Abstain Attest: City Clerk of the City of Diamond Bar 2 Exhibit A Inland Valley Humane Society & S.P.C.A. City of Diamond Bar Fee Schedule Dog License Fees Fee Unaltered - 1 Year 25.00 Unaltered - 2 Year 50.00 Altered -----1 Year 10.00 Altered -----2 Year 20.00 Senior Citizen Unaltered - 1 Year 25.00 Senior Citizen Unaltered- 2 Year 50.00 Senior Citizen Altered - 1Year 5.00 Senior Citizen Altered - 2 Year 10.00 Late Application Fee for New Dog License 25.00 Late Renewal of Dog License 25.00 Impound Fees Dog - 1st Offense 20.00 - 2nd Offense 40.00 - 3rd Offense 60.00 Cat 5.00' Small Animals - i.e. Rabbits, Chickens, mucks, Turtles 5.00 Medium Animals -i.e. Goats, Sheep, Calves, 15.00 Large Animals - i.e. Horses, Ponies, Donkeys, Cows, Pigs 25.00 (trailer needed) Food &Care per day Dog 7.00 Cat 7.00 Biter Animals (dogs/cats) 10.00 Small Animals 5.00 Medium Animals 7.00 Large Animals 10.00 • all biter animals quarantined at the shelter: food and care charged at a higher rate. Other Fees Trailer Fee 25.00 Service Fee on LargeAnimals requiring extra manpower 50.00 Special Animal Permit 50.00 Owner Release Fee - Per Animal 20.00 _ Per Litter 25.00 - Per on Site Pick-up - live animal 30.00 Fee for service - Carcass removal - owners 20.00 Justification: Extended period of timeanowner's animal must be held at the shelter as per SB 1785 Hayden Bill - (three days) PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles I, TERRY BRONSON, do hereby, declare that I am a citizen of the United States; 1 am over the age of eighteen years, and not a party to or interested in the below -entitled matter. I am the Legal Advertising Clerk of the Inland Valley:Dailyl Bulletin (formerly the Progress Bulletin) A newspaper of general circulation, published daily in the City of Pomona, County of Los Angeles, Stater of California, and which has been adjudged a newspaper of general circulation b the Superior Court of the County of Los Angeles, State of y p `r 9 NOTICE OF PUBLIC HEARING California, under the date of June 15, 1845, Decree No. Pomo- NO-TICE Is HEREBY C-606; that the notice, of which the annexed is a p rinted co py Diamond DamondN the that of Bar that a in type not smaller than nonpareil), has been published in ' ' will be(set held by the _City each regular and entire issue of said newspaper and not in gDecember Council on Tuesday, an supplement thereof on the following'dates, to wit: y pp 19 2000, at 7.00 p.m., or as soon thereafter the as bI in then AQMD Auditorium- 21865 E. - :Copley`Drive, Diamond Bar, California, pursuant to California Government Code Stolon 66018, for � i the purpose of adopting; an animal control, r shelter . and license fee resolution as recommended by the Inland -valley I declare under penalty of perjury that the foregoing is true` Humane society and and correct. S. C A P. . . _ ALL INTERESTED PERSONS are invited' to attend the:hearins and express', opinions /1 ��M ? /) a. �l �`� on'the matter outlined above. Datedd t `� T H E - R INFORMATION mdy '.be Obtained by calling the City'Clerk's Offlce (909) 860-2489. /s/LVnda Bur9ess,� City Clerk flub: December 9, 2000 Signature -1 , #93128 v TO: Honorable Mayor and Members of the City Council MEETING DATE: December 19, 2000 REPORT DATE: December 14, 2000 FROM: James.DeStefano, Interim City Manager TITLE: Introduction of the General Plan AmendmentNo. 2000-01 for the 2000 to 2005 Housing Element SUMMARY: The Housing Element of the General Plan is a comprehensive assessment of current and projected housing needs for all segments of the community and all economic groups. In addition, it embodies policy for providing adequate housing and includes action programs for this purpose. State Government Code Section 65588 (b)(5) requires that the Housing Element of the General Plan be updated every five years. Diamond Bar is proposing to amend the current General Plan Housing Element for the 2000-2005 time period. This proposal would revise the 1995 Housing Element in conformance with current State of California requirements. RECOMMENDATION: That the City Council open the public hearing, receive a presentation from the City Consultant, receive public testimony, and continue the item to January 16, 2001. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution(s) —Bid Specification (on file in City Clerk's office) _ Ordinance(s) X Other: draft 2000-2005 Housing Element Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been N/A _Yes _ No reviewed by the City Attorney? 2. Does the report require a majority vote? Majority Yes _ No 3. Has environmental impact been assessed? X Yes _ No 4. Has the report been reviewed by a Commission? X Yes _ No Which Commission? Planning Commission 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: REVIEWED Y: JaUs DeStefan Linda Kay Smit Interim City M ager Development Services Assistant CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 19, 2000 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Introduction of the General Plan Amendment No. 2000-01 for the 2000 to 2005 Housing Element ISSUE STATEMENT: State Government Code Section 65588 (b)(5) requires that the Housing Element of the General Plan be updated every five years. Diamond Bar is proposing to amend the current General Plan Housing Element for the 2000-2005 time period. This proposal would revise the 1995 Housing Element in conformance with current State of California, requirements. RECOMMENDATION: That the City Council open the public hearing, receive a presentation from the City Consultant, receive public testimony, and continue the item to January16, 2001. BACKGROUND: The housing element is a comprehensive assessment of current and projected housing needs for all segments of the community and all economic groups. In addition, it embodies policy for providing adequate housing and includes action programs for this purpose. State Government Code Section 65588 (b)(5) requires that the Housing Element of the General Plan be updated every five years. Over the last several years, however, time extensions have been granted by the State to local governments for completion of updates. The most recent deadline was extended to December 31, 2000 (Assembly Bill 1744). Diamond Bar is proposing to amend the current General Plan Housing Element for the 2000-2005 time period. This proposal would revise the 1995 Housing Element in conformance with current State of California requirements. California Government Code Sections 65353 and 65354 require that prior to the adoption' of any proposed amendment to the General Plan, the Planning Commission needs to first review, approve, and recommend to the City Council the adoption of any such proposed amendment. The Planning Commission did this on November 28, 2000 per Resolution No. 2000-26 attached. 1 Housing Goals per the State Legislature Government Code Section 65580. The Legislature finds and declares, as follows: 1. The availability of housing is of vital statewide importance, and the early attainment of decent housing and a suitable living environment for every Californian, including farmworkers, is a priority of the highest order; 2. The early attainment -of this goal requires the cooperative participation of government and the private sector in an effort to expand housing opportunities and accommodate the housing needs of Californians of all economic levels; 3. The provision of housing affordable to low- and moderate -income households requires the cooperation of all levels of government; 4. Local and state governments have a responsibility to use the powers vested in them to facilitate the improvement and development of housing to make adequate provision, for the housing needs of all economic segments of the community; and 5. The Legislature recognizes that in carrying out this responsibility, each local government also has the responsibility to consider economic, environmental, and fiscal factors and community goals set forth in the general plan and to cooperate with other local governments and the state in addressing regional housing needs. Government Code Section 65581. It is the intent of the Legislature in enacting this article: 1. To assure that counties and cities recognize their responsibilities in contributing to the attainment of the state housing goal; 2. To assure that counties and cities will prepare and implement housing elements which, along with federal and state programs, will move toward attainment of the state housing goal; 3. To recognize that each'locality is best capable of determining what efforts are required by it to contribute to the attainment of the state housing goal, provided such a determination is compatible with the state housing goal and regional housing needs; and 4. To ensure that each local government cooperates with other local governments in order to address regional housing needs. Requirements for the Housing Element Update The components of a comprehensive Housing Element update include an update of population, household, and housing market information, meetings for public input, and the formation of a Housing Element for the period 2000-2005. The comprised Draft 2000-2005 Housing Element was forwarded to the Department of Housing and Community Development (HCD) for their review and approval. The process of preparing the Draft 2000-2005 Housing Element took existing data (the housing element) and included new data and public input to determine the City's housing needs and strategies to address those needs. 2 Regional Housing Needs Assessment (RHNA) The Southern California Association of Governments (SCAG) is the agency responsible for assigning the fair share target to each jurisdiction in the 300 -cities southern California region of the . San Gabriel Valley Council of Governments (SGVCOG) for the construction needs or RHNA. The RHNA identifies the number of dwelling units that would have to be added in each jurisdictiontoaccommodate the State forecasted growth between January 1998 and June 2005. These housing units should be comprised of all income groups. According to SCAG, Diamond Bar has a regional housing growth need of 144 new units. Housing units built in Diamond Bar since 1998 can be subtracted from the City's RHNA. Since January 1998, a total of 153 housing units have been developed in the City. All of these have been custom homes selling for $500,000 or more and would therefore count only as "above moderate income" units. The 1998-2005 RHNA had called for 23 very low-income units, 17 low-income units, 27 moderate -income units and 76 units for household above moderate income. Thus, Diamond Bar has a.remaining need of 67 units within very low, low and moderate -income categories. The Draft Housing Element - Section 4, Housing Resources, page 4-3, discusses the zoning and available land resources for the target number of homes. Data Research Data research included the 1990 Census, information provided from Southern California Association of Governments (SCAG), Department of Finance; and the -Employment Development Department for demographic and household information such as: • Current population and population growth trends; • Characteristics of the population including age distribution, race/ethnicity, and gender; • Household characteristics including number of households, household size, overcrowding, family and female -headed households, and level of payment compared to ability to pay; • Household income for the City in comparison to the region, income differences by census tract, persons living in poverty by subgroup, i.e., female -headed households, elderly, children. Interviews were conducted with service providers for information to gain insight on particular unmet needs of Diamond Bar populations on special housing needs groups: the disabled, elderly, large families, female -headed households and the homeless. Current market data was complied from a variety of sources, including: Department of Finance, Construction Industry Research Board, Data Quick Real Estate Market 3 i Information Services, local Board of Realtors and Apartment Owners Association, and advertised rentals listed in local newspapers and the Los Angeles County Times., Additional information on the location and extent of housing deterioration in the City was derived from City code enforcement staff. The inventory of the location and potential development capacity of vacant land in the City suitable for new -residential development during this 2000 -2005 -planning period was evaluated for residential growth potential. The Table 11-4 and the Housing Opportunities Areas II -1 exhibit in the 1995 Housing Element were replaced with updated data on revised pages 4-1 and 4-2. Public Input On July 11, 2000, the Planning Commission, held a study session: City of Diamond Bar, 2000-2005 Housing Element. Additionally, all drafts and revisions of the Draft 2000- 2005 Housing Element were distributed to sites within Diamond Bar for review and comment. These included the two mobile home parks,, Season's Apartments, the Diamond Bar Library and City Hall In addition to the required legal advertisements, display ads were published in the November 9t issue of the Windmill, and in the November l la` issue of the Diamond Bar' weekly. A copy of the flyer/display ad is attached. The City Council meeting was duly advertised consistent with the above for the Planning Commission meeting. Housing Plan The Goals and Policies of the Draft 2000-2005 Housing Element, page 5-3, are based on the culmination of data research, housing resources, RHNA and public input as noted above. The five goals are: 1. Consistent with the Vision Statement, preserve and conserve the existing housing stock and maintain property values and residents' Quality of Life; 2. Consistent with the Vision Statement, provide opportunities for development of suitable housing to meet the diverse needs of existing and future residents; 3. Provide adequate sites through appropriate land use and zoning designations to accommodate future housing growth; 4. Mitigate potential governmental constraints which may hinder or discourage housing development in Diamond Bar; 5. Consistent with the Vision Statement, encourage equal and fair housing opportunities for all economic segments of the community: The goals and policies are the basis for the five areas of the Housing Programs (page 5-6) and include such programs as discussed on subsequent pages. These include: 4 •" Conserving the existing supply of affordable housing; 1. Residential Code Enforcement Program 2. Minor Home Repair Program ("Paint the Town") 3. Single Family Rehabilitation Program 4. Section 8 Rental Assistance Program 5. Preservation of Assisted. Housing 6. Mobilehome Park Preservation • Assisting in the provision of housing; 7. First -Time Homebuyer Assistance Programs 8. Senior Housing Development • Providing adequate sites to achieve a variety and diversity of housing; 9. Land Use Element (RHNA and Inventory) 10. Mixed Use Development 11. Second Units • Removing governmental constraints as necessary; and 12. Affordable Housing Incentives/Density Bonus 13. Efficient Project Processing • Promoting equal housing opportunity. 14. Fair Housing Program" PLANNING COMMISSION REVIEW: The Planning Commission reviewed and approved the November draft version of the 2000-2005 Housing Element on November 28, 2000 per Resolution No. 2000-26. The 'Planning Commission's revisions from the original working document appear' highlighted on the following pages, and the suggested revisionsfrom the City Attorney are underlined in the attached draft version: • Introduction, pages 1-4 and 1-5. • Housing Needs Assessment, pages 2-4 2-5, and 2-19. Additionally, the City Attorney recommended changes underlined on page 2-26. • Housing Constraints, pages 3-8, 3.10, 3-11, and 3-19. Additionally, the City Attorney _recommended changes 'underlined on page 3-8, and the definition underlined on 3-19. • Housing Resources, pages 4-1, 4-2, 4-3, 4-4, and 4-9. Additionally, the City Attorney recommended the added sentence on page 4-3 regarding environmental constraints on higher density multifamily residential sites. • Housing Plan, pages 5-4, 5.5, 5-10, 5-11, 5-12, 5-13, 5-14, and 5-15. Additionally, the City Attorney recommended the added wording and policy for establishing a second senior facility in the City of Diamond Bar on page 5-10, additional statements 5 were added regarding the Land Use Element and development of vacant Medium High Density (RMU) and High Density (RH) on page 5-11, .added statements regarding affordable housing developments with a reduction in the required number of parking spaces and objectives and a date when the handout will be distributed on page 5-13, and a statement regarding Fair Housing information availability was added on page 5-14. Environmental Assessment: Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State CEQA guidelines, California Code of Regulations, Title 14, Article 11, Section 15168(c)(2) and 15162, the City has determined that this project is consistent with the previously certified General Plan Environmental Impact Report and Addendum certified July 25, 1995. In October, 2000, Cotton/Beland Associates prepared a study demonstrating that no new environmental effects could occur and no new mitigation measures would be required by the 2000-2005 Housing Element.. The October, 2000, Cotton/Beland Associates study is incorporated herein as if set out in full and attached hereto as Exhibit "A." CONCLUSION: The attached draft of the 2000-2005 Housing Element is presented for your review and consideration. However, this is a large amount of material being presented including: comments from the Planning Commission; City Attorney; and an anticipated comment letter from the HCD on the Planning Commission version that should be a part of the City Council's consideration. Therefore, it is recommended that the City Council open the public hearing, receive a presentation from the City Consultant, receive public testimony, and continue the item to January 16, 2001. Prepared by: James DeStefano, Interim City Manager Linda Kay Smith, Development Services Assistant ATTACHMENTS: 1. December Draft 2000-2005 Housing Element (without Exhibits); 2. Approved Draft Planning Commission Resolution No. 2000-26; 3. Letter from Department of Housing and Community Development dated November 3, 2000; 4. Flyer distributed with Draft 2000-2005 Housing Element to public sites. 6 1 ATTACHMENT "T' DRAFT 2000-2005 HOUSING ELEMENT, GPA No. 2000-01 PLANNING COMMISSION DECEMBER 19, 2000 RESOLUTION NO. 2000-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL' OF THE CITY OF DIAMOND BAR ADOPT THE GENERAL PLAN AMENDMENT NO. 00-01, DRAFT 2000-2005 HOUSING ELEMENT, FOR THE GENERAL PLAN OF THE CITY OF DIAMOND BAR A. RECITALS. I. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. 2. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision' for its future. 3. Pursuant to the requirements of Government Code Section 65588(a), the City of it f he General Plan of the C he Housing Element o t reviewed t Diamond Bar has g Y and has determined that it is appropriate to revise that Element to reflect the results of this review. 4. The City prepared a draft revised Housing Element for the period of 2000-2005 and submitted it to the estate Department of Housing and Community Development ("HCD") for review on September 21, 2000, pursuant to Government Code Section 65585(b). The City in ,the form of a letter dated November 3, 2000, received HCD's comments on the draft. 5. Pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA"), the State CEQA guidelines, California Code of Regulations,' Title 14, Article 111, Section 151680)(2) and 15162, the City has determined that this project is consistent with the previously certified General Plan Environmental Impact Report'an' Addendum certified July 25, 1995. In October 2000, Cotton/Beland/Associates prepared a i.stdy demonstrating that no new environmental effects could' occur an no new I mitigation measures would be required by the 200072005 klousing' Element. The October 2000, Cotton/Beland/Associates study is incorporated herein as if set out in full and attached hereto as Exhibit "A." Code Section 65090 and 65353 notification of the public 6. Pursuant to Government C hearing for this project was published in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on October' 26, '2000, in a one eighth page legal advertisement. Also, three other public places were posted. 7. The Planning Commission conducted a duly noticed public hearing with regard to the General Plan Amendment No. 00-01, Draft 2000! 2005 Housing Element, at 1 ', which time public comments were received by the Commission. The public hearing was opened on November 14, 2000, and concluded on November 28, 2000. 8. The Planning Commission, considered, individually and collectively, the revised Housing Element, and after due consideration of public testimony, staff analysis, and the Commission's` deliberations, the Planning Commission has determined that the General Plan Amendment No. 00-01, Draft 2000-2005 Housing Element, attached hereto as Exhibit `B" and incorporated by reference into this Resolution, implements the goals and the needs in terms of the type of housing envisioned by the City's General Plan. 9. On November 28, 2000, the Planning Commission recommended that the City Council adopt General Plan Amendment No. 00-01, Draft 2000-2005 Housing Element, attached hereto as Exhibit `B." B. RESOLUTION. NOW, THEREFORE, it is hereby found, determined and resolved by the Planning Commission of the City of Diamond Bar, as follows; 1. The 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 specifically finds and determines that, having considered the record as a whole, there is no evidence before this Planning Commission that the General Plan Amendment No. 00-01, Draft 2000-2005 Housing Element, proposed herein will have the potential of an adverse effect on wildlife 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 CaliforniaCode of Regulations. 3. The Planning Commission has reviewed the Housing Element Guidelines adopted by the HCD pursuant to Section 50459 of the Health and Safety Code and the findings contained in HCD's comment letter of November 3, 2000, and has revised the draft in response to those comments. 4. The revised Draft 2000-2005 Housing Element is in full compliance with the requirements of Government Code Sections 65580 -65589.8. 5. The revised Draft 2000-2005 Housing Element is consistent with the other elements of the General Plan because the revised Housing Element uses the land use designations of the Land Use Element and those designations in turn are reflective of, and consistent with, the policies and provisions of the remaining elements of the General Plana 2 6. The housing goals, objectives, and policies stated in the revised Draft 2000-2005 Housing Element are appropriate for the City of Diamond Bar and will contribute to the attainment of the state housing goal. 7. The 'adoption of the revised Draft 2000-2005 Housing Element will aid the City's efforts to assist in the development of housing for all members of the community. 8. For the foregoing reasons, the adoption of the revised Draft 2000-2005 Housing Element is in the public interest. 9. The Planning Commission hereby recommends that the City Council adopt the General Plan Amendment No. 00-01 Draft 2000-2005 Housing Element, for the City of Diamond Bar attached hereto as Exhibit "B" and incorporated herein by reference. The Secretary of the Planning Commission shall: (a) Certify as to the adoption of this Resolution; and (b) Transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. PASSED, APPROVED AND ADOPTED THIS 28th DAY OF NOVEMBER 2000, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: Steve Nelson, Chairman 1,James DeStefano, Secretary of the Planning 'Commission of the City of Diamond Bar, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 28th day of November; 2000, by the following vote: AYES: COMMISSIONERS: Kuo, Ruzicka, Tye, VCMrbes, Chair/Nelson NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAINED: COMMISSIONERS: ATTEST: James De5tefano, Secretary Version Revised 11-28-00 3 STATE, OF Al 1FORNIA BU'INFSS 't'R ANSPORTATIQN AND HOUSING Ac N 1".. x:,. �>=�-- L.�:•:... DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT .�D,N1;1NG Division of Housing Policy Development 1900 Third Street, Suite 430 3 ; z P. O Box 952053 Sacramento CA 94252.2053 ATTACHMENT "Y 3e www hcd ca.aov�`` (916) 323-3176 FAX. (916)327-2643 DRAFT 2000-2005 HOUSING ELEMENT, Y DFS GPA No. 2000-01 DECEMBER 19, 2000 November 3, 2000 -- --- -- - .— Mr. Jim DeStefano Acting City Manager and Community Development Director City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765-3117 Dear ivlr. DeStefano; RE: Review of Diamond Bar's Draft Housing Element Amendment Thank you for submitting Diamond Bar's draft housing element, receivedSeptember 21, 2000. for our review. As you know, we are required to review draft housing element amendments and report our findings to the locality pursuant to Government Code Section 65583(b). A telephone conversation with Daren Warner of Cotton/Beland Associates, the Ci!ty's consultant, assisted our review. This letter and Appendix summarize the conclusions of that discussion and our review. I The Ci is to be commended for facilitating the refinancing: , and reservation of the 149 units City g g P senior rental housing complex in 1999. Although the draft element (describes some of the unique housing conditions in the City, the element requires revision to adequately, address the statutory requirements of housing element law (Article 10.6 of the Government Code.) In particular, the element should include more quantified program actions with specific timelines. And expand the analysis of governmental constraints. The Appendix to this letter outlines the revisions needed to bring the draft element into compliance. For your information, we :have enclosed a brief description of'new and existing housing and community development programs administered by this Department along with finding levels for the current fiscal year. We are pleased to report a historic increase in housing funds available through' HCD. A number of the programs such as the Jobs-Housing Balance Improvement Program, the CalHome Program and the Downtown Rebound Program, are new and under current development. Please consult our homepage at www hcd c'a.goy'i for program information updates. We thank Karen Warner for her cooperation during our rjeview. !If you require additional assistance or have any questions, please contact Margaret Murphy, of our staff,, at (916) 445 5888. We would be glad to visit the City to provide technical assistance ;to facilitate the City's efforts to comply with the law. In accordance with the Public Records Act a copy of this letter has been f g orwarded to the individuals and organizations listed below.' r Mr. Jim DeStefano Page 2 Sincerely, Cathy Xreswell Acting Deputy Director Enclosure cc: Clement Lau, Cotton/Beland/Associates Catherine'Ysrael, Supervising Deputy Attorney General Terry Roberts, Governor's Office of Planning and Research Juan Acosta, California Duilding Industry :Association Marcia Salkin, California Association of Realtors Marc Brown, California Rural Legal Assistance Foundation Rob Weiner, California Coalition for Rural' Housing Susan DeSantis, The Planning Center Dara Schur, Western Center on Law and Poverty Michael G. Colantuono, Attorney at Law Jose Rodriguez, California Rural Assistance David Booher, California Housing Council` Jonathan Lehrer-Graiwer, Attorney at Law Ana Maria Whitaker, California State University, Pomona Joe Carreras, South California Association of Governments Dwight Hanson, California Building Industry Association Kerry Harrington Morrison, CA Association of Realtors Marguerite Battersby, Brunick'& Pyle Minh Tran, Inland Counties Legal Services ' 2' APPENDI City of Diamond Bar The following changes would bring Diamond Bar's housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change we cite the supporting section of the Government Code. The, particular program examples or data sources provided are suggestions for your use. A. Housing Needs, Resources, and Constraints'` - 1. Include an analysis and documentation of housing characteristics including housing stock condition (Section 65583(a)(2)). The City's Code Enforcement Office has identified four neighborhoods targeted for rehabilitation assistance but the element should also include an estirrate of the number of substandard units needing rehabilitation and replacement. 2. Include an inventory of land suitable for residential development, including an analysis of the relationship of zoning and public facilities and services to these sites (Section 65583(a)(3)). a) Table 31 -Residential Development Potential under Housing Resources, Availability of Sites For Housing, describes the residential land districts, but should also identify the zoning` categories, density ranges, and the availability of services and facilities (infrastructure). Regarding moderate income households, the element should demonstrate the ability to mmet the regional housing need for this group given that there is no vacant land zoned at 5, 12, or 16 DLT/ac. b) The inventory identifies 13.5 acres of vacant land designated High Density for residential development at 20 DU/ac. The element should include more information about the City's methodology for determining the adequacy of the high density zone in accommodating the City's share of the regional housing need for lower-income and moderate -income households. According to Figure 11, Housing Opportunity Areas, this vacant land consists of four scattered sites with an aggregate potential of 270 units. Table 31 should identify each of these sites by acreage. A realistic assessment of the development potential of each of these sites, including mitigation of traffic congestion impacts or environmental constraints, ;during the current planning period should also be described. Given the limited amount of land zoned for High Density multifamily, the City should consider limiting use of this zone for single family use. - c) The land inventory should more thoroughly describe the status of Tres Hermanos (PA -1) and the Specific Plan Overlay (page '5-10) including the current zoning, allowable densities, and intended mix of land uses. Specifically, how many multifamily units would be included 'Within the proposed total 144 residential units on this site? Given' that Tres Hermanos lacks infrastructure, what is'the realistic potential of its development within the planning period. _2 3. Analyze potential and actual governmental constraints upon the maintenarsce,-insprovensest. and development of housing for all income levels, including land-use controls and local processing and permit procedures. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality! frons meeting ;its share of the regional housing need in accordance with Section 65584 (Section 65583(a)(4)). a) Table 27 on page 3-8 describes parking requirements of two spaces in a garage for each multifamily unit, plus .05 additional spaces for each bedroom over 2, plus guest parking at the ratio of 1 space for each 4 required parking spaces. This requirement should be analyzed as a governmental constraint on the development of multifamily housing. If necessary, based on this analysis, a program should be developed to mitigate this constraint. Additionally; the element should describe the reduced parking requirements for studio; second units, senior and congregate care facilities. b) .The element should specifically explain: and analyze the impact of the *ninor conditional use permit process and required public hearing for second dwelling units. c) The element discusses fees pertaining to processing development applications but should also include an analysis of the costs associated with new' development, specifically impact fees. d) The element should include a description of on-and-off site improvement requirements beyond "dedication and/or improvement of streets and drainage channel for new development.,, B. Housing Programs 1. Include a program which sets forth a five-year schedule of actions the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land-use and development controls, provision of regulatory concessions and incentives, and the utilization of appropriate federal and state financing and subsidy programs when available. Describe the amount and uses of moneys in the redevelopment agency's Low and Moderate income Housing Fund, (Section 65583(c)): Most of the housing programs require quantification and more specific information about the City's role and commitment to implementation. For example, definitive timelines for implementation of program actions is required. Examples of the programs that require revision to address the statutory requirements include but are not limited to the following: Program 10. Quantify the objective ,and provide a timeline for the Mixed Use program within PA-1 and PA-2 Describe the relationship between the City and the Conservation Authority. See 2 (d). Pram 11: Revise this program to include the specific actions the City, will take to encourage and facilitate development of second units and a timeline for achieving this objective. Regarding the utilization of appropriate federal and state financing and subsidy programs when available: The Senior Housing Program references the City of Industry set aside. The element should include the availability and the amount of these funds and explain how the set aside will 3 be utilized to facilitate new affordable housing. �Ue also`suggest that this resource may also be appropriate to facilitate the development of non -elderly affordable rental housing and needed infrastructurein Diamond Bar. 2. Idents adequate sites which will be made available through` appropriate zoning and development standards and with public services and facilities, including sewer collection and treatment, domestic water supply, and septic tanks and wells, needed to facilitate and encourage the development of a variety of types of housing for all income levels, including rental housing, factory -built housing, mobilehomes, housing for agricultural workers, .emergencv shelters and transitional housing (Section 65583(c)(1)(A)). Absent a complete land inventory as required in. A.2, it is not possible to evaluate the adequacy of the'City's adequate sites program. 3. The housing element shall con!ain, programs, which "assist in the, development of adequate housing to meet the needs of low -and moderate -income households (Section 65583(c)(2)). Although the element includes programs providing first time home buyer assistance (home ownership and mortgage credit certificate) and the senior housing development, the element should be revised to include specific actions that address the needs of lower income and non -elderly households, including large family and renter households, especially those who are overpaying for housing. Additionally, the element should describe specific actions the City will take to help facilitate affordable housing. For example, many jurisdictions assist in the adequate development of low' and moderate income housing by applying for available federal and state housing grant or loan funds or by assisting nonprofit organizations and affordable housing developers in their applications. 4. The housing element shall contain programs which "address, and where appropriate and legally possible, remove governmental constraints to the maintenance, improvement, and development of housing„ (Section 65583(c)(3))• Absent a complete governmental constraint analysis as required in A.3, it is not possible to evaluate the adequacy of the City's programs to mitigate governmental constraints. 5. Include a program to promote'equal housing opportunities (Section 65583(c)(5)). The element states that the City contracts with the Long Beach Fair Housing Foundation through the County Consortium for fair housing services. Program 14 should be strengthened. Specifically, greater outreach efforts to city residents should be provided about the fair housing laws, the availability of fair housing services as well as where and how to file a compliant. The City could work with the Foundation to conduct Landlord/Tenant seminars in the City. Fair housing information could also be disseminated at libraries, senior centers, recreation centers, social security and unemployment offices, and other public places to increase the program's visibility and potential usefulness. We would be glad to provide information and assistance on how to expand the Fair Housing program. 4 C. Consistency with General Plan Describe the means by which consistency will be achieved with other general plan elements and community goals (Section 65583(c)). Although the element provides examples of inter -element; consistency, the element should describe how consistency between the housing element and the general plan is to be maintained. D. Public Participation Local governments shall make a diligent effort to achieve public participation of all economic segments of the community in the development of the housing element, and the element shall describe this effort (Section 65583(c)). We note that the City's public outreach efforts are focused primarily around the publicnoticing and hearing processes. The City did conduct a public study session upon completion of the housing needs assessment but prior to formulation of the element's policies and programs. However, the housing element should specifically identify how the City `made a diligent effort to solicit public input from all economic groups (especially lower-income households, their 'representatives, or advocates) during the development of the housing element. Other For your information, State Density Bonus Law was revised in 1989 and no longer applies to development of housing for moderate -income households. 5 ATTACHMENT ``4'° 1 The Public Hearing, represents a great opportunity for Diamond Bar residents, businesses, and interest groups to review, and comment on the QVs Housing Element Those who participate will help the Planning Commission to develop a local housing plan of the highest quality. To see a draft; copy of the Housing Element before November 14th, visit the Diamond Bar Public Library or'', Diamond Bar City Hall. For more information, please call the City /Manager's Office at (909) 396-5666 -�.. ._. y. ..�... �.��—._ z�._� ,......, �......�,.'..,H......,w.w..o..n avvi'",�.ri b ._ w.��...e«.-- .=.=—��$.__...._ �_ .. _ .. �.. _. by,., _.., .,i �._� . C® 7 %low -. K uu O W► O City of Diamond Bar CITY COUNCIL REPORT Agenda Item No. %7 REPORT DATE: December 15, 2000 MEETING DATE: December 19 2000 CASE/FILE NUMBER: Conditional Use Permit No. 2000-04 and Development Review No. 2000-10. APPLICATION REQUEST: Appeal of a Planning Commission denial of a request,. by Nextel Communications to install two 25 foot high camouflaged monopoles with six antennas, equipment cabinets and a block wall equipment enclosure, to be located adjacent to an existing unmanned co -located wireless telecommunication facility on a portion of a 10.05 acre site. PROJECT LOCATION: 24401 Darrin Drive, (Tract No. 42584, Lot 51) Diamond Bar, CA 91765' PROPERTY OWNERS: Eric and Robin Stone 24401 Darrin Drive Diamond Bar, CA 91765 APPLICANT: Nextel Communications 310 Commerce Irvine, CA 92602 BACKGROUND: Nextel Communications has appealed the Planning Commission denial ('PC Resolution No. 2000-18) of its application to construct an unmanned wireless telecommunication facility at 24401 Darrin Drive. The, facility consists of two 25 -foot high monopoles incorporating six antennas, equipment cabinet, and block wall enclosure. The facility is designed to be located below the elevation of the existing flat pad'adjacent to Armitos Street and blend into the hillside site similar to the adjacent existingtelecommunications facility constructed for Pac Bell and Cox -"Communications in 1998. The proposal is permitted subject to the approval of a Development Review and Conditional Use Permit by the Planning Commission. Nextel originally requested a City Council public hearing in December. Nextel has requested that the public hearing be rescheduled to `January 16, 2001. RECOMMENDATION: It is recommended that the City Council continue the public hearing to January 16, 2001. Attachments: 1. Nextel letter of appeal 2. Nextel request for continuance dated December 15, 2000. s �'TIAV October 17, 2000 'r v.:J 1.Vu .. t82 . "00 OCT 17 P2:40 Ms. Linda Burgess City Clerk, City of Diamond Bar 21660 E. Copley Drive Diamond Bar, CA 91765-4177 Re: Appeal of Resolution No. 2000-18 Dear Ms. Burgess: As an agent of Nextel Communications, I am presenting you with this letter and a check for $500 in order to formally appeal Planning Commission Resolution No. 2000-18, which recommended denial of our proposal to install and operate ground -mounted telecommunications facilities at 24401 Darrin Drive in the 'City of Diamond Bar. Previously we have filed for a Conditional Use Permit (No. 2000-04) and Development Review (2000-10) for the project. The resolution for denial was approved by the Planning Commission at its October 10 session. In adopting its resolution, it is clear that the intent of the Planning Commission was to have Nextel provide additional information on its plans and then resubmit the plans with a new application. Item'4 of the resolution states: "Further review of the application is not warranted. The applicant should prepare and file a new application that addresses the unresolved issues and responds to the concerns as addressed by the Commission." Our original plan was to moveforward, following the Planning Commission's resolution, by submitting anew application, without the need to appeal. However, it has now come to our attention that Item 22.66.070 of the City Code would not allow resubmittal of the project for a period of one year. Because Nextel has an urgent need to get this site on -air, we have no other alternative but to appeal this resolution. Following the presentation of our project at the September 26 Planning Commission hearing, we brought a new architect on -board, due to issues raised regarding the quality of drawings provided by the previous' architect. We are moving forward with our new architect to produce the requested drawings, and we are confident that we will be able to provide the exhibits that the Commission has indicated it needs to adequately' review the project. We would be able to have these materials completed by the first part of December, and would ask that this appeal be heard at that time. (continued) NEXTEL 2001 Edmund, Halley Drive Reston, VA 20191 o 1015682 R REGULAR DAT E 16-OCT-00 UST �`CL � , VENDOR NAGE CITY OF DIAMOND BAR ` ` 73281 r r rQ s s. _ 11'001O L568 211' 1:0 1 1 203 5391: 60 03? 26?11' DEC -15-2000 03:09PM FROM - December 15, 2000 Mr. Jim DoStcphano I Acting City' Manager City of Diamond Bar 21660 E. Copley Drive Diamond Bar, CA 91765-4177 T-976 P.001/001 F-377 Re: Request of Continuance for Planning CommAssion Resolution No. 2000-18 Nexte) Telecommunications Site at 24401 Darrin Drive Dear Jim: I want to respectfally request that my appeal of Resolution 2000-18, the Planning Commission's denial ofthe Nextel Communications project at 24401 Darrin Drive, be continued to The January 16, 2001 City Council session. Prtviously we have filed for a Condirional Use Perwit (No. 2000-04) and Development Review (No. 2000-10) for the project. Carney Architects, our new architect on the project, is curremly completing plans which we are confident will meet the requirements of the Planning Commission, as well as overall City policies. We, will provide These new materials to you shortly after the beginning of the New Year. Please give me a call at (949) 279-2586 if you have any questions. We look forward to resolving this project in a positive way for both Nextel and the City of Diamond Bar. Yours Truly, John Tandy, Mericom, Corporation For Nextel Communications A UM Y r , Deborah H. O'Connor Mayor Eileen R. Ansari Mayor Pro Tem Wen Chang Council Member Carol Herrera Council Member Robert S. Huff Council Member Recycled paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 www.CityofDiamondBar.com CITY OF DIAMOND BAR NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF COUNCIL OF THE CITY OF DIAMOND BAR, pursuant to state law, that the City Council will conduct a publichearing on: A request to appeal Conditions of Approval set forth by the Planning Commission to install two additional 25 foot high camouflaged monopoles with a total of six antennas, equipment cabinets and block equipment enclosure on an approximately seven -acre site that current contains co - located, unmanned, wireless telecommunication facilities. APPLICANT: Nextel Communications, 310 Commerce, Irvine, CA 92602 DATE: December 19, 2000 TIME 7:00 p.m. LOCATION: AQMD Auditorium, 21865 E. Copley Dr. Diamond Bar, Ca ENVIRONMENTAL DETERMINATION: Pursuant to'the terms of California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt, To preview case materials or for further information on this subject please contact the City Clerk's Office at (909) 860-2489. If you challenge this appeal and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office, at or prior to, the public hearing. PUBLISHED: San Gabriel Valley Tribune: December 4, 2000 Inland Valley Daily Bulletin: December 4, 2000 /s/Lynda Burgess Lynda Burgess, City Clerk CITY OF DIAMOND BAR NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF COUNCIL OF THE CITY OF DIAMOND BAR, pursuant to state law, that the City Council will conduct a public hearing on: A request to appeal Conditions of Approval set forth by the Planning Commission to install two additional, 25 foot high camouflaged monopoles with a total of six antennas, equipment cabinets and block equipment enclosure on an approximately seven -acre site that current contains co - located, unmanned, wireless telecommunication facilities. APPLICANT: Nextel Communications, 310 Commerce, Irvine, CA 92602 DATE: December 19, 2000 TIME: 7:00 p.m. LOCATION: AQMD Auditorium, 21865 E. Copley Dr. Diamond Bar, Ca ENVIRONMENTAL DETERMINATION: Pursuant to the terms of California Environmental Quality Act (CEQA), the City has determined that this project is Categorically Exempt. To preview case materials or for further information on this subject please contact the City y Clerk's Office at (909) 860-2489. If you challenge this appeal and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office, at or prior to, the public hearing. PUBLISHED: San Gabriel Valley Tribune: December 4, 2000 Inland Valley Daily Bulletin: December 4, 2000 Lydda, Burgess, City blerk Ir i HP OfficeJet Fax Log Report Personal Printer/Fax/Copier Nov-28-00 12:38 PM Automatic Logy Identificatior< Result Pages Tyke Date Time Duration Diagnostic 9898287 OK 02/02 'Sent Nov-28 12:36P 00:00:46 002422030022 16268562750 OK 02/02 Sent, Nov-28 12:37P 00:01:04 002520030022 zz.o NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY OF DIAMOND BAR that the City Council will conduct a public hearing on the following item to determine whether or not the subject General Plan Amendment for the 2000-2005 Housing Element update shall be approved under the provisions of State law and the City of Diamond Bar's Zoning Coder Draft 2000-2005 Housing Element (under the authority of Government Code Sections 65091(a)(3) and 65588(b)(5)) for the periodic review and amendment to the City of Diamond Bar General Plan per General Plan Amendment No. 00-01. Six elements comprise the City's General Plan, which was adopted in July of 1995 (pursuant to Governmental Code 65300). The General Plan is a comprehensive document establishing goals and strategies to fulfill the community's vision for its fixture. The Draft 2000-2005 Housing Element proposes goals and programs to meet the City's anticipated housing needs through, planning period 2000-2005 for the Southem California Association of Governments (SCAG) region and as required to be completed not less than at five-year intervals. Project: Draft 2000-2005 Housing Element Address: Citywide Applicant: City of Diamond Bar, 21160 E. Copley Drive, Suite 190, Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), the City has determined that this project is consistent with the previously certified General Plan Environmental Impact Report and Addendum certified July 25, 1995 according to the California Environmental Quality Act of 1970 (CEQA) and guidelines promulgated thereunder, pursuant to Section 15168(c)(2) of Article 11; of the California Code of Regulation. Therefore, no further review is required. The public is invited to attend and offer comments. If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar Community and Development Services Department/ Planning Division at the address given below. You may also obtain additional information concerning this case by phoning (909) 396-5676. If you challenge this application and project in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. DATE & TIME OF PUBLIC HEARINGS: Tuesday, December 19, 2000, 7:00 p.m. (or as soon thereafter as the matter may be heard) LOCATION OF HEARINGS: South Coast Air Quality Management District Auditorium, 28165 E. Copley Dr, Diamond Bar CA 91765 CASE MATERIALS; Are available for review between 8:00 a.m. and 1,00 p.m. at the. City of Diamond Bar Department of Community & Development Services, Planning Division, 21660 East Copley Drive, Suite 190, Diamond Bar, California 91765. Publish:, 1/8 page Display ad on December 4,2000 -.- CITY OF'DIAMOND BAR AGENDA REPORT AGENDA NO. TO: James DeStefano, Interim City Manager MEETING DATE: December 19, 2000 REPORT DATE: December 15, 2000 FROM: Bob Rose, Community Services Director TITLE:Consideration for the Elimination of the Six-Ball Rule on the Tennis Courts of the Public Parks in Diamond Bar SUMMARY: A group of residents who use the tennis courts in the public parks in DIiamond Bar have requested that the rule that limits them to using a maximum of six tennis balls while playing tennis be abolished. (Continued on Page Two) RECOMMENDED ACTION: The Parks and Recreation Commission recommends the following for the tennis courts in the public parks in Diamond Bar: 1). That Rule No. 5 (six-ball limit) be abolished. 2). That an absolute 30-minute time limit prevails when other players are waiting. 3). That fines for unauthorized instructors be imposed. 4). That the City post additional signage stating harsher restrictions on unauthorized instructors (List fine amounts on these new signs and state that the City may seek a restraining order for repeat offenders.) It is further recommended by staff that if the City Council supports the elimination of the six-ball rule, that the City Council direct staff to present an ordinance at a future City Council meeting to strengthen the prohibition of unauthorized instructors on the tennis courts in the public parks in Diamond Bar and to provide a specific Municipal Code number to place on the sign recommended in item#4 above. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution(s) _ Bid Specifications Ordinances) X Other:' Minutes of October 26th P&R Commission Meeting Draft Minutes of November 161h P&R Comm. Mtg. Tennis Court Rules Report from P&R Comm. Ad Hoc Committee Related Park Rules & Regulations in the D.B.M.C. Letter from Joint Powers Insurance Authority EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution,' ordinance or agreement been reviewed by the City Attorney? X Yes No 2. Does the report require a majority vote? X Yes_ No 3. Has environmental impact been assessed? N/A Yes _ No 4. Has the report been reviewed by Commission? X Yes No What Commission? Parks & Recreation Commission 5. Are other departments affected by the report? Yes X No ' Which Department? IEW mes Deste no Bob Rose ' Interim' City M nager Community Services Director I II Continued from Page 1— Summary: The purpose of the six-ball rule is to identify unauthorized tennis instructors using the public tennis courts for personal financial gain. All of the unauthorized instructors encountered by staff use a basket of tennis balls so they can efficiently teach their students, who normally pay by the half-hour. The Parks and Recreation Commission received extensive residents' input and reviewed their concerns at two different regular meetings, which were conducted on October 26th and November 16t". The Commission believes that the six-ball rule should be eliminated and that another method should be used to identify unauthorized instructors. Staff believes that if the six-ball rule is eliminated, then an ordinance will be needed to strengthen the prohibition of unauthorized tennis instruction on the City's tennis courts in the public parks. ....y.. Y CITY COUNCIL REPORT MEETING DATE: December 19, 2000 T0: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Consideration for the Elimination of the Six -Ball rule on the Tennis Courts of the Public Parks in Diamond Bar IssueStatement Elimination of the six -ball rule will allow residents to use as many tennis balls as they want while playing` on the public tennis courts. The Parks & Recreation Commission recommends the elimination of the six -ball rule. This Commission's recommendations must be approved by the City Council to be implemented. Recommendation The Parks and Recreation Commission recommends the following for the tennis courts in the public parks' in Diamond Bar: 1. That Rule No. 5 (six -ball limit) be abolished..N.° 2. That an absolute 30 -minute time limit prevails when other players are waiting. 3. That fines for unauthorized instructors be imposed. 4. That the City post additional signage stating harsher restrictions on unauthorized instructors (List fine amounts on these new signs and state that the City may seek a restraining order for repeat offenders.) It is further recommended by staff that if the City Council supports the elimination of the six -ball rule, that the City Council direct staff to present an ordinance at a future City Council meeting to strengthen the prohibition of unauthorized instructors on the tennis courts in the public parks in Diamond Bar and to provide a specific Municipal Code number to place on the sign recommended in item #4 above. Financial Summary If the six -ball rule is eliminated, there will be some cost for revising the existing tennis court rules signs in the three parks with tennis courts and for adding signs specifically stating the prohibition of unauthorized instruction. Cost could range from several hundred dollars to revise signs to several thousand dollars to replace existing signs. Sign replacement would not be done until it is approved in the budget process of a future fiscal year. Background The concern for the six -ball rule was first brought to the City's attention when a group of residents spoke during public comments at the October 3, 2000 City Council meeting and requested the elimination of this rule. The City Council referred the request to the Parks & Recreation Commission for their input. The Parks' & Recreation Commission reviewed the six -ball rule at their meetings on October 26th and November 161h. After receiving extensive public input on the issue at their October 26th meeting, the Commission established an Ad Hoc Committee to review the matter and to develop a proposed recommendation. The Ad Hoc Committee met on October 27th and developed the following recommendations: 1- That Rule No. 5 (six -ball limit) be abolished. 2. That an absolute 30 -minute time limit prevails when other players are waiting. 3. That fines for unauthorized instructors be imposed. 4. That the City post additional signage stating harsher restrictions on unauthorized instructors (List fine amounts on these new signs and state that the City may seek a restraining order for repeat offenders.) Other suggestions provided by the Ad Hoc Committee include: A. Provide a method for tennis players to sign in to use the tennis courts. B. Hire a Park Ranger to enforce the tennis court rules. These recommendations were reviewed at the November 16th Commission meeting. After again.receiving extensive public in -put, the Commission voted unanimously to recommend to the City Council the four items as recommended by the Ad Hoc Committee: 1. That Rule No. 5 (six -ball limit) be abolished.' 2. That an absolute 30 -minute time limit prevails when other players are waiting. 3. That fines for unauthorized instructors be imposed. 4. That the City post additional signage stating harsher restrictions on unauthorized instructors (List fine amounts on these new signs and statethat the City may, seek a restraining order for repeat offenders.) No action was taken on the suggestions provided by the Ad Hoc Committee regarding a method for tennis players to sign in to use the tennis courts or the use of a Park Ranger to enforce tennis court rules. Discussion' The six -ball rule has been a part of the tennis court rules since before the City of Diamond Bar incorporated. The purpose of the rule is to make it obvious when an unauthorized instructor is using a basket of balls while teaching tennis lessons. The six -ball rule provides staff and/or the Sheriff's Deputies a reason to approach a person who is using a basket of balls and to then determine if the person is providing unauthorized tennis instruction. It is important to remove unauthorized instructors from the tennis courts because they are taking away court time from the residents of Diamond Bar. The City has only eight tennis courts in the public parks. City staff has a record of complaints that lists seven different unauthorized instructors regularly using the public tennis courts for private tennis lessons in Diamond Bar. At least three of these unauthorized instructors have been cited by LA County Sheriff Deputies, but they apparently still teach illegally on City courts. Staff believes that the elimination of the six -ball rule will result in an increase of unauthorized instructors, and therefore, less tennis playing time for residents on park courts. The Parks and Recreation Commission and the residents who spoke at their meeting agree that it is necessary to remove unauthorized instructors from the City's public tennis courts. However, they do not I, believe that the six -ball rule is effective, nor is it the proper way to identify unauthorized instructors. And most of all, they believe that residents wanting to improve their tennis play by using a basket of balls to practice their shots are being penalized by the six -ball rule. They believe that another method should be utilized to monitor unauthorized instructors and that the six -ball rule should be abolished. The Joint Powers Insurance Authority (JPIA) was contacted about the liability related to abasket of tennis balls being hit and left on the tennis court surface until all 50 balls (approximate number) have been hit. Their response is that there is no additional liability for the City if the six -ball rule is eliminated. Should the City Council determine that it is in the best interest of the public to eliminate the six -ball rule, staff would propose to return to a future City Council meeting with an ordinance to strengthen the unauthorized instructor prohibition. This agenda item has been noticed to all persons who previously spoke on this subject before the Parks and Recreation Commission and signs have been posted on the tennis courts at Ronald Reagan, Maple Hill and Pantera Parks notifying the public that the six -ball rule will be reviewed at this City Council meeting. Prepared by: Bob Rose, Community Services Director DRAFT NOVEMBER 16, 2000 PAGE 3 PARKS & REC'COMMISSION developing an alternative 'method for monitoring private instructors. Although the Ad Hoc Committee discussed various methods of enforcing the private instructor rule, at this time a specific method has not been determined. The Ad Hoc Committee recommends elimination of the six -ball limit rule. Mark Dani, Mad Dog Racquet Sports, 21450" Golden Springs Road, said he believes that the enforcement signs indicating applicable fines will help to mitigate the situation. He wants residents, parents and kids to be able to bring a basket of balls to practice as long as the playing surface is maintained in a safe manner. He is pro -community, concerned about safety and against pirate teachers. Michael Lin said he and his family chose to live in Diamond Bar because the City is very peaceful, the people are friendly, the schools are good and the community is enjoyable. His family has enjoyed playing tennis in the City's parks for several years. Diamond Bar is probably only one of two cities in Los Angeles County that has the six -ball rule. Many times he did not follow the rule I used a basket and even a ball machine to assist with his training as well as, his daughter's training who is currently on the Diamond Bar High School tennis team. He has noticed that many other individuals break the rules. He asked if someone could explain the purpose of the six -ball rule because most ;people do not follow it which means that it is impractical or unreasonable. He appreciates the concerns regarding safety. However, people play soccer, basketball,baseball, hockey, etc. which are more dangerous than tennis. He strongly feels that the six -ball rule is not practical and further, thatit is unreasonable. He urged the Commission to eliminate this rule immediately. In addition, he does not believe it is necessary for the City to spend .the money putting fencing between the courts. He asked how many, teaching instructors have approval from the City. CSD/Rose responded that the City contracts with one company, Tennis Anyone, which has a number of instructors. Chair/Finnerty and CSD/Rose explained to Mr. Lin that if he wants to hire a private tennis instructor for his children, he needs to use his own private tennis court, or he can obtain an instructor through the City's recreation program for lessons on ark/ ublic' courts. �I p p Parents and friends of parents can instruct their children on the public courts as long as the instructors are not being compensated for their time. Robert Chou moved to Diamond Bar in September. He likes the City very much and congratulated everyone for doing such a good job. One of the features that attracted him to his present location was the proximity to a tennis court.' His son is 7 years old and very anxious to learn to play tennis. He noticed the six -ball rule which puts a damper on his effort to teach his son. DRAFT n ,SFT NOVEMBER 16, 2000 PAGE 4 ` PARKS & REC COMMISSION He would prefer that the six -ball rule be lifted. He believes that the City having a six -ball rule just to make it easy to spot illegal teaching is unfair to residents and that there are other rules that could be enforced that would eliminate illegal teaching, which he favors. He asked if the City's liability insurance coverage would increase significantlyif the six -ball rule was eliminated. None of the 13 neighboring cities contacted by staff have the six -ball rule. Chair/Finnerty indicated to Mr. Chou that the City's liability costs would not increase with the elimination of the six -ball rule. He recommended that the six -ball rule be eliminated. Vib Verma also spoke against the -six -ball rule. Wei Wei Cheng reiterated her opposition to the six -ball rule: Mark Dalli again spoke in favor of signage. He believes people can monitor themselves and choose a qualified tennis instructor. Mary Su, Diamond Bar business owner, said that she moved to Diamond Bar because it is a family- oriented community. As a parent she likes to spend time playing tennis with her children and the six ball rule severely hinders their play. She has played tennis for 15 years and in all of that time has never seen anyone injured by a tennis ball. Residents should not be penalized for the illegal acts of a few people. Chair/Finnerty explained to the speakers that the six -ball rule was initiated by Los Angeles County prior to Diamond Bar cityhood. Adjacent communities under the jurisdiction of L.A. County still have the rule -Diamond Bar is the only City that still has this rule. C/Hull and C/St. Amant presented their Ad Hoc Committee reports. '` C/Hull read the committee's proposal which states the fallowing: 1. Rule No. 5 should be abolished. 2. An absolute 30 minute time limit prevails when other players are waiting. 3. Impose fines for unauthorized instructors. 4. Additional signage stating harsher restrictions on illegal instructors' Other suggestions for court usage would be an electronic keypad that would time -stamp when a person entered the court; a metal box by the court entrance where a player fills out a sheet with their name and time of court usage, a copy of which goes into a metal box that can be opened by;a sheriff or park ranger; some type of sign -in outside the courts where court time can be documented and people waiting can add their name for next in line. It is also recommended that the City of Diamond DNA` A -- ---- ----- w- DRAFT NOVEMBER 16, 2000 PAGE 5 PARKS & REC COMMISSION Bar consider hiring a park ranger. He explained the proposed signage. C/St. Amant explained that Rule No. 5 was to make it easy to spot illegal instructors and to have a violation with which to charge illegal instructors. Deputy Tom Lanning and Deputy Brian Walker discussed enforcement issues and concerns with the Commission: Kay Dalli spoke about the use of public courts. C/Hull moved, C/St. Amant seconded, to recommend that City Council: 1. That Rule No. 5 (six-ball limit) be abolished. 2. That an absolute 30-minute time limit prevails when other players are waiting. 3. That fines for unauthorized instructors be imposed. 4 • That the City Post additional signage a statin harsher er restrictions on uncut homed instructors (List fine amounts on these new signs and state that the City may seek a restraining order for repeat offenders.) Without objection, the motion was so ordered. CSD/Rose stated that prior to this matter being placed on a future City Council agenda, residents who spoke on this matter will be notified by staff that item is scheduled to go before the City Council for disposition He cautioned everyone that the Commission's recommendation does not change the current six-ball rule which remains in effect pending further action that may or may not be taken by the City Council. 4. W B' SINESS one ANN CE NTS`. C/Torre said-he look forward t coaching in e Diam ndBar B sketb Recr tion pr am this ear. C ull repo ed on hi walk -throw of Panter ark. He oncurred wi C/Torr' s that P tera P is a olutely e clean park he ha visited in li t of all of e work tha has occ ed. Gr Andr so e Gre seems e ger to mak certain that e City is p ased with t parks. C/St. ant state that there a bushes ne the front f Maple HE ark wh' h need t be tri ed. He pointe out that crime pre ' ntion there s a 3 in 7 e wherenoedge sh Id be hi er tha 3 fe and no tr should ang down b low 7 feet f r visibility urposes. Dl"-AvftT r: 10!31!2000 10:36 9094682870 uPAGE 04 a CAN z Q ww N p oCD o a 0 � � a - w Q OCTOBER 26, 2000 PAGE`2 PARKS & REC COMMISSION Uponotion, dul seconded, th Minutes of th September 28, 000 Regu r Meetin were approve as submitted nd the Minutes # `th Sep mber; 28 2000 Joint M eting with the Traffic & Trans ortati Comission reapproved a corrected.. M ron carried by th folio ng II Call vot . -AYES:C MISSIONER Amant, VC/Ani Chain innerly NOES: COMMIS NERS: one ABS T N: COMMI LONERS: Hull ABS COMM STONERS: Torres 4. NEW 'BUSINESS: 4.1 Tennis Court Rules - Staff report by CSD/Rose. Several residents requested for the City Council to abolish the six' (6) ball limit rule that is now in place for tennis court use in Diamond Bar. The City Council directed the Parks & Recreation commission to consider this request. The six (6) ball limit rule has been in place since the City's incorporation. The reason for the rule is 1) to make ;it obvious when an unauthorized instructor is teaching 'tennis lessons illegally on the public tennis courts, and 2) to control the City's liability by limiting the number, of unattended tennis balls that may stray onto adjacent tennis courts and become a tripping hazard for other players:` Staff recommends that no changes be made to the tennis court rules. Ray Nava, 22911 Colombard Lane #2, spoke in favor of abolishing the six (6) bail limit rule. Residents should not be penalized because unauthorized instructors are using public tennis courts. Andrew Wen, 23545 Goldrush Drive, spoke in favor of abolishing the six (6) ball limit rule. Individuals and families should not be penalized because unauthorized instructors are using the courts. Mark Dalli, MADDOG Racquet Sports; 21450 Golden Springs Road, spoke about how pirate teachers cost his legitimate business several thousand dollars each year, He supports' enforcement of Municipal Code 12-00-080 regarding Rule #5, a maximum of six (6) balls except for city approved tennis instructors. In other communities, pirate teachers are arrested for illegal trespass after one w • 9 , , warning . P and one ticket. ' The he city should consider OCTOBER 26, 2000 PAGE 3 PARKS & REC COMMISSION installing a fence between courts with an opening in the middle. OCTOBER 26, 2000 PAGE;4 PARKS & REC COMMISSION A speaker on behalf of Wai Wai Cheng, 20532 E. Oak Meadow Lane, said that Ms. Cheng would like the enjoyment of playing tennis without having the problem of picking up balls. She respects -rules and she believes the current rule is impractical. Therefore, she requests that the Commission consider revising the current six (6) ball rule. 'Danny Tarpley, The Dan Tarpley Tennis Academies, Inc spoke against the six (6) ball rule. Most of the people present this evening are concerned with improving theirindividual games and have no involvement in unauthorized instruction. He, believes the rules are penalizing the residents and not correcting the problem. Robert Prows, 23781 Little Quail Avenue, participates on the D.B.H.S. varsity team and he is not in favor of the six (6) ball rule. In order to improve your game you need to use more than six (6) balls. He pointed out that there is fencing between courts at Pantera Park and he is in favor of the city putting up dividers between the courts at other parks. Takashi Wakamatsu, 22000 Birdseye Drive,, said he believes the City applies the wrong rule to control something beyond the control of the residents. This rule punishes residents who want to play tennis. It appears that the six (6) ball'rule has been invoked to protect one instructor and the City should not beinvolved in this manner. He wantsto'know if the City has ever been sued due to someone being injured by tennis balls being on the court. This rule does not do anything other than to restrict the average citizen's enjoyment of the sport. Jerry Chiang, 928 Sunnyhill Place, practices tennis for at least two hours each day and plays in USDA Junior Tennis Open Tournaments How is he 'supposed to practice with only six (6) balls? It will waste so much of his time. He would like for the Commission to recommend that the rule be changed. Tim Soong, MD, 2868 Oak Knoll Drive, said that he practices sports medicine and in all of his years of practice he has never treated anyone who was injured by stepping on a tennis ball. There is already a rule to prohibit illegal instruction, Rule #8 and why should legitimate players have to worry about being restricted by the six (6) ball rule. He plays tennis three times a week. He asked how many lawsuits- have been filed as a result of abuse of the, six (6) ball rule. Liability should be the last consideration. Tennis is a good sport and he wants to continue enjoying the game. The only person OCTOBER 26, 2000 PAGE 5 PARKS & REC COMMISSION C/St. Amant concurred that a s Instruction" along with the amo G 12-i9-00 Happy Holidays Diamond Bar City Council: Regarding item S. 1, CONSIDERATION FOP, THE ELATION OF THE SIX BALL, RULE ON THE TENNIS COURTS OF THE PUBLIC PARIS IN DIAMOND BAR. I would like to give an update from the April 18, 2000 City Council meeting, where the Council agreed to start citing violators, on Municipal Code #12.00.080, regarding rule#5 (A mWmum of six (6) balls shall be used on any one court, except for City approved: Tennis instructors, headed by Deputy Perkins and two Code Enforcement Officers from the City of Diamond Bar, to assist in the removal of "'Pirate TeacheheW . ` But, the City will not do "Playground Patrol": Since that day, this is what has transpired. April- 19, 2000- Police respond, to Maple Hill; Park to cite a known "Pirate Teachee. Teacher has an outstanding warrant, and is taken to jail. Was citation issued? Week of April 23 2000- My son is approached by a student of said "Pirate Teachey' holding Mad Dog responsible for the teacher's incarceration. June 16, 2000- My son is; approached by a student of another "Pirate Teacher", holding Mad Dog responsible for the teacher's incarceration, which was a rumor only: Somewhere during this time, Deputy Perkins is no longer in charge. Sergeant Flannery takes over. Code Enforcement says it's a Park problem. The officers receiving complaints know no*" of the procedure, using their own discretion whether to cite or not. Even when given specific names and descoriptivu of known violators. October 26, 2000- Mad og's'vehicle is vandalized at the AQMD► Parking Lot during the Park ComPuission Meeting. Detectives are viewing the property video tape For identification of the perpetrator. October 30, 2000- Anonymous fictitious complaint filed with a +Government Agency against Maid Dog.. COMPALINT CLOSED! November 7, 2040- All Mad Dog Advertising destroyed at neighboring city contracted courts. November 16, 2040- Park Commission Meeting. One of the Ad Hoc Committee members state "I'm not realty bothered by the illegal teachers". Deputy Toth L,anning and Deputy Brian Walker stated, "Six Ball Rule is the only teeth for probable cause to approach illegal teachers on the court. November 18, 2040- Local Tennis Shop in :neighboring city soliciting "In Affiliation With" business cards of one of the "Pirate Teachers". November 19,2000- I sent school police to DBHS to respond to a "Pirate Teacher'} complaint. November 27, 2000- Complaint fled with Diamond Bar Sheriff referring to Nov. 19, attempting to implicate me in an alleged criminal act. November 29, 2000- Detective Tippings closes complaint. FAtly December, 2000- Students at DBHS overheard discussing them opinion that `Mad Dog made the six ball rule. We can't use baskets because of him. He has a son that goes to this school. His name is Damien". The rest is inaudible. December 13, 2000- Dr. Hockwalt, Superintendent of1V USD, sends a letter to their Attorney Liason, asking how to handle "Pirate Teachers', as they do not have the six ball maximum. posted, Is it really time to eliminate the six ball rule? Is it time for "Playground Patrol'? Should we wait for someone in my family to be maimed or killed? I believe a high percentage of speakers in favor of eliminating the: sitz ball rule are followers of the "Pirate `peachere', just to add another excuse as to why the teacher is out there. "Pirate Teachers' are controlled by the residents. Don't buy their services. In rebuttal to comments made at previous meetings: Liability should be the first consideration. "Playing Tennis" consists of 3 balls; ` Practicing Tennie' consists oaf a basket of balls controlled by a facility and representative who carries the liability. Waxy would USPTA Certified teachers speak against the ethics of said organization? If the city asks for a list of ali authorized pros, does that mean all teachers representing the Diamond Bar Recreation program, will be fisted as well as any substitutes, with insurance coverage listing each name as additional insured. Thank You, Kay Dalli MADDOOR TENNIS & RACQUET SPORTS 21450 Golden Springs Dr, #J, Diamond Bar CA 91765 (909) 594.4485 12-19-00 Good evening City of Diamond Bar City Council - Thank you for your time & consideration. I have gone through the appropriate chamiels to protect my own and the public's interest. I agree with the Ad. Hoe Committee's suggestions. I just recommend that we consider the recommendations, #2, #3, and #4 of the committee's proposal, before we apply recommendation 41 (the six ball rule change. I believe with the helpof our whole community., we can remove the "Pirate Teachers!'. Then and, only then can we consider the six ball rule change. I hope and believe that this community wants the very best for themselves and their children. This proposal with the delay of recommendation #1, will serve this community best. We have a choice. Do we support illegal activities on our public facilities of not. I hope not, A recent article written by USPTA General Council's Paul R. Waldman, speaks of leg injuries due to slipping on balls left on the court during a lesson, to be the most frequent injury. That iswith professionals. Can you imagine the lay -person, non-professional, with say 200 to 300 balls on the court. The percentages go way up on the possibility of injury and liability. We the public, deserve to, have use of public facilities within the rules, and I have earned the right to run a legitimate, highly respected and statistically proven tennis development program in this community, free from threats and intimidation from the "Pirate teachers" and their following. Let's kick them out of out city. They have done enough damage. Look at the effect -on the high school team. I continue to have the elite students in this area. Come watch my Junior Teams, and see with your own eyes, Make intelligent decisions based on fact. Then we can all enjoy the Same of tennis for a lifetime. Thank YOU, Mark Dalli - - - - -_--.I- - � -- -- ---- . I Z To: City of Diamond Bar Dec. 18, 2000 j-- Community Services 21660 E, Copley Drive, Suite 100 Diamond Barf CA 91765 Re: Tennis Court 116 Ball Rule" Dear Sir t In an effort to voice our comments about the tennis court "6 Ball Rule" while not been able to attend the city council meeting on Dec. 19, 1000, I, as resident of Diamond Bar City, express my opinion as follows r I am in favor of eliminating the " 6 Ball Rule" i understand the nature of the "6 Ball Rule" and wish the city to serve the community as a whole: r signature I U date print name aadress l� 13 To City of Diamond Bar Dec. 18, 2000 Community Services 21660 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 Re Tennis Court "6 Ball Rule" Dear Sir In an effort to voiceour comments about the tennis court "6 Ball Rule" while not been able to attend the city council meeting on Dec. 19, 2000 I, as resident of Diamond Bar City, express my opinion as follows I am in favor of eliminating the " 6 Ball Rule" I understand the nature of the "6 Ball Rule" and wish the city to serve the community as a whole. 12 -/,P- signat date print name address w 1/ To! City of Diamond Bar Dec. 18, 2000 Community Services 21660 E. Copley Drive, Suite 100 Diamond,Bar, CA 91765 Ret Tennis Court"6 Ball Rule" Dear Sir In an effort to voice our comments about the tennis court "6 Ball Rule" while not been able to attend the city council meeting on Dec: 19, 2000, I, as resident of Diamond Bar City, express my opinion as follows I am in favor of eliminating the 6 Ball Rule" I undrerstand the nature of the "6 Ball Rule" and wish the city to serve the community as a whole. C signature date J print address To: City of Diamond Bar Dec. 18, 2000 Community Services 21660 E. Copley Drive, Suite 100 Diamond.Bar, CA 91765 Re: Tennis Court"6 Ball Rule" Dear Sir 1n an effort to voice our comments about the tennis court "6Ball Rule" while not been able to attend the city council meeting on Dec: -19, 2000, 1, as resident of Diamond Bar City, express my opinion as follows t Y am in favor of eliminating the 6 Ball Rule" I understand the nature of the "6 Ball Rule" and wish the city to serve the community as a whole. Signature date pr t name address Toy City of Diamond Bar Dec. 18; 2000 Community Services 21660 E. Copley Drive, Suite 100 Diamond ..Bar, ' CA 91765 Re Tennis Court "6 Ball Rule" Dear Sir In an effort to voice our comments about the tennis court 116 Ball Rule" while not been able to attend the city council meeting on Dec. 19, 2000, I as resident of Diamond Bar City, express my opinion as follows I am in favor of eliminating the " 6 Ball Rule" I understand the nature of the "6 Ball Rule" and wish the city to serve the community as a whole. sign r date _ print name address To,. City of Diamond Bar Dec. 18, 20o0 3 Community Services 21660 E Copley Drive, Suite 100 Diamond,Bar, CA 91765 Ret Tennis Court "6 Ball Rule" Dear Sir In an effort to voice our comments about the tennis court "6 Ball Rule" while not been able to attend the city council meeting on Dec, ` 19, 2000, I, as resident of Diamond Bar City, express my opinion as " follows I am in favor of eliminating the " 6 Ball Rule" I understand the nature of the "6 Ball Rule" and wish the city to serve the community as a whole. a Pee, _ 1 x-00 signatur date 2033% print n e a ess CA u_ To: City of Diamond Bar Dec. 1 s ,2000 �3 Community Services 21660 E, Copley Drive, Suite 100 Diamond,Bar, CA 91765 Re Tennis Court "6 Ball Rule" Dear Sir In an effort to voice our comments about the tennis court "6 Ball Rule while not been able to attend the city council meeting on Dec. 19, 2000 , 1, as resident of Diamond Bac City, express my opinion as follows ; I am in favor of eliminating the " 6 Ball Rule" I understand the nature of the "6 Ball Rule" and wish the city to serve the community as a whole. sigh ure date print name address To: City of Diamond Bar Dec. 18, 2000 Community Services 21660 E, Copley Drive, Suite 100 Diamond Bar, CA 91765 Rea Tennis Court 116 Ball Rule" Dear Sir In an effort to voice our comments about the tennis court "6 Ball Rule" while not been able to attend the city council meeting on Dec. 19, 2000 , I, as resident of Diamond Bar City, express my opinion as follows: I wn in favor of eliminating the " 6 Ball Rule" I understand the nature of the "6 Ball Rule" and wish the city to serve the community as a whole. c signature date LQOAd— print name address . ... �J #'� . � t_ ' . ' '��!" ' - : � gyp! ` ^'� �I '�4 +nom } - • � ,� A ` ICES TO: CIT? Diallom BAR DEC. 19, 2000 cobows SERVICES x.. DEAR SIRS, I AM IN FAVOR OF BLMNATING MM "6 BAIL RVLE". BEST REGAMS . . ,. f y' i i 2mtzr�� � �� �rRy�IIrrk Pcossr�t#�� ON ZliG l G's�wk (�ecd%enrCageL� a R qe s�ml1ROroNnm 's p it hill ,a. ,a N ,^'*: �' M s. a�." CcC �s`Qa.-.-1 v p ^Q�}}'D C i, �-• Ui v c3 �`.' cu Rt, "'"G ✓ ."""—,., p CJ. �. y ;n .�-• N "�' u '6 y cC ,,,,, :ii _r_. 'Tj .� Gb Ou sd U U L7 `C cG7 G R%'. W v bOJG, d •{J �; d w -fl, 41 =' ` -o y bJn bA u a aJ I� G aJ o p u b C v= zt bA + ��^ -0 U ❑� ,� ,.,.y v, . [ to S cd p. bA � "fidC+ .cd ccs ty G 4, �_ G SC ;.� ® ..6 ,..0 O., �rt-d! -� - 0 �. 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O v � ftiti' u y � ' V ,•�'�, � h �: v y 'a�1 i� y ra y r, ' m v', y zb ".' aY u ° y `•7--' by y� "G al f1. O u ..� O O O "i .., :. y bC �4 , cy i; x.. °t c% .- -^ •-. 'cy O , D v� 'y D `CJ al y - ✓ ° u y ,� O., w s., y v .�. cct ', u .s"r' c ' 7� O O 4.i : N nl s-' v �t C u c cs O .� a C p w fl y' u `u° O o o ai v° a U c1 n n O Z '42- ✓� C4 Id Oc o a Cd Ij ,-t"•+ 4� -. a "✓ ^C"i fes" y. v vd Qj cd qj gi-�Faul�iiR�ialdman;,USPTA�er>yeralf Counsel` �gsnranc� claims„ceactun dae+h U�14` am ro�ne use der '! I�' euci?nc i►i ai�«is1 �a�? , low v_l 1 While it, IS #t'i/e ��rhree most tonin on=on court tiznms your club and bad for USPTAs group lia- 'that you are occsdentsresulzirigininjuries to eopleralt biliginsurance premiums. Tennis lessons havebeen: Are there any valuable tips that will .. Covered by the help keep you from having these claims 1 �Ixg ir%lnries due zo slipping on balls left made against you and your employer? 1 on Association's yzhe,rourz doling aJcsson. - can try, to give you some advice, but as 2. Eve injuries due to nils -hit or missed you will see $y anot M On -court liabilityballs during volleying instruction. ducky areas of the Iawn,b ayd POliey... yOti''dO 3. Body or head injuries due to being h t the<laveyer. - those wha�n� n ed by another person's racquet during a et denma c��,ztcd by,t -pse, not Want to be group lesson. N�„egcicea€conrrcils�ycW�y,�� the cause Of lichough no statistics have_bier kept �sase By far tlae naostpreyalent . yin this ,area, the above t. as Fo6ab „in' all xbe tour , a. -,the ct Stave injury #o a pupil, �' � Peder of fiecjuencyTo'vath negirgencae, Of these, most in and you This information should be of interest volve the automobile. And.what does the to the USPTA professional. While it is true word negligence mean to a lawyer? The certainly do not that you are covered by the Association's definition is simple: lack of reasonable on -court liability policy, and that any claim care under the circumstances. Nothing want to be the resulting from on -court accidents will be could be clearer, except you may ask your defendant in a handled b� your liability insurance com self what does "reasonable” mean, and pany; do noiywanr to: be the_ cause of: what is meant by "under the circ: umstanc- lawsuit. injury to a pupjl,and'you certainly do,not` es." To use a common expression, "What A common on -court tennis accident resu&ng in injury to people taking tennis lessons a due to being bit by another person's racquet during a group lesson. 12 ADDvantage/December 2000 ... -- n is it you don't understand?" Well, practi- the claim are often lost in the shuffle. So, nis court. 1 said that the Association did call- everything. should you pick up all the balls before you not have any writren guidelines regarding Lets get back to tennis reaching. You begin to run the pupil? Perhaps some, but \ wer courts, and with good reason. Con - are giving a lesson and your ball hopper is a more honest answer is use reasonable care sideration would have to be aiven to a half empty: Some balls,, -are lying on the under the circumstances. In other words, myriad of factors, such as how wetwas the court and the pupil has to run for a back- there is no definitive::rule. court, how old were the persons taking the hand. Whoops. He slips on one of the balls What about the "under the circum- lesson, what was be'raught at the rime, and, as luck would have it (his and yours), stances" pan of the definition? Two con- what kind of court surface was involved, he breaks an an. siderations im- etc. It would be impossible for the USPTA kle. Nora fatalmediately arise. to give guidelines that would cover all the � injury; but not The first is that circumstances that mighr be involved. 1f an insignificant the more seri- the Association were to say that VOL should I' one by any ,.; `� ous the pow- never give a lesson on a wet court and the n�ea � iLl.lgiiG " tial injury, 'tileproicss,a ai r,6hU1 ich thar oti u,� YurZ ation and hos- - dard of care. .,titular day,' :b'3tI1 il'oSe:I%uSY..SGu.'2t t1�Ips-� under all circumstances it was reasonabl . ptal stay: Of For example, safe, the Association would be doing a dis- course,you and an >eve injury service to the teaching profession. Your club are (volley' ingI should make mention of the role of sued. Why? Itice) - or a head the "expert witness." In any negligence suit am sure plain- injury (being both sides might have to bring in their"ex- I riff's counsel can think of several reasons, hit with someone else's racquet) are poten- perts." The Association is often called upon but the main one is that, it-Wdl be claimed, tially more serious than an ankle injury to recommend an expert witness to testify you left all those balls on she court, just And the second is that children are more in'some part of the country. The expert !i waiting to be tripped on_ You knew the ' likely to need greater vigilance thanadulrs. will tell the jury in his or her opinion, the pupil would have to run a little, and you Does this mean that when you are giv professional way of conducting a safe les - could have easily .cleared the hack -court ing a volleying lesson that your pupil should son, and whether the defendant deviated f f; before moving him. In other words, you he wearing goggles? Obviously not. But it from this standard. The testimony might were negligent. You did not use reasonable might mean that with an elderly person, or or might not have weight with the jury, N,; care under the circumstances. Or, so it will a young one, your ball feeding should be depending upon the jury's opinion of the '3 be claimed.a' more gentle. This is only common sense, expert's qualifications, whether the jun ;( Your lawyer, or by now your insurance which, of course, might be just another def - thought the expert was telling the truth, company's lawyer, will, of course, plead just inition of reasonable care. Does it mean you and if the industry standards were them - the opposite. Namely, that it is impossible should have extensive spacing between pu- selves reasonably safe. A USPTA profes- '}1 for a tennis professional to clear all the balls pils when giving a group lesson? Probably sional is almost always sought-after as an off the court when giving a lesson, most of you should have more spacing between 12- expert witness. In that sense, Association them were Cleared, and the teacher's con- year olds than members really do �! duct was completely in accord with prop- 30 -year olds. help set the star ii er teaching standards within the profession. Another dards of the teach- . -'I Accidents will happen in any sport where example. Re- ' ing profession. movement is involved, and an accident cently the Remember to does not necessarilymean a lack of rea- Westchester notify the World .' ; sonable care.County At- Headquarters if an As 1 said above, this is a fairly common torney asked accident occurs • I: scenario. Can I give you an advice based g y me whether it while you are giving on the cases along these lines that have gone was reason- a lesson. The staff + to, your insurance carrier? The answer un- able fora pro- will then guide you " fortunately= is no, since they are almost al- fessional to in giving proper no- ' ways settled out of court, and we are not give a lesson' lice to the liability prig- to the settlement negotiations. Usu- on a wet court, and whether the USPTA insurance company covering each mem- ally a settlement will be made, based on had any guidelines for this. The County ber. If you have assistant professionals who ' the insurance company's estimate of fault, was being sued because a student had are not members of the Association, you +" the seriousness of the injury, the place slipped and hurt herself on a County tour might want to call the World Headquar- El' where the suit was brought, and the cost while taking a' lesson, and it was claimed ters to find out how you can secure cover- �a of defending the suit. The actual merits of that the reason was a wet and slippery ten- age for them." ADDvantage/December2000 13 �f! . CITY OF DIAMOND BAR` INTEROFFICE MEMORANDUM DATE: December 15, 2000 TO: Honorable Mayor Huff and Members of the City Council VIA: James DeStefano, Interim City Man FROM: Lynda Burgess, City Clerk SUBJECT: Council Committee Appointments At your meeting of December 19, 2000, consideration of new appointments to Council Committees will be discussed; therefore, attached is a copy of the current committee list for your perusalprior to the appointments being made. Attachment i CITY COUNCIL APPOINTMENTS (Effective 6-20-00) COMMITTEE -DELEGATE ALTERNATE California Contract Cities Association Chang Ansari (Board of Directors membership – COCAbylaws specify that voting delegate and alternate needs to be any City elected official) Sam Olivito, Exec. Dir., 10533 Paramount, Suite 100, Downey, 90241, 562-928-5533, FAX 562- 928-9557 Meets 3rd Wednesday of each month at 6:30 P.M. (social hour), 7:30 p.m., dinner, various restaurant locations of host City. Reservations required. California Joint Powers Insurance Authority O'Connor Ansari (Board of Directors membership - Delegate must be any elected official appointed by the Mayor. Alternate may be elected official or staff member) 8081 Moody St., La Palma, 90623, 800-229-2343, FAX 562-860-4992 General Board Committee meets annually each July - location to be announced CLOUT Ansari Chang (Board of Directors membership Delegate usually an elected official, but appointment of elected official not required—may be a staff member) c/o Upland Chamber of Commerce 433 N. Second Ave., Upland 91786, 909-931-4180, FAX 909-931-4184 Meets 4th Thursday of each month at 7:30 a.m., location to be announced Foothill Transit Zone Huff Chang Bill Forsythe, 100 N. Barranca #980, W. Covina, 91791,626-967-2274 Meets last Friday of each month at 8:00 a.m. at above address. Four -Corners Transportation' Policy Committee Group Huff Chang Robert Huff, Chairman - Meets as needed: Greater Los Angeles County Vector Control District MacBride (Appointment of Trustee -does not have to be an elected official. Appointment is for 2 -year term) 12545 Florence Ave., Santa Fe Springs, 90670, 562-944-9656 Meets 2nd Thursday at address above at 7:30 p.m. L.A. County' Sanitation District No. 21 O'Connor Ansari (Board of Directors Membership -Mayor is automatically delegate per Health & Safety Code Sec. 4730.1. Alternate is required to be an elected official whose appointment is confirmed by City Council action) Rev. December 15, 2000 CITY COUNCIL APPOINTMENTS (Contd.) (Effective 6=20-00) Charles Carry, Chief Engineer & Gen. Mgr:, 1955 Workman Mill Rd., Whittier 90601-4998 Mailing: P.O. Box 4998, Whittier 90601-4998, 562-699-7411 x1500 Meets 4th Wednesday of each month at 1:30 p.m. at District Office Lanterman Community Advisory Committee (State)Herrera Huff Carol Herrera/Ruth Maples, Co -Chair - Meets as needed. L.A. County City Selection Committee O'Connor Ansari (Board of Directors membership Mayor and Mayor Pro Tem are automatically designated as Delegate and Alternate, respectively) Larry J. Monteilh, Secretary, 383 Hall of Administration, 500'W. Temple St., Los Angeles, 90012, 213-974-1431 Meets: After the League of Calif. Cities -,L.A. County Division Meeting - (Approx. 8:30 p.m.) League of Calif. Cities - L.A. County Division Herrera Chang (Board of Directors membership Delegate and alternate must be elected officials. Mayor does not have to be appointed) Jack O'Neil, Exec. Dir., 602 E. Huntington Dr., Ste. C, Monrovia 91016, 626-305-1315, FAX 626- 305-1345 Meets 1st Thursday of each month at 6:30 p.m. at Almansor Court, 700 S. Almansor Street, Alhambra San Gabriel', Valley Council of Governments Herrera Huff (Board of Directors membership Delegate and alternate must be elected officials. Adoption of a resolution confirming the appointment is usually made at the next City Council meeting) Nicholas Conway, Exec. Dir., c/o Arroyo Assoc., 3871 E. Colorado, Ste. 101, Pasadena 91107, 626-564-8700, FAX 626=564-1116 Meets 3rd Thursday of each month at 6:30 p.m. at various locations. Executive Session 5:00 p.m. San Gabriel Valley Economic Partnership of Commerce & Cities Ansari Herrera (Board of Directors membership= cities may decide who delegate and alternates are. It is desirable that delegate be an elected official, but a staff member may be appointed in lieu of elected official) 4900 Rivergrade Rd., Bldg., 515, Ste. A3, Irwindale 91706, 626-856-3400 FAX 626 —856-5115 Southern California Assn. of Governments (SCAG) Chang Ansari (Board of Directors membership - Delegate and alternate must be elected officials but there is no requirement that delegate be the Mayor) (Appointment to SCAG District 37 [Ansari} is not contingent on Rev. December 15, 2000 appointment as delegate or alternate by the City) Main Office, 818 W. 7th St., 12th Floor, Los Angeles, 90017, 213-236-1800, FAX 213-236-1825 Eileen Ansari, Representative for Dist. 37 General Assembly meets annually each March - location to be announced Tres Hermanos Conservation Authority Huff/HerreraAnsari c/o City of Diamond Bar, James DeStefano, Interim Executive Director Wildlife Corridor Conservation Authority(WCCA) O'Connor Huff (Board of Directors Membership — Council may appoint anyone) Joseph Edmiston, Executive Director, Contact: Jennifer Schlotterbeck 5810 Ramirez CanyonRoad, Malibu, 90265 310-589-3230 x 137 Wildlife Corridor Conservation Authority Advisory Committee MacBride/R.J. Wi/lkorhm Rev. December 15, 2000 CITY COUNCIL STANDING COMMITTEES (Effective 6-20-00) (Meet As Needed) Finance Herrera/O'Connor Cable TV Franchise Chang/Herrera Census 2000 O'Connor/Chang City Council Goals/City Manager Evaluation O'Connor/Ansari City on Line Technical Huff/O'Connor Community/CivicCenter Task Force Huff/O'Connor Community' Coordinating Committee Huff/O'Connor D.B. Community Foundation O'Connor Economic Development O'Connor/Ansari Lanterman Community Advisory Committee (City) Herrera/Huff Legislative Herrera/Chang - Redevelopment Huff/Chang Sister City Ansari/Herrera Sphere of Influence/Annexation Chang/O'Connor CITY COUNCIL AD HOC COMMITTEES (Effective 6-20-00) (Meet as Needed) Code Enforcement Chang/O'Connor Industry East Development Advisory Committee O'Connor/Huff PUSD/City Chang/O'Connor Solid 'Waste Huff/O'Connor WVUSD/City Herrera/Huff CITY COUNCIL LIAISON (Effective 6-20-00) Chamber of Commerce` Liaison Chang/Ansari City Anniversary Liaison O'Connor/Ansari Senior Citizen Liaison Ansari/Herrera Water Policy Ansari Rev. December 15, 2000 GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT 2000 BOARD OF TRUSTEES DISTRICT NIANAGER Jack Hazelrigg, Ph.D. PRESIDENT Al Castillo. Santa Fe Springs VICE PRESIDENT Rose Buscigho, Los Angeles City 1�lOVeml)er 13 2000 SECRETARY TREASURER , Harvey Paskow, Burbank ARTESIA Honorable Mayor and Ronald H. Oliver Members of the City Council BELL City of DiamondBar ELLELOWER Ii �' nssen BELLFLOWER 21660 East Copley Drive, Suite 100 .. Ray r Smith Diamond Bar, California 91765 BELL GARDENS Joaquin Pendia CARSON Honorable Body: Kay colas CERRITOS Alex H Beanum As you are, probably aware, Dexter MacBride's service as Trustee representing the City of Diamond Bar COMMERCE expires in January 2001. Mr. MacBride has been the City's representative on the District's Board of Trustees Sjlvia Munoz CUDAHV for the past 8 consecutive years Arid steed an lltstanding 4 consecutive two-year terms. 'He has an Mcvon Lent exceptional attendance as weltas�servlce record. 'I#e beneilt DIAMOND BAR of the District is indebted to mucrl of his singular Dexter n. MacBride and selfless activity: as a'*3tee In 1999, he served with'ekinction as the District's Board President. DOWNEY� �. r GARDElNA Perkins In his many years d ervice, `Mc MacBnde Sias served on most dibe District's standing committees and has Donald Dear chaired several.of the mare`important'ones,'particiilarly t ie blicy, Budget and Financial, and Building and GLENDALE Relocation Committees. Presently, he is a member of the Audit, Legislative, Policy, and Education and JoeMandoky Pllbh HAWAIIAN GARDENSdit y-GommttteeS. Last year, Mr: MacBride chaired a special ad hoc "Futures Committee" that was Betty J. Schultze important in assisting staff in developing the District's envisioned strategic plan. This year, as Chairperson of HTON PARK Thomas E. Jackson the EdliC$tlOn and Publicity:Committee; it is extremely important that he continue directing this Committee Thomas LA HABRA HEIGHTS next year to"g the District's prodigious and expensiVej project of developing a mobile .Jim Remington 3 education unit �r. MacBride has. served invaluably on several occasions as a member of an LAKEWOOD y } Marc Mel nntervieW anel p � u � el�tkey District staff positions. Each time, Mr. MacBride gave of his time LSMIRADA, selflessly, willmg t� l tically. SteweJones � LONG BEACH Joy Dowell Mr.' MacBrid iongst his board colleagues. During meetings, he actively participates as a LOS ANGELES COUNTY x° Jae Burk member, sensibly objectiveirdiscussing issues, •He -has an extraordinary ability of proposing LYYNWOODnclae mutually agreeable sahitraits and resolutions; to problems mattergt Mr. MacBride: is a strong advocate of the RicMAYWOOn District's importances a public health guashan lag ffey, not onlyo'the City of Diamond Bar but to the Salvador C.onrreras District's entire service In unity:: He cotit`. to suppon��ies and decisions that have expanded the MONTEBELLO scope and improved the fl tion and efficiency of thisrageitt�y.R Several years ago, he was instrumental in Norma Lopez -Reid NORWALK affecting revenue generating Processes �thaiblee District to continue to serve the Diamond Bar Chert Kelley COnllllilllity Well Into the future. PARAMOUNT Ifpnry HarkemJ PICO RIVERA Els District Manager, iI is,a pfivilege and honor to.hava *Nir.1�r►„acB:ide :.q a Trustee. His service as trustee E.A. ERNARamtrez representative for the Ci of Diamond Bar is exemplary. �y SAN FERNA.NDO � tY p ary. Because of his extraordinary service dedication. to CmdyMontanez excellence, and desire to serve his community and the District, 1 urge, and.strongly recommend, that you SAN MARINO reappoint him for another term as your City representative.. According to the State Health and Safety Code, Dr. SeYao Hsu SANTA CLARITA you may consider his reappointment term for 4 rather than 2 years. Janice H. Heidi SIGNAL HILL DrHazel Wallace Most respectfully, i SOUTH EL MONT Raul Pardo SOUTH GATE ` Bill DeWitt WHITTIER Dave Butler J k Hazelrigg District Manag 'Ile DISTRICT HEADQUARTERS NORTH HOLLYWOOD BRANCH 12545 Florence Avenue, Santa Fe Springs, CA. 90670 12741 Saticoy` Street, North Hollywood, CA 91605 Headquarters Office (562) 944-9656 Fax (562) 944-7976 Tel: (818) 764-2010 Email- Wacvector(a meci.com Website: wwwodacvector.ore Fax (818) 764-2968 C(+ p7[��j pA CALIFORNIA GOVERNMENTAL AGENCY PROF Pl COhmugo_�4LSMFORT ANOWELF.ARE THROUGHEFFECTIVE AND RESPONSIVE VECTOR CONTROLSINCE 1952 TO: Honorable Mayor and Members of the City Council MEETING DATE: December 19, 2000 REPORT DATE: December 14, 2000 FROM: James DeStefano; Interim City Manager TITLE: OF ORDINANCE NO. XX (2000) "AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE" SUMMARY: The State Water Resources Control Board (Board) received a petition for review of the actions and failures to act on the part of the Regional Water Quality Control Board (Regional Board) on February 25, 2000; from a number of cities and co -petitioners concerning the Standard Urban Storm Water Mitigation Plan (SUSMP). The Board subsequently held a hearing on June 7 and 8, 2000 to receive testimony and draft an order related to the petitioners' filing. On October 5, 2000, the Board issued the final order concerning SUSMP that extended the deadline for storm water permittees to adopt ordinances implementing SUSMP requirements from September 8, 2000 to January 15, 2001, and for effective dates of the final SUSMP requirements from October 8, 2000 to February 15, 2001. In spite,of the changes and modificationsdirected by the Order, the SUSMP requirements remain controversial in that certain new developments must take action to treat, i.e., remove pollutants, from the first 0.75 -inch of rain that falls on the site. It is noted that the City Council passed Resolution No. 2000-12 on February 15, 2000, supporting the aforementioned petition to the Board contesting the Regional Board's action on the SUSMP. However, with the Board's Order the City must now enact its ordinance and implement the SUSMP; and the ordinance herein incorporates the SUSMP requirements into the City Code by reference as well as by specific additive provisions. The specific modifications to the Municipal Code are described in the attached staff report. RECOMMENDATION: That the City Council approve the first reading by title only and waive full reading of Ordinance No. XX (2000) of the City Council of the City of Diamond Bar Amending the Storm Water and Urban Runoff Pollution Control Ordinance to Provide Storm Water Pollution Control For Planning and Construction of New Development and Redevelopment Projects and Amending the Diamond Bar Municipal Code. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution _ Bid Specification X Ordinance Other EXTERNAL DISTRIBUTION SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance, or agreement been reviewed? X Yes _ No 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A _ Yes _ No 4. Has the report been reviewed by a Commission? N/A _ Yes _ No Which Commission? 5. Are other departments affected by ,the report? N/A _ Yes _ No Report discussed with the following affected departments: WE JaWes DeStefanoG Liu Interim City Manager Director of Public Works CITY OF DIAMOND BAR STAFF REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: December 19, 2000 REPORT DATE: December 14, 2000 FROM: James DeStefano, Interim City Manager TITLE: OF ORDINANCE NO. XX (2000) "AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STOM WATER POLLUION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND AMENDING THE DIAMOND BAR MUNICIPAL CODE" Background The City is a permittee under the National Pollutant Discharge Elimination System (NPDES) permit issued by the Los Angeles Regional Water Quality Control Board (Regional Board). This 'permit allows discharge of storm water from non -point sources into the rivers and oceans under controlled conditions.As the local agency in charge of development and planning, the City must comply with the pen -nit or be subject to fines.` The permit has-been revised by the Regional Board with modifications ordered by the State Water Resources Control Board (Board), its parent agency. This staff report provides information about the Standard Urban Storm water Mitigation Plan (SUSMP), the City's position related to SUSMP, the proposed amendments to the City Code, and the SUSMP itself. Discussion The current permit, which expires on June' 30, 2001, requires development and implementation of a Standard Urban Storm Water Mitigation Plan (SUSMP), which specifies best management practices (BMPs) that must be used by developers in specified new developments to prevent storm water pollution. The SUSMP is the latest addition to the storm water permit that has included the following model plans: public agency' activities, illicit connections and discharges, development, development planning, and construction activities. The development planning program„ approved on February 11, 1999 is the basis of the SUSMP. The SUSMP ensures that storm water management considerations are integrated into planning, permitting, and construction of all projects that require discretionary approval. In cases, BMP's would be incorporated into design plans to address storm water issues. The SUSMP was first proposed back in August 1999,' but was revised unilaterally over the objections of the permittees by the Regional Board and approved on March 8, 2000. The effective date of the implementation of the SUSMP by permittees was originally slated for October 8, 2000. The specific objections of the permittees related to numerical limits imposed by the Regional Board and additions to covered activities including retail gasoline outlets, environmentally sensitive areas and parking lots. The City resolved to join with the City of Signal Hill to oppose the SUSMP with a petition to the State Water Resources Control Board. This petition was considered in a formal ruling, and the Board issued an Order dated October 5, 2000, that deferred co -permittee actions until January 15, 2001, and that modified the SUSMP' to delete certain onerous provisions. The City is bound by the permit to implement the provisions of the Board's Order. Staff Report to City Council, December 19, 2000 2 The SUSMP as revised establishes that certain new discretionary project types as listed below shall be required to have a Storm Water Mitigation Plan: • Single-family hillside residences • One hundred thousand or more square foot commercial developments Automotive repair shops • Restaurants • Home subdivisions with 10 to 99 housing units • Home subdivisions with 100 or more housing units • Parking lots of 5,000 square feet or more area or with 25 or more parking spaces and potentially exposed to storm water run off (i.e., no roofing) Redevelopment projects that result in creation or addition of 5,000 square feet of impervious surfaces. Any new developments and redevelopments in these categories must implement BMPs to capture the first 0,75 inch of rainfall and treat this water to remove regulated contaminants. The City is responsible to require developers to incorporate these requirements into their project plans, and must conduct inspections. Following, property owners must properly maintain BMPs and the City must inspect the projects on an as -needed basis to assure compliance. A requirement for funding (or "storm drain fee") by project proponents who receive waivers from the SUSMP requirements was deleted. The proposed ordinance is attached as Exhibit A. Financial Summary The costs of implementing the provisions of the proposed ordinance are not fully known; however, they are considered less than the potential fine from the Regional Board ($10,000 per day). The costs will be borne by the City in terms of additional inspections, and by the public in terms of implementing the various BMPs, the plans, and maintenance. If a property owner defaults on his or her obligations, the City may be responsible under the permit to undertake the monitoring and inspection activities. Recommendation That the City Council approve the first reading by title only and waive full reading of Ordinance No. XX (2000) of the City Council of the City of Diamond Bar Amending the Storm Water and Urban Runoff Pollution Control Ordinance to Provide Storm Water Pollution Control For Planning and Construction of New Development and Redevelopment Projects and Amending the Diamond Bar Municipal Code. Prepared by: David G. LfW. Michael Huls ORDINANCE NO: AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE STORM WATER AND URBAN RUNOFF POLLUTION CONTROL ORDINANCE TO PROVIDE STORM WATER POLLUTION CONTROL FOR PLANNING AND CONSTRUCTION OF NEW DEVELOPMENT AND REDEVELOPMENT PROJECTS AND: AMENDINGTHE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Section 8.12.1630 of Title 8 Division 5 of the Diamond Bar Municipal Code is hereby amended by adding thereto a new subparagraph (d) to read as follows: "(d) This Chapter also sets forth requirements for the construction and operation of certain "Commercial Development," "New Development" and "Redevelopment" and other projects (as further defined herein) which are intended to ensure compliance with the storm water mitigation measures prescribed in the current version of the Standard Urban Storm Water Mitigation Plan (SUSMP) approved by the Regional Water Quality Control Board -Los Angeles Region, and on file in the office of the City Clerk of this City. This Chapter authorizes the Authorized Enforcement Officer to define` and adopt applicable Best Management Practices and other storm water pollution control measures, to grant waivers from SUSMP requirements, as provided herein, to cite infractions and to impose fines pursuant to this Chapter. Except as otherwise provided herein, the Authorized Enforcement Officer shall administer, implement and enforce the provisions of this section." Section 2. The first (preamble) paragraph of Section 8.12.1640 of Title 8, Division 5 of the Diamond Bar Municipal Code is hereby amended to read as follows: - "Except as specifically provided herein, any term used in this Chapter shall be defined as that term is defined in the current Municipal NPDES Permit, or in the current version of the Standard Urban Storm Water Mitigation Plan ("SUSMP") approved by the Regional Water Quality Control Board -Los Angeles Region, or if it is not specifically defined in either the Municipal NPDES Permit or the SUSMP,; then as such term is defined in the Federal Clean Water Act, as amended, and/or the regulations promulgated thereunder. If the definition of any, term contained in this ordinance conflicts with the definition of the same term in the current version of the SUSMP, then the definition contained in the SUSMP shall govern. The following words and phrases shall have the following meanings when used in this Chapter:" Section 3. Paragraph 3 of Section 8.12.1640 of Title 8, Division 5 of the Diamond Bar Municipal Code defining the term "Best management practices" is hereby amended to read as 12131\0002\635894.1 _ 1 _ follows: "Best Management Practices (BMP's)" means activities; practices, facilities; and/or procedures that when implemented to their maximum efficiency will prevent or reduce pollutants in discharges and any program, technology, process, siting criteria, operational methods or measures, or engineered systems, which when implemented prevent, control, remove, or reduce pollution. Examples of BMP's may include public education and outreach, proper planning of development projects, proper cleaning of catch basin inlets, and proper sludge- or waste -handling and disposal, among others." Section 4. Section 8,12.1640 of Title 8, Division 5 , of the Diamond Bar Municipal Code is hereby amended to add the following new definitions in appropriate alphabetical sequence: "Automotive Repair Shop" means a facility that is categorized in any one of the following Standard Industrial Classification (SIC) codes: 5013, 5014, 5541, 7532-7534, or 7536- 7539 (as amended). Commercial Development" means any development on private land that is not heavy industrial or residential. The category includes, but is not limited to: hospitals, laboratories and other medical facilities, educational institutions, recreational facilities, plant nurseries, multi - apartment buildings, car wash facilities, mini -malls and other business complexes, shopping malls, hotels, office buildings, public warehouses and other light industrial complexes. "Discretionary Project" is defined in the same manner as Section 15357 of the Guidelines For Implementation Of The California Environmental Quality Act contained in Title 14 of the California Code Of Regulations, as'amended, and means a project which requires the exercise of judgment or deliberation when the City decides to approve or disapprovea particular activity, as distinguished from situations where the City merely has to determine whether there has been conformity with applicable statutes, ordinances, or regulations. "Greater than (>) 9 unit home subdivision" means any subdivision being developed for 10 or more single-family or multi -family dwelling units. "Hillside" means property located in an area with known erosive soil conditions, where " the development contemplates grading on any natural slope that is twenty-five percent (251/16) or greater. "Infiltration" means the downward entry of water into the surface of the soil. New Development" means land disturbing activities; structural development, including construction or installation of a building or structure, creation of impervious surfaces; and land subdivision. 12131\0002\635894.1 - 2 - "One Hundred Thousand (100,000) Square Foot Commercial Development" means any Commercial Development that creates at least one hundred thousand (100,000) square feet of. impermeable area, including parking areas. 'Parking Lot" means land area or a facility for the temporary -parking or storage of motor vehicles used personally, for business or for commerce with a lot size of five thousand (5,000) square feet or more, or with twenty-five (25) or more parking spaces. "Redevelopment" means, on an already developed site, the creation or addition of at least five thousand (5,000) square feet of impervioussurfaces, as such term is defined in the current version of the SUSMP approved by the Regional Board. Redevelopment includes, but is not limited to the following activities that meet the minimum standards set forth in this definition: ' (1) the expansion of a building footprint or addition or replacement of a structure; (2) structural development, including an increase in gross floor area and/or exterior construction or remodeling; (3) replacement of impervious surface that is not part of a routine maintenance activity and (4) land disturbing activities related to structural or impervious surfaces. "Restaurant" means a stand-alone facility that sells prepared foods and drinks for consumption, including stationary lunch counters and refreshment stands selling prepared foods and drinks for immediate consumption. (SIC code 5812). "Retail Gasoline Outlet' means any facility engaged in selling gasoline and lubricating oils. "Source Control BMP" means any schedule of activities, prohibition of practices maintenance procedures, managerial practices or operational practices that aim to prevent storm water pollution by reducing the potential for contamination at the source of pollution. "Standard Urban Storm Water Mitigation Plan" or "SUSMP" means the current version of the Standard Urban Storm Water Mitigation Plan approved by the Regional Board, and on file in the office of the City Clerk of this City, and the NPDES Permit models that have been approved by the Executive Officer of the Regional Board for implementation to control storm water pollution from New Development and Redevelopment or any project specifically identified in Section 8.12.1695(a). "Structural BMP" means any structural facility designed and constructed to mitigate the adverse impacts of storm water and urban runoff pollution (e.g. canopy, structural enclosure). Structural BMP's may include both Treatment Control BMP's and Source Control BMP's. "Treatment" means the application of engineered systems that use physical, chemical, or biological processes to remove pollutants. Such processes include, but are not limited to, filtration, gravity settling, media adsorption, biodegradation, biological uptake, chemical oxidation and UV radiation..` 12131\0002\635894.1 -3- F- ----- - treatment control BMP maintenance until such time, if any, the property is transferred. C. Issuance of Discretionary Permits. No Discretionary permit maybe issued for any New Development or Redevelopment Project identified in paragraph a. of this Section until the Authorized Enforcement Officer confirms that either (1) the project plans comply with the - applicable SUSMP requirements, or (2) compliance with the applicable SUSMP requirements is impracticable for one or more of the reasons set forth in paragraph a regarding issuance of waivers. Where a Redevelopment project results in an increase of less than fifty (50%) percent of the impervious surfaces of a previously existing development, and the existing development did not require a SUSMP at the time the last Discretionary approval was granted by the City, the Design Standards set forth in the SUSMP will apply only to the addition, and not to the entire development. d. Issuance of Certificates of Occupancy. As a condition for issuing a Certificate of Occupancy for New Development or Redevelopment Project identified in paragraph a. of this Section, the Authorized Enforcement Officer shall require facility operators and/or owners to build all the storm water pollutioncontrol Best Management Practices and Structural or Treatment Control BMP's that are shown on the approved project plans and to submit a signed Certification Statement stating that the site and all Structural or Treatment Control BMP's will be maintained' in compliance with the SUSMP and other applicable regulatory requirements. e. Granting of Waiver. The Authorized Enforcement Officer shall have the authority to grant a waiver to a Development or Redevelopment Project from the requirements of the SUSMP, if impracticability for a specific property can be established by the project applicant. A waiver of impracticability may be granted only when all Structural or Treatment Control BMP's have been considered and rejected as infeasible. Recognized situations of impracticability are limited to the following, unless approved by the ,Regional Board: 1. Extreme limitations of space for treatment on a Redevelopment project; 2. Unfavorable or unstable soil conditions at a site to attempt infiltration; and 3. Risk of ground water contamination because a known unconfined aquifer lies beneath the land surface or an existing or potential underground source of drinking water, is less than ten' (10) feet from the soil surface. f. Transfer of Properties Subiect to Reguirement for Maintenance of Structural and Treatment Control BMP's.' 1. The transfer or lease of a property subject to a requirement for maintenance of 12131\0002\535894.1 - 5 Structural and Treatment Control BMP's shall include conditions requiring the transferee and its successors and assigns to either (a) assume responsibility for maintenance of any existing Structural or Treatment Control BMP or (b) to replace an existing Structural or Treatment Control BMP with new control measures or BMP's meeting the then current standards of the City and the SUSMP. Such requirement shall be included in any saleor lease agreement or deed for such property. The condition of transfer shall include a provision that the successor property owner or lessee conduct maintenance inspections of all Structural or Treatment Control BMP's at least once a year and retain proof of inspection.` 2. For residential properties where the Structural or Treatment Control BMP's are located within a common area which will be maintained by a homeowner's association, language regarding the responsibility for maintenance shall be included in the project's conditions, covenants and restrictions (CC&R's). Printed educational materials will be required to accompany the first deed transfer to highlight the existence of the requirement and to provide information on what storm water management facilities are present, signs that maintenance is needed,, and how the necessary maintenance can be perforined. The transfer of this information shall also be required with any subsequent sale of the property: 3. If Structural or Treatment Control BMP's are located within an area proposed for dedication to a public agency, they will be the responsibility of the developer until the dedication is accepted. g. CEQA. Provisions of this section shall be complimentary to, and shall not replace, any applicable requirements for storm water mitigation required under the California Environmental Quality Act." Section 6. Section 8.12.1700(a)(1) of Title 8, Division 5 . of the Diamond Bar Municipal Code is amended to read as follows: "1. Any condition <caused 'or permitted to exist in violation of a. Any of the provisions of this Chapter; or b. Any failure to comply with any applicable requirement of either the SUSMP or an approved Storm Water Mitigation Plan with respect to a property; or c. Any false certification or verification, or anyfailure to comply with a certification or verification provided by a project applicant or the applicant's successor in interest; or d. Any failure to properly operate and maintain any Structural or Treatment Control BMP on a property in accordance with an 12131\0002\635894.1 -6- i approved Storm Water Mitigation Plan or the SUSMP, is hereby determined to be a threat to the public health, safety and welfare, is declared and deemed ,a public nuisance; and may be abated or restored by any Authorized Enforcement: Officer, and a civil or criminal action to abate, enjoin or otherwise compel the cessation of such nuisance may be brought by the City Attorney." Section 7. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether, any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this day of 2000.' MAYOR ATTEST: City Clerk 12131\0002\635894.1 - 7 - CITY OF DIAMOND BAR AGENDA REPORT AGENDA NOV - Honorable Mayor and Members of the City Council MEETING DATE: December 19, 2000 REPORT DATE: December 14, 2000 FROM: James DeStafano, Interim City Manager TITLE: °Light°Emitting Diode (LED) Traffic Signal Conversion and Rebate Program SUMMARY: In September 2000, Southern California Edison (SCE) offered a cash rebate program to cities to encourage the retrofit of incandescent traffic signals ,with qualifying LED lamps/bulbs. The goal is to reduce peak period demand and be operational by June 1, 2001. This program rebates the city for the material/equipment costs. City staff submitted a reservation request on September 29, 2000 to reserve our funds. Forty-eight of the city's signals would be eligible for retrofitting. For a full rebate the equipment must be installed prior to June 1, 2001. A cost benefit analysis was completed by staff that indicates the City wouldbe able to replace its incandescent traffic signals with the LED lamps/bulbs, as well as to paint those needed signal heads concurrently. With the rebate that covers much of the material costs and the energy savings, the city would be able to r . recover the. costs m a period of approximately two years. RECOMMENDATION: That the City Council 1 appropriate funds from the ;unappropriated General Fund in the amount of $178,320 for the LED Traffic Signal Conversion and Rebate Program, and, 2) authorize the City Manager to execute ` the LED Traffic Signal Application/Contract for rebates in the amount of $121,927.92 with Southern California Edison. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) Bid Specification _ Ordinance(s) _ Other: Agreernent(s) EXTER SUBMITTAL NAL ,DI STRI B UTI O N: CHECKLIST: 1. Has the resolution, ordinance or agreement been N/A - Yes No reviewed by the City Attorney? 2. Does the report require a majority vote? Majority_ Yes No 3. Has environmental impact been assessed? NIA Yes No 4. Has the report been reviewed by a Commission? NIA _ Yes No Which Commission? 5. Are other departments affected by the report? N/A X Yes No Report discussed with the following affected departments: Finance _ REVIEWED BY: Da ' . Li Director of Public' Works CITY COUNCIL REPORT Agenda No. MEETING DATE: December 19, 2000 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Interim City Manager SUBJECT: Light Emitting Diode (LED) Traffic Signal Conversion and Rebate Program ISSUE STATEMENT: The City desires a cost effective Light Emitting Diode (LED) Traffic Signal Conversion and Rebate Program to conserve energy, save future energy costs, and beautify the City. RECOMMENDATION: That the City Council 1) appropriate funds from the unappropriated General Fund in the amount of $178,320 for the LED Traffic Signal Conversion and Rebate Program, and, 2) authorize the City Manager to execute the LED Traffic Signal Application/Contract for rebates in the amount of $121,927.92 with Southern California Edison to reduce the up -front costs of the program. FINANCIAL SUMMARY: For Fiscal Year 2000-2001, there is no proposed budget for the conversion of Light Emitting Diode (LED) Traffic Signal Conversion. However, the California Energy Commission and the Utility Companies have seen the need for reducing energy demand and costs and have proposed programs for governmental agencies to accomplish this by June 1 2001. It is proposed that the City finance from the unappropriated General Fund the LED Traffic Signal Conversion and Rebate Program for the up -front costs associated with the program to change the existing red and green incandescent lamps/bulbs in 48 of its traffic signals and to concurrently repaint the traffic signal heads deemed in need. A cost benefit analysis using the California Energy Commission's worksheets was completed by staff that indicates the City would be able to replace its incandescent traffic signals with the LED lamps/bulbs and would recover the cost in a period of six years with the energy savings (See Attachment "1"). However, much of the up -front costs would be reduced by a rebate available to the City of Diamond Bar from Southern California Edison (SCE) payable at the completion of the project and inspection by SCE. This rebate then lowers the actual recovery costs to two years (See Attachment "2"). Currently, the utility bills/energy/maintenance costs for the traffic signals are paid with Gas Tax funds. The savings would free future Gas Tax allotments for other Public Works projects. Staff reviewed other options for this program including grants and loans by the California Energy 'Commission. The grant from the California Energy Commission is less for both material and labor than the offered rebate from Southern California Edison for only the material, and the costs associated with a loan would be more than income generated by the unappropriated General Fund monies plus City overhead costs. Page 2 Light Emitting Diode (LED) Traffic Signal Conversion and Rebate Program December 19, 2000 BA CKGROUND/DIS CUSS ION: In September` 2000; Southern California Edison (SCE) offered a cash rebate program tocitiesto encourage the retrofit of incandescent traffic signals with qualifying LED lamps/bulbs. The goal is to reduce peak period demand and be operational by June 1, 2001. This program rebates the city for the material/equipment costs. City staff submitted a reservation request on September 29, 2000 to reserve our funds. Forty-eight of the city's signals would be eligible for retrofitting. As part of the specifications for the upcoming left -turn signals at Diamond Bar Boulevard/Sunset Crossing Road and Golden Springs Drive/Lemon Avenue, the intersections will be retrofitted with LED lamps/bulbs. For a full rebate the equipment must be installed prior to June 1, 2001. After June 1, 2001 the rebate is cut by fifty percent. Additionally, on November 2, 2000, the California Energy Commission distributed a program' opportunity notice for the Innovative Efficiency and Renewables Peak Load Reduction Program that provides grants and/or loans to encourage public agencies es to reduce ` peak period electricity demand by June 1, 2001. These monies have become available with the passage of Assembly Bill 970. The Light Emitting Diode (LED) Traffic SignalConversion Program is one program element applicable to the City of Diamond Bar that reduces electricity demand by using less' wattage and therefore reducing energy costs. What is Light Emitting Diode(LED) Basically, Light Emitting Diode (LED) is a bulb technology that has been developed and that uses up to 85% less energy than the conventional incandescent bulb. Caltrans has been working with manufacturers over the last fewears to bring a product to the market that is effective for brightness Y P gh and visibility in traffic signals. Rigid testing was also performed to ensure these products complied with Caltrans LED Traffic Signal Performance Specifications. Caltrans has published a list of approved lampsibulbs and vendors for cities to use in the replacement program. Diamond Bar would use the supplier, Synchronex, and the product, Ecolux, for LED replacement lamps/bulbs. Staff discussed this product with other cities and the city's maintenance contractor, Signal Maintenance Incorporated rp and concurs it to be of the highest .quality available. Technically, LED's are semiconductors that emit electromagnetic energy coincident with the change g of energy state at the diode junction. Simply put, these are miniature light t that uses less energy and because of that the life of the bulb is also extended. The use of LED traffic lamps/bulbs result in: ➢ A reduction in energy costs by reducing the overall utility bill and electrical demand load ➢ Environmental issues include the saving of fossil fuel required to produce energy Page 3 Light Emitting Diode (LED) Traffic Signal Conversion and Rebate Program December 19, 2000 ➢ Extended lamp life (from 6 to 10 years depending on field conditions) versus one year for incandescent lamps ➢ Less lamp replacement equates to less maintenance and cost Proposed Program It is proposed that the, City Council approve a budget adjustment from the unappropriated General Fund to finance the up -front costs associated with a program to change the existing red and green incandescent lamps/bulbs in 48 traffic signals. Three Pedestrian signals are also proposed. Currently, most of the city's pedestrian signals are neon, not incandescent. Staff is not recommending the replacement of yellow lamps/bulbs since the costs exceed the benefits or savings. There is no rebate on yellow lamps/bulbs at this time. Only the yellow flashing lamp/bulb is on the rebate list. A cost benefit analysis was completed by staff using the California Energy Commission spreadsheets. The estimated cost saving per year for the proposed replaced lamps/bulbs is $31,280. The total cost of the replacement program including the repainting of the traffic signal heads would be $178,320. The project cost divided by the cost savings per year indicates that the city would recover the cost in a period of six years with the energy savings. A painting inventory of the traffic signals was performed, and it is estimated that the cost for repainting the heads most needing done, and those possibly needing done is approximately $19,000. Signal Maintenance Incorporated would do the painting concurrently with the installation of the LED lamps/bulbs. Staff has included the cost of additional lamps/bulbs and a contingency amount in a the total project costs for another $1000 for a total of $20,000. e Rebate Comparison Information The California Energy Commission Grant is not available to cities that will obtain rebates from the Utility Company. Though they cover both material and labor the rebate is less. The following table shows the benefit of using the SCE rebate over a grant from the California Energy Commission: Lamp/Bulb Type Southern California Edison California Energy Commission 12" red ball $ 65 $ 50 8" red ball $ 65 $ 40 12 red arrows $ 65 $ 50 12" green ball $175 $100 8" geen ball $175 $'80 12 green arrow $175 $ 70 Pedestrian hand 1 $ 25 $ 25 Page 4 Light Emitting Diode (LED) Traffic Signal Conversion and Rebate Program December 19, 2000 The rebates cover the cost of the materials only and do not cover shipping, handling, or sales tax. The project including repainting of heads will be recovered in two years when the rebate is applied to the up -front costs (See Attachment"2 page 2). The total rebate is estimated at $121,927.92. Southern California Edison Rebate Application/Contract 1. Staff has reserved these funds in September 2000. 2. A signed contract from the City for confirmation of the reservation. Once the up -front funds are approved, the material can be ordered and Diamond Bar can be scheduled for installation. CONCLUSION With the availability of funding and qualifying LED's, the program will reduce our energy and maintenance costs. Therefore, staff recommends approval. Prepared by: David G. Liu, Director of Public Works Linda Kay Smith, Development Services Assistant d d S s �11s lC V LL aDi ¢ Q J W 3�. m m .3 11 II N O G Cl w o cin O o o E 00 U E C N � N c v 7G d O M W � C + 16 � a Cl d—y Ur Q We O O. £ 0 M 0 LL= 3 i GlE v 3 d r G N �m i `° U V c O tCC 9L cc L O. 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W ICOM 00 6e, 6% 63 40 d N .. 6s t{} fn ifa to #3 N: p U W :] a � y E� N '0 made fA C W O N a.LL u co v W 7 fq 0-c im w c C VO m 3r��wE CL O m p J 7 f P .. N 0!•L. •� /q Y, 3 N r"W W Nr NMNMO OO N L J. N O r p MW $ .9 LI V+ 0 'O coa,0v y U.0,0.0 0 0 t0 J Q n e a n M NLL tfi N T N c0 N O N NB N W E 10 v J 0aWW' cs C OEEE"=°, o w a aaa d a> a> ccc aa m m 33333 0000 O m >- 'U ~ m 0(DC3 m m C.a N 41 O O } ,y L) U w W m �vm;,. o e c cr.0 Z W CL Z O F- a' Z W W W F F- CS. 3 L 3 Z O U d cccecE W..,LL Cn W 2 U�Z N r'oD�rau�r�N O N O N N m O N0a Q. LL, ZO Q w 7.377.7.7 ..� L " N N: r�N Z G V i c°rc°�'U v v° V ,- a Y, Z LU CL 'via a w ._,C4 tei'(d 1: CALL TO ORDER: Chairman Huff called the meeting to order at 8:55 p.m. in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Agency Members Ansari, Herrera, O'Connor, Vice Chairman Chang and Chairman Huff. Also present were: James DeStefano, Interim Executive Director; Mike Jenkins, Agency Attorney; David Doyle, Deputy City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, Agency Secretary. REORGANIZATION OF THE REDEVELOPMENT AGENCY: 1. Selection of Chairman. AM/O'Connor nominated VC/Chang. AM/Ansari seconded the nomination. AM/Chang was declared Chairman of the Redevelopment Agency by acclimation. 2. Selection of Vice Chairman. AM/Herrera nominated AM/Ansari. There were no other nominations offered. AM/Ansari was declared Vice Chairman by acclimation. 3. Presentation to outgoing Chairman Huff by Chair/Chang. 2. PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: VC/Ansari moved, AM/Huff seconded,, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Herrera, Huff, O'Connor; VC/Ansari, Chair/Chang NOES: AGENCY MEMBERS None ABSENT: AGENCY MEMBERS - None 3.1 APPROVED MINUTES - Regular Meeting of November 21, 2000 - As submitted. 3.2 APPROVED VOUCHER REGISTER - dated December 5, 2000 in the amount of $148,229.03. 3.3 REVIEWED AND APPROVED TREASURER'S REPORT - for October 2000. r ° DECEMBER 5, 2000 PAGE 2 REDEVELOPMENT AGENCY 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: VC/Ansari asked how long the Redevelopment Agency would continue to meet since it no longer exists. AA/Jenkins responded that while D.B. does not have a Redevelopment Plan, the Redevelopment Agency continues to exist. Until any and all matters pertaining to the Agency's financing have been completed, the Agency will continue to operate. Chair/Chang would like to look into development of a strategic plan with a new funding source, which can be used to revitalize commercial areas of D.B. ADJOURNMENT: There being no further business to conduct, Chair/Chang adjourned the meeting at 9:04 p.m: LYNDA BURGESS, Agency Secretary ATTEST: Wen Chang, Chairman v CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Pro. Tem Herrera and Council Member O'Connor FROM: Linda G. Magnuson, Finance Director SUBJECT: Voucher Register, December 21, 1999 DATE: December 15,1999 Attached is the Voucher Register dated December 21, 1999. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the: Consent Calendar. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. DIAMOND BAR REDtQtL.C10AENT AGENCY VOUCHER REGISTER APPROVAL The attached luting of vouchers darted December 19,,-2000have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following ,funds in these amounts FUND DESCRIPTION PREPAID VOUCHERS TOTAL 610 REDEVELOPMENT AGENCY ' FUND . 00 1,089.77 1,OS'9.77 REPORT FOR ALL FUNDS .00 1,089.77 1,089.77 APPROVED BY: Linda G. Matynu5on filen Chang Finance Director Chairman j Ja +es De'Ste ano Eileen R. Ansari Interact, Executive Director Vice Chairman DIAMOND BAR REDEVELOPMENT AGENCY x Y . RUN DATE: 12/14/2000 10:Si:14 WEER REGISTER PAGE: 1 DLA Tii: 12/19/2�D44 PREPAID FW/SECT-ACCT-PMaT-ACCT 'PO 4 INVOICE DESCRIPTION AWNT , DATE UM CONN & ASSOCIATES 6107110-44414-- A10166 3470 AUDITING SVM -RDA 504.04 TOTAL PREPARES .00 TOTAL YOUDERS 504.E OTAL DUE VENA 504.00 LINSCOTT LAW & MEEMPAN INC 6107120-46412 84940-46412 10656 14 TRFFC MN-G/S/GRAN+! 9.64 6107114-46412-RO900-45412 9469 14 TRFFC DSGN-G/SPM/GRAND 275.40 6107110-46412-RO900-46412 10656 11 TRFFE M-G/S /GRAND 154.77 TOTAL PREPAIDS .40 TOM WHERE 439.77 TOTAL HE VEM)OR 439.77 STRALLING YUMA CfR1..S1Ij+f & RAUTH 6107110-44020-- 14639 LEGAL. SVCS - RDA 150.00 - TOTAL PREPAIDS .04 TOTAL VOUCHERS 150.00, TOTAL DUE VENDOR> - 154.1 s REBURY TOTAL PREPAIDS .04 REPORT TOTAL VDJDERS1,1139,71 REPORT TOTAL 1',039.77-' DuxuND BAR`REDEVELUPMENT AGENCY AGENDA REPORT AGENDA NO. ? TO: Honorable Chairman and Agency Board Members MEETING DATE: ` December 19, 2000 REPORT DATE: December 12, 2000 FROM: James DeStefano, Interim Agency Executive Director TITLE: Transmittal of Annual Financial Report and Final Audit Report for the year ended June 30, 2000, SUMMARY: The Agency's audit firm of Conrad and. Associates, L.L.P. has prepared the Fiscal Year 1999-2000 Annual Financial Statement and Independent Auditor's Report for the Redevelopment Agency. RECOMMENDATION: Receive and file the Fiscal Year 1999-2000 Annual Financial Statement and Independent Auditor's Report for the Redevelopment Agency. LIST OF ATTACHMENTS: Staff Report PublicHearingNotification Resolutions) Bid Spec (on file in City Clerk's Office) _�Ordinances(s) XX Other FY 99-00 Financial Statement, Audit Report Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes_ No 2. Does the report require'a majority or 4/5 vote? _ Yes_ No 3. Has environmental impact been assessed? _ Yes_ No 4. Has the report been reviewed by a Commission? _ Yes_ No 5. Are other departments affected by the report? T Yes_ No REVIEWED BY: J es'DeStefa o Davi A. Doyle Linda G. Magri son Interim Agency Executive Director Deputy Executive Director Finance Director DIAMOND BAR REDEVELOPMENT AGENCY Financial Statements Year ended June 30, 2000 TABLE OF CONTENTS Page- Independent Auditors' Report 1 Financial Statements: • Combined Balance Sheet - All Governmental Fund Types and Account Groups 2 • CombinedStatement of Revenues, Expenditures and Changes in Fund Balances - All, Governmental Fund Types 3 a Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types 4 •- Notes to the Financial Statements 5 Report on Compliance and on Internal Control Over Financial Reporting Based on an Audit of Financial Statements Performed ` In Accordance with Government Auditing Standards 9 CONRADAND CERTIFIED PUBLIC ACCOUNTANTS I ASSOCIATES, L•L.P. 1100 MAIN STREET, SUITE IRVINE, CALIFORNIA 926144 (949) 474-2020 Fax (949)263-5520 Board of Directors Diamond Bar Redevelopment Agency Diamond Bar, California INDEPENDENT AUDITORS' REPORT We have audited the accompanying financial statements of the Diamond Bar Redevelopment Agency, a component unit of the City of Diamond Bar, California as of and for the year ended June 30, 2000, as listed in the table of contents. These financial statements are the responsibility of the management of the Diamond Bar Redevelopment Agency. Our responsibility is to express ' an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining on a test basis, evidencesupporting the amounts and disclosures in the financial statements. An audit also includes` assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation.' We believe that our audit provides a reasonable basis for our opinion. In our opinion, the financial statements referred to above present, fairly, in all material respects, the financial position of the Diamond Bar Redevelopment Agency at June 30, 2000, and the results of its operations for the year then ended, in conformity with generally accepted accounting principles. In accordance with Government Auditing Standards, we have also issued a report dated September 22, 2000 on our consideration of Diamond Bar Redevelopment Agency's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations, contracts and grants. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. September 22, 2000 t MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MrnnRc2 nc AMFRK AN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION DIAMOND BAR REDEVELOPMENT AGENCY Combined Balance Sheet - All Governmental Fund Types and Account Groups June 30,2000 Governmental Fund Type Account Group Totals Capital General Long- (Memorandum Only) Project Term Debt 2000 1999 Assets and other debits Assets: Cash (note 3) $1,207,807 - 1,207,807 1,034,849 Interest receivable 11,921 - 11,921 45398 Due from other governments 731,781 - 731,781 830,246 Other debits: Amount to be provided for retirement of long-term debt; - 5,693,462 5,693,462 4,556,753 Total assets and other debits - 1 951 509 5.693.462 7,644,971 6.426.246 Liabilities and fund balance Liabilities: Accounts payable $ 46,960 - 46,960 19,161 Due to other governments 144,844 - 144,844 135,166 Developer payable (note 4) 1,683,041 - 1,683,041 1,683,041 Advances payable to the City of Diamond Bar (note 5) - 5,693,462 5,693,462 4,556,753 Total liabilities 1,874,845 5693,462 7,568,307 6,394,121 Fund balances: Unreserved: Designated for capital projects 76,664 - 76,664 _32,125 Total fund balances 76,664 - 76,664 32,125 Total liabilities and fund balance $19,51509 5;693.462 7,644.971 6.426.246 See accompanying notes to the financial statements 2 DIAMOND BAR REDEVELOPMENT AGENCY Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types - Year ended June 30, 2000 2000 1999 Revenues: Proceeds from sale of property $ - 6,095,931 Investment income 54,218 32,161 Total revenues 54,218 6,128,092 Expenditures: Administration 3;739 1,806 Professional fees 837,559 340,935 Interest 305,090 106,440 Cost of property sold - 9,462,013 Total expenditures 1,146,388 9,911,194 Excess (deficiency) of revenues over (under) expenditures -(1,092,179) 3 783 102 Other financing sources: . Proceeds of advances from City of Diamond Bar 1,136,709 3,815,227 Total other financing sources 1,136,709 3,815,227 Excess of revenues and other financing sources over expenditures 44,539 32,125 Fund balance at beginning of year 32,125 Fund balance at end of year 76,664 32.125 See accompanying notes to the financial statements. 3 DIAMOND BAR REDEVELOPMENT AGENCY Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - All Governmental Fund Types Year ended June 30, 2000 Capital Project Variance- -Favorable 1999 Budget Actual (Unfavorable) Actual Revenues: Proceeds from sale of property $ - - - 6,095,931 Investment income - 54,218 54,218 32,161 Total revenues - 54,218 54,218 6,128,092 Expenditures: Administration 29,500 3,739 25,761 1,806 Professional fees 2,000,056 837,559 1,162,497 340,935 Interest - 305,090 (305,090) 106,440 Cost of property sold :` - - - 9,462,013 Total expenditures 2,029,556 -1,146,3$8 883,168 9,911,194 Excess (deficiency) of revenues over (under) expenditures (2;029,556 C1,092,170) 937,386 (3,783,102 Other financing sources: Proceeds of advances from City of Diamond Bar 1,592,306 1,136,709 (455,597 3,815,227 Total other financing sources1,592,306 1,136,709 455-597 3,815,227 Excess (deficiency) of revenues and other financing sources over (under) expenditures (437,250) 44,539 481,789 32,125 ]Fund balance at beginning of year 32,125 32,125 - Fund balance (deficit) at end of year L405,125 76,664 481.789 32,125 See accompanying notes to the financial statements. 4 nn. DIAMOND BAR REDEVELOPMENT AGENCY Notes to the Financial Statements Year ended June 30, 2000 Summary of Significant Accounting Policies The following is a summary of the significant accounting, policies of the Diamond Bar Redevelopment Agency (Agency): (a) Fund Accounting The basic accounting and reporting entity is a "fund". A fund is defined as an independent fiscal and accounting entity with a self -'balancing set of accounts, recording resources, related liabilities, obligations, reserves and equities segregated for the purpose of carrying out specific activities or attaining certain objectives in accordance with special regulations, restrictions or limitations. The accounting records of the Agency are organized on the basis of funds and account groups classified for reporting purposes as follows: Governmental Funds Capital Project Fund The Capital Projects Fund is used to account for the financial activities for the development of redevelopment project areas, including acquisition of properties, cost of site improvements, other costs of benefit to the project areas and administrative expenses incurred in sustaining the Agency. Under provisions of the Health and Safety Code this fund is referred to as the "Redevelopment Fund". Account Group - General Long -Term Debt Account Group The General Long -Term Debt Account Group is used to account for the unmatured principal of the Agency's general long-term debt in a separate self -balancing group of accounts. The proceeds of the indebtedness is recorded in the Capital Projects (Redevelopment) Fund and serves as a financing source for redevelopment expenditures. (b) Basis of Accounting The Agency's financial statements are presented on the modified accrual basis of accounting. Under the modified accrual basis of accounting, revenues are considered susceptible to accrual iwhen they become both measurable and available. "Available" means collectible within the current period or shortly thereafter to be used to pay liabilities of the current period. Expenditures are recorded when the related liabilities are incurred. 5 DIAMOND BAR REDEVELOPMENT AGENCY Notes to the Financial Statements (Continued) Summary of Significant Accounting Policies, iggritinued) (c) Relationship to the City of Diamond Bar The Diamond Bar Redevelopment Agency is an integral part of the reporting entity of the City of Diamond Bar. The fund and account group of the Agency have been included within the scope of the financial statements of the City because the City Council of the City of Diamond Bar is the governing board and exercises. oversight responsibility over the operations of the Agency. Only the fund and account group of the Agency are included herein, therefore, these financial statements do not purport to represent the financial position or results of operations of the City of Diamond Bar, California. (d) Budgetary Information The Agency budget is adopted on a basis consistent with generally accepted accounting principles. The City Administrator is required to prepare and submit to the Agency's Board of Directors the annual budget of the Agency and administer it after adoption. Agency Board approvalis required for budget revisions that affect the total appropriations of the Agency. (e) Memorandum Only Totals Columns in i the accompanying financial statements captioned "Totals (Memorandum Only)" are not necessary for a fair presentation of the financial statements in accordance with generally accepted accounting principles, but are presented as additional analytical data.'Interfund balances and transactions have not been eliminated. Therefore, the data in this column does not represent consolidated financial information. (2) Creation of the Diamond Bar Redevelopment Agency` The City Council of the City of Diamond Bar passed, approved and adopted Ordinance No. 1 on February 6, 1996, declaring a need for a Redevelopment Agency to function in the City of Diamond Bar. The bylaws of the Agency were adopted by Resolution No. R- 96-01. The Agency was established pursuant to the Community Redevelopment Law of the State of California. 6 DIAMOND BAR REDEVELOPMENT AGENCY Notes to the Financial Statements (Continued) (3) Cash Cash and cash equivalents held by the Agency at June 30, 2000 consisted of the following: Fair Value Demand deposits 1 207.807 The Agency is generally authorized under Section 53601 of the California Government Code and the City of Diamond Bar investment policy to invest in demand deposits with financial institutions; savings accounts;certificates of deposit; negotiable certificates of deposit; medium term cooperate notes; money market funds; US Treasury securities; federal agency securities; bankers' acceptances; commercial paper; repurchase agreements and the Local Agency Investment Fund of the State of California. " Under the California Government Code, a financial institution is required to secure deposits made by state or local governmental units by pledging securities held in the form of an undivided collateral pool. The market value of the pledged securities in the collateral pool must equal at least 110% of the total amount deposited by the public agencies. California law also allows financial institutions to secure Agency deposits by pledging first trust deed mortgage notes having a value of 150% of the secured public deposits. Deposits Deposits of cities and other states or local governments are classified in three categories to give an indication of the level of custodial risk assumed by the entity at year end. Category 1 includes deposits that are insured or collateralized with securities held by the City or its agent in the City's name. Category 2 includes deposits collateralized with securities held by the pledging financial institution's trust department' or agent in the City's name. Category 2 also includes deposits collateralized by an interest in an undivided collateral pool held by an authorized agent of depository and subject to certain regulatory requirements under State law. Category 3 includes deposits collateralized with securities held by the pledging financial' institution, or by its trust department or agent but not in the City's name. Category 3 also includes any uncoilateralized deposits. ' Form of Investment 1 Category Bank Fair2 3 Balance Value Demand deposits $100,000 1,107,807' - 1,207,807 1,207,807 Total deposits R0100-00 11107 - 1.207.807 1,207,807 7 COMQ-vc,DAND CERTIFIED PUBLIC ACCOUNTANTS ASS O CIATES, L.L.P. 1100 MAIN STREET, SUITE C IRVINE, CALIFORNIA 92614 (949)'474-2020 Fax (949) 263-5520 Board of Directors Diamond Bar Redevelopment Agency Diamond Bar, California REPORT ON COMFLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASF fON AN AUDIT OF FINANCIAL S'TATEMENZS PERFORM EDIN ACCORDANCE TH GOVERIVMENTAUDITING STANDARDS We have audited the financial statements of the Diamond Bar Redevelopment Agency (Agency) as of 'd g an for Y) h year ended June 30 2 000 Y and have ' L s sued our report thereon dated September 22, 2000. We conducted our audit in accordance with generally accepted auditing standards and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the financial statements of the Diamond Bar Redevelopment :Agency are free of material misstatements, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants,; noncompliance with which could have a direct and material effect on the determination of financial statement amounts. Such provisions included those provisions of laws and regulations identified in the Guidelines for Compliance Audits of California Redevelopment Agencies, issued by the State Controller and as interpreted in the 'Suggested Auditing Procedures for Accomplishing Compliance Audits of California Redevelopment Agencies, issued by the Governmental Accounting and Auditing Committee of the California Society of Certified Public Accountants. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed one instance of noncompliance that is required to be reported under Government Auditing Standards as follows: The City was not in compliance with Health and Safety Code Section 33302 in that the City's housing element does not comply with Government Code Section 65300. In a letter from the Department of Housing and Community Development, the State indicated that the housingelement does not clearly X entify adequate sites to accommodate the City's moderate and lower income housing needs. The 'City is currently in the process of revising its housing element to eliminate deficiencies and bring the housing element into compliance. 9 MEMBERS t7FA D+inr+ AICPA AND CALIFORNIA SOCIETY OF CFRTtFtFns_