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HomeMy WebLinkAbout04/18/2000F1 ■ Tuesday, April 18 2000 6:30 p.m, -- Regular Meeting South Coast Air Quality Management District Main Auditorium 21865 East Copley Drive Diamond Bar, CA. 91765 Mayor Debby O'Connor Mayor Pro Tem Eileen Ansari Council Member Wen Chang Council Member Carol Herrera Council Member Bob Huff City Manager Terrence L. Belanger City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title lI of the Americans with Disabilities Act of 1990 the City of Diamond Bar requires that any person in need of any type of special equipment; assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking easing or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO COMMISSION AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings ofthe Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of interest which are within the subject matter junsdiLhon 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 will take place at the discretion ofthe Chair. However, in order to facilitate the meeting, persons who are interested parties far an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number ofpeople requesting to speak and the business ofthe Council. Individuals are requested to refrain from personal attacks towards Council Members or other citizens. Commerrts 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 tem that is not on the posted agenda CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council A Disorderly behavior toward the Council or any member of the staffthereot tending to interrupt the due and orderly course of said meeting. B. A breach ofthe peace, boisterous conductor violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawfW 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 of the meeting. Please telephone (909) 860-2489 between 8 am and 5 p.m. Monday through Friday. 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 lnfowation (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. Next Resolution No. 2000-25 Next Ordinance No. 03(2000) 1. CLOSED SESSION: None 2. CALL TO ORDER:6:•30 p.m.,-April 18, 2000 PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Rev. Ted Meyers, ELCA, Shepherd of the Hills Lutheran Church ROLL CALL:. Council Members Chang, Herrera, Huff, Mayor Pro Tem'Ansari, Mayor O'Connor APPROVAL OF AGENDA: Mayor 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Introduction of Sr. Administrative Assistant Teresa Arevalo. 3.A.2 Presentation of Certificates of Recognition to the Walnut/Diamond Bar Cowboys, SGV Jr. All-American Football and Cheerleading Conference Jr. Pee Wees (9,10 and 11 year olds) for being both ,Valley League and Conference Champions with a season record of 10-0 3.A.3 Proclaiming April 22, 2000 as 'Earth Day." 3.A.4 Proclaiming April 30, 2000 "El Dia de Los Ninos. 3.A.5 Pro.claiming April 30 May 7, 2000 as "The Holocaust and the New Century: The Imperative to Remember." 3.A.6 Proclaiming April, 2000 "Sexual Assault Awareness Month." 3B. CITY MANAGER REPORTS AND RE,CO1rMNDATIONS 4. PUBLIC COMMENTS: "Public Comments" is the time reser�ed on each regular meeting agenda to provide an opportunity for.members of the public to directly address the Council on Consent Calendar items or matters of interest to APRIL 18, 2000 PAGE 2 the public that are not already scheduled for consideration on this agenda_ Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete. a Speaker's Card and give it to the City Clerk (completion of this form is voluntary), Thereisa five- minute maximum time Limit when addressing the City Council. 5 SCHEDULE OF FUTURE EVENTS 5.1 TRAFFIC & TRANSPORTATION COMMISSION -,April 20, 2000 - 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 SPRING CLEANUP - Saturday, April 22, 2000 - Bulky Item Pickup Set your bulky items out the night before or by 6:00 a.m. For details, contact your waste hauler (single family residents only). 5.3 EASTER EGG HUNT - April 22, 2000 - 10:00 a.m.,. Suitridge Park Dr. - Hosted by City of Diamond Bar and the-,D.B. Bredkfast Lions Club 5.4 PLANNING COMMISSION - April 25, 2000 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 CITY ON LINE COMMITTEE - April 26, 2000 - 6:00 p.m., AQMD Room CC -2, 21865 E. Copley Dr. 5.6 PARKS AND RECREATION COMMISSION - April 27, 2000 7:00 p.m., AQMD Board Hearing Room,. 21865 E. Copley Dr. 5.7 7th ANNUAL FRIENDS OF THE LIBRARY WINE SOIREE`- April 30, 2000 - 4:00 p.m. to 7:00 p.m., Shilo Hilltop Suites, 3103 Temple Ave S.-8 - CITY . COUNCIL>- MEETING - May 2, 2060 - 6:30 p.m..., AQMD Auditorium, 21865 E. Copley Dr. 6 CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES - Regular Meeting.of April 4, 2000 Approve as submitted. Requested by: City Clerk - 6.2 VOUCHER REGISTER Approve Voucher Register dated April 18, 2000 in the amount of $496,999.02. Requested by. Finance Division. APRIL 18, 2000 PAGE 3 6.3 EXONERATION OF GRADING BOND (LABOR, MATERIALS & FAITHFUL PERFORMANCE) IN THE AMOUNT OF $9,873 AND PAYMENT BOND (LABOR, MATERIALS & FAITHFUL PERFORMANCE) IN THE AMOUNT OF $25,000 FOR DRAINAGE IMPROVEMENTS ON PARCEL 1AND PARCEL 2, LOCATED AT 21095 GOLDEN SPRINGS DRIVE - The Principal, the McDonald Corp requests release of their surety bond for improvement security as required in accordance with the Subdivision Map Act. The City Engineering .and Public Works Division: finds that the Principal has provided sufficient proof of completed grading and drainage improvements on Parcel 1 and Parcel 2, located at 21095 Golden Spgs. Dr., as shown on the grading plan and as -built plan on file. Recommended Action: It is recommended that the City Council approve exoneration of Grading Bond (Labor, Materials & Faithful Performance) and Payment Bond (Labor, Materials & Faithful Performance) for Drainage improvements on Parcel 1 and Parcel2 located at 21095 Golden Spgs.. Dr. in the amount of $25,000 and direct the City Clerk to notify the Owner and Surety of this action. Requested by; Engineering Division 64 RESOLUTION NO. 2000 -XX; A RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING FINAL MAP 50314 FOR THE SUBDIVISION OF A 44 ACRE SITE INTO 15 SINGLE FAMILY RESIDENCES, LOCATED IN THE COUNTY, IN THE CITY OF DIAMOND BAR, CALIFORNIA This project consists of the construction of 15 single family units on 44 acres ofland. The final Tract Map has been submitted by Windmill Development for approval. The Final Tract Map has been reviewed and technically approved by staff. Recommended Action: It is recommended that the City Council a) approve Final Tract Map. No. 503.14- bj authorize the Mayor to execute the Subdivision Agreement; c) adopt Resolution No. 2000 -XX; and d) direct the City Clerk to certify and process the map for recordation. Requested by Planning,Division - 6.5 EXTENSION OF PURCHASE AUTHORIZATION FOR J.A. BLASH SHOWS, INC. - The Purchasing Ordinance requires that. use of a vendor in excess of $15,000 during the fiscal year must receive Council authorization. Because J.A. Blash Shows, Inc. provides lower prices and excellent service, they have provided $22,000 worth of services during the 99/00 fiscal year. J.A. Blash Shows provided carnival rides at. the Millennium. and 1lth Birthday Celebrations. APRIL 18, 2000 PAGE 4 Recommended Action: It is recommended that the City Council extend the authorization for purchases from J.A. Blash Shows, Inc. to $22,000 for FY 1999/2000. Requested by: Community Services Division 6..6 ALLOCATION OF $15,000 FROM THE ASSET FORFEITURE FUND TO SUPPORT ADDITIONAL LAW ENFORCEMENT ACTIVITIES - The City currently has approximately $350,000 .available in the City's Asset Forfeiture Fund. These funds are to be used as necessary for supplemental law enforcement activities or equipment. The Sheriff's department has requested an allocation of $15,000 to fund a special assignment team for high priority enforcement, Recommended Action: It is recommended that the City Council allocate $15,000 from the Asset Forfeiture Fund unappropriated fund balance to cover the. cost of additional law enforcement activities. 6.7 EXTENSION OF PURCHASE AUTHORIZATION FOR INLAND EMPIRE STAGES LIMITED The Purchasing Ordinance requires that use of a vendor in excess of $15,000 during the fiscal year must received Council authorization. Because Inland Empire Stages Limited provides lower prices and excellent services, they have provided $14,679 worth of services during the 99/00 FY. Inland Empire Stages, Ltd., provides excursions for adult and senior citizens throughout the year. Recommended Action: It is recommended that the City Council extend the authorization for purchases from Inland Empire Stages Limited to $28,000 for FY 99/00. Requested by: Community Services Division 6.8 AUTHORIZATION TO PURCHASE A 2000 FORD RANGER - The 99-00 Budget established an Equipment Replacement Fund and money for the purchase of this vehiclewas included in the 99-00 mid -year budget adjustment. Pursuant to the City's Purchasing Ordinance, Council must grant approval for the City Manager to sign the necessary documents because the cost of the vehicle exceeds $15,000. Proposals were sought from six automobile vendors and Advantage Ford responded with the lowest purchase price --$17,795.22. Recommended Action: It is recommended that the City Council authorize the City Manager to purchase a 2000 Ford Ranger in the amount of $17,795.22. Requested by: City Manager APRIL 18, 2000' PAGE 5 6.9 AWARD OF CONTRACT FOR AUDITING SERVICES FOR FISCAL YEARS 99-00 TO 01-02, WITH THE OPTION TO RENEW -FOR AN ADDITIONAL TWO YEARS The City's contract for. independent auditors ended with the FY 98-99 audit,. As a result, it was necessary to send out a request for proposal for auditing services. The RFP was developed and sent to eight highly qualified accounting firms who focus on governmental accounting. The City received seven responses to its, RFP. After staff review, four firms were chosen to participate in an interview process. The Finance Committee, City Manager and Finance -Department staff conducted interviews and the firms were allowed to present their qualifications and experience. Special emphasis was placed on the firms' expertise in the upcoming change in governmental accounting reports (GASB 34). After careful consideration, it was decided that the contract should be awarded to Conrad and Associates, LLP. Recommended Action: It is recommended that the City Council approve a contract for auditing services to Conrad and Associates,; LLP for FY 99-00 ,($21, 500) , FYOO-01 ($22, 145) and ,FY01-02 ($22,810), with ,thee option to renew for an additional two years. Requested by Finance Division 7. PUBL2c HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 PUBLIC HEARING: RESOLUTION NO 89-970:- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL All cities are required to adopt a conflict of interest code designating certain positions participating., in making decisions which may affect financial interests. Since adoption of the City's Codeon October 3, 1989, amendments have been necessary to add new positions or delete obsolete positions. In a`written Opinion issued by the Fair Politcal,Practices Commission on March 27, 2000, the.Commission opined that -the Board of Directors of the Diamond Bar Community Foundation is subject to the provisions of the Political Reform Act and; therefore, the City must amend its Conflict of Interest Code to include 'Foundation Directors. `Recommended Action: It is recommended that .the City Council open the Public Hearing, take testimony, close` the Public Hearing and adopt Resolution No. 89-970 adding, the positions of Board of Directors of the Diamond Bar Community Foundation to the City's Conflict of Interest Code. APRIL 18, 2000 PAGE 6 Requested by: City Clerk 7.2 PUBLIC HEARING IN CONSIDERATION OF RESOLUTION OF VACATION TO VACATE A PORTION OF HIGHCREST`DRIVE` IN THE CITY OF DIAMOND BAR On March 7, 2000, Council adopted Resolution No. 2000-17 declaring its intention to vacate a portion of Highcrest Dr., as requested by the Highcrest Homeowners Alliance. The,.intent of this noticed public hearing is to consider evidence and testimony regarding the proposed vacation and to make appropriate findings to approve, condition or deny the request. On April 11, 2000, the City received a. request from the Highcrest Homeowners Alliance to Postpone/continue the public hearing for one month. Recommended 'Action: It is recommended that the City', Council postpone the public hearing regarding the consideration of resolution of vacation to vacate a portion of Highcrest Dr. and re -advertise theubl p is hearing for May 16, 2000. Requested by: Engineering Division 8. OLD BUSINESS: 8.1 VERBAL STATUS REPORT REGARDING THE PROPOSED CIVIC CENTER (COMMUNITY/SENIOR CENTER, LIBRARY, .CITY HALL). Requested by Councilmember Huff 8.2 CONTRACT AMENDMENT FOR SHEPPARD, MULLINS, RICHTER & HAMPTON, LLP - On April 20, 1999, Council approved a contract with the law firm of.She ppard, Mullins, Richter & Hampton, LLP (SMRH) to prepare and proceed with litigation against the State of California related to the environmental documentation process for the proposed Lanterman Development Center forensic expansion project. The 'contract amount at that time was not to exceed .$50,000 for initial preparation of the litigation. Since that time, the contract has been amended to cover costs associated with the ongoing legal. processes. On November 23, 1999, Council approved a contract amendment in the amount,of $75,000, for a total allocation of $300,000. 'It' is now necessary to increase the contract amount by $50,000 for a not -to -exceed total amount of $350,000. I Recommended Action: It is recommended that the City Council approve the amendment to the contract for legal services related to the Lanterman Development Center forensic expansion project between the City and Sheppard, Mullins, Richter and Hampton, LLP, in the amount of $50,000. APRIL 18, 2000 PAGE 7 Requested by: Finance Division - 9. NEW BUSINESS: RECESS .TO REDEVELOPMENT AGENCY Next Resolution No. RA 2000-01 1 CALL TO ORDER Chairman ROLL CALL: Agency Members Ansari, Herrera, O'Connor, VC/Chang, C/Huff 2. PUBLIC CONBKENTS:"Public Comments" is the time reserved on each regular meeting agenda to provide' an opportunity for members of the public to directly address the Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Agency Secretary (completion of this form is voluntary)'. There is a five-minute maximum time limit when addressing the Redevelopment Agency. 3.' CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES —Regular Meeting of April 4, 2000 Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated April 18, 2000 in the amount of ,$1,502.46: 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. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. RECONVENE CITY COUNCIL MEETING A �? LU F+' Q CL a IL CT x LU Cl) Z Lij w W W Z W o Q o V 2. CALL TO ORDER;: M/O'Connor called the meeting to order at 6:35 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: C/'Herrera led the Pledge of. Allegiance. INVOCATION: Rev. Ted Meyers, ELCA, Shepherd of the Hills Lutheran Church gave the Invocation. ROLL CALL: Council Members Chang, Herrera, Mayor Pro Tem Ansar , Mayor 'O'Connor. C/Huff arrived at 7:Q5 p.m. Also present were: Terrence L. Belanger, City Manager Mike Jenkins, City Attorney; James DeCtefano, Deputy City Manager; David Liu, Deputy Public storks 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, 3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Introduced Sr? Administrative Assistant Teresa Arevalo. 3.A.2 Presented Certificates of Recognition to the Walnut/Diamond Bar Cowboys, SGV Jr. All-American Football and. Cheerleading Conference Jr. Pee Wees (9, 10 and 11 year olds) for being both Valley League and Conference Champions with a season record of 13-0 3.A.3 Proclaimed April 30, 200 as "'El Dia de Los Ninos." 3.x:.4 Proclaimed April 22, 2000 as "Earth Day.,, 3.A.5 Proclaimed April 30 - May 7, 2000 as 'The' Holocaust and: the New Century: The Imperative to Remember" APRIL 18, 2000 PAGE 2 3.A.6 Proclaimed April, 2000 as "Sexual `:Assault Awareness Month*' 3.B. CITY MANAGER REPORTS ,AND RECOI- NDATIONS: CM/Belanger reported on the "mini -burst tornado -type of event that occurred in D. B. this morning and the damages caused. He pointed out that no injuries had been reported as a result of this storm. 4. PUBLIC COMMENTS: Martha Bruske continued with her comments against Redevelopment and stated that the City should continue to work with rehabilitation of its shopping centers with or without redevelopment. Jack Tanaka spoke regarding the D.B.. Breakfast Lions Club Annual Easter Egg Hunt and drum concert, John Fife - Asked to hold his comments until another time. Mark Dalli, owner and operator of Mad Dog Tennis & Racquet Sports - commented on the use of the City's public tennis courts, which are being used. by "pirate teachers." Kay Dalli, Mad Dog Tennis & Racquet Sports Sue Sisk - regarding skateboard users and the need for protective gear. Shared meeting information regarding the Lanterman: Forensic Expansion. Project. Darla Farrell re Lanterman - Philip' Murray - echoed the concerns of the Dalli's regarding the public tennis courts. Bishop Larry Rhodes -.thanked City staff for its efforts in help clean up`the 'damage from the storm. Fred Encinas re Lanterman disagreed with "The Statement of .Agreement reached in Sacramento last month. Marie Buckland re Lanterman Craig Parks re AQMD Child Care Center and the potential closure of the Center. 5. SCHEDULE OF FUTURE EVENTS. APRIL 18, 2000. PAGE 3 5.1 TRAFFIC & TRANSPORTATION COMMISSION - April 20, 2000 7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 SPRING CLEANUP - Saturday, April 22, 2`000 Bulky Item Pickup Set your bulky items out the night before or by 6:00 a.m. For details, contact your waste hauler (single family residents only) 5.3 EASTER EGG ..HUNT - April 22, 2000 - 10:00 a.m., Summitridge Park Dr. Hosted by 'City of Diamond Bar and the D.B. Breakfast Lions Club .5.4 PLANNING COMMISSION - April 25, 20010 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 5.5 CITY ON LINE COMMITTEE April 26, 2000.- 6: 00 'p.m., AQMD Room. CC -2, 21865 E. Copley Dr; 5.6 PARKS AND RECREATION COMMISSION - April 27, 2000 7:00 p.m., AQMD Board Hearing" Room, 21865 E. Copley Dr. 5.7 71 t ANNUAL FRIENDS OF THE LIBRARY WINE SOIREEE - Apri.1 30, 2000 - 4:00 p.m. to 7:00 p.m., Shilo Hilltop Suites,_ 3103 Temple Ave. 5.8 CITY COUNCIL MEETING - May 2, 2000 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr: 6. CONSENT CALENDAR: Moved by C/Ansari, seconded by C/Chang to approve the Consent Calendar. Motion carried 5- 0 by the following Roll Call vote: 6.1 APPROVEDMINUTES Regular Meeting of April 4, 2000 as ,submitted. 5.2 APPROVED VOUCHER REGISTER - dated April 18, 2000 in theamount of $496,999.02. (M/O'Connor recused herself from approval of payment to Terrence Belanger, $57; Capitol Plaza Halls, $40.20, Joella Cudney, $10.40, P.O. 9360, $541.25; P.O. 9463, $25,819.01 and Wells Fargo Bank, $189.45 due to a potential conflict of interest regarding the Lanterman Forensic Expansion Project) . 6.3 EXONERATED GRADING BOND (LABOR, MATERIALS & FAITHFUL PERFORMANCE) IN THE :AMOUNT OF $9,873 AND PAYMENT BOND (LABOR, MATERIALS & FAITHFUL PERFORMANCE) IN THE AMOUNT OF $25,000 FOR DRAINAGE IMPOROVEMENTS ON PARCEL 1 AND PARCEL 2, LOCATED AT 21095 GOLDEN SPRINGS DRIVE - and directed the City Clerk to notify the Owner and Surety of this action. APRIL 18, 2000 PAGE 4 6.4 ADOPTED RESOLUTION NO. 2000-25:- A RESOSLUTION OF THE CITY OF DIAMOND BAR APPROVING FINAL MAP 50314 FOR THE SUBDIVISION OF A 44 ACRE SITE INTO 15 SINGLE AMILY RESIDENCES, LOCATED IN THE COUNTRY- a) approved Final Tract Map- No. 50314; b) authorized the Mayor to execute the Subdivision Agreement c) adopted Resolution No. 2000-25 and d) directed the City Clerk to certify and processed the map for recordation. 6.5 EXTENDED PURCHASEAUTHORIZATION FOR J.A. BLASH SHOWS, INC. - to $22,000 for FY 1999/2000. 6.6 ALLOCATED $15,000 FROM THE ASSET FORFEITURE FUND TO SUPPORT ADDITIONAL, LAW ENFORCEMENT ACTIVITIES - from the unappropriated fund balance to cover the cost of additional law enforcement activities. 7. 6.7 EXTENDED' PURCHASE AUTHORIZATION FOR INLAND EMPIRE STAGES, LTD. R- to $28,000 for FY 1999/2000. 6.8 AUTHORIZED PURCHASE OF A 2000 FORD RANGER - authorized the City Manager to purchase a 2000 Ford Ranger in the amount of $17,795.22. 6.9 AWARDED CONTRACT FOR AUDITING SERVICES FOR F'`ISCAL YEARS 99-00 ,TO 01-02, WITH THE OPTION TO RENEW FOR AN ADDITIONAL TWO YEARS - to Conrad & Associates, LLP for FY99-00 ($21,500), FY00-01 ($22;145) and FY01-02 ($22,810), with the option to renew for an additional two years. PUBT,IC HEARINGS 7.1 PUBLIC HEARING: RESOLUTION NO. 89-970: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE ` CITY'S CONFLICT OF , INTEREST CODE FOR DESIGNATED CITY PERSONNEL All cities are required to adopt a conflict of interest code designating certain positions participating in making decisions which may affect financial interests.. Since adoption of' the City's Code on October 3, 1989, amendments have been necessary to add new positions or delete obsolete -- positions. In a written opinion issued by the Fair Political Practices Commission_on March 27, 2000, the Commission opined that the Board of Directors of the Diamond Bar Community Foundation is subject to the provisions of the Political Reform Act and/ therefore, APREL 18, 2000 PAGE 5 the City must amend its Conflict of Interest Code to include Foundation Directors. M/O'Connor declared the Public Hearing open. Jeff Koontz, asked several questions regarding the issue There being no further testimony offered, M/O'Connor closed the Public Hearing. Moved by C/Chan.g, seconded by C/Huff to adopt' Resolution No. 89-970 adding the positions of Board: of Directors of the Diamond Bar Community Foundation to the City's Conflict of Interest Code. Motion carried 5-0 by the following Roll Call vote 7.2 PUBLIC HEARING - CONSIDERATION OF RESOLUTION OF VACATION TO VACATE A PORTION OF HIGHCREST DRIVE IN THE CITY OF DIAMOND BAR - On March 7 2000, Council adopted Resolution No. 2000-17 declaring its intention to vacate a portion of Highcrest Dr. as requested by the Highcrest Homeowners Alliance. The intent of this noticed public hearing is to consider evidence and testimony regarding the proposed vacation and to make appropriate findings to approve, condition or deny the request. On April 11, 2000, The City received a request from the Highcrest -Homeowners Alliance to postpone/continue the public hearing for one month. M/O'Connor declared the Public Hearing open. Moved. by C/Huff, seconded by C/Chang to postpone the Public Hearing regarding consideration of a Resolution of Vacati9on to vacate a portion of Highcrest Dr. and re -advertise the Public Hearing for May 16, 2000. Motion carried 5-0 by the following Roll Call vote: 8. OLD BUSINESS: 8..1 VERBAL STATUS REPORT REGARDING THE PROPOSED CIVIC CENTER (COMMUNITY/SENIOR CENTER, LIBRARY, CITY HALL) Moved by C/Herrera, seconded by C/Ansari to place the -issue of site location for the Civic Center on the May 2, 2000 City Council Agenda, 8.2 CONTRACT AMENDMENT FOR SHEPPARD, MULLINS, RICHTER & HAMPTON, LLP On April 20, 1999, Council approved a APRIL 18, 2000 PAGE 6 contract with the law firm of Sheppard, Mullins, Richter & Hampton„ LLP (SMRH) to prepare and proceed with litigation against the State of California related to the environmental documentation process for the proposed Lanterman Developmental Center Forensic Expansion Project. The contract amount at that time was not to exceed $50,040 for initial preparation of the litigation. Since that time, the contract has been amended to cover costs as-sociated with the ongoing legal processes. On November 23, 1999, Council approved a contract amendment in the amount of $75,000, for a total allocation of $300,000. It is now necessary to increase the contract amount by $50,000 for a riot -to -exceed total amount of $350,000. M/O'Connor rocused herself from discussion of this item due to :a potential conflict of interest regarding the Lanterman Forensic Expansion Project. Moved by C/Herrera, seconded by C/Huff to approve amendment to the contract for legal servicesrelated to the Lanterman Developmental Center Forensic Expansion Project with Sheppard, Mullins, Richter and Hampton, LLP in the amount of $50,000. Motion carried 4-Q-1 (M/O'Connor abstained) by the follo9win:g Roll Call vote: 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY 1. CALL TO ORDER Chairman Huff called the meeting to Order at 8:25 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865, E. Copley Dr., Diamond Bar, CA. ROLL CALL:: Agency Members Ansari, Herrera, O'Connor, VC/Chang,-and C/Huff. Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins; Agency Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Warks Director; Bob Rose., Community Services Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, Agency Secretary. 2. PUBLIC COUNTS None offered. - APRIL -18, 2000 PAGE 7 3 CONSENT CALENDAR: Moved by AM/Ansari, seconded by VC/Chang to approve the Consent Calendar. Motion ;carried 5-r0 by the following Roll Call Grote, 3.1 APPROVED MINUTES - Regular Meeting of.April 4, 2000 as presented. 3,2 APPROVED VOUCHER REGISTER' - dated April 18, 2000 in the amount of $1,=502.46. 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7 AGENCY MEMBER COMMENTS:' None offered.. ADJOURNMENT: There being no further business to conduct, C/Huff adjourned the meeting at 8:36 p.m. RECONVENE CITY COUNCIL` MEETING: M/O'Connor reconvened .the City Council meeting at; 8;36 p.m, 11 COUNCIL SUB -COMMITTEE REPORTS. 12. COUNCIL MEMBER COMMENTS: 13. ADJOURNMENT: There Tieing no -`further 'business to conduct, M/O'Connor adjourned the meeting at 9:23 p.m, in memory of Michael Wickman, Mayor of Chino Hills Earth Day: Ron Ketcham, Treasurer of "Think Earth" Foundation cn cn LU O < O cS E° mU) E O Ql U a a o Z v o O ¢ a rc Cc LLId g' a¢ —0 LIJ z az �- U Q)_ LL WO ■♦� J,Ot .w W mc)O ( Q w z m to vN,0 o (D � w r)C/3 < c E '� '� ¢ ob 0 spy @yamy...,� m O o O < O cS E° mU) E O Ql Z z O a a o Z v o O ¢ a rc Cc LLId g' a¢ —0 z z az �- U Q)_ LL WO ■♦� J,Ot a� W mc)O ( 1 z m to vN,0 o (D � U F < c E '� '� ¢ r O 0 spy @yamy...,� o : z +� O z W� 'w Z a s U) z > z� 66 ir ¢ w g Y °C mRl Q,- 0O N w i� 1 a a > j O Z Q z z W z N z GA W� u 0U a Q= g _ _ m m __ cc; ° O v r--------------------------------------------------�. w0 O¢ O cS E° mU) E O Ql v O 0 ° i co —0 p �� .� �4 cz �- `� Q)_ Ln ■♦� J,Ot a� W Q IN Q� ( 1 vN,0 o (D v V) 0r c E '� '� v r O 0 spy @yamy...,� Cl� �a +� Oo W� U 66 ao mRl Q,- 0O N i� 1 r--------------------------------------------------�. w0 O¢ O cS E° mU) E O Ql v O 0 ° i co —0 p �� .� �4 cz �- `� Q)_ Ln o ? 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ALL-AMERICAN FOOTBALL CORPORATION v POST OFFICE BOX 375 WALNUT, CALIFORNIA 91788 January 10, 2000 City of Diamond Bar/Members of the City Council r. ��LL,_ 21600 E. CopleyDr. Ste 100 Diamond Bar, CA.91765 RE: League and Conference Champions Dear Madam Mayor and `Members of the City Council: My name is Eric White, President of the Walnut Diamond Bar Cowboys, a franchise ofthe San Gabriel Valley Jr. All American Football and Cheerleading Conference. This organization will be celebrating it's 30th Anniversaryin the year 2000. Although most of our activities are center in the City of Walnut, 30 years ago, Jr. All American was the only football and cheerleading program in this area, thus the name Walnut/Diamond Bar. Our participation from residents of Diamond Bar is equal to that from the residents of Walnut. As a result, it is my pleasure as President to announce that we have two championship' teams for our city during the 1999 season. Our Gremlin Team, made up of 8, 9, and 10 year olds, are repeating Valley League Champions with a season record 9-1. Our, Jr, Pee Wees, which are 9, 10, and 11 year olds, are both Valley League and Conference Champions with a season record of 10-0. And these young athletes had to maintain a 2.0 grade point average in school in order to playa We would like to arrange for these teams to come to an upcoming City Council meeting. There are approximately 33 players on each team, plus staff, so it might be better if it was done in two visits. Please call our secretary, Rosemary White, 909-594-9991, if you have any questions or concerns and we look forward to having a continuing success in the year 2000. Sincer 'V Eric White, President U,� Walnut Diamond Bar "COWBOYS" JAAF,1nc.�' EW/rw f , /y, FEB 29 '00 09:421 FR HARTFOPT - SLI CALIF �14 256 i465 TO 19098613117 P.02 WALNUT DIAMOND BAR COWBOYS 1999 GREMLINS HEAD COACH: Mike Torres ATHLEUC DIRECTOR: Stephanie Jackson ASST . ; Melvin Mordand ASST Ai'FILETIC DIR: Robin &'Phillip Guss bon—kiN--mik Ken Hernandez Wadsworth =Toseph Monarrez iaoent Noiascv ,,Vylan Tories ,.Reuben Towns The Gre n ins are Back to Back Val%y League --*seph Cis i.. �=Z Champions.They went 9-1 this sumn as —fthnnie Flores they did in 1998. This group is made up of , .3nstin Herrera ,Andre Jackson boys ages 8, 9.. and 10. All had to maintain "drew Melchor ,Toshus Nci4n z a grade point average of 2.0 in order to play, /ISI Rose ,i'" Salazar Asir for a show of hands for all those who alp Austin received a Scholastic Patch for having a GPA n Bermudez of 3:3 or better. (I do not have a list of those names) rftnald Daflas Dillard lCham Mark Gahan Motor Garcia ,kO*b Hernandez - ,,,Danesh Jararinejad -i`am= Kusniier -Achael Lindsey -Cobert Marcs ,,Xenneth �artit�z �ermel Moreland is Olivas Pamn Robinson ,Atain Sarinana Tyler Thompson Chris wadworth FEB 29 00` X3$:43 FR.. HARTFORD - SO CALIF ' 714 ?56 1465 TO 19099613117P.- . 2 FEB 29 '00 08:44 FR "HFPRTFORD - Sb CPL I Fry "14 256 1465 TO 1909861311- P.04 0 Ram BAR COWBOYS; .' WALNUT DIAMOND 1999 JR PEEWEES VALLEY LEAGUE AND CONFERENCE CHAMPIONS HEAD COACH: Lorenzo Thon►pson ATHLETIC AIRECTOR-,Peggy Ibarra ASST ATHIXTIC DIR: lathy Sill and ASST COACHES: Trini'lbarra -Sol Sanchez William Moringlane, Derek Sill Ricard Jimenez and Fred Paris Austin Cleveland .Mitchell Jah Gan -W James Roy Park Marcus Wagner ee -0 and are the The 3r PWees went 10 San Gabriel Valley Conference Champions �aviea Hewitt in their division of 9,10 and I l year olds. They are also the Valley League Champions - ,e Mast HubLcent b er ra Auchard araez Once again, these boys had to maintain a GPA of 2.0 to be eligable to play. A show of bands I Janes Jolliam for those you received a Scholarship Patch for --Alan --Alan Moringiane having a GPA of 3.3 or better- (I don't bane those —tach Nunn ,Qregory SiII M cllm el Apodaca. Dominic Brown _'Cialy Brown ,,Albert DeGru=an Farrar mie Gerrie Jafaxbead ` urns Jah . Ararcus Johnson --Vean Maddox 'Jifi in McGilt terry Munoz ase Paris -Zchard Reynoso Nbxa olo Sanchez �eier Sanchez ,,,Erin Thomas 41ex Thompson . Michael Urguhaxt .,14 2 .3117 FEB 29 00 08-44 FR HARTFORD — SO CALIF56 1465 TO 1909861s F.05 WALNUT DIAMOND BAR COWBOYS I999'M PEE WEE CIMAPJEADM -ASST COACH: Monica Cisneros HEAD COACH: Lupe Genie Nicole Garcia 3t. Pee Wee Cheerleaders were at ev=Y game Lwma Gerrie Lauren Hubei cheering on the boys to the dwMimsbiP= Again 2.0 GPA to cheer and with smumt"Mares girls had to maintain a fire shDW of bands for those You dived a scholastic patch for having a 3.3 GPA. Alava Cbdatin� Jessica Cisneros neem Heraft Jennifer KDurY Melissa Moaarrez Adrema`Rochall Chenee Thomas TifaarW Ward Sabrina Martinez G. I MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL. 4,, 2000 1. CLOSED SESSIONS None 2. CALL TO ORDER; Mayor O'Connor calm! the City Council meeting to order at +6:35 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL. Council ,Members Chang, Herrera, Huff, Mayor Pro Tern Ansari and Mayor O'Connor. Also present were. Terrence < L. Belanger, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Servic es,Director; Linda Magnuson, Finance Director; Mike Nelson, Communications & Marketing Director and Lynda Burgess, City Clerk: PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Captain Richard Martinez. INVOCATION: The Invocation was given by Monsignor James Loughnane, St. Denis Catholic Church. APPROVAL OF AGENDA: As presented. 3.A SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.A.1 Presented City Tile to the Los Angeles County Sheriff's Department on the occasion of its 150th Anniversary accepted by Assistant Sheriff Larry Waldie. 3.A.2 Presented City Tile to Captain Richard Martinez. 3.A.3 Introduced Alex Y'im, new Captain of the Walnut/Diamond Bar Sheriff's Station. 3.A.4 Presented Certificates of Recognition to the Walnut/Diamond Bar Cowboys, SGV Jr. All -America Football and Cheerleading Conference Gremlin Team (8-10 year olds) for being both Valley League and Conference Champions, with a season record of 10-0: 3.A.5 Proclaimed, April 2 through April 8, 2000 as "Safety Seat Checkup Week." 3.A.6 Proclaimed April 3-9, 2000 as "Public Health Week 2000." 3.A.7 Proclaimed April 9-15, 2000 as "National LibraryWeek." APRIL 4, 2000 PAGE 2 3.A.8 Proclaimed April, 2000 as "California Earthquake Preparedness Month." RECESS; M/O'Connor recessed the meeting at 6:17 p.m. RECONVENE: M/O'Connor reconvened the meeting at 6:37 p.m. 3.13 CITY MANAGER REPORTS AND RECOMMENDATIONS 3.8.1 CM/Belanger stated that on Saturday, April 1, Census Day was held. The Census Bureau continues to collect and tabulate census information into the month of April. The Bureau has been keeping a running tally of totals by gross numbers and by percentages. As of Tuesday, April 4, nationwide, 550 of the population had been counted;58% of the California population had been counted; Wk of the L.A. County population has been counted; 58% of Pomona's population had been counted; 650% of Walnut's population had been counted and 68% of D. B. 'population had been counted. The City continues to encourage all residents to fill out their census material and return it as soon as possible. Residents are also encouraged to cooperate with census taken as they begin their next phase of door to doer census activities. It is the City's goal to have every resident counted. 3.8:2 CM/Belanger reminded the Council and community members that on Saturday, April 8 at 10:00 a.m., a Town Mall Meeting regarding the Lanterman Developmental Center's Expansion Project would be hosted by Assembly Member Pacheco. The Center proposes to place 128 beds for severe behavioral clients at Lanterman. Everyone is encouraged to attend the meeting to receive information about the proposal and provide comment on the proposed project. A Statement of Participation is being formulated at this time and will be one of the topics of discussion during the meeting. C/Herrera stated that misinformation is being; distributed that a secret agreement had been reached with respect to the Lanterman matter. She encouraged residents to attend the Town Hall Meeting and discern the truth for themselves. In response to MPTIAnsari, CM/Belanger stated that the Town Hall Meeting would include representatives from the Department of Developmental Services, as well as Assembly Member Pacheco and Council Members and staff members of Pomona, D.B. and Walnut. . 4. PUBLIC COMMENTS:: Martha Bruske stated that, at the March 21 meeting, she spoke in opposition to Item No. 9.1, The agenda item regarding the Sheriff's Service Center did net include the words "redevelopment" or "traffic enforcement." She challenged comments made by C/Hurff that she was an original signor of the redevelopment lawsuit and asked if this was an attempt to intimidate APRIL 4, 2000 PAGE 3' People to not speak out against public matters. She asked if the new location of the Service Center was an effort to placate a property owner who may have been promised a bounty, which was impeded by the redevelopment lawsuit. She previously investigated CfHuff s earlier claims that there were 500 jobs lost to D. B. when Avery Dennison moved to Brea. Allen Wilson expressed concerti about a Tribune editorial concerning the Wildlands Conservancy purchase of the Boy Scout property Dr. Larry Rhodes said that he is one of the original signatories to the lawsuit against the City's Redevelopment Agency, which has had no effect on his relationship with any member of the City Council or City staff. He finally received his census questionnaire after addressing the fact that the past office indicated thati his house was vacant: Kim Chapman, Darla Farrell and Sue Sisk urged community members to attend the April 8 Town Hall Meeting regarding the Lanterman issue. 5. SCHEDULE OF FUTURE EVENTS: 5.1 LANTERMAN TOWN HALT. MEETING -- April 8, 2000 - 10:010 a.m. - 1:00 p.m., 'SCAQMD Auditorium,21865 E. Copley Dr. Hosted by Assembly Member Bob Pacheco, 5.2 CHAMBER OF COMMERCE CASINO NIGHT - April 8 2000 - 6:00 p,m. to 10:001 p.m., Peterson Park, 24142 E. Sylvan Glen Dr. 5.3 11'' CITY BIRTHDAY PARTY - April 9, 2000 - 12:00 noon to 6:00 p.m., Peterson Park, 24142 E. Sylvan Glen Dr. 5.4 PLANNING COMMISSION - April 11, 2000 7:00 p.m., SCAQMD auditorium, 21865 E. Copley Dr. 5.5 COMPOSTING WORKSHOP April 15, 2000 - Sycamore Canyon Park 10:00 a.m. -12:00 noon, 22980 Golden Springs Cir. 5.6 CITY COUNCIL MEETING - April 18, 2000 - 6:30 p.m., SCAQMD Auditorium, 21865 E. Copley Dr. 5.7 TRAFFIC AND TRANSPORTATION COMMISSION - April 20 2000 SCAQMD Hearing Board Room, 21865 E. Copley Dr. 5.8 SPRING CLEANUP - Saturday; -April 22, 20100 - Bulky Item Pickup Set your bulky Items out the night before or by 6:00 a.m. on the day of the pickup. For details contract your waste hauler (single family residences only). APRIL 4, 2000 PACE 4 5.9 EASTER EGG HUNT - April 22, 2080 -18:00 a.m., Summitridge Park, 1425 Summitrldge Dr. - Hosted by City and the D.B. Breakfast Lions Club. 5,10 7r" ANNUAL FRIENDS OF THE LIBRARY WINE SOIREE April 30, 2000 - 4:00 p.m to 7:00 p.m, Shilo Hilltop Suites, 3101 Temple Ave. 6. CONSENT CALENDAR- MPT/Ansari moved, C/Chang seconded, to approve the Consent Calendar, as presented. Motion carried by the following Roll vote:' AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/Ansari, M/O'Connor NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED MINUTES Regular fleeting of March 21, 2000 - As submitted. 6.2 RECEIVED '& FILED PARKS AND RECREATION COMMISSION MINUTES - Regular Meeting of February 24, 2000, 6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES: 6.3.1 Regular Meeting of January 25, 2000. 6.3.2 Regular Meeting: of February 8, 2000. 6.4 APPROVED VOUCHER REGISTER - dated April 4, 2000 in the amount of $710,546.61. M19Connor abstained from approval of tate following Warrant Register items: P. b. 9784 for $4,259.96; Joel [a Cudney for $63.03; Kimberly Deck for 128.52; Federal Express for $22.50; Carol Herrera for $13 and Hyatt Regency/Sacramento for $3,348.80 due to a potential conflict of interest regarding the Lanterman Forensic Expansion Project. 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT for February, 2000. 6.6 APPROVED NOTICE OF COMPLETION FOR SLURRY SEAL AREA 1 AND ARAM PROJECTS - ACCEPTED THE WORK PERFORMED BY Asphalt Maintenance Company of California and Manhole Adjusting and authorized the City Clerk to file the proper Notices of Completion to release any retention amounts thirty-five (35) days after the recordation date. 6.7 APPROVED NOTICE OF COMPLETION FOR THE TRAFFIC SIGNAL IMPROVEMENTS AT THE INTERSECTIONS OF BREA CANYON ROAD/SILVER BULLET DRIVE, GOLDEN SPRING$ DRIVE/RAPIDVIEW DRIVE, AND LEMON AVENUE/LYCOMING STREET - accepted the work APRIL 4, 2000 PAGE 5 Performed' by Macadee Electrical and authorized the City Clerk to file the paper Notice of Completion and to release any retention amounts thirty-five (35) days after the recordation date. 6.8 ADOPTED RESOLUTION NO. 2000-24:> A RESOLUTION OF THE CITY COUNCIL,OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE SAN LEANDRO DRIVE/CHINOOK PLACE AND BALLENA DRIVEMOVERED WAGON DRIVE NEIGHBORHOOD DRAINAGE IMPROVEMENTS PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY (CLERK TO ADVERTISE TO RECEIVE BIDS: 6.9 APPROVED SECONDREADING OF ORDINANCE, NO. 02(2000): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 99-1 AND SUBDIVISION ORDINANCE NO. 99-1 AND THEREBY AMENDING THE DIAMOND BAR MUNICIPAL. CODE - by title only, waived full reading and adopted Ordinance No. 02(2000) adopting Development Code Amendment No. 99-1 and Subdivision Ordinance No. 99-1 and thereby amending the Diamond Ser Municipal Code. 6.10 APPROVED EXTENSION OF PURCHASE AUTHORIZATION FOR A-1 RENTALS - to $30,000 for Fiscal Year 1999-2000. 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 FISCAL YEAR 1999-20010 MID -YEAR BUDGET AMENDMENT Council adopted Resolution No. 99-50 on June 15, 1999 approving the .FY 99-00 Municipal Budget. Staff is suggesting that Council' amend the annual budget to reflect the changes outlined, including but not limited to, increasing the General Fund resource projections by $1,001,750 and appropriations by $593,570, for a net projected increase in the General Fund fund balance of $834;€335. MPT/Ansari asked for a more definitive breakdown for City Attorney fees with respect to the Redevelopment Agency and Lanterman Expansion Project litigation matters. CM/Belanger stated that staff would provide the Council that information tomorrow morning: C/Chang moved, ;C/Huff seconded, to approve the: Mid -Year Budget Amendment for the FY99-00 Municipal Budget. Motion carried by the APRIL 4, 2000 PAGE following Roll Cali vote with M/O'Connor recusing herself from voting approval of any budget adjustments relating to the Lanterman Forensic Expansion Project: AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT1Ansari, M/O'Connor NOES:. COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS None 9. NEW BUSINESS 9.1 SELECTION OF ALTERNATE FOR THE FOOTHILL TRANSIT AUTHORITY. MPT/Ansari recommended that C/Chang be appointed as Alternate for the Foothill Transit Authority. Without abjection, the Council concurred. RECESS TO REDEVELOPMENT AGENCY: M!O'Connor recessed the City Council Meeting to the Redevelopment Agency at 8:30p.m. RECONVENE CITY COUNCIL MEETING: MIO'Connor reconvened the City Council Meeting at 8;35 p.m. 10_ COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS: Cfhlerrera stated that the Lanterman Advisory Committee met last evening and that all members were encouraged to attend the April 8 Town Hall Meeting to voice their concerns and ask their questions and attempt to resolve matters of misinformation. In the past few months, tempers have flared and feelings have been hurt, which is unfortunate. Many people have worked hard to resolve these issues and this is a critical time. She encouraged people to attend to find out the facts about the proposed Lanterman Expansion Project. There was no secret agreement. Project parameters were discussed at a recent meeting. However, this matter is subject to approval and acceptance by the community. Therefore, ;it is important to attend the meeting to attempt to work out some kind of mutually acceptable parameters and set differences aside: CfChang reminded residents to complete their Census 2000 forms and return them to the Census Bureau. The City's goal is to have 100% Of its residerits counted. He . and MIO'Connor attended the Maple Hills Elementary School Career Day on March 21 and spoke to second graders about being a Council Member. The class elected a Mayor and Mayer Pro Tem and the he and the students exchanged ideas about the governing process. This type of exchange encourages students to pursue city government positions when they reach adulthood. Also on March 21, he and other Council Members and .most staff members attended the farewell luncheon for former staff member Kellee Fritzal. Later that everting, he and WO'Connor attended the Pomona Unified School Board meeting during which several items were discussed. APRIL 4,20M PAGE 7 The School District Provided flyers to every student to take home to remind their families about the Census 2000 count. He and M/O'Connor told the Board that Parents have complained that school buses drop students at one site and picks them up at a different site. The Board also discussed the new Pantera School, which is stated to open in September. The school will sponsor special education and teacher training programs only at this time. The district may consider taking regular students in 2001 if the student population grows to a certain capacity. Construction of the Diamond Ranch High School Stadium should be completed by September 2001. The stadium will seat 1800 persons and can be expanded to accommodate 6000 people. The Board also discussed the State funded teacher - housing program, which encourages teachers to remain in low performance areas and work to better students' grades. On March 27, he attended the Four Comers meeting, which C/Huff chairs. The, intersection of the SR 57/60 Fwy. and Grand Ave. gridlock are top priorities for the organization. On March 28, he and other Council Members attended the Sheriffs luncheon during which they learned that since 1996, there has been a 45% drop in the crime rate. He thanked the officers of the Walnut/Diamond Bar Sheriff Station for their good work. On behalf of Council, he presented a proclamation to the Fullerton Chinese-American Assn. during their annual function on April 1. ClHuff said that since the March 21 Council meeting, he had attended 12 City - related meetings, seven of which had to do with traffic and transportation. Shortly after he joined the City Council, one of the members who had been very involved with traffic mitigation left the Council. As a result, he saw a need for the community to maintain a strong presence in regional transportation planning, go' he chose to serve in that capacity to the extent possible. Recently, a Tribune news article castigated D.B. to Stay out of the land sale of the Boy Scout- property. He explained the history and purpose of the Tres Hermanos Conservation Authority as it relates to this matter and traffic mitigation. He believed that if Q. B. works with the City of Industry and the Boy Scouts, that most of the problems could be solved. MPT/Ansari said that in 1996, she testified before the State Transportation Authority. As a result, the monies were funded for the SR 57160 interchange and the 405 near the 101 and the airport. She requested that this matter be revisited with CalTrans, She attended 17 meetings on behalf of the City since the March 23 meeting. She stated that resident Norman Bell is attempting to establish I a VFW branch. If anyone is interested in participating, please contact City Hall. She suggested that basketball hoops be plated in the City's pocket parks. She stated that the Automobile Club of Southern California is celebrating its 10e year anniversary. There will bea wall of photographs at the AAA office in the Country Hills 'Towne Center for public viewing. She continues to be involved with water/storm water and solid:waste issues as well as, economic development networking with other cities and regions in the area. She asked that tonight's meeting be adjourned in memory of -Steven Britt. APRIL 4, 2000 PAGE 8 M/O'Connor stated that on March 22, she attended the District Sanitation meeting in Whittier and the City On -Line meeting_ On March 23, she and ClChang spoke to second grade classes at Maple Hills -Elementary School during their Career Day event. She asked everyone to complete and submit their census forms. Also on March 23, she attended a Court Services Liaison luncheon between the Sheriffs Department and the Courts. She spoke about the Pomona Unified School District meeting. On March 24, she and MPT/Ansari met with Kosmont Assoc. to discuss the Economic Strategic Plan. That everting, she and MPT1Ansari attended the Sheriffs Booster Dinner, during which several community volunteers were recognized On March 25, she and MPT/Ansari attended the NAACP of San Gabriel Valley breakfast at the D.B_ Country Club. Basically Books held a sidewalk sale. On March 25, Danielle Bisterfelt was selected to be the new Miss Diamond Bar. Five women represent D.B. in over 60 citywide activities throughout the year. On March 27, she participated in the D.B. Rotary Golf Tournament. Council met with the Sheriff's Deputies who serve the City and discussed several topics of concern including speeding traffic in residential areas. She encouraged residents to attend the City's 11 t" birthday celebration. The Diamond Bar Community Foundation held its first full -member meeting on March 30. Annette Finnerty was chosen to serve as the Foundation Chairperson and Daniel Oaxaca was selected as Vice Chairperson. On March 31, the Chamber of Commerce Installation Dinner was held, during which Qr#en Pagan passed the leadership to Lary Tanouye, who will serve as president for the next year. AIDJOURNMENT: There being no further business to conduct M/{?'Connor adjourned the meeting at 9.13 p.m. in memory of Steven Britt. LYNDA;BURGESS, City Clerk ATTEST: Mayor -._.,..W-.�.., C77-_ ,..-.�_. ...,. ,.„_.ter_ ,r:�.., .� --- ^_• `__ _,. _._ ,. i ._, _ _ -R�tE r • �. rt fZess :=i {>=3 ts'tt-- _ _�_��C :iGSLSI�.s: .:.,.:- z -L , •! ..L��_t_ /SECTFUND -A-C7 ? _ _ lx. ,.:a �_.. ____.,_.a :9 R..__:'.F. . Y. .. I ._. y_. -t LiR+i CHECK S. 'Cl a.�_.C: . -6 - r_.: :_.v -ECT -157 T L }-T T ^ _ TOTE Vi 857 355 MERL- 50386 REFUMPPARK DEP WITAM7 MONO TOTAL PREPAID'L =( TO! AL TOTAL E '%)EEMIDUR 00 AIRTOUCH CELL '_;Si'__�, _ .may:-•__ L. T.v. _.1ay..• .... �>w_�v�.:•: 15__72 0014440-4212-51— ^_ LL ifc0- -EOC 7916 f r - -__ CELL R _._Li _..,:i- 3 li;'v�.vte `- - v),!l. :vl .T. .-JY i..+J _ .1+J-_ - 1264411-42125-- E S 137a18 354+19 -- va!_...a.. v. vp avrvv •.-..-� , p TOTAL DUE VENEOk AmTmkm PAW -:..AL e .. k 77AL DUE VENDOR - _ T _ TOTAL wilF 0 . TOTALVOUCHERS 2. --0 n ' a_ DUE:._F _. _.t 14 .-,13-2 ? t , _ TAL VOUCHERS TOTAL DUEVENDOR so of.1 PATTI ANTS TOTAL _ _ -N LEAKRm:'F-- p WAR'1 111,11 1 3z: 0411C/200C.- TOTAL _ TC-ITY OF DIAMOND iL`e�4 RURNI i ULE TPIR.11j, , (( rr,, A Z £f.v 5.i �A7 T r n ! - t - i 4fty__ P•:'"t3 r -.: LS _.... t- a , '.. _ _ ,_. __ - ,tea_ D. �Y LCT -.0 'S - - r. r - 1:3{ Cpl -y[.. J'i. Za_-f?T ��LL List,N. ` tr, I!� L..cLri". E_.__ _. L.sv_ ,.:.s' ..'L :a: a -,.i QLl i.Ur 00r a: -t AL ULIF IFE r _" - Iv_i C i ` q4 ZZ'I _ _ r+ •, u _ 71 i' c, ...?` _ ... _.:. A!, 'i : 5'.1, . 12 of X34 j T .:.a:_ a�, _V -i f i.: .$•i_,r. ..si ::- M XT.:. s : . - f:wa. :ifs__: _.... CITY OF DiAM3ND BA i i—a 04 f'P 1TI.5 L, C�w.l..TCpRN VOUCH - n - DUE THRUI: -4/16/2009 - .- PA '.. LsD_E_: '.i_CT .O i_'. av_tT U !NONE3L- vv„1T,I _a AMI-11-it-4 .:i_ .0 HEC.. BRENDAN r - - 0015310-41200-- _ SU rz L . _ Ji _ M . yTS HLF 8 - - TOTAL PREPAIDS .00. TOTAL VDUCIFIE7, S 215.20 TOTAL DUE VENIDOR 215.28 : tT.nyTS BSN - - - 16,06 .SLS 1 FCC_f AN C' T'Crt MTO -322.59 - 'c.. N r SUIPFLIES CE4^RE T ib - TOTAL ti_ PRE IDS 'a F 411 52 -FO.fv_ _U VENDt.: - .1Ja52 CABALLERO 4 1 F r'_�e 3 - t!L=}hR.. .TR r� ER 19. - �`5 t— � i 3 >= i. iaLr "v, <..:.. � L._._ L.. its 1_ <,.va�-.: - t ..3 a.. ._ �. v._.___. - -:Ti . tai...__v M& TOTAL DUE IVEN".:DOR 05A5 ___�•-t_ .2_i•_ �E_,��e__..v ._f'.v .�.�yL_ {, f- ur`. a.}_i 041 X51 a_r _ __ r �t_L u.V _. ;..U. T_: s'..,_reN._. C!e xdrtti; s ij `` Ti_—T!—!.L .PREF-HDI_ : TOTAL `VOUICHESS - TOTAL PREPAIES 3, 0 -0 0i - 1 OTAL C -....I L _ .... rI 'i - L DUE E. -j z of : LAZ� HAL' _ , v v: -rev TOOL PREPAMS 40-2 -i ! GUIC HEIR. S .. -: __<' :: ; •. t n PROF CHECKi 012 sm. smom tom .. ! +.. !255 00 -� : Vii _ f.i: y FROF. SVCS-FLAN 5 . n, 9 826.71 _ "0155 _e PRO�-SVCS t: S962 00-534 RE) ., i. ` -. :: TOTAL TOTAL -p. a_ 621'1- . 6666 L '6666 i 2 . i•:_ - :, L - UITI OF DIW$ 41' BAR i>.�£iL�t.i�_faa_>�� }'Lr�YC: . iyCa Al�,��° DUE THRU = (A/18/2000 CTOCCT i.4. SEI DESCRIPTION R.z_-IllJaa i ..>..s: '.+v _.. :::.:v. Jti _Rtv ... :.•_::. F }._ .9v E'.Lu. _: z. s' .r`.v. w:V>.- 54. 0 •i Tia._L ; D iii... VOUCHERS' TOTAL i.s >. R 54. 54. `; Cmus CORPORATION! t• :.;Y '... ,f -1 z TOTAL P _ _ ;t .. .._ '," . TOTALVETITIG71P. 1714401 tAI�T :_L3x:l n>.: : P TTML AIDS TOTA, - DTA f .i "v..au DOEa v.,�vt': - :i >_e:..� TN _ t _, ., TOTAL - r _ TOT C,9 COP—'TL.. Rri'v 001. 5`:5-,_,--42353-- "f _ i E ! ! E'C + !t, O 04/19!2000 35 = : ..>: i . T z TOTAL _'Ti f i' T I ..aL ..tts_�v: ...: 10 f"! T- _^ CONF-R! ,_: ; TOTAL PREPAIDS TUTAIL VOUCHERS TOTAL X, VENDOR Qu N : i2i 10.40 ' 4?111 120 35S13 - TOTAL PREPAIDS a .(. 10 TOTAL VOUCHERS 00 - i_Ot'. TOTAL J qiS CITYOF r IAM -1011 FAP _en r :L.. b:}i:�: i+£r li?•i}S_}? 1•_=SJ+&v ry, iLi_..R_': .,_?3].t..al - ry.,- PACE r _s f a'1 . E:. .} r4i _.- S } E11 � . ,i W T, �:yl e f DESCH 101.1 F(i 1 -{'L Md 014-1 :r} } i rt -y anisLf _:. _.� _'_.,: __.._•,_ :__ ,_11_11.•,. .._ � :=r Vv• >- .- - _.. i. .G ..-.. _._. _.-r_.,.•_ ....,�•_ <�.__:: •�{:-.? _,'1;1.11 ,_:_. ._,_.n <_� ��._ .' �_�Yv..:: '., r p Tl - _! iL.t i i. i4 :J t ZAP .' nz - 7'-�.i tC S rtl%. _Y - T .ter t f. ._.. r•..": _ :_v._:. _+�.._ [r: f iS ti Pf ;t f fl r ..}..i;_..! _x._. Lt. •: _:-a'i. P. •: .:'_. :S { IIC' JYi, - T.j L lr.iv. i -i c _4.e a3 •i-. — ,. ti Lam,025. 16- yfi t L - -_ l - ?? P, a, i r. 3: �___ ,:ii. r , t Al - L tet, t } - F.C,EA ION'f".�!"�.I°t�.:E cr nyt _c vu 55 V ._,.._.. -- >=,_1. ,.�2,. ^._. �pnnc �._ ..._�' r t -rims p .. - M 1101:._ T r - a��z_ 1111. 0111, 11:11. �< r-. , ...._ ..-.._. 111,1_ {V,, CITY 1. DIAMOND..yx 5.' lr 15 RN !��. 0/12/201-130i _ 15.'l8, -;l5 z ....::i- ._s.:'__' V031-011-. La=r. CL STUR - _;.ai.,'. tLt sa.. L:: , PAGE., 3. z - D1 _ 3i3 r 1 0:..- T 1-r U FO 1;` : ';[ Tsrr: 1411111%1017-2 T. M1nk t, DATEE UEWAN t t {i; �lif` �-� N Ft- 4 055 - -- j to o-_ J.l.:,._ ice..:.._:_- - Tu1 VOUCHERS �:� r- •-+_-1cTORL . t 04/ >_.yam r E__�, s_ , :. T lfi - TO AL U_ Vl_ TOTAL"1.. L_ iCht f.. DIAMOND _ B .. 1� 1U .t ,..a CLD. .. ii.6&S.37 i '3558i _,v:. .�.::_ WIS/2000 TO FIR' 666.37 - - TGTAL VOUCHEERE =7' AL .00 1 n __... ..___ .ter. a _..._:' rv:. .._.._ .J_. TOTAL REPAMS _ Y 6. - TrulTAL DE VEMOR M64 jt R. a 1 :_— n .I A. 145MI145M ;Ef _ !:^ _E q'E' 2-9 _::t M4'i;}IT n[ -T 11 il _ t - .' TO TALFF. 'C v CW - _ ., r rP T; DUE 'JENDOR 1-' 022. 1--.2.1L ....., :' ._.-__ NT AT- -FTOr - i r --r- , i 1 TOTAL DILE US. - .- TOTAL FR' A _ -_...Y DO f .. .. 97 yy kk ItJ3i _'i—i 01asj, ✓v j]: 1e-i, .-LCiJ.{{1 !LL - -- : — _ s-L_Cs.Tr. - f:.__ v i,.IN'l 4 .T-Aoe,.T FICA .-�—C .....0�' Y T _r -..i..x a.iLL ��" [!—T S'IFae i;st ri.�:-I rt f f .—Ir r_Jt,a �i'ak _�._—.. � n ...1Lfa_J -. `:- i_ FLQ 9 r i h {^ f r s 9 - - Mz­ e-Y...i .:.iv a. 'mn .. 1tA r .i '.... _.__+.-. r.: " r C. �3v_ s_•a.[it-ate l :.: ..-.vi -. �i:Y i �aaf•3 __ _ £F ;: {i ' ;ice_ - iUL r- E:�^- Vz -an ;_ :•_r v. �. .v __ ._r ._._ i. _ as +_ MAC A, i L; 65 -- - - - LL _ IV ...:__ z. L: i 31 UK OF DIAKIM BAR DUE THPU,04/18/2,0,00 e >: 41200-- 14 ;. Tr L. i i TOTAL E. FOA t t 9 OF n '.=r_FDA - Cl F-MIAS S�11'11. 50 01 04Y TOTAL PREPAIDS 35D: 11110 00 - DUE TO A DUE 5_.'. r[,a _ -. 350'00 -04AL SPIDIRTINIVE3inn NIC TOTAL Awnim 00 TO 7RIL ".400-LICH YS -6 - ., Tr E VENDOR DEB GRA., T 1_ L 00 .. .. — , r ',-, -. ` t:` i. IB -AY BAKERY, K, d + L _.. —0--j-42125-- ' 'f ,_i .., . . AC 75.34 - C 19227 FLllC _ -i t-� I r c. ' vi - v.::N' �. - .: .._. _. .. 3a. ..... _M_ ,. S.E. ... a �!a l;. - 04 L_i3 _ -- to+ - a011};041125 - TOTAL PREPAIDE TM. L - - - i u; -r .. VE -. .: LEN 3 HE ? :-' III. ,.:`- -> • r E^ i ':IJv .._:if n } /10.!� 7171. 4,Lt ivt�t.' aj• V=:Z si' 7171F�F�+ 1%L�as`•iLi��i3i'uTEll 7171 ME° 9 - T RU 04 18 /20 0 0 - 7171 7171 - 7171 . PREP 1B - . n _ r } a.._w S.. ..L u.` .: r, _. E V 'k'.' r '3;R�.'Lt4u - - T ¢^ ii it 7171: j..ii ii.�UUAI !riL I�i'iLt:�': 7171 .,_.: TMn Yfp:_Ii_s'S" _ _ s v . _ 7171 - `, T. a•.: •._x �{r�.�:�-- 7171 71__,71, vu: '��' �.vY ¢U a1� it_�_;i1_t': .� cc `i Fr a..a.?__ - H;_ 7171. -.' a _: a v.'>L_ >. ..:� t _�. __,= ,71,71.. z:�.l 7171, 7171 ccc I A-�__ •-. _. 71 rn .: 7171 - R:..., 4. - __ t _,k - -. ,. T -7171} 7171 '-us_u_�_ ` - ;... _i s -iv_ 45 71,-71 'n :v 77 J•. :' - i .' _ ' 7171 0 ,t -..1 L'!' 7171, t_' i ` 7171_. a _ ,.«-u 7171 _ _ ,_�..'•. 'v•�-_ __._•?,. « 71_71_: __'_ u 1. a_...' F.. t..x LN VV 7171 :•. ,Q ``71,71_. 7171 7171 _•_-._x ___> �..�_ v_«:J 71_71 __ _+rt.._� _. _1_s _.:.__. :. t -' 5 f- - 7171 555 1 _,;._.r q 4..._,.. P .n - F.:_. _ -.� • ,_}: .. _ _ • - I : . "- , - ° U,{,..�+ F t'C_ T 7171[.� >r• _ 7171. 71_71 7171 '--.-"_. r -. r.. ;- n :' . _._' ,7171 x i•_ . __ 7171 -, _; _ _.:' - 7171 ,•. '7171. t{ _ '-- _-'r ;7171 R •a v` !^ t ^iL }117 . m�[. 7171 �.. _.; ,�.' ._ -7171 ..aJ-_E_ -T _. 7171-_ •i, _: �tx _ "..t-, F. i :._t -•. 71 71- 7171.... .-_,✓ i'_ a.: .i fi-.w, - t_ „•I •-f ti Q `, i _ + moi- [ - - ,: }t5�.es-.e pt 1 7171 _E . u. _ G t it ..3 } 7171 _ 7171 7171. C.C_ F IY V:1 ' r; - �. ' ,7171_. _�.:t�•i.._ i M1 • _ _ 7171. r} : - ,7171 ' 71:: r r. _ 7171 i i- :. 1. - - .Y .: 7171• .t 7171,_ 7171 7171, 7171 7171 t ::. 7171._ 7171.:-S 1 '.•.e t_.v 7171 L i. - i. •_l :71:71_ s 7171 - _._)� : '' :[}.- - 7171 7171 •.: r 7171._ 7171. c i , '71: _ 4' r -j..' - ` !' _. � . -. :: _ _ _:F r tr 'k 7171 7171, -fir ,7171... ,. C_=C!` 71st... 7171 ._ __� - J -+.•; - -e ,:' BARf- TTr,:t.tt il��jk;�}iid � tr'. z 4 12 ', 4Cz t- PT IN ZATE ,I n d E;L REGISTER. w THRI 1 F.. :t^f 'trr't' t—.f .i,,.__T—LV_Lt, t �, T.M a,i r_ r Ff f Ci i_ .L _.:.._ 1 __.',._i_ .t, ._._.�—r•: t l — .._..v. ,_.-_•e C. a-., ww..., ..ix a.,Jr-eeQs- T. _r DTML RE F; I D6 1; l,£ F:.. i J,] OR ANSP - :. f"E- r-:T Ur,a T v r — . - -. : - .. L.i_L: L;. 'til, -�w>, _+L N. ... v 50 T AL F'REPA _ '.. 4 , _ + J ^ C -: -. "f-,` t....F. .. R REM ER t� TIS^ 047""181-21.101(" tt , "E f r} 4 .. -...at 1 iF,__,I'-}-h^- tai•: Nc 14, 171� PP :s ^C re r. •�_ Ol _ 11 _ 7 FR _�,. .. a i:Cv �T C Lp. _ -_ DO _ _ . _._ ll'. a:4v _.u4. t._: vv i, t_.s t'..i r - - 115 M. a CITYOF D'A:t___ x<.5 r -.i,Ff _..:T E: ('4/12/2-000 .•=3a ;..*. L_i' -' 1 i°(;[!tr }-.i:Ei_:STLi'i r .r .; - - ii s_ -ova 4'_ NO - : 1i• t -Y. •✓ SUMP R.,. iEB 00 5192 .. . `- - -,_ om tf .nTR.--FCv r - . NL 'iu_.1 _. a!'SRc -ter -1 _ .r - .5v5510'fJ .1G i4i!.d-lii.lir•= 7tis YQ5_^_i TWFr- r F{st<iuui', s_7.9 a♦it.! .. 2535510-4.64112-.1. C moon :.. F_ h 4 ... ,n. .IIL y _fAi!.L ,.a__ ,. y ... airy TOTAL ...,,_PAID!= _ DEPI ry _ ���_:t Lam_ .,4=,''_-;ELll.x-fix TOTAL PRUAM-115 TOTAL VOUCHERS 12,049.95 14599-6.412 "322 1?55 _r _fi :. t 1t 5`322 955 PROF 5.1499. k0i0! - ',:. ..._ PREF.:sig. s +ti - - TO is i L T -1 DUE VEMUR 44r'- COM CTR :_._ as -n. _ 6ZOII ., - F NA E N1 ,. IAL VOUCHERS _ - AT 't L-. iii-BATTERIES. - _ 45 A7 TOTAL ` 0 : ; V TOTAL. _ 45,47 j j-jA _ VENDOR E f i?- CITY L# DIAMOND BA 04/1Z/20010,15.:I,r "CRUS'i'? h =`G CT �'�' " - ,A 4 t' CT-ArCi �,rrC•'rt'i -Arr— C-i..g 7" 3. i C C i u,.MM Pt+rkllkt r,'is ..- n r:r. Y 1' a ,:. T f. TL - - C Tor R ._:,.._N 1 F� ni prc .... 'r': c .;TA FAi.. BIN" __ CL, . _�__ >,L - lit F3 �_ -. Tul �i . �. l,r_RED_ f} ` LE7UcO._N..LF tr��. 21t Ow,G _ _,: t t;y.t j.-, F: Ci a 71 r C _ _: :-. T ivh. i 1 8.a M a r - MM "hplll - 2 11K Qc :. 3DIE J U VV __._•�_. ,_..r rte_._ r,ll L`:: 3,.0 T ri. 3§ T :� __ 1_ .. _— T­ •__t__ iv —NMI—r,. .:i:[LAL T� NJ ' F ,? ITtz -V - v ri y 1.641 ^ PROE: 14 ¢Ii 20 3 DUETH '. 04/18/2000 " , )_D PREPAID C rn r. .. AC`-... o ` 0 , _. Z F TTCihi t 1_ ..:s T?t _ €^ HE i% 0014050-42320-- rsi?1 rt L. -1 17-3-55746. A}v,aL SUBEECI c C. Fa 7 d. N5 10 'T T, O 0 NAL DZI i __ ?.. ..; 1.55 -. PROz3 PEE 3� I TOTAL t0i RS T! MAAL_ , v'r? - .. N3 .. _. .. a r ,. 4 f R LAD iffiCY 4149-23 SUPPLIES TINY TOTS 31.2', •.p_ 001409042S25-- .... i t A' '.a } [t Y F.: v 414 — TOTAL �REPAIDS i TOTAL DOE VEKDOR 1�5.55 - _. .. T-11- lAL VF--'j:-'H- OTALVt fA 39. 67 3018;1 "MAINT RADAR 8UN3 TOTAL PREPAIDS " T_..._ tr rnS.. 14 '.7l 149.71 C (45 ? _. _ _ 4 _ of r v •- PEh 10.675 G N LEGAL 2 . . c00 5.4 t i40 r1__ CQl i:•t !-.-759 'F 155515-44-0-00-_ 106759 L i?. C 1 .moi, 117.P10, j _ _ ft KOAL EVC-AF;ti ! O RDW -FEB 17 L-.:, 10675a OEM LEOAL SVCS PER 149,15 4 flu, EB 113 XO ._ TOTAL DIJE VENDOR QW5 FORM_ i _ 0015350-42353--1 " ' :i _ T : v :. _ 3 1 ti 7 1 5550 " 11550.00 ?v .[IL h3 ,,"IONI BAR C _ t %1 f,!s iC R i TE: 04/12/20! f 4 CHER REGISTER, AG x 55JlU'E - r - ..:4a.•!:_e_v! .T'iir.C{ ..LULL. v.t_l•! DO Ti 1NJa _'_.. DESCRIPTION ... ..__V3 _r?FL CHECK - REC a ,T j.. LRF 1' -.t T TVENDUR i : E: TOTAL0,0115510-42115-� [ .: a eft T TPL - . .6 -84 :.. 1 TOT TOTAL VOUCHERS -144J, TOT _ 144.0 KICTRANC _U, 1's i P,31' vsu�: __ t?. t.Y_ 0 : r+.v.a. saa_'L'i: v io .TOTAL FFREPAI ^t •, .. VOUCHERS TOTAL t't - SELFRII RE RER-INIE' 0 .. - v AN _ .. 4 �- .. TOTAL 4.. TIDTAL—DIL-11-7, VENIDOR, 251-15 2=f 19. TOTAIL EFS, .3zial 14 L —T .. .,_1- ._....ALL a ll:- TO t V ONT OF DIAMOND REArs M1 ! 9 .—.: a iU,+ {J§;.r ��.---ij L3./_i*i{ 151181151 -.. tt0- UER, .- r]Sv,=R n t._ —: itL �r—_z .ii_i.^. S L tirr t SLT hri,l q:— ,z r LCj ": �>: t { 1 _ 1 -`1 - r i __ A.` L 7 T a ''L: . v v i' S.C.T _ LE_ 1 9-42112.17---7 _,'0,4117141 51D : - v 4 F, T A a.•.•s_. bLt:! Lu.,t ,.a_E.-,-t NT C RL L 14t = - 49 t l{ >�t L_. �:t,_ tr. —v _•—feel.. L f- Lit_. _:•tv_.t -i .: t { 1 71 a v � 3 13 i_ i `i sr r `.` __. •r._ — .:. 71 r' l -:—_• �.14 17 T Ckli:, ice.— R M __ leis.cr- :. _ 37 f' _ Ci in£ty' r art i rT f 5F ! 3c Cr'T ! if ,,, !4 C. ��ttT t rl_LL '16" f tr C: rt! ntli C Y7�5 vs 41 r:. ",--up.r n t m , c - L - - r' =1 CIL , AL 39= ^ -f �Ir DI L.Nay' tri' , iuI} t,:l,_ k i. .. t. -MZI ,.,a.i4.H,i =-- I M.'. .: ir LD.: IS 1 ,?.Or _39 } t c - - - _ :_ ,_': „_ -_ .__ ..,r�:,. ....._ ....,...- a •sex". nm Lu 1cf-A ir LL -- }T k.: ,. - - L HE rAt -5. E- 6-9 f r• M -. -41 4fD4 - ry _i t.i -��.,pi ivt i,. L mL EN -- C t r > ,;, r k .16 :.F L I E. — 23. ILL - - I '1 fvf.e;L, } Li'? C:a r,: f R tCv _i��:' r�Jix i.i ia_J —1 �� i i ._ .v. a.— r{ a .? ' i ti - = y — . _-'•: .t .u.:. _.: _E— :p r L: - } 1 e - -- :. _ - {� r : T L ITTr- .... _., No 4 SLIM— TE, } .. 0-41 4 01 «.x IES .:_Ar; , IRE -. :. rL Xf {" 04/1'2;-0-30 115,18;,i5 "CUIC ER REMETER _ - - . (li- _v_. THIE C;4 :• .iC /181O;OK. ' �,��: ;, is '.i �,:�rt"' T � - _S,r.•, -__. 1 .._._L. ..v.: _ •__ ... ,..,� ,.Lvv,... :aLt? -?. _' �: _• S ONE 4�E r. 8883 MTI-' 414 HT` gf c u CR _.t - - a. - 0 L s. T T l c rf MCI t_ RK vil CS 'r - _ Al CITY O MAMONID. BAG 'Rf1N40 IL 04/12/200 1L`)yt•0 1. O CH R VOUCHER .. 18;15.-- REGISTER PAGE: 20 - r..v-L.iTv to 04/1312100. R`1a E _its1 :_C,_T _ € s : _i1L :�=�; �L`• fix. _n. 1_ . j-a,L`t CHECK TRUGREENL t2r 1-3-1-85538-42216— - { 1 a -f V t itv LFF.. CMIT T[ Er'_1.. _ �+.:t �x.te:k. ..,_s Lr:I:'z,.St ,.8, 375. rl - - 7 E r MII - { �; � ._ av1 r - VENDOR POSTMASTER .:— - TOTAL -_ TC ;_.r:L >sv1.. h US 1 r r n ...: .-,. . _ 3. :._ a:<v 1,.----::.x•1 PRE a.1 ,,, Nr-ICALSE 41 lo - -.: _O VOUCHERS PEFUNDIN,. DEP SUMASE 0!,, TOTALTAi'.- Of A L VO`.!C�ERS- OiC -. 5 10 901531'z-3-42126— 1 6— 17-1 :I isCS - 3TERA -,01531':,;'-421--'-,---- _ - ".-.._ - a •____— a__�_ - — - 4 _`_ � r 239. 25 :m _ __ FTEF TOTAL PREPAIDS TOTA.,'- OF VENDOR 11151 Q ..1_ ..._....i -46412-1449OW12 9217 4hl PROF .177 401, PROF"—....1' — ill 4 6100 -, _ TfUlp- TOTAL PuIN-DATE:04 :: s CHEIR RE. , STER - ILL T!^+i_. t: ,?I;3,_NO PREPAID n v.. 3 ri _ ers r - S D g. ._.'t t" R+ i.TE 01 = ' -' f r r J L _ THCAR MTS-H.-rUFF 22/2e A 129 2504/1 RC 2000 i ARI '-. LEAS r, 192-5004/lSj2:C= 258124 :, r tt 14.:1 422._.0-- ,..EAG E' I - - - -Fr f C1.. 1? -.: :__ _ . v .:: i• y �.. _ - - - - ..A . 2 222 .- 2 _ a G . 222__, ,.,� �•:_t.. '; , : c - t-. �__.--- _ , ., _ r A i. ..D14036-42:310-- : x- -• - c., 7 F ur t- q r rS_;r 200 222 : _ ,- ITGS +r 12425 NO -. PALK,"ET SVCS 1/24 20.76 1-4/18/20,00 SLVS MTG-CHANS 2/25 19.'&00 04/18/2000 4 , 0014010-4232t-- -HAMEE. L ^ _ _-'., _O>_:_: ._. 2222_. +t_04/1812000 TOTAL F�REFAI :_..:,r_-. :. D'S 2 :::2_ 2,,2 VOUCHERS, - 86 TOTAL -_ VENDOR 1 L.. __i._.u__ __ •- •� ; _._ _ _ TOTAL _. x:222 ..n..._ r. - - - : c E r- .. ., - a uv. PR'OF SV' TREE " .i f ..- .x..::_ �. _ ir _ _ :- .. AF t ._ .0 ?� rr r-_' - _ . __ 2222 ... _: a:i t: ... _ . n A _ oo Tu i Z. _. 2222 ._: .s TOTAL. , AL. e+_._. . w+.s. _:: -:, _ 3t ,, tf :- r _ . ~ �> = E _11 AL 2 : hiV Of,- - _.,r _ -__: . TOTAL l_r .. _ .. rI r T. y r13. n Am. , P c L Ct - G 1 3 ff ll e IL -_... _._ 2 - L .; � i RT -• _ .#,.('-t�IR vitt' CE �i SFs. T41C�t t - { { i — If _¢I., i,uLl 1�' t ._I.� i« 3 r 3'rtii�-,jCTT bF� t,}, L F:i r ^ ,-_.0.-%c} — L.i? ' — �tI tl1 rbu j 432 TS'FV .,t-. L r F TA i D.- I FL :. 13 c { y ac A lic.l. 00c,r". CITY OF DIAMOND BAR AGENDA REPORT TO: Honorable Mayor and Members of the City Council MEETING DATE: April 18, 2000 FROM: Terrence L. Belanger, City Manager AGENDA NO. LD - 3 REPORT DATE: April 11, 2000 TITLE: ,Exoneration of Grading Bond (Labor, Materials, & Faithful Performance) in the amount of $9,873.00 and Payment Bond (Labor, Materials & Faithful Performance) in the amount of $25,000.00 for Drainage improvements on Parcel 1 and Parcel 2, located at 21095 Golden Springs Drive. SUMMARY: The Principal, the Mc Donald's Corporation, requests the release of their surety bond for improvement security as required in accordance with the Subdivision Map Act. The City Engineeringand Public Works Division finds that the Principal has provided sufficient proof of completed grading and drainage improvements on Parcel 1 and Parcel 2, located at 21095 Golden Springs Drive as shown on the grading plan and as -built plan on file with the City. RECOMMENDATION: It is recommended' that the City Council a) approve the exoneration of Grading Bond (Labor, Materials, & Faithful Performance) and Payment Bond (Labor, Materials, & Faithful Performance) for Drainage improvements on Parcel l and Parcel 2 located at 21095 Golden Springs Drive in the amount of $25,000.00 and b) direct the City Clerk to notify the Owner and Surety of this action. LIST OF ATTACHMENTS: x Staff Report Public Hearing Notification _ Resolution(s) _ Bid Specification _ Ordinances(s) x Other: Bond agreements; letter of request Agreement(s) dated 3/6/00. EXTERNAL DISTRIBUTION:' SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A 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 Report discussed with the following affected departments: CITY COUNCIL REPORT' AUENDA NO. MEETING DATE: April 18, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Exoneration of Grading Bond (Labor; Materials & Faithful Performance) in the amount of $9,873.00and Payment Bond (Labor, Materials & Faithful Performance) in the amount of $25,000.00 for drainage improvements on Parcel 1 and Parcel 2, located at 21095 Golden Springs Drive. ISSUE STATEMENT Consider exoneration of Grading Bond (Labor, Materials & Faithful Performance) in the amount of $9,873.00 and Payment Bond (Labor, Materials & Faithful Performance) in the amount of $25;000 for drainage improvements', on Parcel I and Parcel 2, located at 21095 Golden Springs Drive. RECOMMENDATION - Itis recommended that the City Council a) approve the exoneration of Grading Bond (Labor, Materials, & Faithful Performance) in the.amount of $9,873.00 and Payment Bond (Labor, Materials, & Faithful Performance) in the amount of $25,000.00 and b) direct the City Clerk to notify the Owner and Surety of this action. FINANCIAL SUMMARY This action has no fiscal impact on the City. BACKGROUND In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with the McDonald's Corporation to complete the grading and drainage improvements on Parcel '1 and Parcel 2, located at,21095 Golden Springs Drive. The Principal guaranteed faithful performance of this agreement by posting with the City a Grading Bond for grading improvements on August 19, 1999 and Payment Bond for drainage improvements on December 8, 1999. The grading improvements have been approved on September 23, 1999 by the City's consultant, Mr. Jon Bourgeois of Hall & Foreman, Incorporated. The drainage improvements have also been approved on March 15, 2000 by the City's consultant, Mr. Jon Bourgeois of Hall, & Foreman, Incorporated. The Principal, McDonald's Corporation, requests the exoneration of their grading bond and payment bond for improvement security as required in accordance with the Subdivision Map Act. The City Engineer finds that the Principal performed all works as shown on the grading plan and as -built plan on file with the. City. page 2 Bond Releases 4/18/00 DISCUSSION The following bonds are recommended for exoneration: Account Number and Amount: Bond. Number 6021577 for exoneration in the amount of $9;873.00. Surety: Safeco Insurance Company of America Reason: The grading improvements have been completed and accepted. Account Number and Amount: Bond Number 6030760 for exoneration in the amount of $25,000.00. Surety: Safeco Insurance Company of America Reason: The drainage improvements have been completed and accepted. u: Prepared by: Sonya Joe, Development Services Assistant 03/07/00 TL'E 12:19 FAX 858 509 3396 Mc DONALDS CORP C�3j002 5539935 'SLE-IRELPND 21 P02 MAR 07 '00 12:59 Me -Donald's Corporation Sar. Diego Region 11682 EL Camino Real, Shite40ri �!!$ San Diego, California 92130 (65@)792•[370 Fax. (858) 792-4629 March 6, 200^ Mr. Toho, Ilann CPT, of Diamond Bar Public Works Department 21~60 l✓.3f Coley Drive, Suitt 100 Dia-mond Bar, CA 91755-4177 Re: R ega_wst Lor Release of Bond number # 6034760 Dear Mr. ilasin On March 4, 2VIVO, McDot aid's subm.itt d a $2.000 grading'review deposit for *l a fi-.al roe :e� , of the r­_b;seA &-ad-i.ng plan* whie�::�ll $t_*3L t�3? n$S ITi�ilf" rir^_E?la�on connection +�€ Rtt. It la 4LiT Y mil that tv1'jbo." , .rt%yn:Wilw—A by al &:FoPmn.a n. A f l a 4 -1 -sting ti.attbee ('i )r of Di—nand Barwiaase the $25 000 bond that wac.;wquiirod ilN3f.fVt L, J fl r Yfl L4i.M ar .,.r ,tet..,. -� to guarantee i is proper installation of drainage improwzinents for t -he property located at 21095 Golden Springs Drive- The Sammy Cotrpaniy the, provideo`_the subject bond is Safeco Insurance Company of America. Thank you for your ss-'swith this bond ;EEW. ' If you have any questions please feel free to 4Vlllaci RbiA7UQ{ l'11111QtL tat (343j 5531'r1427 Respeectfidl j>> Ann Nimmo\ Real Estate Development Representative c: Randal Klmoto, Hogle-Ireland EA06731Bond Release, BOND NO. 6021577 F -- CITY OF DIAMOND aw>R Git^DINGi MOND aAHOJt AND MA`YZXUALS AM FArririUL 1'X&yj0RM,,NCX) ppgi�; McDonald' xjvow i►1L MSN >aY txESJI'P ills: •Issas Corporation as, aioC Larelvafbcr rerevee m eoll*+asivgly ar: •Pdnc)pat', and Safeco w • cotyorsuon o State of and d � and esastias lanes, die lows or who referred. asp,— u a `� au iD transect surety business in the State o[ C*Uft n a se. and bcr.,, bre and, leanly bound unw the Clly of jokwand Bac. hoceiraaffer resealed to as the •City-, After is t'd. srati ' 8 / 3 . G p 11110 ebr Falthrut 1Prrtoa Mance and and Msteslsk �t me y Ddtlxcat tot Labor paysnerat v whied Prineil dad Sunt bind tboseisoty tbair sinus, administrators, successors and assigoa, .bwdy and Severally :as tbbows. Insurance Company o'America TM CONDITION OF THE ABOVE ORUOATION 1S THAT: WfMxty%s S. Principal i,.,be Ovw er of a, Purcel of b and .w the C`.l .4"h ft is s..ldo co opaadota and has died vAth dye Cl a gt>ti4ia pl r � �'' Q pezfoem .arcing a*._21095 Golden Springs Rad. • Dial ion 'ar.11r'd'a Pe-Imit apPlicadon ter such pascal of 10M de,cribee VV1IE.ieR^3- a: a geaidon precedent to we approval of " stra at plan Princepal is tae CiW a bond, soeu ag J�ea b the Go 10r. his suiseontraeiors due m Required so deliver m Labor or talaeriah m dyers for such icaprasv rrsebq and in the twd%rW persons renting egvtpa.ezu or turnisbing ptil�uara to the provisions of rhe City's 'Code; and p`��� of Principal in complete Inch gradiajr w!'EREAS. all of ouch grading is m be perlbnnea in accordaet�e with Sa►Riitoec for such prrccl; said thestadi"S 111140 approved by %be City WKERFA-S. P'rInciptl shall perform any eltrtq;es or aherations iso the sraa4ig tselyttsd by, the City to eootorra ra at Pmv*d ptatvr for above said yrad4 g. w1d WHEREAS. Prineipat aba i complete the crad,112 operasions within eoa»ror:ueeanent; and ..._.__... lays [sous the elate of Wt11:RLiA3, rife eoufP4taou o1 such grading shall be at the $old cost and expense Of Prineipat. NOW- TNS:t.EFORE. if principal Haile faithfully pbrfotm orad sba11 pay the oontraetor. his aubcen all pursues Icsatfasg equipinalu or furnishitls labor us materials to sandy lot " aill coat of all warts as showataon die and Sladi"It plan in accordance with for eoodi"3331 of approval of said plats and Vernal, rhea' tides obi gado% shhall .bye 1111 and *old. PROVIDED, HOWEVER, It Principal SIMU 1301 pity the co,tnnaetee, Wa wbcvl3tstidsoc site all equipment or 6m aish ►fir liber or atsteriais sb V^" gar rho Aso cast at said .pproved staditas. thea this Versa= rations doesremain 1n AA •force sad enact and such contractor, tkghr.•a„tCsctoC, City Aad parsons shalt 'Isavc a duvet bUn t+t aedae against die Principal a»d Surety W140T tiles obtigatioa, subject to ora pdoslry of he allrisha P1t0VzDr-D HOWEVER, it Prinww shall suss la uu'aa1 plea 'thea this obligation shall n-4111In Neil three and affeet,Y tMc[a"n all u%w%:As shoaw en the +aypmv*d geadiny PROVIDED PURTIYSR. HOWEVER. Asst Surety- lieraby sUpulsges attd ygraes' Osat ne dttw.' ahendon of nrodlHeatlou of the ooneeset docwucnts or ac the work to be taerncd �' eswusion of ,fiat lm obliyatiats an deli' bond etnd it docs hereby waive notice of air wed eiu.ase• exaaubn o2haU in d,ee, rl�rsdon of nitfdificarlon of the eaturact dotvmtiaes or of work ai - be pe riarmad tbereW>dar. and PROVIDIaD. FURTHER, thvt in case *1411 ;x hmultht upon chit bong by the C3ty`ot any way 'brbw ail action on rhes bend, a eessonabls attnrney•y rte, to be 11 by d Course shah a+ t of Starry. 1N V/ITNESB wHEREOP. Prine.pat and Surety have caused O' simsels and sailed ahi■, law presetua to lea dul ; ' ?-9_t L--iiY nt „ AU tg Su.. t t9�9 y U. d SEAL ,iy Safeco Insurance 'Company of. Ameriw Mcd C_ ration y;.kr"yJ c._ Hy,_ vh�a'Koh PRES1Dt T ]man. Attorney -in -Fact i IicDo Via? ' s R11a z Dep -'L--#2.06 275 N. Min Ave. Oak Broo�sF _L' (iG52 o,. ILA REBS INSTRUCTIONS I. Ties &Dove bond tuuct be executed by bolls me Pruxtipat sand use Surety. 2_ If die Pr4scipvl is a COT cadaa, the bond must r eseeuwd iii dad eery. ace t ee lied signed by the Presideut or a V[ce-Presidealt and Out ;Seessissy or Asslsaaral :SIUMtety, and rise eorP*rue seal &M3944, if me Principal Is a- pscnsets7ytp it utu*r be signed by all palmers. It die .Prisacrpal it an 1o01virtual ce-GOWip. it ss ►voles s fictitious taAane, u trust be slVeied by sit per u us ifsvipg ssi Iceerest ire she 1>usfaeu, and the ftetidoass smaie must 1» aigucd alto. The IdS An issa be pIn th ped by bods die Principal aiid stye Surely. 3. 11ac bona after appro..al, must be filed wiUi dic city Clerk or dad City of D anima Har. POWER SI INSURANCE COMPANY OF AMERICA S Q F E G IAL INSURANCE COMPANY OF AMERICA JF ATTORNEY Hc+...; OFFICE: SAFECO PLAZA SEATTLE, WASHINGTON 98185 No, 7591 KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint ..a..:asss.s.s..•a*CARRY L WESSELINK; BRENDA D. HOCKBERGER; ANN FORMHALS;,DONNA WRIGHT; -DEBRA KOHLMAN; DIANE u O'LEARY; KRLSTAN RETUSNIC; WUTAAM REIDINGER MARLISE IAHNKE; ROSE ANN SEIDL; AMY WICKETI; Chrgago, IDuxKs'srsess...sas:asasa.ssessst �sss�ssssss.rsss.►s.. its true and lawful attomey(s)-in-fad, with full authority to execute on its behalf fidelity and surety bonds or undertakings. and other documents of a similar character' issued in the course of its business, and to bind the respective company thereby. MI WITNESS: WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA. have each executed and > attested these presents this 2nd day of February 1999 R.A. PIERSON, SECRETARY W. RANDALL STODDARD, PRESIDENT CERTIFICATE Extract from the By-laws of SAFECO INSURANCE COMPANY OF AMERIKA and of GENERAL INSURANCE COMPANY OF AMERICA: Icicle U, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the,Secretary, and any Assistant Vice President appoarted for that ipose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-inAact or under other appropriate titles with authority to ecute on behalf of the companyfidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any strument making or evidencing such appointment,' the signatures may be affixed by facsimile_ On any instrument conferring such authority or on any bond or Idertatang of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not I necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. In any certificate executed by the Secretary or an assistant secretary of the Company setting out (I) The provisions of Article Y, Section 13 of the By -Laws, and (i) A Copy of the power-of-attorney appointment, executed pursuant thereto, and (iii) Certifying that said power-of-attorney appointment is in full force and effect, signature of the certifying officer maybe by facsimile, and the seal of the Company maybe a facsimile thereof-" R.A. Pierson, Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA. do hereby certify that the regoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and bred and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. WITNESS WHEREOF,, I have hereunto set my hand and affixed the facsimile seal of said corporation this 19th day of August 1999 VP °�POR+r� a, �`� CGAPOIlNiE ''�• SEAL Z SEAL 1933 a is a Mita6OiYiill R.A. PIERSON, SECRETARY S-09741SAEF 7198 ® Registered trademark of SAFECO Corporation_ 212199 PDF WE ARE SENDING YOU: Attached Under separate cover via the following items. Shop drawings PrintsPlans Samples Specs. Copy of Letter Change Order X Other Surety Band COPIES DATE NO. DESCRIPTION 1 8/19/99 1 Grading Bond (Labor & Materials and Faithful Performance Bond) 0.,p*ern MAIM" sem: ` 17 o r flt amonsf ea rr bas a+4.4de" na , S. to of for Pareel 1 .�ttd parcet 2 tac�ted at 21139 L, is � . �, sif The COnVAKt ad tag Oml Cade to samm the y y AS 7Fti ip*bit Is , gsnesit a' delms ai3aeo<cs�. �. +� &,W +� atitet 45 pras+s . - ]Ot111, T1i"Ft'ytb test tissi !> rad, T Safeco Irtsur tt a GamGanY of America, 10s:�r ' (mood vri aoTabssa Of � rA) mode+t " satn a[ t C Strrc+ aicd&aft as gutty. alt DeM and SnWY �S+in�lbr'7 � att�it adu+lnad ssl _ - beRttyd =p0itrttt es„ ;� 45 �• Aiaowtt b�etns sane bM dwa S& pow& t� afOM WWcook Rte- !s 4""moray drow. unit S' at . %r 3k d a bleb o aRtl end std�C bs are E�ii:sef Ovw a tvm out b*im Vis, admaietistra M . assd: a�'iw j imay aid ac+tit'wty. nuursur Dk TM CYllN�ITM or 7 �Gw� 153UCK'RAT if 20 b ► ? ear arr its bwam mommm m a xass" ae a*6bes, Or� aealt *a 10 pgF uq �� �a with is 31bI CC I%-- �rtx OPO a W Aq a *W WAK *e aieh3tiekL rad w 1a w paorm, � i . o . tir s+ r amimia sd dF d Ni� thea Dep a°oas 'gym of +°y°q xisErraaetctacass P a sa 9ocstaa l3stta d !be tTrmil W* ct' p= toWWIae pedocsr�sad'ssssder the Camtr44 O+ screw win pq Ar IM trim in an .unc tai :xe�sttiu� � Pr gal sun' spirt U%*Aw Wil' Oftr = WS vbtisp, � ' rnd ua b bdn gwit iruee bnost ar aq cithe man >M16 ill scsxiaa 31"i at tbw ca 0"1 Dade 3a 10 m a r gbs aT i +aa m sial piaxo,ss yr *Air *asiw io an but beet mpg Ott bag0 su �II assets +mss %P4 s' . auvem Ams rn 1. case Ab i s b"W"t upon tihis t+ WA-%Iw.ft" r agutls Fal aenatnt tt.sed � �ev'+caslare, � ��• EU§k-"ik alba Sul", raw vadat MWV-d havoby wrebtsa and a,oR shat r- thwor. ee eseEr. ar s]u alcerx►ian, a94M_On ar =*dit5 W"Q Ir +t+r ��s�r ,eY e1e Cea�tses. era ib rroh rr ,s s' v+cu�c, na�icc aprssluaeiastrs ►IC SW aisa�t in mi» alia�t iM aOiWdaus uv*r this t+". of," such -=haw. exv-DA a br olvc. x4.arn�+. a�si°a .� ronP..4daw m re sdeewi of owil C 64k 4 t asi►7c or w xita eelc�aensteeeunslef.s'"O� ot'Cisiwaia Ga�if f`edc§ �1i snd Z"S. 253 5530835 HOGLEE-IRELAND 360 P03,�14 APR 11 '00 11:26 ° / 1i /'y 'SwU }� 1�1 uv cy 12lOS99 `THLi 16:51 FAX 1 859 792 4628 D�Lt._ g ° ov. aw til W�osF�st e$i4it a& d wb" ±afat in purpeas be dmf �� boSK eaeWWad b! h�aApli dStiau tla� �ct>aetb bdw. of ► mcptx b� 4>md � � t psi mss€ j► Safe s` ns'rrA C Evm eri Fkurcal d `' �r `�'ta*i _ �— ttorrey.-ln ct - -- tat�RfY pry Marl Ise Jahnke _ PRE _. I" rb Nate' ]Nt dald am# SC ft_*a iW /�ptieotc srtd 46md. aR rlgr�+ers 1lprai Ali r zad mrd mdcwce •f fly drr y qla yert sly at O*#Wjy jft *O n� be e+ftdMd_ _ Afigh 5530935 HO(BLE- i PELF 320 P05/14 APP 11 100 11:2? uan W.1 Ii U3 cn4na " DQNA `S CORPORATION (ACKNOWL;E. MMpy ) STATE OF ILr" NOI cavNT,r OF DUPAGE SSS 1, Deitire !elan Coitee-Arooks, a No afQresaitf, , 9 ERE3Y CERTIFY that Larry B on n artd for the cairn corer ratlors,, a 0etawaris -- ; -., �e:President of and state person whoa a name is s potation, who is'perso Donald`s who to the forePOcsing�rknown to fi0 to be the same appeared #ore me this day in Personand Ott as such Wce l�'re wren# deliveredtl*e "r3 i e t acknOwvledS that he' rurnent a his free end voluntary act as sdtnt, sealed anti as the free and Voluntary act Of said corporation for theac' and rce PresidentPresidentand use #Q purposes tljerein set Gruen under rny hindandntrteriai seal. this 8e day of ecernber, 299 ; Not$ry Public _ _ _ MY COMmission expires: Ot a "OFFrCIA , SEALi \v N! N!� -, y Pv 1ic, Stanof Tilin �c ;lsai� Fx � �1'res fit. 22, �s�l.SWinwDaosnCrr�,.nc,c,: 5530935 H GLE—IRELAND " 580 P97:'14 APR 11 199 11:27 llri)liri�u filltts'::>i YAA ! ba# "'ti L 4f91Sf 19c';tS Sti Ir�nn7 7OV16R WEI; �&W C* a arASAFE CO-Cji� ATTIORMEr tw astar-a �—M BAK90P%A?A SLAT Rmow ws>,lsK«6tY�ht Auy�c tssn a& myTimse -A: TiM "I '41��P"PAWQFM,11 BUrA«,aOMM04OMPAMNC* CIO~ iM,t'70C ,sn.. .mpe erns aaK.,.e+�„sth„ �"" �""""""'sr'�+AFAY L Yt£ 3EL iliK: �1=#�tliJC i1. iiOCTBttILaER M1lE fC LS aR�1iMs tel: OMA AX IMAM K O(JAAV KROUSI R51�33 iC Rr![ T.i�SAi REMNIMP- YAAMME UtWgi jtC75E A1MN SEt13L; ANY WtCKM. Cllogpyp irmir••••••••••wMrwti........»�...ow...w.......... . R RM! i�01RA1R ��M, iMl1 � i� l7eai an l iii tsaNal(11leJ1y � a�qr �e � p{}y[+' � i �rlii► �1�irTcl ��*���QrtbWdltis9i:.ittiCtiDtlidRll:. M ""IOW SAPWID MM4$9* COMPANY OF + M*XA tU COWMT of AM3WA M.. .M,.mo aer/ idiWr ?„� at�af MR sec�r�aY � w. was���wocuwm, RA.. YAM oco 5530935 HOGLE- I RELIAND 380 P08/14 FSPR 11 '00 11.2$ 12/09/9B TMV 16:52 VAX 1 Y>'# 7A2 4629 MCI) fiIS t(J11t(SH - 7cco! all MCi}t:?NALMS CORPOMTION (ACKNOWLEDGMENT) STATE OF ILLINOIS COUNTY OF L?UPfiGE SS: t, CLeidre Marie Cnutee-?r0nks, a'Notary Public in and for the county and state aforesaid, DO HEREBY CERTIFY`that Lar 8. Lana. Vice President of McC iontaid's corporation, a Delaware Cogwation, who is personalty known to me to be the same person whose name its subscribed to the fareg i g instrument as such Vice President appeared before tie this day in person and acknoW edged that he signed, seated and delivered 04 said instrument as his free and voluntary act as such Vice President and as tate free and voluntary act of said carp+orativn for the uses and purposes therein set forth. Given under my hand and notarial seat, this day of �;ecemEaer. 2999 cur t+ 4k� - Ni Lary Public » My commission expires. 0112000 "C C1L L ICE.AV D-6dre M- is F&AI R"i �latuy ?..ubiie, state of B avis tly CenlrissimE* is IsA. L auKsorFscaw,rrrowcnnc�cml..a0c� 5530935 ' H9Gat_E— I RELANIS 320 P09/14 APR 11 100 11:28 12<09/9i) THV 16''52 FAX I 85h 7V2 40211 Mil) S1) ld lltls3 EXECUTED IN DUPLICATE %gANm 68� Q7-'fiG >Rw�rvL sour. *GRWOM (Am 'CAWZM-3 AN am we* dwcdw ME bums; giltttBxte fOr P�Irze] 1` and arc -111,T Z tricOK _At 21095, e7F prtna.: Ltd. `tinct Bar, CA: %1=9A5, Piit=pV It VM�*11[7d-'it &V 00 tGl W Of '1kM COOMftbf ht" a AW the L�l;ti'tlktl p� RW_ Of . »! awt, dWemtdehrlg. aad a a Cb! - !an X of # r1c tNawrr �rtdasdibtr�' M`�h �'� CSlaeatpr^) s deg ad*;sd su=q tnpcz atw W tbc kwatto Saw ii6rat as *waly. its b dd lad Andy Bernd uuea;rw*k A;ear se *qm a Tk nit "Eine Thousand and WIDO awlAw ($1MMI *" up= bow Aug batt thm to cast aanclsc7l Vim in ta>rid wftaw9i r# the trutatt Status of b)as. 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In 1puLL is bt:trugbc upon this bawd Sunty Sinter eVe" ib pay & gun qm sjA mmmgblc stwrecyrs. ftm i:,>I sn at uw=t fratad by;u1c mwt, F[1R'I'I�R, ttlea 544►. lbi" �tri!llae lu=ieb!! �ipi{?fmrr- � # tic era , ea�tnsicm a� iiu►n aterrava$ addti ton iu v"WA adorn as f1m ecgms of the Co6&&Oo ar ad * vw* to le patbr;red tht� succler, or Mc i iltio" dor the tail Okaiut tttigt friary &fti= irss abiip4�o[+s trader this tad it am b aeby► *jmwc sroti 4 ai'snY s ctl►a a ex�,opaitia efLUMM. ahs, adetiuottt, ar Un"Coft to tap tttM CC* $ QWfWmt t ar to the s,Q ar b t nada . batletr[�d Fr.:Gaea bftA r Saha tbs p*45kn Crtalift" C*,d CoQta if 'L=.$ ar d 2442. Tft CAV Is USC nYl b--fiqwT orf** %*A *a hats a # dS* eta pa"Imm. W 1fR *mai ; t vfdbmoj., ++tea (7tf riAi eaVa4oepanE _ tb=+ i.raarutunM* seek 4f VA;4 sail &r st! V%Wpases be ! At< f ptaai 1�ae0F; baiae bona data esle*retarA by PriadVat wW Se wV. eu i5e awe ad &nb by aow, rh,, wat>Ae of cetr�* �tprtsra a iwy wul; hmeto, Atliutead and lb-im pvp m t>* tr ysail 4F {ti ar+dersrAaea-tepresarntai+rcl'sj pufttaant TO Oatttarity of Its "V aninx ftaly. 5530935 HOOLE-IRELAN 36 P11/14 APR 11 'Oe 11:29 12/111/911 CMI' 16.53 VAX t Ask 7312 4629 MCD Sl) Lt?i011 COUNTY OF COOK On this 8th - dav of December , 19.9_ befate me persawRy apPemd marl se Jahhkt. lmowv, to me to be the Ad*mcy_is�-Fact of $afeco Insurame i parry a cr the carpomda a that ex=utcd ft wid insrrwMu. and acim+wtcdgcd'to n4e that amb corporation cututed ft 3 YID WITNM 'WHEME z have hereunto Set my,band wid fixed my official seal„ at my office in ft afamaidcox nty, thee day and yeas in fts cerQhcaw fint written abo". ti►r�r�:rriiii+t*siiitiitfrrar�. OFFICIAL SEAL" DIANE- ^-��- —shin pu3tc. SUTEOF 111.100's {lti[giAry Pubiic) v P�Jn�n €irss,an.1, xQci 5539835 HOGLE=IRELAN5 380 P12/14 APR 11 100 11:29 12/09199 ''ITT' 16;53 FAX 1 853 702 4829 'llf-D `;1l lslioi '�QYbER s�fECi'i ��cgrlr�rr+ai��x #..Ma4,. its rsm.:.5 sham ''w+OaR7sfRq� BEiaw ori an0 !Mn belt the 8yar M1iN11rt��sr, �n�.. ae q, i/rl ��41A ilii �t �iQ+ea�enir4 SWPNWM. an ml F 4E n0'a"T paeq df wRMftsiftsmm 8th :1999 MCDONAL©'S CORPORATION (ACKNOWLEDGMENT) STATE OF ILLINOIS COUNTY OF DUPAGE SS' 1, Ueidre brie C0 ae-Brooks. a Not=ary Public in and for the :wu my and stag aforesaid, DO HEREBY CERTIFY that Larry B. Lonci, Vice President of McDonald's corporation, a Delaware Corporation, who is parsorrally known, to me to be the sane person whose name is subscribed to the forming instrument as such Vice President appeared before me this day in person and acknowlec" that he signed, sealed and delivered the said instrct nem ae his free and vckweu y act ss such ice Presldent and as the free and mAuntaty act of said corporation for the usm and purposes therein set forth. Given under my hand and notarial seat, this B"' day of L1e�beerr 1899 Notary Public ` ' iwown��raos My commission eypiresS 01L2gY00 10 + CI'AL S +"AV* Deje-re A, Zrie Cautet4rooks Nomy A:Slic. State of til is �.� v, 5530935 HOGLE—IRELAND 418 P02 APP. 14 '00 10:.19 l SLE-1RELAND� ` Y -CS E• " 4 46 MO H D « A A Land Miming & De kp"Ld�.1UAgW tENGi '00 APR 14 A10.2? April13, 2000 Ms. Sonya Joe City of Diamond Bar = . Community Development `Department 21660 East Copley Drive, Suite 100 Diamond Bar, CA 9I765-4177 Re: Request for Release of Bond number #:6021577 for the property located at 21095 Golden Springs Drive Dear Ms, Joe: On behalf of McDonald's Corporation, I respectfully request the City of Diamond Bar release. Grading Bond Number 6021577 for xhe sum of $9,873. The initial purpose of this bond was to ensure that the grading process was properly completed according to City standards'. The grading process as well as the McDonald's restaurant has been completed in accordance to City standards. Therefore, McDonald's believes this bond release is warranted. The Surety Company that provided the subject bond is Safeco Insurance Company of America. Thank you for your assistance with this bond issue. If you have any questions please feel free to contact meat (949) 553.1427. Respectfully, Randal K.imoto Associate Project Manager c: Debra Marinozzi, Construction Project Manager P:..%0673IGrmlinS Bond Rebase, 5 Corporate Park, Suite. T6Q Irvine, CalifUTrtia 92606 949 1553-1427 • vnx 949 r 553-0935 + www.Bngleirelarnl.e)rn IRVINE .' XIV'r.R5iuR CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: April 18, 2000 REPORT DATE March 15, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Resolution No. 2000 -XX "A Resolution of the City of Diamond Bar for Approval of Final Tract Map No. 50314, for the Subdivision of a 44 acre Site into 15 Single Family Residences, Located. in the Country, in the City of Diamond Bar, California" SUMMARY` This project consists of the construction of 15 single family u0s on 44 acres of land. The Final Tract Map has been submitted by Windmill Development to the City of Diamond Bar for approval. The Final Tract Map has been reviewed and technically approved by staff. RECOMMENDATION: That the City Council a) approve the attached Final Tract Map No. 50314 b) authorize the Mayor to execute the Subdivision Agreement; c) adopt Resolution No. 2000-xx; and d) direct the City Clerk to certify and process the map for recordation. LIST OF ATTACHMENTS: X Staff Report T Public Hearing N otfication x Resolution(s) - Bid Specificatlo x Subdivision Agreement x Other: Final Trt Map EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes x._. _ No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? X Yes _'No 4_ . Has the report been reviewed by a Commission? Yes xx No Which Commission?' 5. Are other departments affected by the report? Planning Division X Yes -_ No REVIEWED BY: Terren L. Belang r JaWes DeStefana David G. Liu City Manager Deputy City Manager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 18, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Resolution No. 2000 -XX "A Resolution'.of the City of Diamond Bar for Approval of Final Tract Map No. 50314, for the Subdivision of a 44 acre Site into 15 Single Family Residences, Located in the Country, - in the City of Diamond Bar, California"- ISSUE STATEMENT To approve Final Tract Map No. 50314 located in the City of Diamond Bar. RECOMMENDATION That the City Council a) approve the attached Final Tract Map No: 50314; b) authorize the Mayor to execute the Subdivision Agreement; c) adopt Resolution No. 2000-xx and d) direct the City Clerk to certify and process the map for recordation. FINANCIAL SUMMARY Approval of the map has no impact on the City's budget: BACKGROUND/DISCUSSION The initial Tentative Map application was made to the Planning Commission at a duly noticed public hearing on July 22, 1997 which the Commission commenced its review of the application and on December 9, 1997, adopted Resolution No. 97-16 recommending City Council approval of the applicants proposed project. The City Council conducted a duly noticed public hearing on this application on February 3, 1998 which adopted Resolution Nos. 98-08 and 98-09 approving the Vesting Tentative Tract No. 50314. The conditions of approval require that certain improvements (such as streets, sewer, storm drains; etc.) be constructed for this development. As the improvements have not been completed at this time, the Subdivider is prepared to enter into an agreement with the City to construct these improvements as a condition precedent to approval of the final map and has offered surety bonds to secure his performance. The subdivision agreement provides for the construction of all improvements and 'setting of subdivision monuments: within 2 years. Also Labor and Material and 1 i Performance Bonds are to be posted for Grading, Street, Storm Drain, Sewer, Domestic and Reclaimed Water, Off -Site, Monument and Landscape/Irrigation Improvements. This project consists of the construction of 15 single family units on 44 acres of land. The Final TractMap has been submitted by Windmill Development to the City of Diamond Bar for approval. The Final Tract Map has been reviewed and technically approved by staff- The Final Tract Map 50314 has been reviewed by Diamond Bar Public Works Division and has been found to be technically correct and conforms substantially to the approved vesting tentative tract map. The final map meets the requirements of the conditions of approval. i 2 RESOLUTION NO. 2000- A RESOLUTION OF THE CITY OF DIAMOND BAR FOR THE APPROVAL OF FINAL TRACT MAP NO. 50314, FOR THE SUBDIVISION OF A 44 ACRE SITE INTO 15 SINGLE FAMILY RESIDENCES, LOCATED IN THE CITY OF DIAMOND BAR, CALIFORNIA The initial Tentative Map application was made to the Planning Commission at a duly noticed public hearing on July 22, 1997 which the Commission commenced its review of the application and on December 9, 1997, adopted Resolution No. 97-16 recommending City Council approval of the applicants proposed project: The City Council conducted a duly noticed public hearing on this application on February 3, 1998 which adopted Resolution Nos. 98-08 and 98-09 approving the Vesting Tentative Tract No. 50314 A. RECITALS (i) Windmill Development, 3480 Torrance Blvd., Suite 300, Torrance, California 90503, (the "Applicant" hereinafter), has heretofore filed an application for approval of Final Tract Map No. 50314, (the "Application" hereinafter), as described in the title of this Resolution. (ii) On July 22, 1997 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the subject matter of the Vesting Tentative Tract Map and, upon conclusion of continuedpublic hearings on December 9, 1997 the Planning Commission adopted it's Resolution No. 97-16 recommending that the City Council approve Vesting Tentative Tract Map No. 50314_ (iii) On February 3, 1998 the Council of the City of Diamond Bar conducted a duly noticed public hearing on the Vesting Tentative Tract Map and concluded said 1 public hearing adopting Resolution Nos. 98-08 and '98-09 approving the Vesting Tentative Tract No. 50314_ (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: 1. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Council regarding the Application, this Council finds the Final Tract Map to be in substantial conformance with the approved Vesting Tentative Tract Map and this Council hereby specifically approves Final Tract Map No. 50314 and authorizes and directs the Mayor and City Clerk to execute the Subdivision Agreement for installation of public improvements required thereby. 3. The City Council hereby specifically finds and determines that, based .upon the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, no significant adverse environmental effects will occur. 4. The City Clerk is hereby directed to: a. Certify to the adoption of this Resolution; and 2 ADOPTED AND APPROVED this 18t' day of April - 5 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 18`h day of April , 2000, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL, MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk, City of Diamond Bar 3 SUBDIVISION AGREEMENT THIS SUBDIVISION IMPROVEMENT AGREEMENT ("Agreement'' herein) is made and entered into by and between the City of Diamond Bar, a municipal corporation ("City" herein), and the Subdivider whose name and address is set forth in the Subdivision Reference Data attached herein as Attachment A RECITALS A. Subdivider has presentedto the City for approval a Tract Map, identified above in the Subdivision Reference Data, of a proposed subdivision pursuant to the Subdivision Map Act of the State of California and the City's ordinances and regulations relating to the filing, approval and recordation of subdivision maps (collectively referred to herein as the "Subdivision Laws"). B. The Subdivision Laws establish, as a condition precedent to the approval of a Tract Map, that the Subdivider comply with the City Council's Resolution of Approval and either (i) complete, in compliance with City standards, all of the improvements and land development work required by the Subdivision Laws and the City Council's Resolution of Approval; or (ii) entered into a secured agreement with the ' City to complete the improvements and land development work, within a period of time specified by the City: C. In consideration of approval of the Tract Map for the Subdivision by the City Council, Subdivider desires to enter into, this Agreement whereby Subdivider promises to install and complete, at its sole expense, all public and private improvement work required by the City for the proposed' Subdivision. Subdivider has secured this Agreement by improvement security required by the Subdivision Laws and approved by the City. D. Improvement Plans, and related specifications, numbered as designated above in the Subdivision Reference Data, for the construction, installation and completion of the Improvements identified in Schedule A hereto, have been prepared by the Subdivider, approved by the City Engineer, and are on file in the City's Public Works Division. The Improvement Plans, and related specifications, are incorporated herein by this reference. NOW, TIEREFORE, in; consideration of the approval by the City Council of the Tract Map of the Subdivision, Subdivider and City agree as follows: 1. SUBDNiDER'S OBLIGATION TO CONSTRUCT IMPROVEMENTS A. Subdivider shall, at its sole expense, and in compliance with the provisions of the Subdivision' Laws, the Improvement Plans, and all applicable City Standards, furnish, construct, install and guarantee the Improvements generally described in Schedule A attached hereto and described in Tract 50314 Subdivision Agreement dated November 1, 1995 and incorporated herein by reference as though fully set -forth, SUBDIVISION AGREEMENT PAGE NO. 1 13. Subdivider shall acquire and dedicate, or pay the cost of acquisition by City of, all rights-of-way, easements and other interests in real property for the construction or installation of the Improvements, free and clear of all liens" and encumbrances. The Subdivider's obligations with regard to the acquisition by City of off-site rights-of-way, easements and other interests in real property shallbe subject to a separate agreement between Subdivider and City. C. Subject to any time extensions granted in accordance with Section 4, Subdivider shall commence construction of the Improvements as set forth above in the Subdivision Reference Data following the, heading "Commencement of Improvement Work", and shall complete all Improvements within the "Completion Period" specified in the. Subdivision' Reference Data, provided, however, 'that if the City Engineer reasonably determines that accelerated construction of the Improvements is essential in order to protect the public health, welfare and safety, the City Engineer shall give Subdivider not less than 30 days prior written notice to commence or accelerate installation and construction of the Improvements,, or any portion thereof. The notice shall describe the work to be done by Subdivider, the time within which work shall commence, and the period 'within which the work will be completed. All or any portion of Improvements may be required to be constructed or completed at a specified time. If the Subdivider objects to the commencement or acceleration of the Improvements as specified by the City Engineer, Subdivider may appeal the decision of the City Engineer to the City Council. Any such appeal shall be filed with the City Clerk within -10 days after receipt by Subdivider of the written notice from the City Engineer. D. If the Improvements to be constructed by Subdivider include monumentation, such monumentation shall be installed not later than sixty (60) days after the City's acceptance of all other Improvements, pursuant to Section 2. As used herein, "monumentation' shall mean the setting of survey monuments 'and tie, points in accordance with the Subdivision Laws, and the delivery to the City Engineer of tie notes for the points. E. Subdivider shall, at its sole expense, replace or repair all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged as a result of any work under this Agreement. Any such replacement or repair shall be subject to the approval of the City Engineer, F. Until any category of Improvements is accepted by the City, Subdivider shall be responsible for the care and maintenance of such Improvements and shall bear all risks of loss or damage to the Improvements. Neither City, nor its officers, agents and employees, shall have any liability for any accident, loss or damage to the Improvements prior to their completion and acceptance by the City. G. Subdivider shall, at its sole expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices, and pay all fees required by City ordinance or resolution and all taxes required by law, H. Not less than ten (10) days prior to commencement of work on the Improvements, Subdivider shall give written notice to the City Engineer of the date fixed for such SUBDIVISION AGREEMENT PAGE NO. 2 commencement of work in order that the City Engineer shall have adequate time to schedule all necessary inspections. 2. INSPECTION OF WORK AND FINAL ACCEPTANCE A. Subdividershall at all times maintain proper facilities_ and safe access for inspection of the Improvements by the City Engineer and other City personnel. B. Upon completion ` of the work on all or any category of the Improvements specified in Schedule A, the Subdivider may request a final inspection by.the City Engineer. If the City Engineer determines that all or, any specified category of the Improvements have been completed in accordance with this Agreement and in compliance` with the Improvement Plans and all applicable City standards, then the City Engineer shall certify to the City Council the completion of such Improvements. Subdivider shall bear all costs of inspection and certification for acceptance. C. Acceptance of all or any specified category of the Improvements by the City Council shall be made upon recommendation and certification of the City Engineer following inspection of the Improvements pursuant to subparagraph B above. The City Council shall act upon the City Engineer's recommendation within thirty (30) days following certification by the City Engineer that such Improvements have been completed. Acceptance by the City Council shall not constitute a waiver by the City of any defects in the Improvements. 3. GUARANTEE AND WARRANTY OF THE IMPROVEMENTS A. If, within a period of one (1) year following acceptance by the City Council of the last of Improvements specified in Schedule A, any Improvements or part of any Improvements furnished, installed or constructed by the Subdivider, or any of the work performed under this Agreement, fails to comply with any requirements of this Agreement, or the Subdivision Laws, or the Improvement Plans and related specifications,' the Subdivider shall, without delay and without cost to the City, repair, replace or reconstruct any defective or otherwise unsatisfactory part or parts of the Improvements. Subdivider's obligations hereunder shall include the repair, replacement or reconstruction of all irrigation_ systems and all trees, shrubs, ground cover and landscaping for such one year period. B. Should the Subdivider fail or refuse to act promptly or in accordance with subparagraph A above, or should the exigencies of the situation require repair, replacement, or reconstruction to be undertaken before the Subdivider can be notified, then the City may, in its discretion, make the necessary repairs or replacements or perform the necessary reconstruction. If the Subdivider, s improvement security does not cover the total cost of such repair, replacement or reconstruction, the Subdivider shall <reimburse the City ` for any excess costs incurred: SUBDIVISION AGREEMENT PAGE NO. 3 C. The security furnished for the faithful performance of the Subdivider's obligation to construct and install the Improvements describedherein shall include Subdivider's liability hereunder for the one year guarantee and warranty of the Improvements.' 4. TIME EXTENSIONS A. Upon a showing by the Subdivider of good cause therefor, the date for commencement of work on the Improvements, or the duration of the Completion Period, may extended by the City Engineer, with the written concurrence of the City Manager_ As used herein, "good cause" may include, without limitation, delay resulting from an act of the City; acts of God or force majeure, and strikes, boycotts or similar job actions by employees or labor organizations which prevent the conduct of the work. B. A time extension may be granted without notice to any surety or sureties of the Subdivider and shall not affect the validity of this Agreement nor release the surety or sureties on any bond given as an improvement security pursuant to this Agreement. C. As a condition of any time extension provided for herein, the City Engineer, with the written concurrence of the City Manager, may require the Subdivider to furnish new or modified improvement security guaranteeing performance of this Agreement, as extended, in an increased amount as necessary to compensate for any projected increase in the Estimated Total Cost of Improvements, as determined by the City Engineer. 5. EWPROVEMENT SECURITY A. Prior to City's execution of this Agreement, Subdivider shall provide as security to the City; i) For Performance` and Guarantee: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements, Grading and Monumentation as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider assures faithful performance under this Agreement and guarantees the Improvements for one year after 'Ithe completion and acceptance of the last of such Improvements against any defective workmanship or materials or any unsatisfactory performance, pursuant to Section 3 hereof. ii) ForFayment: Security in an amount equal to one hundred percent (100%) of the Estimated Total Cost of the Improvements (excluding Grading and Monumentation) as set forth above in the Subdivision Reference Data. With this security, the form of which shall be subject to City's prior approval, the Subdivider guarantees payment to, contractors,' subcontractors, and persons renting equipment or furnishing labor or materials to them or to the Subdivider. If monumentation is involved, this improvement security shall also guarantee to the Subdivider's engineer or surveyor payment of the Estimated Total Cost of setting monuments as required by Government Code Section 66497, SUBDIVISION AGREEMENT PAGE NO. 4 B. If the improvement security is a corporate surety bond and in .the opinion of the City, any surety or sureties thereon become insufficient, the Subdivider shall renew or replace any such surety bond with good and sufficient surety within thirty (30) days after receiving form City written demand therefor. C. Improvement security consisting of corporate surety bonds shall be kept on file with the City Engineer. If a corporate surety bond is replaced by another approved bond, the replacement shall be filed with the City Engineer and, upon filing shall be deemed to have been made, a part of and incorporated into this Agreement. Upon filing and approval by the City Engineer of a replacement bond, the former improvement security shall be released. D. Modifications of the Improvement Plans and related specifications, and modifications of the Improvements, not exceeding ten percent (10%) of the original Estimated Total Cost of the Improvements, shall not relieve or release any improvement security furnished by Subdivider pursuant to this Agreement. If any such modifications exceed ten percent (10%) of the Estimated Total Cost of the Improvements, Subdivider shall furnish additional improvement security for performance and guarantee, and for paymentas required by subparagraph A above, for one hundred; percent (100%) of the revised Estimated Total Cost of the Improvements. 6. REDUCTION OR RELEASE OF IMPROVEMENT SECURITY A. Partial releases or reductions in the Subdivider's improvement security may be authorized prior to the City's -acceptance of all Improvements required hereunder, as provided in this Section 6: , B. Upon acceptance of all or any specified category of the Improvements by the City Council, and upon request of the Subdivider, the improvement security may be reduced or released as follows: i) Security for Performance and Guarantee: Unless Subdivider submits new or additional security in an amount equal to one hundred percent (100%) of the Estimated Total cost oftheimprovements, the security for performance and"guarantee shall not be reduced or released in an amount greater than fifty percent (50%) of the aggregate principal amount thereof prior to the expiration of the one year guarantee and warranty period specified in Section 3.A, nor until any claims filed during the one year warranty period have been settled. ii) Security for Payment: Security furnished to secure payment to contractors, subcontractors; and to persons providing ;labor, materials or equipment shall, three (3) months after acceptance of all the Improvements, be reduced to an amount equal to the total amount claimed by all claimants for whom liens have been filed and of which notice has been - given to the City, plus an amount reasonably determined by the City Engineer to be required to assure the performance of;,any other obligations secured by the security` The balance of the SUBDIVISION AGREEMENT PAGE NO. 5 security shallbe released upon settlement or release of all claims and obligations for which the security was given. C. If Subdivider's obligations relating to any Improvements, such as the water system, are subject to the approval of another governmental agency, the City shall not release the improvement security therefor until the obligations are performed to the satisfaction of such other governmental agency. Such agency shall have two (2) months after Subdivider's performance of the obligation to register its satisfaction or dissatisfaction, it shall be conclusively deemed that the Subdivider's performance of the obligation was done to its satisfaction. 7. INDEMNIFICATION OF CITY BY SUBDIVIDER A. Neither the City, nor its officers, agents and employees, shall be liable or responsible for any accident, injury, loss or damage to either property or person attributable to or arising out of the construction or installation of the Improvements. Subdivider shall indemnify,. hold harmless and defend the City, its 'Officers, agents and employees, from and against any and all losses, .claims, costs, expenses, liabilities, damages, actions, causes of action and judgements, including reasonable attorneys' fees, arising, out of or attributabletoSubdivider's performance under this Agreement. B. Subdivider's obligations under this Section 7 are not conditioned or dependent> upon whether the City, or its officers, agents and employees, prepared, supplied or reviewed any Improvement Plans or related specifications in connection with the Subdivision or the Improvements, or has insurance or other indemnification covering any of these matters. C. Subdivider's obligation to indemnify, hold harmless and defend the City shall extend to injuries to persons and damages to or alleged taking of property resulting from the design or construction of the- Subdivision, and the Improvements required herein, and shall likewise extend to adjacent property owners asserting claims based upon the diversion of waters caused by the Subdivider's design or construction of public drainage systems, streets, and other public facilities or improvements. The City's acceptance of the Improvements shall not constitute an assumption by the City of any responsibility or liability for any damage or alleged taking of property referenced herein. City shall not be responsible or liable for the design or construction of the Subdivision or the improvements constructed or installed pursuant to the approved Improvement Plans or the Final Map, regardless of any act or omission by the City in approving the Improvement Plans or the Final Map, unless the particular Improvement design was required by the City over the written Abjection of the Subdivider, which objection stated that the Improvement design was potentially dangerous or defective' and set forth an alternative design. After City's acceptance of the Improvements, the Subdivider shall remain obligated to correct or eliminate all dangerous conditions created by defects in design or construction; provided, however, that Subdivider shall not be responsible for routine maintenance. Subdivider's obligations hereunder shall remain in effect for two (2) years following acceptance of the Improvements by the City Council. Subdivider acknowledges and agrees that Subdivider shall be responsible and liable for the design and construction of the Improvements and other work done pursuant to this Agreement, and City shall not be liable for any acts or omissions in SUBDIVISION AGREEMENT PAGE NO. 6 approving, reviewing, checking, correcting or modifying any Improvement Plans or relate specifications, or in inspecting, reviewing or approving any work or construction of Improvements. The Subdivider's improvement security shall not be required to secure the Subdivider's'obligations under this subparagraph C beyond the one year guarantee and warranty period. If, in any judicial proceeding involving rights or obligations of indemnity hereunder, any statutory immunity, under the Tort Claims Act (Government Code sections 810, et sea.) asserted by the City, or its officers, agents or employees, is determined by a court of competent jurisdiction to be inapplicable or unavailable to immunize the City, or its officers, agents or employees, from potential liability for any alleged acts or omissions under this`'Section 7.C, then such rights or obligations of indemnity hereunder shall be governed by principles of comparative fault. 8. INSURANCE A. Prior to commencement of work on the Improvements, the Subdivider 'shall obtain, and shall maintain throughout the period of construction, at its sole expense, policies of general liability I insurance covering any and all damages or claims for damages for injuries to persons (including death) or property in an amount not less than $1,000,000.00 for any one person, and, subject to the same limit for each person,; in an amount not less than $1,000,000.00 for property damage. Such policies shall be in and substance satisfactory to the City, shall name the City, its officers, agents and employees as additional insureds, and shall contain provisions that prohibit cancellation or laps without thirty (30) days' written notice first having been delivered to the City. Both the type and amount of insurance required by this subparagraph A may be adjusted during the term of this Agreement as may be deemed reasonably necessary by the City Engineer. B. The Subdivider shall maintain on file with the City Engineer during the term of this Agreement a certificate or certificates of insurance evidencing the coverage and provisions set forth above in subparagraph A. 9. OWNERSHIP OF THE IMPROVEMENTS Ownership of all or any category of the Improvements constructed and installed by the Subdivider pursuant to this Agreement shall vest either in the City or in the Homeowners Association created as a condition of the Subdivision, or other specified governmental agency(s), as appropriate, upon acceptance of the Improvements` by the City Council and recordation of a Notice of Completion. 10. DEFAULT AND BREACH BY THE SUBDIVIDER AND REMEDIES OF THE CITY A. Upon the occurrence of any of the following events, the Subdivider shall be , deemed to be in default under this Agreement; SUBDIVISION AGREEMENT PAGE NO 7 i) Subject to, any time extensions granted in accordance with Section 4, failure to commence construction and installation of the Improvements by the commencement date set forth above in the Subdivision Reference Data; ii) Failure to correct or cure any defect in the Improvements during the one year guarantee and warranty period as required by Section 3.A; iii) Subject to any time extensions granted in accordance' with Section 4, failureto perform substantial construction ` work, after commencement of work on the Improvements, for a`period of thirty (30) days after written notice thereof from the City; iv) Insolvency appointment of a receiver, or the filing of any petition in bankruptcy; whether voluntary or involuntary; and such is not cured or discharged within a `period of thirty (30) days; v) Commencement of a foreclosure action against the Subdivision or any portion thereof, or any conveyance by the Subdivider in lieu or in avoidance of foreclosure; or vi) Failure to maintain the improvement' security required by Section 5 in effect during all times required by this Agreement, including failure to renew the improvement" security no later than fifteen (15) days prior to any expiration date; or vii) Failure to perform any other obligations in accordance with the terms and provisions of this Agreement within thirty (30) days after written notice thereof from the City. B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations' under this Agreement. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default. C. The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Improvements herein specified. If such surety, within thirty (30) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence such performance within thirty (30) days after notice to the City of such intention to perform, the City may take over the work and prosecute the same to completion, by contract or by any other method the City deems advisable, for the account and at the expense of the Subdivider and its surety. D. Subdivider acknowledges that the Estimated Total Costs and improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Improvements, and, consequently, city's damages for Subdivider's default shall be measured by the cost of completing the required Improvements. If the damages incurred by the City in taking over and completing the Improvements exceeds the principal amount of the'improvement security, them Subdivider shall reimburse the City in the amount of such excess. SUBDIVISION AGREEMENT PAGE NO. 8 E. City may, without liability for so doing- take possession of, and utilize in completing the Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the Performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the Subdivision owned by Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on the Improvements following Subdivider's default. F. Subdivider acknowledges and agrees that, upon approval of the Final Map for the Subdivision; City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Improvements upon Subdivider's "failure to perform its obligations under this Agreement. Subdivider further acknowledges; that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes: an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City. G. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.' H. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or ;costs incurred in completing or maintaining the work on the Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work: ll. RELATIONSHIP OF THE PARTIES Neither Subdivider, nor any of the Subdivider's contractors, employees or agents, are or shall be deemed to be, agents of the City in connection with the performance of Subdivider's obligations under this Agreement 12. ASSIGNMENT A. Subdivider shall not assign this Agreement without the prior written consent of the City. Any attempted or purported assignment in -violation of this subparagraph A shall be null and void and shall have no force or effect. B. The sale or other disposition of the Subdivision shall not relieve Subdivider of its obligation hereunder. If Subdivider intends to sell the Subdivision or any portion thereof, to any other person or entity, the Subdivider may request a novation of this Agreement and a SUBDIVISION AGREEMENT PAGE NO. 9 substitution of improvement security. Upon the City's approval of the novation and substitution of improvement security,. the Subdivider may request a release or reduction of the improvement security furnished pursuant to this Agreement. 13. NOTICES All notices required or provided for in this Agreement shall be in writing, delivered in person or by mail, postage prepaid, and addressed as follows: -If to the City: City of Diamond Bar, City Clerk 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765-4177 If to the Subdivider; Windmill Development, Attn:'Kurt Nelson 3480 Torrance Boulevard, Suite 300' Torrance, CA 90503 Notice shall be effective on the date that it is delivered in person or, if mailed, on the date of deposit in the United States Mail 14. ENTIRE AGREEMENT This Agreement constitutes the entire agreement of the parties with respect to its subject matter. All modifications;` amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties. In the case of the City, the duly authorized representative, unless otherwise specified herein, shall be the City Engineer. 15. SEVERABILITY The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. 16. INCORPORATION OF SUBDIVISION REFERENCE DATA AND RECITALS The Subdivision Reference Data, the Recitals and Schedule A are incorporated into this Agreement. SUBDIVISION AGREEMENT PAGE NO. 10 17. GOVERNING LAW This Agreement shall be governed by laws of the State of California. 18. EFFECTIVE DATE OF THE AGREEMENT This Agreement shall be and become effective as of the date that it is executed by aduly authorized officer or employee of the City; it being the intention of the parties that the Subdivider shall first execute this Agreement and thereafter submit it to the City. The City shall insert the effective date in the Subdivision Reference Data in all counterparts of this Agreement and shall transmit a fully executed counterpart to the Subdivider. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed, by their respective officers, thereunto duly authorized, as of the -dates set forth below their respective signatures. "SUBDIVIDER" Windmill Development, a California Limited Partner by; LLC Windmill; Inc., a California Corporato enera artner Au `orized Representative Authorized Representative Ja'rek C. Cameron,, President Kurt Nelson, Secretary' Date: 4-10-00 "CITY" - THE CITY OF DIAMOND BAR, A MUNICIPAL CORPORATION' By: Approved as to form: Deborah O'Connor, Mayor. Date: By: City Attorney Attest By: Date: City Clerk Date SUBDIVISION AGREEMENT PAGE NO. 11 ATTACHMENT A CITY OF DIAMOND BAR LOS ANGELES COUNTY, CALIFORNIA SUBDIVISION REFERENCE`' DATA NO. OFELOTS:.253 TRACT NO. 50314 SHEET' 1 OFS IN THE CITY OF (DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL ♦ OF PARCEL MAP NO. ISM FRED N BOOK 20. PAGES 19 TO 30. NCLLSNE. OF PARCEL MAPS, LOT 41 OF TRACT 790. 47851, FILED IN ' BOOK 1207. PAGES 47 TO 3,1.NCLUSNE' OF MAPS. MD Uff III OF TRACT 110 .47830, FILED; N BOOK 1223. PAGES RB TO f9.' INCu NE, OF MAPS. ALL N THE OFFICE OF THE COINTV RECORDER OF SAO COUNTY HUNSAKER & -ASSOCIATES IRVINE, INC. MATTHEW W. BUSCH P.L.S. 7229 DATE OF SURVEY: OCTOBER, 1998 ' -.'...tlM/NFB�c.,eTATEAIENr.. WE HEREBY STATE- THAT WE ARE THE OWNERS OF OR ARE INTERESTED N THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER ONES. AND THAT WE CONSENT O THE PREPARATION AND FILITRU C. 1 HEREBY STATE THAT I AM A LICO4M LAND SURVEYOR OF TIE... STATE OF CAUFORF&A; THAT THIS WE FURTHER STATE THAT WE KNOW O•: C EON TO OR PUBLIC. OT Ep 7HQ WITHIN THE FINAL MAP COOS, NG OF RW W SHEETS 5 A TRUE ANO COMPLETE SURVEY AS SHOWN AND WAS OWED WATER E OFFERED FOR STORM DRAINS- TO THE PUBLIC. OTHER THAN RIGHT :MADE BY YE OR UNDER W EXRECIXIN-N OCTOBER f9GB. THAT THE MOMUMMFNIS OF THE -CHARACTER - OWNED WATER LINES. SEWERS OR STORY DRAINS_ THAT WE WILL GRANT NO RIGHT OR AND LOCATIONS StgWN HEREON ARE IN PLACE OR WILL BE IN PIJICE WM44 7WEMY-FOUR RACIER INTEREST WITHIN THE BOUNDARIES OF SAO EASEMENT' OFFERED TO THE PUBLIC. EXCEPT -Eppy THE FLRKr DA/EOF THIS YAP, 7M7T SAID NIOIIUIIEIYIS=RESUFTICIEM:10 EiMB1.E THE MONTHS SURVEY WHERE SUCH RIGHT OR INTEREST 5 EXPRESSLY MADE SUBJECT TO THE SAID EASEMENTS. TD BE RETRACED AND THAT THE TIE NOTES TO ALL CDHIERUNE MONUMENTS SHOWN HEREON AS -TO WE HEREBY.: ABANDON ALL RIGHTS OF FURTFIER SUBDIVISION IN ANY MANNER MID. OF BE SET'. WNl ff ON FILE N THE OFFICE OF THE CRY ENGINEER :W WN TWENTY-FOUR MONTHS FROM - CONSTRUCTION RIGHTS OF MORE THAN ONE RESIDENTIAL STRUCTURE AND ITS ACCESSORY .THE FLING DATE HEREON: ..USES ON ANY LOT AS SHOWN :ON THIS YAP. WE HEREBY: DEDICATE. TO. THE. CITY. OF DAWOND BAR THE RIGHT TO PROHIBIT' THE ERECTION OF BUILDINGS AND OTHER STRUCTURES WITHIN THOSE AREAS DESIGNATED AS RESTRICTED USE AREAS. ;.WE ALSO DEDICATE TITHE ` o CITY OF DIAMOND BAR THE EASEMENTS. FOR PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES AND ALL USES INCIDENTAL THERETO INCLUDING THE RIGHT TO MAKE CONNECTIONS THEREWITH z FROM ANY ADJOINING PROPERTIES: WE ALSO HEREBY DEDICATE TO THE CRY OF DIAMOND P Ls. 7229 BAR THE EASEMENTS FOR SEWER PURPOSES SHOWN ON SND MAP. WE ALSO DEDICATE TO {� / e' THE CITY OF DIAMCND BAR THE EASEMENTS FOR UTILITIES. OPEN SPACE USE AND�^� �C%' �r EQUESTRIAN AND MKINGTRVL PURPOSES SHOWN OR SAID YAP, MATITAEW W, BUSCH. P.LS. 7229 WE HEREBY IRREVOCABLY .OFFER FOR THE PUBLIC USE FOR STREET PURPOSES THE CERTAIN - LICENSE EXPIRES 12/31/OD STRIPS OF LAND <DESIGNATED AS PRIVATE AND FUTURE STREETS SHOWN: ON SAID MAP, RESERVNG UNTO OURSELVES ALL ORDINARY USES OF SAID LAND EXCEPT :THE ERECTION AND CON 11014 OF ANY STRUCTURE HOT ORDINARILY PLACED IN THE PUBLIC STREETS UNTIL SUCH TIME. AS SAID STREET S ACCEPTED AND :OPENED FOR PUBLIC USE. WE HEREBY IRREVOCABLY OFFER FOR THE PUBLIC USE FOR STORM DRAIN PURPOSES THE CERTAIN STRIPS ..OF LAND DESIGNATED ASPRNATE ANO'. FUTURE STORM DRAIN: EASEMENT AS :SHOWN ON SAID CITY ERM NAP, RESERVING UNTO OURSELVES ALL ORDINARY. USES OF SAID -UID EXCEPT THE ERECTION 1 HEREBY STATE THAT I HAVE EXAMINED THIS YAP AND THAT IT CONFORMS SUBSTANTMLY TO ' AND CONSTRUCTION OF ANY STRUCTURE: NOT ORDINARILY PLACED IN STORM DRAIN EASEMENTS THE TENTATIVE YAP AND AIA. APPROVED ALTERATIONS THEREOF: THAT ALL PROM p :OF... STATE UNTIL SUCH TIME AS SLID STORM DRAM. EASEMENTS' ARE ACCEPTED BY THE GO"NIT4 BODY. .AND SUBDIVISION ORDINANCES OF THE CITY OF DIAMOND BAR APPLICABLE AT THE TIME OF ALL AS SHOWN ON THIS MIP. WE SI HEREBY. AND FOR OUR HEIRS. EXECUTERS. /IPPRWAL OF THE TENTATIVE MAP :HAVE BEEN COMPLIED WITH: AND THAT ALL PROVISIONS OF THE .PRI ATE A ADMINISTRATORS. SUCCESSORS AND ON SAID JOINTLY AND SEVERALLY AGREE THAT ALL SUBOMSION MAP ACT. SECTION 66450 (a) (1) (2) AND _ (3) HAVE BEEN COMPLIED WITH.. PRIVATE AND FUTURE STREETS SHOWN ON SAID WtP, WNL ACCEPT. DRAINAGE: FROM, ADJOINING - .STREETS. WHETHER IT BE: A PUBLIC ORPRIVATESTREET AND FURTHER AGREE THAT THE:. CITY OF DIAMOND BUR IS HEREBY HELD FREE AND CLEAR OF ANY CLAMS OR DAMAGES ARISING FROM SAID DRAINAGE - 1u1aa�i1 WINDMILL DEVELOPMENT COMPANY, A CALIFORNIALIMITED PARTNERSHIP ' BY: LLC WINDMILL INC. A CALIFORNIA CORPORATION, GENERAL PARTNER f7"�i'4zmQ a.�r� �IAtt9 OATS: Ery' ETY_ - COY OF DIAMOND BAR #�� •.. JV C. CAMERON, PRESIDENT '- KURT NELSON, SECRETARY r GURSAX RAA MARWAH AND. RAJN MARWAH. OWNERS 'REVIEWED FOR THE CITY OF DIAMOND BAR BY HALL AM FOZEIAMA.. INCORPORATED. SANTA MIA, CA. BY: AW...+L/ BY.. - I HEREBY CERTIFY THAT 1 HAVE EXAMINED THIS MAP, THAT R COMPLIES WITH ALL PROVISIONS GURSO RAI MARWAH ; RAI I AH OF THE STATE LAW APPLICABLE AT THE TIME OF APPROVAL OF THE TENTATIVE MAP. AND THAT 1 AHI SATISFIED THAT THS MAP 5 TECHNICALLY CORRECT IN ALL. RESPECTS NOT. CERTIFIED TO .. BY THE CRY 04GNEER: TOMMY LU AND GRACE LU, HUSBAND ".AND WIFE, AS JOINT -TENANTS BY:TOMMY W rl BY: aRGC L `w_ LU � d4 TRI )STEES-. E BOURGE R.C.E. 3D242 7E CITY COUNCIL rnTEMENT . I HEREBY STATE THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE MY COUNCIL OF THE:. -CITY OF DIAMOND EMR AT,A REGIAJWR MEETNG THEREOF HELD ON THE-_ OF -. 1000, AND THAT 7HEREUPOH SAID COUNCIL DID. BY. AN ORDER DULY PASSED ANO q0 —APPROVE . THE ATTACHED MAP. SAID COUNCIL DID' ACCEPT, ON... BEHALF OF THE PUBIC: A 7HE EASEMENTS . FOR PUBLIC. UTILITY AND PUBLIC SERVICES PURPOSES AND USES INCIMIT& THERETO INCLUDING -TME RIGHT TO MAKE CONNECTIONS THEREWITH FROM ANY ADJOINING PROPEETI B. THE :EASEMENTS FOR SEWER PURPOSES: C. THE EASEMENTS FOR UTILITIES. OPEN SPACE USE AND EOUESTRMN AND MKNG TRAIL PURPOSES: D. THE ABANDONMENT OF ALL RIGHTS or FURTHER ' - SUBDIVISION AND OF CDN STRUCMk RICHES OF MORE THAN ONE RESIDENTIAL STRUCTURE AND ITS ACCESSORY USES ON ANY. LOT: E THE PRNATE'STREETS SHOWN ON SAID MAP AND HEREIN OFFERED FOR DEDICATION . ANO THE SAYE ARE. HEREBY REJECTED. W✓DYAA/AA: I4A1tTm"r RaaMfMLCiiaWLaA pMtwINAW4-W IpIrW,AS BENEFICIARY. UNDER CIT' CLERK,. CRY Of DMYDND BAR OATS: A'DEED OF TRUST RECORDED JULY 16, 1998 AS NSIRUMENT N0:-98-120WZ OF OFFICIAL RECORDS. - ,, 6r F �` NMA& K F-MMETN.- TITEE. I IT v1c6 PRESIDENT WECIAL 1 HEREBY STATE THAT ALL.:.$PECML ASSESSMENTS LEVIED UNDER THE JURISDICTION OF THE CITY OF DIAMOND BAR TO WHICH THE AMID INCLUDED N THIS MAP; OR ANY PART THEREOF 6SUBJECT.. AND WHICH MAY BE PND N FULL NAVE BEEN PAID, IN FULL ' . ' CITY CLERK. CITY OF OMMOHD BAR TRACT NO. 5031 SHEET 1 OF NOR OFELOTS: 153 1. ` IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF PARCEL 4 OF PARCEL MAP NO. ISM FRED IN BOOK 26. PAGES 19 TO 30, INCLUSIVE, OF PARCEL MAPS, LOT 41 .OF TRACT NO. 47a5l. FILED . IN BOOK 1207. PAGES 47 TO 56. INCLUSIVE OF MAPS. AND LOT 16 OF TRACT N0. 47850, TILED IN BOOK 12256 PAGESINTO 99. RCIAISIVE, OF MAPS. ALL IN THE OFFICE OF TiE COUNTT RECORDER OF SAW COMM - HUNSAKER & ASSOCIATES IRVINE, INC. MATTHEW W. BUSCH P.L.S. 7229 DATE OF SURVEY: OCTOBER, 1998 OWNER'S :STATEMENT :.. WE HEREBY.: STATE THAT:WE ARE THE OWNERS: OF OR ARE INTERESTED IN THE LINOS -:INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP .WITHIN THE DISTINCTIVE BORDER LINES, AND THAT WE CONSENT TO THE :PREPARATION AND FILING. " . WE FURTHER STATE THAT WE KNOW OF NO E/SEMENT OR STRUCTURE EXISTING WITHIN THE 1 HEREBY STATE THAT I AM A LICENSEDLAND SURVEYOR OF THE STATE OF CALIFORNIA: :THAT THIS , FINAL NAP CONSISTING OFFWl�) SHEETS IS A TRUE' AND COMPLETE SURVEY AS SHOWN AND WAS _ .. OWED WAI .HEREINLINE OFFERED FOR DEDICATION . TH PUBLIC. OTHER THAN RIGHTLY OWNED WATER ONES. SEWERS OR STORM DRAINS. THAT WE WILL GRANTNORICHT OR .:MADE BY ME OR UNDER MY DIRECTION IN.OCTOBER :1998:. THAT THE MONUMENTS :OF THE CHARACTER AND LOCATIONS SHOWN HEREON ARE IN PLACE OR WILL BE IN PLACE wnmm TWENTY-FOUR MONTHS INTEREST WITHIN THE BOUNDARIES OF SAID EASEMENTS OFFERED TO THE PUBLIC. EXCEPT :..REQS THE RUNG MATE OF THIS YAP. THAT SAID MONUMENTS ARE SUFFICIENT TO :ENABLE THE. SURVEY. WHERE SUCH RIGHT OR INTEREST IS EXPRESSLY MADE SUBJECT TO THE SND EASEMENTS. TO BE RETRACED AND THAT THE TE NOTES TO ALL'CENTERUNE MONUMENTS SHOWN HEREON AS 'TO WE HEREBY ABANDON ALL RIGHTS OF FURTHER SUBDIVISION IN ANY MANNER AND OF BE SEY WILL BE ON FILE IN THE OFFICE` OF THE CITY: E4NMR WITHIN TWENTY -POUR MONTHS FROM CONSTRUCTION RIGHTS OF MORE THAN ONE RESIDENTIAL STRUCTURE AND ITS ACCESSORY- 714E RUNG DATE HEREON. - USES ON ANY LOT AS SHOWN ON THIS MAP. WE HEREBY. DEDICATE M THE CITY OF DIAMOND BAR THE RIGHT. TO PROHIBIT THE ERECTION OF BU,I.DNCS AND OTHER. STRUCTURES '. WITHIN THOSE -AREAS DESIGNATED AS RESTRICTED USE MFRS. WE ALSO DEDICATE TO THE CITY OF DIAMOND BAR THE EASEMENTS FOR PUBLIC UTILITY AND PUBLIC SERVICES PURPOSES .. s. P AND ALL USES INCIDENTAL "THERETO INCLUDING THE. RIGHT TO MAKE CONNECTIONS THEREWITH s P 7229 t FROM ANY. ADJOINING PROPERTIES: WE ALSO HEREBY DEDICATE TO THE CITY OF DIAMOND: - -LS a,im BAR THE EASEMENTS FOR SEWER PURPOSES SHOWN" ON SAID NAP, WE ALSO DEDICATE TO o of THE CITY OF DIAMOND BAR THE EASEMENTS: FOR UTILITIES, OPEN SPACE USE -AND EQUESTRIAN AND HIKING TRAIL PURPOSES SHOWN ON SAID MAP: MATTHEW W. BUSCH, PLS_ .7229 DATE t p c,�If�. WE HEREBY. IRREVOCAEILY. OFFER FOR THE PUBLIC USE FOR STREET PURPOSES THE CERTAIN UC94SE EXPIRES: 12/31/00 STRIPS OF LAND DESIGNATED ASPRIVATE AND FUTURE STREETS SHOWN ON SAID MAP, RESERVING UNTO OURSELVES ALL ORDINARY USES OF :SAID LAND EXCEPT. THE. ERECTION AND, CONSTRUCTION OF ANY :STRUCTURE NOT. ORDINARILY PLACED N THE PUBLIC :STREETS UNT . '.. SUCH TIME.. AS SAID STREET IS ACCEPTED AND..CPENED FOR PUBLIC USE WE .HEREBY IRREVOCABLY OFFER FOR THE PUBLIC USE FOR STORM DRAIN PURPOSES THE CERTAIN STRIPS .CITY ENGINEERS STATFMQiT OF LAND DESIGNATED AS PRIVATE AND FUTURE STORM DRAIN EASEMENT AS .SHOWN ON SAID MAP, RESERVING UNTO OURSELVES ALL ORDINARY USES OF SAID LAND EXCEPT THE ERECTION I HEREBY sum THAT I HAVE EXAMINED THIS MAP AND THAT R CONFORMS. SUBSTANTIALLY TO AND CONSTRUCTION OF ANY STRUCTURE -NOT. ORDINARILY PLACED IN STORM DRAIN EASEMENTS THE TENTATIVE MAP AND ALL APPROVED ALTERATIONS THEREOF; THAT ALL PROVISIONS OF STATE - .UNTIL SUCH TME AS SAID STORM DRAIN -EASEMENTS ARE ACCEPTED" BY THE: GOVERNING BODY, AND SUBDIVISION ORDINANCES. OF THE CITY OF DIAMOND BAR APPLICABLE AT THE TIME OF.. - - . ALL AS SHOWN ON THIS MAP. WE DO HEREBY, AND FOR OUR HEIRS, EXECUTERS. APPROVAL -.OF THE TENTATIVE MAP HAVE BEEN COMPLIED WITH AND THAT ALL PROVISIONS :OF THE ADMINISTRATORS. SUCCESSORS AND.: ASSK.NS. JOINTLY ANO.. SEVERALLY AGREE THAT :ALL SUBDIVISION MAP ACT. SECTION 66450 (o) (1) (2) AND (3) HAVE BEEN COMPLIED WITH.. .PRIVATE AND FUTURE STREETS SHOWN ON SAID MAP WILL ACCEPT DRAINAGE FROM ADJOINING STREETS WHETHER IT BE A PUBLIC OR;PRIVATE: STREET AND RJRTHER AGREE THAT THE; CITY OF DIAMOND -BAR IS HEREBY MELD FREE AND CLEAR OF ANY CLAIMS OR DAMAGES ARISING FROM SAID DRAINAGE - - WINDMILL DEVELOPMENT COMPANY, A CALIFORNIA LIMITED PARTNERSHIP PARTNER - BY: LLC WINDMILL, INC, ACALIFORNIA CORPORATION, GENERAL _ 1�8�Oa amu rM f11 6 YY@ 1401E7 DATE cr BY: BY: CITY OF DIAMOND LIAR iL i JAV C. CAMERON, P ESIOENT .KURT NELSON, SECRETARY ^• PrilirF - OURBAX RAI MARWAH AND RAJNI MARWAH. OWNERS REVIEWED FOR THE CITY OF DIAMOND BAR TTY: HALL AND FOREMAN. INCORPORATED SANTA ANA. CA. BY: BY;:, - 1 HEREBY CERTIFY THAT HAVE TI THIS MAP, THAT IT COMPLIES MRM ALL PROVISIONS l RBAX RAI MARWAH RAJWAH C T THE AM THE STATE LAW APPLICABLE AT THE OF APPROVAL OF THE ERECT E. YAP, AND THAT I AM SATISFIED THAT h115 MAP A TECHNICALLY CORRECT IN ALL RESPECTS NOT CERTIFIED TO tir THE: Cltt ENGINEER. _ TOMMY LU AND GRACE LU, HUSBAND AND WIFE, AS JOINT TENANTS - - err: BY: TOMMY LV �! COME LU TRUSTEES-:. _ - JQfjL BOURGEOIS R.C.E. I024Z DATE CRY COUNCIL ,STATEMENT 1 HEREBY STATE. THAT THIS MAP WAS PRESENTED FOR APPROVAL TO. THE: CITY COUNCIL OF THE .. " CITY OF :DIAMOND BAR AT :A RECULAR :MUTING THEREOF HELD ON T14E -. OF . - DD; : TO.AND THAT THEREUPON SAID COUNCIL 010. BY AN ORDER DULY PASSED AND DID APPROVE THE ATTACHED, IMP_ SAID .:COUNCIL ':DID ACCEPT. ON BEHALF OF THE PUBLIC:: A. THE EASEMENTS . • FOR PUBLIC UTILITY AND: PUBLIC SERVICES: PURPOSES AND. USES INCIDENTAL. THERETO INCLUDING , THE RIGHT TO MAKE ".:CONNECTIONS :.THEREWITH FROM ANY ADJOINING PROPERTIES:. B. THE EASEMENTS FOR SEWER PURPOSES: C. THE EASEMENTS FOR :UTILITIES,. OPEN .SPACE USE AND :.. EQUESTRIAN AND HIKING. TRAIL :PURPOSES: D. THE ABANDONMENT OF :ALL RIGHTS OF, FURTHER SIIBDMSTON .AND OF CONSTRUCTION RIGHTS OF MORE THAN ONE RESIDENTIAL STRUCTURE AND ITS : ACCESSORY USES ON .ANY LOT: E. THE PRIVATE STREETS SHOWN ON SAID. MAP AND HERON OFFERED: FOR DEDICATION AND THE SAME ARE HEREBY REJECTED. INPYMAG 14ORTSW k*&b IGS,YIL,A. ofLwVp,slf! a/etNt'IyL�AS BENEFICIARY UNDER CITY CLERK. CITY OF DIAMOND BAR DATE: A D® OF TRUST RECORDED JULY 16. 1998 AS INSTRUMENT NO.. 98-1209402. OF OFFICIAL RECORDS. - BY: :NAME KENNGTNa. _, dRFI _... TITLE:.. t23' VtEE PREStDEHT...... _ ... . SPECIAL ASSEMMENFS " - l HEREBY STATE THAT ALL SPECIAL ASSESSMEOS LEVIED UNDER THE. JURISDICTION OF THE CITY " :... OF DIAMOND BAR TO WHICH THE LAND INCLUDED 'N THIS NAP.: OR ANY PART THEREOF S SUBJECT. AND WHICH. MAY BE PAID IN FULL HAVE BEEN':. PAID N FULL. • - CITY CLERK, CITY OF DIAMOND BAR DATE NOR OF LOTS: 153 TRACT NO. 50314: SHEET 2 OF 5 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES IRVINE, ''INC. MATTHEW W. BUSCH P l.S. 7229 ' DATE OF SURVEY:OCTOBER, 1998 ,. - MATURE OMISSION- NOTES PURSUANT 70 THE PROVISIONS OF SECTION 66436 (A) 3C OF THE S1BDNSON MAP ACI. THE SIGNATURES STATE OF CALIFORNIA )A OF THE FOLLOWING PARTIES HAVE BEEN OMITTED. THEIR INTEREST TIEING SUCH THAT IT CANNOT RIPEN INTO FEE TIRE .AND SAID SIGNATURES ARE NOT REQUIRED- By THE LOCAL AGENCY. TY OF Iy7 " ,COUNHY�� 1. SUSAN HUNTER FERRY HAAS, WLIAM EDWARD .FERRY, GEORGE S. ST. CLAIR, CLARITA. �IdcR]'11Tcr IL 19 : BLToIE ME CQiiJ �Y'U��{ T OOETTE. FIEI.E7N M. SMITH. FRANCES SWAN RECEiS AND LOUIS DOM AS'GUARDIM1S OF - THE PERSON AND ESTATE OF VKVN NORM D07T. HOLDER. OF OIL GAS OR MINERAL NOTARVY.,�P�lIBLUC NAND NYY NND STATE PENSONVI7.APPEARED : �++>• 11L Q �, 111 ,, RKJNTS BY DEED (LEASE) RECORDED MACH & 1960 AS INSTRUMENT NO. 1046, IN BOOK - 0774. :PAGE 312. OF OFFICIAL RECORDS. - (O�-PROVED. ?p ME ON Rff BASIS OF SATISFACTDRT :EVIDENCE) m BE.'.TNE PERSONS) IMAE(5) )6/IRE SUE6Q6BED m TYRE wmI9H NSTRUMENf /ND. ACHKNOWI.SGED TO ME THAT SM 2. VIWN MORRIS BOTR. 14O DER OF GIS. OIL OR MHERAL'RIGHTS BY DEED (LEAS. RECORDED MARCH 8:. 1960 AS INSTRUMENT NO. 1049. N BOOK D774. PAGE 31& NilONE/THt�T E%ECUiED S41E N. NLSgig6/THEIR:AUTTi0N2ED:CAPACRY(IES); MKl THAT BY O.R. MI6/F19TiDIF7R SNiNARNtE(5) ON THE NS:RIBAENf THEpERSpN(S). OR THE ENMITY UPON BEHALF OF WMICIN iF1E, PERSONS) ACTED, EXECUTED THE MIV6N NSTRUMEHf. - 3. TRANSAMFRK`A OEVELDPMEM CpYPANY. Iid,pER OF DILL CAS OR MINEAAI RIGHTS BY DEED. (LEASE) RECORDS MARCH 29, t98a NBOOI( 03955; PAGE 185, AND RECORptD. IYRME95 w HAND.: JUNE 24, 1870 IN:BOOK 1)4750. PACE 11. BOTH OF OFFICIALRECORDS.. [[[^\1h w ACIP OF BLISRNES$ FUNSUAttf:Tp DIE PR0.191)iV5 OFSECfIDN E6436 (a) x (1 -VI) OF iklE SUUOFAADN MHP ACT. THE SIGNATURES ' � SICNATIWE.IJ�t/�. J ✓i 6 N L� Ary OF THE FOLLOWING PARTIES IMVE BEEP OMRTEp. THFJR INTEREST BEANO SUCH TINT.IT CANNOT RIPEN INTO.. NOTARY /pVE,L�IC iN MIND'E'D-Nl$AO STATE ' A FEE TITLE AND SAID SIGNATURES ARE NOT REQUIRED BY THE LOCAL AGENCY. w COMMISSION EXPIRES L W. a & DIAMOND' DAR MOUNTAIN VILLAGE, INC• HOLDER OF AN EASEMENT FOR NORES& EGRESS AND RI (PNTED)' PUBLIC UTILITIES BY DEED RECORDS DECEMBER TO- ISBO AS NST. NO. 80-1239482, O.R. S. SOUTHERN CALIFORNIA EDISON COMPANY, HOLDER OF AN EASEMENT FOR PUBLIC UTIITIES BY OEM RECORDED OCTOBER 7. 1994 AS NST. NO. 94-1844685, O.R. 7. SOUTHERN CM FORNN GAS COMPAw, FOLDER OF AN EASEMENT FOR PUBLIC UTUTIES BY DEE RECORDED OCTOBER 251 1994 AS INSr. NO. 94-19-10595, O.R. ..STATE OF CALIFORNIA ).. '. COUNTY O,Lx- 8. YMI.EY WATER DISTRICT, HOLDEN OF. AN 61%.. FCR WATER TRAMS TATION BY DEED-.: RECORDED NOVEMBER 14. 1994 AS INST. NO.. 94-2052207.. O.R. .. : 1� SORE Mr/l,ry� 93an n-- 9- 7TINNER CANTON WILDERNESS CDMSERVANK.Y, FIOCDER OF AN EASEMENT FOR MAINTENANCE BY OEED RECORDED APRIL 25. 1995 AS INST. NO. 95-675415. O.R. ♦ON ANIZzfr PUMC7AfCAK E WYYI"�^O V A" A�jTErL=-yi is 10. WALNUT VALLEY WATER DISTfBCT, HOLDER OF AN EASEMENT FOR WATERLINES BY DEEP 'N+40WIr10'ME.(dK PROVED' To ME ON DEBISISDSFACTDR'Y EYIO PlR801'IptY ENCS) m BE INE pER50N(S) RECORDED MARCH ta, 1995 AS NST: NO. 95-392747, O.R. WHOSE NAME(SjA1S/NIRS SUBSCT6BEp TO THE Will INSTR1Jup(T ANp ACKNOMI.®CED m YE T1M7 TMEY O(ECIITED TINE SAME N-MI67HNER/RHER. AUTHICRZiD CAPACITY(IES). AND THAT BY 11. BANK OF CWFOF%I Nak. HOLDER OF AN EASEMENT FOR RECREATION- 7pNLS. INGRESS, EGRESS, ACCESS ROAD h HIGHWAY SEWER. WATER. DRUM.GE'ELECTAIC. GLS: :GET - : mSrO4�/THER SONMTLIRE(S) ON THE wS1RUUENT THE:PERSONOS)I OR THE ENTRY UPON BEHALF gp=T -SIPHONS. CABLE TELEVSON AND OTHER UTILITIES By TOEED RECORDED JUNE 30. 1971 AS INST.. ,DIF WNOH TYNE TN'RSONS) ACTED. E(ECU1S TME WTNIN INSTRUMENT. ,. NO. 3053. O.R. WETNESS MY HAND: MY P OF BUSINESS MCICOUNTY 12 KURT WU d VICTORIA WU, HOLDER OF AN EASEMENT FOR STREET AND DRAINAGE BY. DEED: RECORDED MAY 1& 1995 AS INSTRUMENT N0. 95-392744. OR SONAT7HRE �3! W YYLL1 Is : 13. KURT WU ! VICTORIA WU, HOLOER.OF AN FJl5E1NENTFOR SLOPE CONSTRUCTOR AND - PLIaUG w.I+D FOR SAO SATE MAINTENANCE BY DRECORDED ANY 16. 7995. AS INSTRUMENT NO. 95-392745. O.R. (/� NAME -i� Y)1 C{nlllY�dK�" MY. COMMISSION EXPIRES 6-2p .0:) 14. OTE CALIFORNIA 1NCORPAORATID, HOLDER OF AN EASEMENT FOR PUBLIC UTILITIES BY (PRINTED)' DEED RECORDED NOVEMBER 4, 1997 AS INSTRUMENT NO. 97-1754614. O.R. - 15. SOUTHERN CN.FiXwA SSdN COMPANY. HOLDER OF ANEASEMENT FOR PUBLIC UTILITIES.. BY DEED RECORDS FEBRUARY 2,1998 AS INSTRUMENT NO. 96-171196. OR - R16. 15 WALNUT VAU.EY WATER DISTRICT. HOLDER OF AN EASEMENT FOR FACILITIES.. FOR WATER TRANSPORTATION Be DEED RECORDED MACH 6,. 1998 AS INSTRUMENT. NO. '96-36698. O.R.. . STATE OF CALIFORNIA ) -. COUNTY OF LM 17 COUNTY OF LOS ANOEI.E.ES, FOLDER OF AN EASEMENT FOR SLOPES BY D®. RECORDED: JUNE 19, 1970 AS INSTRUMENT NO.: 3344 HN BOOK; D4746. PAGE 87& O.R. -. J"'� /� (�.- ON .1nnu L BEFORE ME Carla J1Nh,iC l-4 - ifl. C(XJNTY OF LOS ANGELES. INTEREST HOLDER F(X2 PUBLIC STREET OR HIGHWAY UNDER m RECORDED JLNE /9. 1970 0.5 RSR6 YE7Rf Na 3545 N pIJBCLICr�"FOR �{91Ty y7A SsqQyyAALLLL A w AiNN 'lmr�1O BOO MOL Boa M3s+z PAGE m& O.R. PACE BIG. may, GAIT] Lr I`.!Y"fAP?FAR� PERSONALLY yK1101MN m IE [ME ( m BE THE PERSON(S) WHOSE NWIE(S) WARE STIB$LYUBE m THE wrmN INSNINAER AAO "ACIOpNL,EDGW 70 ME THAT AAAA 19. GE+ERAL iELEPH1oNE COMPANY OF:ULIFDRNM, TWINER OF AN EASEMENT TO CONSTRUCT. USE. MAINTAIN, OPERATE ALTER' MD T0. REPAN. ! 7'LACE. NTD/OR REMOVE f15 FACE.fDES ' CONSI$IING OF INOERGR . COMUu'.. MANHdES, P®L'SULS, CABLES, ' Mfi�9ME/TiIEY EXECUTED THE.. SAYE N IHIB/RIER/TTIER:AUTHORIZED OAPACTNIES).::AND THAT BY M16fIHER/REIR:. SICIMTLIFIE(S)<ON THE NSTRUMEM THE PERSON(S), OR THE ENTRY. UPON BEHALF WIRES. AND �. w DOCUMENT RECORDED DECEMBER & 1970 AS )NST. NO. 1705, OR OF WINCH 111E PESON(S) ACTED. EECUim THE OUTRAN 914IRWENT. 20. COUNAY. OF LOS ANGELES. HOLDER OF AN EASEMENT FOR SLOPE MAINTENANCE BY A - WITNESS w HAND : _ DENDRON ON PARCEL MAP ND. 1524 FILM N BOOS 24 PAGES 19 TO jO.:.INCLLSIYE. OF PARCEL ,MWS MY NICIP P OF BUSINESS SIGNA . IS IN 1/ICE��B000Nry 21. COUNTY or CDD ANGELES. HOLDER OF AN EASEMENT FOR INGRES"a EGRESS. HO4DW'AY, PARKWAY. BRIDLE TRAIL .! UOUry BY A DEdGTION ON TRACT N0. 30289 RECORDED IN 8001( - NOTARY PUBLIC IN AND FOR SAID STATE 743 PAGES 42 TO 50, INCLUSNE, OF:MAPS. TUNE "� n1e7 W COMM6yON1 EKPI ".. (PRINTED) RESIE"i 0Z 22 COUNTY OF LOS ANGELES, FOLDER. OF AN EASEMENT FOR INGRESS, EGRESS. ROADWAY. PARKWAY. BRIDLE trwL s unary ByA DEpf%ITIM ON TR%CT'NO. .30578. RECORDED IN BOOK. -'. 7a5 PAGES 1 TO 25. NCLUSVE.=OF IMPS. :. 23. LDS ANGELES. A BODY CORPORATE AND POLRRC HOLDER OF AN EASEMENT FOR . FOUNGY..OF FOR Un OPEN. FACE. USE, PUBLICEQUESTRIAN. d. HIKING TRAIL * APPURTENANT - STRUCTURES BY DEED RECORDED OCTOBER 12. 1988 AS INSTRUMENT NO. 88-162210. OR.. NOTARY ACKN CNPCLACART STATE OF C/41FORINK ).. 24. CITY OF DIAMOND BAR.. HOLDER OF AN EASEMENT FOR SANITARY SEWERS h STORM DRAINS BY A DEDICATION ON THE MAP OF TRACT NO. 47551 RECORDED IN BOOS 1207 PAGES - SS 47 TO Sa. INCLLANE, OF MWS. - COUNTY OF ORNM464 ) ON /5 t'9B� 'DIlJ 1� ���Tt>. 25. CITY OF DIAMOND BAR, HOLDER OF 1N EASEME(T'MR OPEN SPACE LSE U1ILSIY, EOtIEStRMHH h 14IONG TRAIL BY A DEDICATION ON THE LMP OF TRACT No. 47851 RECdiDEp N BOO( BEFORE ME. A NOTARY PUBIJC N Al1Q FOR'SAIO AND STATE, PERSOgµL APPEARS' 1207 PAGE 47 TO 5& NCLUSNF- OF MAPS. MOWN=ItT�AM1IFN MVa NS OF S TRA E: KNOWN MA ME( (OR PANE TO ME THE OF SATISFACTORY EVIDENCE) m BE TME PERSONS) 28, CITY OF DIAMOND BAR. HOLDER OF.AN EiISEMIM FOR PRNATE k FUTURE SITHEETS. BY pmICA71ON ON THE MM OF TRACT r4W 47851 RECORDED IN. BpDN 1207 PAGES 42 D 5C TxCtIISNE, OF IMPS. D E WI WHOSE NAAE(S}.JAKE SUBSCRIBED TO THE WITHIN RSTRUIEpf AHO AOKNOWLEDGS m ME THAT. MF�9E/)HEY EXECUTED THE SAME N MK/MER/THER AUROR2ED GLPACIiY(IES}, AND THAT BY NS/MER/TIER SKTMmRE{5) -ON THE INSTRUMENT THE PERSONS), OR THE ENTITY UPON BEHALF WF WHICH THE PERSONS) ACTED. .. 27. CITY OF DIAMOND BAR. HUM OF AN EASEMENT FOR PUBLIC UTILITIES a.:.PUBLIC SERVICES' BY DEE RECORDED HNARCH 16. 1995. AS INSIRUMFNT NO. 95-39274& EXECUTED. THE WITHIN INSIRIN4ENf. _ _ O.R. APO RE-RECORDEO DECEMBER 21, 1995 AS:NSIRUMENT N0:. 95-2029477. OR NATTINESS w NAND AAAA AAAA 28. % O' IAh0ND BAR, HOLDER OF AN EASENERf :FOR. SAWTARY SEWER B1' D® RECORDS - MIT PRI1KGwAL PLACE OF BuSNEss OCTOBER 13, 1995 AS INSiRUMEM N0. 95-1655080. 0.R.. i4 w aMCAhCB tX7UNIY SIGNATURE �� FOLDER 29. CITY CF OIAMd4D BN'N. A HHUBy AN EASEMENT FOR PUBLIC w ANO R STATE _. DEED PUBLIC UTILITIES t SERVICE tTY DEED RECORDED DECEMBER 14. 1995 AS INSTRUMENT RECORDED 1 AMIE IQrHA� 9-- -Y SC / - My COMMISSION EXPIRES 7-29� 1cRA2 NO. 95-1991615. O.R. . (p j )/R70428 =DHA=• 30. CITY OF DIAMOND BAN. HOLDER OF AN EASEMENT FOR PUBLIC UTILITY & PUBLIC SERvICE BYA OEDKATON . ON THE MAP OF TRACT NO. 47851) RECORDED IN BOOK 1223 PAGES a9 To 99: NCIUSNE, OF MAPS. NOTARY ACKNOM FTIY:CIICMT 31. CRY OF OAMTR BAR. HOLDER OF AN EASEMENT FOR SEWER BY A DEDICATION ON TRACE Nq. 47850 RECORDED IN .BOOK 1225 PAGES B9 m' 99. INCLUSNE. OF-MMP3.OF STATE OF .Urn) EAS CE NG COUNTY USE ANO EWESTRAN AND TRAIL BYDA DEDICATION ON THE IMP OF TRACT 47850: RECORDED IN BOOK 1225 PACES a9 TO 99. UNCLL6IYE, OF MAPS, !. ON1 � 1) �' BEFORE 1+E. i'�nly1" �.isANyn ACREAG 73 NO. OFELOTS: Z15 TRACT NO, 50314 SHEET 3, OF 5__ IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, ,STATE OF CALIFORNIA HUNSAKER & ASSOCIATES IRVINE_INC. MATTHEW W. BUSCH P.L.S. 7229 DATE OF SURVEY: OCTOBER, 1998 LEGEND 3 MONUMENTATION.NOTES• :. EMEYENT NOTES_ - INDICATES THE BOUNDARY OF 114E LAND BEND SUBDIVIDED By THIS MAP. 1❑' E,ASEN04T FOR ACCESS PURPOSES To BE RESERVED IN DOCUMENTS • INDICATES Y IRON: PIPE TAGGED LS 5669 FOUND PER TRACT NO. 47860,. M.S.. 1225/89-99.. UNLESS NOTED: OTHERWISE.:' 1� PRIVATE k FUTURE EASEMENT FORSTREET PURPOSES a INDICATES T IRON. PIPE TAGGED L.S. 5669 FOUND PER TRACT NO 41851; - N.B.: 1207/47-56... UNLESS NOTED OTHERWISE'.. ❑1 EASEMENT FOR PUBLIC UIILitt k PUBLIC SERVICES PURPOSES - O UNLESS NOTED OTHERWISE. .ICATES LOCATION OF SPIKE a WASHER. TAGGED LS 7229, 70 8E SET, 0- EASEMENT FOR SLOPE k DRAINAGE MNNTEHANCE: PURPOSES 10 BE RESERVED RA DOCUMENTS O INDICATES RECORD DATA PER TRACT NO. 47850. N.B 1225/89-99 RESTRICTED USE AREA - [ j INDICATES RECORD DATA PER TRACT NO. 47851. N.B. 1207/47-58 - - 0. EASEMENT FOR OPEN PURPOSES ( INDICATES RECORD DATA PER TRACT. NO. .48487, M.B.-1214/7-11 - E -- ALL LAT: CORNERS. "EXCEPT AS DESCRIBED BELDW, OR OTHERWISE SHOWN HEREON.. WILL BE - ❑5 4': 20" WOE EASEMENT FOR Lmurr, OPEN SPACE USE.. AND EQUESTRIAN AND HIKING TRAIL PURPOSES AgNUNENfED BY. A'f: IRON PIPE. WITH TAG 'L5: 7229' SET AT THE TRUE -CORNER. '.. _ © EASEMENT FOR SANITARY SEWER PURPOSES A SPIKE AND WASHER :WITH TAG 'LS. 722f WILL BE SET IN PAVEMENT AT THE TRUE LOCA71ON - - - OF ALLLOT CORNERS...ALONC THE CENTERLINE OF PRIVATE STREETS, „Q7 PRIVATE a FUTURE. EASEMENT FOR STORM DRAIN PURPOSES - - BA515.OF BE►RINGS: - THE BEARING OF NORTH 19'5G'SS WEST ALONG :THE EASTERLY UNE OF. TRAM NO. 47850.. AS FILED 1N MAP BOOK 1225, PACES. 89.. THROUGH 99, WAS. USED AS THE 8ASTS OF BEARING$ FOR THIS MAP. _ - TRACT NO, 30280 2'1\ MB. 1743142--30 FOUND SPIKE a TAG011 FLUSH, J' TAGGED R.C.E. 59, M.S.PER _ TRACT N0. 302tB; N.,�27 J 2B I.. 743/42-5Z. ACCEPTED AS M13`i FOUND ?IRON PIPE, FLUSH. RC.E -. Q. INTERSECTION WINUNILL a `i �13054 PERTRACTNO. 47850. N,B. - WAGON TRAIN �1 �� 1225/89-97:. ACCEPTED AS t WINDMILL DR FOUND PUNCHED SPIKENO. 48487, N.B. 1214%1-11, ACCEPTED AS t WINDMILL DRl4 �f0'12'30' o-fOR7'S6 - TRACT NO. 30280 cA1 1321 1 45 f L-139.31 Ma MB. X743/42-50 �yA rp 50 !� 27 � 28 R4hM 9W �NS2, v NA41 Eo Ls 45669W6PIE RW/ ICT /T NO. 47851. MR 1207/47-56. TRACT NO. 47851 `sO \ 111.8. 120714 -1 --ft 37G�J 129'24'19' ��is 2 T=65 30 _29'24'19 R_ /TAG T`6n5a'30o07.' 8 /d�4f�(0 4 3 H/a PAFFORDc"°C `, La62sAIFzN 4 / 1^ } mr 7 0 1225/8997 _..Ns•4 'oo W pU-lCQ \ SEC. AS CR, .95'34.95] 3 o e 2 7091`, �a ;zo14 �o ':FOUND 1-1/1' IRON PIPE N'1TAG t 11. O,LA�{, 7 - MARKED 'R.CF 9757- PEN TRACT p b ] { r �P , NO. 47851. M.B. 1207/47-55. Ys \1 47 ?# `7 ' �0 $ N22'49'J6'W x.24' {N22'49'36'W 107.24'] tj � t j2 , r,.ipN lAT91 '� 5 12 �9 (N45.12'W'E(R3 �00'j \•� '.,J.P'8 7,r -j� ✓ L 0 100 200 400 600 800 \ 15 r� ..SCALES 1'=200' •t188'40'S8'W 144.88' rn (N88'40'S8'W 144.681 .FOUND SPIKE a WASHER. �... .,: N00'26'47W 144.51'.. - - 'FLUSH. TAGGED LS.5659 (NOU'25'4(rW 144.51') . PER TRACT NO. 47850. ACREAGE: 39.273 NO. OF LOTS: 15 TRACT NO. 50314 SHEET 4 IN THE CITY OF DIAMOND BAR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES IRVINE, INC. - MATTHEW W. BUSCH P.L.S. 7229 DATE OF SURVEY: OCTOBER, 1998 FOUNDSPIKE h TAG.::FUJSH- T-5' - ThGOEp R.C.E 13054 PER - - - QIOL' 7RPCT7 1E 743 42. ACaCEPTED AS TRACT NO. 30280 Ma 1743/42-50 ZB `��,-a' FouNo z' mnN PAPE. FLUSH. R.c.E. �?� '4'1 13054 PER TRACT N0. 47850. N.B. _ �,�i ; 1225/89-97. ACCEPTED JS.�, 18NDNILL DR. - TRACT No 30280�!`�ry0 Ses10M756 0 50 100 200 300 400 1v1 BR. . 1748/42-50 (r99g4� 27 Nw.0 125P \i _tt. -•I Z'707'30 '707' '30" B -T-69. / SCALE- 3'=1001 1a N -V-' 14 y ns.pppQ ti T�fi9. 2 1 / II ea9 SF. CR055 N� \ J •►/ 48.137 S.F... Na C2 N33 s9'ac w M S20 sIg" 21.30' p&- 9 24'19 . 50.00 2( T=8580 ) - . : 4 32.'c81{ SF: VSS $ N 1g31,8 W_. 30.744 S.F. NET 551 011 rdZ�t 5' f -5145 .E . d } .O.ios 263 S.F % .48.759 SF. NGECT�1;1N149S N\8.t;5��%� rj p SOS �g'Ld - 1 8 1.\$ / 77321 S.F_ 88055 Z' 24 "• 'F. _ B 30.031 S. NET 10 N55 9 1 78.228: S.F. GROSS 2 y 37.319 S.F. NET Cly 'm 2'\�_ GYP •. 82.733 S.F_ CROSS R }b L�4922 c - 41,718 S.F. NET 1S '2:6 - E - m `� }- �4} teRW 1 •N1b,� 0� N15K3�`R 1. r": 8 r?25a°-'1Ne�'dSii �v35y5 a Ta 4o'go / 38.053 S.F. NET S%2 VI - _ S�° - L ,d NO. OFELOTS: 15ACREAG: 39.273 TRACT NO. 50314 �h�ti s �r IN THE CITY OF DIAMOND BAR COUNTY 'OF LOS ANGELES, STATE OF CALIFORNIA HUNSAKER & ASSOCIATES IRVINE, INC. MATTHEW W. BUSCH P.L.S. 7229 DATE OF SURVEY: OCTOBER, 1998 TRACT N0. 47851 �oGeP\ MB. 1207/47--58 FOUND 9HKE 1, WAV WJTAG 7 2 \ - ,NO. 47851. Y.B. 120T/47-56. YIRNED 'LS.. 5669• PER AOT ' • , .' -_O _ '� _ _�0, 478.51, M.E. 1207/47-56. ,a - � assrW . 3 . 20 ' \ N e ^�°4 otic 4 n ill 7 4\\ 40 s NJ sJs To Ifl aQ rsr?2,Zcbf `6 4 a36 Gb y cbi f� 1 '�'pj • 1 5 .42.1 \��\J,Z 1 �,,, �? N416013 7 w :r)�8,�� ! \ "�N53 �?g_wjRj,�h� .+• a�Z �� �QI �1 -. c -\y�z• 2��hpticP� �, �l3'� �'S�h. r Nay G 1 az w `°I I ' a° NS42'00''W 3495' 5 to - ,. -i=594 "mid• +s;Ty�;w? �:.��"��'73/, x13516 p*'�.1Y �\� � �.h - ', T=s2or •:ir- w ay.,,r �„ 6 0'` � // tip H?� So2 �`b� "'� r •'�J �� ''� , 62.313 Z 23,641 W. METWZSi 3C _ N 12 3g a/ ti a ` �j^h/ {8iy7 7 7yps, h a H BOUNDARY DATA TABLE Q�\ 9 £Zt 6y s MEASURED REM"_. .� n �. aR 1 X20.42'00'* 8195 21/ „fig• �' T X04.4500 W 19.76 �4- X04'45 W 19.76 - •"N7���•�. `•'=4 3 X2E•24'0D'W 105.44' X28'24 W 105.44 !•' 4 X41'03'00'* 53.28' •)X145529 •''N4p 52 74435 �5 /� N 6 MIII21a00 W 129.11 M34'791_•E 1 G7w ."� _ 7 X46'3141 W 9200 X46.3141.* 9200 etiti� 203346 ,13 s yJry \sr 23,679 S.F.MET ti W Wim' 3p i ry p �� \\\ a1g�o ,, B ., r� 0 51 .,,.-_ -- Nzxor3s•w cM t'1. _ Y �py L� "F 7112 O�J ?', o-70�y N.N7SJ2 34E 13.22' "`\•,1;1\921.562 S.F. GR�ETM Q4. p u 4q'33 %1kN, L-62.38' g _JTw 1J5.6O 6 ti � ` o +•O �'i. /: • �(G• NZe• Al -A- . �� � t3 Yr°j• �,�, � •�t •',t� ( 8100�96.� / 8,? 0 50 100 200 300 400 olp 5 ` SCALE- 1'=100' 10 >•' '�_� �� 300 p33� Jll %'.. `b $ -62.06 / a`''S° ,R �..•� '1 s7,taz sF: OURETM T-3267 Z�l hppa •".... 'ro �„ I - N77.43'2YE a4 �g$oo3'Ot': --r -;wJfr o 38 00' -712932 ,rg �._ // ��- FOUND ,'ARON PIPE W/fAC (,7 ��^..� '�.. R-20.00 > ��" MARKED 'R.C.E. 9757 PER 3�ytiao i=2a 40'. // °' �"�y1� . 47850.: M.S. 1225/ cY p �a N88'31'1 rw 35:04 - li 1A�� TRACT NO 89--97. sir Ms. cY ��� Ndl O'9D E 47.2a i DATA TABLE �S� =• 7 473X9- // r_' 1 2,9 �� LElX.7}f 29��•SS�. /7 X61•�:06'W / 4563 8'03'26' / 2066 439o00o•.W 13.514245 A , / 24.65' ta , 350.00' 125.90' �M� ®. 28'40'00" 1 : •X43 0000 E ..3:� � >z - { N180000A N3200004 ,- ���,dy.3fy X3900 c0'w� 175.12' 89.43' 50.32' 22'17'W TRACT N0. 47850N Nig 00 �w N� fiazsDO w Vic;°� w ;' QND ca0o w ,�� �� g 17.74' MB, ]225/80-90 88- 15_ `1 763r � ,1 `•�$ ,X51 3 31W 220393 LTA GROSS`= i. , .X}900'00 E 5561 _;. ; I rS .. SEMING/DELTA MDUS LElX.7}f TANGENT © 8'03'26' '350.00' 49.22' 24.65' 09 20'36'34 350.00' 125.90' 63.64' ®. 28'40'00" 350.00' 175.12' 89.43' 22'17'W 90-00' 35.02' 17.74' ® N28.08'14 E 30.00' ®N16'27'24'W 30.00' (9 224.35'40' 52.00' 203.84' 126.81' 1 109'54'03'52.00' 99.74' 74.13' ®..: 85.43'1 7 52.00' 77.80' -48.25' 28'58'20" :52.00' 26.29' 13.43' ®', N7"8't7W 31.58'-1 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO, TO: Terrence L. Belanger, City Manager MEETING DATE: Aprill8, 2000 REPORT DATE: April 10, 2000 FROM• Bob Rose, Community Services Director TITLE: Extension of Purchase authorization for J.A. Blash Shows, inc. SUMMARY: The purchasing ordinance requires that use of a vendor in excess of $15,000 during the fiscal year must receive City Council authorization. Because J.A. Blash Shows, Inc. provides lower prices and excellent service, they have provided $22,000 worth of services during 1999/2000 fiscal year, J.A. Blash Shows has provided carnival rides at the Millennium and 11th Birthday Celebration. RECOMMENDED ACTION: Staff recommends that the City Council extend the authorization for purchases from J.A. Blash Shows, Inc. to $22,000 to FY 199912000, LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's office) Ordinance(s) Other: Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: m 1. Has the resolution, ordinance or agreement been reviewed Yes X No by the City Attorney? 2. Does the report require a majority vote? XYes No 3. Has environmental impact been assessed? Yes X No 4. Has the report been reviewed by a Commission? Yes, X- No Which Commission? 5. Are other departments affected by the report? _ Yes —X No Report discussed with the following affected departments: REVIEWED BY: DEP TTIHEAID: Terrence L. Belange mes DeSte# Bob R` se City Manager Deputy City Ma ger Director of Community Services CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 18, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Extension of Purchase Authorization for J.A. Blash Shows, Inc. ISSUE STATEMENT: Use of a Vendor for more than $15,000 in a fiscal year requires City Council approval. RECOMMENDATION: Staff recommends that the City Council extend the authorization for purchases from J.A. Blash Shows, Inc. to $22,000 for FY 1900/2000. FINANCIAL SUMMARY: Funds for services provided by J.A. Blash Shows, Inc. are already included in the FY 199912000 budget: BACKGROUND: The purchasing ordinance requires that use of a vendor for more than $15,000 worth of goods and services during a fiscal year requires City Council approval. J.A. Blash Shows, Inc. had been used previously at the Millennium Celebration to provide services this fiscal year for $11,000, and then used again for the 11'h Birthday Celebration for an additional $11,000 of services: DISCUSSION: J.A. Blash Shows, Inc. has provided services for two City events, the MillenniumCelebration and recently the 11'b Birthday Celebration. The total cost for these two events is $22,000. The type of services provided by J.A. Blash Show, Inc. are carnival rides for all age groups. J.A. Blash Shows, Inc. services have been utilized on several occasions by the City over the years. J.A. Blash Shows, Inc. services continue to be extremely professional and very responsive in fulfilling the needs of the City. Staff recommends that the City Council authorize up to $22,000 for services from J.A. Btash, Inca during the 1999/2000 Fiscal Year. PREPARED BY: Gary A. Olivas Recreation Superintendent CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. ( n TO: Honorable Mayor and City Council MEETING DATE: April 18, 2000 REPORT DATE: April 13, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Allocation of $15,000 from the Asset Forfeiture Fund to support addifional'law enforcement activities. SUMMARY: The City of Diamond Bar currently has approximately $350,000 available in the City's Asset Forfeiture Fund. These funds are to be used as necessary for supplemental law enforcement activities or equipment The Sheriffs department has requested an allocation of $15,000 to fund a special assignment team for high l priority enforcement. RECOMMENDATION; It is requested that the City Council allocate $15,000 from the Asset Forfeiture Fund unappropriated fund balance to cover the cost of additional law enforcement activities. LIST OF ATTACHMENTS: Staff Report Public Hearing Notification Resolution(s) Bid Specification (on file in City Clerk's office) Ordinance.(s) Other: Agreement(s) i EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City At#omey? 2. Does the report require a majority vote? _ Yes _ No 3. Has environmental impact been assessed? _ Yes — No 4. Has the report been reviewed by a Commission? Yes No Which Commission? _ 5. Are other departments affected by the report? _ Yes _ No Report discussed with the followingaffected departments: i REVI WED BY: DEPARTMENT HEAD: Terrence L. Belanger Linda G. Magnus n City Manager Finance Director CITY OF DIAMOND BAR AGENDA REPORT �__�� AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: April 18, 2000 REPORT DATE:, April 12, 2000 FROM: Bob Rose, Community Services Director TITLE: Extension of Purchase authorization for Inland Empire Stages Limited SUMMARY: The purchasing ordinance requires that use of a vendor in excess of $15,000 during the fiscal year must receive City Council authorization. Because Inland Empire Stages Limited- provides imitedprovides lower prices and excellent services, they have provided $14;679 worth of services during 1999/2000 fiscal year. Inland Empire Stages Limited provides excursions for Adults and Senior Citizens throughout the year. RECOMMENDED ACTION: Staff recommends that the City Council extend the authorization for purchases from Inland Empire Stages Limited to $28,000 to FY 1999/2000. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution(s) Bid Specifications Ordinance (on file in City Clerk's Office) Agreement(s) Other: Back-up Material EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed Yes X No by the City Attorney? 2. Does the report require a majority vote? X Yes " _ No 3. Has Environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? Yes X No Which Commission? 5. Are other departments affected by the report? Yes. X No Report discussed with the following affected Departments: None REVIEWED BY: DEPART HEAD: , Te6ence L. Bel g r J es DeStefano Bob Rose City Manager Deputy City Manager Community ServicesDirector CITY COUNCIL REPORT MEETING DATE: April 18,2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Extension of Purchase Authorization for Inland Empire Stages Limited Issue Statement Use of a Vendor for more than $15,000 in a fiscal year requires City Council approval: Recommendation Staff recommends that the City Council extend the authorization for purchases from Inland Empire Stages Limited to $28,000 for FY 1999/2000. Financial Summary Funds for services provided by Inland Stages Limited are already included in the FY 199912000 budget. Background The purchasing ordinance requires that use of a vendor for more than $15,000 worth of goods and services during a fiscal year requires City Council approval. Inland Empire Stages Limited had been used previously to provide services this fiscal year for $14,679. With eight remaining excursions scheduled, authorization totaling up to $28,000 will be required for services during the remainder of FY 1999/2000.' Discussion Inland Empire Stages Limited has provided services for Adults and Senior Citizens since the beginning of FY 1999/2000. The current total cost for these services is $14,679. The type of services provided by Inland Empire Stages Limited are excursions for Adults and Senior Citizens. Inland Empire Stages Limited services continue to be extremely professional and very responsive in fulfilling the needs of the City. Staff recommends that the City Council authorize up to $28,000 for services from Inland Empire Stages Limited during the 1999/2000 Fiscal Year. PREPARED BY: Gary A. Olivas Recreation Superintendent CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: April 18, 2000 REPORT DATE: April 13, 2000 FROM: Terrence L. Belanger, City Manager TITLE: Authorization to the City Manager to Purchase a 2000 Ford Ranger SUMMARY: The 1999-2000 Municipal Budget established an Equipment Replacement Fund and money for the purchase of this ivehicle was included in the 1999-2000 mid -year budget adjustment. Pursuant to the City's Purchasing Ordinance, City Council must grant approval for the City Manager to sign the necessary purchasing documents because the cost of the vehicle exceeds Fifteen Thousand Dollars ($15,000). The City sent Requests for Proposals to six automobile vendors, and Advantage ford responded with the lowest purchase price. With City Council approval, staff will purchase a 2000 Ford Ranger from Advantage Ford for the amount of $17,79522. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar authorize the City Manager to purchase a 2000 Ford Ranger for the amount of $17,795.22. LIST OF ATTACHMENTS: X Staff Report Public Hearing Notification Resolution(s) _ Bid Specification (on file in City Clerk's office) Ordinance(s) Other: Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A _ Yes _ No by the City Attorney? 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? N/A _ Yes _ No Which Commission?. 5. Are other departments affected by the report? _ Yes _X No Report discussed with the following affected departments: CITY COUNCIL REPORT AGENDA NO. MEETING DATE April 18, 2000 TO: Honorable Mayor and Members of the 'City Council FROM: City Manager SUBJECT: Authorization to the City Manager to Purchase a 2000 Pick-up Truck ISSUE STATEMENT: Should the City Council authorize the City Manager to purchase a 2000 Ford Ranger from Advantage Ford for the amount of $17,795.229 RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar authorize the City Manager to purchase a 2000 pick-up truck for the amount of $17,795.22. FINANCIAL SUMMARY: The vehicle total amount of $17,795.22 includes sales tax. The 1999-2000 Municipal Budget established an Equipment Replacement Fund," and money for the purchase of the vehicle was included in the 1999-2000 mid -year budget amendment. BACKGROUND/DISCUSSION: Pursuant to the City's Purchasing Ordinance, it is necessary for the City to secure the lowest purchase price for materials, supplies and capital equipment. Staff sent Request for Proposals to six automobile dealerships to provide price quotes. The vendors include: Advantage Ford, Chino Hills Ford, Puente Hills Chevrolet, MK Smith, Rancho Valley Chevrolet, and Puente Hills Ford. The vendors' responses are as follows: VENDOR RESPONSE Advantage Ford $17,795.22 Chino Hills Ford $18,271.85 (does not incl. bed liner and tax) Puente Hills Chevrolet $18,661.20 (does not incl. bed liner and hitch -additional $570) MK Smith Chevrolet No response Rancho Valley Chevrolet No response Puente Hills Ford No vehicle available The lowest bidder, Advantage Ford's proposal in the amount of $17,795.22 includes sales tax. The vehicle will be driven by Street Maintenance. In order for the City to purchase the vehicle, the City Council must authorize the City Manager to purchase the vehicle. According to Diamond Bar's Purchasing Policy and Procedures Manual, the City Manager is authorized to bind the City for the payment of budgeted services, supplies, materials, equipment, labor or other valuable consideration furnished to the City in the amount not to exceed fifteen Thousand Dollars ($15,000). Therefore, since the vehicle amount exceeds Fifteen Thousand Dollars ($15,000), the City Council must give approval for the City Manager to sign the necessary purchasing documents. . Attachments I- TO: Honorable Mayor and City Council Members MEETING DATE: April 18, 2000 REPORT DATE: April 13, 2000 FROM:• Terrence L. Belanger, City Manager TITLE: Award of Contract for Auditing Services for Fiscal Years 1999-2000 to 2001-2002, with the option to renew for an additional two years. SUMMARY: The City's contract for independent auditors ended with the FY 1998-99 audit. Asa result, it was necessary to send out a request for proposal for auditing services. The request for proposal (RFP) was developed and sent to eighthighly qualified accounting firms who have as a focus governmental accounting. The City received seven responses to its RFP. After review by City staff, four firms were chosen to participate in an interview process. The interviews were conducted by the Finance Committee, City Manager, and Finance Department staff members. During the interview process, the firms were allowed to present their firms qualifications and experience. Special emphasis was placed on the firms' expertise in the upcoming change in governmental accounting reporfing(GASB 34). After careful consideration of each of the firms qualifications, audit team experience, and GASB 34 preparedness, it was decided that the contract for auditing services (as proposed in their proposal dated March 15, 2000) should be awarded Conrad and Associates, L.L.P. RECOMMENDATION': Approve a contract for auditing services to Conrad and Associates, L.L.P. for FY 99-00 ($21,500), FY00-01 ($22,145), FY01-02 ($22,810), with the option to renew for an additional two years. LIST OF ATTACHMENTS: Staff Report P bl' H N tificati Resolution(s) Ordinance(s) Agreement(s) SUBMITTAL CHECKLIST: U is eanng o on Bid Specification (on file in City Clerk's office) X Other: Proposal 1. Has the resolution, ordinance or agreement been reviewed _ Yes No by the City Attorney? 2. Does the report require a majority vote? _ Yes _ No 3. Has environmental impact been assessed? _ Yes _ No 4. Has the report been reviewed by a Commission? _ Yes _ No Which Commission? 5. Are other departments affected by the report? _ Yes _ No Report discussed with the following affected departments: REVIEWED BY DEPARTMENT HEAD: Terrence L. Belan a Linda G. Magnu o City Manager Finance Director Deborah H. O'Connor Mayor Eileen R. Ansari Mayor Pro Tem Wen Chang Council Member Carol Herrera Council Member Robert S. Huff Council Member Reryded paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 - Diamond Bar; CA 91765-4177 (909) 860-2489 • Fax (909) 861-3117 www.Cityofl)iamondBar.com REQUEST FOR PROPOSAL FOR ANNUAL INDEPENDENT AUDIT SERVICE FOR FISCAL YEARS 1999-2000 THROUGH 2001 — 2002 The City of Diamond Bar invites proposals from qualified firms of certified public accountants to perform its Annual Independent Audit for the fiscal years ending June 30, 2000 through June 30, 2002 with the option to extend the engagement for a fourth and fifth year. Detailed specifications explaining the scope of work are attached for your information. Ten (10) copies of the proposal must be submitted to the City Clerk, City of Diamond Bar, 21.660 E. Copley Dr. Ste. 100, Diamond Bar, CA 91765, no later than 5:00 PM. Friday, March 17, 2000. Fee information should be enclosed in a separate envelope. LATE PROPOSALS WILL NOT BE ACCEPTED Each proposal.shail specify completely each and every item as set forth in these specifications. Any and all exceptions to the original specifications must be clearly stated in the proposal and the failure to set forth any exception shall be grounds for rejection of the proposal. The City of Diamond Bar reserves the right to reject any and all proposals and to waive any informality in any proposal and select the proposal that best meets the City's needs. Sincerely, Linda G. Magnuson 1 of its general purpose financial statements in conformity with generally accepted accounting principles. The City also desires the auditor to express an opinion on the fair presentation of its combining and individual fund and account group financial statements and schedules in conformity with generally accepted accounting principles: The auditor is not: required to audit the supporting schedules contained in the comprehensive annual financial report. However, the auditor is to provide an "in -relation to" report on the supporting schedules based on auditing procedures applied during the audit of general purpose financial statements and the combining and individual fund financial statements schedules. The City of Diamond Bar for the past five years has participated in and has been a recipient of thaCSMFO and GFOA Financial Reporting Awards. It is anticipated that the City will continue to participate in these programs. The auditor will be required to prepare the general purpose financial statements and combining statements for the City's Comprehensive Annual Financial Report (CAFR). The City will be responsible for preparing the introductory and statistical sections. The auditor shall assist in finalizing the City's CAFR by conducting a review of all schedules, notes, etc. and shall include an opinion in that report regarding the City's financial statements and supplemental financial schedules. It is anticipated that the auditor will provide assistance in meeting the requirements of these programs. The City also complies with the OMB (Office of Management and Budget) Circular A- 133, Audit of State of Local Governments, which requires an audit be made by an independent auditor in accordance with generally; accepted government auditing standards covering financial and compliance audits. The auditmust cover the entire operations of the Cit an p y d must determine whether: 1 the financial statements is present fairly its financial operations in accordance with GAAP; (2) the organization has internal' accounting and other control systems to provide reasonable assurance that it is managing Federal financial assistance programs in compliance with applicable laws and regulations and (3) the organization has complied with laws and regulations that may have material effect on its financial statements and 'on each major Federal Assistance program: To meet the requirements' of this Request for Proposal, the audit shall be performed in accordance with generally accepted auditing standards as set forth by the American Institute of Certified Public Accountants, the standards for financial audits set forth by the Comptroller General of the United States Government Auditing Standards, the provisions of the Single Audit Act of 1984 and the provisions of OMB Circular A-133, Audits of State and Local Governments. Following the completion of the audit of the fiscal year's financial statements, the auditor shall issue: 3 audit,accounting,; tax service or management services. d. Describe the local office's technical and computer capability. e. Describe the firm's participation in the "peer review" program. Provide the date and extent of the local office's last participation. 5: Summary of Proposal's Qualifications (in addition to minimum qualifications). a. Identify the partners, seniors, managers and supervisors who will work on the audit, including staff from other than the local.,office. Include the resumes for each supervisory person to be assigned to the audit. The resumes may be included as an appendix. b. Describe recent auditing experience similar to the type of audit requested. Specifically, address experience related to the audit of: 1. Municipalities complying with OMB Circular A-133. 2. Federal and State Grant programs. 3. Describe the engagement team experience and capabilities to assist government bond reporting requirements. 4. Describe the professional activities of your firm or of the staff members who support your commitment to governmental accounting.' 5. Describe any regulatory action taken against your firm or local office: 6. Give names, addresses and telephone numbers of five current and former municipal audit clients, served by your local office within the past five years. Include the type of services performed, dates and length of service for each. 6. Scope Section a. Clearly describe the scope of the required services to be provided. In addition to services included for the examination, specific reference must be made to the requirements of OMB Circular A-133. b. The auditors shall familiarize themselves with and comply with the provision of any and all federal, state and county orders, statutes, ordinances, charters, bond covenants, administrative code and orders, 5. The anticipated support requirements of City staff showing personnel class, and hours expected. 6. Although a significant factor, the audit fee may not be the dominant factor. Cost will be a particularly important factor when all other evaluating criteria are _relatively equal. All proposals will be evaluated by first -using the criteria of factors 1 through 5. After the top candidates have been selected using this criteria, a final decision will be made based upon the audit fee proposals. Oral :interviews may be arranged anytime during the selection process to assist in making the final decision. The City reserves the right to select a firm on any combination of price, experience in auditing governmental agencies, references and other features that are deemed to be in the best interests of the City. All, factors will be considered in the selection process. G. ADDITIONAL INFORMATION AND CONTACT 1. The submission of a proposal shall be prima face evidence that the proposer has full knowledge of the scope, nature, quantity and quality of work to be, performed. 2. The City will not be liable for any costs not included in the proposal and subsequent contracted -for costs. 3. The City reserves the right to conduct personal interviews of any or all proposers prior to selection. 4. The City reserves the right to reject any and all proposals, the right in its sole discretion to accept the proposal it considers most able to the City's interest and the right to waive minor irregularities in the procedures. 5. The contracting firm shall make itself available to the City Council and management to answer questions related to audit findings. 6. Compensation for the conduct of audit service will be paid upon submission of progress billings and of a final billing, along with the required reports. 7. The successful proposer will be required to sign the standard City Professional Services Agreement, including meeting the City's minimum insurance requirements. i 8 CITY 3F DIAMOND BAR AGENDA REPORT AGENDA NO. T0: Terrence L. Belanger, City Manager MEE71NG DATE: April 18, 2000 REPORT DATA` March 30, 2000 FROM. Lynda Burgess, City Cleric TITLE. PUBLIC HEARING: Resolution No 09-970: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL SUMMARY: All cities are required to adopt conflict of interest codes designating certain positions participating in making decisions wNch may affect financial interests, Since adoption of the City's Code on October 3, 1989, amendments have been necessaryto add new positions or delete obsolete positions. In a written opinion issued by the Fair Political Practices Commission on March 27, 2000, the Commission opined that the Board of Directors of the Diamond Bar Community': Foundation is subject to the provisions of the Political Reform pct and; therefore, the City must amend its Conflict of Interest Code to include Foundation Directors, RECOMMENDATION: it is recommended that the City Council open the Public Hearing, take testimony, close the Public Hearing and adopt Resolution No. 89.970 adding the positions of Board of Directors of the Diamond Bar CommunityFoundation to the City's Conflict of Interest Code. LIST OF ATTACHMENTS: X Staff Report X Public Hearing Notification — Resolution(s) Did Specification (on file in City Clerk`s office) Ordinance(s) X Other: Opinion issued by the Fair Political „_. Agreement(s) Practices Commission 3127/00 1. Has the resolution, ordinance or agreement been reviewed X* Yes _ No by the Chir Attorney? 2. noes the report require a majority vote? X Yes No 3. Has environmental impact been assessed?" _ Yes _ No 4. Has the report been reviewed by a Commission? Yes _ No Which Commission? 5. Are other departments affected by the report? X Yes No Report discussed with the following affected departments: Community Services City Attorney prepared original Resolution --this effort changes the exhibits REVIEWED BY: DEPARTMENT HEAD: T A Terrence L, Bela er James DeStefano LyridS Burgess City Manager Deputy City Manager City Cleric MEETING'DATE: TO: FROM: SUBJECT: ISSUE STATEMENT: CITY COUNCIL REPORT AGENDA NO. April 18, 2000 Honorable Mayor and Members of the Cita Council Terrence L. Belanger, City Manager Conflict of Interest Code for City Personnel All state and local government agencies are rewired to adopt conflict of interest codes designating certain positions making or participating in the making of decisions which may affect financial interests. Ina written opinion issued by the Fair Poul Practices Commission on March 27, 2000; the Commission opined thatthe Board of Directors of the Diamond Bar Community Foundation is subject to the provisions of the Political Reform Act and; therefore, the pity must amend its Conflict of Interest Code to include Foundation Directors. RECOMMENCIATION: Open the Public Hearing, take testimony, close the Public Heating and adopt Resolution No. 89-974 Amending the City's Conflict of Interest Code for Designated Personnel to add the Board of Directors of the Diamond Bar Community Foundation. FINANCIAL SUMMARY: No financial impact BACKGROUND: The City established its Conflict of Interest Code through adaption of Resolution No 89-97 ort October 3 1989. Six positions were designated at thattime'to be required to file statements with the City Clerk disclosing, interests in real property, and'or "income and investments from businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City." Since that time, various amendments have been adopted by the City Council for the purpose of establishing further positions or adding Commissions also required to file disclosere statements. RESOLUTION NO. 819-97 O A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL A. Recitals. (i) The City of Diamond Bar has heretofore enacted a Conflict of Interest Code for designated personnel. (ii) The Political Reform Act of 1974, California Government Code Sections 81000, et seq., rejuires the City to adopt amendments to its Conflict of Interest Cede to ensure employees of the City are appropriately designated when new employees are added to The City or changed circumstances occur m6th respect to job functions.. (iii) Pursuant to the provisions of California Government Code Section 87311, a duly noticed Public Hearing was conducted and concluded prior to the adoption of this Resolution. B. Resotuflon NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as f llowrs. 1. In all respect asset forth in the Recitals, Part A,, of this Resolution. 2. The City's Conflict of Interest Code, as heretofore adopted, hereby is amended by the adoption of a new Exhibit "A° setting forth designated employees and disclosure categories pertaining thereto. 3. Persons holding designated positions shall file statements of economic interests pursuant to Sections 4 and 5 of the Conflict of Interest Code. 4. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 18th day of April, 2000. Mayor t, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 18"' day of A ril , 2000, by the fallowing vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL' MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL: MEMBERS: ATTEST: City Clerk of the City of Diamond Bar ATTACHMENT A CONFLICT OF INTEREST CODE FOR THE CITY OF DIAMOND BAR The Political Reform Act, Government Code Section 81000, et. seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of interest code. It can be incorporated by reference and may be amended by, the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act: Therefore, the terms of 2 Cal. Code of Regs. Section 18730 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City' of Diamond Bar. - Designated employees shall fife statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the City Council, Planning Commission and City Manager, the agency ,shall matte and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency. APPENDIX A DESIGNATED ENIPLQYEES ISCLOSURE CATEGORIES Accountant tI Administrative Assistant Assistant to City Manager Associate Engineer Associate Planner City Clerk Communications and Marketing Director Communications and Marketing Coordinator Community Services Assistant Deputy City Manager Deputy Director of Public Works Development Services Assistant Diamond Bar Community Foundation Board of Directors (11)' Director of Community Development Director of Community Services Director of Public Works/City Engineer Finance Director Parks & Recreation Commission Public Works Supervisor Recreation Superintendent Senior Accountant Senior Administrative Assistant Senior Engineer Senior Planner Superintendent of Parks & Maintenance Traffic & Transportation Commission Treasurer 2 1,2 1,2 1 1 1,2 1,2 1,2 1 1,2 1,2 1 1 1,2 1,2 1,2 1,2 1 1 1 1,2 1 1 1 2 1 2. * NOTE: City Council, City Manager, City Attorney and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code Sections 87200, et. seq,), not this Code. ATTACHMENT CONSULTANTS, AD HOC COMMITTEES TASK FORCES AND SIMILAR GROUPS'"* Commission Regulation 18700 defines "comultant" as an individual who, pursuant to a contract with a state or local government agency: (A) _ Makes a governmental decision wh et#ier to: {i) Approve a -rate, rule, or regulation; (ii) Adopt or enforces law; (iii) Issue, deny, -suspend, or revoke any, permit, license, application, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it -is the type of contract which requires agency approval;' (v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to thie specifications for such contract; (vi) Grant agency approval'to a plan, 'design, !report, -study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards; or guidelines for the agency, or for any subdivision thereat dr (8) ;Serves in a staff capacity with the agency and in that capacity performs the carne or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code. "* With respect to consultants, ad hoc committees, task fomes and similar groups, the City Manager shall determine in writing if a particular consultant, ad hoc committee, task farce of similar group performs a range of duties requiring discomure hereunder. That determination shall; include a description of the consultants, ad hoc cormmittee's, task force's or similar group's duties and a statement of the extent of disclosure requirements. A copy of that determination shall be filed with the -City Clerk and a copy forwarded to the City Council. APP€NDfX-B �P<sE"E of ryes. o OgC[FO RRp %AIR POLITICAL PRACTICES COMMISSION P.O. Box 807 • 428 1 Street • Sacramento, CA 95812-0807 (916) 322-5660 • Fax (916) 322-0886 March 27, 2000 Lynda Burgess City Clerk City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Re: Your Request for Advice Our File No. A-00-058 Dear Ms. Burgess: This letter is in response to your request for advice regarding the provisions of the Political Reform Act (the "Act").' QUESTIONS 1. Are the members of the Board of Directors of The Diamond Bar Community Foundation subject to the provisions of Government Code Sections 87100 et seq.? I 2. if so, is the foundation required to adopt its own conflict of interest code or would the City of Diamond Bar need to amend its code to include members of the foundation? 3. Does the Act require the 'Foundation to report donations it receives? CONCLUSIONS 1. Yes, the members of the Board of Directors of The Diamond Bar Community Foundation are subject to the provisions of Government Code Sections 87100 et seq. 2. The City of Diamond Bar must amend its conflict of interest code to cover the members of the Board of Directors of the Foundation. ' Government Code sections 81000 - 91015. Commission regulations appear at title 2, sections 18109 - 18996, of the California Code of Regulations. t F°3F `x t10 z , .,1 2. if so, is the foundation required to adopt its own conflict of interest code or would the City of Diamond Bar need to amend its code to include members of the foundation? 3. Does the Act require the 'Foundation to report donations it receives? CONCLUSIONS 1. Yes, the members of the Board of Directors of The Diamond Bar Community Foundation are subject to the provisions of Government Code Sections 87100 et seq. 2. The City of Diamond Bar must amend its conflict of interest code to cover the members of the Board of Directors of the Foundation. ' Government Code sections 81000 - 91015. Commission regulations appear at title 2, sections 18109 - 18996, of the California Code of Regulations. File No. A-00-058 Page 2 3. Under these circumstances, there is no requirement the Foundation report receipt of donations under the provisions of the Act. FACTS The City of Diamond Bar has established a 501(c)(3) California Nonprofit Public Benefit Corporation entitled "The Diamond Bar Community Foundation." The Board of Directors consists of 11 individuals selected as follows: One (1) member selected from the Diamond Bar City Council; one (1) member of the City of Diamond Bar Parks & Recreation Commission; five (5) members who are residents of the City of Diamond Bar and chosen by the Diamond Bar City Council; four (4) members who are residents of the City of Diamond Bar - one each representing the Diamond Bar Chamber, of Commerce, senior citizen organizations; youth organizations and service organizations. Any change in the number and qualifications of members of the Board of Directors may be'made only by amendment to the bylaws and approved by the Diamond Bar City Council. (Bylaws, Art.V, Section 5.02, subd.(c).) The City Council also must approve any Foundation vote to remove a director from the Board. (Bylaws, Art.V, Section 5.05, subd.(a).) All meetingsmust be conducted in accordance with the requirements of the Brown Act, the "sunshine" law applicable to meetings of state agencies. (Bylaws, Art.V, Section 5.07, subd.(c)(ii)(d).) The City assists the Board formally, as well. At the Board's annual meeting, for instance, the City's Community Services Director assists the Board Chair with presenting a budget for approval at the meeting. In addition, you indicate the City provides administrative support to the Foundation. The purpose of the foundation is "to establish a permanent endowment fund which will be used to lessen the burdens of government by assisting the City of Diamond Bar in charitable and other public purpose projects. The specific public and charitable purposes for which this corporation is organized are to lessen the burdens of government, to promote the implementation of the Parks Master Plan of 1998 of the City of Diamond Bar and to support the cultural recreation and human service needs of the City of Diamond Bar." 1n pursuing the goals of the organization, however; the Foundation's bylaws declare its efforts are: ... in addition, and supplemental to, any budgeting program sponsored by the City, and the use of the assets, funds or personnel of this Corporation in routine operations of the City of Diamond Bar (other than those established by the Corporation) shall be a violation of the purposes herein expressed." (Bylaws, Art.III,'Section 3.02, subd.(c).) Thus, the City is prohibited from using the resources of the Foundation for City purposes, unless the Foundation amends the bylaws allowing such use. File No. A-00-058 Page 3 The bylaws also describe the powers of the Board of Directors (Bylaws, Art:V, Section 5.01.) Among other things, the Directors are endowed with powers much the same as directors of for-profit corporations. For instance, the Board may appoint and remove all officers of the Foundation, prescribe duties for them and fix salaries. The Board may also receive donations, is charged with accounting for Foundation funds and is directed to distribute the distributable income for the purposes described above. (Id.) ANALYSIS Applicability of the Political Reform Act's Conflict of Interest Provisions to the Foundation. Section 87300 of the Act requires every state and local agency to adopt a conflict of interest code applicable to its "designated employees." For the purposes of Section 87300, "agency" is understood to mean any state agency or local government agency. (Maas Advice Letter, No. A-98-261.) "Local government agency" is defined in Section 82041 as: "... a county, city or district of any kind including school district, or any other,local or regional political subdivision, or any department, division, bureau, office, board, commission or other agency of the foregoing." Whether a particular entity is a private entity, or a local government agency, is essentially a factual determination, that must be made on a case-by-case basis. (In re Vonk (1981) 6 FPPC Ops. 1.) To that end, the Commission has adopted a four-part factual test for deciding whether a particular entity is a local government agency. (In re Siegel (1977) 3 FPPC Ops. 62.) Under this "Siegel test," the following four criteria must be considered: (1) Whether the impetus for formation of the entity originated with a government agency; (2) Whether the entity is substantially funded by, or its primary source of funds is, a government agency; (3) Whether one of the principal purposes for which the entity was formed is to provide services or undertake obligations which public agencies are legally authorized to perform and which, in fact, they traditionally have performed; and (4) Whether the entity is treated as a public entity by other statutory provisions. While the Siegel test is not intended to be a definitive litmus test for determining whether an entity is a private entity or a local government agency (Vose Advice Letter, No. I-97-578), through application of its four test criteria, one can draw certain conclusions about the entity in File No. A-00-058 Page 4 question. We therefore will apply the Siegel test and from there determine whether the Foundation should be considered a local government agency. Impetus For Formation Your letter requesting advice acknowledges the City of Diamond Bar established the Diamond Bar Community Foundation. Because the City is a government agency (Section 82003) and because the impetus for formation of the Foundation originated with a government agency, the first criterion of the Siegel testis met. (Cool Advice Letter, No A-99'=084; Francis Advice Letter, No. A-86-214.) Funded By a Government Agency According to the bylaws of the Foundation, the Chairperson of the Foundation must present a budget at the annual Board meeting for approval by the Board. (Bylaws, Art.V, Section 5.07, subd.(a).) The bylaws declare the Chairperson shall do so "with assistance from the Community Services Director of the City of Diamond Bar." There is no requirement any City resources which are expended on behalf of the Foundation be reimbursed by the Foundation. However, to the extent this "assistance" constitutes funding of the Foundation by the City, it does not appear to constitute "substantial' or "primary" funding of the Foundation. Support of this kind could constitute governmental funding of the Foundation (Moser Advice Letter, No. 1-97- 595), although, in this case, it appears that such funding, if it occurs, would°only be a minimal supplement to the Foundation's primary funding. With respect to administrative support provided by the City to the Foundation, the general value of those services are unknown. Assuming those expenses are not significant in relation to the larger funding of the Foundation - i.e., the distributable income which the Foundation distributes in advance of its mission, it does not appear that the Foundation is being primarily, or even substantially, funded by a government agency. The second criterion of the Siegel test is therefore not satisfied. Services Which Public Agencies Traditionally Perform The third criterion asks whether one of the principal purposes for which the entity was formed is to provide services or undertake obligations that public agenciesare legally authorized to perform and which, in fact, they traditionally have performed. As stated in the Foundation bylaws, the purpose of the foundation is: "...to establish a permanent endowment fund which will be used to lessen the burdens of government by assisting the City of Diamond Bar in charitable and other public purpose projects. The specific public and charitable purposes for which this [Foundation] is organized are to lessen File No. A-00-058 Page 5 the burdens of government, to promote the implementation of the Parks Master Plan of 1998 of the City of Diamond Bar and to support the cultural, recreational and human service needs of the City of Diamond Bar. ..." (Bylaws, Art.III, Section 3.01.) In Cool, supra, we advised that a foundation created by a community services agency which had the primary purpose of funding repair and improvement projectsforthe benefit of the general public clearly constituted services which public agencies traditionally perform; thus satisfying the third prong of the Siegel test. It is undoubtedly true in the instant matter that assisting the City in charitable and other public purpose projects for the benefit of the general public is one of the primary services that public agencies on the local, state, and federal level are legally authorized to perform. It is necessarily true that whatever lessens the burden of government via the rendering of "assistance" is performing an activity which the government would otherwise perform or is authorized to perform. In this case, it is to promote the implementation of the City's parks master plan, among other things. Accordingly, the Foundation clearly satisfies this third criterion of the Siegel test. Treated as a Public Entity By Other Statutes The Foundation is treated as a nonprofit public benefit corporation and thereby enjoys certain tax benefits similar to other public agencies. In addition, all annual, regular and special meetings of the Foundation's board are subject to the provisions of the Brown Act, which applies to the meetings of public entities. The Foundation is therefore comparable to the NAVCO Pacific Development Corp., which in the Lober Advice Letter, No. A-90-135, we found was treatedas a public entity by other statutes. (See also Cool Advice Letter, supra.) As such, the Foundation also satisfies the fourth criterion of the Siegel test. (Maas Advice Letter, No. A-98- 261.) Analysis After applying the Siegel test to the facts presented in your letter, we find that three of the four criteria for an entity to be considered a local government agency are satisfied. It is not necessary that all four of the criteria be satisfied for an entity to be considered a local government agency. (O'Shea Advice Letter, No. A-91-570,) It is only necessary that the entity satisfies enough of the four criteria for its overall character to correspond to that of a local government agency. We believe that the functions being performed by the Foundation are, governmental in nature and create opportunities for individuals to affect their personal economic interests through the decisions in which they participate. One of the purposes of the Act is to assure that public officials perform their duties in an impartial manner, free from bias. (Section 81001(b).) The Act is to be liberally construed to accomplish this purpose. (Section 81003.) With this in mind, File No. A-00-058 Page 6 we believe that the Foundation sufficientlymeets the Siegel criteria to be considered a local government agency within the meaning of the Act. 2. Adoption of a Conflict of Interest Code In your letter, you ask if the City of Diamond Bar should amend its conflict of interest code to include the Foundation or if the Foundation should create its own code. As stated above in section 1 of this letter, Section 87300 of the Act requires every state and local agency to adopt a conflict of interest code applicable to its "designated employees." For the purposes of Section 87300, "agency" is understood to mean any state agency or local government agency_ (Maas Advice Letter, No. A-98-261.) "Local government agency" is definedin Section 82041 as: "... a county, city or district of any kind including school district, or any other local or regional political subdivision, or any department, division, bureau, office, board, commission or other agency of the foregoing." Thus, if the Foundation is not a city agency, it must adopt its own code. (Stamper Advice Letter, I-94-105.) In the Stamper Advice Letter, supra, we advised a board of supervisors that its local consortium, established under federal legislation to cope with the AIDS crisis, while a "local government agency" for purposes of determining the appropriate code -reviewing body, was nevertheless` structured as a separate local body and should create its own code. In Stamper, the only connection the county had with the consortium was that a county employee served as a member of the consortia. The consortia grew out of the Ryan White Comprehensive AIDS Resources Emergency Act of 1990, which administered federal grants to local consortia organized to treat HIV -affected populations. The Imperial County Board of Supervisors did not approve consortia funding applications, nor did it review, approve, or even become aware of the actions of the consortium located within the county. In contrast to the facts of Stamper, the City of Diamond Bar is much more entwined in the actions of the Foundation. In addition to the fact that the Foundation was created at the impetus of the City; the Foundation has been created to administer not a federal program, as in Stamper, but to assist the City administer its parks master plan and lessen the burdens of city government.' Unlike the supervisors in Stamper, the Diamond Bar City Council can exercise significant control over the Foundation. Pursuant to the Bylaws as discussed above, the City assists the Foundation in the presentation of its budget at the Foundation's annual meeting. Also, the City renders administrative support to the Foundation in its day-to-day activities without apparent reimbursement. In addition to the one member of the City Council that sits on the 11- File No. A-00-058 Page 7 member Board, the City Parks and Recreation Commission appoints one member. (Bylaws, Art.V, Section 5.02, subd.(a)(ii).) In addition to these two positions, the City appoints five additional members of the board who must be citizens of the City. (Bylaws, Art.V, Section 5.02, subd.(a)(iii).) Finally, the remaining four members are appointed by a majority of the aforementioned seven members. (Bylaws, Art.V, Section 5.02, subd.(a)(iv).) Even though these last five appointees must represent certain local community organizations, it is nevertheless true that the City determines who shall sit on the board and who shall not. Along those lines, it is important to note, though, that the City is entrusted by the Foundation's bylaws with certain powers over the Foundation - to wit, any change in the number and qualifications of members of the Board of Directors must be approved by the Diamond Bar city council. (Bylaws, Art.V, Section 5.02, subd.(c).) Also, the City Council must approve any Foundation vote to remove a director from the Board. (Bylaws, Art.V, Section 5.05, subd.(a).) As can be seen, the City and the Foundation are much more closely connected, in purpose, activity and support, than the consortia inStamper. Therefore, we conclude the Foundation is not structured, as a separate local body that is required to have its own conflict of interest code. As the code reviewing body, the City of Diamond Bar must ultimately make this determination. The city may either amend its code to include the Foundation or develop a separate conflict of interest code for the Foundation. (Section 87301.) 3. Reporting of Donations Received by the Foundation In a phone conversation on March 22, you asked whether the Foundation is required to report donations it receives to support its mission. I asked if the Foundation had, in fact, received any and you indicated your belief that it had not. While we cannot render broad advice absent specific factual circumstances, the following guidelines should be helpful in framing the issues. When a specific instance or question arises, it is recommended you seek advice at that time. The Act requires reporting of contributions received by candidates, their controlled committees, and by other types of political committees. Regulation 18215 defines a contribution as a payment made "for political purposes for which full and adequate consideration is not made to the donor." (Regulation 18215.) A payment is made for political purposes if it is, among other things, for the purpose of influencing or attempting to influence the action of the voters for or against the nomination or election of a candidate or candidates, or the qualification or passage of any measure. (Regulation 18215, subd.(a)(1).) A copy of that regulation is enclosed. Regulation 18217 (copy enclosed) provides a definition of controlled committee applicable to organizations that are tax-exempt under section 501 of the Internal Revenue Code but are not formed or existing primarily for political purposes. (See Regulation 18217(f).) Regulation 18217(a) provides that a nonprofit association will be considered a controlled committee if: File No. A-00-058 Page 8 "(1) A candidate, his or her agent, or any committee he or she controls, exercises significant influence over the actions and decisions of the organization, or acts jointly with the organization in connection with the making of expenditures. (2) The organization qualifies as a committee under Government Code Section 82013(a), and the organization is operated for political purposes. For purposes of this regulation, an organization is `operated for political purposes' if either of the following applies: (A) The organization receives or expends funds for the purpose of influencing or attempting to influence the action of the voters for or against the nomination or election of a candidate or the qualification or passage of any measure. (B) The organization makes contributions to candidates or their controlled committees." A candidate maybe involved with a nonprofit organization without the entity becoming j an additional controlled committee of the candidate if certain criteria are met. Regulation 18217(b) provides that a nonprofit organization is presumed not to be significantly influenced by a candidate if: "(1) The candidate is not substantially involved in the day-to-day operations of the organization, and the organization is controlled by aboard of directors with 3 or more members, two-thirds of whom are not: (A) Candidates; (B) Agents, campaign staff, employees, or persons otherwise under the control of a candidate; or j (C) Brothers, sisters, parents, children, spouses, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, mothers-in-law or fathers-in-law of a board member who is a candidate. (2) The name of the organization does not include the name of the candidate. For purposes of this subdivision (b)(2) the term `name of the candidate' means the candidate's first and last name or some other unambiguous reference to the candidate." With the information you have provided, it appears no reporting requirement exists for the Foundation with respect to the provisions of the Act. A more definitive opinion, however, File No. A-00-058 Page 9 with respect to a specific donation, expenditure or other activity of the Foundation must await the particulars of that scenario. Also, we render no opinion as to other reporting requirements that may exist with respect to other legal regimes. If you have any other questions regarding this matter, please contact me at (916) 322-5660. Sincerely,, Luisa Mench a .•'``F , Assistant era oxfnsel . By: C. Scott Tcher Staff Counsel, Legal Division LM:CST:tis Enclosures (Regulations of the Fair Political Practices Commission, Title 2, Division 6, of the California Code of Regulations) 18215. Contribution (a) A contribution is any payment made for political purposes for which full and adequate consideration is not made to the donor. A payment is made for political purposes if it is: (1) For the purpose of influencing or attempting to influence the action of the voters for or against the nomination or election of a candidate or candidates, or the qualification or passage of any measure; or (2) Received by or made at the behest of the following or any agent thereof: (A) A candidate; (B) A controlled committee; (C) An official committee of a political party, including a state central committee, county central committee, assembly district committee or any subcommittee of such committee; or (D) An organization formed or existing primarily for political purposes, including, but not limited to, a political action committee established by any, membership organization, labor union or corporation. (b) The term "contribution" includes: (1) Any payment made to a person or organization other than a candidate or committee, when, at the time of making the payment, the donor knows or has reason to know that the payment, or funds with which the payment will be commingled, will be used to make contributions or expenditures. If the donor knows or has reason to know that only part of the payment will be used to make contributions or expenditures, the payment shall be apportioned on a reasonable basis in order to determine the amount of the contribution. There shall be a presumption that the donor does not have reason to know that all or part of the payment will be used to make expenditures or contributions, unless the person or organization has made expenditures or contributions of at least one thousand dollars ($1,000) in the aggregate during the calendar year in which the payment occurs, or any of the immediately 1 preceding four calendar years. (2) A candidate's own money or property used on behalf of his or her candidacy. (3) Any goods or services received by or behested by a candidate or committee at no charge or at a discount from the fair market value, unless the discount is given in the regular course of business to members of the public. (c) Notwithstanding any other provision of this section, the term "contribution" does not include: (1) An expenditure made at the behest of a candidate in connection with a communication directed to voters or potential voters as part of voter registration activities or activities encouraging or assisting persons to vote, if the expenditure does not constitute express advocacy. (2) Volunteer personal services or payments made by a person for his own travel expenses, if such payments are made voluntarily without any understanding or agreement that he or she will be repaid. (3)'A payment made by an occupant of a home or office for costs related to any meeting or fundraising event held in the occupant's home or office, if the total cost of the meeting or fundraising event is $500 or less, exclusive of the fair rental value of the premises. (4) A payment made at the behest of a candidate, which is for a communication by the candidate or any other person, that meets all of the following: (i) Does not contain express advocacy; (ii) Does not make reference to the candidate's candidacy for elective office, the candidate's election campaign, or the candidate's or his or her opponent's qualifications for office; and (iii) Does not solicit contributions to the candidate or to third persons for use in support of the candidate or in opposition to the candidate's opponent. (5) A payment made by a candidate or committee for another candidate to attend the paying candidate's or committee's fundraiser. (6) A payment made by a candidate for a communication publicizing his or her 2 endorsement by another candidate, provided that the communication does not expressly advocate the nomination or election of the endorsing candidate or the defeat of an opponent of the endorsing candidate. (7) A payment made by a ballot measure committee for a communication in which the ballot measure supported or opposed by the committee is endorsed or opposed by a candidate, and the communication does not expressly advocate the nomination or election of the endorsing candidate or the defeat of an opponent of the endorsing candidate. (8) A payment by: (i) A regularly published newspaper, magazine or other periodical of general circulation which routinely carries news, articles, and commentary of general interest for the cost of publishing a news story, commentary or editorial; or (ii) A federally regulated broadcast outlet for the cost of broadcasting a news story, commentary, or editorial. (9) A payment by an organization for its regularly published newsletter or periodical, if the circulation is limited to the organization's members, employees, shareholders, other affiliated individuals and those who request or purchase the publication. This exception applies only to the costs regularly incurred in publication and distribution. Any additional costs incurred are contributions, including, but not limited to, expanded circulation; substantial alterations in size, style, or format; or a change in publication schedule, such as a special edition. (10) A payment for a debate or other forum sponsored by a nonpartisan organization in which at least two candidates appearing on the ballot for the same elective office were invited to participate. (11) A payment for a debate or other forum in which the proponent of a ballot measure and at least one opponent, or their respective representatives, were invited to participate in equal numbers. (12) A payment for a debate or other forum sponsored by a political party or affiliated committee in which a majority of the candidates for that party's nomination were invited to participate. 3 (13) A payment made by a bona fide service, social, business, trade, union or professional organization or group for reasonable overhead expenses associated with the organization's regularly scheduled meeting at which a candidate, or an individual representing either side of a ballot measure speaks, if the organization pays no additional costs in connection with the speaker's attendance. (14) A payment received by, directed by, or made at the behest of a candidate for personal purposes. [NOTE: Such payments may constitute gifts, income, or honoraria, and as such may be limited or prohibited, under other provisions of the Act. See also Title 2, California Code of Regulations, Section 18941.1 regarding payments for food.] (15) A payment made by a candidate for a communication in support of or opposition to a ballot measure, if the communication features the endorsingcandidate or clearly identifies him or her as the sponsor of the communication. [NOTE: this exception does, not include a monetary contribution from a candidate or his or her controlled committee to a ballot measure committee.] (16) A payment by a sponsoring organization for the establishment and administration of a sponsored committee, provided such payments are reported. Any monetary payment made under this subdivision to the sponsored committee shall be made by separate instrument. A "sponsoring organization" may be any person (see Gov't Code § 82047) except a candidate or other individual (see Gov't Code § 82048.7). "Establishment and administration" means the cost of office space, phones, salaries, utilities, supplies, legal and accounting fees, and other expenses incurred in setting up and running a sponsored committee. (d) A contribution made at the behest of a candidate for a different candidate or to a committee not controlled by the behesting candidate is not a contribution to the behesting candidate. Note: Authority: Section 83112, Gov. Code Reference: Section 82015 and 85312, Gov. Code Histo (1) New section filed 4-30-76; effective thirtieth day thereafter. (2) Amendment of subsection (e) filed 1-9-81; effective thirtieth day thereafter. (3) Amendment filed 2-17-82; effective thirtieth day thereafter. 4 18215 (4) Amendment filed 7-12-84; effective thirtieth day thereafter. (5) Amendment filed 11-26-90; effective thirtieth day thereafter. (6) Amendment filed 11-7-95; effective upon filing. (7) Amendment filed as an emergency 1-29-97; effective upon filing. (8) Permanent regulation filed 6-26-97; effective upon filing. (Regulations of the Fair Political Practices Commission Title 2, Division 6, of the California Administrative Code) 18217. Nonprofit Organization as Controlled Committee (a) A nonprofit organization, as defined in subdivision (f), shall be considered a controlled committee, if both of the following apply: (1) A candidate, his or her agent, or any committee he or she controls, exercises significant influence over the actions and decisions of the organization, or acts jointly with the organization in connection with the making of expenditures. (2) The organization qualifies as a committee under Government Code Section 82013(a), and the organization is operated for political purposes. For purposes of this regulation, an organization is "operated for political purposes" if either of the following applies: (A) The organization receives or expends funds for the purpose of influencing or attempting to influence the action of the voters for or against the nomination or election of a candidate or the qualification or passage of any measure. (B) The organization makes contributions to candidates or their controlled committees. (b) For purposes of subdivision (a)(1) a nonprofit organization which is tax-exempt under Section 501 of the Internal Revenue Code, and which is not an organization described in Section 527 of the Internal Revenue Code, is presumed not to be significantly influenced by a candidate, his or her agent, or any committee he or she controls, if the organization complies with all of the factors set forth below: (1) The candidate is not substantially involved in the day-to-day operations of the organization, and the organization is controlled by a board of directors with 3 or more members, two-thirds of whom are not: (A) Candidates; (B) Agents, campaign staff, employees,or persons otherwise' under the control of a candidate; or (C) Brothers, sisters, parents, children, spouses, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, mothers-in-law or fathers-in-law of a board member who is a candidate. (2) The name of the organization does not include the name of the candidate. For i i purposes of this subdivision (b)(2) the term "name of the candidate" means the candidate's first and last name or some other unambiguous reference to the candidate. j (c) For purposes of subdivision (a)(2), a nonprofit organization which is tax-exempt under Section 501 of the Internal Revenue Code, and which is not an organization described in Section 527 of the Internal Revenue Code, is presumed not to be operated' for political purposes if the organization complies with all of the factors set forth below: I (1) The organization does not make contributions to candidates. (2) The name of the organization' does not include the name of the candidate. For purposes of this subdivision (c)(2) the term "name of the candidate means the candidate's first I and last name or some other unambiguous reference to the candidate. i (3) The organization does not spend funds in excess of the amount permitted under Section 501(h) of the Internal Revenue Code to influence or attempt to influence legislative action. I. (4) The organization does not spend funds to influence or attempt to influence the qualification or passage of any measure in an amount sufficient to qualify the organization as a i, committee under Section 82013 of the Government Code. P (5) This subdivision (c) shall not be construed to prevent the organization from forming a separate and independent political committee which is not controlled by any person described in subdivision (b)(1)(A)-(C). (d) The presumptions set forth in subdivisions (b) and (c) can be rebutted by clear and convincing evidence that, notwithstanding compliance with all of the factors set forth in subdivisions (b) and (c), the organization is controlled by a candidate and operated for political purposes. (e) A person who makes a donation to a nonprofit organization which is tax-exempt under Section 501 of the Internal Revenue Code, and which is not an organization described in Section 527 of the Internal Revenue Code, in reliance upon the organization's tax-exempt status, is not making a contribution unless' the person knows or has reason to know that the organization is operated for political purposes. (f) For purposes of this regulation, "nonprofit organization" means an organization which is characterized as an exempt organization under Section 501 of the Internal Revenue Code, but which is not an organization formed or existing primarily for political purposes. Note: Authority: Section 83112, Gov. Code Reference: Section 82016, Gov. Code HistQry (1) New section filed 8-31-90; effective thirtieth day thereafter. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.-2,2— TO: , 2-- TO: Honorable Mayor and Members of the City Council MEETING DATE: " April 18, 2000 REPORT DATE: April 12; 2000 FROM.- Terrence L. Belanger, City Manager TITLE: Public Hearing in Consideration of Resolution of Vacation to Vacate a Portion of Highcrest Drive in the City of Diamond Bar SUMMARY: On March 7, 2000, the City Council approved Resolution No. 2000-17 declaring intention to vacate a portion of Highcrest Drive as requested by the Highcrest Homeowners Alliance. The intent of this noticed public hearing is to consider evidence and testimony regarding the proposed vacation and to make appropriate findings to approve, condition or deny the request. I On April 11, 2000; the City received a request' from the Highcrest Homeowners Alliance to postpone/continue the public hearing for one month: RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar postpone the public hearing regarding the consideration of resolution of vacation to vacate a portion of Highcrest Drive and re -advertise the public hearing for May 16, 2000 LIST OF ATTACHMENTS: X Staff Report T Public Hearing Notification _ Resolution(s) _ Bid Specification Agreement(s) _ Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A 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? NIA Yes No REVIEWED BY: CITY COUNCIL REPORT AGENDA NO. MEETING DATE: April 18, 2000 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Public Hearing in Consideration of Resolution of Vacation to Vacate a Portion of Highcrest Drive in the City of Diamond Bar ISSUE STATEMENT To conduct a public hearing in accordance with Resolution No. 2000-17, a resolution declaring its intention to vacate a portion of Highcrest Drive between Goldrush Drive and it's southerly terminus. FINANCIAL''' SUMMARY The vacation process has no impact upon the City budget. The applicant shall remunerate costs associated with the processing of the vacation request. BACKGROUND The City had received a request from the Highcrest Homeowners Alliance to vacate a portion of Highcrest Drive between Goldrush Drive and it's southerly terminus. This street currently provides access for twenty (20) homes on this cul-de-sac. During a regular meeting of the City Council on March 7, 2000, the Council approved Resolution No. 2000-17 declaring intention to vacate a portion of Hi crest Drive and set a public hearing for April 18, 2 000. This initiates the vacation proceedings in accordance with the Streets and Highways Code. The intent of this noticed public hearing is to consider evidence and testimony offered by interested persons regarding the proposed` vacation and to make appropriate findings to approve, condition or deny the request. DISCUSSION The Highcrest Homeowners Alliance petition requests vacation of a portion of Highcrest Drive for the purposes of establishing a private street proposed to be incorporated into the Pulte Home Corporation project (Tract 52267) located at the terminus of Highcrest Drive. With the adoption of the resolution of intention, staff initiated proceedings for the street vacation. I� There are several utilities within the public right-of-way on Highcrest drive- and staff has coordinated with the various utility companies and agencies (Edison, GTE, Walnut Valley Water, 1 � Adelphia Cable, Gas Company, Walnut Valley Sheriff s Department, Fire Department and LA County Department of Public Works). General information regarding the requested street vacation has been forwarded to the various utility companies and agencies. While the requested vacation is .still being reviewed, initial comments have been received. General concerns and questions were raised: ♦ Are and how will utility easements and dedications be maintained? ♦ Will this street be annexed into the Pulte Homes Project? s Will there be an access gate? If the homes are not annexed into the Pulte Homes Project, will there be a separate gate? ♦. How will emergency access be provided for with separate gates? There are several issues that will need to be carefully examined — such as vehicular and pedestrian access through the gates, traffic queuing and circulation, findings that the street as described is unnecessary for present or prospective public use, appropriate incorporation of the homeowner's associate and CC&R's, acceptance of all maintenance and repairs for utilities, street lights, curbs, gutters, sidewalk and pavement by the homeowner's association. The Planning Commission Trust find the street vacation in conformance with the General Plan and resolve that the right-of-way is not useful as a non -motorized transportation facility prior to vacation. Pulte Home Corporation has denied the request of the Highcrest Homeowner's Alliance to be p annexed into their ro'ect and has requested the City to modify the secondary access gate located at the terminus of Highcrest Drive to be strictly an emergency access only. With this in mind, staff raises the following concerns: ♦ What would be the benefit of vacating the street for the purposes of establishing a private street if it shall remain outside the adjacent gatedcommunity? ♦ Will there a gate proposed at Goldrush Drive to serve this portion of Highcrest Drive? If there will be a gate proposed, how does this effect access, particularly emergency access to the homes on Highcrest and the Pulte Project? There are few private gated communities within the City of Diamond Bar The Country Estates (which includes several tracts of homes but are all within one gate), Diamond Crest Estates (which includes 4 tracts of homes all within one gate), and the recently approved Pulte Homes-. On April 11, 2000, the City received a request from m the Highcrest Homeowners Alliance to postpone/continue the public hearing for one month. CONCLUSION Should the proceedings for street vacation continue, several conditions should be required of the Highcrest Homeowner's Alliance to, meet prior to recordation of the street vacation, including any, I 2 Jim DeStefano From: Jim DeStefano Sent: Tuesday, April 11, 2000 4:46 PM To: 'Erickson, Sandy' Subject: RE: Highcrest Drive Vacating Request Sandy: Thankyou for your telephone call this afternoon and this note regarding the requested postponement of the street vacation public hearing. As we discussed, you needed to contact the State Department of Real Estate regarding those items within the Pulte letter to you that may be applicable to the formation of a new Highcrest Association. I indicated that with this postponement request I would remove the item from the Planning Commission meeting agenda this evening, stop the work of the "engineering staff and city consultant, and prepare a report to the City' Council to continue the vacation request for a month. Regards, Jim From: Erickson, Sandy(SMTP:Sandy.Erickson@transamerica.com) Sent: Tuesday, April 11, 2000 4:12 PM To: jim,destefano@ci.diamond-bar.ca:us Subject: Highcrest Drive Vacating Request Importance: High Dear Jim - Per our phone conversation, the Highcrest Homeowners Alliance is requesting a postponement of the processing of the request to vacate our street for one month. We would appreciate verification as soon as possible as to whether or not the City of Diamond Bar will approve Pulte's request to change the access through the proposed Highcrest gate to emergency use only. This will have a significant bearing on the continuation of our request to vacate our street. Thank you for your assistance. Highcrest Homeowners Alliance li. -i Page 1 r `\ d F W o a 0 it cW V a a r.r x W _ Cly I Q 4 Q M 1's i cis v_ i s A ' r , O w ~ � ��rr H4 ♦ h As � J � - y v - I a oil! tZ ♦ s �Fli a 00 V h L 10 1:189q&'600-1- 10-i0L8 - L6-9661 VO `SeI8OUy sod' MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: CONTRACT AMENDMENT FOR SHEPPARD, MULLIN, RICHTER AND HAMPTON; LLP DATE: April 18, 2000 RECOMMENDATION It is recommended that the City Council approve the amendment to the contract for legal services, related to the Lanterman Developmental Center forensic expansion project, between the City of Diamond Bar and Sheppard, Mullin, Richter and Hampton, LLP, in the amount of. $50,000. DISCUSSION: On April 20 1999, the City of Diamond Bar approved a contract with the law firm of Sheppard, Mullin, Richter and Hampton, LLP (SMRH). SMRH has been retained to prepare and proceed with litigation against the State of California, related to the environmental documentation process for the proposed Lanterman Developmental Center forensic expansion project. The contract amount at that time was not to exceed $50,000 for the initial preparation of the litigation. Since that time the contract has, been amended to cover costs associated with the ongoing legal processes. On November 23, 1999 the City Council approved a contract amendment in the amount of $75,000 for a total allocation of $300,000. -It is now necessary to increase the contract amount by $50,000 for a not -to -exceed total amount of $350,000. TB:ct 1. CALL TO ORDER: Chairman Huff called the meeting to order at 8:30 p, m, in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Drive, Diamond Bar, California. ROLL CALL: Agency Members Ansari, Herrera, O'Connor, Vice Chairman Chang and Chairman Huff. Also present were: Terrence L. Belanger, Executive Director; Mike Jenkins, Agency Attorney; James DeStefano, Deputy City Manager, David Lie, Deputy Director of Public Works; Bob Rose, CommunityServices Director, Linda Magnuson, Finance Director; Make Nelson, Communications & Marketing Director, and Lynda Burgess, Agency Secretary. 2. PUBLIC COMMENTS: Nene Offered. 3. CONSENT CALENDAR: AM/O'Connor moved, AM/Ansari seconded, to approve Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Ansan, Herrera, O'Connor, VCIChang, Chair/Huff NOES AGENCY MEMBERS -. None ABSENT: AGENCY MEMBERS i None 3.1 APPROVED MINUTES - Regular Meeting of March 21, 2000 -As submitted. 3.2 APPROVED VOUCHER REGISTER - dated April 4, 20300 in the amount of $16,854.56. 3.3 REVIEWED AND APPROVED TREASURER'S STATEMENT - for February, 2000: 4. PUBLIC HEARINGS: None 5 OLD BUSINESS: None 6. NEW BUSINESS; None 7. AGENCY MEMBER COMMENTS Chair/Huff reiterated that his comments during the March 21 Council meeting regarding the Sheriffs Service Center addressed the fact that the speaker had complained about the dilapidated nature of the 'shopping center and the City in general. He was trying to say that her statements were polar opposites in that, on the one hand, she Complained that the City was riot doing something about the dilapidation and yet when the 'Council attempted to use a tool such as Redevelopment to address those situations, she then becomes ,an adversary of those attempts. This is confusing to the Council. She also mentioned that he said schools would get a lot of money, which is illegal. APRIL 4, 2000 PAGE 2 REDEVELOPMENT AGENCY It is not illegal. Anything that benefits the Project Area is something that can be used by the Redevelopment Agency in expending funds. To the extent that schools are one of the most important reasons why some individuals and businesses locate. to this area, it is something that can, under the proper circumstances, benefit from redevelopment funds. Ms. Bruske said that it actually takes away from schools. In fact, in the latest ,1 994 Redevelopment Law, schools are protected and there are pass-through funds that go to the schools.Both districts signed off on the City's Redevelopment Agency and had no problem with its formulation. Staff initially told him that the City lust 590 jobs as a result of the loss of Avery Dennison and when he checked, he found it to be a loss of between 300 and 4100 jobs. Even though it was not 500, it was a significant number of jobs that went to Brea because they were able to ,ase redevelopment agency funds to affect the infrastructure of the budding to which Avery Dennison located. The speaker also stated that the City is deteriorating. Redevelopment can provide $260 million diverted in property taxes that the citizens are already paying back to the community to benefit the community. He felt that that was a very good idea and hoped that the City is successful. MPT/Ansate said that when she drives to City Hall and she sees Travelers Insurance, Allstate Insurance and other lots with buildings on them, she realizes how redevelopment is serving the community well. It is a shame that the Redevelopment Agency is presently in litigation and unable to move forward. Contrary to what some believe, City streets have improved, medians have improved, entry signs have improved and that, in general, there is an overall improved appearance to the City. She believed that this Council has been very pro- active toward improving the appearance of the City. ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the meeting at 8:35 p.m. ATTEST: Chair LYNDA BURGESS, Agency Secretary I` T� I� PROPOSAL OF AUDIT SERVICES j TO THE CITY OF DIAMOND BAR (Cost Proposal) I� I I r Submitted by: CONRAD AND ASSOCIATES, L.L.P. 1100 Main Street, Suite C Irvine, California 92614 March 15, 2000 CONTACT PERSON - MICHAEL A. HARRISON, PARTNER PHONE NO. (949) 474-2020, EXT. 230 FAX NO. (949) 263-5520 CONRAD AND ASSOCIATES, L.L.P. CALIFORNIA LICENSE NO. PAR 6454 CONRAD AND ASSOCIATES, L.L.P. FEDERAL IDENTIFICATION NO. 33-0843820 CONRADAND CERTIFIED PUBLIC ACCOUNTANTS ASSOCIATES L.L.P. 1100 MAIN STREET SUITE C IRVINE, CALIFORNIA 92614 (949) 474-2020 Fax (949) 263-5520 March 15, 2000 Linda Magnuson, Finance Director City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Dear Ms. Magnuson: Enclosed you will find Section I of our Proposal for Audit. Services which includes "Our Hourly Rates and Maximum Fees to Perform this Engagement. We look forward to serving the City of Diamond Bar. Sincerely; CONRAD AND ASSOCIATES, L.L.P. Michael A. Harrison, C.P.A. Partner MAH:kac Enclosure MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION SECTION I OUR HOURLY RATES AND MAXIMUM FEE TO PERFORM THIS ENGAGEMENT The following isanallocation of the total cost of services including out of pocket expenses for the City of Diamond Bar for the years ended June 30, 2000 through 2002. f For the Fiscal Year Ended June 30 Description of Services 2000 2001 2002 1. Annual audit of the City, CAFR preparation, l management letter and Gann limit procedures 18,000 18,540 19,100 2. Single Audit of Federal Grants 1,500 1,545 1,590 3. Financial and Compliance Audit of Redevelopment Agency 2,000 2,060 2,120 it Not -to -exceed amount $21,500 22,145 22.810 I The above fees reflect all out of pocket expense. We would agree to cost of living increases of 3% for fiscal years 2003 and 2004. Hourly rates in effect for services that would be performed outside the scope of the annual audits which would be agreed to by the City in advance would be as follows: For the Fiscal Year Ended June 30 Classification 2000 2001 2002 Partners $165 165 175 Manager 90 95 100 Senior Auditors 70 75 80 Staff Auditors 60 62 65 The above rates include out of pocket expense for services performed in Southern California. I' SECTION I, (CONTINUED) Our fees contemplate conditions satisfactory for the performance of the audit, including the City providing at the start of the audit, trial balances reflecting year end adjustments, necessary subsidiary schedules supporting asset and liability balances, all necessary reconciliations in agreement with general ledger balances, and customary supporting analyses and schedules normally maintained by the Finance Department. The City will type confirmation requests and pull supporting documentation. If there are changes in the scope of the audit (additional major federal grant programs, substantial additional debt issues, added project areas, added enterprise activity, additional component units, changes in the financial reporting model), we would like to discuss these changes with the Finance Director and the effect of these changes on the professional audit hours and costs of the engagement. Our maximum fee including consulting on the changes required to implement GASB 434 the Financial Reporting Model but do not include the additional cost to implement GASB 434 in fiscal year ending June 30, 2003 and subsequent on-going additional financial information required to be in accordance with GASB #34. I I r-1 PROPOSAL OF AUDIT SERVICES TO THE CITY OF DIAMOND BAR (Technical Proposal) �I Submitted by: CONRAD AND ASSOCIATES, L.L.P. 1100 Main Street, Suite C Irvine, California 92614 March 15, 2000 CONTACT PERSON - MICHAEL A. HARRISON, PARTNER a PHONE NO. (949) 474-2020, EXT. 23P FAX NO. (949) 263-5520 F� CONRAD AND ASSOCIATES, L.L.P. CALIFORNIA LICENSE NO. PAR 6454 CONRAD AND ASSOCIATES, L.L.P. FEDERAL IDENTIFICATION NO. 33-0843820 CONRADAND CERTIFIED PUBLIC A �{ C� CCOUNTANTS ASSOCIATES L.L.P 11 I MAIN STREET, SUITE C f IRVINE, CALIFORNIA 92614 (949) 474-2020 Fax (949) 263-5520 March 15, 2000 Linda Magnuson, Finance Director City of Diamond Bar 21660 E. Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Dear Ms. Magnuson: Conrad and Associates, L.L.P. is pleased to respond to your request for proposal to serve as independent auditors for the City of Diamond Bar and related entities for the years ended June 30, 2000 through June 30, 2002 with options for renewal for the years ended June 30, 2003-2004. We are aware that while the City of Diamond Bar has solicited numerous proposals, Conrad and Associates, L.L.P. would be your best selection for the following reasons which are set forth in greater detail in our proposal and Executive Summary: • Conrad and Associates, L.L.P.'s audit team of Michael A. Harrison, Engagement Partner, Ken Al -Imam, Technical Review Partner, and Fabian Chiu, Field Manager have a, proven track record in serving Southern California cities and redevelopment agencies. • Conrad and Associates, L.L.P. is one of the largest local accounting firms in Southern California that specializes in local government auditing and consulting. Our firm employs 65 individuals, including 61 professionals. During calendar year 1999, our professionals performed in excess of 52,000 hours of auditing and consulting services for our governmental and non-profit clients. • Our firm has an extremely high client retention percentage. We believe the primary reasons for this high satisfaction of our services is responsiveness to client needs, experienced staffing, continuity of staffing, timeliness of our services and reasonableness of our fees. • In the Southern California area, we currently serve as independent auditors for 35 cities. We also serve the Redevelopment Agencies of those cities. • We understand the scope of work to be performed from our previous experience as auditors for the City of Diamond Bar and we can and will deliver the services desired by the City in the timeframes desired by the City. The City staff have first hand experience of our firm's timeliness and cooperation. • Conrad and Associates, L.L.P. is a quality control firm and one of the few C.P.A. firms that has voluntarily participated in the AICPA peer review program since 1979. Our firm has developed quality control standards and procedures which have been subjected to AICPA standards of review. We believe it is important for you to know that Conrad and Associates, L.L.P. has received an unqualified opinion on the quality control of our accounting and auditing practice for each of our peer reviews. MEMBERS OF AICPA AND CALIFORNIA SOCIETY OF CERTIFIED PUBLIC ACCOUNTANTS MEMBER OF AMERICAN INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS PRIVATE COMPANIES PRACTICE SECTION Linda Magnuson, Finance Director City of Diamond Bar March 15, 2000 Page Two • Our business services firm has experienced tax practitioners that serve as an additional resource to our clients in answering questions that arise concerning tax matters affecting local governments. • We believe that our fee estimate and structure will assure the City of Diamond Bar of the most reasonable cost (based upon the experience of our audit team) to perform the annual audit examination for the City and the related component units. • Mr. Michael A. Harrison, Engagement Partner, and Mr. Ken Al -Imam, Technical Review Partner, are authorized to bind our firm in contractual matters with the City of Diamond Bar. Messrs. Harrison and Al -Imam are also authorized to make representations for our firm. • We have the required insurance coverages indicated in your RFP. • Conrad and Associates, L.L.P. is licensed and in good standing with the California State Board of Accountancy to practice as independent certified public accountants. Additionally, Conrad and Associates, L.L.P. is independent with respect to the City of Diamond Bar within the GAO standards and is an Equal Opportunity Employer. We are committed to providing outstanding service to the City and in meeting the requested time deadlines and we will maintain our audit working papers for a period of three years. Our firm thanks the City of Diamond Bar for the opportunity to present our proposal qualifications and for the opportunity to serve as your independent auditors. Our proposal remains a firm and irrevocable offer for 120 days. I look forward to you contacting me so hat I may answer further any questions which you may have. You may contact me at (949) 474-2020, Ext. 230. MAH:kac Enclosure Very truly yours, CONRAD AND ASSOCIATES, L.L.P. Michael A. Harrison, C.P.A. Partner PROPOSAL OF AUDIT SERVICES L�- TO THE - CITY OF DIAMOND BAR - TABLE OF CONTENTS Section Page EXECUTIVE SUMMARY F PROFILE OF THE PROPOSER A About Conrad and Associates, L.L.P. 1 PROPOSER'S QUALIFICATIONS B Qualifications and Related Experience of the Personnel who will Service the City of Diamond Bar 3 C Our Prior Experience Auditing Cities, Redevelopment Agencies, and other Local Governments 4 D Assistance in the Implementation of New Accounting Pronouncements 12 E References of Current Local Government Clients 16 =M F Capabilities in General Consulting and Compliance Auditing 17 APPROACH, SCOPE AND TIMING G Approach, Timing and Work Program of Our Engagement Team 19 H Our Firm's Understanding of the Objectives and Scope of the Engagement 28 AUDIT FEES ' I Our Hourly Rates and Maximum Fee to Perform this Engagement (removed and bound separately) Appendix A Resumes of Audit Engagement Team L., B Results of Most Recent Quality Control Review EXECUTIVE SUMMARY EXECUTIVE SUMMARY r We believe that Conrad and Associates, L.L.P. should be selected to serve as independent auditors for the City of Diamond Bar for the following reasons set forth in greater detail in our proposal: �� • The engagement team who will service you are vastly experienced in serving Southern California Cities. Mr. Harrison, Partner has 25 years serving municipalities. Mr. Al -Imam, Technical Reviewer is the current statewide chairman of the California Society of CPA's Governmental Accounting and Auditing Committee. Mr. Chiu, Field Manager, has significant experience serving Cities and Redevelopment Agencies. Mr. Chiu will be in the field and will serve as Field Manager/Senior Auditor. • Our firm qualifications and references you will find to be outstanding. We currently audit more than 60 municipalities, including 35 Cities and Redevelopment Agencies. • Our professionals are abreast of GASB #34 and are able to assist your staff in technical areas through the years that come in complying with the new Financial Reporting Model. We will -;, keep you abreast through client meetings and periodic seminars on technical topics. b • We have an excellent track record in providing continuity of staffing and plan to again .Fry provide this continuity from year to year for the City of Diamond Bar. • We know how to meet deadlines and are timely in our rendering of professional services. This has been clearly demonstrated through our past experience in serving the City of Diamond Bar. 0. Our approach is one of cooperation and thoroughness through our knowledge.. of City and Redevelopment Agency accounting and auditing issues. • We desire to have the City of Diamond Bar as a client. You would be an important client of our firm. j "I PROFILE OF THE PROPOSER SECTION A ABOUT CONRAD AND ASSOCIATES L.L.P. Conrad and Associates, L.L.P. is located in Irvine, California and has a staff of sixty (65) individuals, including fifty (61) professionals through its Business Services Firm, Conrad Business Service, Inc. Four of the firm's eight partners devote more than 75% of their time in managing governmental audit and general consulting engagements related to governmental y clients. Three of the firm's partners have extensive "Big 5" public accounting experience in addition to extensive localfirm experience. One of our partners is currently the Chairman of the state-wide "Governmental Accounting and Auditing Committee" of ,the California Society of Certified Public Accountants and is also an active member of CCMA (California Committee on Municipal Accounting). One of our tax partners has an advanced degree in taxation as well as being a C.P.A. This tax expertise adds an additional dimension for our local governmental clients in areas of taxation affecting local governments. Since 1971, Conrad and Associates, ' L.L.P. has specialized in governmental and nonprofit accounting and auditing. For the past 28 years, the firm has been performing accounting and audit services to the private and public sector and not-for-profit organizations. A breakdown of our firm's personnel by level of experience is as follows: I Partners g Managers/Supervisors 11 Seniors 17 Professional Staff and Consultants 25 tt Support Staff 4 65 I Conrad and Associates, L.L.P. and all assigned key personnel are licensed to practice in the State of California and have complied with all applicable California Board of Accountancy requirements. The firm's employees have met all of the State's Continuing Education requirements, and the firm is in compliance with CPA requirements of the Private Companies Practice Section of the AICPA. A Quality Control Firm For over 19 years, Conrad and Associates, L.L.P. has been one of the few local CPA firms which has subjected its audit and accounting practice to the scrutiny of the peer review program administered by the Private Companies Practice Section of the American Institute of Certified Public Accountants (AICPA). As a member of the Private Companies Practice Section of the AICPA, our audit procedures and working papers are regularly examined by another CPA firm in the firm -on -firm peer review program. In addition, all aspects of the firm's quality control j practices have been reviewed, including the firm's commitment to extensive training programs. In every member firm, each member of the professional staff must enroll in continuous professional education courses. Each is required to take at least 120 hours of classes over a three-year period. Courses cover a wide spectrum of professional and technical subjects, often prepared by the AICPA, to help the practitioner maintain his professional expertise. The following policies and procedures are evaluated during the peer review. SECTION A, (Continued) 1. How a firm implements independence requirements 2. - How personnel are assigned 3. Provision for consultation when technical assistance is required 4. How field work is supervised 5. Hiring practices 6. Continuing Professional Education programs 7. Promotion of personnel 8. Decisions on obtaining and retaining clients 9. Internal inspection of the firm's work This means that when the City of Diamond Bar selects our firm to perform services for you, you will know that our firm has agreed to comply with the strict membership requirements of the section to which we belong and has agreed to have our compliance with those requirements reviewed by others. Thus, there is greater assurance that our personnel are adequately trained and up-to-date on professional developments relating to governmental as well as commercial auditing. Accordingly, membership in this Division provides additional assurance that our firin will comply with professional accounting and auditing standards. The Governmental Accounting Office (GAO), in their 1994 revisions to the "Yellow Book", Government Auditing Standards'require CPA firms performing governmental audits to participate in quality control "peer"" review. We are proud of the fact that Conrad and Associates, L.L.P. received an unqualified opinion on the quality of its accounting and auditing practice for each of its quality control reviews. Conrad and Associates, L.L.P. has participated in voluntary peer review since 1979. A copy of our membership, together with the results and opinion on our most recent (1998) peer review, together with California Society of Certified Public Accountants Peer Review Program (CSCPA) approval of the results of the review, are included in Appendix B. We would like to indicate that during our most recent quality control review several government audits, including single audits of cities and other governmental entities, were reviewed by the review team who found our work to substantially comply with all professional 'standards. Additionally, our firm! has had numerous federal and state desk reviews and field reviews of our audits done by the State Office of Criminal Justice Planning, the U.S. Departments of Labor, Health and Human Services, Environmental Protection Agency and the California State Controller's office. In all instances the federal or state agencies indicated their satisfaction with our work. Our firm has never had a record of substandard audit work. As a local CPA firm, our office contains approximately 10,000 square feet of space for the 65 individuals in our firm. To accommodate our clients, we have an in-house Data Processing System network and numerous compatible personal computers. We use Microsoft Office 2000 and Windows 98 software for the production of reports and 'other written documents of the highest quality. Our field audit staff teams are equipped with lap -top computers and our audit staff are proficient in several software programs including Microsoft Word, Excel and Word Perfect. Our staff are capable of reading/transferring data in that: media with the City. 2 PROPOSER'S QUALIFICATIONS SECTION B QUALIFICATIONS AND RELATED EXPERIENCE OF THE PERSONNEL b WHO WILL SERVICE THE CITY OF DIAMOND BAR 1, The successful" outcome of any audit requires personnel with the managerial and technical skills to perform the work required. The engagement team who will serve the City of Diamond Bar have served together as a team of professionals on numerous financial audit examinations of local government entities, including complex governmental agencies. We believe that efficient administrative management and supervision of the audits is an extremely critical factor in achieving the desired results for the City Council of the City of Diamond Bar. In that regard, we propose to establish the following procedures. Mr. Michael A. Harrison, Engagement Partner, who has 25 years of local government auditing experience, will be responsible for the coordination of the.audit of the City of Diamond Bar and fulfillment of the requirements of the City Council of the City of Diamond Bar. Mr. Harrison, as the Engagement Partner, will be in the field to plan and coordinate the management of the audit examination of the City of Diamond Bar and to review all audit working papers prepared by the Field Manager. He will work closely with the Finance Director and be responsible to the City y Council of the City of Diamond Bar. He serves as a reviewer for the CSMFO award program for CAFR's and has been a speaker at a number of CSMFO local chapters on matters pertaining to technical issues and new GASB pronouncements. Mr. Ken Al -Imam serves as a partner in the firm's local government auditing practice. He has over 19 years of local governmental auditing experience. Mr. Al -Imam will serve as Technical r" Review Partner. In this capacity, Mr. Al -Imam will act as a technical and consulting partner to :.� Mr. Harrison and the Finance Director. As a second partner reviewer, he will perform quality control reviews of audit reports issued by our firm. Mr. Al -Imam is the current Chairman of both T the state-wide "Governmental Accounting and Auditing Committee" for the California Society of Certified Public Accountantsand the Governmental Accounting and Auditing Committee for the Long Beach -Orange County Chapter of the California Society of CPA's. He is also an active .,: member of CCMA (California Committee on Municipal Accounting). He has made presentations in public hearings before the Governmental Accounting Standards Board (GASB). Mr. Al -Imam is also responsible for the firm -wide training of audit personnel at Conrad and Associates, L.L.P. in the area of local governmental accounting and auditing. Mr. Fabian Chiu, Audit Manager will serve as Engagement Field Manager on the audit of the City of Diamond Bar. He will participate in the planning and assessment of control risk of the engagement. Mr. Chiu will provide direction to the professional staff and will review the audit working papers prepared by the professional staff. Mr. Chiu has extensive field experience in conducting City engagements. Mr. Chiu has served as Engagement Field Manager on numerous City and Redevelopment Agency audits including the City of Diamond Bars v, 3 Conrad and Associates, L.L.P. as a firm, under the direction of partners Mr. Ken Al -Imam and Mr. Michael A. Harrison, are vastly experienced in the audits of local government units (all funds audit examinations of cities including single audits performed under OMB Circular A-133, financial and compliance audits of California Redevelopment Agencies, audit examinations of public housing authorities, joint powers authorities and special districts). Among the local government entities which Conrad and Associates, L.L.P. has served during ;the past fiscal year are the following: All Funds Examinations of California Cities City of ,Santa Ana (Approximate budget $340 million) During 1984-1988 our firm served as auditors for the City at Santa Ana the City Council again selected our firm in 1999 to serve as auditors; for the 1999-2003 audits of the City and Agency. The City is one of the largest Cities in Orange County. The City has in excess of $400 million in bonded indebtedness and receives more than $40 million in Federal grant Funding through its Housing, Authority, CDBG and other grant programs. The City also receives the CSMFO and GFOA awards for excellence in financial reporting. City of Brea (Approximate budget $130 million) During 1992, our firm was selected as auditors among a wide field of competition for this Orange County City. The City has a very active redevelopment agency. During fiscal year 1992, the Brea Financing Authority issued nearly $200,000,000 in tax allocation and lease revenue bonds and defeased four previous issues of the Redevelopment Agency. The Agency has numerous owner participation and developer disposition agreements with significance to the annual audit. The city has a regional shopping mall and receives various sources of grant funding subject to the single audit. The City has received the CSMFO Certificate of Achievement for Excellence in Financial Reporting in 1998 and previous years and has submitted its CAFR for the year ended June 30, 1999 for review by the Government Finance Officers Association and the California Society of Municipal Finance Officers. City of Palm Springs (Approximate budget $85 million) Conrad and Associates, L.L.P. has served as auditors for this Coachella Valley City since 1986. The Palm Springs Redevelopment Agency, which is part of the reporting entity of the City, has ten project areas. The City operates the Palm Springs Regional Airport and receives various federal funding, including FAA grants subject to the single audit under OMB Circular A-133. Other enterprise funds of the City include the Wastewater and Golf Course activities. The City has received the CSMFO Award for Outstanding Financial Reporting and the GFOA Certificate of Achievement for Excellence in Financial Reporting for its 1989-1998 CAFR's, and has submitted its 1999 CAFR under each of those award programs. F yy 4 SECTION C, (Continued) F; City_ of Norwalk (Approximate budget $56 million) Conrad and Associates, L.L.P. has performed the audit of this Los Angeles County city from 1986 through 1998. We have performed a single audit in accordance with OMB Circular A-133 for each of those years. Our s audits include the Norwalk Financing Authority and Norwalk Redevelopment Agency. The City receives rant funding from the U. S. Department of g g Housing Development for or the. Section 8 g p Housing assistance program as well as CDBG and other federal funding. The City also operates a state funded child care program and a Senior Citizens action program. For each of the years 1986 through 1998, the City has received the CSMFO Award for Outstanding Financial Reporting and the GFOA Certificate of Achievement for Excellence in Financial Reporting. The City has submitted its 1999 CAFR under each of the foregoing programs. City of Costa Mesa (Approximate budget of $105 million) Conrad and Associates, L.L.P.. was selected to serve as independent auditors in fiscal 1991. Included in the audit are the operations of the Costa Mesa Financing Authority, the Costa Mesa Redevelopment Agency and the Costa Mesa Sanitary District. The City also operates a municipal golf course and receives various sources of Federal funding subject to single audit under OMB Circular A-.133. The City has received the CSMFO Award for Outstanding Reporting and " the GFOA Certificate of Achievement for Excellence in Financial Reporting for its 1998 CAFR and has submitted its 1999 CAFR under each of the foregoing programs. City of Buena Park (Approximate budget of $59 million) During 1982, our professionals assisted the City in implementing NCGA Statement #3 to incorporate changes in the "Reporting Entity". Additionally, in connection with a fixed asset .appraisal performed by an outside appraisal firm, we successfully completed audit procedures and assisted the City in recording of those assets on their books. With the appraisal and audit work, the City was able to remove previous accountants' report qualifications relating to the incompleteness of fixed asset records. Conrad and Associates, L.L.P. further assisted the City finance department in upgrading its annual financial report which has been submitted under both the CSMFO Award Programs and 4a the Government Financial Officers Association (GFOA) Certificate of Achievement Program. We have served as independent auditors of this City for the. past 17 years. City of San Gabriel (Approximate budget $11 million) Conrad and Associates, L.L.P. conducted the audit examination of this Los Angeles County City for fiscal 1988 through 1999. A single audit in accordance with OMB Circular A-133 was also conducted for each year. The 1990 through 1998 CAFR received the CSMFO Outstanding Award and GFOA's Certificate of Achievement for Excellence in Financial Reporting. The 1999 CAFR has again been submitted for review under the CSMFO and GFOA award programs. City of La Verne (Approximate budget $20 million) Conrad and Associates, L.L.P. conducted the audit examination of this City for fiscal 1988 through 1999. The City and Agency have several owner participation agreements, multiple issues of long-term debt outstanding, and operates both a water and sewer utility. A single audit in accordance with OMB Circular A-133 was also conducted for each year. The City received the CSMFO Award for outstanding financial reporting for each of the past nine fiscal years. 5 City ofGilroy (Approximate budget $35million) Conrad and Associates, L.L.P. has conducted the audit examination of this Santa Clara County City for fiscal 1989 through 1999. During fiscal 1992 we assisted the City in a conversion to full governmental GAAP for all its funds. During 1989 we also conducted a management audit of the City's waste disposal contractor, and single audits in accordance with OMB Circular A-133 for 1989 through 1999. Town of Apple Valley (Approximate budget $12 million) Conrad and Associates, L.L.P. was FT selected to serve as independent auditors' for this relatively new City in San Bernardino County during 1991. The City has a Water District and several special assessment districts. Our staff is also providing technical support and assistance in various areas to the City staff. The City has received the CSMFO Award for outstanding reporting and the GFOA Award for excellence in financial reporting for its CAFR's during 1994-1998. The 1999 CAFR was submitted under both award programs. City of Highland (Approximate budget $6 million) Conrad and Associates, L.L.P. currently serves as the auditors of this San Bernardino County City. We completed the examination of the City for the years ended June 30, 1989 through June 30, 1999. During 1990 we assisted the City in developing accounting policies and establishing fund structure for a newly formed Redevelopment Agency. The City has received the GFOA and CSMFO awards for its CAFR during each of the past nine years. City of Hemet (Approximate budget $20 million) Conrad and Associates, L.L.P. was selected during 1989 to serve as auditors of this Riverside County City. We have completed our audit of the City, Redevelopment Agency and the single audit in accordance with OMB Circular A-133 for the years ended June 30, 1989 through 1998. The, City has several internal service Rind activities and operates refuse and water utility enterprise funds. City of Hawaiian Gardens (Approximato budget $9 million) Conrad and Associates, L.L.P. was selected in late 1990 to serve as auditors of this Los Angeles County City. Our firm completed the 1989 through 1997 audit examinations of the City, Redevelopment Agency and Public Financing Authority. We also conductedsingle audits in accordance with OMB Circular A-133. We have provided technical assistance to the City and Redevelopment Agency in accounting matters, and performed special reviews at the Agency's request of the validity of the Redevelopment Agency's tax increment increase from 1988 to 1989. The Redevelopment Agency has engaged in several debt issues, including those involving the advance. refunding and defeasance of debt. City of Rancho Mirage (Approximate budget $18 million) Conrad and Associates professionals under Mr. Harrison's direction, perfon-ned the examination of this desert City from 1982 through 1988. The City receives significant hotel-motel bed taxes and has numerous special assessment districts subjected to audit. Our firm was again selected in 1992 to perform the audit examinations of the City, Agency, Financing Authority and single audit. The City has received award recognition under the CSMFO and GFOA Award Programs for Excellence in Financial Reporting for its CAFR. City of La Quinta (Approximate budget $30 million) Conrad and Associates, L.L.P. was selected in 1992 to serve as auditors of this Coachella Valley City. Included within the audit are the La Quinta Redevelopment Agency and La Quinta Financing Authority. The City has received recognition under the CSMFO award program for its CAFR. City of Indio (Approximate budget $25 million) Conrad and Associates, L.L.P. was selected in 1993 to serve as independent auditors for this Coachella Valley City. Our firm has also assisted the City in technical issues relating to the Redevelopment Agency, pass-through agreements and the Indio Financing Authority. The City received the CSMFO and GFOA awards for its 1998 CAFR. City of Carlsbad (Approximate budget $80 million) Conrad and Associates, L.L.P. was selected L" in 1993 to serve as auditors for this San Diego County City. The scope of the audit includes the Carlsbad Housing Authority, Carlsbad Redevelopment Agency and the Encina Joint Powers Financing Authority. Conrad and Associates, L.L.P. previously served as auditors from 1981-83 for the City. The City received the CSMFO and GFOA award for its 1997 CAFR and is again submitting its 1999 CAM under both award programs. City of Whittier (Approximate budget $60 million) We were selected in 1994 to perform the audit of this Los Angeles County City, its Redevelopment Agency and Public Financing Authority. The City's enterprise activities include sewer, water and solid waste. We assisted the City in addressing issues relating to its landfill closure .and post -closure cost. The City has received the CSMFO and GFOA Awards for Excellence in Financial Reporting for its CAFR. City of Temple City (Approximate budget $12 million) Conrad and Associates, L.L.P. is under contract through 2003 to perform the audit of the City, Redevelopment Agency, Financing Authority and Single Audit under OMB Circular A-133. We also have provided other technical n assistance in the preparation of State Controllers Reports, Employee Benefit Plan tax returns and other budgetary assistance. The City has received the CSMFO and GFOA Awards for Excellence in Financial Reporting for its CAFR. City of Bell (Approximate budget $12 million) We were selected in 1994 to perform the audit of this Los Angeles County City, the Bell Redevelopment Agency and Surplus Property Authority. We also perform a single audit under OMB Circular A-133. The City has received the CSMFO Award for Excellence in Financial Reporting. City of Pomona (Approximate budget $177 million) We were selected to perform the 1995-98 r- annual audits of this Los Angeles County City. We have performed audits of the City, Agency, Housing Authority, Financing Authority and Single Audit. The City received the GFOA award for its 1995-1997 CAFR's. This City is in an urban setting with extensive grant funding under Housing Assistance, Housing Rehabilitation and Preservation, Home Investment Partnership r Act, CDBG, Shelter Care and Emergency Shelter Grants. City of Diamond Bar (Approximate budget $10 million) We were selected in 1995 to perform the audit of this Los Angeles County city. We have also performed special cable television audits for the City during 1995. The City has received the CSMFO and GFOA Awards for Excellence in Financial Reporting during each of our years as auditors. i SECTION C, (Continued) City of Escondido (Approximate budget $125 million) During 1983 through 1988, Conrad and Associates, L.L.P. performed the audit examination of this northern San Diego County City. The City operates numerous proprietary activities, including Water and Sewer. The City receives various grant funding sources, including Community Development Block Grant Funds. Single audits were performed for fiscal 1985, 1986, 1987 and 1988 under OMB Circular A-128. In ,a 1995 the City again selected our firm to serve as auditors. The City receives both the CSMFO and. GFOA awards for its CAFR. a. City of Orange (Approximate budget $120 million) This active full service City provides T' police, fire, water, refuse, and sanitation services. The City and Redevelopment Agency are involved in a number of complex financial transactions with recorded debt of the City and Agency approximating $100 million. The City receives the GFOA and the CSMFO awards for its CAFR. City of Villa Park (Approximate budget $1 million) We were selected in 1997 to perform the audit of this Orange County City. We also assist the City in preparing reports including the State Controllers and Street Reports. City of San Clemente (Approximate budget $53 million) We were selected in 1996 to perform the audit of the City and Redevelopment Agency. We also perform a single audit of grant programs and a financial audit of a joint powers authority for animal control. The City received award recognition for its 1996-98 CAFR's under the CSMFO and GFOA award programs and again has submitted its 1999 CAFR for award recognition. City of South Gate (Approximate budget $60 million) We were selected in 1997 to perform the audit of this Los Angeles County City. We previously served as auditors from 1983-1987. This City has significant grant activity including Section 8 Housing Programs. We performed audits of the City, Redevelopment Agency and Public Financing Authority. The City submitted its CAFR under the CSMFO and GFOA award programs in 1998. City of LaPuente(Approximate budget $8 million) We were selected during 1997 to serve this Los Angeles County City. We performed audits of the City and Redevelopment Agency. City of Laguna Niguel (Approximate budget $18 million) We were selected in 1996 to serve as w independent auditors of this Orange County City. We performed audits of the City and Community Services Districts for fiscal years ended June 30, 1996 through 1999. City of Indian Wells (Approximate budget $33 million) We were selected in 1997 to serve as independent auditors of this Coachella Valley City. We have audited the Redevelopment Agency and performed agreed upon auditing procedures at the City's Golf Course operator and hotel/motel operators. M City of Mission Viejo (Approximate budget $42 million) - We were selected in 1997 as auditors of this Orange County City. We perform the audit of the City and Redevelopment Agency. The City also submits its CAFR under the CSMFO and GFOA award programs. City of Laguna Beach (Approximate budget $43 million) Conrad and Associates, L.L.P. was selected during 1998 to serve as independent auditors for this beach City. The City operates a municipal transit fund and has dealt with several disasters with FEMA grant reimbursements. } The City received an award for it's 1998 CAFR under the CSMFO Award Program for Outstanding Financing Reporting. 8 SECTION C, (Continued) City of Laguna Hills (Approximate budget $18 million) Conrad and Associates, L.L.P. was selected during 1998 to serve as independent auditors for this Orange County City. The City recently sold Certificates of Participation to finance a Community Center and Sports Park, is an active member and proponent in the El Toro Reuse Planning Authority for a non -aviation reuse plan for the El Toro Marine Base. The City received the GFOA and CSMFO Awards for Excellence in Financial Reporting for its 1998 CAFR and has submitted its 1999 CAFR for award review with both CSMFO and GFOA. Clients Receiving GFOA/CSMFO Award for Financial Reporting Conrad and Associates, L.L.P. has a proven track record in assisting cities in the upgrading of their financial reporting. A number of our clients have received the "Certificate of Achievement for Excellence in Financial Reporting" issued by the Government Finance Officers Association (GFOA) and the "Certificate of Award for Outstanding Financial Reporting" issued by the California Society of Municipal Finance Officers (CSMFO). In addition, both Mr. Harrison and Mr. Al -Imam serve as technical reviewers in the CSMFO award program. The following cities received financial reporting awards during the period of time that we served as their auditors: GFOA Award CSMFO Award Town of Apple Valley X X City of Bell X City of Carlsbad X X City of Buena Park X X City of Norwalk X X City of Palm Springs X X City of San Gabriel X X City of Hemet X City of Highland X X City of La Verne X City of Costa Mesa X X City of Brea X X City of Azusa X City of Rancho Mirage X X City of Diamond Bar X City of La Quinta X City of Escondido X X City of Whittier X X City of Pomona X City of Temple City X X City of San Clemente X X City of Orange X X City of South Gate X City of Indian Wells X X City of Mission Viejo X X City of Laguna Hills X X 9 SECTION C, (Continued) Experience with Redevelopment Agencies Conrad and Associates, L.L.P. currently or has previously performed financial and compliance audits of the following redevelopment agencies: Indio Redevelopment Agency Brea Redevelopment Agency Santa Ana Redevelopment Agency Buena Park Redevelopment Agency Rancho Mirage Redevelopment Agency Stanton Redevelopment Agency Rialto Redevelopment Agency San Marcos Redevelopment Agency Azusa Redevelopment Agency Vista Redevelopment Agency South Gate Redevelopment Agency Downey Redevelopment Agency Temple City Redevelopment Agency San Jacinto Redevelopment Agency Westminster Redevelopment Agency Norwalk Redevelopment Agency Palm Springs Redevelopment Agency Carlsbad Redevelopment Agency Cathedral City Redevelopment Agency Desert Hol Springs Redevelopment Agency Escondido Redevelopment Agency Banning Redevelopment Agency La Verne Redevelopment Agency Gilroy Redevelopment Agency Hemet Redevelopment Agency Highland Redevelopment Agency Costa Mesa Redevelopment Agency Delano Redevelopment Agency La Quinta Redevelopment Agency Whittier Redevelopment Agency Bell Redevelopment Agency Pomona Redevelopment Agency Hesperia Redevelopment Agency Orange Redevelopment Agency San Clemente Redevelopment Agency , La Puente Redevelopment Agency Our experience with redevelopment agencies is extensive and includes the following: • Assistance in the accounting for developer disposition agreements (RDA's) and owner m participation agreements • Computations of obligations under pass-through agreements �-0 Assistance in the use of tax -sharing agreements as an economic incentive 10 SECTION C, (Continued) fi • Consultations regarding the financial benefit to the City resulting from redevelopment activities • Tax increment financing of projects • Consultations regarding low -moderate income housing requirements "� • The establishment, merging, and adding of project areas • The use of rehab loans in redevelopment agencies • Assistance in issuance (and refundings) of Tax Allocation Bonds • The establishment of redevelopment fund structure • Use of City loans and advances �m Experience in Auditing Public Housing Authorities and Programs Name of Housing Authority Type of Audit Dates Pomona Housing Authority A-..133 Single Audit 6/95-6/98 Hawaiian Gardens Housing Authority A-133 Single Audit 6/94-6/98 Norwalk Housing Authority A-133 Single Audit 6/86-6/99 Carlsbad Housing Authority A-133 Single Audit 6/93-6/99 County of. Riverside Housing Authority A-133 Single Audit 6/98 Santa Ana Housing Authority A -102/A-128 Single Audits 6/83-6/88/6/99 South Gate Housing Authority A-133 Single Audit 6/97-6/99 San Bernardino Housing Authority A-133 Single Audit 9195-9/99 i SECTION D ` ASSISTANCE IN THE IMPLEMENTATION OF NEW ACCOUNTING PRONOUNCEMENTS As a part of our service to the Authority, we will assist the Authority in understanding the impact of new accounting pronouncements, such as the following: NEW FINANCIAL REPORTING MODEL In July 1999, the GASB issued as final a new accounting pronouncement entitled GASB Statement No. 34 which sets forth a new financial reporting model for governmental entities. The new model (called the integrated model) will report financial data differently for the government -wide perspective and the fund perspective.. The model will include the following: Government -wide Perspective 4 The new model will add a new summary level of reporting in addition to the fund level of reporting currently in use. This highly aggregated summary level of reporting will be called the government -wide perspective. These summary financial statements will (unless the reporting government has discretely presented component units) have just three columns (governmental activities, business -type activities, and a total column). The data in this perspective will be on the full accrual basis of accounting. Fund Perspective The integrated model will also have a second section called the fund perspective. At the fund perspective, data will be on the modified accrual basis of accounting for the governmental funds, as is the current practice. At the fund perspective, there will be separate columns for the general fund, each major fund and a column for all of the nonmajor fiends. There will be no columns for the general fixed assets account group or the general long-term debt account group (these will be reflected only at the government -wide perspective level). There will also be no required grouping by fund type. Behind these statements will be the individual fund budget - actual schedules. Budgetary comparisons will only be shown for the general fund and each major special revenue fund that has a legally adopted annual budget. These budget -actual schedules will be presented as required supplementary information. These schedules must include columns for both that fund's original adopted budget, as well as the final revised budget for that fund. Summary Financial Data will Use a Different Basis of Accounting Than at the Fund Level At the government -wide level, the full accrual basis of accounting will be used. At the fund perspective level, the modified accrual basis of accounting` will be used for governmental funds. This will make it difficult to track numbers from the fund perspective to the government -wide perspective. The new financial reporting model will require a reconciliation between the total equity at the fund perspective (which is on the modified accrual basis of accounting for the governmental funds) with the total equity at the government wide perspective (which will be on the full accrual basis of accounting). Although total equity will be reconciled, it will be difficult 12 SECTION D, (Continued) to show how specific numbers change from one level of reporting to the other as a result of the two different bases of accounting that are used. Management Discussion and Analysis As a requirement of financial reporting, management must include in the front of the financial statements a section called management discussion and analysis. This will contain information similar to what is being reported currently in the transmittal letter used for comprehensive annual financial reports that are submitted for governmental financial reporting award programs. This information will include condensed financial data, explanations of mayor fluctuations from the prior year, major changes in economic conditions, explanations of significant budget variances for the general fund, major differences between the original and final budget for the general fund, description of major capital assets and long-term debt activities during the year, whether the government's financial position has improved or deteriorated during the year, factors or conditions revents that are expectedsignificant Pfinancial c position the government, and an explanation of the differences between he two bass of accounting reflected r,T in the government wide perspective and the fund perspective. Changes in Reporting Fixed Assets A major change will be required for reporting general fixed assets in that GASB will require infrastructure assets (streets, etc.) to be included. Generally, local governmental clientswill hire an appraisal firm to inventory these assets. The original cost of these assets can be estimated by the appraisal firms by studying local government street maps and estimating the original cost of these assets by using various discounting techniques to estimate construction costs when the assets or improvements were acquired. Impact on the Books of Local Government The modified accrual basis of accounting for governmental funds will still be required for the fund perspective that is required to be presented in the new financial reporting model. Therefore, most of the changes resulting from this new model will have to be dealt with during the preparation of the year end financial statements. We recommend that governments continue to maintain their fund accounting system as they have in the past. Most local governments will need to engage their auditors to make the necessary modifications to the local government's financial data in order to produce the required government wide perspective of reporting, which will be on the full accrual basis of accounting. We expect that considerable time will be expended to change - the combined data from the modified accrual basis of accounting to the full accrual basis of accounting each year; An estimate of the hours required to make these modifications and the related cost will be provided to the client at that time. �. 13 SECTION D, (Continued) Expected Date of Final Statement The effective date for the new pronouncement varies depending on the size of the governmental entity and is as shown below. New infrastructure additions must be capitalized and reported as fixed assets prospectively with the implementation of the new standard. However, compilation of prior year infrastructure records would be not be required until four years after the effective date for the implementation of the new financial reporting model: "T Prior Year Infrastructure Financial Reporting Model Records— Effective For Required For Total Revenues Fiscal Years Ending Fiscal Years Ending Over $100,000,000 June 30, 2002 June 30, 2006 $10,000,000 - $100,000,000 June 30, 2003 June 30, 2007 Under $10,000,000 June 30, 2004 Retroactive reporting not Required &s REVENUE RECOGNITION FOR NONEXCHANGE TRANSACTIONS In January 1999, GASB issued GASB Statement No. 33 entitled Accounting and Financial Reporting for Nonexchange Transactions. This new pronouncement redefines the rules of revenue recognition for nonexchange transactions, which include taxes, state subventions, and other significant local government revenue sources that do not involve the providing of goods or services as consideration for the monies received. This new accounting standard classifies nonexchange transactions into four categories: Derived tax revenues—taxes derived from (or imposed on) exchange transactions that take place between private parties: • Generally these are recognized in the period in which the underlying exchange transaction between the private parties occurs. • An example -would' be the tax on sales transactions that take place between merchants and their customers. Imposed nonexchange transactions—imposition is not based upon exchange transactions between private parties. • Generally these are recognized as revenue when an enforceable legal claim to the asset arises unless the revenue is required to be used a specific period. In that case, revenue is recognized over the period for which the tax is levied. • An example would be property taxes whose imposition is based upon property ownership (which is not an exchange transaction). 14 .: { SECTION D, (Continued) Government -mandated nonexchange transactions—resources received from another government to finance a mandate imposed upon the recipient government by the providing government. 'I fi + Generally not recognized until all eligibility requirements have been met. Voluntary nonexchange transactions—donations and most voluntary grants. • Generally not recognized until all eligibility requirements have been met. i This new accounting standard is effective for fiscal years ending June 30, 2001. We will assist the City in the interpretation of this standard as it applies to the major revenue sources of the City. We will provide practical advice to help the City make the necessary measurements and accounting distinctions. i I it gee I i i 15 I - -=nom==ti=�x.=,,.....q�..�...,.� SECTION E REFERENCES OF LOCAL GOVERNMENT CLIENTS For your convenience, we have listed below references with regard to audit work currently being performed by Conrad and Associates, L.L.P. for sevcral local governments in Southern California. Mr. Al -Imam or Mr. Harrison currently serve as partners on these engagements. Name of City/Contact Person Partner Approximate Hours 1 . City of Brea and related entities Larry D. Hurst, Financial Services Director (949) 990-7675 Harrison 800 2. City of San Gabriel and related entities Tracy Hause, Director of Finance (626) 308-2800 Al -Imam 375 3. City of San Clemente and related entities Paul Gudgierson, Finance Director (949) 361-8341 Harrison 500 4. City of Santa Ana and related entities Rod Coloma, Financial Services Director (760) 324-4511 Harrison 1000 5. City of Mission Viejo and related entities Irwin Bornstein, Director of Finance (949) 470-3059 Harrison 500 6. City of Hemet and related entities Steve Temple, Finance Director (909) 765-2330 Al -Imam 500 7. City of Temple City and related entities Francene Maldonado, Director of Finance (626) 285-2171 Harrison 450 8. City of Bell and related entities Robert Rizzo, City Manager (213) 588-6211 Harrison 500 9. City of Orange and related entities Helen Bell, Finance Director (714) 744-2234 Harrison 800 10. City of Palm Springs and related entities Thomas M. Kanarr, Finance Director/Treasurer (760) 323-8229 Harrison 950 16 SECTION F CAPABILITIES IN GENERAL CONSULTING AND COMPLIANCE AUDITING In addition to our annual auditing services, we have assisted our clients by performing various management advisory and other accounting services, including: • Special hotel -motel bed tax audits • Other gross receipts audits (cable television franchise fees, excavation tax, etc.) • Contractual agreement compliance audits • Review of central purchasing systems • Review of warehouse controls and inventory systems • Investment Portfolio reviews and policy on derivative use • Review of operations in City Treasurers' Office • Reviews of water billing systems • . Reviews of cash controls in parks and recreation departments • Review of investment policies and modifications thereto �. • Special EDP reviews f° • Review of permitting process within city building departments • Analysis of investment yields e.� • Special fraud audits • Assistance in presentations to city councils • Assistance in setting up special accounting systems for redevelopment agencies • Assistance to Bond underwriters in providing"comfort letters" on debt issues of municipalities • Consultations regarding the maximizing of tax increment revenue for redevelopment �_ agencies • Organizational review of finance departments • Tax advice regarding deferred compensation, employee benefits, use of city vehicles, etc. �:. • Review of financial forecasts 17 SECTION F, (Continued) • Assistance in cash reconciliation problems • Determination of the cost of excess sewer capacity for a developer/city contractual arrangement • Assistance in the selection of qualified finance personnel for employment by the City Assistance in computation of Proposition 111 Gann Limitations • Management reviews of finance and City Treasurer's office • Assistance in establishing accounting for development projects and fees to comply with AB 1600 • Special Reviews of the Validity of Changes in Tax Increment Revenue from year to year within Redevelopment Agencies it • Assistance in Section 8 Housing program portability issues • Assistance in the acquisition of private water companies and the accounting issues related thereto SECTION G APPROACH, TIMING AND WORK PROGRAM OF OUR ENGAGEMENT TEAM "y The audit approach of Conrad and Associates, L.L.P. is unique with regard to the following: • Our firm is sensitive .to the priorities and work requirements of our clients. We work around the schedules of our clients when scheduling segments of the audit or requesting documentation in order to minimize disruption in the Finance Department. ,a • Whenever possible, we use accounting support already prepared by the Finance Department in order to avoid duplication or unnecessary requests for audit supporting schedules. • Because of our firm's expertise in local governmental auditing, our staff are trained and familiar with local government accounting. You will spend no time in training our personnel. • When formulating internal control recommendations, we obtain a thorough understanding of the specific circumstances at your City in order to provide a tailored, practical recommendation. L • Throughout the year we are a resource to our clients in providing, accounting advice, researching technical questions, dealing with tax problems, and helping with other problems as they arise. On May 1, 2000, following our appointment as auditors of the City, Mr. Harrison, Engagement Partner and Mr. Fabian Chiu, Engagement Manager/Senior will meet with Linda Magnuson, Finance Director and Terry Belanger, City Manager for the purpose of planning the audit of the City. In addition to establishing an effective and efficient communication link with City personnel, the following will be accomplished: Dates for audit field work of the various audit examinations will be finalized. Arrangements will be made with City personnel for the typing of confirmation requests. - Analytical procedures will be utilized in planning the audit which will focus on: a) Enhancing our understanding of the City of Diamond Bar and the transactions and events that have occurred since your last audit date and; b) Identifying areas that may represent specific risks relevant to the audit (assessment of control risk). - Critical audit areas will be identified and the universe of transactions will be identified for purposes of statistical sampling of transactions and other audit tests in conjunction with determining whether reliance can be placed upon the system of internal accounting controls. 19 SECTION G, (Continued) We will be evaluating the following cycles of the City: • Purchasing/Receiving/Accounts Payable. and Cash Disbursements Cycle; • Payroll Cycle. We will also be reviewing internal control structure within the revenue/cash receipts cycle, property and equipment and treasury management cycles. We will identify areas of potential concern to City management. Based upon our planning procedures we will develop levels of materiality for audit testing and develop and tailor our audit program of the City. Following the engagement planning meetings, Mr. Chiu will coordinate with Ms. Magnuson those items which would be required by our staff in meeting the timing requirements of the various audits. In conjunction with our planning of the engagement, we will perform our interim audit work. We will have evaluated the critical audit areas and assessed control risk (as mentioned above). Our review of internal control structure will be by questionnaire, and procedural write-up of your accounting system. Each of the approaches requires inquiry and observation of City personnel. Comments and recommendations relating to the accounting system will be discussed with appropriate City personnel and where appropriate be included in our management letter which will be issued at the conclusion of the examination. Additional procedures that will be accomplished during our interim audit procedures include the L! following: 1. Reviewing of internal control structure (including controls surrounding the EDP environment) and communication of recommendations to City Management concerning City policies and procedures. 7, 2. Testing of audit areas where reliance can be placed upon internal control structure for audit purposes. 3. Reviewing of minutes of the City Council of the City and related entities. 4. Reviewing of conflict of interest (related party) statements. 5. Following up on unusual items noted from analytical procedures. (We will perform significant comparison and inquiry regarding fluctuations of revenues and expenditures by fund budgets versus actual and actual for the previous year). 6. Reviewing of important contracts, new debt issues, leases and joint power agreements. 20 SECTION G, (Continued) 7. Performing required compliance and internal control testing relating to the federal grant programs of the City. 8. Reviewing the City's calculation of its appropriations limit (Gann limit) in accordance with Article XIII B of the State Constitution. v� 9. Testing for compliance with City budgetary policies and procedures, including testing the integrity of the budgetary data reflected in the City's accounting system. 10. Providing the City with suggestions regarding the close of City books after year end. Our assistance and communication in the closing of the City books is expected to minimize the number of audit adjustments required after the close of City books. As a part of our Single Audit for the years in which the City expends greater than $300,000 in federal funding, we would supplement our approach with the following procedures in performing the single audit. (This would be accomplished as a part of our planning and interim audit work.) 1. Re -review all pertinent federal and AICPA publications including: • The Single Audit Act Amendments of 1996 (Public Law 104-156) signed into law on July 5, 1996 and effective for the fiscal years ending on or after June 30, 1997. This law amends the Single Audit Act of 1984 (Public Law 98-502) previously applicable to local governments • OMB Circular A-133 entitled Audits of States, Local Governments, and Non - Profit Organizations GAO Government Auditing Standards (Yellow Book), 1994 revision • AICPA Audit and Accounting Guide Audits of State and Local Government Units (1994 revision) and Statement of Position 98-3, Audits of States, Local Governments, and Not for -Profit Organizations Receiving Federal Awards 14 • SAS No, 74, Compliance Auditing Considerations in Audits of Governmental Entities and Other Recipients of Federal Financial Assistance -., • Revised Compliance Supplement for Single Audits of State and Local Governments • Catalog of Domestic Assistance Programs • OMB Circular A-87 •. OMB Circular A-102 2. Identify the federal programs administered by the City of Diamond Bar and the -.., amounts expended during the audit period. 21 SECTION G, (Continued) 3. Apply the risk-based auditing approach mandated by the Single Audit Act Amendments of 1996 (Public Law 104-156) and OMB Circular A-133 entitled Audits of States, Local Governments, and Non -Profits Organizations for the determination of major programs to be selected under the single audit process. As prescribed by the directives of the new single audit requirements, this will involve a consideration of the complexity of the program, prior audit findings, changes in personnel, the competency p ty P g p gp � of personnel, the extent to which sub -recipients are used, the extent of overview and I F monitoring by granting agencies, the extent of recent changes in program requirements, the newness of the program, the size of the program, and the inherent risk of the program. 4. Identify the oversight audit agency. 5. Identify and list the major compliance supplements and subrecipients of the City, if any. 6. Review the administrative control systems to ensure compliance. 7. Execute the sampling plan. -.a 8. Perform audit procedures for the selectedtransactions. 9. i Test compliance with other material compliance requirements. i 10. Test matching requirements, if any. I 11. Test indirect costs, if any. 12. Review reports and 'claims for advances and reimbursements to the federal government. 13. Review processing of audit reports for state and local government subrecipients. 14. Prepare the independent auditors' reports required by OMB Circular A-133. 15. Prepare the data collection form required to be filed with the Single Audit Central Clearinghouse. On September 25, 2000 (after the final closing of the books and preparation of final trial balances by City personnel for the year ended June 30), we will commence performing our year- end substantive audit. Our final examination will include tests which we deem necessary, including; 1. Confirmation of cash and investment balances. 2. Testing of bank reconciliations. i 22 3. Testing of allocations of interest income to the various funds. �4 4. Confirmation by third parties of selected sources of City revenue. 5. Examination of support and subsequent receipt of significant receivable balances. 6. Search for unrecorded liabilities: 7. Testing of long term debt balances. 8. Consideration of support and proper valuation of the liabilities for compensated absences and claims and judgments. 9. Testing of support for other significant assets and liabilities of the City. 10. Testingfor the proper establishment of reserves and designations. 11. Review of significant events after year end (through the completion of our audit). 12. Review of attorney letters for significant legal matters affecting the City's financial ., position. 13. Testing of revenues and expenditures through analytical procedures and other substantive procedures as necessary. The aforementioned tests are only a few of the tests performed during the examination and by no means is it meant to be all inclusive. At the completion of the audits each year, Mr. Harrison and Mr. Chiu will meet with the Finance Director to review our audit findings and any adjusting journal entries. Based upon the City records being closed and ready for audit, we plan to comply with the audit timeline for finalization of all audit reports. All City and Agency work will be coordinated with the Finance Director to facilitate staff scheduling and year-end closing. The Auditors will provide the Finance Director with periodic progress reports during the conduct of the field work. These reports will identify problems encountered or foreseen, deficiencies in work being performed by City or Agency staff, disagreements over the application of accounting principles, or other items which could result in delay of the audit work or additional work. We will also make ourselves available to meet with City Council, as necessary. 23 R SECTION G, (Continued) Utilization of Computers on Governmental Audits Each audit team member in our firm is assigned and utilizes a portable personal computer at the job site. The primary software program utilized by our audit staff is "Fast G" - the fund accounting audit system. Fast G, once set up on each local government client will automatically produce fund accounting workpapers and financial reports. Journal entries once posted will automatically update individual, combining and combined level financial statements. Our audit staff have received specific training in this software program to facilitate effectiveness on our local governmental audits. Also utilized are Microsoft Word, Excel, Quatro Pro and Word Perfect. All of our field staff are computer literate in the foregoing programs and we could exchange data with the City staff in these programs. Additionally, each of our audit Seniors are knowledgeable of controls surrounding the EDP environment and assessing the effectiveness of those controls within the audit of the local government. Mw Use of Statistical Sampling' Based upon our preliminary assessment of control risk for the City's internal control structure, we identify those major transaction cycles where reliance upon the internal control structure is deemed to be the most effective audit approach. At a minimum, this is expected to entail tests of controls for the purchases/disbursements/payables cycle and the payroll cycle. For those transaction systems we utilize statistical sampling techniques to support a lower assessment of control risk. In conducting our tests of controls, we use the parameters set forth in the AICPA Audit Sampling Guide for statistical sampling techniques. The Guide establishes the following sample sizes when a 14% allowable risk of over -reliance is used and when the preliminary review of the internal; control structure supports an expectation of no significant weaknesses or errors: Planned Degree on Tolerable Sample _ Reliance of Controls Rate Sizes Substantial 2%- 7% 32-114 Moderate 6%-12% 18- 38 Minimal 1 t %o - 20% 0 11- 20 The actual sample sizes used will depend upon our preliminary assessment of control risk and the extent of our planned substantive tests and analytical procedures. We statistically evaluate the results of our sampling techniques to determine whether or not any modifications need to be made to the nature, timing and extent of our planned substantive tests. Our substantive tests are #' designed to be responsive to the areas of higher control risk revealed by our statistical sampling. We use our firm's IBM Data Processing System to randomly select the transactions to be tested. Our computer has specialized software designed for this purpose which can produce a statistically random sample even when there are breaks in the City's transaction sequence (for example, different sets of check numbers are used). 24 SECTION G, (Continued) Analytical Procedures to Improve Understanding of Client Analytical procedures are used by our firm in general planning to improve the auditor's understanding of the governmental unit's operations and to identify audit areas for increased attention. SAS No. 56 requires the use of analytical procedures in the planning and overall review stages of all audits. SAS No. 56 states that "analytical procedures should be applied to some extent ... for all audits of financial statements made in accordance with generally accepted auditing standards" for the following purpose among others: To assist the auditor in planning the nature, timing and extent of other auditing procedures. Analytical procedures may be used in both general planning and audit program planning. SAS No. 56 describes the two broad uses of analytical procedures in audit planning as follows: • Enhancing the auditor's understanding of the client's business and the transactions and events that have occurred since the last audit date. • Identifying areas that may represent specific risks relevant to the audit. Comparisons of account balances between accounting periods and ratio and trend analysis usually improve the auditor's understanding of the client and its operations and may identify critical audit areas, e.g., comparing general and special revenue fund expenditures by functions and revenue by source for the past two years provides an understanding of the governmental unit's operations and may identify a revenue source that requires increased attention in the currentaudit. SAS No. 56 requires use of analytical procedures in audit planning, but does not specify particular procedures that are always necessary. Our firm believes that in a governmental engagement, the auditor's preliminary analytical procedures should include, as a minimum, a comparison of current account balances in the working trial balance to similar amounts in the prior annual period's financial statements and the current period's budget. However, a thoughtful consideration of expected relationships among account balances and periods by an experienced auditor is far more important than a mechanical comparison. The auditor should think about these relationships and bring to bear other knowledge about the governmental unit and government operations. 1� SECTION G, (Continued) Consideration of Laws and Reaulations Our audit approach recognizes the importance of laws and regulations in planning the audit of a local governmental entity. As a part of the audit, our firm obtains an understanding of those laws and regulations that have a direct and material effect on the determination of financial statement amounts. We then design the audit to provide reasonable assurance of detecting material instances of noncompliance that will have a direct and material effect on the determination of financial statement amounts. Assistance from City Staff Normal cooperation and assistance from City staff is expected by the auditors including typing of confirmation requests, and normal year-end schedule preparation (i.e., lead schedules, bank reconciliations and other support for significant asset and liability balances of the City). We would also expect reasonable assistance from City staff in reproducing permanent files or other documents and refiling requested documentation during the audit examination. Should the City require our technical and accounting assistance, this would be conducted at the hourly rates set forth in our proposal. Capabilities in Bond Financing As independent auditors, we are regularly asked to be a party to bond consultants and underwriters in advising on matters relating to the City's/Redevelopment Agency financial statements. We also have this capacity to assist the City in bond reporting requirements. 26 �b } SECTION G, (Continued) Audit Timetable Description Date Selection of our firm April 15, 2000 Execution of contract and City is provided insurance certificates April 28, 2000 Auditors perform planning, internal control documentation and interim audit work May 1 - 9, 2000 Auditors provide feedback from interim audit work May 9, 2000 Auditors mail confirmation requests July 7, 2000 Auditors commence final audit fieldwork September 25, 2000 r a Auditors complete audit fieldwork October 10, 2000 Auditors provide audit adjustments, if any, to City Finance staff and discuss audit findings at exit conference October 10, 2000 Auditors staff provide City draft RDA, CAFR, Single Audit Report, Management Letter and Agreed -Upon Audit Procedures report on Gann Limit. October 24, 2000' City staff provide changes to Auditors on CAFR, Management . Letter, Single Audit RDA statements and Agreed Upon Audit Procedures report on Gann Limit. October 29, 2000 Auditors provide twenty copies of CAFR November 1, 2000 Auditors provide final reports for RDA, Single Audit, Management Letter and Agreed -Upon Procedures for Gann Limit November 1, 2000 Auditors provide consultation (Throughout the year) �n r, 27 SECTION H OUR FIRM'S UNDERSTANDING OF THE OBJECTIVES AND SCOPE OF THE ENGAGEMENT Our understanding of the objectives and scope of the work to be performed is based upon your request for proposal. Based upon the foregoing we understand the objectives and scope of work to be as follows: r i~j 1. We will perform an audit examination of all fund types and account groups of the City of Diamond Bar for the years ended June 30, 2000 through June 30, 2002. Our examination will be conducted in accordance with generally accepted auditing standards and Government Auditing Standards. The Auditors will draft and word process the CAFR of the City of Diamond Bar and provide twenty copies of the CAFR. 2. We will perform a "Single Audit" of the City of Diamond Bar in accordance with theSingle Audit Act Amendments of 1996 (Public Law 104-156) and OMB Circular A-133 entitled Audits of States, Local Governments, and Non-Profits Organizations. Our single audit will cover all federal grants received by the City of Diamond Bar and its component units either as a primary or secondary recipient. The City will provide to the auditors the Schedule of Federal Financial Assistance encompassing all direct and pass-through federal funds received by the City. We will render our reports on the single audit in accordance with the single audit requirements as described in Section F of this proposal. 3. We will perform a financial and compliance audit of the City of Diamond Bar Redevelopment Agency for the years ended June 30, 2000 through June 30, 2002. Our { r n compliance auditing procedures will meet the State Controllers guidelines for compliance audits of Redevelopment Agencies. The Auditors will prepare and word process the financial statements. 4. We will test the City's appropriation limit and provide a letter of Agreed-Upon Procedures for the years ended June 30, 2000 through June 30, 2002. 5. We will prepare a management letter. This letter will include nonreportable conditions (those constructive comments not required to be included in the single audit report). We will discuss those comments with Finance personnel prior to its finalization. 6. Conrad and Associates, L.L.P. desires to keep its local government clients abreast of new developments affecting local government finance. In July 1999, we held a client training seminar for firm clients that focused on the then just recently released GASB Statement No. 34 (issued earlier that month). We were probably the first firm in Southern California to thoroughly research this important new pronouncement line by line and to immediately provide training to our clients within 30 days of its issuance. We will also advise City staff of new accounting developments during the interim/planning stage of each year's audit. We plan on providing additional client training to our clients in our July 2000 client training conference with respect to GASB No. 34. 28 L - 1 SECTION H, (Continued) 7. Finally, we perceive the scope of our work as being advisors to the City of Diamond Bar. Throughout the year, City personnel will have access to the Engagement Partner, Michael Harrison, Technical Review Partner, Ken Al -Imam, Engagement Manager, and Fabian Chiu, Field Manager, to seek advice in the application of advise regarding debt issuance financial statement preparation and content and other matters relating to the City, including matters of taxation and policy relating to City fringe benefits. With respect to the City of Diamond Bar and its component units, Conrad and Associates, L.L.P. meets the independence requirements of generally accepted accounting standards and the Government Auditing Standards (1994 revision) published by the U.S. General Accounting Office. Our firm has never had a record of substandard audit work. Conrad and Associates, L.L.P. does not intend to use subcontractors for this engagement. We are independent with respect to the City of Diamond Bax. No conflicts of interest exist relative to our firm performing the audit. I, i 29 AUDIT TEAM ORGANIZATION CHART City Council City of Diamond Bar F Terrence Belanger City Manager Linda Magnuson Ken Al -Imam, C.P.A. Director of Finance Technical Review Partner yl Michael A. Harrison, C.P.A. Engagement Partner -7 Fabian Chiu Engagement Manager/Senior Professional Staff f-"` MICHAEL A. HARRISON. C.P.A. r,LUI;H 11UiV B.A. Accounting - California State University, Fullerton PROFESSIONAL EXPERIENCE 9 1/2 years- KPMG Peat Marwick (Senior Manager) 77 20 years - Conrad and Associates, L.L.P. (Partner) Total Auditing Experience - 29 1/2 years Total Supervisory Experience - 27 years RELATED EXPERIENCE The following audits were performed under Mr. Harrison's supervision. Mr. Harrison's experience in the performance of sin le audits under Circular A-128 and A -U3 and in the financial audits of local governmental units entities and other related entities include the v following; Organizational Wide Audits of California Cities (All Funds and Account Groups) City Duties Performed Dates Performed City of Orange Partner 06/96-06/99 City of Brea Partner 06/92-06/99 City of Laguna Niguel Partner 06/96-06/99 City of Westminster Partner 06/81-06/89 City of Carlsbad Partner 06/81-06/83 City of Rancho Mirage Partner 06/82-06/87 City of Indio Partner 06/93-06/99 City of Rialto Partner 06/82-06/90 City of Buena Park Manager/Partner 06/78, 06/82-06/89 t --m, Michael A. Harrison, (Continued) Organizational Wide Audits of California Cities (All Funds and Account Groups) (Continued) City Duties Performed Dates Performed City of San Jacinto Partner 06/91-06/95 f City of Vista Partner 06/83-06/90 City of Delano Partner 06/91-06/94 City of Stanton Partner 06/83-06/87 City of San Clemente Partner 06/96-06/99 City of Hesperia Partner 06/95-06/97 City of San Marcos Partner 06/83-06/87 City of Escondido Partner 06/83-06/88 City of Santa Ana Partner 06/84-06/87/ 06199 City of South Gate Partner 06184-06/88 City of Downey Partner 06/85-06/87 City of Desert Hot Springs Partner 06/85-06/90 City of La Verne Partner 06/88-06/92 City of Azusa Partner 06/87-06/92 City of Palm Springs Partner 06/86-06/99 City of Norwalk Partner 06186-06/99 City of Los Alamitos Partner 06/86-06/88 City of Beaumont Partner 06/86-06/91 City of Banning Partner 06/87-06/91 City of San Gabriel Partner 06/88-06/99 City of Highland Partner 06/89-06/99 e. City of Hemet Partner 06/89-06/93 City of Gilroy Partner 06/89-06/93 V, I Michael A. Harrison, (Continued) Organizational Wide Audits of California Cities (All Funds and Account Grows), (Continued City Duties Performed Dates Performed City of Temple City Partner 06/94-06/99 City of Claremont Partner 06/83-06/88 City of Lomita Partner 06/99 City of Villa Park Partner 06/97-06/99 City of Redlands Partner 06/99 Audits of California Redevelopment Agencies (All Funds) Agency Duties Performed Dates Performed Brea Redevelopment Agency Partner 06/92-06/99 Orange Redevelopment Agency Partner 06196-06199 Indio Redevelopment Agency Partner 06/93-06/99 Santa Ana Redevelopment Agency Partner 06/84-06/87/ 06/99 Rialto Redevelopment Agency Partner 06/82-06/89 Rancho Mirage Redevelopment Agency Partner 06/82-06/88, 06/92 Redlands Redevelopment Agency Partner 06/99 Cathedral City Redevelopment Agency Partner 06/87-06/96 Buena Park Redevelopment Agency Partner 06/82-06/90 Claremont Redevelopment Agency Partner 06/83-06/88 Delano Redevelopment Agency Partner 06191-06193 San Jacinto Redevelopment Agency Partner 06191-06/96 Carlsbad Redevelopment Agency Partner 06/82-06/84 San Clemente Redevelopment Agency Partner 06/96-06198 Audits of California Redevelopment Agencies (All Funds), (Continued) Agency Duties Performed Dates Performed Hesperia Redevelopment Agency Partner 06/95-06/97 Westminster Redevelopment Agency Partner 06/83-06/89 San Marcos Redevelopment Agency Partner 06/83-06/87 South Gate Redevelopment Agency Partner 06/84-06/88 Stanton Redevelopment Agency Partner 06/84-06/87 Downey Redevelopment Agency Partner 06/85-06/87 Desert Hot Springs Redevelopment Agency Partner 06/85-06/90 La Quinta Redevelopment Agency Partner 06/92 Santee Redevelopment Agency Partner 06191-06196 Norwalk Redevelopment Agency Partner 06/86-06/99 Palm Springs Redevelopment Agency Partner 06/86-06199 Banning Redevelopment Agency Partner 06/87-06/91 Azusa Redevelopment Agency Partner 06/87-06/92 Gilroy Redevelopment Agency Partner 06/89-06/90 Hemet Redevelopment Agency Partner 06/89-06/92 Highland Redevelopment Agency Partner 06/90-06/99 Temple City Redevelopment Agency Partner 06104-06/99 Audits of Special Districts and Authorities Duties Dates Entity Type of Entity Performed Performed Los Angeles Park and Open Space District Special District Partner 06/97-06/99 Palm Springs Public Financing Authority Financing Authority Partner 06/90-06/99 Yorba Linda Water District Special District Partner 06/81-06/91 Michael A. Harrison, (Continued) Audits of Special Districts and Authorities, (Continued) Duties Dates Entity Type of Entity Performed Performed Los Alamitos County Water District Special District Partner 06/88-06/93 Orange County Water District Special District Partner 02186-02188 Mesa Consolidated Water District Special District Partner 06/83-06/86 Azusa Agricultural Water Non-Profit Corp. Partner 06/87-061933 Water Facilities Authority Joint Powers Authority Partner 06/85-06/93 Tri-Cities Park Authority Joint Powers Authority Partner 06/92-06/99 Orange County Civic Center Authority Joint Powers Authority Partner 06/82-06/85 Brea Public Financing Authority Joint Powers Authority Partner 06/92-06/99 Transportation System Development Joint Powers Authority Partner 06198-06/99 Authority Palm Springs Public Facilities Corporation Financing Authority Partner 06/85-06/99 Norwalk Civic Improvement Corporation Financing Authority Partner 06186-06/92 Los Angeles County/City of Downey Financing Authority Partner 06/86-06/88 Regional Public Recreation Authority Downey Civic Center Corporation Financing Authority Partner 06185-06/87 Downey Water Facilities Corp. Financing Authority Partner 06/85-06/87 Community Development Commission Financing Authority Partner 06/87-06/88 of the City of Escondido Capistrano Bay Community Services Special District Partner 06/92-06/93 El Barrio Park Authority Joint Powers Authority Partner 06/83-06/88 Banning Public Facilities Corporation Financing Authority Partner 06/87-06/91 Capistrano Beach Sanitary District Special District Partner 06/85-06/94 rq Buena Park Library District Special District Partner 06/88-06/89 1 r-I Southeast Water Coalition Joint Powers Authority Partner 06/93 i Michael A. Harrison, (Continued) Audits of Special Districts and Authorities, (Continued) Duties Dates Entity Type of Entity Performed Performed b Cathedral City Public Financing Authority Financing Authority Partner 06/92-06/96 Cathedral City Community Services District Special District Partner 06/86-06/96 San Gabriel Valley Mosquito Abatement :.> District Special District Partner 06/93-06/96/ 06/99 Audits of Public Housing Authorities Authori Duties Performed Dates Performed San Bernardino Housing Authority Partner 1996-99 Santa Ana Housing Authority Partner 1999 Hawaiian Gardens Housing Authority Partner 1994-99 Pomona Housing Authority Partner 1995-98 Norwalk Housing Authority Partner 1986-99 Carlsbad Housing Authority Partner 1982-84, 1993-96 County of Riverside Housing Authority Partner 1998 Baldwin Park Housing Authority Partner 1983-84 1995 South Gate Housing Authority Partner 1981-83 PROFESSIONAL AFFILIATIONS AND LEADERSHIP QUALITIES Mr. Harrison is a member of the AICPA Government` Finance Officers Association and California Society of CPA's. Mr. Harrison is a member of the Governmental Accounting and Auditing Committee of the Long Beach/Orange County Chapter of the 'California Society of CPA's. Mr. Harrison has .been a speaker at California Society of CPA's workshops and to the California Society of Municipal Finance Officers on technical and non-technical matters. Mr. Harrison has, for the past 17 years, served on the Professional and Technical Standards Committee of the California f�a Michael A. Harrison, (Continued) PROFESSIONAL AFFILIATIONS AND LEADERSHIP QUALITIES (CONTINUED) ., Society of. Municipal Finance Officers. The members evaluate annually the excellence of Comprehensive Annual Financial Reports of California cities. Mr. Harrison, who was with KPMG Peat Marwick for 9 1/2 years prior to joining Conrad and Associates, L.L.P. in 1980 instructed numerous KPMG Peat Marwick courses, including: 1. Regional Staff Audit Training Courses - Staff Accountants - Instructed all modules of this five day regional audit training course 2. Regional Staff Audit Training Courses - Senior Accountants - Instructed all modules of this five day regional audit training course 3. Regional Government Audit Training - Advanced - Instructed this three day course on governmental accounting and auditing for senior accountants and management 4. California Government Audit Training - Basic - Instructed this one day course on Y governmental accounting and auditing in all of KPMG's seven California offices ~T Mr. Harrison has been the coordinator and/or co -coordinator of Conrad and Associates, L.L.P. In - House Governmental Audit Training Seminars for the past 17 years. He has extensive knowledge of local governmental accounting and auditing issues and serves as an instructor semi-annually in the firm's CPE training. Mr. Harrison has been responsible for numerous consent reviews related to bond offerings. Mr. Harrison served as the firms liaison during their past four quality control reviews in which "T Conrad and Associates, L.L.P. received an "unqualified opinion" on the quality control of the accounting and audit practice. The following is a list of selected continuing education courses attended by Mike Harrison during the past three years. Date Sponsor TOp1C 01/19/95 Cal Society of Municipal LAIF Investment Pool Safety Finance Officers 02/24/95 Cal Society of CPA's Reporting Investment Losses Update may, on CCMA White Paper 04/25-26/95 Conrad and Associates, L.L.P. Local Government Audit Training 1995 Session 07/24-26/95 Conrad and Associates, L.L.P. Local Government Audit Training 1995 Session II 08/07/95 Chapman University Chapman Non -Profit Seminar 11/01/95 Cal Society of CPA's Understanding Chapter 9 Municipal T Bankruptcy i Michael A. Harrison, (Continued) PROFESSIONAL AFFILIATIONS AND LEADERSHIP QUALITIES, (CONTINUED) Date Sponso 12/06/95 Cal-Society of CPA's Current Tax Developments for Nonprofits and Tax Exempt Organizations rm 12/19/95 Cal-State University Fullerton Accounting and Auditing Update Accounting Focus Group 01/22/96 Conrad and Associates, L.L.P. Accounting for Nonprofits: Contributions and Financial Statements 02/07/96 Cal Society of CPA's Non-profit Investment Guidelines 02/25-27/96 CSMFO Annual Conference 04/25-26/96 Conrad and Associates, L.L.P. 1996 Local Government Audit Training 07/26-28/96 Conrad and Associates, L.L.P. 1996 Local Government Audit Training Session Il 01/27/97 Cal Society of CPA's GASB Update - PERS Disclosures 01/31/97 Conrad and Associates, L.L.P. The New AICPA Accounting and Audit Guide for Nonprofits 02/23-25/97 CSMFO 1997 Annual Conference 04/21/97 Cal Society of CPA's The GASB Exposure Draft on the New Financial Reporting Model 05/01-02/97 Conrad and Associates, L.L.P. 1997 Local Government Audit Training Session I 07/28-30/97 Conrad and Associates, L.L.P. 1997 Local Government Audit Training Session II 12/18/97 Cal-State University Fullerton Information Technology Update 01/27/98 CSMFO GASB 32 Accounting for Deferred Compensation Assets 02/02/98 AICPA SAS #82 Consideration of Fraud in Financial Statement Audits 02/22-24198 CSMFO Annual Conference 04/23-24/98 Conrad and Associates, L.L.P. Local Government Audit Trainina Session I Michael A. Harrison, (Continued) PROFESSIONAL AFFILIATIONS AND LEADERSHIP QUALITIES (CONTINUED) Date Sponsor Topic 06/05/98 Cal Society of CPA's GASB Financial Reporting Model 06/24-25/98 Non -Profit Resource Center Unrelated Business Income Tax and Critical Issues in Maintaining Tax Exempt; Status 07/27-29/98 Conrad and Associates, L.L.P. Local Government Audit Training Session II 10/22/98 CSMFO Financial Reporting Model from GASB .., 11/24/98 CSMFO GASB Technical Bulletin 98-1 Y2K Disclosure Issues 02/28-03/02/99 California Society of Annual Conference Municipal Finance Officers 04/26-27/99 Conrad and Associates, L.L.P. 1999 Local Government Audit Training Session I 05/16/99 National Association of Housing Developing Audit RFP's for Housing and Redevelopment Officials Authorities 12/9-10/99 Conrad and Associates, L.L.P. 1999-2000 Non -Profit Accounting Audit and Tax Update Seminar ,a 05/18-21/99 GFOA Annual Conference Various Technical Topics 07/26-28/99 Conrad and Associates, L.L.P. 1999 Local Government Audit Training - Session II F,.. 08/2-3/99 CBSI - CBIZ Management of Accounting Seminar 12/9-10/99 Conrad and Associates, L.L.P. 1999-2000 Non -Profit Organization " Audit and Accounting Training KEN AL -IMAM, C.P.A. Technical Review Partner California CPA Certificate No. 32377E, July, 1981 EDUCATION B.A. - California State University, Fullerton (Accounting) U Certified Public Accountant California PROFESSIONAL EXPERIENCE F.. 4 years - Conrad and Associates, L.L.P. (Senior Accountant) 5 years - Conrad and Associates, L.L.P. (Audit Manager) 2 C d dA LL. nP. (Senior Manager) years - ora an ssociates, . 7 years - Conrad and Associates, L.L.P. (Partner) Total Auditing Experience = 18 years Total Supervisory Experience - 16 years RELATED EXPERIENCE The following is a summary of Mr. A1 -Imam's related experience: Audits of California Cities Mr. Al -Imam has been directly responsible for the annual financial audits including single audits conducted under OMB Circular A-133 of the following entities: z� City Duties Performed Dates Performed City of Costa Mesa Partner 06/91-06/99 City of La Quinta Partner 06/92-06/99 City of Laguna Hills Partner 06/98-06/99 City of Santa Ana Manager 06/84-06/86 City of Laguna Beach Partner 06/98-06/99 City of Buena Park Senior/Manager/Partner 06/82-06/99 City of Rialto Senior/Manager 06/82-06/89 City of Rancho Mirage Partner 06/92-06/99 City of Carlsbad Senior/Partner 06/81-06/83, 06/93-06/99 Ken Al -Imam, (Continued) Audits of California Cities, (Continued) city Duties Performed Dates Performed City of Stanton Manager 06/83-06/87 - City of Westminster Senior/Manager 06/81-06/86, 06/88-06/89 City of Azusa Manager/Partner 06/87-06/97 r City of South Gate Manager/Partner 06/84-06/88, 06/97-06/99 City of Vista Manager/Partner 06/85-06/94 City of Banning Manager/Partner 06/87-06/91 City of La Verne Mana�er/Partner 06/88-06/99 City of San Marcos Manager 06/83-06/87 City of Indian Wells Partner 06/97-06/98 City of Escondido Manager 06/83-06/88 u City of Downey Manager 06/85-06/86 City of Norwalk Manager 06/86 City of Hemet Manager/Partner 06/89-06/99 City of San Gabriel Manager 06/88 City of Gilroy Manager/Partner 06/89-06/99 City of Santee Partner 06/91-06/95 City of Whittier Partner 06/94-06/99 City of La Puente Partner 06/97-06/99 _T, Ken Al -Imam, (Continued) California Redevelopment Agency Audit Experience Agency Duties Performed Dates Performed Costa Mesa Redevelopment Agency Partner 06/91-06/99 Carlsbad Redevelopment Agency Partner 06/93-06/99 Santa Ana Redevelopment Agency Manager 06/84-06/86 La Quinta Redevelopment Agency Partner 06/92-06/99 Buena Park Redevelopment Agency Senior/Manager/Partner 06/82-06/99 Rancho Mirage Redevelopment Partner 06/92-06/99 um. Rialto Redevelopment Agency Senior/Manager 06/82-06/89 Westminster Redevelopment Agency Senior/Manager 06/83-06/87, 06/89 San Marcos Redevelopment Agency Manager 06/84-06/87 t_a Stanton Redevelopment Agency Manager 06/84-06/87 Downey Redevelopment Agency Manager i 06/85-06/86 La Verne Redevelopment Agency Manager/Partner 06/88-06/99 r, I Norwalk Redevelopment Agency Manager 06/86 Azusa Redevelopment Agency Manager/Partner 06/87-06/97 ti South Gate Redevelopment Agency Manager 06/83-06/88 06/97-06/99 Vista Redevelopment Agency Manager/Partner 06/86-06/94 Banning Redevelopment Agency Manager/Partner 06/87-06/92/ I 06/92 i Gilroy Redevelopment Agency Manager 06/89-06/90 Y' Hemet Redevelopment Agency Manager/Partner 06/89-06/99 La Puente Redevelopment Agency Partner 06/97-06/99 =a Ken Al -Imam, (Continued) Audits of Special Districts and Authorities Duties Dates Entity Name Type of Entity Performed Performed F _ i Los Angeles Park and Open Space District Special District Q.C. Partner 06/97 San Elijo Joint Powers Authority Joint Powers Authority Partner 06/92-06/99 Big Bear Regional Waste Management Joint Powers Authority Partner 06/94-06/99 Authority Encina Financing Authority Joint Powers Authority Partner 06/93-06/99 Yorba Linda Water District Special District Senior 06/81-06/82 California Joint Powers Insurance Joint Powers Authority Partner 06/97-06/98 Authority Encinitas Fire Protection District Special District Partner 06/92-06/93 _ Orange County Water District Special District Senior 06/83 Azusa Agricultural Water Non -Profit Corporation Manager/ 06/87-06/97 R Partner Azusa Public Financing Authority Financing Authority Partner 06/91-06/97 Water Facilities Authority Joint Powers Authority Manager/ 06/85-06/96 Partner La Quinta Public Financing Authority Financing Authority Partner 06/92-06/98 Orange County Civic Center Authority Joint Powers Authority Senior 06/83 Transportation System Development Joint Powers Authority Manager 12/86 Authority Norwalk Civic Improvement Corporation Financing Authority Manager 06/86 Los Angeles County/City of Downey Financing Authority Manager 06/86 Regional Public Recreation Authority Downey Civic Center Corporation Financing Authority Manager 06/86 Downey Water Facilities Corp. Financing Authority Manager 06/86 Community Development Commission Financing Authority Manager 06/87-06/88 of the City of Escondido PROFESSIONAL AFFILIATIONS AND LEADERSHIP QUALITIES Mr. Al -Imam is a member of the American Institute of Certified Public Accountants and the California Society of Certified Public Accountants. He is also a member of the California Society of Municipal Finance Officers (CSMFO) and the Governmental Accounting and Auditing Committee of the Long Beach/Orange County Chapter of the Cal -Society of CPA's. Mr. AI -Imam serves as partner in charge of the Firm's continuing education training seminars. He has spoken frequently on technical topics to various sections and chapters and at the 1998 Annual Conference of the California Society of Municipal Finance Officers. Mr. Al -Imam has been a technical reviewer under the CSMFO Award Program for excellence in Financial Reporting for the past eleven years. The following is a summary of selected continuing education courses attended by Mr. Al -Imam during the past three years. Date S onsor Topic 01/19/95 CSMFO LAIF Investment Pool Safety �,T Audits of Special Districts and Authorities (Continued) Entity Name Type of Entity Duties Dates Performed Performed Banning Public Facilities Corporation Financing Authority Manager 06/87-06/91 Capistrano Beach Sanitary District Special District Manager/ 06/85-06/95 Partner Audits of Public Housing Authorities Authority Duties Performed Dates Performed Santa Ana Housing Authority C Manager 1984-88 Norwalk Housing Authority Manager 1986-88 Carlsbad Housing Authority Senior/Partner 1982-84, 1993-97 County of Riverside Housing Authority Manager 1983-84 Baldwin Park Housing Authority Manager/Partner 1983-84,1995-98 South Gate Housing Authority Senior/Manager 1981-83,1997 PROFESSIONAL AFFILIATIONS AND LEADERSHIP QUALITIES Mr. Al -Imam is a member of the American Institute of Certified Public Accountants and the California Society of Certified Public Accountants. He is also a member of the California Society of Municipal Finance Officers (CSMFO) and the Governmental Accounting and Auditing Committee of the Long Beach/Orange County Chapter of the Cal -Society of CPA's. Mr. AI -Imam serves as partner in charge of the Firm's continuing education training seminars. He has spoken frequently on technical topics to various sections and chapters and at the 1998 Annual Conference of the California Society of Municipal Finance Officers. Mr. Al -Imam has been a technical reviewer under the CSMFO Award Program for excellence in Financial Reporting for the past eleven years. The following is a summary of selected continuing education courses attended by Mr. Al -Imam during the past three years. Date S onsor Topic 01/19/95 CSMFO LAIF Investment Pool Safety �,T Ken Al -Imam, (Continued) PROFESSIONAL AFFILIATIONS AND LEADERSHIP QUALITIES, (CONTINUED Date Sponsor hpk 02/24/95 Cal Society of CPA's Reporting Investment Losses, Update on CCMA White Paper 04/25-26/95 Conrad and Associates, L.L.P. Local Government Audit Training 1995 Session I 071210/95 CSMFO Municipal Debt Disclosures 07/24-26/95 Conrad and Associates, L.L.P. Local Government Audit Training IM Session 11 01/22/96 Conrad and Associates, L.L.P. Accounting for Nonprofits: Contributions and Financial Statements 02/25-27196 CSMFO 1996 Annual Conference 04/25-26/96 Conrad and Associates, L.L.P. 1996 Local Government Audit Training - Session I 07/26-28/96 Conrad and Associates, L.L.P. 1 1 996 Local Government Audit Training - Session. 11 01/27/97 Cal Society of CPA's GASB Update - PERS. Disclosures 01/31/97 Conrad and Associates, L.L.P. The New AICPA Accounting and Audit Guide for Nonprofits 02/23-25/97 CSMFO 1997 Annual Conference 04/21/97 Cal Society of CPA's The GASB Exposure Draft on the New Financial Reporting Model 05/01-02/97 Conrad and Associates, L.L.P. 1997 Local Government Audit Training Session I 07/28-30/97 Conrad and Associates, L.L.P. 1997 Local Government Audit Training Session II 12/18/97 Cal -State University Fullerton Information Technology Update 01/27/98 CSMFO GASB #32 Accounting for Deferred Compensation Assets 01/26/98 Conrad and Associates, L.L.P. Non -Profit Organizations Update �T Ken Al -Imam, (Continued) PROFESSIONAL AFFILIATIONS AND LEADERSHIP QUALITIES, (CONTINUED) Date Sponsor Topic W ej 02/22-23/98 CSMFO Annual Conference 04/23-24/98 Conrad and Associates, L.L.P. Local Government Audit Training 1998 Session I y 06/05/98 Cal Society CPA's GASB Financial Reporting Model 07/27-29/98 Conrad and Associates, L.L.P. Local Government Audit Training 1998 Session II 10/22/98 CSMFO Financial Reporting Model from GASB 11/24/98 CSMFO GASB Technical Bulletin 98-1 -, Y2K Disclosure Issues 2/28-03/02/99 CSMFO Annual Conference 04/26-27/99 Conrad and Associates, L.L.P. 1999. Local Government Audit Training Session I �:. 07/26-27/99 Conrad and Associates, L.L.P. 1999 Local Government Audit Training Session II 12/9-10/99 Conrad and Associates, L.L.P. Non -Profit Organizations Audit and Accounting Training FABIAN CHIU, C.P.A F °N Engagement Manager California CPA Certificate No. 49178E �m EDUCATION M.B.A. California State University, Long Beach B.S. California State University, Long Beach (Accounting and Business Computer Methods) PROFESSIONAL EXPERIENCE 3 Years Greenberg Accountancy (Staff) 14 Years - Conrad and Associates (Manager) RELATED EXPERIENCE Mr. Chiu has been assigned responsibility for numerous audits/special assignments. This experience has encompassed financial and compliance audits of grants, contracts, and initial pricing proposals; indirect cost audits; performance audits; single audits; and quality control reviews. Each of these audits included a review of the entity's internal controls and financial management system. Audits of California Cities (including Single Audits under OMB Circular A-133) City Type of Audit Dates Performed City of San Gabriel Annual Audit 6/91-6/99 City of Diamond Bar Annual Audit 6/98-6/99 City of Redlands Annual Audit 6/99 City of Costa Mesa Annual Audit 6/91 City of Claremont Annual Audit 6/86-6/88 City; of Beaumont Annual Audit 6/88 City of Cathedral City Annual Audit 6/86 City,of San Marcos Annual Audit 6/85-6/86 City of Rialto Annual Audit 6/85-6/86 City of Buena Park Annual Audit 6/85 F.. �-i Fabian Chiu, (Continued) Audits of California Redevelopment Aaencies Agency Type of Audit San Gabriel Redevelopment Agency Annual Audit Diamond Bar Redevelopment Agency Annual Audit Redlands Redevelopment Agency Annual Audit Claremont Redevelopment Agency Annual Audit South Gate Redevelopment Agency Annual Audit Audits of Joint Powers Authorities and Other Special Districts Entity Type of Entity Santa Margarita/Dana Joint Powers Auth. Point Authority 12/86 Orange County Transportation Special Auth. Authority 6/94-6/97 Orange County Water District Special Dist. Mesa Consolidated Water Special Dist. District 6/87-6/95 Audits of Non -Profit Organizations Organization Lestonnac Free Clinic Irvine Public Schools Foundation Casa Santa Maria Family Forward Orange County Conservation Corps Casa Teresa Orange Housing Development Sutton Irvine Residences Greenville Foundation Ida S. Miles Foundation Claremont Convention & Visitors Bureau Catholic Charities Dates Performed 6/93-6/99 6/98-6/99 6/99 6/87-6/88 6/85 Type of Audit Dates Performed Financial 6/94 Pricing Review 1993-1999 Financial 12/86 Financial 6/86 Type of Audit Dates Performed Annual Audit 12/91-12/99 Annual Audit 6/99 Annual Audit/A-133 6/86-6/99 Annual Audit 6/96-6/98 Annual Audit/A-133 6/94-6/97 Annual Audit 6/86-6/99 Annual Audit 6/94 Annual Audit/A-133 6/87-6/95 Annual Audit 12/91-12/97 Annual Audit 12/91 Annual Audit 6/87-6/88 Annual Audit/A-133 6/87 Fabian Chiu, (Continued) Audits of Non-Profit Organizations, Continued Organization Type of Audit Dates Performed Family Service Association Annual Audit 6/86-6/87 San Clemente Seniors Annual Audit/A-133 6/85-6/87 Buena Park Visitors & Convention Bureau Annual Audit 6/85-6/86 Buena Park Chamber of Commerce Annual Audit 6/85-6/86 Audits of Commercial Entities Company Type of Audit Dates Performed McDaniel Builders, Inca Annual Audit 11/91-11/97 TMP Properties Annual Audit 12/87-12/90 TMP Inland Empire III Annual Audit 12/89-12/90 TMP Inland Empire VI Annual Audit 12/90 TMP Menifee Valley Annual Audit 12/89-12/90 American Aerospace Inc. Annual Audit 6/90 Fidelity Investments, Inc. Annual Audit 6/90 TMP Rialto Annual Audit 12/86-12/87 TMP Fontana Annual Audit 12/87 Noel-Joanna, Inc. Annual Audit 6/85 Professional Involvement Mr. Chiu is a member of the American Institute of Certified Public Accountants and the California Society of Certified Public Accountants and has performed as a reviewer of Cities submitting under the CSMFO Award Program for Excellence in Financing Reporting. II Computer Skills Mr. Chiu is proficient in IBM compatible computers including Lotus 1-2-3, Microsoft Excel and Word, Word Perfect, Accountants Trial Balance and La Certe Tax Software. Fabian Chin, (Continued) Continuing Education Training The following is a summary of continuing professional education courses attended by Mr. Chiu during the past three years: Date Sponsor imk 05/01-05/97 Conrad and Associates, L.L.P. Local Govermnent Audit Training 1997 -Session I 5/14/97 CSCPA Non -Profit Conference 07/28-29/97 Conrad and Associates, L.L.P. Local Government Audit Training 1997 -Session II 07/30/97 Conrad and Associates, L.L.P. Computer Training 07/21/97 Skill Path Seminar Excel for Windows 01/26/98 Conrad and Associates, L.L.P. Non -Profit Audit Training 04/23-24/98 Conrad and Associates, L.L.P. Local Government Audit Training 07/27/29/98 Conrad and Associates, L.L.P. 1998 Local Government Audit Training 04/26-27/99 Conrad and Associates, L.L.P. 1999 Local Government Audit Training -Session I 07/26-28/99 Conrad and Associates, L.L.P. 1999 Local Government Audit Training -Session II APPENDIX B RESULTS OF MOST RECENT QUALITY CONTROL REVIEW cps THE AICPA ALLIANCE FOR CPA FIRMS American Instltute Certified Public Accountant PTIFICATE OF MEMBERSHIP Conrad &Associates, LLP is admitted to �r PCPS/Partnering for CPA Practice Success n, The AICPA Alliance for CPA Firms and is entitled to all rights and privileges of membership. v f Chairman 4,C,�►N S. j �� •, stosseeieTa. PUB p,�c' MERIWETHER, WILSON AND COMPANY, RL -C CERTIFIED PUBLIC ACCOUNTANTS CRAIG A. DITSWORTH, CPA OFFlCESA7 TELEPHONE WILLIAM H. BOOflN, CPA 1200 VALLEY WEST DRIVE, SUITE 400, WEST DES MOINES, IOWA 50266 MICHAEL E. RILEY. CPA 1307 - 2nd STREET, PERRY, IOWA 50220 WEST DES MOINES..__5751223.0002 DENNIS L MUELLER, CPA PERRY.._.... RICHARD C. BJORLO, CPA FAX DENNISRICHARD J..McGINWAGNER, CPA WEST DES MOINES._.....5151223-0430 RICHAAO F- MtGINN, CPA STEPHEN L KOEHN. CPA PERRY..... SUSAN K CHAMRAND, CPA C, MARK LINCOLN, CPA JOHN E. ORTHAUS, CPA SCOTT W. MILLER, CPA MICHAELT. BURTON, CPA To the Partners Conrad & Associates, L.L.P. We have reviewed the system of quality control for the accounting and auditing practice of Conrad & Associates, L.L.P. (the firm) In effect for the year ended December 31, 1997. Our review was conducted in conformity with standards established by the Peer Review Board of the American Institute of Certified Public Accountants (AICPA). We tested compliance with the firm's quality control policies and procedures to the extent we considered appropriate. These tests included a review of selected accounting and auditing engagements. In performing our review, we have given consideration to the quality control standards issued by the AICPA. Those standards indicate that a firm's system of quality control should be appropriately comprehensive and suitably designed In relation to the firm's size, organizational structure, operating policies, and the nature of its practice. They state that variance In Individual performance can affect the -degree of compliance with a firm's quality control system and, therefore, recognize that there may not be adherence to elf policies and procedures in every ease. In our opinion, the system of quality control for the accounting and auditing practice of Conrad & Associates, L.L.P. in effect for the year ended December 31, 1997, met the objectives of quality control standards established by the AICPA and was being complied with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards in the conduct of that practice: Conrad & Associates, L.L.P. is a member of the privatecompanies practice section of the AICPA division for CPA firms (the section) and has agreed to comply with the membership requirements of the section. in connection with our review, we tested the firm's compliance with those requirements to the extent we considered appropriate. In our opinion the firm was in conformity with the membership requirements of the section during the year ended December 31, in all material respects. May 7, 1998 West Des Moines, Iowa EITHER, WILSON AND COMPANY, P.L.C. Certified Public Accountants MEMBERS AMERICAN INSTITUTE OF CERTIFIED PUBLICACCOUNTANTS .z f _ August 28, 1998 Califomia M Society z, Certified Ronald L. Conrad, CPA Conrad & Associates, LLP 3 public 1100 Main St., Suite C ACCOUntanD�rvine, CA 92614-6730 w Peer Dear Mr. Conrad: Review t is m PrOQram y pleasure to notify you that on August 26, 1998 the a California Peer Review Committee accepted the report on the most recent peer review of your firm. The report will now be placed in the public files of the DivisionforCPA Firms. The due date for your next review is June 30, 2001. This is the date by which all review documents should be completed and submitted to the administering entity. ..a As you know, the reviewer's opinion wasunqualifiedThe z Committee asked me to convey -its congratulations to the -firm'. Sincerely, C"' z Linda McCrone Y° Director, Technical Services A - - cc: Dennis J Wagner, CPA Firm Number: 10095453 Review Number: 126105 r i 2255 Shoreline Dd%v Red mod City, CA 94065-140.4 (650) 8024486 Fa- (650) 803-2350