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HomeMy WebLinkAbout2/1/2005Tuesday, February 1, 2005 5:30 p.m. — Closed Session - CC -8 6:00 p.m. — Study Session — CC -8 6:30 p.m. - Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Wen Chang Mayor Pro Tem Debby O'Connor Council Member Carol Herrera Council Member Bob Zirbes City Manager Linda C. Lowry City Attorney Michael Jenkins City Clerk Linda C. Lowry 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) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES PUBLIC INPUT The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of interest, which are within the subject matter jurisdiction of the 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 of the Mayor. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give his or her presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other citizens. Comments which are not conducive to a positive business meeting environment will not be tolerated. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Mayor may from time to time dispense with public comment on items previously considered by the Council. In accordance with State Law (Brown Act), all matters to be acted upon 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 of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBER The Mayor shall order removed from the Council Chamber 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 staff thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Mayor, which shall include an order to be seated or to refrain from addressing the Council; and D• Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed on the City's website at www.ci.diamond-bar.ca.us. Every meeting of the City Council is recorded on cassette and videotapes and duplicates 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 available by giving notice at least three business days in advance of the meeting. Please telephone 909-839-7000 between 7.30 a.m. and 5:30 p.m., Monday through Thursday and 7:30 a.m, to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of Agendas, Rules of the Council, Cassette/Video Tapes of meetings (909) 839-7016 Computer Access to Agendas www.ci.diamond-bar.ca.us General Information (909) 839-7000 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA - Rev. 312010311b THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3. CITY OF DIAMOND BAR CITY COUNCIL AGENDA February 1, 2005 Next Resolution No. 2005-09 Next Ordinance No. 02(2005) CLOSED SESSION: 5:30 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54957 Public Employee Evaluation Title: City Manager STUDY SESSION: 6:00 p.m., Room CC -8 ► Discussion of Ordinance No. 0X(2005) Adopting Development Code Amendment No. 2005-01 Regarding Diamond Bar Municipal Code Section 22.36 relating to the Substitution of Non -Commercial Messages for On -Site Signs. Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Ahmad H. Sakr., PhD. Islamic Education Center ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Introduction of Ken Desforges, Information Systems Director. 1.2 Proclaiming February 4, 2005 as "Go Red for Women" Day. 1.3 Castle Rock Elementary School Tsunami Relief Effort. FEBRUARY 1, 2005 PAGE 2 CITY COUNCIL 1.4 Presentation by ACE - Brea Canyon Road Grade Separation Project NEW BUSINESS RECOGNITION 1.5 Presentation of City Tile to Shelly Meade, owner of Meade/Farmer's Insurance Agency. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please com lete a Speaker's Card and give it to the Gity Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addression the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PUBLIC SAFETY COMMITTEE — February 7, 2005 — 7:00 p.m., D.B./Walnut Sheriff Station, 21695 E. Valley Blvd. 5.2 PLANNING COMMISSION MEETING — February 8, 2005 — 7:00 p.m. AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — February 10, 2005 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.4 CITY COUNCIL CANDIDATE FILING PERIOD - February 14, 2005 — March 11, 2005. 5.5 CITY COUNCIL MEETING - February 15, 2005-6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.6 PRESIDENT'S HOLIDAY — City Offices closed Monday, February 21, 2005 in observance of President's Day. City offices will reopen Tuesday, February 22, 2005 at 7:30 a.m. 5.7 HOUSEHOLD HAZARDOUS WASTE ROUND -UP — Saturday, February 26, 2005 9:00 — 3:00 p.m., 1300 block of Bridgegate Dr. FEBRUARY 1, 2005 PAGE 3 CITY COUNCIL 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session of January 18, 2005 —Approve as submitted. 6.1.2 Regular Meeting of January 18, 2005 — Approve as submitted. 6.2 Planning Commission Minutes - December 14, 2004 - Receive and file. 6.3 Traffic and Transportation Commission Minutes — Regular Meeting of November 9, 2004 - Receive and file. 6.4 Ratification of Check Register — Ratify Check Register containing checks dated January 27, 2005 in a combined amount of $913,782.01. 6.5 Treasurer's Statement - month of December 2004. Recommended Action: Review and Approve. 6.6 Reject Claim for Damages — Filed by Jesus S. Trinidad on January 14, 2005. Recommended Action: Reject. Requested by: City Clerk's Division 6.7 (a) Adopt Resolution No. 2005 -XX Ordering the City Engineer to Prepare and File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District No. 38 and any Assessment thereon for FY 2005-06. Recommended Action: Adopt. (b) Adopt Resolution No. 2005 -XX Ordering the City Engineer to Prepare and File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District No. 39 and any Assessment thereon for FY 2005-06. Recommended Action: Adopt. (c) Adopt Resolution No. 2005 -XX Ordering the City Engineer to Prepare and File a Report Related to Maintenance of Public Improvements in the City of Diamond Bar Assessment District No. 41 and any Assessment thereon for FY 2005-06. Recommended Action: Adopt. FEBRUARY 1, 2005 PAGE 4 CITY COUNCIL Requested by: Public Works Division 6.8 Neighborhood Improvement Program and Home Improvement Program Status Report. Recommended Action: Receive and file. Requested by: Planning Division 6.9 Adopt Resolution No. 2005 -XX Approving FY 2004-05 Municipal Budget Amendment. Recommended Action: Adopt. Requested by: Finance Division 6.10 Ratification of an Award of Contract to Erosion Control Specialist for Emergency Temporary Storm Protection and Appropriations of $43, 500 from the General Fund. Recommended Action: Approve. Requested by: Planning Division 6.11 Award of Construction Contract in the amount of $269,327 Plus 10% Contingency Amount of $26,932.70 for a Total Authorization of $296,259.70 to CS Legacy Construction, Inc. for Construction of Improvements at Starshine Park, Plus Approval of an Allocation of $92,521 of Prop. 40 Funds to Fully Fund the Project. Recommended Action: Award and approve. Requested by: Community Services Division 7. PUBLIC HEARINGS: 7.1 First Reading of Ordinance No. OX(2005) Adopting Development Code Amendment No. 2005-01 Regarding Diamond Bar Municipal Code Section 22.36 relating to the Substitution of Non -Commercial Messages for On -Site Signs. Recommended Action: Approve for first reading by title only, waive full reading. Requested by: Planning Division FEBRUARY 1, 2005 PAGE 5 CITY COUNCIL 8. COUNCIL CONSIDERATION: None COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: STUDY SESSION ITEM 1 SEE AGENDA NO. 7. Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JANUARY 18, 2005 STUDY SESSION: Mayor Chang called the Study Session to order at 5:23 P.M. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Herrera, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; James DeStefano, Assistant City Manager; David Doyle, Assistant City Manager and Acting City Clerk; David Liu, Director of Public Works; Bob Rose, Community Services Director; Ken DesForges, IT Director; Linda Magnuson, Finance Director; Nancy Fong, Planning Manager; Ann Lungu, Associate Planner; Sharon Gomez, Senior Management Analyst; April Blakey, Public Information Manager; and Tommye Cribbins, Executive Asst. ► Business Licensing: ACM/DeStefano reviewed prior Council discussions on the matter of Business Licensing in the City and indicated that staff was recommending that Council allow staff to develop appropriate Ordinances and Resolutions to move the City into a Business Registration program with an initial fee of $30, an annual renewal of $10.00 and continue with the Los Angeles County Business Licensing. At Council's direction staff would take all necessary steps toward formal adoption and implementation by July 1, 2005. MPT/O'Connor asked why staff was recommending a renewal fee. ACM/DeStefano responded that revenue from renewal fees would allow staff to maintain inventory for marketing economic development and assure that the City was receiving the proper sales tax if the business were determined to be a sales tax producing entity. MPT/O'Connor asked if staff believed the home-based businesses would come forward. ACM/DeStefano said there was no certainty that home-based businesses would reveal their business. However, staff would work with the Chamber to market the City's reasons for implementing a process that would include an opportunity for those businesses to be listed and become known as a provider of services to the community. MPT/O'Connor expressed concern about the motivation of the program. C/Zirbes said that the ordinance would contain a first violation fine of not less than $100 for operating in the City without a business registration. In his opinion there were numerous good reasons to register businesses and felt the City should move forward. He was concerned about charging $30 for the initial registration and felt the charge should be lowered to a $10 one-time charge. Personally, he would prefer to have a no- JANUARY 18, 2005 PAGE 2 CC STUDY SESSION cost registration fee but understood there was an initial cost for software and staff time. He also felt it might take a couple of years to get everyone to participate in the program. MPT/O'Connor asked if the goal was to register everyone who did not have a business license or businesses including those that have a business license with the County of Los Angeles. ACM/DeStefano stated that in staff's view all business and all individuals conducting business in the City should be included in the Business Registration list. For example, the Mary Kay person working out of her home, the roofing contractor who comes into the City to roof a house as well as a business operator who was located within the City would be included. He confirmed to MPT/O'Connor that business registration would apply to Waste Management and Valley Vista. M/Chang said that in spite of future problems he felt there would be more benefit to the City and its businesses with implementation of this program. He agreed with C/Zirbes that the program should be easier to implement by establishing a $10 one-time registration fee and believed it would be appropriate to charge a $10 annual renewal fee. MPT/O'Connor asked if each individually licensed cosmetologist doing business inside a beauty salon would have to register under the program. ACM/DeStefano responded that a determination had yet been made for those types of situations. CM/Lowry felt it would be useful for the City to know how many individuals worked within each business because the City has no idea how many people drive to D.B. to work each day and this program would allow the City to capture information useful to economic development. ACM/DeStefano stated that this type of program is very common to other cities. The programs are conducted differently and cities charge significantly more than this Council is contemplating. C/Herrera agreed with the $10 fee. MPT/O'Connor concurred. ACM/DeStefano concluded that Council's direction was to move forward to implement the program based on a $10 startup registration fee and a $10 annual renewal fee and said that staff would report back to the Council in about eight weeks. JANUARY 18, 2005 PAGE 3 CC STUDY SESSION ► Goals and Objectives: CM/Lowry provided Council with a list of its goals and objectives. DBTV Channel 3 does not appear on the Council's list. However, with a number of staff members leaving there is an opportunity to use resources to expand the cable usage if the Council were interested. M/Chang felt the City should better utilize Channel 3 by including public service announcements for all organizations, non-profit organizations, schools, as well as publicizing ordinances and regulations, talking about City beautification projects, etc. For instance, the City could use the technologically advanced studio and students at CalPoly to operate the station through an internship program instead of hiring additional profession staff members and purchase technical equipment to run the programs. In turn the school would have the benefit of Channel 3 to advertise its programs. He encouraged Council Members and staff members to visit the studio. Perhaps the City could similarly cooperate with other schools like Mt. SAC and Claremont College. CM/Lowry said that the City was not looking to create a cable TV empire but wanted to find out Council's interest in order to determine what opportunities were available in hiring new staff members and look for ways to pilot programming rather than hand it over to a volunteer group or non-profit organization. MPT/O'Connor felt that money used for producing a birthday party video could be better utilized toward DBTV and staff person who could produce such items. In addition, there were also public works activities that could be promoted through Channel 3. CM/Lowry suggested that D.B. could create an educational video library to help tell the story to staff members, elected officials and residents about its complicated transportation initiatives so that the videos could be used to pitch initiatives to agencies such as MTA, Orange County Transportation Authority, Caltrans, COG, etc. The story could be told through a video showing on Channel 3, for instance. Staff would like to make a presentation to the Council proposing a SR57/60 video with emphasis on expanding the limits of DBTV toward promoting the City's initiatives and goals. MPT/Herrera believed that staff should present Council with a full proposal including costs for expanding the prepared information for distribution as envisioned. She also felt M/Chang's idea for showcasing other groups was a great idea. D.B.H.S. has a TV production class and they may be available to produce videos. There are many opportunities for expanding the use of the TV channel. CM/Lowry felt that the opportunity extended well beyond using volunteers and that the City should use the channel to the greatest extent possible to communicate with the City's constituents. Council concurred to receive staff's proposal on the matter. JANUARY 18, 2005 PAGE 4 CC STUDY SESSION ► Mid -Year Budget Review FD/Magnuson presented the Mid -Year Budget Amendment. Staff was concerned about the revenues and how the State Budget crisis actually affected the City. During its review of the matter, staff found that collections were not in line with what was anticipated. Prior to the "Triple Flip", the State, a few years ago, reduced motor vehicle in -lieu license fees that resulted in a two-thirds cut to the City ($3 million to $1 million). Subsequently legislation was passed to direct the State to set aside monies to repay the cities in 2006/2007 (almost $1 million). When the "Triple Flip" came into play sales tax was affected. Normally D.B. receives one (1) percent of the sales tax generated within the City. The first flip dictated that 25 percent of the one percent would go to the State to pay off the deficit bond. The second flip was that cities would be reimbursed the 25 percent with an additional property tax allocation on a bi-annual basis. D.B. should receive its first payment in two days. Repayments of the 25 percent of the one percent should be received in January and in May. The third part of the flip was that the State would backfill the education relief augmentation funds (ERAF) with General Funds. The result was a zero net effect from the triple flip. Two-thirds of the VLF that the City lost as a result in the reduction of motor vehicle fees to citizens was supposed to be backfilled by the State through General Fund Revenue and the City will receive two installment payments, one in January and the second in May. There was a slight change in the allocation method that resulted in a reduction to the City. In August 2004 legislation was passed to enact the ERAFIII that takes money from the Cities' property taxes to replenish ERAF funds back to the schools. The bottom line is that the City of D.B. would receive a net difference of $5,950. ACM/Doyle explained that to date the net loss of revenue to the City was closer to $400,000. The City knew that it would take hits in the budget process and adjusted revenues accordingly. He did not want the Council to get a sense that the City lost only $6,000 on the statewide adjustments. FM/Magnuson explained the Mid Year Budget Amendment report line items CM/Lowry said that this amendment was not scheduled for Council Agenda this evening because information regarding the State Budget items was not forthcoming until today and that the matter would be placed on the next agenda. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 615 p.m. Linda C. Lowry, City Clerk JANUARY 18, 2005 PAGE 5 CC STUDY SESSION The foregoing minutes are hereby approved this day of , 2005. WEN CHANG, Mayor Agenda No. 6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JANUARY 18, 2005 CLOSED SESSION: 4:30 p.m., Room CC -8, SCAQMD/Government Center Building, 21825 Copley Drive, Diamond Bar, CA 91765 Public Comments: None • Conference with Real Property Negotiators: Government Code Section 54956.8 (Two Cases) (1) Property Negotiations: Address: Sandstone Canyon Agency AGENCY NEGOTIATOR: City Manager NEGOTIATING PARTY: Walnut Valley Unified School District UNDER NEGOTIATION: Price and terms of Payment (2) Property Negotiations: Address: Portion of Lot 1, Tract No. 31479, Lot 61, Tract No. 42557 AGENCY NEGOTIATOR NEGOTIATING PARTY: UNDER NEGOTIATION City Manager D & L Properties, Inc. Price and terms of Payment Government Code Section 54957 Public Employee Evaluation Title: City Manager STUDY SESSION: Mayor Chang called the City Council Study Session to order at 5:36 p.m. in Room CC -8 of the SCAQMD/Government Center Building, 21825 Copley Drive, Diamond Bar, CA 91765 ► Business Licensing ► Goals and Objectives ► Mid -Year Budget Review M/Chang adjourned the Study Session to the Regular Meeting at 6:15 p.m. JANUARY 18, 2005 PAGE 2 CITY COUNCIL CALL TO ORDER: Mayor Chang called the regular City Council meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: INVOCATION: invocation. ROLL CALL: O'Connor and Mayor Chang. C/Zirbes led the Pledge of Allegiance. Ab Kastl, Diamond Canyon Christian Center gave the Council Members Herrera, Zirbes, Mayor Pro Tem Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; James DeStefano, Assistant City Manager; David Doyle, Assistant City Manager and acting City Clerk; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and April Blakey, Public Information Manager. APPROVAL OF AGENDA: CM/Lowry requested that Item 8.1 be amended to be a request for waiver of rental fees at Heritage Park as permitted in the current User Policy. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Public Works Investment Summary — Power Point Presentation by DPW/Liu and Public Works staff taking the audience from Diamond Bar Ranch days to the current point in history with attention to the Department's vision for completed and future projects intended to preserve the City's infrastructure, and an investment of nearly $40,000,000. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry introduced ACM/DeStefano who gave a brief update on the City's declared State of Emergency due to the storm -related landslides and sloughs that occurred in D.B. between Minnequa and Sunset Crossing, at Summitridge Park, and on City owned property at the intersection of Gold Rush and D.B. Blvd. Residents of the affected area between Minnequa and Sunset Crossing were evacuated as a precautionary measure. No one was injured in the incident. The hillsides are saturated and water continues to find its way down to the low points. Due to public safety concerns residents were advised to seek shelter away from their homes until the properties were deemed safe for limited occupancy. ACM/DeStefano stated that on January 12th CM/Lowry declared a local State of Emergency that followed the State of Emergency declared by Los Angeles County on January 10. On Saturday, January 15th Governor Schwarzenegger declared certain areas within the State of California as disaster areas and the City anticipates the Governor's Declaration to extend to the entire County of Los Angeles along with other counties in the State. Such Declaration opens the possibility of Federal funding and resources for mitigation. Following the City's Declaration, staff met with all five affected property owners in the Sunset Crossing/Minnequa area to discuss current conditions, the reasons that certain properties were red tagged to prohibit JANUARY 18, 2005 PAGE 3 CITY COUNCIL occupancy, availability of housing assistance offered through the Red Cross, describe security measures implemented to assist in property protection and commenced discussions regarding short-term and long-term requirements of property owners to repair their properties. Today the City caused the "staking" of the landslide area through a City geologist in order to monitor the area for further land slippage. As a result of further inspection it was determined that the slide mass continues to move slightly while "airing out" because of good weather and sunshine. Based on current information it is impossible to determine whether the mass will continue to move. However, as a preventative measure, residents were advised not to occupy their homes until further notice. Because there is a need to immediately protect the hillside from further erosion, the City has, at the request of the residents, initiated a plan to cover the landslide area and to help correct current drainage problems. The City will cause construction of a cover for the area and will implement sandbagging and erosion control. The homeowners will be invoiced for mitigation services when appropriate. Staff continues to work with issues to determine whether some of the units are appropriate for occupancy. Appropriate County, State and Federal agencies including OEM and FEMA were notified and will visit the properties within the next few work days in order to provide eyewitness to the events that occurred on January 12 and to assist in the declaration by the President that Los Angeles County is a Disaster Area. An information sheet was provided to 85 adjacent neighbors of the affected area and the City continues to provide information about how residents can prepare for winter storms and remain vigilant and monitor the affected properties until a final solution is reached for reconstruction of the properties. MPT/O'Connor said that several residents had contacted her offering their assistance. She also said she was in the process of contacting a bank and non-profit organizations to set up an account to receive donations for the affected residents to assist them in mitigating their properties. C/Herrera thanked staff for their intervention and reminded residents that although the City is not obligated to pay for the mitigation it is evident that the residents greatly appreciate the City's assistance in implementing immediate emergency measures and recommending competent companies for the repair work. C/Zirbes said he was shocked and devastated to see how much earth had moved. He was very glad no one was injured and thanked staff for their quick action and for taking a leadership role. He suggested that the safety measures referred to by ACM/DeStefano be rolled on Channel 3. M/Chang also appreciated staff's quick response and interaction with the residents to prevent damage to life and lessen the inevitable damage to property. The City will move to seek emergency Federal and State funding to assist the homeowners in their mitigation efforts. ACM/DeStefano reported that tomorrow morning staff would meet with four contractors who would bid on coverage of the area. Bids are due within 36 hours of JANUARY 18, 2005 PAGE 4 CITY COUNCIL tomorrow's presentation and staff anticipated that the property would be covered well in advance of the next rainstorm contemplated for the middle to end of next week. 3. PUBLIC COMMENTS: Joe McManus explained that there was a need to raise money to cover the cost of damage and mitigation because this event was not covered by insurance. Junay Gardner Logan, Chief of Staff for Assemblyman Bob Huff said she would be in the district office in the City of Industry for the next two days. She reported that Mr. Huff was moving his district office from Industry to D.B. as soon as office space becomes available. She said that the district and capitol staff were available to assist the City Council Members and City staff with state related issues. Kandice Moore, and two other members representing the D.B.H.S. Advanced Show Choir, asked people to purchase the choir's cookbooks and support the choir in their fundraising effort so that the choir members could compete on a national level in New York. The cost is $1200 per student. The choir would appreciate financial assistance to attend the event. They indicated that it had been difficult and discouraging for them to get sponsorship because people said they would rather contribute to sports organizations than to the choir. Jack Tanaka, President, D.B. Breakfast Lions Club, invited the public to participate in the Windmill Plaque Dedication at 9:00 a.m. on Saturday, January 22 in the Ralph's Shopping Center at Grand Ave. and D.B. Blvd. The project was a joint effort by the D.B. Breakfast Lions Club and the Historical Society. Chuck Horvath spoke about the process of electing officials and how he felt that Eileen Ansari had been and continued to be unfairly attacked by lies. She continues to be a viable candidate for future local and State office and in his opinion, some political machine does not want people's vote for her to be counted. D.B. elections send an improper signal to the next generation of candidates and voters because of unethical political methods employed by candidates and their constituents. High school students should be taught more ethics. He said that candidates needed to set a good example for the City's youth and residents by allowing election campaigns to run a natural course in a clean and ethical environment. Jack Tanaka said he thought the D.B.H.S. choir was an excellent group and asked for financial support so that the choir could represent the City of D.B. by participating in the national competition in New York. 4. RESPONSE TO PUBLIC COMMENTS: C/Herrera asked the D.B.H.S. choir members for a phone number to call in case individuals wished to purchase the cookbook. She purchased a cookbook for each of her two daughters at the Snowfest and her daughters were thrilled with the gift. JANUARY 18, 2005 PAGE 5 CITY COUNCIL A choir member responded that anyone interested in purchasing a cookbook should call D.B.H.S. at 594-1405 and ask for the Choir Director Dave Willard at extension 33369. The cookbook sells for $20 and half of the purchase price goes toward supporting the choir. C/Zirbes said his kids had been involved in Dave Willard's programs for six years. He has a box of cookbooks and the books contain great recipes and make excellent gifts. The choir program is a great program and the kids that participate are award winning kids and well-respected and renowned throughout southern California. Please support the choir. M/Chang suggested that the students contact staff about whether there was a community fund available to assist the choir. He said he would purchase a cookbook and also donate additional money to support the choir. 5. SCHEULE OF FUTURE EVENTS: 5.1 D.B. COMMUNITY FOUNDATION — January 20, 2005 — 7:00 p.m., Room CC -8 AQMD/Government Center, 21865 Copley Dr. 5.2 PLANNING COMMISSION MEETING — January 25, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 PARKS AND RECREATION COMMISSION MEETING—January 27,2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.4 CITY COUNCIL MEETING — February 1, 2005 —.6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 6. CONSENT CALENDAR: MPT/O'Connor moved, C/Zirbes seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of January 4, 2005 — As Submitted. 6.2 RATIFICATIED CHECK REGISTER — containing checks dated January 13, 2005 for a total amount of $559,424.79. JANUARY 18, 2005 PAGE 6 CITY COUNCIL 6.3 APPROVED FOR SECOND READY BY TITLE ONLY, WAIVED FULL READING AND ADOPTED ORDINANCE NO. 01 (2005) ADOPTING ZONE CHANGE NO. 2002-03 CHANGING THE EXISTING ZONING FROM R-1- 20,000 TO RURAL RESIDENTIAL (RR) FOR PROPERTY OF APPROXIMATELY 7.5 ACRES IDENTIFIED AS APN #8713-0289-030 LOCATED AT THE TERMINUS OF ALAMO HEIGHTS DRIVE (EAST SIDE) AND AMENDING THE ZONING MAP OF THE CITY OF DIAMOND BAR (WITHIN "THE COUNTRY ESTATES.") 6.4 APPROVED CONTRACT AMENDMENT WITH GFB-FRIEDRICH & ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES FOR LANDSCAPING ASSESSMENT DISTRICT NO.'S 38, 39 AND 41 FOR A PERIOD OF THREE (3) YEARS FOR A TOTAL CONTRACT AMOUNT OF $36,070 PLUS A CONTINGENCY AMOUNT OF $5,000. 6.5 (a) ADOPTED RESOLUTION NO. 2005-05: REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2005. (b) ADOPTED RESOLUTION NO. 2005-06: ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2005. 6.6 AUTHORIZED THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MARTIN & CHAPMAN FOR ELECTION SERVICES AND SUPPLIES FOR THE JUNE 7, 2005 ELECTION AT A COST NOT TO EXCEED $40,000 AND APPROPRIATE THE FUNDS FROM GENERAL FUND RESERVES. 6.7 APPROVED CHANGE OF DELEGATE APPOINTMENTS TO THE L.A. COUNTY SANITATION DISTRICT NO. 21 AND ADOPTED RESOLUTION NO. 2005-07: CONFIRMING THE APPOINTMENT OF SPECIAL REPRESENTATIVES TO THE BOARD OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS. 6.8 ADOPTED RESOLUTION NO. 2005-08: RATIFYING EMERGENCY DECLARATION ISSUED BY THE CITY MANAGER ON JANUARY 12, 2005 DECLARING A LOCAL EMERGENCY. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION OF APPROVAL OF WAIVER FOR ROOM RENTAL FEES AT HERITAGE PARK FOR CALIFORNIA STATE ASSEMBLYMAN BOB HUFF FOR A STAFF TRAINING DAY. JANUARY 18, 2005 PAGE 7 CITY COUNCIL CM/Lowry reported that the Heritage Park Facility Use Policy allows the Council, at its discretion, to waive fees. The fee amount for this use would be approximately $900. Staff recommends approval of the waiver. C/Herrera felt the City had benefited from good relationships with its legislators. In years past Assemblyman Gary Miller proposed a bill that allowed D.B. to receive an additional two years of vehicle license fee funds. She felt it was important to continue good working relationships with all legislators and honor these types of requests. MPT/O'Connor moved, C/Herrera seconded to approve waiver for room rental fees at Heritage Park for California State Assemblyman Bob Huff for a staff -training day. M/Chang recommended that staff consider amending the Use Policy to waive all fees for legislators. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera said she intended to propose a revision in the City's Facilities Use Policy. However, to expand on M/Chang's previous comment there could come a time when the San Gabriel Valley Council of Governments or SCAG wanted to meet at the Diamond Bar Center, for instance, and she would like for staff to expand the policy to include legislators and other local governmental organizations with which D.B. participates. She reported with pride that Assemblyman Bob Huff was named Vice Chairman of the Assembly Transportation Committee for the State, a phenomenal accomplishment for an incoming legislator. Senator Bob Margett is on the Senate Transportation Committee and Congressman Gary Miller serves on the National Transportation Committee. D.B. has numerous transportation issues being situated at the intersection of the SR57/60 interchange and when problems occur on the freeway the traffic spills onto the City's streets. Therefore, it benefits D.B. to work on regional transportation issues such as longer port hours that would relieve D.B. congestion during peak hours and result in cleaner air for the City. C/Zirbes congratulated Bob Huff on his appointment as Vice Chairman of the Transportation Committee. He was also pleased that Mr. Huff and his staff were coming to D.B. to witness firsthand the traffic congestion. Last week he and M/Chang presented the State of the City address at the Diamond Bar Center. He said he looked forward to working with everyone to attain the goals set forth for the betterment of D.B. JANUARY 18, 2005 PAGE 8 CITY COUNCIL MPT/O'Connor congratulated D.B.H.S. and Walnut Valley School District on achieving number one nationwide recognition for the advanced placement program. M/Chang offered congratulations to Assemblyman Bob Huff on his appointment. About 10 days ago he and MPT/O'Connor attended a traffic town hall meeting on the north side of D.B. He thanked the residents, staff and the consultant for their participation and input and encouraged residents to participate in their respective future neighborhood traffic town hall meetings. The Council traveled to Sacramento last week to discuss the City's traffic concerns and how the State could help D.B. with those issues. The Council also pointed out that the City needed funds to supplement the loss of its Redevelopment Project Area. He asked residents to watch the State of the City address replay on Channel 3 and forward their comments to the Council about the accomplishments and the proposed goals. He felt residents should read for themselves the Tribune article about D.B.H.S. students being ranked number one in the Nation and he asked staff to recognize and honor the principal, teachers and students at the next Council meeting. 10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the meeting at 8:23 p.m. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of , 2005. WEN CHANG, MAYOR Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION DECEMBER 14, 2004 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management District/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner McManus led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka and Commissioners Ruth Low, Joe McManus and Steve Tye. Also present: James DeStefano, Deputy City Manager; Nancy Fong, Planning Manager, and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of November 23, 2004. C/Tye moved, VC/Tanaka seconded to approve the minutes of the Regular Meeting of November 23, 2004, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS: COMMISSIONERS: None Tye, VC/Tanaka, Low, McManus, Chair Nolan None None 6.1 Discussion regarding December 28, 2004, Planning Commission meeting: DECEMBER 14, 2004 Page 2 PLANNING COMMISSION Consider adjourning the Regular December28, 2004, Planning Commission meeting due to anticipated lack of quorum. Motion by C/McManus, seconded by C/Tye to adjourn the regular December 28, 2004, Planning Commission meeting due to anticipated lack of quorum. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: McManus, Tye, Low, VC/Tanaka, Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7. PUBLIC HEARING(S): 7.1 Development Review No. 2004-27 and Tree Permit No. 2004-07 - In accordance with Code Sections 22.48.020(x)(1) and 22.38, this was a request to construct a four story single-family residence (split level design) with 2 two -car garages, covered patio, deck and balconies totaling to approximately 14,335 square feet. The request also included retaining walls within the front, side and rear yards varying in height with a maximum exposed height of six feet. The Tree Permit was related to the removal, replacement and protection of walnut trees. PROJECT ADDRESS: 23506 Mirage Lane (Lot 31, Tract 23483) Diamond Bar, CA 91765 PROPERTY OWNER: Dong Lee 1526 Rancho Hills Chino Hills, CA 91709 APPLICANT: Victor Choi 17047 Glenfold Hacienda Heights, CA 91745 PM/Fong presented staffs report. Staff recommended Planning Commission approval of Development Review No. 2004-27 and Tree Permit No. 2004-07, Findings of Fact, and conditions of approval as listed within the resolution. Victor Choi, applicant, said he read staffs report and concurred with the recommended conditions. He asked for Commission approval. DECEMBER 14, 2004 Page 3 PLANNING COMMISSION Chair/Nolan opened the public hearing. With no one present who wished to speak on this item, Chair/Nolan closed the public hearing. VC/Tanaka said that when he visited the site this afternoon he spoke with neighbors Mr. and Mrs. Scott living across the street from the proposed project who said they were pleased to have the project move forward. VC/Tanaka moved, C/Low seconded to approve Development Review No. 2004-27 and Tree Permit No. 2004-07 as amended by C/Low, Findings of Fact, and conditions of approval. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Tanaka, Low, McManus, Tye, NOES: COMMISSIONERS: None/Nolan ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2004-37 Minor Variance No. 2004-07 and Tree Permit No. 2004-11 - In accordance with Code Sections 22.48.020(a)(1), 22.52 and 22.38, this was a request to construct a three story single-family residence with a four car garage containing two spaces in tandem; covered patio, deck and balconies totaling to approximately 8,000 square feet. The request also included retaining walls within the front, side and rear yards varying in height with a maximum exposed height of eight feet. The Minor Variance was for a 20 percent reduction in the required 30 -foot front yard setback and 30 percent increase in exposed height for retaining walls within the front yard. The Tree permit was related to the removal, replacement and protection of oak trees. PROJECT ADDRESS: 2108 Rusty Spur (Lot 107, Tract 30091) Diamond Bar, CA 91765 PROPERTY OWNERS/ Yakob Liawatidewi and Sun Moon Suhaimi APPLICANT: 9355 Mesa Verde Drive #E Montclair, CA 91763 DECEMBER 14, 2004 Page 4 PLANNING COMMISSION PM/Fong presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-37 and Minor Conditional Use Permit No. 2004-07, Findings of Fact, and conditions of approval as listed within the resolution. C/McManus responded to comments addressed in a letter from' the neighbors living across the street from this project that there are no guarantees of a view when they build on a lot. VC/Tanaka said he visited the site and asked if the property owners intended to maintain the two existing retaining walls. PM/Fong responded affirmatively. C/Low asked for staff to explain the rationale for approving the variance. PM/Fong explained that due to the topography of the lot the owner would be required to increase the height of the retaining wall were the project to be pushed further back on the lot. Therefore a 20 percent reduction was warranted. Yakob Liawatidewi, property owner, said he did not plan to move any oak trees. Chair/Nolan opened the public hearing. With no one present who wished to speak on this matter, Chair/Nolan closed the public hearing. Chair/Nolan explained why he fest the project would lend itself to the aesthetics of the area. C/McManus moved, VC/Tanaka seconded to approve Development Review No. 2004-37, Minor Variance NO. 2004-07 and Tree Permit No. 11, Findings of Fact, and conditions of approval. Motion approved by the following Roll Call vote.- AYES: ote: AYES: McManus, VC/Tanaka, Low, Tye, Chair Nolan None None COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: DECEMBER 14, 2004 Page 5 PLANNING COMMISSION S. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: C/Low wished her fellow Commissioners the best in their pursuit of the City Council position. C/Tye wished everyone Happy Holidays. 9. STAFF COMMENTS AND INFORMATION ITEMS: 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 7:12 p.m. Respectfully Submitted, James DeStefano Deputy City Nianager Attest: XI Dan Nolan, Chairman CITY OF DIAMOND BAR Agenda No. 6.3 MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION ADJOURNED REGULAR MEETING NOVEMBER 9, 2004 CALL TO ORDER: Chair Pincher called the meeting to order at 7:08 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Morris led the Pledge of Allegiance. ROLL CALL: Present: Chair Pincher, Vice Chairman Torng and Commissioners Morris, Shah and Virginkar. Also Present: David Liu, Director of Public Works; Fred Alamolhoda, Senior Engineer; Kimberly Molina, Assistant Engineer; Sharon Gomez, Senior Management Analyst and Debbie Gonzales, Administrative Assistant. I. APPROVAL OF MINUTES: A. Minutes of regular meeting of October 14, 2004. VC/Torng moved, C/Morris seconded, to approve the October 14, 2004 minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Morris, Shah, VC/Torng, Chair/Pincher NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Virginkar ABSENT: COMMISSIONERS: None II. PUBLIC COMMENTS: None Offered. III. CONSENT CALENDAR: None IV. ITEMS FROM STAFF: A. Traffic Enforcement Update — Received and filed on the following items: 1. Citations: October 2004 2. Collisions: October 2004 3. Future Deployment of the Radar Trailer V. OLD BUSINESS: None VI. NEW BUSINESS: None NOVEMBER 9, 2004 PAGE T&T COMMISSION VII. STATUS OF PREVIOUS ACTION ITEMS: PWD/Liu reported that on October 19 the City Council approved the left -turn signal modification work for the following locations: Diamond Bar Boulevard at Sunset Crossing Road; Diamond Bar Boulevard at the NB SR 57 On -Ramp, and Diamond Bar Boulevard at Cold Spring Lane. The Council also approved as part of this fiscal year's capital improvement program, a new signal on Diamond Bar Boulevard at Maple Hill Road. On November 2, 2004, the City Council approved the Commission's recommendation to install multi -way stop signs on Longview Drive at Stardust Drive. Also on November 2, 2004, staff presented a proposal to the City Council recommending utilization of two driver feedback signs as a pilot project for the City's traffic calming program. SMA/Gomez stated that staff received presentations from 3M and Fortel, companies that manufacture message board signs used in conjunction with stop signs. The LED signs are normally posted below a speed limit sign and flash the speed limit. In addition, radar installed inside the sign indicates the rate of speed of approaching vehicles. The more sophisticated Fortel sign can be programmed to display multiple messages such as the posted speed limit, the vehicles speed, slow down messages, etc. Staff is awaiting feedback from the City's traffic engineers and other cities that have used this technology. SMA/Gomez responded to C/Virginkar that the 3M signs cost about $4,500 to $5,000 per sign and the Fortel signs cost from $5,500 to $6,000 per sign. C/Virginkar felt it would help if staff developed criteria for these installations. VC/Torng indicated to staff that George Allen, City of Garden Grove, spoke about this technology and said that it had reduced speed in their city by about 21 percent. Mr. Allen also stated that the trick was to not utilize the sign on a continuous basis and only at certain times to educate the drivers. Mr. Allen said he felt the signs were most useful in school zones. C/Morris said he hoped that this would not become a public request program until completion of a pilot program. He agreed with C/Virginkar that specific criteria should be developed and felt that a combination of traffic volume and speeds in excess of the 85th percentile would be a good goal. VIII. ITEMS FROM COMMISSIONERS: C/Shah felt the new right -turn signs on Grand Avenue near the Diamond Bar Center were working well. VC/Torng found that there was a lot of duplication of information at this year's Traffic Commission Seminar. However, it provided good reinforcement. He offered NOVEMBER 9, 2004 PAGE 3 T&T COMMISSION his seminar materials to staff and other commissioners. He said he was pleased to learn about the LED speed sign program. Chair/Pincher said she recently visited Etna, California just east of Yreka in northern California and the only road in and out of the town of 600 residents had one of the LED sign installations. She referred the Commission to the Diamond Bar City News she received on November 5, 2004, and complimented the author of the article "Diamond Bar's Got Smarts." She felt that the author did a beautiful job and that the article was easy to read and offered excellent explanations. PWD/Liu responded to Chair/Pincher that while various staff members contributed to the content, PIM/Blakey was responsible for its authorship. As a result of the article staff had received a number of telephone calls from residents. IX. INFORMATIONAL ITEMS: A. Response to C.W. Beck Request. SMA/Gomez gave a brief presentation in response to some of Mr. Beck's concerns and reported that staff would be in a position to offer a full report to the Commission at its next regularly scheduled meeting. With respect to placing signage at each signalized intersection in Diamond Bar indicating the red-light violation fees, she restated that Mr. Beck felt that the posting would be a deterrent. SMA/Gomez said that she was attempting to get information from Mr. Beck about his source of information and that other possible warning measures were being considered. The Sheriff's Department indicated that it was difficult to enforce red light running because it took a minimum of three officers in three different vehicles to run such an enforcement operation and that during peak hours it was difficult to place three officers at one location. Therefore, staff and Council are discussing the possibility of camera enforcement to replace manual enforcement. Secondly, Mr. Beck requested that the City place a "No Right Tum on Red" sign at the intersection of Diamond Bar Boulevard and Grand Avenue. The City's traffic engineers are opposed to such sign installations at this particular intersection because to disallow the turn would be a detriment to traffic movement. Another request was to reduce the speed limit on Grand Avenue and Diamond Bar Boulevard to 35 mph for the entire length of the streets. However, the City's recently approved speed zone study recommended no such changes due to the specific criteria. SMA/Gomez said she would speak with Mr. Beck to advise him about these items. B. Neighborhood Traffic Management Program Meeting with Joel Falter, Katz Okitsu & Associates. NOVEMBER 9, 2004 PAGE -; T&T COMMISSION Chair/Pincher recessed the Hearing Board Room meeting and reconvened the meeting in Conference Room CC -8. The Commissioners commenced the session with a round table discussion. SMA/Morris felt that one of the primary goals of the study was to educate the public about how their behavior affected their neighbors. She stated that most of the school traffic problems stem from bad behavior. C/Morris suggested that at the behest of the schools, parents could be encouraged to sign a contract agreeing to practice good behavior. SE/Alamolhoda agreed that rather than the City it might be more palpable for the schools to initiate the contacts. In response to C/Virginkar, Mr. Faulter explained that once a sub -area within the district was identified, he would look to identify a street or series of streets where there appeared to be problems of speeding, cut -through and other related traffic issues and begin to collect data on those areas of concern to gain understanding of the real issues. Using the data, he would begin to formulate a plan for mitigation. PWD/Liu explained how staff and law enforcement would be involved in the process. The City committed significant resources to this study and the Commission could rest assured that it would be closely monitored for effectiveness. He felt that community participation was essential to the study. C/Morris felt that by keeping cut -through traffic on the freeways and keeping arterial traffic on the arterials it would solve a myriad of neighborhood traffic problems. C/Virginkar agreed that the study should commence in the northern portion of the City due to the geography at Sunset Crossing Road and the cut - through traffic, The next area for study would be the brown area around Leyland Drive continuing toward Goldrush Drive and the Pantera Park area; and, then the pink area with a lot of cut -through traffic from Diamond Bar Boulevard to Pathfinder Road to the SR 57. For the most part the green area was cured. The blue area would be at the lower end of the spectrum due to its flat terrain. C/Virginkar suggested sending a well-designed colored brochure of each area to the residents in order to better attract their attention to the study. PWD/Liu suggested that in order to cut down on the cost of the mailing that a well-designed colored postcard could be used. Chair/Pincher reiterated that the Commissioners concurred with the ranking of the areas outlined by C/Virginkar. NOVEMBER 9, 2004 PAGE -� T&T COMMISSION Mr. Faulter concluded that he was present tonight to receive the Commission's input. He explained that traffic management/traffic calming was a type of social engineering. When dealing with people's emotions and attempts to change their habits the formula of set guidelines sometimes worked and sometimes did not work. X. SCHEDULE OF FUTURE CITY EVENTS — as adgendized. XII. FUTURE AGENDA ITEMS: The Commission concurred to go dark on December 9, 2004 due to lack of quorum. ADJOURNMENT: With no further business to come before the Traffic and Transportation Commission, Chair/Pincher adjourned the meeting at 9:15 p.m. to Thursday, January 13, 2005 at 7:00 p.m. Respectfully, Isl David G. Liu David G. Liu, Secretary Attest: Isl Liana Pincher Chair Liana Pincher Agenda # 5.4 Meeting Date: February 1, 200_5 CITY COUNCIL r , AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager ,t;f16 TITLE: Ratification of Check Register dated January 27, 2005. RECOMMENDATION: Ratify Check Register dated January 27, 2005 in the amount of $913,782.01. FINANCIAL IMPACT: Expenditure of $913,782.01 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached list of accounts payable bills, in the form of a check register dated January 27, 2005 for $913,782.01, is being presented to the City Council for ratification. All payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deem accurate by the Finance Director. .. . Linda G. Magnuson Finance Director ► R ---yA A �' Department dead Attachments: Affidavit and Check Register — 01/27/05 Deputy City Manager CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listing of demands, invoices, and claims in the form of a check register dated January 27, 2005 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Fund # DescriDtion 001 General Fund 112 Prop A - Transit Fund 115 Integrated Waste Management Fd 118 Air Quality Management Fund 125 Community Development Block Grant Fd 126 Citizens Option for Public Safety Fd 138 LLAD #38 Fund 139 LLAD #39 Fund 141 LLAD #41 Fund 250 Capital Improvement Project Fund Total for All Funds Signed: t Linda G. Magnus Finance Director Amount $747,488.37 118,790.66 6,216.09 850.00 2,285.00 255.51 17,683.27 9,760.97 6,984.49 3,467.65 $913,782.01 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 1 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK ADELPHIA 0014010-42130-CC405-42130 MODEM SVCS -COUNCIL 46.95 01/27/2005 63472 0014010-42130-CC505-42130 MODEM SVCS -COUNCIL 46.95 01/27/2005 63472 TOTAL PREPAID CHECK(S) 93.90 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 93.90 MARIE AGUINAGA 001-34780-- 16525 RECREATION REFUND 45.00 01/27/2005 63473 TOTAL PREPAID CHECK(S) 45.00 TOTAL UNPAID CHECX(S} .00 TOTAL DUE VENDOR 45.00 APOLLO TILE 0015340-42210-- 111504 MAINT-HERITAGE C/CTR 400.00 01/27/2005 63474 TOTAL PREPAID CHECK(S) 400.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 400.00 EVA ARCS 001-36610-- 15967 PK REFUND -DBC 400.00 01/27/2005 63475 TOTAL PREPAID CHECK(S) 400.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 400.00 ARROYO GEOTECHNICAL CORP 001-23012-- 031-5061 PROF.SVCS-EN 02-344 160.00 01/27/2005 63476 TOTAL PREPAID CHECK(S) 160.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 160.00 AYRES LANDSCAPE SERVICES INC 001-23012-- EP 04-3191 REFUND -EP 04-3191 200.00 01/20/2005 63384 TOTAL PREPAID CHECKS) 200.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 200.00 BENESYST 0014060-42346-- 105123 FSA FUND-H/R 194.23 01/20/2005 63385 001-21105-- PF 01/05 1/14/05 -PAYROLL DEDUCTION 384.62 01/20/2005 63385 001-21105-- PP 02/05 1/28/05 -PAYROLL DEDUC'T'ION 384.62 01/27/2005 63477 TOTAL PREPAID CHECK(S.) 963.47 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 963.47 BLUE SKY CAFE' 0015510-42325-- DK -1002 MTG SUPPLIES-P/WORKS 49.25 01/20/2005 63386 TOTAL PREPAID CHECK(S) 49.25. TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 49-25 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 2 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK BREA GLASS AND MIRROR INC 0015340-42210-- 1857 MAINT-HERITAGE COMM CTR 290.00 01/20/2005 63387 TOTAL PREPAID CHECK(S) 290.00 TOTAL UNPAID CHECK(S) .DO TOTAL DUE VENDOR 290.00 CALIFORNIA JPIA 001-36800-- REIMS-PROPERTY DAMAGE 4,149.99 01/20/2005 63388 TOTAL PREPAID CHECK(S) 4,149.99 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 4,149.99 HENDRICK CASIDY 001-23012-- EP-04-3175 REFUND-EP 04-3175 500.00 01/20/2005 63389 TOTAL PREPAID CHECK(S) 500.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 500.00 CDW GOVERNMENT INC 0014070-42205-- 16084 QF97359 MAINT-ANTI VIRUS SOFTWARE 2,800.98 01/20/2005 63390 TOTAL PREPAID CHECK(S) 2,800.98 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,800.98 JENNIE CHAE 001-34740-- 16229 RECREATION REFUND 59-00 01/20/2005 63391 TOTAL PREPAID CHECK(S) 59.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 59.00 LIHUA CHANG 001-32230-- DB 41810 REFUND-PARKING CITATION 30.00 01/20/2005 63392 TOTAL PREPAID CHECK(S) 30.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 30.00 CHARLIES SANDWICH SHOPPE 0015510-42325-- 002234 MTG SUPPLIES-T & T COMM 27.33 01/20/2005 63393 TOTAL PREPAID CHECK(S) 27.33 TOTAL UNPAID CHECK(S) .00 TOTAL DUB VENDOR 27.33 JAMES B CLARKE 0014030-42330-- 1/15/05 CCCA CONF-1/10-1/12 105.44 01/20/2005 63394 0014030-44000-- 15895 1/15/05 LEGISLATIVE SVCS-WK 1/15 1,680.00 01/20/2005 63394 TOTAL PREPAID CHECK(S) 1,785.44 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,785.44 COMMERCIAL SECURITY GROUP 0015340-42210-- 301022 SUPPLIES-HERITAGE PK 11.04 01/20/2005 63395 TOTAL PREPAID CHECK(S) 11.04 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 11.04 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 3 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # TNVOICE DESCRIPTION AMOUNT DATE CHECK CONRAD & ASSOCIATES 0014050-44010-- 16016 18476 PROF.SVCS-AUDITING 5,300.00 01/20/2005 63396 TOTAL PREPAID CHECK(5) 5,300.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 5,300.00 D & J MUNICIPAL SERVICES, INC 0015220-45201-- 15534 DB-BLDG 02 BLDG&SFTY SVC-1/3-1/14/05 14,025.65 01/20/2005 63397 TOTAL PREPAID CHECKS) 14,025.65 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 14,025.65 DAPEER ROSEN13LIT & LITVAK LLP 0015230-45213-- 11404 LEGAL SVCS-DEC 04 788.20 01/27/2005 63478 TOTAL PREPAID CHECK(S) 788-20 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 768.20 DATA PRODUCTS & SOLUTIONS INC 0014070-45000-- 16103 12454 TAPE STORAGE SVCS-JAN 05 490.00 01/20/2005 63398 TOTAL PREPAID CHUCK(S) 490.00 TOTAL UNPAID CHECK(S) •00 TOTAL DUE VENDOR 490.00 CHRISTINA DAVID 001-23004-- 16468 PK REFUND-DBC 65.65 01/27/2005 63479 001-23002-- 16468 PK REFUND-DBC 350.90 01/27/2005 63479 TOTAL PREPAID CHECK(S) 415.65 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 415.65 DAVID EVANS AND ASSOCIATES,INC 2505310-R46415-19603-46415 13408 158246 LNDSCP ARCH SVCS-SUMMTRDG 3,080.00 01/27/2005 63480 TOTAL PREPAID CHECK(S) 3,080.00 TOTAL UNPAID CHECK(S) •00 TOTAL DUE VENDOR 3,080-00 DAY & NITE COPY CENTER 0015510-42110-- 16118 251 PRINT SVCS-P/WORKS 909.30 01/20/2005 63399 TOTAL PREPAID CHECK(S) 909.30 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 909.30 DELTA CARE PMI 001-21104-- PP 25-27 JAN 05-DENTAL PREMIUMS 326.52 01/20/2005 63400 TOTAL PREPAID CHECK($) 326.52 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 326.52 CAROL DENNIS 0014030-44000-- A15695 DBCCO10405 PRCF.SVCS-CC MTG 1/4 250.00 01/20/2005 63401 TOTAL PREPAID CHECK(S) 250.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 250.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30;07 CHECK REGISTER PAGE: 4 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DEPARTMENT OF CONSERVATION 001-34350-- OCT - DEC 04 SMIP FEES -OCT -DEC 04 487.67 01/20/2005 63402 TOTAL PREPAID CHECK(S) 487.67 TOTAL UNPAID CESCK(S) .00 TOTAL DUE VENDOR 487.67 DEPARTMENT OF JUSTICE 0014060-42345-- 15846 594961 EMPLOYEES BACKGROUND CHCK 224.00 01/20/2005 63403 0015350-453.00-- 15646 594961 EMPLOYEES BACKGROUND CHCK 352.00 01/20/2005 63403 TOTAL PREPAID CHECK(S) 576,00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 576.00 KEN DESFORGES 0014070-42205-- REIMB-MS SUPPORT SVCS 245.00 01/27/2005 63481 0014070-42340-- REIMB-MICROSOFT TRNG 123.89 01/27/2005 63481 0015333-41200-- REIMB-SUPPLIES DBC 182.61 01/27/2005 63481 TOTAL PREPAID CHECK(S) 551.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 551.50 DIVERSIFIED PARATRANSIT INC 112.5553-45529-- 15815 11/16-11/30 DIAMOND RIDE -11/16-11/30 8,385.52 01/20/2005 63404 1125360-45315-- 15747 11/26-11/30 HOLIDAY RIDE -11/26-11/30 262.14 01/2012005 63404 TOTAL PREPAID CHECK(S) 8,646.66 TOTAL UNPAID CHECKS) •00 TOTAL DUE VENDOR 8,646.66 DONALE & ELLEN MONG 001-23012-- REFUND -EN 04-442 125.00 01/27/2005 63462 TOTAL PREPAID CHECK(S) 125.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 125.00 DRIVER ALLIANT INSURANCE SERVICES 001-23004-- OCT - DEC 04 SPECIAL EVNT INS -OCT -DEC 5,840.26 01/20/2005 63405 TOTAL PREPAID CHECK(S) 3,640.26 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 5,840.26 EDUCATION TO GO 0015350-45300-- 15708 844403 CONTRACT CLASS -FALL 39.00 01/20/2005 63406 TOTAL PREPAID CHECK(S) 39-00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 39.00 EXCEL LANDSCAPE INC 1385538-45500-- 46263 LNDSCP MAINT-PARKS MAY 04 2,360.26 01/20/2005 63407 TOTAL PREPAID CHECK(S) 2,360.26 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,360-26 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 5 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO )( INVOICE DESCRIPTION AMOUNT DATE CHECK EXPRESS TEL 0014090-42125-- 1578255 LONG DIST SVCS 69.04 01/20/2005 63408 TOTAL PREPAID CHECK(S) 69.04 TOTAL UNPAID CHECK($) .00 TOTAL DUE VENDOR 69.04 FEDERAL, EXPRESS 0014090-42120-- 792042961 EXPRESS MAIL-GENERAL 108.03 01/2C/2005 63409 0014090-42120-- 794244811 EXPRESS MAIL-GENERAL 19.67 01/20/2005 63409 TOTAL PREPAID CHECK(S) 127.70 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 127.70 FESTIVAL OP ARTS 0015350-45310-- 16108 2005-49 EXCRSN-PAGEANT 8/25 1,620.00 01/20/2005 63410 TOTAL PREPAID CHECK(S) 1,620.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,620.00 FOOTHILL BUILDING MATERIALS INC 0014440-41200-- 36060 SUPPLIES-EMER PREP 178.18 01/20/2005 63411 0014440-41200-- 0360 SUPPLIES-EMER PREP 113.45 01/20/2005 63411 0014440-41200-- 36056 SUPPLIES-EMER PREP 145.81 01/20/2005 63411 0014440-41200-- 36057 SUPPLIES-EMER PREP 178.18 01/20/2005 63411 0014440-41200-- 36039 SUPPLIES-EMER PREP 145.81 01/20/2005 63411 TOTAL PREPAID CHECK(S) 761.43 TOTAL UNPAID. CHECK(S) .00 TOTAL DUE VENDOR 761.43 FOOTHILL TRANSIT 1125553-45533-- 15724 15433 CITY SU$SIDY-NOV 04 541.00 01/20/2005 63412 1125553-45535-- 15724 15433 FOOTHILL PASSES-NOV C4 1,690-00 01/20/2005 63412 1125553-45533-- 15724 15461 CITY SUBSIDY-DEC 04 2,813.00 01/20/2005 63412 1125553-45535-- 15724 15461 FOOTHILL PASSES-DEC 04 10,670.00 01/20/2005 63412 TOTAL PREPAID CHECK(S) 15,714.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 15,714.00 VICKI FULLER 001-23002-- 16237 PK REFUND-OBC 300.00 01/20/2005 63413 TOTAL PREPAID CHECK(S) 300-OC TOTAL UNPAID CHECK{S) .00 TOTAL DUE VENDOR 300.00 ALEXANDER GARCIA 001-36610-- 16254 PK REFUND-DHC 100.00 01/27/2005 63483 001-23002-- 16254 PK REFUND-DBC 350.00 01/27/2005 63483 TOTAL PREPAID CHECK(S) 450.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 450.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 6 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK GOVPARTNER 1185098-44030-- 15831 883 MONTHLY HOSTING SVCS -JAN 850.00 01/20/2005 63414 TOTAL PREPAID CHECK(S) 850.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 850.00 GRAND MOBIL 0015554-42200-- 16116 27094 EO MAINT-PUBLIC WORKS 569-21 01/20/2005 63415 0015310-42200-- 27446 EQ MAINT-COMM.SVCS 183.65 01/20/2005 63415 TOTAL PREPAID CHECK(S) 752.86 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 752.86 H2O PRESSURE WASHING INC 0015333-42210-- 321 MAINT-DSC 125.00 01/20/2005 63416 TOTAL PREPAID CHECK(S) 125.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 125.00 HALL & FOREMAN,INC 0015551-45223-- 14-11-073 PROF -SVCS -PLAN CHECK 517.50 01/20/2905 63417 0015551-45223-- A16039 14-11-073 PROF.SVCS-PLAN CHECK 750.00 01/20/2005 63417 TOTAL PREPAID CHECKS) 1,267.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,267.50 HOME DEPOT 0015554-41250-- 1/11/05 SUPPLIES -ROAD MAINT 15.87 01/20/2005 63418 TOTAL PREPAID CHECKS) 15.87 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 15.87 IMPRESSIONS GOURMET CATERING CORP 0014095-42325-- 16013 67425 MTG-STATE OF THE CITY 1,859.19 01/27/2005 63481 TOTAL PREPAID CHECK(S) 1,859.19 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,859.19 INLAND EMPIRE STAGES 0015350-45310-- 15971 15650 EXCURSION -SANTA ANITA 324.00 01/27/2005 63485 1125360-45310-- 15971 15650 TRANSPORTATION -EXCURSION 557.00 01/27/2005 63485 1125360-45310-- 15980 14140 EXCRSN-ROSE PARADE 1/05 1,780..00 01/20/2005 63419 TOTAL PREPAID CHECK(S) 2,661.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,661.00 INLAND VALLEY DAILY BULLETIN 0015210-42115-- 45749 LEGAL AD-PU13LIC HEARING 437.00 01/27/2005 63486 TOTAL PREPAID CHECK(S) 437.00 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 437.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 7 .DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO H INVOICE DESCRIPTION AMOUNT DATE CHECK ISLAMIC EDUCATION CENTER 001-36610-- 16380 PK REFUND -DBC 500.00 01/27/2005 63487 001-23002-- 16380 PK REFUND -DBC 500.00 01/27/2005 63487 TOTAL PREPAID CHECK(S) 1,000.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,000.00 JENKINS & HOGIN, LLP 0014020-44020-- 11840 GEN LEGAL SVCS-NOV 04 4,008.60 01/20/2005 63420 0014020-44020-- 11039 -DEC GEN LEGAL SVCS -GENERAL 19.89 01/20/2005 63420 0014020-44020-- 11841 -DEC GEN LEGAL SVCS -COM DEV 306.00 01/20/2005 63420 0014020-44020-- 11843 -DEC GEN LEGAL SVCS-P/WORKS 76.50 01/20/2005 63420 0014020-44020-- 11842 -DEC GEN LEGAL SVCS -COMM -SVCS 45.90 01/20/2005 63420 TOTAL PREPAID CHECK(S) 4,456-89 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 4,456.89 JUDICIAL DATA SYSTEMS CORPORATION 0014411-45405-- DEC 04 PARKING CITE ADMIN -DEC 04 916.76 01/20/2005 63421 TOTAL PREPAID CHECK(S) 916-76 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 916.76 JUST ERGONOMICS INC 0014090-46200-- 13998 KEYBOARD HOLDER -14/R 231.58 01/20/2005 63422 TOTAL PREPAID CHECK(S) 231.58 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 231.58 ANNA KANG 001-34780-- 16397 RECREATION REFUND 80.00 01/27/2005 63488 TOTAL PREPAID CHECK(S) 80.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 80.00 KATZ OKITSU & ASSOCIATES 0015551-45222-- 15984 JA3077X3 PROF.SVCS-NTMP 2,441.20 01/20/2005 63423 TOTAL PREPAID CHECK(S) 2,441.20 TOTAL UNPAID CHECK(S) •00 TOTAL DUE VENDOR 2,441.20 KENS HARDWARE 0015340-42210-- 15641 SUPPLIES -PARKS 137.13 01/20/2005 63424 0015333-41200-- 15826 SUPPLIES -DBC 152.99 01/20/2005 63424 0015310-42200-- SUPPLIES -PARKS 47..54 01/20/2005 63424 0014090-41200-- SUPPLIES -GENERAL 14.90 01/20/2005 63424 TOTAL PREPAID CHECK(S) 352,56 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 352.56 MI KYUNG KIM 001-34780-- 15938 RECREATION REFUND 51.00 01/20/2005 63425 TOTAL PREPAID CHECK(S) 51.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 51.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 8 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK VIVIAN KIM 001-34780-- 15937 RECREATION REFUND 80.00 01/20/2005 63426 TOTAL PREPAID CHECK(S) 80.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 80.00 WILLIAM KIM 001-34780-- 16580 RECREATION REFUND 80-00 01/27/2005 63489 TOTAL PREPAID CHECK(S) 80.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 80.00 KLEINFELDER INC 001-23012-- 15889 207410 PROF.SVCS-EN-03-405 304.00 01/20/2005 63427 001-23032-- 207410 PROF.SVCS-EN 03-405 559.50 01/20/2005 63427 001-23012-- 16062 221893 PROF.SVCS-EN-04-462 360.00 01/20/2005 63427 TOTAL PREPAID CHECK(S) 1,223.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,223.50 LAC DISTRICT ATTORNEY'S OFFICE 0014020-44021-- 04-1212 LEGAL SVCS-NOV 04 39.31 01/20/2005 63428 TOTAL PREPAID CHECK(S) 39.31 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 39.31 LDM ASSOCIATES INC 1255215-44000-60050304-44000 15907 1153 CONSULTANT SVCS. -HIP PROG 1,460.00 01/27/2005 63490 TOTAL PREPAID CHECK(S.) 1,460.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,460.00 LISA LEE 001-34780-- 16450 RECREATION REFUND 40-00 01/27/2005 63491 TOTAL PREPAID CHECK(S) 40.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 40.00 SUSANNA LEE 001-34780-- 16470 RECREATION REFUND 20.00 01/27/2005 63492 TOTAL PREPAID CHECK(S) 20.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 20.00 LEWIS ENGRAVING INC 0014090-42113-- 15741 14682 ENGRAVING SVCS -BADGES 92.87 01/20/2005 6342.9 TOTAL PREPAID CHECK(S) 92.87 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 92.87 LYANNA LIANG 001-34780-- 16475 RECREATION REFUND 45.00 01/27/2005 63493 TOTAL PREPAID CHECK(S) 45.00 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 45.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 9 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO N INVOICE DESCRIPTION AMOUNT DATE CHECK JUDY LIOU 001-34760-- 16363 RECREATION REFUND 161.00 01/27/2005 63494 TOTAL PREPAID CHECK(S) 161.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 161.00. LOS ANGELES BUSINESS JOURNAL 0015210-42320-- 917650DESTE2 PUBLICATIONS-PLNG 179.95 01/27/2005 63495 TOTAL PREPAID CHECK(S) 179.95 TOTAL UNPAID CHECK(E) .00 TOTAL DUE VENDOR 179.95 LOS ANGELES COUNTY DIST. ATTORNEY 001-21114-- PP 01-02 SLRY ATTCHMT-BD0001469 115.74 01/27/2005 63496 001-21114-- PP 01-02 SLRY ATTCHMT-BY0426064 326.50 01/27/2005 63497 TOTAL PREPAID CHECK(S) 442.24 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 442.24 LOS ANGELES COUNTY PUBLIC WORKS 0015510-45530-- A15613 AR315617 INDUSTRIAL WASTE -SEPT 04 1,580.30 01/20/2005 63430 TOTAL PREPAID CHECK(S) 1,580.30 TOTAL UNPAID CHECKCS) .00 TOTAL DUE VENDOR 1,580.30 LOS ANGELES COUNTY SHERIFF'S DEPT 0014411-45401-- 72879 STAR SVCS -DEC 04 8,266.57 01/20/2005 63431 0014411-45401-- 73035 CONTRACT SVCS -DEC 04 329,528.53 01/20/2005 63431 0014411-45402-- 73172 CALVARY CHAPEL -DEC 04 6,078.05 01/27/2005 63498 0014411-45402-- 73172 SUPPLEMENTAL MOTOR -DEC 04 4,126.29 01/27/2005 63498 TOTAL PREPAID CHECK(S) 347,999.44 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 347,999.44 LINDA C LOWRY 0014030-42330-- CCCA LEAG-CMGR 1/10-1/11 75.00 01/20/2005 63432 0014030-42325-- MTG-CMGR 7/27 5.00 01/20/2005 63432 0014030-42325-- LEAGUE CONF-CMGR 9/7 12.00 01/20/2005 63432 0014030-42330-- LEAGUE-CMGR 7/31 18.00 01/20/2005 63432 TOTAL PREPAID CHECK(S) 110.00 TOTAI, UNPAID CHECK(S) .00 TOTAL DUE VENDOR 110.00 LINDA MAGNUSON 0014050-42340-- GFOA SEMINARS -PARKING 18.00 01/27/2005 63499 0014050-42325-- REIMS-PENTAMATION MTG 37.00 01/27/2005 63499 TOTAL PREPAID CHECK(S) 55.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 55.00 MALDONADO ROOFING 0015340-42210-- 16078 1/4/05 ROOFING REPLACE -MAPLE ELL 2,100.00 01/20/2005 63433 TOTAL PREPAID CHECK(S) 2,100.00 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 2,100.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 10 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 8 INVOICE DESCRIPTION AMOUNT DATE CHECK MANAGED HEALTH NETWORK 001-21115-- RI 33597 FEB 05-EAP PREMIUMS 115.24 01/27/2005 63500 0015230-40070-- RI 33597 FEB 05-EAP PREMIUMS 2.68 01/27/2005 63500 TOTAL PREPAID CHECK(S) 117.92 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 117.92 KATHLEEN MARQUEZ 001-34780-- 16473 RECREATION REFUND 37.00 01/27/2005 63501 TOTAL PREPAID CHECK(S) 37.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 37.00 MCDERMOTT CONSULTING INC 0015210-44210-- 15976 JAN 2005 PROF-SVCS-TRANS PLN 14,000.00 01/27/2005 63502 TOTAL PREPAID CHECK(S.) 14,000.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 14,000-00 METROLINK 1125553-45535-- 15725 130207 METROLINK PASSES-DEC 04 37,588.90 01/20/2005 63434 1125553-45535-- 15725 130493 RETURNED PASSES-JAN 05 -2,936.50 01/20/2005 63434 1125553-45535-- 15725 130493 METROLINK PASSES-JAN 05 42,252.70 01/20/2005 63434 1125553-45533-- 15725 130493 CITY SUBSIDY-JAN 05 10,002.30 01/20/2005 63434 1125553.-45533-- 15725 130207 CITY SUBSIDY-DEC 04 7,901.10 01/20/2005 63434 1125553-45535-- 15725 130207 RETURNED PASSES-DEC 04 -6,041.50 01/20/2005 63434 TOTAL PREPAID CHECK(S) 88,767.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 88,767.00 METROPOLITAN TRANSPORTATION AUTH 1125553-45535-- 15726 12040586 MTA SUS PASSES-NOV 04 999.00 01/20/2005 63435 2125553-45533-- 15726 12040586 CITY SUBSIDY-NOV 04 402.00 01/20/2005 63435 1125553-45535-- 15726 1050280 MTA BUS PASSES-DEC 04 1,400.80 01/20/2005 63435 1125553-45533-- 15726 1050280 CITY SUBSIDY-DEC 04 524.20 01/20/2005 63435 TOTAL PREPAID CHECKS) 3,326.00 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 3,326.00 ALISON D MEYERS 0015350-44000-- 16056 WK 1/22/05 CONSULTANT SVCS-YMP 1,773.66 01/27/2005 63503 TOTAL PREPAID CHECK(8) 1,773.66 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,773.66 AMY MOODY 001-23002-- 16467 PK REFUND-D13C 350.00 01/27/2005 63504 TOTAL PREPAID CHECK(S) 350.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 350.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 11 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK NAKOMA GROUP LLC 0014070-44000-- 15589 2294 CONSULTING SVCS -INFO SYS 3,000.00 01/20/2005 63436 0014070-44000-- 15589 2315 CONSULTING SVCS -INFO SYS 2,175.00 01/20/2005 63436 0014070-44000-- 15589 2271 CONSULTING SVCS -INFO SYS 3,300.00 01/20/2005 63436 TOTAL PREPAID CHECK(S) 8,475.00 TOTAL UNPAID CHECKS} .00 TOTAL DUE VENDOR 8,475.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 12 DUE THRU; 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK OFFICE MAX 0035510-41200-- PO 15657 SUPPLIES -PUBLIC WORKS 1.97 01/20/2005 63438 0014050-41200-- PO 15657 SUPPLIES -FINANCE 10.00 01/20/2005 63438 0015510-41200-- PO 15657 SUPPLIES -PUBLIC WORKS 106.32 01/20/2005 63438 0015510-41200-- PO 15657 SUPPLIES -PUBLIC WORKS 33.59 01/20/2005 63436 0014040-41200-- PO 15657 SUPPLIES -CITY CLERK 36.23 01/20/2005 63438 0014090-41200-- PO 15657 SUPPLIES -GENERAL 858.16 01/20/2005 63438 0015510-41200-- PO 15657 SUPPLIES -PUBLIC WORKS 20.65 01/20/2005 63438 0014060-41200-- PO 15657 SUPPLIES-H/R 200.40 01/20/2005 63438 0015210-41200-- PO 15657 SUPPLIES -PLANNING 95.41 01/20/2005 63438 0014050-41200-- PO 15657 SUPPLIES -FINANCE 31.15 01/20/2005 63438 0014030-41200-- PO 15657 SUPPLIES -CITY MANAGER 25.82 01/20/2005 63438 0014090-41200-- PO 15657 SUPPLIES -GENERAL 50.82 01/20/2005 63438 0015210-41200-- PO 15657 SUPPLIES -PLANNING 62.00 01/20/2005 63438 0015210-41200-- PO 15657 SUPPLIES -PLANNING 20.59 01/20/2005 63438 0015350-41200-. PO 15657 SUPPLIES -RECREATION 109.97 01/20/2005 63438 0015350-41200-- PO 15657 SUPPLIES-COMM.SVCS 6.96 01/20/2005 63438 0014090-41200-- PO 15657 SUPPLIES -GENERAL 42.20 01/20/2005 63438 0015510-41200-- PO 15657 SUPPLIES -PUBLIC WORKS 64.42 01/20/2005 63438 0014030-41200-- PO 15657 SUPPLIES -CITY MANAGER 15.45 01/20/2005 63438 0014090-41200-- PO 15657 SUPPLIES -GENERAL 5.64 01/20/2005 63438 0015350-41200-- PO 15657 SUPPLIES-COMM.SVCS 201.62 01/20/2005 63438 0014095-41200-- PO 15657 SUPPLIES -PUBLIC INFO 90.89 01/20/2005 63436 0014050-41200-- PO 15657 SUPPLIES -FINANCE 3.91 01/20/2005 63438 0914050-41200-- OFFICE SUPPLIES -FINANCE 1.96 01/27/2005 6.3509 0015230-41200-- SUPPLIES -CODE ENFORCEMNT 20.24 01/27/2005 63509 0014050-41200-- OFFICE SUPPLIES -FINANCE 5.80 01/27/2005 63509 0014060-41200-- SUPPLIES-H/R 118.15 01/27/2005 63509 0015350-41200-- SUPPLIES-COMM.SVCS 25.92 01/27/2005 63509 0014090-41200-- SUPPLIES -GENERAL 10.70 01/27/2005 63509 0015333-41200-- SUPPLIES -DSC 168.53 01/27/2005 63509 0014090-41200-- SUPPLIES -GENERAL 6.04 01/27/2005 63509 0014090-41200-- SUPPLIES -GENERAL 5.71 01/27/2005 63509 0014050-41200-- OFFICE SUPPLIES -FINANCE 4.81 01/27/2005 63$09 0014090-41200-- SUPPLIES -GENERAL 516.62 01/27/2005 63509 0014090-41200-- SUPPLIES -GENERAL 740.58 01/27/2005 63509 0015210-41200-- SUPPLIES -PLANNING 138.08 01/27/2005 63509 0015350-41200-- SUPPLIES -COMM SVCS 136.57 01/27/2005 63509 0015510-41200-- SUPPLIES -PUBLIC WORKS 106.26 01/27/2005 63509 0015333-41200-- SUPPLIES -DBC 108.98 01/27/2005 63509 0015210-41200-- SUPPLIES -PLANNING 68.19 01/27/2005 63509 0014095-41200-- MEMO CREDITS -PUBLIC INFO -11.04 01/27/2005 63509 0014070-41200-- SUPPLIES -MIS 255.85 01/27/2005 63509 0015510-41200-- SUPPLIES -PUBLIC WORKS 96.14 01/27/2005 63509 0014090-41200-- SUPPLIES -GENERAL 31.82 01/27/2005 63509 0014090-41200-- MEMO CREDIT -GENERAL -34.58 01/27/2005 63509 0014090-412.00-- SUPPLIES -GENERAL 24.18 01/27/2005 63509 0014040-41200-- SUPPLIES -CITY CLERK 29-02 01/27/2005 63509 0015210-41200-- SUPPLIES -PLANNING 158.27 01/27/2005 63509 0014095-41200-- SUPPLIES -PUBLIC INFO 109.93 01/27/2005 63509 0015350-41200-- MEMO CREDIT -COMM SVCS -136.57 01/27/2005 63509 0014050-41200-- MEMO CREDIT -FINANCE -5.80 01/27/2005 63509 0014060-41200-- SUPPLIES-H/R 33.55 01/27/2005 63509 0014095-41200-- SUPPLIES -PUBLIC INFO 11.04 01/27/2005 63509 0014090-41200-- SUPPLIES -GENERAL 23.64 01/27/2005 63509 0015510-41200-- SUPPLIES -PUBLIC WORKS 130.53 01/27/2005 63509 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 13 DUE THRU: 01/27/2005 FUND/SECT-ACCT-PROJECT-ACCT OFFICE .MAX 0015210-41200-- 0015350-41200-- 0015210-41200-- 0014090-41200-- 0015210-41200-- 0015333-41200-- 0015350-41200-- 0015210-41200-- 0014090-41200-- 0014050-41200-- 0015210-41200-- 0015350-41200-- 0014090-41200-- 0014090-41200-- 0015350-41200-- 0014090-41200-- 0014090-41200-- 0014030-41200-- 0014030-41200-- 0014090-41200-- 0014090-41200-- 0014090-41200-- OLYMPIC STAFFING SERVICES 0015510-44000-- ROHIT K PATEL 001 -34780 -- PAYROLL TRANSFER 001-10200-- PEPR GRAPHICS 0014095-42110-- PO 8 INVOICE DESCRIPTION SUPPLIES -PLANNING SUPPLIES-COMM.SVCS SUPPLIES -PLANNING SUPPLIES -GENERAL SUPPLIES -PLANNING SUPPLIES -DBC SUPPLIES -COMM -SVCS SUPPLIES -PLANNING SUPPLIES -GENERAL OFFICE SUPPLIES -FINANCE SUPPLIES -PLANNING SUPPLIES-COMM.SVCS SUPPLIES -GENERAL MEMO CREDIT -GENERAL SUPPLIES-COMM.SVCS SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -CITY MANAGER SUPPLIES -CITY MANAGER SUPPLIES -GENERAL SUPPLIES -GENERAL SUPPLIES -GENERAL TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 15987 110104 TEMP SVCS -WK 12/26 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 16166 RECREATION REFUND TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR PREPAID AMOUNT DATE CHECK 31.99 01/27/2005 63509 176.73 01/27/2005 63509 18.34 01/27/2005 63509 44.33 01/27/2005 63509 128.61 01/27/2005 63509 43.47 01/27/2005 63509 39.13 01/27/2005 63509 116.93 01/27/2005 63509 283.72 01/27/2005 63509 114.21 01/27/2005 63509 14.57 01/27/2005 63509 10.80 01/27/2005 63509 10.53 01/27/2005 63509 -4.42 01/27/2005 63509 8.60 01/27/2005 63509 300.77 01/27/2005 63.509 47.76 01/27/2005 63509 37.01 01/27/2005 63509 4.81 01/27/2005 63509 4.73 01/27/2005 63509 14.29 01/27/2005 63509 2.41 01/27/2005 63509 6,442.91 .00 6,442.91 476-64 01/20/2005 63439 476.64 .00 476.64 37.00 01/20/2005 63440 37.00 .00 37.00 05 -PP 01 PAYROLL TRANSFER-05/PP 01 95,300.00 01/20/2005 05 -PP 01 TOTAL PREPAID CHECK(S) 95,300.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 95,300.00 1027 PRINT SVCS -BUS CARDS TOTAL PREPAID CHUCK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 255.00 01/20/20.05 63441 255.00 .00 255.00 PERS HEALTH 0014060-40093-- PP 01-02 ADMIN FEE -FEB 05 81.51 01/20/2005 63442 0015230-40090-- PP 01-02 ADMIN FEE -FEB 05 589.56 01/20/2005 63442 0014090-40086-- PP 01-02 ADMIN FEE -FEB 05 96.80 01/20/2005 63442 001-21105-- PP 01-02 PEA 05 -HEALTH INS PREMS 17,105.06 01/20/2005 63442 CITY OF DIAMOND EAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 14 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK PERS HEALTH TOTAL PREPAID CHECK(S) 17,872.93 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 17,872.93 PERS RETIREMENT FUND 001-21109-- PP 02/05 RETIRE CONTRIB-EE 6,143.36 01/27/2005 63510 0014010-40080-- PP 02/05 CC -RETIRE CONTRIB-EE/ER 449.42 01/27/2005 63510 001-21109-- PP 02/05 SURVIVOR BENEFIT 38.13 01/27/2005 63510 0014010-40090-- PP 02/05 CC -SURVIVOR BENEFIT 8.00 01/27/2005 63510 001-21109-- PP 02/05 RETIRE CONTRIB-ER 7,074.53 01/27/2005 63510 TOTAL PREPAID CHECK(S) 13,713.44 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 13,713.44 POMONA ROTO ROOTER #13 0015340-42210-- 068266 MAINT-HERITAGE COMM CTR 218.75 01/20/2005 63443 TOTAL PREPAID CHECK(S) 218.75 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 218.75 POSTMASTER 001-23010-- 917206 EXPRESS MAIL -FPL 2002-65 13.65 01/27/2005 63511 001-23010-- 917206 EXPRESS MAIL -FPL 2002-65 13.65 01/27/2005 63511 001-23010-- 917206 EXPRESS MAIL -FPL 2004-96 13-65 01/27/2005 63511 001-23010-- 917206 EXPRESS MAIL -FPL 2004-96 13-65 01/27/2005 63511 0014090-42120-- 917206 EXPRESS MAIL -GENERAL 31.50 01/27/2005 63511 001-23010-- 917206 EXPRESS MAIL -FPL 2004-108 13.65 01/27/2005 63511 TOTAL PREPAID CHECK(S) 99.75 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 99.75 PULTE HOMES 0015551-R45221-- 13255 REMOVAL DEBRIS -V -DITCH 4,250.00 01/27/2005 63512 TOTAL PREPAID CHECK(S) 4,250.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 4,250.00 R & D BLUEPRINT 2505310-46415-19103-46415 5258 PRINT SVCS-STARSHINE IMPV 387.65 01/20/2005 63444 TOTAL PREPAID CHECK(S) 387.65 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 387.65 R F DICKSON COMPANY 1155515-45500-- 15610 1144361 ST SWEEPING SVCS -DEC 04 6,216.09 01/27/2005 63513 TOTAL PREPAID CHECK(S) 6,216.09 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 6,216.09 NIGAR RANGOONWALA 001-3667.0-- 16340 PK REFUND -DBC 400-00 01/20/2005 63445 TOTAL PREPAID CHECK(S) 400.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 400.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 15 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO q INVOICE DESCRIPTION AMOUNT DATE CHECK REINBERGER PRINTWERKS 0014090-42110-- 15692 14121 PRINT SVCS -LETTERHEAD 65.57 01/20/2005 63446 TOTAL PREPAID CHECK(S) 66.57 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 66.57 REPUBLIC ELECTRIC 0015554-45507-- 15612 1712 ADDL SIGNAL MAINT-DEC 04 2,620-52 01/27/2005 63514 0015554-45507-- 15612 2143 ADDL SIGNAL MAINT-SAN 04 1,133.16 01/27/2005 63514 0015554-45507-- 15612 1711 SIGNAL MAINT-DEC 04 2,310.00 01/27/2005 63514 TOTAL PREPAID CHECKS) 6,063.68 TOTAL UNPAID CHECK{S) .00 TOTAL DUE VENDOR 6,063.66 RHF INC 0014411-42200-- 43917 EQ MAINT-SHERIFF 79.44 01/20/2005 63447 TOTAL PREPAID CHECK(S) 79.44 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 79.44 ROTARY CLUB OF WALNUT VALLEY 0015350-42353-- 12/11/04 REIMB-SNOW FEST 31.00 01/20/2005 63448 TOTAL PREPAID CHECKS) 31.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 31.00 SAN GABRIEL VALLEY CITY MGR ASSOC 0014030-42325-- SGV MTG-CMGR,CRIBBINS 60.00 01/27/2005 63515 TOTAL PREPAID CHECK(S) 60.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 60.00 SAN GABRIEL VALLEY COUNCIL OF GOVTS 0015510-42325-- TAC MTG-P/WORKS 1/24 100.00 01/20/2005 63449 TOTAL PREPAID CHECK(S) 100.0.0 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 100-00 SAN GABRIEL VALLEY TRIBUNE 0015210-42115-- 35466 LEGAL AD -PUBLIC HEARING 335.30 01/27/2005 63516 TOTAL PREPAID CHECK(S) 335.30 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 335.30 SCAN NATOA 0014030-42340-- 03-75-198 TRNG-FOYLE 40.00 01/20/2005 63450 TOTAL PREPAID CHECK(S) 40.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 40.00 RUN DATE: 01/27/2005 17:30:07 FUND/SECT-ACCT-PROJECT-ACCT SCANTRON 0014050-41200-- 0014050-41200-- SAHITA SENGUPTA 001 -23002 -- 001 -36800 -- CITY OF DIAMOND BAR CHECK REGISTER DUE THRU: 01/27/2005 PO # INVOICE DESCRIPTION SO COAST AIR QUALITY MANAGEMENT DIS 0014090-42140-- 15601 TRUDY SONESON 001-23002-- 99417956 PRINT SVCS -TAX FORMS 99417956 CREDIT MEMO -TAX FORMS TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 16240 PK REFUND -DBC 16240 PROPERTY DAMAGE TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR RENTAL -CITY HALL FEB TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 16466 PK REFUND -DBC TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR PAGE: 16 PREPAID AMOUNT DATE CHECK 122.07 01/20/2005 63451 -18.09 01/20/2005 63451 103.98 .00 103.98 500.00 01/20/2005 63452 -26.00 01/20/2005 63452 472.00 .00 472.00 20,598.90 01/27/2005 63517 20,598.90 .00 20,598.90 100.00 01/27/2005 63516 100.00 .00 100.00 SOUTHERN CALIFORNIA EDISON 1264411-42126-- ELECT SVCS -SHERIFF CTR 255.51 01/27/2005 63519 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 72.47 01/20/2005 63453 13B5538-42126-- ELECT SVCS -DIST 38 15.60 01/20/2005 63453 1385538-42126-- ELECT SVCS -DIST 38 46.50 01/27/2005 63519 0015333-42126-- ELECT SVCS -DBC 3,451-11 01/20/2005 63453 1385538-42126-- ELECT SVCS -DIST 38 16.50 01/20/2005 63453 1415541-42126-- ELECT SVCS -DIST 41 16.50 01/20/2005 63453 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 27.40 01/20/2005 63453 001551.0-42126-- ELECT SVCS -TRAFFIC CONTRL 18.26 01/20/2005 63453 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 67.12 01/20/2005 63453 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 85.67 01/20/2005 63453 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 42.69 01/20/2005 63453 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 708.71 01/20/2005 63453 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 36.53 01/20/2005 63453 TOTAL PREPAID CHRCK(S) 6,860.57 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 6,860.57 SOUTHLAND SPORTS OFFICIALS 0015350-45300-- 15734 12/22-1/19 OFFICIAL SVC8-12/22-1/19 805.00 01/27/2005 63520 TOTAL PREPAID CHECK(S) 805.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 805.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 17 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK STANDARD INSURANCE OF OREGON 0015230-40084-- PP 01-02 FEB 05-STD/LTD 23.15 01/27/2005 63521 0015230-40090-- PP 01-02 FEB 05-LIFE INS PREMS 14.50 01/27/2005 63521 001-21112-- PP 01-02 FEE 05-STD/LTD 802-70 01/27/2005 63521 001-21106-- PP 01-02 FEB 05-LIFE INS PREMS 580.00 01/27/2005 63521 001-21106-- PP 01-02 FEB 05-SUP? LIFE INS PREM 42-00 01/27/2005 63521 TOTAL PREPAID CHECKS) 1,462.35 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 1,462.35 STATE BOARD OF EQUALIZATION 001-36650-- OCT-DEC 04-SALES & USE TX 58.50 01/20/2005 63454 001-36640-- OCT-DEC 04-SALES & USE TX 24.$0 01/20/2005 63454 TOTAL PREPAID CHECK(S) 83.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 83-00 SUNSHINE SENIORS GROUP 1255215-44000-D9690404-44000 REIMB-INS PREM 825.00 01/20/2005 63455 TOTAL PREPAID CHECK(S) 825-00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 825.00 REBECCA TAPALLA 001-23002-- 16233 PK REFUND-DBC 500.00 01/20/2005 63456 TOTAL PREPAID CHECK(S) 500.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 500.00 TELEPACIFIC COMMUNICATIONS 0014070-44030-- 1325611-0 T1 INTERNET SVCS-JAN 05 497.25 01/20/2005 63457 TOTAL PREPAID CHECK(S) 497.25 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 497-25 TENNIS ANYONE 0015350-45300-- 15955 CONTRACT CLASS-FALL 19.60 01/27/2005 63522 TOTAL PREPAID CHECK S) 19-60 TCTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 19.60 KIM TEP 001-34780-- 16361 RECREATION REFUND 37.00 01/27/2005 63523 TOTAL PREPAID CHRCK(S) 37.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 37.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 18 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK TRUGREEN LANDCARE 0015333-46250-- 15978 1693923300 ADD'L MAINT-DBC 4,800.00 01/27/2005 63524 0015333-46250-- 15978 2283915964 ADD'L MAINT-DSC 23,000.00 01/27/2005 63524 1385538-45500-- A15735 169398249B LNSCP MAINT-DIST 38 DEC 4,210.91 01/27/2005 63524 1385538-45500-- A15736 1693922670 ADDL MAINT-DIST 38 214.98 01/27/20.05 63524 1415541-45500-- A15735 1693982496 LNSCP MAINT-DIST 41 DEC 2,250-94 01/27/2005 63524 0015340-45300-- A15735 1693913741 LNSCP MAINT-PARKS NOV 6,096.73 01/27/2005 63524 1415541-45500-- A15735 1693913741 C/WIDE LNSCP MAINT-DIST41 2,250.94 01/27/2005 63524 1395539-45500-- A15735 1693982498 LNSCP MAINT-DIST 39 DEC 4,389.33 01/27/2005 63524 1415541-45500-- A15736 1693922670 ADDL MAINT-DIST 41 70.15 01/27/2005 63524 1385538-45500-- A15733 1693913741 LNSCP MAINT-➢IST 38 NOV 4,210.91 01/27/2005 63524 0015340-45300-- A15735 1693982498 LNSCP MAINT-PARKS DEC 6,096.73 01/27/2005 63524 1395539-45500-- A15735 1693913741 LNSCP MAINT-DIST 39 NOV 4,389.33 01/27/2005 63524 TOTAL PREPAID CHECK(S) 61,980.95 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 61,980.95 JEAN TU,LY 001-34730-- 16514 RECREATION REFUND 22.00 01/27/2005 63525 TOTAL PREPAID CHECK(S) 22.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 22.00 ULI-THE URBAN LAND INSTITUTE 0015240-42340-- TRNG-DESTEFANO 375.00 01/20/2005 63458 TOTAL PREPAID CHECKS) 375.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 375.00 UNITED TRAFFIC SERVICES SUPPLY 0015554-41250-- 16125 8787 SUPPLIES -ROAD MAINT 517.98 01/20/2005 63459 TOTAL PREPAID CHECK(S) 517.98 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 517.98 US HEALTHWORKS MEDICAL GROUP, PC 0014060-42345-- 634487 PRE-EMPLOYMENT PHYSICAL 60.00 01/20/2005 53460 TOTAL PREPAID CHECK(S) 60.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 60.00 IQBAL VAKIL 001-23002-- 16255 PK REFUND -DBC 700.00 01/27/2005 63526 TOTAL PREPAID CHECK(S) 700.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 700.00 ANN VALENCIA 007-23002-- 16465 PK REFUND-REAGAN 25.00 01/27/2005 63527 TOTAL PREPAID CHECK(S) 25.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 25.00 CITY OP DIAMOND BAR RUN DATE:. 01/27/2005 17:30:07 CHECK REGISTER PAGE: 19 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO q INVOICE DESCRIPTION AMOUNT DATE CHECK VALLEY CREST LANDSCAPE MAINT INC 0015340-42210-- 15749 1331343 ADD'L MAINT-PETERSON PK 557.81 01/20/2005 63461 0015340-42210-- 15749 1331348 ADD'L MAINT-PETERSON PK 135.00 01/20/2005 63461 0015340-46410-- A15993 1314323 LNDSCP MAINT-SUMMITRIDGE 25,000.00 01/20/2005 63461 0015333-45300-- A15993 1320137 LNDSCP MAINT-PTRSN/PNTSRA 5,020.00 01/20/2005 63461 0015333-46250-- AIS993 1314323 LNDSCP MAINT-DBC 19,463.00 01/20/2005 63461 0015340-42210-- 15749 1331342 ADD'L MAINT-PANTERA PK 294.20 01/20/2005 63461 0015340-42210-- 15749 1331347 ADD'L MAINT-PETERSON PK 286.14 01/20/2005 63461 0015340-42210-- 15749 1331349 ADD'L MAINT-PANTERA PK 347.05 01/20/2005 63461 0015340-42210-- 15749 1327269 ADD'L MAINT-PANTERA PK 426.00 01/20/2005 63461 0015340-45300-- 15748 1320137 LNDSCP MAINT-PTRSN/PNTERA 10,103.00 01/20/2005 63461 TOTAL PREPAID CHRCK(S) 61,635.06 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 61,635.08 VANTAGEPOINT TRANSFER AGENTS -457 001-21108-- PP 02/05 1/28/05 -PAYROLL DEDUCTION 16,697.16 01/27/2005 63528 TOTAL PREPAID CHECK(S) 16,697.16 TOTAL UNPAID CHECK($) .00 TOTAL DUE VENDOR 16,697.16 JOE VASQUEZ 001-32230-- DB 37730 REFUND -PARKING CITATION 305.00 01/20/2005 63462 TOTAL PREPAID CHECK(S) 305.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 305.00 VERIZON CALIFORNIA 0014010-42125-- 90969120740 PH.SVCS-FAX LINE/CCNL 22.16 01/20/2005 63463 0014090-42125-- 9091973128 PH.SVCS-GENERAL 608.85 01/20/2005 63463 0015333-42126-- PH.SVCS-DBC 213.41 01/20/2005 63463 00140.30-42125-- 9098613690 PH -SVCS -FAX LINE/CMGR 29.45 01/20/2005 63463 0014090-42125-- 80077724B9 P14.SVCS-GENERAL 30.14 01/20/2005 63463 TOTAL PREPAID CHECK(S) 904.01 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 904.01 $AVITA VERMA 001-34760-- 15809 RECREATION REFUND 154.00 01/27/2005 63529 TOTAL PREPAID CHECKS) 154.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 154.00 VISION INTERNET PROVIDERS INC 0014070-44030-- 15752 10122 WEB HOSTING SVCS -JAN 05 150.00 01/20/2005 63464 TOTAL PREPAID CHECK(S) 150-00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 150.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 20 DUE THRU: 01/27/2005 WASTE NEWS 0015510-42320-- PUBLICATIONS -PUBLIC WORKS 25,00 01/27/2005 63530 TOTAL PREPAID CHECK(S) 25.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 25.00 WEB ROOT 0014070-46235-- 16126 D060-011005 COMP EQUIP-ANTI-SPYWARE 3,278.90 01/27/2005 63531 TOTAL PREPAID CHECK(S) 3,278.90 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 3,278.90 MARK WEEKLY 001-34780-- 16212 RECREATION REFUND 00.00 01/27/2005 63532 TOTAL PREPAID CHECK(S) 80.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 80.00 WELLS FARGO CARD SERVICES PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT 10.78 DATE CHECK WALNUT VALLEY WATER DISTRICT 0015510-41200-- MEMO CREDIT -PUBLIC WORKS -21.64 01/20/2005 1415541-42126-- WATER SVCS -DIST 41 2,395.96 100.00 01/20/2005 63465 0015340-42126-- WATER SVCS -PARKS 3,419.36 143-22 01/20/2005 63465 13.85538-42126-- WATER SVCS -DIST 38 6,607.61 32.17 01/20/2005 63465 1395539-42126-- WATER SVCS -DIST 39 982.31 100.64 01/20/2005 63465 63467 TOTAL PREPAID CHECK(S) 13,405.24 55.00 01/20/2005 63467 TOTAL UNPAID CHECK(S) MEMBERSHIP DUES-P/WORKS .00 01/20/2005 63467 TOTAL DUE VENDOR 13,405.24 163.91 01/20/2005 WASTE NEWS 0015510-42320-- PUBLICATIONS -PUBLIC WORKS 25,00 01/27/2005 63530 TOTAL PREPAID CHECK(S) 25.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 25.00 WEB ROOT 0014070-46235-- 16126 D060-011005 COMP EQUIP-ANTI-SPYWARE 3,278.90 01/27/2005 63531 TOTAL PREPAID CHECK(S) 3,278.90 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 3,278.90 MARK WEEKLY 001-34780-- 16212 RECREATION REFUND 00.00 01/27/2005 63532 TOTAL PREPAID CHECK(S) 80.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 80.00 WELLS FARGO CARD SERVICES 0014090-41200-- SUPPLIES -GENERAL 10.78 01/20/2005 63467 0015510-41200-- MEMO CREDIT -PUBLIC WORKS -21.64 01/20/2005 63467 0015350-42315-- MEMBERSHIP DUES-REC 100.00 01/20/2005 63467 0014090-42325-- SUPPLIES -HOLIDAY PARTY 143-22 01/20/2005 63467 0014090-42325-- SUPPLIES -GENERAL 32.17 01/20/2005 63467 0014095-41200-- SUPPLIES-P/INFO 100.64 01/20/2005 63467 0014090-42325-- MTG SUPPLIES -GENERAL 55.00 01/20/2005 63467 0015510-42315-- MEMBERSHIP DUES-P/WORKS 147.50 01/20/2005 63467 0014030-42325-- CCCA CONF-CLARKS 163.91 01/20/2005 63467 0014010-41200-- SUPPLIES -COUNCIL 25.90 01/20/2005 63467 J014095-41200-- SUPPLIES-P/INFO 249.24 01/20/2005 63467 0014090-42325-- MTG SUPPLIES -PUBLIC WORKS 46.04 01/20/2005 63467 0014060-42325-- MTG SUPPLIES -HJR 39.28 01/20/2005 63467 0014090-41200-- SUPPLIES -GENERAL 123.34 01/20/2005 63467 0015510-41200-- SUPPLIES -PUBLIC WORKS 43.29 01/20/2005 63467 TOTAL PREPAID CHECK(S) 1,258.67 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,258.67 WEST COAST MEDIA 0014095-42115-- 15693 1062108 AD -STATE OF THE CITY JAN 525.00 01/20/2005 63468 TOTAL PREPAID CHECK($) 525.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 525.00 CITY OF DIAMOND BAR RUN DATE: 01/27/2005 17:30:07 CHECK REGISTER PAGE: 21 DUE THRU: 01/27/2005 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK PHILIP H WILLIAMS 0015333-41200-- SUPPLIES -DBC 21.65 01/20/2005 63469 TOTAL PREPAID CHECK(S) 21.65 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 21.65 PAUL WRIGHT 0014090-44000-- 15656 1/21/05 A/V SVCS-P/C,CNCL MTG 210.00 01/27/2005 63533 TOTAL PREPAID CHECK(S) 210.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 210.00 XAVIERS FLORIST 0014090-42325-- 14874 FLORAL ARRGMNTS-CCNL MTG 81.19 01/20/2005 63470 0014090-41400-- 14792 FLORAL ARRGMNTS-FLORES 66.58 01/20/2005 63470 0014090-41400-- 14826 FLORAL ARRGMNTS-CALKINS 75.76 01/20/2005 63470 0014090-42325-- 15204 FLORAL ARRGMNTS-CCNL MTG 135.20 01/20/2005 63470 0014090-41400-- 14976 FLORAL ARRGMNTS-PARIKH 67-66 01/20/2005 63470 TOTAL PREPAID CHECK(S) 426.41 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 426.41 XEROX CORPORATION 0014090-42200-- 15796 7385637 COPIER MAINT-DEC 04 459.68 01/20/2005 63471 0014090-42100-- 15796 7385637 COPY CHARGES -DEC 04 481-64 01/20/2005 63471 TOTAL PREPAID CHECK(S) 941.32 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 941.32 REPORT TOTAL PREPAID CHECKS 913,782.01 REPORT TOTAL UNPAID CHECKS .00 REPORT TOTAL 913,782.01 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA. Linda C. Lowry, City Manager. 't�' �( C' 'W1 TITLE: Treasurer's Statement— December, 2004 RECOMMENDATION: Approve the December 2004, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND. Agenda # _ 6-9 Meeting Date: Feb. 1, 2005 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Susan Full, Sr. Accountant Departm n Head Attachments: Treasurer's Statement Depu anager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT December 31, 2004 13EGINFIING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN OUT BALANCE_ GENERAL FUND $22,692,428.98 $1,507,549.08 $1,658,109.82 $22,541,868.24 LIBRARY SERVICES FUND 0.00 0.00 COMMUNITY ORG SUPPORT FD (5,006.74) 200.00 (5,206.74) GAS TAX FUND 833,712.53 833,712.53 TRANSIT TX (PROP A) FD 1,275,314.99 118,033.69 88,094.46 1,305,254.22 TRANSIT TX (PROP C) FD 867,390.96 65,833.15 933,224.11 ISTEA Fund 0.00 0.00 INTEGRATED WASTE MGT FD 569,426.59 31,926.29 537,500.30 AB2928-TR CONGESTION RELIEF FD 0.00 0.00 AIR QUALITY IMPRVMNT FD 155,121.65 18,173.22 1,028.75 172,266.12 PARK & FACILITIES DEVEL. FD 1,881,039.43 1,881,039.43 COM DEV BLOCK GRANT FD (65,522,45) 13,100.54 (78,622.99) CITIZENS OPT -PUBLIC SAFETY FD 318,473.57 3,322.33 315,151.24 NARCOTICS ASSET SEIZURE FD 314,314.22 314,314.22 CA LAW ENFORCEMENT EQUIP PRG 71,135.79 71,135.79 LANDSCAPE DIST #38 FD 384,822.72 102,251.97 10,791.85 476,282.84 LANDSCAPE DIST #39 FD 226,161.39 65,001.76 29,745.99 261,417.16 LANDSCAPE DIST #41 FD 332,239.96 48,697.18 3,711.98 377,225.16 GRAND AV CONST FUND 111,579.53 111,579.53 CAP IMPROVEMENT PRJ FD (1,431,098.15) 42,665.92 (1,473,764.07) SELF INSURANCE FUND 1,318,192.28 1,318,192.28 EQUIPMENT REPLACEMENT FUND 194,996.31 194,996.31 COMPUTER REPLACEMENT FUND (4,061.55) (4,061.55) PUBLIC FINANCING AUTHORITY FUN 572,251.26 590.36 21,952.89 550,888.73 TOTALS $30,612,913.27 $1,926,130.41 $1,904,650.02 $0.00 $30,634,392.86 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT PAYROLL ACCOUNT CHANGE FUND PETTY CASH ACCOUNT INVESTMENTS: CASH WITH FISCAL AGENT: TOTAL DEMAND DEPOSITS US TREASURY Money Market Acct. LOCAL AGENCY INVESTMENT FD US TREASURY Money Market Account LOCAL AGENCY INVESTMENT FD (Bond Proceeds Account) ($69,946.11) (88,600.24) 250.00 500.00 ($157,796.35) $752,604.68 29,488 695.80 30,241,300.48 $401,555.76 149, 332.97 550,888.73 TOTAL CASH $30,634,392.86 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis. L.A.I.F - Effective Yield - December 2004 Wells Fargo Money Mkt -Effective Yield - December 2004 Union Bank Money Mkt - Effective Yield - December 2004 2.134% 1.395% 1.570% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Linda C. Lowry, Treasurer Agenda # 6. 6 Meeting Date: Feb. 1, 2005 W CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of.the City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of Claim — Filed by Jesus S. Trinidad — January 14, 2005. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Jesus S. Trinidad. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for approximately $143.00. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On January 14, 2005, Jesus S. Trinidad filed a Claim for Damages with the City alleging that he hit a pothole on Golden Spgs. Dr. in the City of Diamond Bar thereby causing damage to one of his tires. Carl Warren & Co., the City's claims administrator, determined that the claim appears to be one of questionable liability and has recommended denial. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. I PREPARED BY, Tommye Cribbh14­Executive Asst. REVIEWED BY: -- Do Dtaanaqe-r CITY COUNCIL Agenda # 6.7(,q ) Meeting Date: February 1, 2005 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager�r��. nJ TITLE: ADOPT RESOLUTION NO. 2005 -XX ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO, 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-2006. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the Assessment Engineering services needed for the three Assessment Districts totals $11,250 and is charged to each District proportionately; therefore, the cost for Assessment District No. 38 is $3,750. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2005-2006 Fiscal Year. Of the City's three Districts, District 38 encompasses the whole of the City and is illustrated on Exhibit "A-1" map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. It is noted that these levies are anticipated to remain the same as those for FY 2004-05. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEW Y: David G. iu, Director of Public Works 1 Ja es eStefa o, Assistant City Manager Attachment: Exhibit "A-1" Map Resolution No. 2005 -XX 2 RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-06 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 38. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 38 for Fiscal Year 2005-06. 3. The City Clerk shall certify to the adoption of this Resolution. 1 PASSED, ADOPTED AND APPROVED this _ day of , 2005. Wen P. Chang, Mayor I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk E CITY COUNCIL Agenda # 6. 7 Meeting Date: February 1 2005 AGENDA REPORT TO: Honorable Mayor and Members of,the City Council *ee,1U1--, VIA: Linda C. Lowry, City Manage, TITLE: ADOPT RESOLUTION NO. 20051 ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-2006. RECOMMENDATION: FINANCIAL IMPACT: The cost of the Assessment Engineering services needed for the three Assessment Districts totals $11,250 and is charged to each District proportionately; therefore, the cost for Assessment District No. 39 is $3,750. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2005-2006 Fiscal Year. Of the City's three Districts, District 39 encompasses a specific part of the City as illustrated on Exhibit "A-2" map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. It is noted that these levies are anticipated to remain the same as those for FY 2004-05. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEWED B Davi . Liu, Director of Public Works Jami DeStefano, Assistant City Manager Attachment: Exhibit "A-2" Map Resolution No. 2005 -XX I% RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-06 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 39 for Fiscal Year 2005-06. 1 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this _ day of , 2005. Wen P. Chang, Mayor I, LINDA C. LOWRY, 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 following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk 2 day of , 2005, by the Agenda # 6.7 (c) Meeting Date: February 1 2005 CITY COUNCIL , 1.11.,. r�� = AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager. rev, TITLE: ADOPT RESOLUTION 2005 -XX ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-2006. RECOMMENDATION: Adopt. FINANCIAL IMPACT: The cost of the Assessment Engineering services needed for the three Assessment Districts totals $11,250 and is charged to each District proportionately; therefore, the cost for Assessment District No. 41 is $3,750. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands divided into three Districts within the City. Funds must be provided to enable each District to continue their operation during the 2005-2006 Fiscal Year. Of the City's three Districts, District 41 encompasses a southwesterly part of the City as illustrated on Exhibit "A-3" map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions ofintention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. It is noted that these levies are anticipated to remain the same as those for FY 2004-05. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEWED BY; Davi Liu, Director of Public Works -7 James eStefa Assistant City Manager Attachment: Exhibit "A-3" Map Resolution No. 2005 -XX F SHEET T Of 1 SHEET I EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 2005-06 forth• CITY OF DIAMOND BAR �'A..m�O.'i Mlld wm �imiawn�w T! oou[r a 1p A.opw Air.mra awa. Tm vAn Ale ul[l./ibOl� me Mpl Wl OI W1lgL p wn rn� YI. M.II.CTAI. il1wlM OM M ApIMDR'i F1VILq W1R OMR[ M M DPIC\ OI M lq A.O.a ODWRV ABD[. 'na .v mwrt.r w ll. CR1' d.AIYO.YI 1.� N iM Dll1r1 tl' M CRY Ca.O� 7RE f7R' Df purpp .VL DD{.fTY OR W. AM.[l$.TA� A CAI,.q..[y YM. DAY DF �, QrY Rl111[ a Rq DRY D! DM[1pIp.A. R!D .1 Rr p9� V 1N! CDy.[Y Albllp., ODl/11M1 b 1p AND6li. iTAi DF CAI.VI..A Illi DAY R Y1E CRY 5l D! aIY O! 01AWlO M. G�'$ws50C II�V�}1 RESOLUTION NO. 2005-' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-06 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 41 for Fiscal Year 2005-06. 1 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this „ day of , 2005. Wen P. Chang, Mayor I, LINDA C. LOWRY, 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 following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED:COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk 2 day of , 2005, by the CITY COUNCIL Agenda # b . 8 Meeting Date: February 1, 2005 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager,... ')Le114- t TITLE: "NIP and HIP" - Neighborhood Improvement Program and Home Improvement Program Progress Report RECOMMENDATION: Receive and file the report. BACKGROUND: In December 2001 the City Council formed a Neighborhood Improvement Subcommittee to develop polices and programs to protect and preserve the integrity and the property values of neighborhoods (residential, commercial and industrial) within the City. Councilman Zirbes and Mayor Chang are members of the Subcommittee. The Subcommittee meets monthly with Neighborhood Improvement staff and works with staff in proactively addressing various code violations. Last month the Subcommittee requested a progress report on measuring the success of the neighborhood improvement program for the last three years (2002 to 2004) for Council review. ACCOMPLISHMENTS OF NEIGHBORHOOD IMPROVEMENT: Keeping the City a safe and attractive community is an ongoing activity. Looking back three years of records would tell the City the degree of success of the neighborhood improvement program. It is summarized as follows: 1. Refinement of the Neighborhood Improvement Program (NIP): In 2002, the Subcommittee established priorities of code enforcement for Neighborhood Improvement staff. The Subcommittee also recommended changes to the Municipal Code refining the administrative procedures and penalties for code compliance, which were adopted by the Council in 2003. In addition to administrative procedural changes and the established priorities, the Subcommittee recommended amending the professional service contract with the City Prosecutor so as to handle the anticipated caseload, which the Council approved in 2004. These changes become the tools for the Neighborhood Improvement Program to be a success. 2. Yearly Activity Records: A review of the investigation records of code violations help measure and quantify the neighborhood improvement activities. The table below shows the total number of investigations by the two full-time and one part-time staff. There were 7,199 investigative cases in 2002, 8,534 cases in 2003 and 10,417 cases in 2004. The increase in the total of number cases in 2003 and 2004 is due to the addition of a part time Neighborhood Improvement staff in 2003 who works the weekend primarily policing the illegal signs. Each investigation by a Neighborhood Improvement Officer would typically include an inspection (initial contact), a re -inspection for compliance check if found non-compliance, a courtesy notice is then issued and followed by a re -inspection. Not all investigations result in a courtesy notice as the majority of the property owners who have been contacted would voluntarily correct the problems and comply with the codes. In very few cases would Neighborhood Improvement staff need to issue a citation. To date we have issued a total of nine citations. 3. The Areas of Investigations: The Neighborhood Improvement investigations are summarized into the following categories: a. storage/placement of trash cans or debris in public view b. encroachment within public right-of-way c. inoperative vehicles, parking on unpaved surface d. construction without permits e. damage or deteriorated structures f. improper use of property, g. poor or no landscaping h. illegal signs i. animal control and Christmas lights Of the total 10,417 investigations in 2004, the Neighborhood Improvement staff issued 2,923 courtesy notices, which is roughly 28 percent of the investigations. The majority, approximately 45.7 percent, of the courtesy notices issued were regarding debris and/or trash bins exposed within the front yard area. Another 20.8 percent of the courtesy notices issued 2 were for encroachment within the public streets or sidewalk. The courtesy notices issued for poor or no landscaping within the yards and Illegal signs were 13 percent and 11.9 percent respectively. The chart below shows the percentage distribution for the various neighborhood improvement activities. 2004 Courtesy Notices by Category I 4. Home Improvement Program (HIP): To augment the neighborhood improvement activities, the Subcommittee recommended the allocation of federally -funded CDBG monies to assist low and moderate income homeowners to cover the cost of the needed housing repairs. The City Council approved the Home Improvement Program, establishing the order of priorities for the housing repairs that would be eligible. The established priorities are: mandatory improvements to correct any existing building, zoning and public nuisance code violations, which would alleviate conditions that present an immediate threat the health and safety of the property's occupants; general property exterior improvements to repair or replace broken, damaged and or deteriorated items; and, lead based paint improvements. The City Council allocated approximately $50,000 for FY 2002-2003, $125,000 for FY 2003-2004, and $119,000 for 2004- 2005. In 2003, three projects were completed and in 2004, a total of eight projects were completed, where approximately $142,750 were expended. In 2005, there are eight projects in pre - construction phase, four projects in bid phase and two projects under construction. There are a total seven projects on waiting list. 5. Examples of Success Cases: In the majority of the case, residents are not aware that they have violated property maintenance codes. Once our Neighborhood Improvement staff has contacted them, they are cooperative and correct the violations in a timely manner. There are a few notable cases where the property maintenance has improved substantially. a. 302 Ballena: The property was in dilapidated condition. A block wall was in disrepair, there were no side yard landscaping, the front yard landscaping needed maintenance and improvement, inoperable cars were parked on the driveway and overall structure needed maintenance, and so on. The property now looks attractive and clean. b. 1732 Roundtree: The property lacked landscaping in the front yard, inoperable vehicles were parked on the driveway and trash was stored outside in public view. The property owner responded by re -landscaped the front yard and the inoperable vehicle is now garaged. c. 147 S. Pintado: The resident conducted auto repairing business on site, which created problems such as erecting a tent on the driveway to protect against summer heat when the resident was repairing cars, power -washing resulting in environmentally unsound wastes that was flushed into city's storm drain system, repairing work conducted till one or two am. Through neighborhood improvement efforts and the assistance from the City Prosecutor, the resident has stopped the auto repair business and the nuisance problems abated. d. 614 Crown Point: The property was in need of maintenance and landscaping within the yards was in very poor condition. The property owner had some financial setback but was willing to work with the City in addressing property maintenance issue. He had refinanced his property and was able to remodel the entire property that included putting in a new sprinkler system, cement work, ground cover and flower beds. e. 1338 S. Cresmont: The front and the back yards of the property were overgrown with landscaping. Trash and dry vegetation were found stored in the back yard. It was an eye sore to the neighborhood, a public health problem and a fire hazard. Also, the property had to be inspected by Los Angeles County Health Department due to infestation of pests such as rodents and flies. With the help of Neighborhood Improvement Officer, the County Health Department and City Prosecutor, the property was finally brought up to an acceptable level that meets health and safety after a year. 6. Cases with the City Prosecutor: There are a few cases that Neighborhood Improvement staff has turned over to the City Prosecutor where the property owners have ignored the repeated citations and continued with the non-compliance. Typically, after the third citation with no compliance action from the property owner, the Neighborhood Improvement Officer will turn the case over to the City Prosecutor. The most notable cases involved the parking of inoperative vehicles on unpaved surface or on driveways and the placement of tall objects (lion's head/fountain) within the front yard. At the writing of this report, the City Prosecutor has sent out a final notice to the property owner with a deadline to comply. The next step is for the City Prosecutor to begin the legal proceedings. We will inform the Subcommittee of the status of these cases as we get the information from the City Prosecutor. 7. Street Sweeping Program: In March of 2002, the Council established a street sweeping program, which is administered by the Pubic Works Department and enforced by the Sheriff. Thirteen neighborhood areas in the City were targeted for streets sweeping weekly. This program helps to move the inoperable vehicles or damaged vehicles from parking along public streets. This program, in essence, is indirectly furthering the goals of the Neighborhood Improvement Program. 4 8. Graffiti: During the last three years the graffiti crew has handled over 2800 cases with a cost of over $87,000 dollars. Keeping the city clean of graffiti shows that it is a safe and quality community with a sense of pride. FUTURE OF NEIGHBORHOOD IMPROVEMENT PROGRAM: A proactive approach is essential in making the Neighborhood Improvement program a success. Proactive approach includes prevention such as improving on educating and promoting the importance of property maintenance, which will assist in achieving the goals of the Neighborhood Improvement Program. Another proactive approach is the work relationship between Neighborhood Improvement staff and residents. Neighborhood improvement is a shared responsibility. Having community involvement and working together can be more effective in accomplishing the mission. Through preventive and cooperative efforts, we would create an atmosphere that instills pride and a sense of well being for all those who live, work and play in the City of Diamond Bar. The following is a list of plan of action for further improving the Neighborhood Improvement program. I. 2. 3. 4. 5. 6. Prep, Neighborhood Improvement Subcommittee will continue to meet. Property Maintenance articles in the City News Amend the Development Code regarding Christmas lights and the outdoor storage of inoperable vehicles. Review and improve the procedures for citation and hearing process that can with stand legal challenge. Research a celebration or recognition program for properties that have been transformed. Improve the reporting process, the status of neighborhood improvement cases. I. Reviewed \, '4A rr Nancy Fon, Alt / 12�►�f DeStefan� Planning ager/ Assistant City Manager 5 CITY COUNCIL Agenda # H _ 9 Meeting Date: February 1, 2005 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managers TITLE: Resolution No. 2005 -XX approving Fiscal Year 2004-2005 Budget Amendment RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2005 -XX, Resolution of the City of Diamond Bar amending the FY04-05 Municipal Budget for the City of Diamond Bar. FINANCIAL IMPACT: The Mid -Year Budget Adjustment includes an increase in estimated revenue for the General Fund in the amount of $238,636 to account for the award of two Federal grants and changes in State revenue allocation estimates. It also includes an increase in General Fund annual appropriations in the amount of $89,343 for various items. Increases to the Capital Improvement Projects including the following: • TS Modifications @ DB Blvd/ Mountain Laurel Wy $40,000 Prop C Funding • TS Modifications @ Brea Cyn Rd/Silver Bullet $40,000 Prop C Funding • Diamond Bar Center Construction $20,500 General Fund BACKGROUND: The City Council adopted Resolution #2004-32 on June 15, 2004 approving the FY04-05 Municipal Budget. The City Council has also approved additional appropriations as they have occurred throughout the year It is City policy for staff and the City Council to periodically review the annual budget and make adjustment as deemed necessary. Page 2 — FY 04-05 Budget Amendment DISCUSSION: The following chart summarizes the proposed changes to the General Fund Budget: Current Budget Amendment Adjusted Budget Resources Annual Revenue $15,869,280 $238,636 $16,107,916 Use of Fund Balance Reserve 2,325,735 2,325,735 Total Resources $18,195,015 $238,636 $18,433,651 Total Appropriations 17,880,460 89,343 17,969,803 Impact to Fund Balance $314,555 $149,293 $463,848 The following chart shows the proposed change to the Fund Balance Reserves: Current Budget Amendment Adjusted $19,785,479 $149,293 $19,934,772 The City's current adopted General Fund Budget for FY04-05 shows anticipated resources of $18,195,015. It is recommended that the resource estimate be increased by $238,636 to $18,433,651. The current approved General Fund appropriations budget equals $17,880,460. It is recommended that this budget be increased by $89,343 to $17,969,803. These recommended changes in the General Fund estimated resources and appropriations result in an estimated $19,934,772, in General Fund unreserved fund balance at the end of the fiscal year. Revenues When the FY04-05 Budget was adopted careful consideration went into the preparation of the revenue estimates. Of special concern were the estimates for Property Taxes, Sales Tax and Motor Vehicle in Lieu due to the volatility of the State Budget and the changes in the local commercial business base. There have been several changes to the way the City receives revenues from the State. The following is a brief discussion of the changes: Sales Tax - The sales tax allocation of one percent was changed from one percent to .75%. The missing .25% is being replaced with property tax. These amounts are remitted to the City twice a year, in January and May. The City received its first installment on January 20. Based on current receipts, it appears that the current revenue estimate is in line and therefore will not be adjusted. Motor Vehicle in Lieu (VLF)1 ERAF III — The VLF has been reduced by approximately two thirds and will also be replaced by property tax. The replacement funds will be received twice a year, in January and May. The City received its first installment on January 20. Page 3 — FY04-05 Budget Amendment When the budget was prepared, the estimate was based on calculation factors provided by the League of California Cities for VLF. The total VLF was reduced for an additional possible reduction to assist the State with its deficit. This reduction was built into the revenue estimate for VLF. It appears that this reduction has taken the form of ERAF III which was enacted in August, 2004, through SB1096. This payment is being collected as a reduction in property tax remittances. The first half of which was taken in December 2004 and the second will be taken in April 2004. The State Controller's office has published new VLF revenue estimates for cities. These estimates are based on conservative numbers from the State Department of Finance and appear lower than the City's current receipts would indicate. In addition, rather than reducing the VLF estimate for the ERAF III shift the whole amount is indicated as VLF revenue. As a result the City's estimated revenue budget should be adjusted. To be conservative it is recommended that the revenue estimate be kept in line with that of the State Controller's Office and that the VLF revenue estimate be increased from $3,092,300 to $3,484,200 for an increase of $391,900. In addition, it is recommended that a negative revenue line item be created to account for the ERAF III payment of $397,480. The net difference as a result of these changes is a decrease of $5,580 in City resources. Other Changes to General Fund Estimated Revenues: The other increase in the General Fund estimated revenue is due to two factors. The first is the recognition in the budget of $223,673 federal grant from HUD Grant. These funds have been used to offset some of the cost of the construction of the Diamond Bar Center. In addition, the City has received a Federal Homeland Security Grant in the amount of $20,563 for the purchase of security cameras for the Diamond Bar Center. Changes to General Fund Appropriations: At the last City Council meeting, the City Council authorized and appropriated $40,000 for a contract for election services. In addition to that appropriation an additional $25,000 is being requested for other miscellaneous costs related to the special election. The total appropriation for the special election would then be $65,000. This cost will be slightly offset by the salary and benefit savings of $12,220 from City Council vacancy. It is requested that Information Systems Division be increased by $11,500 to cover the cost of specialized air conditioning in the computer room. Over the past year, the City has added several computer servers to its network. With this expansion, the current air circulation isn't adequate causing the room to become extremely warm when the door is closed. General Government is being increased by $6,000 to cover unanticipated Letter of Credit fees for the bond issue. During FY03-04 the City Council approved a contract with John Bingham for the purpose of creating a Hazard Mitigation Plan. The purchase order covering this service was closed at the end of the fiscal year prior to the work being completed. As a result the appropriation lapsed at year-end. Therefore it is requested the $18,000 be reallocated to cover this previously authorized expenditure. Page 4 — FY04-05 Budget Amendment The increase requested for the Diamond Bar Center — Operations is for the security cameras purchased with the previously mentioned Homeland Security Grant revenue. Capital Improvement Projects In October, 2004 the City Council authorized $725,000 from General Fund reserves for additional work done at the Diamond Bar Center by KPRS Construction Services, Inc. At the time of authorization, the City Council actually approved as much as $750,000 with the understanding that staff would return at mid -year for any additional appropriation as necessary. The additional appropriation requested is $20,500. To improve traffic circulation, there have been two traffic signals that have been identified for modification. One of these signals is located at Diamond Bar Blvd. and Mountain Laurel Way and the other is located at Brea Canyon and Silver Bullet. The estimated cost of these modifications is $40,000 each for a total of $80,000. The funding source of these improvements will be from Prop C — Transit funds. PREPARED BY: Linda G. Magnuson REVIEWED BY: �.�� n Departm nt ead Deputy it anagen Attachments: (1 )Resolution and (2) Budget Worksheets RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE FY04-05 MUNICIPAL BUDGET. WHEREAS, the City Council has adopted Resolution No. 2004-32, A Resolution of the City Council of the City of Diamond Bar approving and adopting a budget for the City of Diamond Bar for the Fiscal Year commencing July 1, 2004 and ending June 30, 2005 including maintenance and operations, special funds and capital improvements and appropriating funds for accounts departments, divisions, object and purposes therein set forth (herein referred to as the "Budget"); and WHEREAS, the City Council may choose to amend the Budget from time to time throughout the fiscal year; and WHEREAS, an amendment to the FY 2004-05 Budget is attached as Exhibit A; and WHEREAS, the Amendment has been discussed by the City Council at both a Study Session and City Council meeting; and WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The City Council hereby finds and determines that the General Fund Budget be amended as set forth in the attached Exhibit A, General Fund Budget Amendment Summary. Section 2. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown on the attached Exhibit. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of , 2005. Wen Chang, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk of the City of Diamond Bar , Exhibit A CITY OF DIAMOND BAR GENERAL FUND BUDGET AMENDMENT SUMMARY FY 2004-05 Total Resources APPROPRIATIONS City Council City Attorney City Manager/City Clerk Finance Human Resources Information Systems General Government Public Information Law Enforcement Volunteer Patrol Fire / Animal Control Emergency Preparedness Community Dev./Planning Building & Safety Neighborhood Improvement Economic Development Community Services Diamond Bar Center - Operations Park Operations Recreation Public Works Engineering Road Maintenance Landscape Maintenance Transfer -Out Other Funds Total Appropriations Est. Excess Resources over Approp. Unreserved Fund Balance @ Beg of FY Less Uses of Unreserved Fund Balance Est Unreserved Fd Bal ® End of FY 18,195,015 238,636 18,433,651 160,550 Current 148,330 Adjusted Bud et Amendment Budget ESTIMATED RESOURCES 416,620 416,620 Property Taxes 2,787,000 (397,500) 2,389,500 Other Taxes 4,754,400 868,710 4,754,400 State Subventions 3,123,800 391,900 3,515,700 From other Agencies 358,000 244,236 602,236 Fines and Forfeitures 717,000 97,260 717,000 Building Fees 1,154,100 18,000 1,154,100 Planning Fees 100,000 678,265 100,000 Engineering Fees 245,000 300,800 245,000 Recreation Fees 563,360 563,360 Special Event Fees 80,000 421,150 80,000 Rents & Concessions 367,200 593,560 367,200 Other Revenues 328,000 328,000 Transfers -In Other Funds 1,291,420 518,350 1,291,420 Reserved Fund Balance 403,475 1,241,400 403,475 Reserved Fund Balance -CIP Transfer 1,922,260 1,922,260 Total Resources APPROPRIATIONS City Council City Attorney City Manager/City Clerk Finance Human Resources Information Systems General Government Public Information Law Enforcement Volunteer Patrol Fire / Animal Control Emergency Preparedness Community Dev./Planning Building & Safety Neighborhood Improvement Economic Development Community Services Diamond Bar Center - Operations Park Operations Recreation Public Works Engineering Road Maintenance Landscape Maintenance Transfer -Out Other Funds Total Appropriations Est. Excess Resources over Approp. Unreserved Fund Balance @ Beg of FY Less Uses of Unreserved Fund Balance Est Unreserved Fd Bal ® End of FY 18,195,015 238,636 18,433,651 160,550 (12,220) 148,330 90,000 90,000 908,875 25,000 933,875 416,620 416,620 294,540 294,540 498,255 11,500 509,755 868,710 6,000 874,710 414,200 414,200 4,460,000 4,460,000 13,150 13,150 97,260 97,260 10,450 18,000 28,450 678,265 678,265 685,200 685,200 300,800 300,800 628,995 628,995 421,150 421,150 600,300 20,563 620,863 593,560 593,560 1,126,995 1,126,995 518,350 518,350 456,115 456,115 1,241,400 1,241,400 234,460 234,460 2,162,260 20,500 2,182,760 17,880,460 89,343 17,969,803 354,555 149,293 463,848 21,796,659 21,796,659 2,325,735 0 2,325,735 $19,825,479 $149,293 $19,934,772 .Exhibit A City of Diamond Bar Mid Year Budget Amendment FY04-05 General Fund Capital Improvement Projects List Changes TS Modifications @ DB Blvd/ Mountain Laurel Wy 40,000 New Project - Prop C Funding TS Modifications @ Brea Cyn Rd/Silver Bullet 40,000 New Project - Prop C Funding $80,000 Original Increase/ Amended _Budget (Decrease) Budget Revenues Motor Vehicle in Lieu (VLF) 3,092,300 (2,803,380) 288,920 State Revenue Est Chg Property Tax in Lieu - VLF 3,195,280 3,195,280 State Revenue Est Chg ERAF III (397,480) (397,480) New Legislation Federal Grants - HUD 223,673 223,673 DBC Construction Grant Federal Homeland Security Grant 20,563 20,563 DBC Security Cameras Total Revenue Change 238,656 Appropriations City Council - Salaries & Benefits 123,550 (12,220) 111,330 Salary Savings CM/CC - Elections 0 25,000 25,000 Special Election IS - Misc Equipment 750 11,500 12,250 Cooling Equip/Computer Rm GG - Bank LOC Fees 163,000 6,000 169,000 Budget Refinement Emer Prep - Prof Svcs 0 18,000 18,000 Balance of NHM Plan Contr DBC - Misc Equipment 100,000 20,563 120,563 Homeind Sec Grt-Sec Cameras Transfer out - CIP 1,922,260 20,500 1,942,760 DBC Contract Settlement Total Appropriation Change 89,343 Net Increase to Ending Fund Balance $149,313 Capital Improvement Projects List Changes TS Modifications @ DB Blvd/ Mountain Laurel Wy 40,000 New Project - Prop C Funding TS Modifications @ Brea Cyn Rd/Silver Bullet 40,000 New Project - Prop C Funding $80,000 Agenda # 6.10 Meeting Date: February 1 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of City Council VIA: Linda C. Lowry, City Manager e �vAT TITLE: Ratification of an Award of Contract for Emergency Temporary Storm Protection and Appropriation of $43,500 from General Fund Reserves. RECOMMENDATION: Approve. BACKGROUND: On January 11, 2005 a mudslide of approximately 100 feet wide by 135 feet in length occurred on private property between five single family residential homes. The slide mass emanated from two homes on Minnequa Drive moving toward three homes located on Sunset Crossing Road. All five homes were evacuated and "red tagged". As a result of the mudslide and other storm related damage, the City Manager declared a Local Emergency on January 12, 2005. On January 17, 2005 Kleinfelder, the City's Geotechnical Engineering consultant, submitted suggestions for the temporary storm protection of the slope failure area. These suggestions included covering the slope with plastic, sandbagging the terrace drains to prevent surface water from entering the distressed area, and redirecting the water from these drains to a suitable collection point. Additionally, adequate drainage within the failed slope was needed to prevent surface water from accumulating and saturating the hillside further. On January 18, 2005, approximately eleven contractors were contacted to submit bids to perform the installation of the temporary storm protection per Kleinfelder's recommendations. Four companies agreed to meet at the site on January 19, 2005 for a pre -proposal meeting. Two contractors attended the presubmittal site meeting conducted by City Staff and Kleinfelder to assess the damage and amount of work required to complete the temporary storm protection. Bids were due on Friday, January 21St at 1:00pm. The City received two bids to perform the work. The first bid was submitted by Erosion Control Specialists (ECS) in the amount of $38,500.00. The second bid was submitted by Mellon Grading, Inc. in the amount of $45,360.00. The availability of the contractor to perform the work became a critical aspect as we were in the midst of the rainy season and the site required immediate protection of the slope to attempt to prevent erosion, control drainage and reduce movement of the hillside. The bids were reviewed by City staff who unanimously concluded that while ECS was the low bidder they also best understood the critical timeframe of the project and the City's need to expedite the performance of the work. A $5,000 contingency is requested to permit the City Manager to expend additional resources, if necessary. City staff issued a notice to proceed effective January 22, 2005. Crews began working on Monday, January 24, 2005. Sandbags have been placed behind the Minnequa homes to prevent surface water from entering the landslide area. Sandbags have been placed at the bottom of the landslide to direct water and the failed soil mass from the Sunset Crossing homes. The contractor is in the process of covering the distressed area with visquene in order to direct rain water from absorbing into the slope area. Due to the recent rains we encountered on Wednesday January 26, 2005 and Friday, January 28, 2005, complete coverage of the slope is estimated to occur on January 29, 2005. On January 12, 2005 the City met with the all five effected homeowners. The City discussed the immediate need for the residents to protect the hillside from further damage. The residents asked the City to coordinate the measures necessary to protect the properties from future rain storms. The City has no responsibility for the protection or repair of private property; however, in an effort to assist and at the request of the homeowners, the City agreed to engage a contractor and take temporary measures, at the homeowners' expense. All five homeowners were mailed a letter on January 14, 2005 confirming their authorization for the City to perform this work and their agreement to reimburse the City for its costs. On January 24, 2005 City staff met with all five homeowners to discuss the temporary storm protection measures undertaken by the City. A Release of Liability, License and Agreement to Perform Emergency Temporary Storm Protection was presented to the homeowners for their review and signature. The declaration of a local emergency and authorization from the homeowners permitted the City Manager to engage a contractor for the Temporary Storm Protection measures. The City Council is asked to ratify the action and appropriate $43,500 ($38,500 contract, $5,000 contingency) from General Fund Reserves. PREPARED BY: mes DeStefano Assistant C ty Manager Attachments: Contract Agreement, dated January 24, 2005 CITY COUNCIL Agenda # ___6.11 Meeting Date: 02/01/05 AGENDA REPORT TO: Honorable Mayor and Members Oe City Council VIA: Linda C. Lowry, City Mana Fv��x TITLE: AWARD OF CONSTRUCTION CONTRACT IN THE AMOUNT OF $269,327.00 PLUS 10% CONTINGENCY AMOUNT OF $26,932.70 FOR TOTAL AUTHORIZATION OF $296,259.70 TO CS LEGACY CONSTRUCTION, INC. FOR CONSTRUCTION OF IMPROVEMENTS AT STARSHINE PARK, PLUS APPROVAL OF ALLOCATION OF $92,521 OF PROPOSITION 40 FUNDS TO FULLY FUND THIS PROJECT. RECOMMENDATION: Award contract and approve allocation. FINANCIAL IMPACT: Current funding for this project in the adopted 2004105 FY Budget: Proposition 40 Grant State Playground Cover Grant State Jobs Housinq Grant Total Current Funding: Estimated Cost of Project: Additional Allocation Needed: Construction Contractor Construction Contingency (10%) Design of Plans and Specs Duplication of Plans and Specs Plan Check Construction Inspection Total Estimated Cost: Total Estimated Cost Total Current Funding Total Additional Allocation Needed $140,663 $24,979 $84,338 $249,980 $269,327 $26,930 $33,230 $1,514 $1,500 $10,000 $342,501 $342,501 $249,980 $92,521 The City has a total of $413,327 in Proposition 40 Funds available from the State of California. $140,663 in Prop 40 Funds have already been allocated to this project, leaving $272,664 available for project allocation. In order to fully fund the Starshine Park Improvement Project, an additional allocation by the City Council of $92,521 in Prop 40 Funds is required. Staff is recommending that $92,521 of the $272,664 currently budgeted for additional improvements at Summitridge Park be used for the Starshine Park project. ►1 DIP The City released plans and specifications to receive bids for the construction of ADA Improvements at Starshine Park on Monday, November 29, 2005. Proposals were received from 11 contractors that were publicly opened on January 20, 2005 at Diamond Bar City Hall. Bids ranged from a low of $269,327.00 to a high of $495,360.00. The responsive low bidder is CS Legacy Construction, Inc. The contractor's license has been checked with the State of California and the license is active and clear. References have been checked and CS Legacy Construction, Inc. is qualified to complete the work required of this contract. DISCUSSION: The improvements that will be constructed in Starshine Park are: ♦ Two new walkways through the park. ♦ New handicapped ramps to access park from street parking and adjacent streets. ♦ Expanded tot lot with new equipment. ♦ Installation of security lights and drinking fountain. ♦ Installation of rubberized playground surface. Construction on this project should start by the end of February and be complete by the end of June. Prepared by: Ryan Wright, Recreation Supervisor REVIEWEDJEIY: REVIEWED BY: Director of Community Services Attachments: 1. Agreement 2. Bid Results James DeSte ano Deputy City Manager AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between CS Legacy Construction, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR between CS Legacy Construction, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Starshine Park Improvements in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Starshine Park Improvements in the City of Diamond Bar. The work to be performed in accordance with the Plans and specifications, dated January 20, 2005 (The Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated January 20, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. The CONTRACTOR agrees to complete the work within sixt(60),calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. C. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnities") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnities against and will hold and save Indemnities harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnities harmless therefrom. C. In the event Indemnities are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnities and any all costs and expenses incurred by Indemnities in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnities may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnities. 10. NON-DISCRIMINATION: Pursuant to' Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated anuary 20, 2005. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No, CS LEGACY CONSTRUCTION, INC. Date TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Date WEN CHANG MAYOR ATTEST: LINDA LOWRY CITY CLERK Date CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: APPROVED AS TO FORM: CITY ATTORNEY Date L CITY OF DIAMOND BAR BID 'SUBMITTALIOPENING WORKSHEET STARSHINE PARK IMPROVEMENTS BID OPENING DATE: THURSDAY, JANUARY 20, 2005 2:00 PM j� 14117 70 70 /-7 i� i7 101 CITY OF DIAMOND BAR BID SUBMITTAL/OPENING WORKSHEET STARSHINE PARK IMPROVEMENTS BID OPENING DATE: THURSDAY, JANUARY 20, 2005 2:00 PM CONTRACTOR IAMOUNT OF BID BID BOND I ADDENDUM 6. 2cy v J J� t-' ' 7� / Q (d / i '-7 l 7. co s. o 7b 7 ll CITY OF DIAMOND BAR BID SUBMITTALIOPENING WORKSHEET STARSHINE PARK IMPROVEMENTS BID OPENING DATE; THURSDAY, JANUARY 20, 2005 2:00 PM CONTRACTOR I AMOUNT OF BID BID BOND I ADDENDUM 10 i ill -7 11 10 �v 12 13 AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between CS Legacy Construction, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR; and WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Starshine Park Improvements in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Starshine Park Improvements in the City of Diamond Bar. The work to be performed in accordance with the Plans and specifications, dated Januar 2005 (The Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2, INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated January 20, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. The CONTRACTOR agrees to complete the work within sixty calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a, shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnities") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnities against and will hold and save Indemnities harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnities harmless therefrom. In the event Indemnities are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnities and any all costs and expenses incurred by Indemnities in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnities may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnities. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated January 20, 2005. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. CS LEGACY CONSTRUCTION, INC. By: Date TITLE Date Date CITY OF DIAMOND BAR, CALIFORNIA M. WEN CHANG MAYOR ATTEST: By: LINDA LOWRY CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: APPROVED AS TO FORM: CITY ATTORNEY Date Agenda # 7-1 Meeting Date: February 1 2005 CITY COUNCIL AGENDA REPORT —�� C�07iPORa�'LO TO: Honorable Mayor and Members of,the City Council VIA: Linda C. Lowry, City Manager tA.4. TITLE: ORDINANCE No. XX (2005) ADOPTING DEVELOPMENT CODE AMENDMENT NO.2005-01 REGARDING DIAMOND BAR MUNICIPAL CODE SECTION 22.36 RELATING TO THE SUBSTITUTION OF NON-COMMERCIAL MESSAGES FOR ON- SITE SIGNS. RECOMMENDATION: Approve first reading by title only. BACKGROUND: Because of a recent court challenge, the City Attorney has advised the City to amend the Sign Code by adding a "Substitution" clause that allows a sign owner to substitute an on-site sign with non- commercial speech. On January 25, 2005, the Planning Commission conducted a duly noticed public hearing, considered the public testimony and recommended approval of the amendment. DISCUSSION: Generally, the City is not permitted to regulate signs on the basis of content, but only on physical characteristics such as size, location and design. A "Substitution" clause allows a sign owner to substitute non-commercial speech on an otherwise legal sign. For example, a sign owner could remove the name of the store and substitute a political or religious message. Traditionally, commercial speech is less protected than non-commercial speech, and without a substitution clause the City appears to favor commercial speech over non-commercial speech. This is because non- commercial speech may be prohibited on signs where commercial speech is allowed. Without the substitution clause, the prohibition of non-commercial speech on a commercial sign could invalidate the City's Sign Codes. Staff does not anticipate any property or business owners applying to place non-commercial speech on a commercial sign as it is not financially advantageous to do so. The Planning Commission agreed with the advice of the City Attorney and with staff assessment relating to whether business owners would want to change a sign to a non-commercial message. At the conclusion of the public hearing, the Planning Commission recommended approval of the proposed amendment. The "Substitution" clause written by the City Attorney is as shown in the attached Ordinance. ENVIRONMENTAL ASSESSMENT: In accordance with the provisions of the California Environmental Quality Act (CEQA), Section 15061(b) of Article 5 of the California Code of Regulations and Guidelines promulgated thereunder, the City has determined that this project is exempt and no further environmental review is required. NOTICE OF PUBLIC HEARING: On January 18, 005, notice for this application was published in t Inland Valley Daily Bulletin and the San Gabri alley un sing a one -eight page adr iso , en . Prepar d B ancy ng, AIC Reviewed By'James DeStefano Planning Manager Assistant City Manager Attachments: 1. Draft Ordinance No. (XX) 2005 2. Planning Commission No. 2005-02 ORDINANCE NO. (2005) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING THE DIAMOND BAR MUNICIPAL CODE BY AMENDING SECTION 22.36.030 (f) REGARDING SIGNS The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. The Diamond Bar Municipal Code is hereby amended by adding thereto a new Section 22.36.030 (f) to read as follows: "(f) Substitution Clause. Notwithstanding any other provision of this Code, any noncommercial copy may be substituted for any commercial copy on any sign permitted by this Code. If non-commercial copy is substituted, the resulting sign will continue to be treated as the original commercial sign under this Code and will not be deemed or treated as an off-site sign. The content of any noncommercial copy on any sign otherwise permitted by this Code may be changed without complying with any provisions of this Code normally required for sign copy or design approval." Section 2. If any section, subsection, sentence, clause, portion, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by decision of any court of any competent jurisdiction, such decision will not affect the validity of the remaining sections, subsections, sentences, clauses, portions, or phrases of this Ordinance. The City Council declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, portion, or phrase without regard to whether any other section, subsection, sentence, clause, portion, or phrase of the Ordinance would be subsequently declared invalid or unconstitutional. PASSED, APPROVED AND ADOPTED this day of )2005. Wen Chang, Mayor I, Linda C. Lowry, the City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar, California, held on the day of _, 2005, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar, held on the day of 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk PLANNING COMMISSION RESOLUTION NO. 2005-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING THAT THE CITY COUNCIL APPROVE DEVELOPMENT CODE AMENDMENT NO. 2005-01 A. RECITALS The City of Diamond Bar has initiated an application for Development Code Amendment No. 2005-01. Hereinafter in this Resolution, the subject Development Code Amendment shall be referred to as the "Application." 2. The Community and Development Services Department has determined that the following modifications to the Development Code are necessary in order to further implement the City General Plan: Article III Chapter 22.36. — Sign Standards Section 22.36.030(f) Substitution Clause 3. On January 14, 2005, notice for this application was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one -eight page in at least one newspaper of general circulation. On January 14, 2005, the City placed a one -eight page display advertisement in the above mentioned newspapers of general circulation. 4. On January 25, 2005, the Planning Commission of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 5. On January 25, 2005, the Planning Commission, after due consideration of public testimony, staff analysis and the Commission's deliberations, has determined that Development Code Amendment No. 2005-01 attached hereto as Exhibit "A" implements the Goals, Objectives and Strategies of the General Plan. I, James DeStefano, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 25th day of January 2005, by the following vote: AYES: Commissioners: McManus, Low, Vice Chair Tanaka NOES: Commissioners: Tye ABSENT: Commissioners: Nolan ABSTAIN: Commissioners: None. ATTEST: r ~ James DeStefano, Secretary 3 INLAND VALLEY DAILY BULLETIN (formerly the Progress Bulletin) 2041 E. 4th Street Ontario, CA 91764 PROOF OF (2015.'. STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States, I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principal clerk of the printer of INLAND VALLEY DAILY BULLETIN, a newspaper of general circulation printed and published daily far the City of Pomona, County of Los Angeles, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of June 15, 1945, Decree No. Por -no C-606. The notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 1/18/05 I declare under penalty of perjury that the foregoing is true and correct. Executed at Ontario, San Bernardino Co. California this la day of ,TANUARY 20 Q-5— signature 5 signature (Space below for use of County Clerk only) NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN BY THE CITY li OF DIAMOND BAR that the City Council will conduct a public hearing on the following item to determine whether or not the subject Development Code Amendment shall be, approved under the provisions of State law and the City of Diamond Bar's Development Code: Development Code Amendment No 2005-01 - This is a request to amend Diamond Bar Municipal Code Section 22.36. ARTICLE III Section 22.36 - Sign Standards: Amendment relates to the substitution of non-commercial messages for on-site signs. PROJECT ADDRESS: Citywide APPLICANT: City of Diamond Bar, 21825 Copley Drive, Diamond Bar, CA 91765 Environmental Determination: Pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15061(b) of Article 5 of the California Code of Regulations and guidelines promulgated thereunder, the City has determined that this project is exempt and no further environmental review is required. If you are unable to attend the public hearing, but wish to send written comments, please write to the Diamond Bar Community and Development Services Department/Planning Division at the address given below. You may also obtain additional information concerning this case by phoning (909) 839-7030. If you challenge this application and project in court, you may be limited to rajsing only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. TIME OF HEARING: 7:00 p.m. (or as soon thereafter that the matter can be heard) DATE OF PUBLIC HEARING: Tuesday, February 1, 2005 LOCATION- South OCATION:South Coast Air Quality Management District/ Government Center Auditorium 21865 Copley Drive Diamond Bar, California 91765 CASE MATERIALS: Are available for review between 7:30 a.m. and 5:30 p.m. Monday through 'Thursday and 7:30 a.m. to 4:30 P.M. on Friday, at the City of Diamond Bar Community and Development Services Department/Planning Division, 21825 Copley Drive, Diamond Bar, CA 91765. Published: January 18, 2005 #117194