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Home My WebLink About3/15/2005Tuesday, March 15, 2005 6:00 p.m. — Study Session — Room 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 MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL posted in the City's regular posting locations, on DBTV Channel 3, and on the Agendas for regular City Council meetings are available 72 hours prior to the meeting and are City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting in the foyer just outside the Council chambers. The City Council may take action on any item fisted on the agenda. _ ACCOMMODATIONS FOR THE DISABLED 'A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a 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) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General Information: (909) 839-7000 '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 Next Resolution No. 2005-15 Next Ordinance No. 05(2005) STUDY SESSION: 6:00 P.M. Room CC -8 00. Illuminated Street Name Signs Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: To be announced ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1. Proclaiming April, 2005 as "Fair Housing Month." 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Council Candidate Update 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and aive it to the City Clerk com letion of this form is volunta There is a five-minute maximum time limit when addressin the City Council. March 15, 2005 PAGE 2 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 COMMUNITY FOUNDATION MEETING — March 17, 2005 — 7:00 p.m., Room CC -8, AQMD/Government Center, 21865 Copley Dr. 5.2 PLANNING COMMISSION MEETING — March 22, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. — 5.3 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING — March 22, 2005 - 7:00 p.m., Room CC -3, AQMD/Government Center, 21865 Copley Dr. Neighborhood boundaries are Grand Ave. on the north, Brea Canyon Rd./Golden Spgs. Dr. on the west, Pathfinder Rd. on the south, and Diamond Bar Blvd. on the east. 5.4 SAN GABRIEL RIVER STUDY TOWN HALL MEETING —March 23, 2005 — 7:00 p.m., Grand View Ballroom, Diamond Bar Center, 1600 Grand Ave. 5.5 PARKS AND RECREATION COMMISSION MEETING — March 24, 2005 — 7:00 p.m. Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.6 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING — March 24, 2005 - 7:00 p.m., 'Pine Room, Diamond Bar Center, 1600 Grand Ave. — Neighborhood boundaries are SR -60 on the north, Golden Spgs. Dr. on the west, Grand Ave. on the south, and the City's easterly boundary. 5.7 BREAKFAST LIONS CLUB EASTER EGG HUNT— March 26,2005— 10:00 a.m., Pantera Park 738 Pantera Drive. 5.8 PUBLIC SAFETY COMMITTEE — April 4, 2005 — 7:00 p.m., D.B./Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut. 5.9 CITY COUNCIL MEETING — April 5, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Drive. 5.10 ACE OUTREACH MEETING (Brea Canyon Road Grade Separation Project) — April 6, 2005 — 6:00 — 7:30 p.m., Multi -Purpose Room, Walnut Elementary School, 841 Glenwick Ave., Walnut. March 15, 2005 PAGE 3 CITY COUNCIL 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1 .1 Study Session of December 7, 2004 - Approve as submitted. 6.1.2 Study Session of February 15, 2005 - Approve as submitted. 6.1.3 Regular Meeting of February 15, 2005 - Approve as submitted. 6.1.4 Regular Meeting of March 1, 2005 - Approve as submitted. 6.2 Parks and Recreation Commission Minutes: 6.2.1 Regular Meeting of January 27, 2005 - Receive and File. 6.2.2 Study Session of February 7, 2005 - Receive and File. 6.3 Ratification of Check Register - Ratify Check Register dated March 15, 2005 in the amount of $680,096.34. 6.4 Reject Claim for Damages - Filed by George Brumley Jr. on February 16, 2005. Recommended Action: Reject. Requested by: City Clerk's Division 6.5 Library Task Force List of Recommendations for further consideration and direct staff to obtain cost estimates. Recommended Action: Approve. Requested by: Library Task Force Committee 6.6 Creation of City Council Ad Hoc Audit Committee and Appointment of members to the committee. Recommended Action: Create Committee and appoint two members. Requested by: Finance Division March 15, 2005 PAGE 4 CITY COUNCIL 6.7 Legislative Actions: (a) Adopt Resolution No. 2005 -XX: Supporting California State Assembly Bill 267 (Daucher) to expand the time frame for Advanced Expenditures made by Jurisdictions on Transportation Projects to be reimbursed by the State. Recommended Action: Adopt. (b) Adopt Resolution No. 2005 -XX: Supporting California State Assembly Bill 343 (Huff): Utility User Taxes: Exemption, which will exempt Local Agencies and School Districts from Utility Taxes on the Use of Compressed Gas for Transportation Purposes. Recommended Action: Adopt. (c) Adopt Resolution No. 2005 -XX: Supporting California State Assembly Joint Resolution 7 (Huff): Zip Codes: which urges the United States Postmaster to create zip codes that do not encompass more than one municipality. Recommended Action: Adopt. (d) Adopt Resolution No. 2005 -XX: Urging Congress to Protection the Community Development Block Grant Program in the FY 2006 Federal Budget. Recommended Action: Adopt. Requested by Legislative Sub -Committee 6.8 Authorization to exceed the City Manager's Purchasing Authority of $25,000 to extend vendor services for Senior and Adult Excursions provide by Inland Empire Stages Ltd., in an amount not to exceed $40,000 for FY 2004-05. Recommended Action: Approve. Requested by: Community Services Division March 15, 2005 PAGE 5 CITY COUNCIL 6.9 Approve for Second Reading by title only and Adopt Ordinance No. 04(2005) Amending the Development Code Pertaining to Second Units, Guest Houses, Second Kitchens, Number of Parking Spaces, Outdoor Display and Sales, and Discretionary Review Processes and Definitions. Recommended Action: Adopt. Requested by: Planning Division 6.10 Award of Contract to perform to Environmental Impact Sciences for Preparation of a Supplemental Environmental Impact Report in the amount of $99,905 for a residential development of 102 Single Family Homes (JCC Homes) located at the south side of the terminus of Larkstone Dr. — APN: 8763-026-907 portion, 8765-005-905, 8756-005-1 through 3. Recommended Action: Approve. Requested by: Planning Division 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 Adopt Interim Urgency Ordinance No. 0X(2005): to prohibit the establishment of Medical Marijuana Dispensaries. Recommended Action: Adopt. Requested by: Planning Division 8.2 Consideration of Amendments to the Bylaws of the D.B. Community Foundation — Recommended Action: Approve. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION INTERVIEWS FOR VACANT CITY COUNCIL POSITION December 7, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 1:00 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 Chang, O'Connor, Mayor Pro Tem Herrera and Mayor Zirbes. Staff Present: Linda Lowry, City Manager; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager and Acting City Clerk. ► Review of Applicants for Appointment of City Council Member: Following a brief review of the interview process, Council commenced to interview applicants: Gary W. Lawson C/Chang: Tell us how much you know about the City of D.B., what in your opinion are the most serious issues it faces and what are your recommendations: Mr. Lawson said he felt he knew quite a bit about the City. He has lived in D.B. for 22 years, raised his family here and participated in many community events. In fact, "Shop Diamond Bar" and "Stop Grand Avenue" were his ideas. The three biggest issues are traffic, maintaining a strong financial base and creation of a strong emergency system. He felt that one of the most important things D.B. could do would be to create an emergency and healthcare system. D.B. is on the exit route in case of emergency for potentially millions of people. If there were an earthquake or other major disaster in LA or Orange County everyone would look to D.B. We need to create an emergency and healthcare system in D.B. because we are at the crossroads of the exits on the way out to not only take care of the City's 60,000 people but also build in a safety net that would help the millions of people that would pass through here. Will it happen — hopefully not, but we have the opportunity to set up the system in case it does happen. He felt prevention was probably the number one important issue. C/O'Connor: What is your personal availability to serve on the Council? Mr. Lawson said he was glad he was asked that question. He was close to being a father with no children at home. He has two businesses that run themselves and just finished his second doctorate with luck this Thursday at 10:00 a.m. He has been in college for the past 15 years and has had children at home and soon both of those things will come to an end. One of the reasons he came to interview today was because he was panicked last week and saw the ad on cable television. His availability has never been greater because he does not need to work. DECEMBER 7, 2004 PAGE 2 CC STUDY SESSION M/Zirbes: Gary, if you are familiar with the City Council's Goals & Objectives, which are most important to you? Mr. Lawson: The most important goal is to get people to shop locally to increase the City's tax base and to help local businesses. For whatever reason, and I think it is because this is a very diverse City, people seem to go outside of the City to do most of their shopping. People go to Brea and Chino Hills and as a result, the local merchants are dying. This is particularly evident with the shopping center in south D.B. You can tell by talking to them about their operations that our merchants do the best they can but for whatever reason people choose not to shop locally and he felt that should be the Council's goal — to work with the business community and to help people recognize they need to help support their community all the way. MPT/Herrera: What special skills or knowledge do you have that you think would benefit the City and why? Mr. Lawson: One of the things is that I'm a good organizer. And we have 3000 people on the "Stop Grand Avenue" committee when we got Schubarum to put the signs up. It is important to take the diverse population where every house has a different ethnic group and or ethnic religion, and try and meld it into what is considered the perfect rainbow coalition. I think my skills would be to help bring businesses to the community, bring healthcare and hospital services to the community and to help bring together a divided community. C/Chang: What do you think about our, since you talk about shopping in D.B., commercial development and any of the suggestions that you have. Mr. Lawson: I originally brought "Shop Diamond Bar' to the Chamber of Commerce about 15 years ago. What I gave to the Chamber of Commerce was watered down quite a bit from my original idea to get people to organize and to shop D.B. The reason he did it 15 years ago was to put out sidewalk businesses. We have a large number of people that have businesses where they can sell things off the sidewalk. If you use the buses that you have and can get the people that are doing home projects and jewelry. We help those people; as well you can get more people to stay in D.B. But the commercial development has to be done if you're talking about the big one? We have to look at it as part of the source of income for the City so there has to be a priority as to if we do commercial development, does it bring a source of income into the City. C/O'Connor: You mentioned that some of your community service experience was the "Stop Grand Avenue" and "Shop Diamond Bar." Have you been involved with any City task forces or other committees throughout the years? Mr. Lawson: No. M/Zirbes: You talked a little bit about some of your background. Tell us why you think Gary Larson would be an effective Council Member. DECEMBER 7, 2004 PAGE 3 CC STUDY SESSION Mr. Lawson: For the same reason that I think the four of you are effective Council Members. I believe that you have to love the City and you have to understand that the job that you're doing and that I'm requesting to do is not an easy job. It is a lot of work and I'm willing to do it. I'm willing to step up to the plate, I'm going to bring my educational background and my caring for D.B. to the forefront and do the best job I can for the City. MPT/Herrera: Are you a registered voter? C/O'Connor: Do you vote? Mr. Lawson: Absolutely. C/Chang: Any recommendations about the traffic problems in the City? Mr. Lawson: I have no recommendations for traffic. That is our mandate. When we see this on television every morning that is who we are. I think that the best we could do is mitigate the situation as best we can and to take it step by step as you have done in the past. We have 30,000 cars going through our streets every day and I don't see an alternative. The freeway expansion will help and I know that that SR 60 — what we're doing there is going to help. You're moving in the right direction. But do I have anything special, no. C/O'Connor: Why should the four of us pick you? Mr. Lawson: I would guess because I'm one of the few — I have a great academic background for people. From an entrepreneurial standpoint and from a business standpoint there are few people — I've done 10 successful businesses in D.B., built them up and sold them and I have two successful businesses now. You need to have a successful businessperson to be able to deal with businesses that are already here. M/Zirbes: With regard to economic development, when you consider the type of retail base that we currently have and understanding that sales tax revenue is an important stream to help the City move itself forward, what types of businesses or retail types of stores do you think the City of D.B. needs? Mr. Lawson: The City of D.B. probably needs to do a survey first with consumers to figure out why they don't shop here before we determine what stores should come into the area. We've had a lot of stores and restaurants and businesses come in here and fail. I think that the first shot is to figure out why people go to Brea Mall, Puente Mall. People are waiting in line for restaurants in Chino Hills and the restaurants in D.B. are dying. So i think the first step is to figure out what it is that people are looking for in those shopping areas that we could do here and then figure out how to maximize our sales tax support of those. Of course car dealers are the best for cities and then most hotels/motels have city taxes which would be great but I'm not sure there are motels or hotels that are being maximized. I don't see them with enough business where we could maximize those. So car dealers would of course be the best as far as revenue/taxes. But I think the biggest thing is what can we tell businesses about our people that are going to make businesses want to come here. In other words, if we did a study that DECEMBER 7, 2004 PAGE 4 CC STUDY SESSION asked where do you go, where do you shop, what do you buy and if we were to put "this" in D.B. would you patronize it? And if we came up with a positive then we could use that information to go to an appliance dealer or to someone who would bring in tax revenues. I think we have to go first to the people to figure out where they shop and then go to businesses and tell them that we now have a business for them and can they do the business. MPT/Herrera: What is your opinion of the growth and development in the City in the last 10 years, particularly commercial development. Mr. Lawson: Strictly from what I've observed I haven't seen a lot of commercial development in the City in the last 10 years. I'm just a casual observer and I don't have an opinion. I think that we needed to look at commercial as it relates to increasing the income of the City. Mr. Lawson: What happened was when I first got to D.B., it was 22 years ago, and I moved in here with my wife into our first house after being married. And when I came in here I was a little naive and I wanted to help D.B. So I raised my hand. And once you raise your hand in D.B. your hand never goes down. And after about five or six years I was inundated with every conceivable community constraint and you burn out because it's the same 50 people that do everything in D.B. It's one of the most laid back cities that you'd ever want to be in and so after awhile you still have the same 50 people at this function, this function, this function, this function and on and on. And after awhile you get tired of saying I'll raise my hand and I grow tired and I say I'm not going to do it because it's 50 people — it's literally 50 people. And so what happened now is that I have the time now and the time to do the job. I'm not naive; I'm not a kid. I realize what I'm getting into to. And it's no longer an idealistic pursuit of something that's good for D.B. I'm doing it because this is something i choose to do. Joe McManus C/Chang: Tell us what you think about the City and what are the major things about which you are concerned and what would be your major recommendations. Joe McManus: I like the City. It's why I'm still here. It's a lot different than when I first moved here but I think there are still a lot of nice people here. My concerns about the future of the City would be the economic situation. The loss of two of our largest sales tax generators is going to create a problem for us. And in order to be successful with your business the City, County and State have to be economically viable. So that would be probably my first primary concern. And then like everybody else here, traffic is a concern. Can we close Grand Avenue at the County line? C/O'Connor: Why should we pick you over the 15 other applicants? Joe McManus: That's a difficult question since I don't know the other applicants. I don't know their qualifications and I don't know anything about them. All I can speak for is my DECEMBER 7, 2004 PAGE 5 CC STUDY SESSION own qualifications as far as my experience, my involvement in the community. One thing I did leave off of my resume was that I was one of the original founders of the D.B. Ranch House, which took a lot of time and work. M/Zirbes: What would make you an effective Council Member to serve with the sitting Council Members. Joe McManus: I supported all of you when you ran for City Council. I would think that would help our relationship some. Well probably again my experience with the other people I know. I believe we could probably get a lot done together. MPT/Herrera: What is your opinion of development in the City in the last 10 years, especially commercial development. Joe McManus: Well, Transamerica left us with a mess. And since I sit on the Planning Commission I know pretty much what we're hoping for now and what you guys are targeting and I think we're definitely on the right track. I'd like to see us do some things like some of the other communities have done because we need to bring in some shopping which we're working on both at Grand Avenue and Golden Springs and also Site D. And I know what we're working on getting there so hopefully we can get something there. My wife needs a place to shop. The commercial development needs to happen. We just need to be careful how we do it as far as being able to support the infrastructure and that sort of thing. And that also leads us back to the tax base — especially if we can get the people we're talking to here. C/Chang: Which one of the Council goals is most important to you and what is your suggestion for making the City better? Joe McManus: Go back to the economic development part of it. That's got to happen. We need the tax base if we're going to remain viable. And you work and you're on the right track. You write down all of your goals and I know what you're doing being on the Planning Commission so I think you're on the right track and I don't know how you can improve conceptually which one it is because that's what needs to happen. C/O'Connor: What's your feeling about the Tanner Canyon bypass road? Joe McManus: I was with the original people that proposed the Tonner Canyon bypass road before we became a City and before we opened Grand Avenue. The Highway Patrol showed up at a PAC meeting one night and said that the minute we opened Grand Avenue it would be at 100 percent capacity. As far as Tonner Canyon bypass road I think it almost has to happen or the traffic is going to get worse. And Caltrans a big help with their signs "this way to Chino Hills" and this way to you know. M/Zirbes: Serving on the City Council requires a lot of time and a lot of dedication. Do you have any time constraints that would stop you from doing the duties as a City Council Member? DECEMBER 7, 2004 PAGE 6 CC STUDY SESSION Joe McManus: Not that I can imagine since I live and work in D.B. I have for a long time and I've been active in a lot of the groups, as you know. I find time to do that when I've got a job to do. I volunteer to do something and I do it. MPT/Herrera: Are you a registered voter? Joe McManus: Yes, I am. C/Chang: We know that you have been quite involved in City activities. Tell us from your knowledge and experience specifically how you would benefit the City. Joe McManus: Having lived here for 26 years I know a lot of people and would of the things I would like to see the City do is to work closer with the business community to support the business and economic development. For instance the Chamber has gotten hot and cold. Chambers are to serve the City and the business community first. So it's a one hand washes the other relationship which is what it should be. And I have a lot of contacts in the business community being a business owner here in D.B. C/O'Connor: Are you a member of the Chamber? Joe McManus: No. I sat on the Board at one time, but at the moment, no. M/Zirbes: What would you say are two or three things about the City of D.B. that make it a great city to live in? Joe McManus: First of all, people, there are a lot of nice people in D.B. and secondly, think it is a beautiful area with the rolling hills and all of that sort of thing. We enjoy the ambiance here if you don't look at the traffic. And third, the Walnut School District, one of the biggest assets we have. MPT/Herrera: Do you have any questions of us? Joe McManus: No. C/Chang: Based on your experience with the Chamber and the fact that the City has been trying to help the Chamber and you are saying that your business contact would help that situation, could you elaborate. Joe McManus: I'm not sure how the City is encouraging people to shop in D.B. right now other than the website. When I go to other communities 1 see signs encouraging people to shop in the city. D.B. used to have a "Shop D.B." when I was on the Chamber board and there were all sorts of things the Chamber put out at that time. Unfortunately, we've lost some of the shopping in D.B. so it's kind of one hand washes the other there too because we need to get, if we can get a Target and Home Depot or some of these people in town it's going to be a little bit easier to keep people in town to shop. I was in a meeting one time with the City with the previous Council and it was nothing like this Council. And somebody stood up during the meeting and said "I don't DECEMBER 7, 2004 PAGE 7 CC STUDY SESSION shop in D.B. I go to Brea or Diamond Point" and I was gnashing my teeth because at that time we had the Boston Store and other places you could buy things you need, but this guy and his group intentionally left town to shop. Things like "shop D.B." and other projects where the City and Chamber could work together to promote the City's business would be good. If the City brings in the businesses it is looking to bring in and if we're successful at that it would make it a lot easier. C/O'Connor: Are you aware that we have two school districts in D.B. Joe McManus: Acutely. C/O'Connor: I know that you mentioned the Walnut Unified School District but you did not mention the other one. Joe McManus: I've had friends move from the north to the south to get to D.B.H.S C/O'Connor: Do you feel that the City should have a Chamber? Joe McManus: One of my brother -in-laws is a Chamber professional. And Chambers are very, very functional and very, very good for a City or community when they are functional. So yes, you need that because most people even when they travel to a city one of the first places they visit to find services is the Chamber of Commerce. M/Zirbes: If we were to make a pitch to this voting board as to why we should select Joe McManus, what would your closing statements be? Joe McManus: Probably because of my involvement and commitment to the City in the past. I am committed to the community and make time to do the things that I need to do and when I do them I do them to the best of my ability. And I've put whatever organization I'm a part of first because now that I'm on the Planning Commission. Being a contractor I was on the other side of the table so I know what it's like to deal with cities. And there's usually some animosity there. Now that I sit on the Planning Commission there are decisions that I've made that I would not have made as a contractor. But the Planning Commission is my first obligation. So that's the way I work. It would be better not to have four Council people voted in at the same time. I can't advise against that strongly enough because I've seen organizations and sat on boards where they split the boards up into three separate groups because it is amazing how you can destroy continuity if you have 80 percent of your group leave in one shot. It puts an excessive burden on the one person who remains on the board when others come in. C/O'Connor: You're aware that three Council positions are for a four-year term and one position would be running for a two-year term. Joe McManus: I thought you were going to set up a cycle of two-year terms because I heard a discussion about that..... DECEMBER 7, 2004 PAGE 8 CC STUDY SESSION C/O'Connor: No, because three of us would be running for a four-year term and there would be a separate ballot for the two-year term. Joe McManus: One time. C/O'Connor: Yes. If we did that in November of '05 it would be a one-time two-year and then that person in '07 with MPT/Herrera would run for a four-year term. Joe McManus: I intended to serve full time. As far as a temporary basis it would be a burden on staff with one person one time but we could probably survive that. Jimmy Lin C/Chang: Why are you interested in this position and what can you do for the City? Jimmy Lin: The reason I'm interested is because I think I can do something for the City because of my experience in government, in business and expertise in traffic and transportation. C/O'Connor: One of the big concerns is what is going to be your availability to serve on the Council and as you know, we have a lot of regional organizations we're part of so what is your personal availability. Jimmy Lin: I own my own business. I'm a CEO of a very large engineering consulting firm so I do have a lot of staff working for me. When you are in control you can control your own time. That part should not be a problem at all as far as I'm concerned. My business now is more in the region and I don't have to fly everywhere. So, about 95 percent of the time I sleep at home overnight. M/Zirbes: How long have you been in D.B. and what types of involvement have you had with organizations and associations during that period of time? Jimmy Lin: As I said to you in my resume I moved here two years and two months ago from the Kansas City area and I got involved in the homeowners association. I've been on the board for two years now. In addition I'm the publisher of a Chinese language newspaper in so many communities. Basically what it does is convey the message of the cities. In fact, we include mayor's corner every month and try to convey the City's message and the States message and the community message. We probably send out 5,000 papers every month. MPT/Herrera: What are the three things you think need improvement in D.B. Jimmy Lin: Everybody is talking about traffic and if you want to commute you have to go through here. So I think we are suffering from all of the spill back traffic from people who can't use the freeways. So traffic is a main issue. I am, by training, I am a traffic engineer and a good one too, if I say so. I'm in this business for 39 years so I can help DECEMBER 7, 2004 PAGE 9 CC STUDY SESSION the City resolve those issues. The other thing I think is probably economic development. I lived in a City when I was back in the Midwest very similar to D.B. Homes are very expensive and the City doesn't have a whole lot of money because there is no tax base. So how we improve in that arena is very important. And of course along with that is long-term finance of the City. So those are the three things I see. C/Chang: Those three things are things that people talk about. But can you talk about what you think could be done about those three things to make the City better. Jimmy Lin: Well, on traffic of course you know, it's difficult to have mobility and community harmony co -exist but there are ways to do that. 1 know the City's doing traffic calming right now in neighborhoods. The main thing is that we need to find a way for the bypass traffic to be minimized in the City. We then look at the overall regional transportation issues and using this forum of the Four Corners policy committee that has been formed to use as a benchmark. I cannot give you a specific plan but Diamond Bar Boulevard and Grand Avenue are the major problem areas and the only way we can do that since we cannot make Grand Avenue one way to the East the people from the East will use D.B. as a way to get to their destination. In terms of economic development I can count the number of retail shops we have in the City. It is very limited. And I think one way to do it is to work with the homeowners and the land developers and I do have experience in that area — to revitalize or to spend more on redevelopment to make it more of a quality development. One of the things I did in my previous city we talked to the big landowners to determine the zoning they wanted in exchange for 10 acres/5 acres to build city hall as an anchor tenant with a town center around it. That was probably one of the most successful development projects in the Midwest. You can certainly look at the website to find out what I was talking about. C/O'Connor: Why do you think we should select you over the other applicants? Jimmy Lin: I think my best quality is that I'm a consensus builder in city government, in congress and even in state assembly. Their decisions are pretty far-fetched from our daily life so we need to have consensus to move forward with the city's business. And I am a very good consensus builder. Consulting is my nature and my business and I've facilitated public meetings day in and day out during the past 30 years and I know how to work with people. M/Zirbes: You mentioned you had been here only a short time, but when you and your wife go out to shop or go out to eat, where do you do that? Jimmy Lin: We go to Albertson's quite a bit. And I'll never find a decent restaurant in D.B. I always drive somewhere else. We have a very simple life. MPT/Herrera: Are you a registered voter? Jimmy Lin: I have been for 35 years. C/Chang: Before you make a closing statement do you have any questions? DECEMBER 7, 2004 PAGE 10 CC STUDY SESSION Jimmy Lin: No. I leave it for you to ask me questions because obviously you would like to find out what I am and what I can do for the City. On your list here you do have a question that says "what would you say are three things that need improvement in D.B.?" and of course, traffic is always among number one. I would like to see D.B. as a home. When you walk in this place you feel like you're only coming to meetings. I'm saying it would be nice if the City would have a city hall, something we can strive for in the future. There are all kinds of way to finance a city hall. M/Zirbes: I ask,Mr. Lin for a closing statement if he has no more questions. Jimmy Lin: I would say that the reason I'm interested in this job is that I think I can do some good for the City and its quality because of my professional background and my municipal background and I think I'm very suited for this position. Sometimes when you have someone who has just moved here they provide a very fresh look at the City's problems. Especially for myself, I have experience and I came here two years ago. I can probably provide you with a different perspective about D.B. And there's one other thing. I'm from South Dakota so I'm very down to earth no-nonsense. My son is a medical doctor in Michigan. He was born and raised in the Midwest and this is too much for him. MPT/Herrera: What led you to D.B. Jimmy Lin: Well, my family is here in Southern California. They live in the Hacienda Heights area and when I came out here the realtor referred me to somebody here and when I told him I wanted to be in the middle of the metro area and he told me Diamond Bar is the place. And sure it is. M/Zirbes: You are somewhat familiar with the traffic patterns in the area. Are you familiar with what the City has been considering — a bypass corridor from the south that would take traffic to the east. Jimmy Lin: Yes. I'm very familiar with it and I think that it boils down to funding in the priorities. The State is now about $4 billion in the red. I'm very close to Caltrans because I deal with Caltrans all of the time in my business and with Bob Huff now being in Sacramento I think the funding is going to be easy. And we need to work closely with our representative to make sure we get the money. For a bypass we're looking at a minimum of $200 million maybe more. And right now I would say for the foreseeable future — the next three or four years, Caltrans just doesn't have $200-300 million to spend so we have to be more creative. Of course in California anytime you want to do a new highway it's probably a 10 -year process. Paul Akin C/Chang: Tell us why you are interested in this position. DECEMBER 7, 2004 PACE 11 CC STUDY SESSION Paul Akin: I think I'm qualified to do it. I've been in a homeowners association which is very small compared to the City but the things we've done are very similar to what you do. I survived for the last five years on the association government. The board and helped our association in a good direction and I think I can add some of the same talents to the City. C/O'Connor: One of our concerns is what is your availability to meet all of the different Council demands that we have. Paul Akin: I'm pretty flexible just like today. I think in the four or five years of meetings that we had I missed one or possibly two in that length of time. Not bragging, just trying to show you that I'm accommodating. C/O'Connor: Will you be able to attend meetings during the day as well as the evenings? Paul Akin: The day might be a little harder but with advance notice scheduling is always juggling. M/Zirbes: Sales tax revenue is an important component of the City's budget and thinking about the retail centers that we have, what ideas would you have for increasing the sales base in the City of D.B. Paul Akin: First off one thing. I think the City Council these last few years has done a good job in most all of the areas they've done. I complimented you on a good job. I think we need still to bring some more selective businesses to the City. I think first off we need to take care of the ones that are here and help them in many different ways to sustain their businesses and to help them grow. Small businesses are the backbone of America. So I don't have a specific plan in mind other to work with the other (Council) members and try our best to bring like the Trader Joe's you have in mind, Staples or Office Depot. Maybe not a Home Depot, but we need some more tax revenue certainly. We need some fine family restaurants. We've got a couple here, but we need a few more. MPT/Herrera: If you had to highlight three things that make D.B. a great place to live what would they be? Paul Akin: I would say number one is the people. We've lived here since 1976 and working with young children in softball, girl's softball, Little League, soccer and so forth. think it's a great place for the kids to grow up and learn. You don't have just a pocket of one kind of person you have a group, a mix. And that's probably D.B.'s best strength - its diversity. When children are young growing up in a diverse community can learn to get along and benefit from the mix. I think the location of D.B. even though the 57/60 is a traffic jam; the flip side is that it makes a great place to live. If you want to commute to L.A. or to San Bernardino/Big Bear — the mountains, if you want to go to the beach in Newport or if you want to go to Pasadena, the uniqueness of D.B. You know when you come into the City, you know when you go out of the City unlike San Fernando Valley DECEMBER 7, 2004 PAGE 12 CC STUDY SESSION where we came from in Reseda you drive from one City to the other and you're just a stoplight away and you have no idea when you went into or left the City. So the people, the uniqueness of D.B., and its proximity to diverse land and water areas. C/Chang: What do you think are the worst three things of D.B. and what can we do about it. Paul Akin: Well, it's not the City Council. The traffic as I said before that's almost a given and I think everybody would say the same thing. The traffic is terrible. The man or woman who designed that interchange needs to be shot. It's just terrible the way they laid that out. And now we're going through a massive upheaval for another three and a half years. And then certainly when they opened Grand Avenue to Chino Hills, we go to Chino Hills and shop over there like other people. However, selfishly for me and D.B, i believe that hurt us more than it helped us bringing all of that traffic right through. One of your questions was about long-range planning. I would hope — I hope I'm not jumping ahead, but I would hope someday around Tonner Canyon/Carbon Canyon out to the 71 who knows, 10-12 years from now, but they need to build some kind of a freeway to get a lot of that traffic off there. But the worst thing is the traffic. You on the Council have been working on the library. That's a big thing for the children. It's a cliche that they're our future and it's very true. You need to educate them and you need to have a place for them to learn. So I hope we can get some funding and get that underway and get the youngsters educated. I said something earlier about family restaurants. I think that's one of the businesses that can help. It's not bad but we need something more than Burger King and MacDonald's so there's a nice place to go. We could use three or four more like Carrows and Cocos. C/O'Connor: Have you ever participated in any of the task forces or committees the City has had over the years? Paul Akin: No. I did participate in the Sheriff's Citizen's Academy. Went through 13 weeks of that and was one of 13 who volunteered to help on the patrol and was turned down because I was too young. Somebody had an artificial age 50 limit and I was too young so that went by the wayside. I volunteered twice to be on the Safety and Security Committee and didn't make it there. That's probably the extent of the service organizations. I think I put down Little League and softball. I worked many years in Girl's softball. M/Zirbes: Tell us a little bit about your professional life and how you think that might benefit the Council's Goals & Objectives. Paul Akin: I've been a salesman all my life. I'm a national sales manager for a company that imports Japanese engine parts to the United States from Taiwan and sells them to the aftermarket. I have about 33-34 sales people who work for me nationwide. We service all of the United States and Latin America and Mexico. I've been there almost seven years now. Been in the aftermarket my whole life in different capacities, usually in management either as manager of different divisions and/or peoples. And I think with DECEMBER 7, 2004 PAGE 13 CC STUDY SESSION that background as well as some recent homeowner association activities I think all of those life experiences would help me be a good Council Member. MPT/Herrera: Are you a registered voter? Paul Akin: Yes. C/Chang: Well, Mr. Akin. You talk about the homeowner association. Do you feel the people inside the organization understand the outside community? Because many times the people outside feel that the people inside do not really know about the City and many times the people inside really don't know what's happening outside. Paul Akin: Probably the majority of our homeowners — and we've had a major turnover I would say in the last three to five years. Most of the old timers like myself have either died or moved on and we have a new influx of people that have come in many of whom are not from this area. Probably they don't know about the City and it seems like most of them only care about their own property. They're sometimes insensitive to their neighbors and that's where you almost have to use the judgment of Solomon to solve some of these minor to major problems. I think a lot of people in D.B. certainly know about the Country and I think they probably look at it as either where all the rich people live or they don't care about them for whatever reason. There are a lot of nice people who live there certainly and I don't mean to run them down and I don't mean it that way. I'm just saying that many of them are absentee owners who are not there all of the time. There are lot of very good people that are there. Mr. Wei and I spent two years along with the Sheriff's Department getting rid of five different groups of homeowners that moved in illegally and that was quite a challenge but we got rid of them. We worked very hard to obtain about $1 million dollars to make a contract to pave our streets to show folks in the community that we care about it, we try to be good stewards of the money and do the right thing. My father used to say doing the right thing is easy, knowing what it is, is the hard part. The community is very private. You don't see a lot of people. C/Chang: Thank you for saying that but I'm saying being an inside leader for a long time how do you feel about serving the community at large. Paul Akin: Excuse me I guess I missed your point. We lived in the Parkside behind Lorbeer for three years before we moved to The Country and I've seen D.B. grow from a four-way stop at Grand and D.B Blvd. As I said, we came here in '76 when our children were small. They're grown and gone now. I think I can relate very well to it. Because I happen to live in the Country it's no different than somebody being black or white or whatever. We had an opportunity to move to better ourselves and we did. We've lived in D.B. for a long time since '76 and we have no intentions of moving and since '76 that does prove we aren't going anywhere. We like the City, we're happy, I'm proud of D.B. When we say we live in D.B. most people know where it is today because of so many of the things we've accomplished besides the traffic. DECEMBER 7, 2004 PAGE 14 CC STUDY SESSION C/O'Connor: You mentioned earlier that we need to help the small businesses that are here. How would you suggest we do that? Paul Akin: That's a good question. I'm not exactly sure. That's easier said than done. But for many of our small businesses once you trade with them — one of the sandwich shops here in town we went there years ago when they first started and I think by not only word of mouth spreading it but if the City can get together like you recognize the "Business of the Month" — that's a great idea. Some way with the Chamber of Commerce and I'm not sure how to answer that other than to work with them and to visit with them and find out "what do you need and what can we do to be fair to all of the businesses and not just help the ones in the north or the south or the old ones or the new ones but some kind of program to get people to shop D.B. Buy your gas here. Buy your groceries here and the other items - tie it together. When the kids are young and it's not a Friday night what is the pizza parlor doing Monday through Friday? We've got a good mix of a lot of businesses. I just think we need to promote shop D.B. M/Zirbes: final statement? Paul Akin: I compliment the City Council. I was here before it was a Council, before it was a City. I try to watch you regularly on TV. I spoke to you earlier about maybe pushing the time back so some of that get home late could see the first gavel going down. It's much nicer today than it was years ago. 1 feel that the life experience I've had, the job I'm in now business -wise, my time in the association I've learned a lot, made a lot of mistakes — hopefully you learn from those and I think I'm as comfortable and as competent as anybody that has been here interviewing. I think I'm maybe as qualified as some of you were in the beginning when you first sat on the City Council. You've all learned as I would learn. There's not really a handbook on how to be a good City Council Member other than to be honest, tell the truth, work hard, have the people's interest at heart and that's the same thing I did the last five years. I like to think I'm a team player and I work hard to be part of the group. Osman Wei C/Chang: Why are you interested in this position? Osman Wei: As a resident of D.B. I have served the community where I live and have served on the board of directors. I took early retirement and I have plenty of time (to serve) and I believe when you are leading the community you really need to go into the community to do the service. And I think that the City Council is the most direct way to serve your community. C/O'Connor: I know that you spent a short stint on the Planning Commission. Have you been on any other City committees or task force groups? Osman Wei: I joined the D.B. Improvement Association. M/Zirbes: What would you say are the best three things about the City of D.B DECEMBER 7, 2004 PAGE 15 CC STUDY SESSION Osman Wei: If you are looking to a place to live D.B. has the good geological position for getting to the intersection of freeways and convenience to other areas. And by itself it has good schools, good people and good Council Members. The City is small and we like it and it is a good residential City. MPT/Herrera: Sometimes being on the City Council takes a lot of time. Do you have time to go to night meetings and maybe daytime meetings. Osman Wei: Yes I do. I took early retirement and 1 do not have any other business currently and all of my children are grown and have their business. At nighttime it is just myself and my few hobbies. I have joined the adult school for woodworking, upholstery and photography. It's easy to arrange. C/Chang: What are the major problems in D.B. and what do you recommend to resolve those problems? Osman Wei: There are a few things that I have noticed. The first thing and of utmost importance is the traffic problem. A lot of vehicles cut through the City and just bypass the traffic condition on the freeways. Correct me if I am wrong but the City Council is working to get a bypass road through Tonner Canyon or some other substitute road to redirect the traffic. Hopefully when the 57 project is finished that will redirect traffic back on to the freeway to ease the traffic situation a little bit. The other thing is because the City is so small it does not have a lot of commercial activity. That will restrict the revenue for the City and how to generate revenue for the City is the most important question. 1 do believe the City Council should consider mixing residential and commercial like what the City is doing with the Calvary Chapel complex. There are special cities in the United States as well in European cities that are making those types of complexes to make it unique and provide an opportunity to generate tax revenues and supply the residential for the convenience of both. With 28 acres you can do a lot of things. We're just simply a place like Fashion Island by Newport Beach that makes the place unique and that does not affect the traffic and peace and quiet in the residential areas. Education is the foundation of the country and when I see that D.B. already has two good high schools and 10 other good schools D.B. has higher education level among the residents and what D.B. does not have is a community college like other cities. I'm not saying that we need a community college here but if you can get improvement to get into the higher education and when the kids go through the education they will become more qualified citizens and help the City on an educational level and the City will be better and above average. C/O'Connor: Do you have suggestions on how we can improve on our economic development in getting businesses to come to D.B.? Osman Wei: It will be difficult but the small business will generate certain revenue but how to attack the major business as well if you have a complex or you have a special unique place that would interest the mainstream business to come into the City it would help to generate the revenue. If you are considering getting a supermarket into the south side of D.B. it would generate sales tax. But if you can bring in certain retail DECEMBER 7, 2004 PAGE 16 CC STUDY SESSION chains like Home Depot, Lowe's, and Costco — especially these days everybody goes to the warehouse sales and that would help to generate a lot of the sales tax revenue. M/Zirbes: If you are familiar with the current Goals & Objectives of the Council, what would you most like to work on as a Council Member? Osman Wei: To work on the economic development to interest the businesses to come into the City. At the same time not to sacrifice the residential from coming into D.B. and to eliminate the conflicts between the two to help generate income. MPT/Herrera: Are you a registered voter? Osman Wei: Yes I am. And I'm an American. C/Chang: Tell us how you think you can most benefit the City according to your spirit and your vision and knowledge. Osman Wei: As a resident of "The Country Estates" I served on the board of directors. The association has 10 percent of the total population of the City and 10% of the City's budget with $1.7 million. The homeowners association has all sorts of committees just like the City but on a smaller scale. In the past there were rules and regulations that were not followed. Through the hard and consistent efforts we are enforcing the rules. Three years ago when I first joined the association at any one time the association was owed between $80,000 and $100,000 in unpaid association dues. Today the association has outstanding payments due of $20,000. The dues were paid because in the past no one was willing to offend their neighbors by taking legal action to collect the delinquencies. One family who has lived in "The Country Estates" for seven years never paid a penny of their association dues. If you have the willpower and you believe what is right to do you will do the right thing and make it come true. C/O'Connor: Why should we select you over the other 15 applicants? Osman Wei: I will be happy to sit on the City Council and to dedicate what I have learned over the years when I had my own business as well as the hands on experience with the association which is a small part of D.B. I am willing to actually deal with the problems and agendas and surely I'm not saying the other candidates are not qualified but I am retired. I have the time and I am still young. I have the energy and will to do the job. M/Zirbes: Is there anything that you would like to add or do you have any questions for the City Council? Osman Wei: When I look at the goals there are a couple of things I would like to mention. The City Council is considering bringing the street sweeping in-house. Tomorrow I have a board meeting and one of the items on the agenda is whether to purchase a street -sweeper to sweep 12 1/2 miles of street that needs to be swept on a DECEMBER 7, 2004 PAGE 17 CC STUDY SESSION regular basis. The cost is getting higher and higher and we could purchase used equipment that would pay for itself in a couple of years. Mangal Gulshan C/Chang: Tell us what you think of the City of D.B. Mangal Gulshan: It's a great place. C/Chang: Not just great but tell us in a little bit more detail. Mangal Gulshan: Okay. Well, it's a nice place to live. We have roads here, it's a safe City and like that. We have a lot of recognition -- people love to hear the name of the City. Location -wise it's a nice place to live because we have accessibility to everything. C/O'Connor: One of the questions deals with your availability to participate in daytime and evening meetings. As you know, the City Council has regional as well as Council committees. What is your availability to attend those types of meetings? Mangal Gulshan: I don't have any problem; although I do have a part time job, but I work only four days a week. And I also belong to the Sunshine Senior Group, but I have already discussed with my committee members to share the responsibilities so I can get more time to help the City Council. So I don't see any problem donating my time to the Council. M/Zirbes: Can you tell us about your professional background and how you feel that might assist the City Council with its current Goals & Objectives? Mangal Gulshan: I have two professions. I'm an architect. When I came to this country 34 years ago I started working as an engineer, so I have a civil engineer degree. I also have experience in construction so I know quite a bit about how to manage and do design work and everything else. So that will help the City. For the last 7 years I have been doing community services. I think that that would benefit the City. MPT/Herrera: What are the three worst problems that you think D.B. has. Mangal Gulshan: Traffic is the big thing but by putting strong minds together it can be resolved. I know that the City is working to help mitigate the traffic problems. Safety and law and order. You need to be safe. Also the big thing is that in order to do other things we need revenue which we don't have also. And in order to create revenue we have to work with new construction and also try to bring more business into the City. C/Chang: Well, talking about problems you just mentioned about safety. Do you think that this City has serious safety problems? Mangal Gulshan: It's a minor problem but as the City grows trouble can be created and that will happen. So we have to keep in mind with growth and more development all of DECEMBER 7, 2004 PAGE 18 CC STUDY SESSION these things will come into the picture. Right now we don't have much of a problem but it could be here in a couple of months. C/O'Connor: You mentioned that you are a member of the Sunshine Senior group. Have you been involved with any other City committees or task forces over the years? Mangal Gulshan: Well, 1 was a member of the Community Foundation. At that time I didn't have enough time to work with the City so I just resigned. M/Zirbes: What would make you an effective Council Member? Mangal Gulshan: Though I already have good relationships with all of you Council Members and with my experience and many of the things I do and the office I'm working under as Senior Project Manager so if I could manage working in my office. I think that I can be very helpful to the Council also to do certain things that would be very appreciated to the City. MPT/Herrera: Are you a registered voter? Mangal Gulshan: Yes. I got my citizenship in 1997. Since then I have been working on a national level, state level and city level. C/Chang: Tell us from your experience and your knowledge how you can make our City better if you are selected to be a Council Member. Mangal Gulshan: Well, I will tell you again, we should have more growth and business here and I know that I can try and bring small businesses to the City that will give us more revenue and everything else. And I belong to a committee of well to do people here in these cities. There are a lot of people here from India. There are teachers, scientists, doctors and other professionals that have a lot of businesses that they will bring in here and that will help the revenue for the City that we can use to mitigate traffic and other safety things. And I'm proud of the Diamond Bar Center. It's a wonderful thing. And a lot of people know the town and they say I hear you have a very wonderful Diamond Bar Center. C/O'Connor: You mentioned bringing in small businesses. How do you suggest we bring in businesses? Mangal Gulshan: Well again, talking to people who want to open doctors' offices and other businesses like small businesses and mom and pop stores. I am amazed to see the place and the City we live in. I can bring the people from my community, bring the business here. M/Zirbes: Economic development is pretty important to the City. What areas in the City would be the right place to do economic development? DECEMBER 7, 2004 PAGE 19 CC STUDY SESSION Mangal Gulshan: Bring more business. That's the one thing that we can do. And I know we still have some undeveloped area we can bring the business in where we can do construction and bring the business in. Whoever is interested to do the construction to bring the business here. If they are interested we can help them to bring the business. MPT/Herrera: We talked about the three worst things in D.B. I want you to tell me now what you think are the three best things about D.B. Mangal Gulshan: Well again, right now it's the safest city in the area. Accessibility to other counties and we have Diamond Bar Center, nice park areas. People love to come here. C/Chang: Since we have 15 or 16 candidates here why do you think you are the best? Mangal Gulshan: Well, I think I'm the best. That's why I'm here. The reasons are with my ability, my education and management skills I think I can bring a lot of things to the City. Just to give an example, the Sunshine group that I started several years ago. We used to sit under the tree and now I have 400 members. Though l have been working in a different capacity and we are a non-profit organization, I try to put things back into because we are non-profit for the last two years. I have been their leader and with all of these abilities to get from 4 members to 400 members, you can see that I have the ability. C/O'Connor: What is your opinion of the growth and development that has occurred in D.B. over the last 10 years? Mangal Gulshan: When I came here I would see the cars on the freeway, and now there are lot of cars and lots of people live here so there is a lot of growth. But when the growth comes, we have also the traffic problems. As I just mentioned, safety; and I mentioned everything else. There are certain things that are good but good things come and give a bad effect also like traffic and everything else. But it's not too big of a worry because it can be solved. But it takes time and revenue and everything else. M/Zirbes: What one thing would you especially like to focus on as a member of the City Council? Mangal Gulshan: I would like to see some hospital in case of emergency because when ever anyone has a problem, you go to Brea or Pomona. Those hospitals are too far in case of emergency. That's the biggest problem that we have. Because you know what happened a couple of weeks ago. The help that we needed right away, it came too late. tried to help but I'm not a doctor. If the help can be there for the time, we could have saved his life. C/O'Connor: I don't know about that. I think we had help very quickly. Mangal Gulshan: But it was a little too late from my point of view. DECEMBER 7, 2004 PAGE 20 CC STUDY SESSION Robert G. Velker, Jr. C/Chang: Tell us how long you have lived in D.B. and what kind of involvement you have in the community. Robert Velker: Well, we moved here in 1986 and I've been involved with everything from the Chamber. Served on the Chamber Board, was liaison to Council for the Chamber for a couple of years, was head of the economic development business retention committee for the Chamber. So, I've been very involved in the leadership of that organization and others as well. C/O'Connor: Are you still a member of the Chamber? Robert Velker: No. I had a retail business. I got my start in the aerospace industry and that imploded in 1989. 1 started a retail store here. It was called Fast Frame. After that I became involved in economic development and business retention on a regional level through an organization called CalStart, a California Venture Forum. I eventually became the executive director of the California Venture Forum. We would host dozens of business conferences. We helped hundreds of businesses raise over a quarter million dollars and solicited support from California Edison, AQMD, major accounting and law firms in the area. We can count thousands of businesses developed in the process so we were quite effective. We held our conferences at CalPoly Pomona and then moved to the Claremont Colleges to help them. We also had good working relationships with universities in the area. From that I moved to CalStart to run its momentum business incubators and while there I had two facilities and staff that ran and built incubators. So I was recruiting tenants. Don't know if you are familiar with business incubation but what we do is we take embryonic companies, build an infrastructure around them, give them a hand up, and support, and build them up until they can stand out on their — give them financing, funding, locations — kind of grease the skids for them. I did that for a couple of years until we lost our funding when the Democrats lost the congress. Since then I've been doing business consulting. M/Zirbes: What do you think are the top three challenges facing the City of D.B. today? Robert Velker: Well, I think establishing a long-term vision and strategic economic plan for the next 10 years is needed to maintain the high standard of living the citizens have learned to expect and to avoid tapping property taxes, taking advantage of available redevelopment funds to reduce the high vacancy rates and put the City's assets to work; and resolve the transportation complications, especially during the construction phases that are underway; and a long-term plan for dealing with population increases in the surrounding area. MPT/Herrera: Being a City Council Member can sometimes mean being pretty busy and sometimes we have meetings at night, sometimes we have meetings during the day. Would you have the time to devote to all of the work that needs to be done? DECEMBER 7, 2004 PAGE 21 CC STUDY SESSION Robert Velker: Right. I'm perfectly flexible 80-90% of the time and with enough advance notice probably 100 percent of the time. C/Chang: Since you have lived here since 1986 tell us what you see that the City has done to improve the quality of life in D.B. and what do you believe you can bring to the City to improve the quality of life? Robert Velker: First of all, I think the infrastructure of the City has come a long way. I'm very pleased as a citizen to see that for the most part the roads and traffic are pretty good. I've been struck by what seems to be a stagnation of business development with most gains offset by losses. It seems that the City picks up a little here and then a corporate headquarters leaves so it seems to be rather stagnant. The only constant seems to be the steady development of hillsides. And the infrastructure has improved and responded well to these external influences. My special skills are centered on having a savvy marketing background and a keen eye for packaging and promotions. I get really involved with building business development and strategy and plan and putting together promotional campaigns to bring businesses here. I've got strong negotiating skills and experience building strategic alliances and synergy and I think that's very important, the strategic alliance aspect. I've had vast experience facilitating conventions and business conferences and I don't know if there have been many of those around. Incorporating something like that into the strategy might go a long way. C/O'Connor: Have you been involved with any of the City's task forces or committees over the years. Robert Velker: No. My involvement with the Chamber and my tenure as the liaison was 1990-1993 and it has been about 10 years now since I was very involved. M/Zirbes: If you were to tell people three things about the City of D.B. that make it great what would they be? Robert Velker: I think that Diamond Bar is uniquely positioned at the crossroads of opportunity. It is a beautiful, safe and attractive place to live; top education institutions, surrounded by a broad spectrum of occupational opportunities, serve it. I think there is a lot here. MPT/Herrera: Are you a registered voter? Robert Velker: I've voted in every election since I was old enough (to vote) C/Chang: The City has emphasized economic development. With your background, what would you suggest to improve the economic development in the City? Robert Velker: I believe that the biggest opportunity for building a strong business base lies in the citizenry. D.B. claims among its population a higher percentage of top-level executives and business leaders than any other City in the region. The vast majority of people choose to locate their businesses miles away and commute to work. Why is DECEMBER 7, 2004 PAGE 22 CC STUDY SESSION that? Are you aware of the high volume of residents with advanced education and management that live here? Are there mechanisms to bring these folks together? I think there should be? Why do they continue to commute if they could find everything they wanted in their own back yard? Then would they not be inclined to shop and eat here in town as well? I think that's the key element to this whole thing. It's really starting here in our own back yard. 1'd like to see D.B. become branded as Mahogany and Rowe. I think with a commanding view and close proximity to local industry we should be building strategic alliances with our neighbors and position ourselves to be an ideal location for their corporate headquarters. We're conveniently close to rail spurs, transportation hubs, warehousing, all of the potential employees they could need and at the same time we have all of the amenities — golf, recreation, restaurants as they were needed. So it would be my first goal to and I know that I'm not privy to all of the inside information and details, but what I have seen of the marketing material and planning material that is sent out to businesses there doesn't seem to be anything really compelling about it. I don't think it jumps off the page. There's nothing that distinguishes it from any of the other local cities and towns in the area. And I think that's the part of it that needs — therein lays the opportunity for us to distinguish ourselves. Pick something that we have a tremendous amount of leverage over and building on that and at the same time building relationships and strategic alliances with other local towns. C/O'Connor: As you are probably aware, we have 16 applicants for this position. Why should we select you? Robert Velker: Well, I think I've got the connections, the background, the experience, the negotiating skills, the marketing skills and I think 1 can contribute a lot. I've been very blessed by living here. I think it's a great place to live and I think it would be even better if more people could not only live here but work here as well. And so I would like to see if I could help encourage that. But I've also got very good leadership skills. I should also mention that I've got an MBA from the Peter Drucker Graduate School of Management from Claremont Graduate University and from Cal Poly Pomona a Certificate of Corporate Governance and Directorship from The Anderson School at UCLA. M/Zirbes: Outside of economic development, are there any other areas of interest that you would want to pursue as a Council Member? Robert Velker: I do love diversity in general and those are the things that I recognize immediately and in the interest of brevity I've identified and focused on but surely the development of the area and the region -- the crossroads, we should be in a strong position to influence what goes on around the area. So I'm sure there's a lot of negotiating and the back and forth that is taking place in the area. I looked over the Goals & Objectives of the Council and I'm in harmony with those. MPT/Herrera: What are your thoughts about commercial development within the City and would you change anything or what improvements would you suggest? DECEMBER 7, 2004 PAGE 23 CC STUDY SESSION Robert Velker: The biggest thing that I respond to is I think that hanging your hat on or focusing on retail alone as the avenue to salvation is really the wrong approach. I think that while retail is certainly necessary and certainly there is enough vacancy in the area. First of all the vacancy rate needs to go down so we need to fill the retail we've got. But I don't think retail alone is the salvation. I think that's part of an overall infrastructure that would be well served by having corporate centers. If we could build corporate centers or if we can build a corporate base here where we've got corporate headquarters with a lot of white-collar employees working in the City those people would shop in their own backyard and that would support the retail industry. I see it as one part of an overall bigger picture. And I think those things need to be held in perspective and there needs to be a strategy or plan to do all of those things. C/Chang: From your point of view what skills do you believe Council Members should possess and how would you rate yourself on those skills? Robert Velker: I'm also a sport's official. 1 see a lot of parallels here. You've got to have good leadership, a lot of good strong acumen and understanding of the dynamics going on and at the same time you can't get flustered and you can't let things get out of control. You've got to be able to weight all of the different aspects of the situation and make an executive decision. And that's something I pride myself in that I'm very good at and at the same time you've got to have the flexibility to question the situation and really understand the principle behind the rule. Every once in awhile you may have to question the wisdom of previous decisions and maybe have to alter and modify changes. At the same time it all boils down to "what's the fair thing to do." Frank Farago: C/Chang: Tell us how long you have lived in the City; what is D.B.'s best achievement to date and what could be better. Frank Farago: Well, I've been a resident for about 14 years. I moved here in 1991. I've watched the City grow and I've seen a lot of changes, most of them seeming to be as a result of what was happening around us. It looks like any corporation growing from its infancy becoming a real establishment. There has been a lot of hard work to create changes here. What I have noticed is some of the accomplishments with traffic control. I understand D.B. has a lot to do with the current Caltrans construction and improvements that should mitigate a lot of the traffic problems. Traffic is a big concern because it affects not only the development of the community from a business and commercial standpoint and also from quality of life standpoint. To make the community better, I think continuing with your community development plans. It looks like there was an economic plan put on the table this past year as one of the Council's major goals. Looking forward I think is the most important thing and becoming more proactive in determining the destiny of the City rather than being reactive to some of the commercial development going on around us. DECEMBER 7, 2004 PAGE 24 CC STUDY SESSION C/O'Connor: One of the questions deals with the availability of your time. We have meetings in the day, we have meetings in the evening and we have regional committees on which we serve. What is your availability? Frank Farago: Personally I'm pretty much available during the evenings. During the day I'm sure my employer would make allowances for me so I don't think that would be too much of a concern. M/Zirbes: Tell us a little bit about your professional history and how you feel that would meld in well to help the City achieve its goals and objectives. Frank Farago: Well, professionally I started off as a general contractor back east in a family owned contracting business. I came to California about 20 years ago and I was employed through a company called Charter Medical Corporation as plant director. I think some of the skills I acquired there were mainly organizational skills including construction facility management, a lot of interface with the local communities that we had medical centers in. I was a member of the electric chair safety committee for seven years and from there I moved on to Kaiser Permanente. A lot of people don't realize that they have one of the largest general contracting divisions for a non-profit healthcare organization. They do approximately $235 million in construction work just for themselves in the State of California, which ranks in the top 200 nationally. I currently manage about 45 percent of that body in southern California so my organizational skills I would think would play a part in helping out D.B. handling a number of projects and getting immediately involved in those. I hold an Associates Degree, Bachelor's Degree, Master's Degree in Business Administration that would add to some of the qualifications. MPT/Herrera: What are your thoughts about commercial development in the City and what suggestions or changes would you make for development in the future? Frank Farago: I'm pro development but not at the cost of the quality of life in the City. think that there has to be a fine balance between the two. I know that for the economic viability of the community we need to introduce community commercial development to bring in the revenue to sustain the quality of life but at the same time we can't do it at the expense of quality of life for the residents who live here. I just feel that if we make long-term plans for that development and don't try to rap for the revenue early on and make kind of short-term decisions that would have long-term ramifications. So I would just say that we would have to look at everything and come up with a visionary plan and really lay it out to the community and let them know the benefits of what the development would create and at what cost. C/Chang: You haven't told us what type of involvement you have in the City since you moved here. Frank Farago: Well, you know I haven't really been involved that much with the community as a whole as far as direct committee involvement. I've taken advantage of some of the youth programs with my children, 1 volunteered for coaching youth baseball DECEMBER 7, 2004 PAGE 25 CC STUDY SESSION and softball and such. I've been over the last four years involved with the D.B. Little League as a coach. Basically, it's the things that my children are involved in that kind of prompted me to look at this. Gary Miller's office set up a tour of Washington for us. My family was really interested in seeing D.C. My children got really excited about the government and really got interested in local government. Then they started questioning me about what kind of involvement did I have. I thought it was about time that I started getting involved since I have some civic -minded children. C/O'Connor: Okay. My question is when did you have your tour of Washington, D.C. Frank Farago: That was last year and we got to see President Bush speak. C/O'Connor: As you know, there are 16 applicants. Why should we select you over the other 15? Frank Farago: You know that's a tough question because I haven't seen the other applicants. If I was sitting on that side I might choose someone else. I just think that I'm very energetic and I want to get involved and I think that I could do the community a lot of good. M/Zirbes: Tell us the three things about D.B. that you like the most. Frank Farago: One is probably the location. That's one of the reasons why we chose D.B. because of its proximity to everything. We like the rural type of environment, at least the way it looked when we first moved here before the City of Industry decided to start developing over there. I feel real comfortable with the diversity of the community. The cultural diversity I think is great exposure for my children. The other point would probably be the school systems. They came highly recommended and we are in the Walnut Valley School District. MPT/Herrera: The flip side of that is what are the three most serious problems you think D.B.faces? Frank Farago: I think a lot of it has to do with the traffic problem. It's probably on a lot of peoples' minds because it really affects the quality of life. We go outside of the City to do some of our shopping and we have to drive 30 minutes to shop in our own community, so I think that's really something. You really want to support our businesses and we need to deal with that issue. The other issue would be the continued efforts in developing the commercial aspect of the City that's incorporated. We need the sales revenue to continue with the quality of life and services. A third thing escapes me right now but those are the two major issues. C/Chang: We talk about traffic and certainly we all have a concern about it. One of the solutions that we are looking for is a bypass road through Tonner Canyon. What is your concern about development and the environment? DECEMBER 7, 2004 PAGE 26 CC STUDY SESSION Frank Farago: If it's just a road going in without too much commercial development through the area because if I remember correctly it's kind of a pristine area over there. As long as the environmental impact studies support it and it will alleviate some of the traffic from the City and it will not disrupt the quality of life for the residents, I think it would be a viable option. C/O'Connor: What special skills and knowledge do you believe you would bring to the City Council? Frank Farago: My profession is the construction and the management of large projects. I believe that the organizational skills, some of my knowledge in dealing with some of the city departments obtaining conditional use permits for different projects would come in handy. A lot of it has to do with my negotiation skills looking for a win-win situation for all involved. So those are some of the things I think I would bring to the table. M/Zirbes: In the fourteen years that you've been here, what have you seen improved and what have you seen decline? Frank Farago: Some of the improvements are things like the some of the buildings like the Community Center, the growth in the youth programs — having a place for our children as an outlet and having places for them to grow and develop and becoming assets to the community. I think that's real important because that's our future. Some of the declines would revolve around the lack of commercial development. It seems like it is slow in coming. I'm looking at spaces not being fully utilized. The shopping center by the AAA office (Country Hills Towne Center), land by the Calvary Chapel, property on Brea Canyon Road just north of the SR 60. Just some of these areas that could possibly be vital areas to development — it just seems like it's moving kind of slowly not fully understanding the reasons why. It's just my perception. So that would probably be some of the negatives and things move slowly sometimes. MPT/Herrera: You have less than a minute left. Are there any final comments that you would like to make to us? Frank Farago: I would hate to be in your position because it seems that it Is really difficult to make an appointment that the community has to run with and may not actually make a choice but hopefully that you will make the right decision that will benefit us all. BREAK: Beatrice Grossman: C/Chang: Tell us how long you have lived in D.B. and what type of involvement you have had with the City. Beatrice Grossman: I have lived here for 16 years and have primarily been involved with the church. I raised my kids here. I love people and am a people person. My DECEMBER 7, 2004 PAGE 27 CC STUDY SESSION involvement has been primarily with the church serving on the pastoral council and in several community groups. When I left the Peace Corps I went back to the University. I feel a little guilty that I haven't been more committed to the City. C/O'Connor: What do you think that you would be able to bring to the City Council? Beatrice Grossman: Well, as I say, I'm a people person. I relate to people. I have ideas that I think have yet to be developed. As I told Jim when I was talking to him the other day I would like to be a voice for the older people here. I'd like to get out to the public the convenience of living in this particular area and I would like to do something about encouraging people to use other transportation other than automobiles which I do not because it's so much cheaper and it's much easier. There are a lot of possibilities in this area. People I don't think have really recognized that and I like to do that. I love to talk to people about how; this is a great place to live. Look at this convenience. Look at that convenience. You can use this or you can use that. And I'm not controversial, I'm not confrontational and I just like to meet people. M/Zirbes: Could you describe for us what you feel are the top three negative challenges facing the City? Beatrice Grossman: Well I'm not even going to go into the first issue of traffic. The second one is I think you need more revenue to do some of the things you need to do. And I think the third problem that you had is getting a very upscale and very profitable kind of business that would not be an eyesore — something like if you need large companies something like electronics or communications or something of that nature. I think we need more revenue to project the things you need to have projected to get the right type business in here. How you go about that I'm not sure but I'd like to see that. I'd like to see that. This is a nice place to live, a convenient place to live and encourage new companies to come here instead of going to Orange County for it. MPT/Herrera: What do you think in your opinion are the three worst things about D.B. Beatrice Grossman: You're not asking the right person. I can park my car and get on a bus and for 25 cents go to Orange County to shop. My son wants me to move to Orange County. I'm not going to move to Orange County, I love it here. C/Chang: What type of vision, knowledge, experience and input would you bring to the City if you were selected to be the Council Member? Beatrice Grossman: Well, number one I've had many years in business. So I have a good business background in management, handling people. I taught for two years. As far as the City Council I think the way 1 can approach people and the way I can get your message out is probably the biggest asset I have. But I do have a big background in business administration and accounting. C/O'Connor: As you know, there are 16 applicants. Why should we select you? DECEMBER 7, 2004 PAGE 28 CC STUDY SESSION Beatrice Grossman: Because I'm the best. Diamond Bar needs a core. We don't have a core like a mall. For instance Brea, that's a great mall over there. What I'd like to see done I'd like to see us go down there to the south end of town where the theater is. I'd like to see us core the whole thing down and put in something comparable. Make it a core. Make it someplace where people want to come. Understand what I mean when I say a core. We don't have a core here. M/Zirbes: Are you familiar with the goals and objectives of the Council and which of those are most important to you. Beatrice Grossman: No. I didn't know you were doing that. MPT/Herrera: What is your opinion of the commercial development within the City and would you suggest any changes for the future? Beatrice Grossman: Only what I said that we should express getting above average types of business in construction. One of the things I think we could use here and I don't know how much available space we have but everybody talks about the aging baby boomers and God knows D.B. has hundreds of baby boomers. What I'd like to see here is a really nice 55 and older complex like they have down by Palm Springs and those areas down there. The people who live here in big homes and so forth are not going to want to leave the area because of the convenience and their friends. If there was a really nice place of that nature where they could live comfortably and not worry about upkeep and so forth I think we could use something like that. C/Chang: Tell us why you think you would be an effective Council Member. Beatrice Grossman: Enthusiasm, people abilities, ideas — I work hard I stick with something. if I don't like something I don't even try but 1'd like to do this. I stuck out for 27 months with bugs and things in Romania I could stick out the Council. As I said before I'm not confrontational I get along with people. C/O'Connor: Are you aware of the senior programs that the City offers? Beatrice Grossman: Not really. And I hate to say this — I don't consider myself a senior. I should find out for people because some of the seniors,they don't want to put themselves forward. They don't want to project themselves, they're shy, they're not accepted. I refuse not to be accepted because I'm old. And this is where I think I could be a voice for them. But no, I don't know anything about their programs. I don't play Bingo, I haven't gone there. M/Zirbes: Not to assume anything, the Council Member position requires a lot of time during the day and the evening attending meetings both in and outside of the City. Do you have any restrictions to your time availability? Beatrice Grossman: What I need to know first is how much time? I mean is it 40 hours a week, 20 hours a week, 30 hours a week? DECEMBER 7, 2004 PAGE 29 CC STUDY SESSION M/Zirbes: It varies. Beatrice Grossman: It varies. You know I'm retired. The only thing is I was thinking about I'd like to continue teaching English as a second language. So in other words, if serving on the Council is something that if you do that you can't do anything else? M/Zirbes: No. I have a full time job. Beatrice Grossman: Oh. Then there's no reason why I couldn't time -wise if that's the case. MPT/Herrera: Do you have any questions of us? Beatrice Grossman: Yes. What do you do and what do you get into? MPT/Herrera: Anything that happens in the City. Beatrice Grossman: Let me ask you this. Do you act as a commission advisory board? MPT/Herrera: We're policy makers. Beatrice Grossman: Policy makers. MPT/Herrera: We make the policy and City staff carries out the policy. Beatrice Grossman: And how do you arrive at this policy? MPT/Herrera: At our Council Meetings. Beatrice Grossman: Do people bring ideas to you? Is that what happens? MPT/Herrera: We establish goals and that sets the framework for our policy. We have study sessions and we discuss major issues, arrive at consensus and direct staff. Beatrice Grossman: Okay. How much input do you try to get from people in D.B. MPT/Herrera: Our meetings are televised and like this meeting, are open to the public. C/O'Connor: A lot of our goals come from residents who have asked us to do things so we get a lot of ideas from the residents themselves. Beatrice Grossman: This is what I wanted to know. And within reason you try to act upon them. MPT/Herrera: Yes, within financial constraints. DECEMBER 7, 2004 PAGE 30 CC STUDY SESSION Beatrice Grossman: Okay. That's another question I wanted to ask. Primarily where do your financial funds come from? MPT/Herrera: Some come from the state, sales tax, and our dollars, gas tax, property tax, vehicle license fees, etc. Beatrice Grossman: Is it adequate for what you want to do? MPT/Herrera: It's never adequate. C/Chang: What type of personality trait or what type of qualification do you think that the City Council should have and what do you think about yourself? Beatrice Grossman: Well, I think it's certainly what I say I am, a people person. I don't think you want anyone who is argumentative, confrontational. I think they should be good listeners, they should be very sensitive not only to people but also to circumstances, and they should make an effort to learn the dynamics of the community. And I say, people get along with people and not be an obvious politician who is doing things for their own particular goals or aims and be honest and truthful. If you say something to a group of the community mean it and try to do it to the best of your ability. In other words, 1 don't want to pop into a meeting and have you guys say something and you don't mean it and have your fingers crossed. Jack Tanaka: C/Chang: Tell us how long you have lived in D.B. and what type of involvement have you had in the community and what have you achieved for the City. Jack Tanaka: I've lived here for 28 1/2 years and been involved with the community in different aspects most heavily for the past 18 plus years with the D.B. Breakfast Lions Club, currently president and past president five times. As you know we work the annual Easter Egg Hunt, the City Celebration and we also try to get the kids involved. My wife Wanda and I are volunteers at the high school. I'm currently serving on the D.B. Planning Commission. I'm Vice Chair this year. I've served three years and I'm going into my fourth year. Also I'm a 15 -year member of the California Asian Peace Officers Association and past president. We offer scholarship to students at D.B.H.S. and D.R.H.S. I'm a member of the D.B. Chamber of Commerce, member of the D.B. Senior Citizen's Club helping them with organizing and trips. That basically covers my involvement with the City. C/O'Connor: One of our questions deals with your availability during the day and evening for meetings that we have. Jack Tanaka: Yes. I feel that I have the time and the energy and the ability to fully devote to the City. I've been retired about three years this month. I feel that I have time to commit to the City. Currently I attend for the Chamber of Commerce, business DECEMBER 7, 2004 PAGE 31 CC STUDY SESSION openings, ribbon cuttings, mixers and a lot of the activity currently, whether it be the City Celebration, Easter Egg Hunt and things like that. Wanda and I are there. So I have no problems with that. M/Zirbes: What do you think in your opinion are the top three challenges facing the City of D.B. today? Jack Tanaka: Well, I think the number one would be economic development in the sense that we are losing some large revenue generating businesses here in the City and that in order to continue to provide services and amenities that the residents are used to and expect will be difficult if we don't attract businesses to our City. I think working closely with the D.B. Chamber of Commerce is a good way of promoting that and getting businesses to come and stay in D.B. Another is the traffic problem within the City. I think we need to continue working on traffic mitigating solutions to try to get some of the surface traffic off the City streets. I think the Caltrans project is a great project but think they're about 10 years too late. And I'm glad to see that it is going the way it is and that they're making some improvements but I think traffic is a real big problem. Another issue is to remain on track with the Task Force's recommendations to make improvements to the current library. It was sad to hear that we did not receive our grant and that at the least we'll make improvements to that very old library. MPT/Herrera: What are the three best things about D.B.? Jack Tanaka: I think one of the best things that I enjoy about our City is that I know that it is a very safe community. I think it is relatively crime free and there are no really big hazards within our City and I think it's a great place to live. Another thing about our City is our ethnic diversity. I think it is a true melting pot as far as the different cultures that are residing within our City boundaries — different nationalities and I think we are enjoying the benefits from them. Another great thing about our City is our educational systems. I think between the WVUSD and the PUSD we have some of the greatest school districts. I think we have access to a lot of higher education. CalPoly is right over the hill. Mt. SAC is right over the hill. Cal State Fullerton and Fullerton College is to the south of us. The University of Phoenix and DeVry University are also very accessible to all of our students. I think those are the top three. C/Chang: What do you think the best thing the City has done since incorporation and what would you like to see done if you were on the City Council? Jack Tanaka: What I feel is one of the greatest things we've done as a City is that we've really taken control over our community services department which includes the Parks & Recreation Department. I think things like our 4th of JUly, our City Celebration, developing parks and trails here within our City, to be sensitive to our wildlife here,and think it serves not only the youth, but it serves adults and the seniors within our community. And I think that's one of the greatest things that we've done, and I'd like to see it continue. DECEMBER 7, 2004 PAGE 32 CC STUDY SESSION C/O'Connor: As you know, there are 16 applicants. Why should we select you over the other 15? Jack Tanaka: Well, I think I'm one of the best qualified as far as having a proven record doing community service here in D.B. I think that I have gained knowledge regarding not only City government but through my experience with the Planning Commission and my volunteer work I've gotten to know and work directly with a lot of the City staff and Council people. I've had a very good working relationship with staff and hope to continue to be able to do that. M/Zirbes: Economic development you mentioned as one of the three things we should be working on. Do you have any specific idea in mind as to what you would do to help the City to move forward on economic development? Jack Tanaka: Well one of the things I would like to look at is maybe some of the areas that have over the years deteriorated - become old looking and at least try to talk with property management and talk about improving just the appearance of some of the shopping centers. There are also opportunities that we have currently like working with Lewis Development to have input as to the types of businesses, types of restaurants, and the types of retail businesses that we would like to see come into our City. In talking with residents they're always looking for places to go, places to eat, I hear. And I've received information that a lot of people have to go to places like Brea, Chino Hills or even now up Grand Avenue to Walnut to enjoy some finer dining and entertainment and those kinds of things. I would like to see D.B. create those types of locations — destination locations so people would actually come and enjoy themselves, spend time and spend their dollars here in our beautiful City. MPT/Herrera: What are your thoughts about commercial development and what changes would you suggest for the future? Jack Tanaka: Well, I'm pro commercial development. I like to see some commercial development but in locations in the City where it was correctly zoned, where it is allowed, whether it is commercial -retail or actual manufacturing type businesses. In locations where it is not going to cause a great impact on current residential areas. I think it's going to be important to attract some commercial development in order to maintain some tax revenue. C/Chang: Tell us why you think you will be an effective Council Member. Jack Tanaka: Well I think I'll be an effective Council Member because — well, one of the reasons is because I know each one of the Council Members. I think I can be a team player and that I would be able to at least voice differences of opinions in some issues but always come to a consensus with the rest of the Council. I think that my past experience both in the military and in working in City government gave me some organizational and leadership skills that I can apply here on the Council. I think my listening abilities whether working as a counselor or as a parole agent or as a Planning DECEMBER 7, 2004 PAGE 33 CC STUDY SESSION Commissioner, I think I have that ability. To be able to read and understand staff reports and implement some of their ideas and coming up with suggestions and/or decisions that have to be made. I have the ability to do that. C/O'Connor: What do think of the Chamber and the City working with the Chamber? Jack Tanaka: I think it's a great idea. I think that it is very important. I think it's vital that in developing that part of economic development. I think it is very important. 1 think there are issues that we can present — that the Council can present to the Chamber. Something as simple as business signage as an example, that the Council may have a direction they're looking for but are not able to fully implement it or because of law it would be very difficult. But with the influence of the Chamber, I think by working with them and maybe under the guise of education even, to let business owners know the types of signs that would be more readily accepted within the community as an example. M/Zirbes: Are there any closing comments that you would like to make or any questions you would like to ask the Council? Jack Tanaka: I would like to say that it is indeed an honor and a privilege to be here to sit before the Council for a consideration for a City Council position. I have tried to the best of my ability to provide you in written form as much information as I can and to also try to communicate to you some of my ideas verbally as to what I'm thinking as to how important this position is. And my passion to serve the City and my ideas about volunteerism really and truly come from my heart. I would like to say that as you are making your consideration for the City Council position, please remember Jack Tanaka. Thank you very much. Michael D. Shay: C/Chang: Tell us about your interest in holding this Council position. Michael Shay: Relationships go a long way in just about anything and everything we do in our daily living. I thought a lot before I came to this meeting, this process, and to answer your question, it is relationships with people that are involved, in significantly conducting economic development. And to go one step further, I think those relationships lend themselves to bringing positive things and positive action to the City in a relatively immediate way. We don't have time to wait. If you want me to give you names of people that I have these relationships with I would be happy to do so. C/O'Connor: What would be your personal availability to attend daytime and evening meetings. As you know, we not only have Council committees, we have regional committees. Michael Shay: For all practical purposes I would say it would be unlimited. I would be able to participate — I'm not going to throw a blanket over it and say I can contribute my time in every single thing I don't think anybody has that luxury, but I realize the DECEMBER 7, 2004 PAGE 34 CC STUDY SESSION commitment that is involved here and to answer your question I would be committed to attend everything in the region. M/Zirbes: Tell us a little bit about your professional background and how you feel that would meld well into the City Council to achieve its Goals & Objectives. Michael Shay: Well in the essence of time, Mr. Zirbes, I will package that up. I have over 30 years of experience in sales, sales management and marketing. I have been fortunate. In retrospect, I've had four jobs in my life including the one I currently have now. I've worked for Fortune 500 companies and I've worked all over the country. The bottom line is, I have a proven track record of getting things done. I've been successful in every profession that I've held and in real simple terms on the bottom line I can sell and that's why I get things done because that's what I've been in all my life. I have the ability to work with people, I have the ability to be a team player, I have the ability to turn adverse situations into positive situations, I have the ability to build relationships and I have a reputation of probably being one of the most persistent people who has ever worked for the four companies that I've worked for. MPT/Herrera: The City Council has a set of Goals & Objectives. Of those, which do you think is most important and the one that you would most focus on? Michael Shay: I don't know all of your goals. I'm being a little presumptuous. I think I know most of them. Without any hesitancy I think I understand your primary goal and that is to improve our economic development situation in the City of D.B. right now and to improve it as quickly as possible. We need to continue to work on our educational efforts here. I think we've done a magnificent job — you have. But that's an unending process. And again I would assume and presume that one of your goals and challenges is to continue to mold and blend and develop and solidify the cultural base that we have in our community. We are blessed to have as many different cultures in this community as we have. But it also presents a magnanimous challenge to all of us where we funnel it down and we say we are one community and we must function as such. C/Chang: Why do you think you are the best among the 16 candidates? Michael Shay: Why do I think I'm the best? I think I'm the best mostly because of what just shared with years. I have 30 years of experience, I have a proven track record of being a winner and getting the job done, I have a proven track record of being a person that is committed to his word and I have a proven track record of being a persistent individual and when I tell somebody I'm going to do it I get it done. And that record stands unblemished. C/O'Connor: As far as community service, could you tell us the different City committees and community organizations that you have been involved with? Michael Shay: There are a number of them so I apologize a little bit for consulting notes but I don't want to miss anything. Perhaps my pride and joy within this community in the last 10 years has been the organization that I created along with the help of my wife DECEMBER 7, 2004 PAGE 35 CC STUDY SESSION called the College Preparation Seminar. In the essence of time I'm going to bottom line that because it's not a matter of what you say you do and what you stand for, it's a matter of what you have done. Through our organization we have now given away over $30,000 in scholarship to youth from throughout this community and the entire valley and we have presented them to over 6,000 parents and students. I have worked for the D.B. Chamber of Commerce during which time I put on a hundred new members. On a volunteer basis I've participated in youth basketball as a referee — I'm the old man in that group but 1 still do it because I love it. I've been a youth director at St. Denis Church, I've coached Little League, I've worked with my neighbors — you're all familiar with that project because we now have a new street light, and I've worked with Caltrans which is not a community effort but it is because the end result is a better community. People told me you cannot beat Caltrans out of a $1.5 million sound wall. We did it. I've worked with the Friends of the Library, I participated in the current Youth Master Plan and I continue to volunteer at D.B.H.S. M/Zirbes: Do you have any specific ideas toward economic development? Michael Shay: In the essence of time that's a little tricky to do but I'll do the best I can in terms of just basic principle. First of all, we need a strategy. That strategy has to be what do we want to do, when do we want to do it and who do we need to talk to to get it done. I have a saying that goes like this. Thinking about it is a dream, talking about it is a plan and taking action results in something happening. You need all three. But to go back to specifics we need to contact people we either know, which I think I do or can get to know in a hurry, sit down with them, share with them what we want to do, demand action out of them, get creative which is a big part of the whole scenario, get creative and make things happen. Because the people I talk to are ready, willing, and able to try and meet those needs. But it's a process. But we've got to get going. It's not a process that we can look at as though it's going to automatically happen in the next 15 or 20 years because it's not. We have to make it happen. MPT/Herrera: What are the three most serious challenges that you see that D.B. has? Michael Shay: Honestly, the biggest one is economic development. The second is transportation. And that issue has to be looked at and evaluated and pursued in terms of a regional issue and now just four walls around D.B. And I think you know that in particular because you're involved with the COG. But we do have transportation problems. Due to mechanical problems, with the recording equipment the following has been collected from brief notes taken during the meeting. DECEMBER 7, 2004 PAGE 36 CC STUDY SESSION Edward Tom Mr. Tom stated that he was new to the City and had only been a resident for less than one year. Mr. Tom is a branch manager for a brokerage firm. He was asked what his personal availability to serve on the Council. Mr. Tom stated that if he was chosen as a Council member he would give the position the most priority. He felt that the City has many things that are good, but that they could be better. Mr. Tom was asked what 3 challenges he sees for the City. Mr. Tom replied that he felt traffic for livability; SMART from the City's website, revenue for parks and infrastructure; and economic development. Mr. Tom stated that he thought that we should think out of the box, town center, main street, destination location. He felt that economic development was crucial to the City's revenue base, and that he is pro economic development. The Council should make wise choices since we have to live here, preserve parks and programs. Mr. Tom was asked why he thought the Council should select him. He stated that he has unique skills with real estate and financial background. He was asked what 3 qualities the City has. Mr. Tom stated he felt the City has good neighborhoods, parks and schools. RON EVERETT In response to what 3 challenges he sees facing the City, Mr. Everett stated that he felt that the City's fiscal aspects, business development; traffic; and, safety Le, working with the Sheriff's Department ) SMART — team effort which includes residents. He was then asked what time he would be available to devote to the City. Mr. Everett said they this would be a priority. Mr. Everett was then asked about his background. He stated that he had been with IBM for 30 years (a family company) with 400,000 employees. They focus on ethics, technology as a hook only, focusing on education and team work with staff — team work. He stated that he has no personal agenda. As to his community involvement, he has raised 5 children here who have all attended the D.B. schools. He was asked about the City's economic development. Mr. Everett then responded to a question regarding what 3 improvements he would like to see the City make. He stated that the City's location is good, business development and recruitment, and a bypass road to the 57160 fwy would be his issues. DECEMBER 7, 2004 PAGE 37 CC STUDY SESSION Mr. Everett felt that his education, experience in teamwork, healthy networking to address goals, accountability to the residents made him a good candidate. He feels he can make a contribution. LEW HERNDON Mr. Herndon was asked what his qualifications and background were to serve on the City Council to which he replied that he had lived in the City for 35 years, he was a consumer and has 6 kids. He has worked for a company since 1971 that makes audio visual for health care, board games and jig saws. DAN NOLAN Mr. Nolan was asked about his qualifications. He stated that he had been on the Parks and Recreation Commission for 2 years, is currently and has been on the Planning Commission for the past 2 years. He is a member of AYSO, Paint the Town, and DBIA. Mr. Nolan was asked what is availability to the Council was. He stated that time would be available as long as he advance notice. Mr. Nolan was then asked to list 3 things about the City that make it a great city to live in. He responded by listing diversity, education, similar value; location; and, good property values. Mr. Nolan was asked what 3 challenges he felt the City is looking at. Mr. Nolan stated he felt that the challenges included filling this vacancy to keep a team approval; getting back the Honda revenue, making plans to ensure viable business; Tonner Canyon; and handling traffic problems, which causes problems even though it is a regional issue. He was then asked what his background. Mr. Nolan said he had a good business mind, he can simplify issues, and that where there is confusion there's profit. He has good people skills. He felt his strongest skill is that he is approachable, and a hard worker. He stated when asked that his vision is that he is a good team member, he will bring energy to push the City's goals over the top. He felt that the City is in good shape. Mr. Nolan was asked why the Council should pick him. He stated that his resume, his responsibility to the City, involvement in youth sports, being a member of the Task Force, and his participation on the Planning Commission has given him a good training ground. Mr. Nolan stated that the 3 improvements he would make would be in Youth Sports, Lorbeer, taking the old shopping centers and starting over i.e., like Birch Street in Brea. He then thanked Council for the opportunity and that this Council knows who he is. DECEMBER 7, 2004 PAGE 38 CC STUDY SESSION M/Zirbes stated that Council needs to take time to discuss the possibility of second interviews, what the nomination and appointment process might be and what the length of term would be for the appointee. MPT/Herrera said she spoke with a lot of people in the community who felt that if the Council made an appointment it should be an appointment for the entire term and that to put up four Council Members all within the same election date is irresponsible and not something that the City should do. It is precarious to the City. It endangers and puts the City at risk to replace 80 percent of the City Council at one point in time and that is one thing that a lot of people have said the City must not do. If the Council is going to consider an appointment it should be for a three-year term. C/O'Connor said that MPT/Herrera spoke with a group of people who had an entirely different viewpoint from the group she spoke to because everyone she talked to told her that the Council should not appoint for more than one year because it is up to the citizens to elect their Council Member. C/Chang said that most of the people he spoke with would prefer to make the choice about who would serve on the City Council. He explained to them why the Council wanted to go through the appointment process. The Council did not want to have a special election and wanted to save the community $60,000 of taxpayer money. He also explained to them that the Council was not intending to take away the citizens' right of choice. To that end, he would like to propose a one-year appointment and give the voters an opportunity to select their own Council Member. MPT/Herrera explained that if the Council were to appoint someone for only one year it would mean that four Council Members would be up for re-election all at the same time and as a result, the City is risking the potential of replacing 80 percent of the City Council. The Council previously commented that the community knows this Council and its achievements as a whole and individually. Perhaps four Council Members would not be replaced all at the same time however, it is a possibility. C/Chang's feeling was that theoretically it could happen, but he did not feel that it would happen because the track record shows that unless this Council had done poorly and made wrong decisions, the current Council Members would most likely be re-elected. So far, he has not seen entire Councils being eliminated at re-election time. This City's track record shows that the City is moving in the right direction and that the track record and performance of the current Council Members is not bad. So the citizens are likely not to replace all four Council Members. If all of the Council Members were replaced there would have to be a good reason, and he believed that was why people had the right and choice to take whatever steps were necessary. C/O'Connor said the only applicant she would feel comfortable to appoint for three years would be an individual who had support from the residents and the only applicant that the Council has interviewed that has those qualities is Jack Tanaka who received more than 1800 votes during the last election. No other applicant can show that amount DECEMBER 7, 2004 PAGE 39 CC STUDY SESSION of support. In that respect, the people have spoken and made their choice when 1800 people felt he had the qualities they wanted in a sitting Council Member. She felt it was a decision for the citizens. She did not want to go to a special election, and she wanted the Council to work on making the best possible selection. She responded to MPT/Herrera that would be the only circumstance under which she would consider a three-year appointment at this time, but she was open to discussing the matter further. M/Zirbes said he was okay going in either direction. The people he spoke with were more in favor of appointing someone for the full term rather than the short term. The majority of people he spoke with felt they had a right to vote on the matter and that the Council should not be making an appointment. He hates to have this be the first sticking point to moving forward to the next step. Perhaps when the final candidates are selected the Council should decide whether the appointment should be made for 11 months or three years. But if the Council were to hang up on this point the issue could be debated all night. C/Chang felt a three-year appointment had merit but that he would rather have a one- year appointment as long as the Council could agree upon a candidate. If the appointee could prove his worth he would be voted in for the balance of the term. If this person proved to be capable they would likely be elected. Therefore, he favors a one-year appointment with election by the people. MPT/Herrera suggested the Council talk about how many candidates should be considered on December 14.The Council previously talked about each Council Member selecting two, three or four that would move forward. C/Chang recommended that each Council Member recommend only one person. MPT/Herrera agreed. C/O'Connor felt it would be tough to narrow it down to one but if asked to do so she would. M/Zirbes said it would be easier to select from four finalists rather than eight. C/Chang said he would like to go with one selection; MPT/Herrera agreed; C/O'Connor said she would go with majority rule. M/Zirbes said he would go with one. Council Members concurred to make their final decision about a possible second interview during the regular City Council meeting. Steve Tye: C/Chang: If you cannot make it on time to an interview do you think you would have the time to serve the community for 20-30 hours per week? DECEMBER 7, 2004 PAGE 40 CC STUDY SESSION Steve Tye: Absolutely. I don't have any concerns about that at all. I don't know who I shared it with, maybe it was Linda. I was with the new branch office manager that has been with UBS for 30 weeks now and when he offered me the opportunity to accompany him to the Rainmaker Program, a program that UBS is offering to financial advisors I was not only glad that I was chosen to do that but wanted to accommodate them as well. So I don't think that's a problem at all. C/Chang: So what happened in today's case? Steve Tye: I went with the new branch manager to the Rainmaker Program at the Jonathon Club in Los Angeles. I don't see that as any more of a problem than you have with travels schedules. 1 think that all of us in business have opportunities that come up and that the Council accommodates and I don't think this is interfering at all. And I think a good thing to look at is seven plus years on the Planning Commission. That's two meetings a month x 12 months and it I've missed five I would be surprised. I do not anticipate any problem. C/O'Connor: As you know there are 16 applicants and you are the last applicant. Why should we select you? Steve Tye: Well, I think I'm as good a choice as any of the previous 15 that you might have interviewed tonight. Maybe as good a choice as a lot of people that did not apply. You know me. I think the key is "what can you add." I think I can add and give back to the City whether it is business or dealing with the City for 10 plus years on various Commissions and being involved in different activities and different entities in the City. My wife teaches here and my kids probably bag your groceries. So it's Diamond Bar. It's like family, and I feel like I can be part of that family. But that's you're decision. You've seen the other 15, and I haven't. M/Zirbes: Mr. Tye can you briefly explain to us some of your professional background and personal background since you've been in D.B. and how you feel that might dovetail well in working with this City Council and helping it to achieve its goals and objectives. Steve Tye: I'm fortunate enough to have been married for 28'/2 years to my high school sweetheart. I say fortunate because she's put up with me all of that time, raised my family here. I've been 20 plus years in sales, and it's a good thing that there's a time limit here because I've been known to talk long past the sale. This is where I live, this is where my family was raised. This is the opportunity to give back to the community. think that not only the business experience that I've had but the community experience as well, will be useful it you choose me to be on the Council, to see the City through the next however many years. MPT/Herrera: You're familiar with the goals of the City Council and of those goals and objectives, which do you consider the most important, and which would you most focus on? DECEMBER 7, 2004 PAGE 41 CC STUDY SESSION Steve Tye: You know, I just don't think as I look at the goals and objectives that there is a more important goal than economic development. That to me is the engine that runs everything else. I think it was Ben Franklin that said where government is concerned you can either spend less or tax more. Economic development is what is going to be vital to the future of our City. When we lose huge tax providers like the Honda Dealership or Sigma, we have to be active in replacing them. I think we're on the right track to do that, and I think we need to be focused on that. C/Chang: What do you think are the three top challenges for the City? Steve Tye: Well, it's like real estate when they say location, location, and location. I think the top three goals would be Economic Development. If you can't get that done the wheels are going to fall off elsewhere. We need to focus and make the best use of the locations that we have that can generate taxes. We need to make sure that we have the right players in the right places and see that they contribute to the overall economic well being of our City. C/O'Connor: What do you feel are the three best things about our City? Steve Tye: Boy, I still like the small town feel and I like and maybe it's one of those redevelopment type of things we've been able to do, where we put in a Starbuck's. I like being able to go to Starbuck's and see people I know and there's a sense of community there. And if there's a center of town that's probably it. I like the fact that it is safe in this town. I probably shouldn't say this but we don't even lock the doors and windows on our home. It's a safe place and I think it's a great place to raise a family. M/Zirbes: With respect to Economic Development have you given any consideration or could you share with us any specific ideas that you might want to advance? Steve Tye: Well, some of the things are obviously filling empty storefronts. I go to church at the south end of town and I hear regularly from people that we need a market at the south end of town. I think I've shared with you, Mayor Zirbes again in my experience from Howe's or the folks from Certified Grocers or the right people to contact with Von's or who that might be and getting the right people together to see that we can fill those vacancies. A location like Kmart — what will happen with that with their merger with Sears. Does that go away? I think two or three weeks ago when everybody saw a 50 percent off sale everybody assumed that Kmart was going out of business. We need to be focused on that and be prepared to replace that if it should go away. I think again the opportunities like the Calvary Chapel project getting the right retailers in there so that doesn't become a big empty development. It should become an economic engine a place for the town to gather, then that's a good idea. Site D is another place that we should be considering what the opportunities are for retail. So we have a lot of opportunities left. I think we were dealt a tough hand by the County, but I still think there are a lot of opportunities. MPT/Herrera: Of the skills and qualities you possess which would you say is your best quality and how would that benefit the City. DECEMBER 7, 2004 PAGE 42 CC STUDY SESSION Steve Tye: It's a quality that my wife has taught me. I'd like to say that I honed it from years in sales but I think it's the quality to listen to what people are saying, understand what they are saying and be proactive to what they're saying. You know that you've had the experience with this — you're not going to please everybody all of the time but I think that we make a great deal of progress when we give people the opportunity to be heard and then taking action. C/Chang: Being in the City for a long time and also being involved in City government for a long time as you have watched the City grow, what would you like to see happen in the immediate future? Steve Tye: I'd love to see by the year end, a market at the south end of town. I'd like to see a big box retailer and the other retailers that will come into the Calvary Chapel project. I would like to see perhaps the Walnut Valley Trailer Park developed into something useful from a tax generating perspective. C/Chang: Those are the things that are happening right now. Is there anything that you would like to see changed or done differently? Steve Tye: Actually, there are two things I can think of that I was involved in. One would be to have a library come to pass. We've just received word that we didn't get some of the money from the State, so I'd like to see us make progress on that. And I'd like to see the Sports Task Force ideas implemented as well, whether that be a large complex which could be cost -prohibitive but the opportunity to work with the schools and the districts to have joint use agreements that are agreeable to all parties. C/O'Connor: When you go through a buffet line do you serve your own plate? Steve Tye: Well, there are only a few people that know the answer to that question. M/Zirbes: Share with us your ideas and opinions on traffic and traffic relief for the City of D. B. Steve Tye: Well, you know I think it's one of those things everybody wants to do something about. I don't know that anybody has been able to take cars off of the road. There are going to be more cars especially when our neighbor to the east is adding 800-1000 new homes a year. They've got to get to the freeway somehow. Some of the improvements that I've seen are what David Liu shared with us, the lead -lag timing of the signals. You can study the material and say what does that mean or you can sit at an intersection where it has been implemented and notice that it is really improving the flow of traffic. It's not reducing the number of cars, but it is improving the flow of traffic. We need to consider a bypass road. We need to have alternatives. We need to consider and think about the fact that the problem is local but we have to behave regionally by looking at things from a regional perspective and say, how can we get these cars off our road? How can we improve the quality of life in our City? MPT/Herrera: If there were one thing that you could change in D.B. what would it be? DECEMBER 7, 2004 PAGE 43 CC STUDY SESSION Steve Tye: Well, it would probably be the way it was piecemealed by the County. I would go back and make sure that it was planned differently. It wasn't how many years ago that you saw that D.B. was a master planned community. Well, I beg to differ. I think that master planned means something different today. I would prefer that it was laid out better and there was some more thought given to it. When I think of where I live up at Golden Springs and D.B. Blvd a parcel there — Mr. DeStefano could give you the actual figures but there are 15 different owners there. And when I think of the size of that parcel and the freeway frontage what we could do with that if it had been planned properly; Or, if it were to be redeveloped, I just think that would be a tremendous opportunity to improve D.B. C/Chang: What is the vision that you would like to bring to the City? Steve Tye: Well, I think that that gets back to economic development. Are we going to work toward that — are we going to let things happen or are we going to make things happen. I think that this Council especially has been more proactive than some Council's in the past. I think that we need to continue to be proactive. I think I would bring that to the Council. C/O'Connor: You have a minute left. Would you like to make a closing statement or ask us any questions? Steve Tye: I appreciate the opportunity to be considered. I think I would do a good job. I think it's important to understand that as my friend Joe Ruzicka said ages ago, and it didn't make any sense at the time, there are going to be times that we disagree and it's okay to disagree without being disagreeable. And I think that there is that spirit of cooperation on the Council, and we have the opportunity to continue that. You've got a lot of good candidates to consider. I think there's an opportunity to choose the right person for the appropriate length of time and do the right thing — pick the right person and save the City the cost of a special election. C/O'Connor: Since the Council decided that each Council Member would select one candidate for final consideration, 1 would be able to make that decision tonight. CA/Jenkins asked the Council to provide staff with a formula and/or rule that could be applied to the selection such as "if there are x number or more final candidates, interviews will be conducted. If there are y number or less, second interviews will not be done. It depends on who the people are, and you would need to adjourn to a meeting on Friday to make that determination. MPT/Herrera: So, we could say now that if three or more people were nominated, we would conduct second interviews; but if it were only two on Friday the Council would just meet and discuss. CA/Jenkins confirmed that the procedure outlined by MPT/Herrera was feasible. DECEMBER 7, 2004 PAGE 44 CC STUDY SESSION Council concurred that if more than two individuals were selected upon one vote of each Council Member, second interviews would be conducted. M/Zirbes asked what questions would be asked during the second interview. C/Chang did not want to go through the same process again. M/Zirbes said that if a Council Member was in a position to select a candidate they should be able to say why they had made the selection and that person should be ready to take over. So the Council could enter their nominations and commence discussion at the dais on December 14. CM/Lowry reiterated: Prior to preparation of the December 14 meeting, staff would know the names of the four candidates and be able to include those names for discussion and possible selection on that evening's agenda. Council will provide names of candidates to staff no later than 9:00 a.m. on Friday, December 14. Also on the agenda for discussion, will be the term of appointment. Council concurred to first select the candidate and then determine the term. CA/Jenkins pointed out that if the Council were to pick a candidate and deadlock on the term it would create the problem of having a candidate without a term. C/O'Connor felt it would be easier for the Council to come to agreement on the term that to select a candidate. C/Chang said he felt the Council should decide on the term and then select a candidate. CA/Jenkins pointed out that an alternative would be what the Council discussed last week and that would be that each time a Council Member made a motion it would include both the name and the term with the caveat that notwithstanding the procedure, the Council reserves the ability to select a person who was not from among the original 16 candidates, and not from the final four. Public Comments: None Offered. ADJOURNMENT; With no further business to come before the City Council, M/Zirbes adjourned the Study Session at 6:18 p.m. Linda C. Lowry, City Clerk DECEMBER 7, 2004 PAGE 45 CC STUDY SESSION The foregoing minutes are hereby approved this day of , 2004. BOB ZIRBES, Mayor CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION FEBRUARY 15, 2005 Agenda No. 6.1.2 STUDY SESSION: Mayor Chang called the Study Session to order at 5:01 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; David Doyle, Assistant City Manager and Acting City Clerk; James DeStefano, Assistant City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Sharon Gomez, Senior Management Analyst; Jim Clark, Legislative Consultant and Captain Mike Kwan, L.A. County Sheriff. 10. Prioritize Federal Appropriation Requests CM/Lowry reported that the first phase request for transportation funds was submitted to Congressman Miller. The second phase is for "other appropriations" and staff is seeking input from the Council with respect to the types of requests the City should make. In accordance with rankings provided by each Council Member, staff ranked the items by types of funding requests with the highest being Tonner Canyon and the second, the interchange connector for the SR 57160 at Sunset Crossing Rd. under "highway transportation." New library funding and a request for funds to improve the existing library were bundled under a 'library" category. Included in the "natural disaster" category were public repairs and private repairs. The last three items that qualified in the top tier were 1) acquisition of Lots 1 and 61 2) acquisition of Sandstone Canyon property and 3) Trails Improvements. CM/Lowry responded to MPT/O'Connor that the City would apply to the Rivers Conservancy for the trails improvement and nature center funding. C/Zirbes said he noticed that FEMA opened an office last weekend and wanted to know if the City should ask Congressman Miller for the mitigation funds. ACM/DeStefano said he understood there were different pools of money, one of which was the disaster recovery through FEMA and SBA loans. This funding request was through a different category of federal dollars that applied to economic development and housing and urban development. In fact, the category came from the Congressman's office. M/Chang felt the summary sheet represented Council consensus. FEBRUARY 15, 2005 PAGE 2 CC STUDY SESSION MPT/O'Connor recommended that the document also be sent to the State Assembly Member and State Senator in an attempt to obtain state funding for some of the items. C/Zirbes felt the list should be updated on an annual basis. ► Discussion of Sheriff Contract Changes/Increases. CM/Lowry reported that the Sheriff informed the City that it should anticipate a minimum nine (9) percent increase on $4.5 million annual cost based on usual annual costs as well as negotiated labor increases for a multi-year agreement. In addition, the Board of Supervisors intended to investigate additional ways it could recover costs from cities for countywide Sheriff services. The issue is that the contract cities fought to have the formula in place decades ago and the formula did not necessarily detail which services would remain countywide services and to some extent the details were at the discretion of the Board of Supervisors and the Sheriff as a policy matter. CM/Lowry said it was her belief that if the cost of services continued to increase, contract cities would most likely purchase less and less services. For D.B. the reality is that in order to maintain a relationship between public safety and the General Fund certain positions have been eliminated. One consideration would be to investigate the possibility of D.B. having its own department. In order to help Council make a more informed decision, she invited Andy Lazzaretto to speak to the matter. C/Herrera asked if Supervisor Knabe's office was invited to this meeting to hear the City's concerns. CM/Lowry responded, "No". Andy Lazzaretto said his company had existed for 20 years during which his firm conducted numerous safety and law enforcement studies. About 10 years ago the City of Santa Fe Springs had difficulty with its level of service and the amount of service for which it was paying. As a result they hired his firm to determine whether it would be feasible for the City of Santa Fe Springs to contract with the City of Whittier. Like D.B. Santa Fe Springs was not unhappy with the service, only concerned about the cost. In the end Santa Fe Springs decided to go with Whittier on a contractual basis saving about $500,000 with the same amount of positive impact to Whittier. In addition, Santa Fe Springs was able to initially duplicate the service and increase the level of service during the past 10 years. Whittier dedicates a group of officers to the Santa Fe Springs station. In addition, there is additional backup with the two cities being able to assist one another on an as -needed basis. Last year his firm assisted the City of La Habra to investigate a new contractual relationship to help the City save money and maintain the same level of service. In this case the issue of protection was inflexible. For various reasons La Habra decided to go with the County of Los Angeles for their service. FEBRUARY 15, 2005 PAGE 3 CC STUDY SESSION C/Herrera asked the cost of the Santa Fe Springs study Mr. Lazzaretto responded that the study was conducted about 10 years ago at a cost of approximately $70,000 and that the initial report provided Santa Fe Springs with a comparison study after which the City contracted with his firm to do the actual study. Santa Fe Springs never wanted to start their own department especially since Whittier was presented as a willing contractor and an alternative to the Sheriff's services. He felt that the City of La Habra study was very similar to D.B.'s situation and said that his firm would identify what it would theoretically take for D.B. to form its own department based on presumptions of service levels, facility, recruitment, etc. C/Herrera asked how long it would take to complete a study that included the increase in costs for the San Bernardino and the Orange County Sheriffs rates of increase for the same time period. Mr. Lazzaretto said he would recommend that the study be done in phases permitting the City to look at alternatives such as finding other cities that D.B. would want to approach on a contractual basis. Setting up a department requires a large commitment, a lot of money and involves a certain amount of risk. The City of Brea has contracted with Yorba Linda for a number of years and both cities are pleased with the relationship. Brea or Pomona or a joint powers authority with surrounding cities could present an alternative option. MPT/O'Connor said that through research, D.B. might discover that it had a good deal with its current service provider. C/Herrera felt it would be in the City's best interest to research the matter in order to make an informed decision. Mr. Lazzaretto said that one of the reasons that he recommended the County of Orange as a service alternative was because 20 cities and the County of Orange formed a joint power authority that allowed them to guarantee their contract cities a maximum annual increase. CM/Lowry stated that the auditor was asked to gather information about how much the independent cities were paying for Law Enforcement in order to compare the good deal provided by Los Angeles County. She was concerned that the auditor was not directed to look at how much property tax cities have that also have their own police departments. When contract cities were set up through LAFCO and the extent to which the property taxes were apportioned was somewhat based on contracting for sheriff's services, the Supervisors have forgotten that fact. Because property taxes were given to contract cities for them to have an affordable level of service for their community, there are not sufficient resources for most contract cities to have their own departments. The Board of Supervisors is keeping the property tax money. D.B. gets five cents of every property tax dollar and full service cities get up to 25 cents of every property tax FEBRUARY 15, 2005 PAGE 4 CC STUDY SESSION dollar. The Board of Supervisors has decided that D.B. needs to compare itself to full service cities. D.B. must use its power as a consumer of County Services. Mr. Lazzaretto explained that when the contract system was first set in motion the idea was that the only thing the cities would ever pay for was what they actually used. In the early years the contract cities were hard pressed to go elsewhere for their service levels and ultimately cost became an issue. M/Chang felt that Council Members were upset with the increase in cost and should be armed with sufficient information before confronting the County. He wanted to know 1) the cost for doing the study, 2) an idea of what a City the size of D.B. should pay to contract with a different city or joint powers authority, 3) an estimate of what it would cost D.B. to run its own department and 4) where would D.B. go to obtain its service whether it be a certain city or a joint powers authority. Other options were to maintain the current service, cut the service, contract with another city, contract with a JPA or contract with other cities to form an entity/JPA. He felt that 20 cities could form a JPA and by contributing $3 million each for instance, have an excellent sheriff's department serving the 20 cities. Worst case or best scenario could be for D.B. to have its own police department. As a businessperson he felt that vendors should offer a discount to cities that paid for a significant amount of service rather than asking for an increase. Until the Council had the numbers it could not make a determination about how to proceed nor would the City be able to talk with the Board of Supervisors without the information. C/Zirbes was interested in knowing more about relationships like that of Brea and Yorba Linda. Chino Hills contracts with the San Bernardino County Sheriff and Walnut is just across the freeway from D.B. He asked if the consultant could determine through the study if any of the aforementioned cities would be willing to discuss a relationship. He felt that D.B. would decide to stay with the County and increase the level of service or enter into an agreement with another city. If D.B. and Walnut joined forces there might be a way to purchase the existing building and recruit existing personnel. He was concerned about the City forming its own department and 10 or 15 years down the road being faced with retirement costs and concerns. He felt that the level of benefits and retirement programs for officers would be different from that of a City employee for instance. And, could D.B. get the same or better level of service from Brea for instance for which it pays the County today. To him the options would be to create some type of PD with Chino Hills and Walnut for instance or contract with Brea and whether any of the aforementioned cities be interested in such a relationship. Mr. Lazzaretto explained that the more alternatives the City would like to research, the more the study would cost. CM/Lowry pointed out that the City of Industry might be interested in being a part of a metropolitan collaboration. FEBRUARY 15, 2005 PAGE 5 CC STUDY SESSION M/Chang asked the consultant to present the City with its proposal. C/Herrera asked to see a comparison with Orange County and San Bernardino County with respect to the rate of increase to their contracting agencies over a similar time period going back to 1995. MPT/O'Connor was also interested to see a cost comparison of a patrol car from Los Angeles County versus San Bernardino County. Mr. Lazzaretto responded to M/Chang that he could have a proposal for the Council in two weeks. ClHerrera asked for a phase-in cost estimate. CM/Lowry said that Supervisor Knabe supports contract cities and his position has been that contract cities are not taking advantage of the County. He voted to continue the audit to placate the other three votes on the Board. The issue would be to present a case that would sway one of the other three Board Members to change his/her position. ClHerrera felt that if the City of Industry were interested in pursuing the information along with D.B., it might get the attention of Gloria Molina. MPT/O'Connor felt it would be worthwhile to invite the City of Walnut as well. ► Discussion of Video Media Program Proposal from MBI Media CM/Lowry prefaced the presentation by reiterating the Council's desire to communicate newsworthy events to residents. ACM/Doyle reported that he spoke with different media entities. MBI Media is local and having done a lot of work with Foothill Transit and other transit agencies can pull information from their archives that would be pertinent to D.B. This proposal references the video that would create a marketing piece for various uses such as creating the JPIA or lobbying federal legislators, etc. The proposal is for $25,000 to create the video. This is an initiation process because the City would likely be looking to this company to produce additional work with expansion of DBTV for promotional shows. Staff spoke specifically with MBI about creating an internship program to possibly utilize students from surrounding universities. MBI has an internship in place and could initiate that service for the D.B. program. In addition, MBI would catalogue and archive videos for D.B. that could be pulled forward for future use. Discussions with MBI include providing post -production services such as narration, digitization, mini - segment production for the City's website, etc. D.B. would be responsible for input and overall direction and in turn MBI Media would provide the City with a turnkey product. FEBRUARY 15, 2005 PAGE 6 CC STUDY SESSION C/Herrera asked if the transportation consultants would collaborate directly with MBI Media to make certain the correct information was provided. ACM/Doyle explained that the transportation consultants, Public Works Division staff members and other agencies on an as -needed basis would be called upon to provide input. M/Chang felt that $25,000 was a bit high and wondered if staff obtained a comparison. ACM/Doyle responded that no other formal proposals were forthcoming. Staff spoke with a contractor housed in Brea but decided to go with MBI Media based on their expertise in traffic and transportation issues. For example, the computer generated video for the new library cost the City $20,000 and compared to the cost of that video staff felt this proposal was in line. M/Chang wanted a second proposal for price comparison. No matter which company is selected he would want student interns to be involved. ACM/Doyle reiterated that MBI Media has the internship program in place and agreed to include the internship program as part of D.B.'s program. CM/Lowry explained that staff would be very involved with the production of the video and it would be a learning process for staff. Staff would be able to determine how it would participate, how the process would be managed and to what extent the City would want to have a contractor participate. Staff's research indicates that if only student interns were involved in the process it would require a great deal of staff management time and staff is not prepared to move into that unknown area. C/Zirbes asked what staff's role would be with MBI? CM/Lowry responded "storyline" or content. ACM/Doyle responded "what is the story we're trying to tell?" The first meeting with MBI included a discussion about the target audience. What is the story that D.B. is trying to tell and what are the critical components? Is it traffic and transportation issues, economic issues? C/Zirbes asked how much of the work had been done. ACM/Doyle said only what was previously produced. C/Zirbes felt it was a good idea to proceed but wondered why D.B. should spend this amount of money to get the story out to the public. If the City does not tell the right story to the right audience it would be a waste of time because traffic problems affect D.B. on a regional basis. CM/Lowry offered that it would be a good idea to bring MBI in for a presentation to the Council. She explained her concept was that MBI would create a digitized FEBRUARY 15, 2005 PAGE 7 CC STUDY SESSION record of the story and that record would be modified to play to various audiences such as the Federal Government, SCAG, Four Corners, etc. She foresaw the creation of an inventory that would serve the City over the long haul for the whole 57160 initiative. $25,000 is a lot, but she saw it as an up front investment with smaller incremental costs or the future with respect to transportation issues, for example. In addition, it would be a push to get the City started on managing production for DBTV. C/Herrera said that she suggested to Sunny McPeak that before the State spends billions of dollars building additional freeways there should be a concerted effort to fix dysfunctional areas and maximize extended port hours so that trucks could run on a 2417 basis. As an example, the SR57/60 interchange has been dysfunctional for years and there are accidents on a daily basis at that location. Public Comments: None Offered ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 6:15 p.m.,to Closed Session, Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of , 2005 WEN CHANG, Mayor Agenda No. 6.1.3 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 15, 2005 STUDY SESSION: Mayor Chang called the City Council Study Session to order at 5:00 p.m. in Room CC -8 of the SCAQMD/Government Center Building, 21825 Copley Drive, Diamond Bar, CA 91765 ► Prioritize Federal Appropriation Requests ► Discussion of Sheriff Contract Changeshncreases. ► Discussion of Video Media Program Proposal from MBI Media M/Chang adjourned the Study Session to the Regular Meeting at 6:15 p.m. CLOSED SESSION: 6:15 p.m., Room CC -8, SCAQMD/Government Center Building, 21825 Copley Drive, Diamond Bar, CA 91765 • Government Code Section 54956.9(b) Conference with Legal Counsel — Anticipated Litigation: One (1) Case CALL TO ORDER: Mayor Chang called the Regular City Council meeting t o order at 6:55 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: MPT/O'Connor led the Pledge of Allegiance. INVOCATION: Moment of Silence for those serving in the Armed Services. ROLL CALL: 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; Nancy Fong, Planning Manager and Linda Magnuson, Finance Director. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presented City Plaque to D.B.H.S. Math Department and students for their achievements. 1.2 Presentation of Los Angeles County Fire Department Year End Report - Assistant Fire Chief Nieto. FEBRUARY 15, 2005 PAGE 2 CITY COUNCIL NEW BUSINESS RECOGNITION: 1.3 Presented Plaque to Jeffery Lee, Owner of Metropolitan Furnishings, 820 N. Diamond Bar Blvd. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: None Offered. 4. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEULE OF FUTURE EVENTS: 5.0 CITY COUNCIL CANDIDATE NOMINATION PERIOD — February 14, 2005 through March 11, 2005 — for an appointment call 909-839-7010 5.1 D.B. COMMUNITY FOUNDATION MEETING — February 17, 2005 — 7:00 p.m., Room CC -8, AQMD/Government Center, 21865 Copley Dr. 5.2 NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM COMMUNITY MEETING — February 17, 2005 — 7:00 p.m., Castle Rock Elementary School, 2975 Castle Rock Road. 5.3 PRESIDENT'S HOLIDAY—City Offices will be closed Monday, February 21, 2005 in observance of President's Day. City Offices will reopen Tuesday, February 22, 2005 at 7:30 a.m. 5.4 NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM COMMUNITY MEETING - February 22, 2005 - 7 p.m., Diamond Point Elementary School, 24150 Sunset Crossing Road. 5.5 PLANNING COMMISSION MEETING — February 22, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.6 NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM COMMUNITY MEETING - February 24, 2005 - 7 p.m., YMCA, 226400 Sunset Crossing Road. 5.7 PARKS AND RECREATION COMMISSION MEETING — February 24, 2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.8 HOUSEHOLD HAZARDOUS WASTE ROUND -UP —Saturday, February 26, 2005 — 9:00a. — 3:00p., 1300 block of Bridgegate Dr. 5.9 CITY COUNCIL MEETING — March 1, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. FEBRUARY 15, 2005 PAGE 3 CITY COUNCIL 5.10 PUBLIC SAFETY COMMITTEE MEETING -March 7,2005-7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut 6. CONSENT CALENDAR: C/Zirbes moved, C/Herrera 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 CITY COUNCIL MINUTES 6.1.1 Study Session of February 1, 2005 — As Submitted. 6.1.2 Regular Meeting of February 1, 2005 — As Submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of January 11, 2005. 6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of November 18, 2004. 6.4 RATIFIED CHECK REGISTER — containing checks dated February 3, 2005 and February 10, 2005 in a combined amount of $496,714.17. 6.5 ADOPTED SECOND READING OF ORDINANCE NO. 02(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. 6.6 APPROVED PRIOR YEARS' ALLOTMENT OF TUITION REIMBURSEMENT FOR THE CITY MANAGER ($12,000). 6.7 AWARDED CONTRACT TO MBI MEDIA TO PRODUCE A VIDEO PROMOTING THE SR57/60 INTERCHANGE IMPROVEMENT PROJECT IN THE AMOUNT OF $25,000. 6.8 AWARDED CONTRACT FOR INSPECTION SERVICES TO D&J ENGINEERING FOR STARSHINE PARK IMPROVEMENT PROJECT IN THE AMOUNT OF $7,500. 6.9 ACCEPTED RESIGNATION OF DEXTER MACBRIDE AS A MEMBER OF THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY (WCCA) ADVISORY BOARD. 6.11 APPROVED DISPOSAL OF SURPLUS CITY HALL OFFICE EQUIPMENT. FEBRUARY 15, 2005 PAGE 4 CITY COUNCIL 6.12 APPROPRIATED $140,000 OF GENERAL FUND, FUND BALANCE RESERVE FROM THE PREVIOUS SALE OF PROP A FUNDS TO FUND THE CAPITAL IMPROVEMENT PROJECTS BUDGET FOR FY 2004-05 FOR CONSTRUCTION OF A NEW TRAFFIC SIGNAL AT DIAMOND BAR BOULEVARD AND MAPLE HILL ROAD. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.10 APPOINTMENT OF STEPHEN DAVIS TO THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY (WCCA) ADVISORY BOARD. C/Herrera reminded the audience that the City of D.B. had been a member of the Wildlife Corridor Conservation Authority since 1995 through a Joint Powers Agreement with the Cities of Brea, Whittier, La Habra Heights and Los Angeles County. She said that after speaking with Mr. Davis on several occasions she was pleased to recommend him for appointment. Stephen Davis said he was pleased to have the opportunity to represent D.B. on the Advisory Board. As a 25 -year resident and parents of children in the D.B. school system, he looked forward to continuing his community activism. C/Herrera moved, MPT/O'Connor seconded, to appoint Stephen Davis to the Wildlife Corridor Conservation Authority Advisory Board. Motion carried by the following Rall Call vote: AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 INTRODUCTION OF ORDINANCE NO. 03(2005): ESTABLISHING A PERSONNEL SYSTEM AND RESCINDING ORDINANCE 21 (1989). CM/Lowry reported that this Ordinance represents an effort to streamline the City's Personnel System's rules and regulations. ACM/Doyle and SMA/Crews worked with legal counsel to make certain that the Municipal Code included the required statements for administering personnel policies. She assured Council that the same effort would be put toward providing the amended rules and regulations as the next step of this process. SMA/Crews reported that the Personnel Ordinance was adopted by the City Council in 1989 and had not been renewed or revisited since adoption. The proposed ordinance simplified and streamlined the wording and carved out the elements that more appropriately belonged in personnel rules and FEBRUARY 15, 2005 PAGE 5 CITY COUNCIL regulations and added a non-discrimination provision to comply with employment law. The document went through several iterations of staff and legal counsel review. The Personnel Rules and Regulations document is currently under review for consistency with the ordinance. Staff recommends that the City Council introduce the proposed Ordinance by Title Only and waive further reading. There was no one present who wished to speak on this item C/Zirbes moved, C/Herrera seconded to Introduce Ordinance No. 03(2005: Establishing a Personnel System and Rescinding Ordinance 21 (1989). 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/Zirbes congratulated the Chinese Association for sponsoring a wonderful New Year celebration. C/Herrera congratulated the D.B. Advanced Placement Calculus teachers, Principal Dennis Paul, parents and students for their outstanding achievements. In a time when school districts are receiving diminishing dollars from the State, it is often difficult to have excellent classes. As a former Walnut Valley School District Board Member, she knew how difficult it was to find money to promote excellence. When schools find ways to achieve remarkable status, it benefits the entire community economically and socially. C/Herrera stated that the City has a couple of transportation consultants that have advised her about particular documents that are destined to appear on future agendas. Such a notice was given to her when a document was being prepared for Sunny McPeak, Secretary of Transportation and Housing for the State of California about goods movement and transportation. D.B. is particularly interested in what occurs at the SR57/60 interchange. Part of the recommendation in the first draft of the document was that the SR60 be the designated truck freeway with special truck lanes. Thanks to the advance notice by the consultants, she was able to provide input and comments to the document, was able to appear at special meetings, and ultimately formed an alliance with Council members from Rosemead, Pico Rivera and Long Beach to oppose SCAG's recommendations. They were successful in eliminating specific consideration for the SR 60 in the document and instead stating that trucks would need to follow an east/west corridor. She was grateful for staff's foresight to hire these consultants who have expertise that is beneficial to the residents of D.B. FEBRUARY 15, 2005 PAGE 6 CITY COUNCIL MPT/O'Connor said that soon the Council would engage in discussions about next year's goals and objectives and asked Council Members and residents to begin thinking about what they would like on the list. She said she understood that about six residents had opted to put their names in the hat to run for the vacant City Council position. She encouraged others to participate in the process and wished everyone success. M/Chang met with the Chamber of Commerce during the past two weeks to discuss a possible new location for the Farmer's Market. He encouraged residents to visit the Farmer's Market and partake of the fresh produce and visit with their neighbors. He spoke to the Kiwanis Club about the freeway construction projects. Apparently many of the residents are confused about what is happening. He explained the four major aspects of the project. He recently attended several events in recognition of the Chinese New Year. He encouraged residents to visit the City's Website at www.citvofdiamondbar.com and learn of the many services available to the residents. Many people are taking advantage of the beautiful Diamond Bar Center facilities for meetings and special events. Because the Center is so popular, staff is working to get a reservation system on line to make it easier for people to reserve the facility. He asked residents to offer their comments about the City through the website or by telephone to their Councilperson. 10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the meeting at 7:55 p.m. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of , 2004. WEN CHANG, MAYOR Agenda No. 6.1.4 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR 4?44,�� MARCH 1, 2005 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: Girl Scout Troop 456 led by Rosemary Oliver presented the Colors and led the Pledge of Allegiance. INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church gave the Invocation. ROLL CALL: 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 Liu, Director of Public Works; Bob Rose, Community Services Director; Nancy Fong, Planning Manager; Linda Magnuson, Finance Director; Ken DesForges, IS Director and Tommye Cribbins, Executive Assist. APPROVAL OF AGENDA: CM/Lowry announced that an item came to staff's attention on Monday after the meeting agenda was posted on the previous Friday. The item is entitled "Amendments to State Office of Emergency Services Form No. 130 Entitled Designation of Applicants Agent Resolution." According to the State Office of Emergency Services this item needs to be approved by Council prior to it being filed with them. The form needs to be updated and is a necessary element of the City's request for emergency services. Staff requests that Council approve the addition of this item to the Consent Calendar as Item 6.10. C/Zirbes moved, MPT/O'Connor seconded, to add Consent Calendar Item 6.10. Without objection, the motion was so ordered. CM/Lowry recommended Council move Item 8.1 to Consent Calendar Item 6.11. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MPT/O'Connor presented a Proclamation to Rosemary Oliver, Troop Leader for Troop 456 proclaiming the Week of March 6-12, 2005 as Girl Scout Week. NEW BUSINESS RECOGNITION: 1.2 M/Chang presented a City Tile to Dexter Mason representing Rite-Aid as Business of the Month — Mr. Mason presented a business video. MARCH 1, 2005 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry spoke about storm damage in D. B. Since the last Council Meeting the City suffered a significant number of rainstorms and received more than 35 calls from residents who had experienced flooding and mudslides. A new area of concern was on Bronze Knoll where a LA Public Works drain failed due to excessive debris buildup that resulted in serious flooding to two residences, one of which was yellow -tagged. The five other homes that experienced earlier mudslide damage suffered further damage when the current mudslide moved once again. Damage to public property has been controlled. The Sycamore Canyon Park stream moved a substantial amount of debris and the park was flooded to a certain extent causing closure of the park that has since reopened. Staff continues to work with property owners and LA County Department of Public Works to assure progress. It is a difficult situation for homeowners because the City's ability to assist them is very limited since the homes reside on private property. 3. PUBLIC COMMENTS: Lydia Plunk spoke about Consent Calendar item 6.11. She asked Council to instruct staff to respectfully request that the City be removed from the San Gabriel River Watershed Special Resources Study because although land use planning was the responsibility of local jurisdictions, the study could cause the federalization of the decision-making. Further, boundaries of the study area are excessive and not respectful of the total impact on the quality of life in this District. She was especially concerned that there was no consideration given to the many potential impacts and a total lack of discussion regarding transportation. In short, she felt this would be the vehicle for denying D.B. a bypass roadway. Chuck Martin, 444 Red Cloud, said he appreciated the opportunity to speak with the Council this evening in order to clarify his standing. Former Council Member Eileen Ansari publicly accused him of not being truthful about her assertions about Joe and Lois McManus and the PAC being investigated for wrongdoing. Mrs. Ansari also included an illusion of impropriety about current Council Members and he appreciated C/Herrera clearing the record on the matter. After the Council Meeting Mrs. Ansari told him that she did not say that Joe McManus was being investigated. A few weeks ago Eileen Ansari told this Council and the public that upon checking her notes, she found that Mr. Martin was wrong and Mrs. Ansari was correct. He said he had a video proving the aforementioned and begged the Council to show it. Being denied the opportunity, Mr. Martin said he felt it was unfair that he not be allowed to present his proof on this matter. He said that in his opinion, Mrs. Ansari has the right to speak, but she does not have the right to smear Council candidates, Council Members and citizens. Marie Buckland said she was disgusted that anyone would use this platform to attack a citizen. Mrs. Ansari was viciously attacked during her campaign for City Council, and Mrs. Buckland felt it was time for people to stop attacking Mrs. Ansari. Eileen Ansarl said she did not hear a prior speaker because she was attending another meeting. She offered to provide the text of her public comments to Mr. Martin. She said she had nothing against Joe and Lois McManus but did not agree with their PAC group, she said that citizens could investigate the matter for MARCH 1, 2005 PAGE 3 CITY COUNCIL themselves. She said the only problem she had with the individuals in the PAC was when they put out negative information about her when she was a candidate and then turned around and wanted to serve the City as a Council Member. She did not believe individuals who put out negative information should be selected to serve as Council Members. 4. RESPONSE TO PUBLIC COMMENTS: None 5. SCHEDULE OF FUTURE EVENTS: 5.1 PUBLIC SAFETY COMMITTEE MEETING - March 7, 2005 — 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd. Walnut 5.2 PLANNING COMMISSION MEETING — March 8, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 LIBRARY TASK FORCE MEETING — March 8, 2005 - 6:00 p.m., Room CC -8, AQMD/Government Center, 21865 Copley Dr. 5.4 TRAFFIC AND TRANSPORTATION COMMISSION — March 10, 2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.5 CITY COUNCIL MEETING — March 15, 2005 — 6:30 p.m., Auditorium — AQMD/Government Center, 21865 Copley Dr. 5.6 CITY COUNCIL CANDIDATE FILING PERIOD - February 14,2005— March 11, 2005. CONSENT CALENDAR: C/Zirbes moved, C/Herrera seconded to approve the Consent Calendar with the exception of Item 6.5. 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 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION MEETING MINUTES — Regular Meeting of January 13, 2005. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES 6.2.1 Regular Meeting of January 25, 2005. 6.2.2 Regular Meeting of February 8, 2005. 6.3 RATIFIED CHECK REGISTER — containing checks dated March 1, 2005 in the amount of $784,150.29. MARCH 1, 2005 PAGE 4 CITY COUNCIL 6.4 RECEIVED AND FILED TREASURER'S STATEMENT — month of January 2005. 6.6 ADOPTED ORDINANCE NO. 03(2005): ESTABLISHING A PERSONNEL SYSTEM AND RESCINDING ORDINANCE 21 (1989) IN ITS ENTIRETY. 6.7 APPROVED AMENDMENT NO. 3 TO CONTRACT WITH MCDERMOTT CONSULTING, INC. IN THE AMOUNT OF $36,000 FOR TRANSPORTATION PLANNING CONSULTING SERVICES AND APPROPRIATED NECESSARY FUNDS FROM GENERAL FUND RESERVES. 6.8 AWARDED DESIGN AND CONSTRUCTION ADMINISTRATION SERVICES FOR AREA 1 SLURRY SEAL AND ASPHALT RUBBER AND AGGREGATE MEMBRANE (ARAM) PROJECT TO NORRIS-REPKE IN THE AMOUNT OF $47,260 AND AUTHORIZED A CONTINGENCY AMOUNT OF $5,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $52,260. 6.9 ADOPTED RESOLUTION NO. 2005-14: RATIFYING AN EMERGENCY DECLARATION ISSUED BY THE CITY MANAGER ON FEBRUARY 22, 2005 DECLARING A LOCAL EMERGENCY. 6.10 WALK ON ITEM NO. 6.10 — AMENDMENTS TO STATE OFFICE OF EMERGENCY SERVICES FORM NO. 130 ENTITLED "DESIGNATION OF APPLICANTS AGENT RESOLUTION." 6.11 APPROVED LETTER TO NATIONAL PARK SERVICE REQUESTING REMOVAL OF THE CITY OF DIAMOND BAR AND ITS SPHERE OF INFLUENCE FROM THE SAN GABRIEL RIVER WATERSHED SPECIAL RESOURCES STUDY AREA. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.5 ADOPT RESOLUTION NO. 2005-13: REQUESTING THE LOS ANGELES COUNTY BOARD OF SUPERVISORS TO UNDERTAKE A FAIR AND NON - ARBITRARY AUDIT OF THE SHERIFF'S COST CHARGED TO THE TAXPAYERS OF THE CONTRACT CITIES. At the request of MPT/O'Connor CM/Lowry explained that the Board of Supervisors had directed their County Auditor to review the contract used by client cities to determine whether all billable costs were in fact being billed to the cities and whether the County should continue to absorb countywide costs that would more appropriately be billed to all cities. To some it would appear that the auditor might find ways to charge the cities more to gain additional income for the County. The proposed resolution encourages the Board of Supervisors to stop the way in which the audit is currently being MARCH 1, 2005 PAGE 5 CITY COUNCIL done and to look at a more independent method to review the method of billing out services. Under the current system D.B. residents are being asked to pay again for countywide services that they have already paid for through their property tax. These are concerns being voiced by all cities and the Supervisors are in a dilemma about how to balance their budget and how to be accountable to all of their residents. D.B. is bordered by three other jurisdictions and from time to time jurisdictions find themselves crossing those borders for enforcement purposes. How would the level of law enforcement in one city change the law enforcement required in another city? D.B. believes these are issues that the Board of Supervisors must take into consideration and the language included in the resolution makes that point. Therefore, staff recommends City Council approval of the resolution. MPT/O'Connor explained that D.B. is facing a 9 percent increase in payment to the County for law enforcement. The auditor intends to find 10-15 percent in addition to the 9 percent that can be passed along to the cities. She asked that the resolution be passed by the City Council and forwarded to the Board of Supervisors as well as other contract cities. MPT/O'Connor moved, C/Herrera seconded, to adopt Resolution No. 2005- 13. 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 7. PUBLIC HEARINGS: 7.1 APPROVE FIRST READING OF ORDINANCE NO. 04(2005) AMENDING DEVELOPMENT CODE PERTAINING TO SECOND UNITS, GUESTHOUSES, SECOND KITCHENS, NUMBER OF PARKING SPACES, OUTDOOR DISPLAY AND SALES, DISCRETIONARY REVIEW PROCESSES, PROPERTY MAINTENANCE AND DEFINITIONS. PM/Fong summarized the changes. The new standard is that the guesthouses and second units would only be allowed in Rural Residential and Low Residential Districts instead of all residential districts. Property owners may have either a guesthouse or a second unit, not both. The second unit has a kitchen and the guesthouse does not have a kitchen. Second units require one parking space because they are separate units and may be rented depending on the size of the lot. Guesthouses are temporary living quarters and cannot be rented. Another area of change is with respect to holiday lights. Because these are concerns with the proposed criteria staff has recommended that this section be pulled from the amendment for later consideration. PM/Fong requested that the City Council approve First MARCH 1, 2005 PAGE 6 CITY COUNCIL Reading by Title Only and waive full reading of Ordinance No. 04 (2005). C/Herrera asked what the concern was about holiday lights. PM/Fong said there was some concern about the type of holiday as well as the types of lights and decorations and that these items required further clarification. M/Chang opened the Public Hearing With no one present who wished to speak on this matter, M/Chang closed the Public Hearing. MPT/O'Connor moved, C/Zirbes seconded to approve first reading of Ordinance No. 04(2005). M/Chang felt it was unreasonable to disallow microwaves and hot plates from guesthouses. He was certain that people would not comply and felt they should be allowed the freedom and convenience. ACM/DeStefano stated that during Planning Commission discussion of the matter raised by Chair/Chang the Planning Commission chose to make no changes to the amendment. However, staff would not be opposed to modification of the ordinance. CA/Jenkins asked for clarification of Chair/Chang's proposed amendment. Because kitchens are prohibited from guesthouses he assumed M/Chang was asking for exclusion of microwave ovens and was M/Chang also recommending the exclusion of any plug-in device. M/Chang referred to excluding hot plate (#2) from the Section pertaining to kitchens and cooking facilities on Page 11. On Page 12, #4, Item 1— exclude microwave only. CA/Jenkins referred M/Chang to the beginning of 0) — the guesthouse shall not contain a kitchen or other cooking facilities and asked for clarification to indicate that hotplates and microwaves were permitted. CA/Jenkins suggested 0) could read as follows: the guesthouse shall not contain a kitchen or cooking facilities other than a microwave oven or hotplate. M/Chang concurred. MPT/O'Connor amended her motion as recommended by CA/Jenkins and C/Zirbes accepted the amended motion. MARCH 1, 2005 PAGE 7 _ CITY COUNCIL Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor, NOES: COUNCIL MEMBERS: Noneang ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Herrera said she was pleased that Council took action regarding a letter requesting D.B.'s deletion from the study area for the San Gabriel River Watershed Special Resources Study to create a national park. The watershed area incorporates the entire San Gabriel Valley and stretches into Orange County and San Bernardino County. While D.B. is not opposed to keeping areas in their natural state D.B. is very interested in protecting its right for consideration of a future bypass roadway. If the area were designated a national park it would most likely preclude any future hope of seeing the bypass roadway becoming reality. D.B. will host a public meeting on March 23 at the D.B. Center to present additional information on this matter. She and C/Zirbes serve as the City's representatives to Foothill Transit. Of late, there have been incidents of improper behavior on the part of students who attend Lorbeer Middle School. Although parents might believe it is harmless behavior, it has the potential of endangering other bus riders should the bus driver become distracted. For the sake of public safety it is important that students behave and follow the rules when riding the school bus. Assemblyman Bob Huff is processing a joint resolution for the State of California to permit cities to have one zip code, a hot button item for D.B. for several years. Assemblyman Huff has asked cities to write letters supporting the resolution. Cities receive revenues from the State by zip code and D.B. is in jeopardy of not receiving all of its tax revenue, an important consideration for D.B. and for other cities. C/Herrera said that tonight there was discussion about truth in public comments. Everybody has the right to free speech and to participate in public comments at this meeting. Individuals do not have the right to speak lies and to smear people's reputations. Mrs. Ansari is a very angry person and has been a very an gry person for three years. C/Herrera said that she too had a copy of the pe Mr. Martin referred to, and Mr. Martin was correct about what Mrs. Ansari stated and asserted. There has been controversy about Political Action Committees. On the one hand Mrs. Ansari derides and condemns the PACs and on the other hand she admits that she took money from PACs. Nursing associations, universities, police departments and sheriff's departments have Political Action Committees and in and of themselves they are not heinous. C/Herrera said she felt it was important for the Council to keep its meetings as professional as possible, especially as the City nears an election. Some individuals are very upset that there is so much anger, she said that there is no anger from Council Members toward the public, but there are about six people in the community that spew anger toward the Council. The accusations and scolding need to stop and the City needs to conduct its MARCH 1, 2005 PAGE 8 CITY COUNCIL Professional business during the Council meetings. C/Zirbes encouraged residents to look at their properties for possible flood and mudslide mitigation since this is reported to be one of the wettest Winters on record. The City has posted information on its website and is running information on DBTV Channel 3 that will give homeowners ideas about what they should be doing and things they should be looking out for with respect to standing water, cracks, etc. MPT/O'Connor reminded residents that a fund was established through the Diamond Bar Community Foundation to collect donations to help property owners mitigate their damage. The Landslide Relief Fund was established primarily for the five homes on Minnequa. However, other homeowners have also suffered damage. She said she would speak with the Foundation to see if the fund could be expanded to include other residents who suffered damage. All donations are gratefully received and appreciated. Last week she attended the D.B. Rotary Club's 100t Anniversary celebration. She congratulated the D.B.H.S. basketball team on their entry into the finals of the C.I.F and wished them well on their first game tonight. D.B. has a new driver in town. Her youngest daughter recently turned 16. On Friday she passed her driver's test and MPT/O'Connor said she hadn't seen her daughter since! M/Chang commented on this morning's touching ceremony for retiring staff member Dorothy Schmidt. The room was packed and she received a standing ovation. She said she felt bad about leaving D.B. but looked forward to getting home in order to prepare something special for her husband who would be retiring in about a year. M/Chang thanked Dorothy for her service to the City and hoped that she would enjoy her retirement. M/Chang stated that in the future he would not allow personal attacks from the podium and expected public speakers to be on their best behavior. 10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the meeting at 7:50 p.m. LiNDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of 2005. WEN CHANG, MAYOR CITY OF DIAMOND BAR Agenda Na. 6.2.1 MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 Copley Drive JANUARY 27, 2005 CALL TO ORDER: Chairman Grundy called the Parks and Recreation Commission meeting to order at 7:06 p.m. in the SCAQMD/Government Center Building Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chair Lyons led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dave Grundy, Vice Chairman Nancy Lyons and Commissioners Benny Liang. Commissioner Ling -Ling Chang arrived at 7:30 p.m. Commissioner Marty Torres was absent. Staff Present: Bob Rose, Director of Community Services; Jim DeStefano, Assistant City Manager; Sara West, Recreation Supervisor ll; Bryan Petroff, Parks and Maintenance Supervisor; Alison Meyers, Recreation Coordinator and Marisa Somenzi, Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As presented in the agenda. 1. CONSENT CALENDAR 1.1 Minutes for the November 18, 2004 Regular Meeting. VC/Lyons moved, C/Liang seconded to approve the November 18, 2004 minutes as presented. Without objection, the motion was so ordered with C/Chang being absent. 2. INFORMATIONAL ITEMS 2.1 Economic Development update — ACM/DeStefano ACM/DeStefano reported that JCC Development is in escrow to purchase a 25 -acre parcel located across the street from South Point Middle School. About seven of the 25 acres closest to Morning Sun are buildable. Lewis Homes of California purchased a seven -acre parcel also adjacent to Morning JANUARY 27, 2005 PAGE 2 P&R COMMISSION Sun. The two companies are working together on a residential development that would potentially incorporate a 2.87 -acre site previously dedicated for a neighborhood park as a substitute for what was intended to be "Larkstone Park." Staff intends to recommend construction of a turnkey three -acre park within the development meeting the standards of Maple Hill Park, for example. The developers, the Walnut Valley Unified School District and the City of Diamond Bar are working out the details and the contract and construction details should be completed by third quarter of 2005. Property to the west of the site is a vacant area known as Sandstone Canyon. The City Council has directed staff to attempt to acquire Sandstone Canyon from the Walnut Valley Unified School District for no specific purpose other than to control its future. ACM/DeStefano responded to Chair/Grundy that the City's General Plan goal calls for applying assets to park and open space for potential future uses. The City is exploring the option of capturing Sandstone Canyon and what it would be used for in the future is unknown at this point. 2.2 Recreation Program Report — RSII/West 2.3 Diamond Bar Community Foundation Oral Report — CSD/Rose. 2.4 City Birthday Party — Oral Report. 2.5 C.I.P. Program Report — CSD/Rose. a. Diamond Bar Center b. Trail & Trail Head Development at Sycamore Canyon Park C. Summitridge Park Restroom and Tot Lot Development — on hold pending consideration of an aquatics park facility. d. Picnic Shelter at Pantera Park e. Sycamore Canyon Park ADA Retrofit — Phases 1I and II I Starshine Park ADA Retrofit g. Lorbeer Ball Field — Artificial Turf — negotiating with school district. 3. OLD BUSINESS: 3.1 Youth Master Plan and Selection of Commissioners to serve on the Collaborative. CSD/Rose reported that staff continues to pursue Phase I of the Youth Master Plan and development of a work plan. 4. JANUARY 27, 2005 PAGE 3 P&R COMMISSION VC/Lyons said she could not support adoption of the document due to lack of backup documentation and errors contained within the report. Denis Paul, Diamond Bar High School Principal and steering committee membertold her that he had not seen the report and also told her that the figures she represented to him as contained in the report were not factual. She felt a study session to review the document would be in order. Chair/Grundy reiterated the Commission's requested to hold a joint study session with the City Council to review the document and convey the Commissioners thoughts and comments. CSD/Rose asked if the Commission would agree to meet with staff to determine the issues. VC/Lyons felt the issues had not changed. When the Commission last discussed this document many concerns were voiced. C/Liang felt the Commission should meet with the City Council to discuss this matter because he was uncomfortable with the report. He would feel irresponsible if he were to recommend the report on its face. C/Chang recommended that the Commission hold a study session to state their concerns and be certain that all Commissioners were on the same page prior to discussing the matter with the City Council. CSD/Rose agreed to schedule a study session for the Commission. NEW BUSINESS: 4.1 DISCUSSION OF TURF DAMAGE TO CITY PARKS BY TRESPASSING VEHICLES. CSD/Rose reported and recommended that the Commission discuss potential and appropriate methods to keep trespassing vehicles off of the turf at the City's public parks. VC/Lyons suggested the City form Neighborhood Watch programs in affected neighborhoods and work to gain the residents' cooperation in reporting offenders. Chair/Grundy asked if motion detectors hooked to an alert system in a central location would work as well as security cameras. C/Liang asked if staff had contacted the Walnut Valley Unified School District to gather information about possible measures they had undertaken to eliminate this type of vandalism at Chaparral and other schools. CSD/Rose stated that all school campuses are fenced and the parks are wide open. Chair/Grundy suggested that staff evaluate mitigation measures on a cost basis and report back to the Commission. He also suggested a red light JANUARY 27, 2005 PAGE 4 P&R COMMISSION camera at the park entrance to capture the license plate numbers. C/Chang agreed. C/Liang suggested that attention could be brought to the residents via the City's Newsletter asking them to report these types of incidents to the City and/or the Sheriff's Department. CSD/Rose thanked the Commissioners for their valuable input and said that staff would take their suggestions under advisement and report back at a future meeting. 4.2 CONSIDERATION OF CHANGE TO SKATE PARK RULES TO ALLOW RAZOR SCOOTERS. CSD/Rose reported. Anita Loree disagreed that the scooters would cause additional wear and tear to the concrete because skateboards have metal trucks on the bottom. In fact, skateboarders grind on the metal portion. Several area skate parks allow scooters and she transports her children to those parks because her kids enjoy the sport. She disagreed with the concept that the scooters would present an additional liability risk to the City. Riders can hang on to the scooters whereas skateboards can fly out from under the kids and strike individuals and property. Eric Loree said he attends Lorbeer Middle School and a good portion of his life centers around scootering because he loves it so much. He felt scooters were safer and would cause no more damage than skateboards because both skateboards and scooters contain the same metal material. John Radtke, teacher and reserve deputy, said there did not seem to be much of a problem with scooters causing damage and injuries in skate parks in the area. He works in a hospital teaching radiology and has witnessed that most accidents result from skateboard use because when they fall off they usually land on their wrists and end up breaking their wrists. In fact, the skateboarders do not usually wear protective gear. Scooters do wear protective gear. Unfortunately, there is not a lot of activity for teenaged boys in this immediate area and the sport of scootering has been a very positive experience for them and keeps them out of trouble. He hoped the City would reconsider allowing scooterers to use the skate park in D.B. as other cities allow. Claremont, Pomona, LaVerne, Perris, Oceanside, Carlsbad and Bellflower are some of the cities that allow scootering at skate parks. Laurie Illig felt it was important for the City to support kids and to keep the teenagers busy in a positive way. VC/Lyons recommended that RS/Wright investigate this matter with the skate park coalition and speak with the cities of Claremont, Pomona and LaVerne and report back to the Commission before a recommendation was forwarded to the City Council. She agreed that it was important to have JANUARY 27, 2005 PAGE 5 P&R COMMISSION worthwhile activities available for youth. Chair/Grundy said that he too would like additional information and statistics regarding accidents and damage to consider prior to forwarding a recommendation. He also requested that the City Attorney offer his opinion regarding the liability exposure. CSD/Rose said that this matter would be discussed with the City Attorney and the JPiA, the City's Risk Management Agency. 5. ANNOUNCEMENTS: CSD/Rose stated that the next Parks and Recreation meeting was scheduled for Thursday, February 24 at 7:00 p.m. C/Liang asked if other damage had occurred to the D.B. Center during the rainstorms. CSD/Rose said there was some minor damage to the wood in the Oak Room and other areas of the Center. In general there was little damage to the City's parks and public rights of way. C/Chang announced that the Diamond Bar Community Foundation agreed to establish a relief fund collection account for the Minnequa and Sunset Crossing landslide. She invited everyone to attend the Chinese New Year Lunar Festival February 12 beginning at 9:30 a.m. at D.B.H.S. VC/Lyons asked if it would be appropriate for the Commission to send a letter of appreciation to Mt. Calvary thanking them for use of their gym and how the use had greatly improved the youth basketball program. She said that the Snowfest was wonderful and that she thoroughly enjoyed herself and she could tell that the children enjoyed themselves as well. She felt there should be a punch list item to review the sound system in the Diamond Bar Center ballroom because there have been many complaints from people who were seated at the back of the ballroom and could not hear the speakers and she noticed the problem as well. Chair/Grundy wished everyone a Happy New Year. Since the last meeting several tragedies had occurred in the nation and he felt it was appropriate for people to reflect on the many benefits enjoyed by the citizens of D.B. ADJOURNMENT: Upon motion by C/Chang, seconded by C/Liang and there being no further business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting at 8:31 p.m. Respectfully Submitted, Bob Rose, Secretary Attest: Dave Grundy, Chairman Agenda No. 6.2.2 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION STUDY SESSION DIAMOND BAR CENTER — SYCAMORE ROOM 1600 S. GRAND AVENUE FEBRUARY 7, 2005 CALL TO ORDER: Chairman Grundy called the Parks and Recreation Commission Study Session to order at 6:43 p.m. in the Diamond Bar Center Sycamore Room, 1600 S. Grand Avenue, Diamond Bar, California 91765. 1. ROLL CALL: Present: Chairman Dave Grundy, Vice Chairman Nancy Lyons and Commissioners Ling -Ling Chang, Benny Liang, Marty Torres. Staff Present: Bob Rose, Director of Community Services; James DeStefano, Assistant City Manager; Ryan Wright, Recreation Supervisor; Sara West, Recreation Supervisor II; Alison Meyers, Recreation Coordinator and Marisa Somenzi, Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. 2. NEW BUSINESS: 2.1 REVIEW OF DRAFT YOUTH MASTER PLAN. CSD/Rose presented staff s report and recommended that the Commission review the draft Youth Master Plan, provide recommendations for changes, correction and additional suggestions for completion of the document by staff and the consultant and discuss possible recommendation for approval of the document to the City Council. CSD/Rose responded to VC/Lyons that the community interviews were conducted by the steering committee. Each steering committee memberwas requested to interview at least five individuals in the community who had an interest in youth. Most commissioners said they were concerned about and wanted improvement in the accuracy of the summarized information as it related to D. B. C/Chang said it was her impression from participating in the last leg of the process the recommendations in the Youth Master Plan came about through collaborative of people within the steering committee and not necessarily from statistics and information represented in the report provided by the consultant. FEBRUARY 7, 2005 PAGE 2 P&R COMMISSION STUDY SESSION C/Torres felt that by comparison the Sports Center Task Force information was very concrete and the Draft Youth Master Plan was very abstract. The problem with the Draft Youth Master Plan was that there were mixed expectations and in his opinion, the consultant had not offered the City very much substance to this point. However, if the resulting document was produced at the direction of the City it would be appropriate. CSD/Rose explained that the consultant was requested by the Cityto include as much scientific data as possible. The original proposal from the consultant did not include the telephone survey. If the intent of the draft were to build a foundation of information that would be used to make future decisions it would have to have a scientific foundation to balance the antidotal information that would be obtained through remaining processes. The original intent was to include information from the telephone survey and from the Search Institute Survey. As it happened there was a lack of participation in the Search Institute Survey. At the eleventh hour staff used the Healthy Kids Survey from both school districts and the only data incorporated was the data that matched from both districts. Chair/Grundy called for a survey of the Commissioners to determine whether they felt something could be done to render the draft report a viable document. VC/Lyons felt the Commission's goal was to come up with a viable document and asked that each Commissioner first speak to that issue. ACM/DeStefano suggested that the Commissioners might want to listen to staff's report about the foundational building blocks that led to the conclusions in the draft document. Chair/Grundy felt the Commissioners should first summarize their concerns to help CSD/Rose point out areas that addressed those concerns. C/Liang felt that the City was moving from a Parks and Recs program to a Human Services type of program and wondered if the City had the budget to promote the types of programs outlined in the draft plan? Does the California Healthy Kids Survey really pertain to the residents of D.B.? If the City of Claremont used a similar project how many years has their plan been in place and how successful has it been? His major concern was with the telephone data survey and language barriers that may have skewed the information collected in December 2003. With respect to Phase III containing the statement "increase D.B.'s ability to become a useful friendly community" he pointed out that the community is very diversified with English as a primary language of D.B. residents comprising about 46 percent of the City's population and non-English speaking about 54 percent and wanted to know if the report considers language barriers of the diverse ethnic backgrounds? On the surface the plan looks good. However, some of the data and procedures are of concern to him. C/Torres felt the report fell so short of the City's needs that it would be FEBRUARY 7, 2005 PAGE 3 P&R COMMISSION STUDY SESSION difficult to approve the plan. In his opinion, the recommendations nao no substance. To him a plan was a roadmap and this plan is so general in nature that it would not take a consultant's expertise to put together such a plan. He felt staff could have prepared a better plan and to him the City was ill served by the consultant's presentation. The document is replete with vague examples and it is misleading. In addition, the document is full of mistakes and sloppily written. In short, he does not believe the consultants did their job. If the goal was to bring together community members and develop consensus, did that happen, absolutely, and that is the good side of this matter. If the document provided a specific plan that could be implemented to meet specific goals the document would be a viable document. If staff believes this document is the next step in the process he would not be on board with that theory. Again, in his opinion the City paid too much for too little. C/Chang agreed with C/Torres that the document should not have cost the City so much money. The executive summary on strategy was compiled within groups of community individuals. A document that contains statistics that may or may not represent D.B. falls short. She would prefer to remove the statistics and move forward with the executive summary as a community tool wherein community leaders could bring forth recommendations. She felt it was not a good job by the consultants because the document was padded with unusable statistics. At this point, she did not know what to recommend and wanted to consider all input. VC/Lyons agreed with fellow commissioners. She felt that the data should be eliminated from the report and that all statements should be documented with statistics. Further, the document should reflect the challenges of the residents of D.B. and all numbers should be compared to national and state norms. The report should be specific, not vague. The document should be proofread and doubled checked with respect to statistics. Ultimately, that would be the consultant's job because they are presenting the final document for approval. If she cannot follow the document others will not be able to follow it. It may be correct but it does not make sense. Also, the document should contain conclusions that are very specific. She understood that this document was not the end-all, be-all however, she would be surprised if the conclusions reached in the report were correct because the data is so flawed. Chair/Grundy also agreed with his fellow commissioners. He said he had too much respect for his fellow commissioners and for the City to allow everyone to continue to "bang their heads" on this. What he heard Commissioners say was that no one felt the City had gotten its money's worth, that no one felt the document could be called a "plan" and that some of the defects were so significant that remediation would not bring it in line with calling it a "plan." Chair/Grundy said he felt the way to move forward was to find some middle ground to accept the document in some fashion such as calling it a "Youth Master Study" and allow for additional follow up. FEBRUARY 7, 2005 PAGE 4 P&R COMMISSION STUDY SESSION C/Torres felt that at the very least the document should provide a model for proceeding to consensus. He reiterated his feeling that as a salaried City employee Kim Crews had provided this information two years ago. The consultants included six websites that the City could research "at its leisure" in order to decide which collaborative model it should implement. To him the document was an embarrassment. One method for salvaging the current document would be to take the negatives and develop fixes. For example, do not declare that the City "needs a community collaborative model" but state recommendations for the model and use the websites in the appendix as examples for acquiring further education. CSD/Rose stated that the issue with the collaborative model was that the three governmental agencies, the two school districts and the City needed to decide how to staff the collaborative. Chair/Grundy asked if it was possible for the City to get remediation from the consultant that would include specific recommendations. RC/Meyers said that she attended the steering committee meetings for the entire 18 months and watched the process. When considering collaborative models it is not possible for a consultant to make a specific recommendation because the collaboratives have to determine how the model would fit into the group. She said she had recommendations that would be appropriate to present to the collaboratives but it would take the three entities to lead the process, that this was the purpose of the Youth Master Plan and the way that other Youth Master Plans such as the Claremont plan were written. CSD/Rose again explained that staff did not consider this a finished document. Staff's intent was to move forward to compile the annual work plan and collaborative model with buyoff by the two school districts and the City Council. The draft document would be a basic document to which other portions would be added to get to the point of having outcome based measurements that would be included in the document. RC/Meyers explained that the school districts have been involved in the process from day one and believe in this process and understand that this document presents a foundation for moving forward. VC/Lyons asked if the soft conclusions came from accurate data? RC/Meyers responded that some of the soft data came as a result of the consultant's effort to make sure that certain individuals on the committee were heard. Chair/Grundy asked if staff required the Commission to do anything with this document in order for his department to proceed? CSD/Rose responded no. However, everything that develops from this point forward would be the basis for the Youth Master Plan and it would be difficult to come back to the Commission without agreement about the direction of the City. Commissioner Liang reiterated that he was concerned that the City was FEBRUARY 7, 2005 PAGE 5 P&R COMMISSION STUDY SESSION heading in a direction that was outside the purview of parks and recreation. In his opinion this was a culture shift that moved the City toward human services. CSD/Rose said that there was no way that D.B. could provide these services on its own and that is why a collaborative was formed and it is possible that the City may continue providing current programs and also become the focal point of this plan. CSD/Rose stated that the City had opportunities to be involved with collaboratives. For example, the Walnut Valley Unified School District was interested in an afternoon tutoring program and the City happens to run no - charge afternoon tutoring program at the Diamond Bar Center. The school district is interested in getting tutors from CalPoly Pomona and making the service available throughout the community. It would be the City's intent to also include Pomona Unified School District in the program. He cited other examples that resulted in progress through the plan. Chair/Grundy said that although the Commission may not agree with the document its disagreement should not hold up the City's progress. C/Torres asked CSD/Rose if it would be bad for the City if the draft plan were not approved. VC/Lyons asked for CSD/Rose to elaborate on how it would be more difficult for staff if the draft plan were not adopted. CSD/Rose said it would ultimately be the City Council's decision whether to adopt the draft and that the City's goal was to have some sort of document go to the two school districts as well. He said that the document in its current form would not go to the school districts because there were too many holes and mistakes in it. VC/Lyons asked how much time and money would be required to fix the mistakes. RC/Meyers said she had been working on the document and presented corrections based on the Commissioner's concerns as well as mistakes she and CSD/Rose had found. VC/Lyons said she expected better from professional consultants. She agreed with ClTorres that this document would not be acceptable for presentation even at a high school level. ClTorres pointed out that the prioritization charts were a compilation of cut and paste and sloppily done. The cumulative nature of the sloppiness and blatant errors gave him a bad feeling about the document. He felt a compilation of the Commissioners concerns should be given to the consultant and that the City should at the very least hold the consultant accountable for those items. Chair/Grundy said that if the consultant was unable see their own mistakes and have to wait for the City to ask for corrections there was something wrong with the process. It was almost as if the consultant had not read the document. He felt that the consultant should prove to the City that the draft was a cohesive document and wanted obvious errors fixed. For the Commission and staff to spend time fixing obvious errors is ridiculous. FEBRUARY 7, 2005 PAGE 6 P&R COMMISSION STUDY SESSION C/Liang was skeptical about the consultant's ability to fix the document. C/Torres said he would approve the document if the consultant cleaned up the document and fixed the lists. He would also like for the consultant to put more substance into the recommendations. On the positive side the document revealed needs in the middle school age groups. He explained that his real concern on a going forward basis was that the consultant had failed to adequately prioritize her recommendations. RC/Meyers said that if she could have the Commissioners input by the end of the week she would work with the consultant next week and have the revised document ready for the March 24 meeting. Chair/Grundy assured staff that the Commission would buy into the going forward process. He asked that the City not recommend the consulting group. VC/Lyons asked if staff could provide tabs for the revised binder. She said she would not likely be present at the March 24 meeting. ADJOURNMENT: Upon motion by VCILyons, seconded by C/Torres and there being no further business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting at 8:15 p.m. Respectfully Submitted, Bob Rose, Secretary Attest: Dave Grundy, Chairman Agenda 4 6.3 Meeting Date: March 15, 2005 CITY COUNCIL �AGENDA REPORT . ��rrRlPtsCFtrFLv� TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage TITLE: Ratification of Check Register dated March 10, 2005. RECOMMENDATION: Ratify Check Register dated March 10, 2005 in the amount of $680,096.34. FINANCIAL IMPACT: Expenditure of $680,096.34 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 March 10, 2005 for $680,096.34, 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. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Departme t ead Attachments: Affidavit and Check Register — 03/10/05 Deputy anager CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listing of demands, invoices, and claims in the form of a check register dated March 10, 2005 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts. Fund # Description 001 General Fund 011 Com Organization Support 112 Prop A - Transit Fund 115 Integrated Waste Mgt Fund 118 Air Qlty Impr FD (AB2766) 125 Com Dev Blk Grant Fund 126 Citizens Option for Public Safety Fd 138 LLAD #38 Fund 139 LLAD #39 Fund 250 Capital Improvement Project Fund Total for All Funds Signed: Linda G. WgnusbnO Finance Director Amount $613,631.53 2,000.00 39,026.44 4,303.60 8,880.88 2,855.00 1,719.54 280.00 3,009.35 4,390.00 $680,096.34 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 1 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK 1ST PMF BANCORP 0014030-44000-- 15746 2/25/05 TEMP SVCS -WK 2/18 1,119.08 03/03/2005 63849 TOTAL PREPAID CHECK(S) 1,119.08 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,119-08 ACCENTS DISTINCTIVE EVENTS 0014415-42325-- 16092 2370 DINNER-V/PATROL 3,636.40 03/10/2005 64251 TOTAL PREPAID CHECK(S) 3,636.40 TOTAL, UNPAID CHECK(S) .00 TOTAL DUE VENDOR 3,636.40 APELPHIA 0014010-42130-CC205-42130 MODEM SVCS -COUNCIL 46.95 03/10/2005 64252 TOTAL PREPAID CHECK(S) 46.95 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 46.95 ADVANTEC CONSULTING ENGINEERS 2505510-46412-20005-46412 16022 98171-03 CIP PROJ-D/B/MAPLE HILL 700.00 03/10/2005 64253 2505510-46412-20305-46412 16022 98171-03 CIP PROJ-D/B/COLD SPRING 600.00 03/10/2005 64253 2505510-46412-20205-46412 16022 98171-03 CIP PROJ-D/B/SR 57 NS 500.00 03/10/2005. 64253 2505510-46412-20205-46412 16064 98171-03 CIP PROD-D/B/SR-57 NB 275..63 03/10/2005 64253 2505510-46412-20005-46412 16064 98171-03 CIP PROD-D/B/MAPLE HILL 275.62 03/10/2005 64253 2505510-46412-20305-46412 16064 98171-03 CIP PROJ-D/B/GOLF SPRING 275.63 03/10/2005 64253 2505510-46412-20105-46412 16022 98171-03 CIP PROJ-D/B/SUNSET XING 650.00 03/10/2005 64253 2505510-46412-20105-46412 16064 98171-03 CIP PROJ-D/B/SUNSET XING 275.62 03/10/2005 64253 TOTAL PREPAID CHECK(S) 3,552.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 3,552..50 XIOMARA AGUILERA 001-23002-- 17226 PK REFUND -HERITAGE 16447 250.00 03/03/2005 63850 TOTAL PREPAID CHECK(S) 250.00 TOTAL UNPAID CHECK(g) -00 TOTAL DUE VENDOR 250.00 AJ CONSTRUCTION SPECIALTIES 0015333-42210-- 5101 MAINT-DBC B5.36 03/10/2005 64254 TOTAL PREPAID CHECK(S) 85.36 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 85.36 AJAX SIGN GRAPHICS INC 0014090-41200-- 25332 SUPPLIES -NAMEPLATES 138.83 03/03/2005 63851 0014090-41200-- 25337 SUPPLIES -NAMEPLATE 25.38 03/03/2005 63851 TOTAL PREPAID CHECK(S) 164.21 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 164-21 JOANNE ALY 001-34780-- 17210 RECREATION REFUND 37.00 03/03/2005 63852 TOTAL PREPAID CHECK(S) 37.00 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 37.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 2 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO N INVOICE DESCRIPTION AMOUNT DATE CHECK AMERICAN CLASSIC SANITATION 0015340-42130-- 15556 1-71997 EQ RENTAL-LORBEER SCHL 69.24 03/10/2005 64255 TOTAL PREPAID CHECK(S) 69.24 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 69.24 AMERICOMP GROUP INC 0014070-45000-- 15753 4466 SUPPLIES -TONERS 188.24 03/03/2005 63853 0014070-45000-- 15753 4440 SUPPLIES -TONERS 593.53 03/03/2005 63853 TOTAL PREPAID CHECK(S) 781.77 TOTAL UNPAID CHECK(S) .DO TOTAL DUE VENDOR 781.77 APWA SOUTHERN CALIFORNIA CHAPTER 0015510-42340-- APWA TRNG-P/WORKS STAFF 405.00 03/03/2005 63854 TOTAL PREPAID CHECK(S) 405.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 405.00 ARROYO GEOTECHNICAL CORP 001-23010-- 16130 031-5177 PROP.SVCS-EN-04-469 450.00 03/10/2005 64256 001-23012-- 031-5177 ADMIN FEE -EN 04-469 81.00 03/10/2005 64256 001-34650-- 031.-5177 ADMIN FEE -EN 04-469 -81.00 03/10/2005 64256 TOTAL PREPAID CHECK(S) 450.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 450.00 ASIAN PACIFIC ISLANDERS 001-23002-- 17161 PK REFUND -DBC 16653 350.00 03/03/2005 63655 TOTAL PREPAID CHECK($) 350.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 350.00 AT&T WIRELESS SERVICES INC 0014090-42125-- MEMO CREDIT -62.40 03/10/2005 64257 0014090-42125-- CELL CHRGS-GENERAL 166.84 03/10/2005 64257 1264411-42125-- CELL CHRGS-SHERIFF 26-54 03/10/2005 64257 0014095-42125-- CELL CHRGS-V/PATROL 26.54 03/10/2005 64257 TOTAL PREPAID CHECK(S) 157.52 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 157.52 AVI - AUDIO VISUAL INNOVATION$ 0015333-42200-- 16212 246376 A/V REPAIR -DHC 220.00 03/10/2005 64258 0015333-92200-- 16212 245135 A/V REPAIR -DBC 330.00 03/10/2005 64258 0015333-42206-- 16212 233938 A/V REPAIR -DBC 330.00 03/10/2005 64258 TOTAL PREPAID CHECK(S) 880.00 TOTAL UNPAID CHECK(S) .p0 TOTAL DUE VENDOR 880.00 AYALA HIGH SCHOOL 001-2.3002-- 17160 PK REFUND -DSC 16458 600.00 03/03/2005 63856 TOTAL PREPAID CHECK(S) 600.00 TOTAL UNPAID CHECK(13) .00 TOTAL DUE VENDOR 600.00 RUN DATE: 03/11/2005 09:01:27 CITY OF DIAMOND BAR CHECK REGISTER DUE THRU: 03/10/2005 FUND/SECT-ACCT-PROSECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT SEAR STATE AIR CONDITIONING SVCS IN 0015340-42210-- 15883 052197 MAINT-HERITAGE PK 0015340-42210-- 05-2-221 HVAC MAINT-HERITAGE TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR BENESYST 001-21105-- PP 05/05 3/11/05 -PAYROLL DEDUCTION TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR PAGE: 3 PREPAID DATE CHECK 603.93 03/03/2005 63857 639.03 03/03/2005 63857 1,242.96 OQ 1,242.96 384.62 03/10/2005 64259 384.62 .00 384.62 BEST LIGHTING PRODUCTS 0015340-42210-- 16019 487.8 MAINT-PANTERA PK 1,862.84 03/03/2005 63858 0015340-42210-- 16019 4878 MAINT-PANTERA PK 375.69 03/03/2005 63858 TOTAL PREPAID CHECK(S) 2,238.53 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,238,53 BNI BUILDING NEWS 0015510-42329-- PUBLICATION-P/WORKS 102.38 03/03/2005 63859 TOTAL PREPAID CRECK(S) 102.38 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 102.38 LORRAINE BOLOGNIA 001-34730-- 171$1 RECREATION REFUND 42.00 03/03/2005 63860 TOTAL PREPAID CHECK(S) 42.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 42.00 BONTERRA CONSULTING INC 001-23010-- 15620 4516 PROF.SVCS-FPL 2002-09 3,983.33 03/10/20D5 64260 001-23010-- 15553 4517 PROF -SVCS -FPL 2002-65 1,612.24 03/10/2005 64260 TOTAL PREPAID CHECK(S) 5,595.57 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 5,595.57 BREA GLASS AND MIRROR INC 0015333-42210-- 1925 MAINT-DBC 210.00 03/03/2005 63861 TOTAL PREPAID CHECK(S) 210.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 210.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 4 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO {( INVOICE DESCRIPTION AMOUNT DATE CHECK BRYAN STIRRAT & ASSOCIATES INC 0015551-45223-- A16005 994662 PROF.SVCS-PLAN CHECK 716.60 03/10/2005 64261 0015551-45223-- A15778 994780 PROF -SVCS -PLAN CHECK 3.82 03/10/2005 64261 0015551-45223-- A16081 994663 PROF.SVCS-PLAN CHECK 199.75 03/10/2005 64261 0015510-45227-- A15921 994660 PROF.SVCS-INSPECTION 87.00 03/10/2005 64261 0015551-R45223-- 15308 994778 PROF.SVCS-PLAN CHECK 150.15 03/10/2005 64261 0015510-45227-- A15805 994658 PROF.SVCS-PLAN CHECK 284.69 03/10/2005 64261 0015551-45223-- A15878 994781 PROF.SVCS-PLAN CHECK 75.65 03/10/2005 64261 0015510-R45223-- 15451 994779 PROF.SVCS-PLAN CHECK 169.30 03/10/2005 64261 0015510-R45223-- 15254 994777 PROF.SVCS-INSPECTION 8.93 03/10/2005 64251 TOTAL PREPAID CHECK(S) 1,695.89 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,695.89 BUSINESS TELECOMMUNICATION SYS INC 0014090-42125-- 55527 PHONE RELOCATION 106.25 03/03/2005 63862 0014090-42125-- 55409 PH.RELOCATION-F/COUNTER 400.00 03/03/2005 63862 0014090-42125-- 55346 PHONE RELOCATION 355.12 03/03/2005 63862 0014090-42125-- 55302 PHONE RELOCATION 402.73 03/03/2005. 63862 0014090-42125-- 55309 PHONE RELOCATION 398.51 03/03/2005 63862 0014090-42125-- 55320 PHONE RELOCATION 735.05 03/03/2005 63862 TOTAL PREPAID CHECK(S) 2,397.66 TOTAL UNPAID CHRCK(S) .00 TOTAL DUE VENDOR 2,397.66 CALIFORNIA JPIA 0014070-42340-- 2219 TRNG-DESFORGES 4/18-4/20 675.00 03/03/2005 63863 TOTAL PREPAID CHECK(S) 675.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 675.00 CALIFORNIA POLITICAL WEEK 0014010-42320-- PUBLICATION -COUNCIL 95.00 03/03/2005 63864. TOTAL PREPAID CHECK(S) 95.0-0 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 95.00 ALMA CALVELO 001-34780-- 17329 RECREATION REFUND .35.00 03/10/2005 64262 TOTAL PREPAID CHECK(S) 35.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 35.00 CATALINA BALLAST BULB COMPANY 0015333-41200-- 55471 SUPPLIES -DBC 108.25 03/03/2005 63865 TOTAL PREPAID CHECK(S) 108.25 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 108-25 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE= 5 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CDW GOVERNMENT INC 0014030-46230-- QR55891 COMP EQ -PRINTER 562.70 03/03/2005 63866 0015333-46250-- 16124 Q496853 COMPUTER EQUIP -DBC 145-00 03/10/2005 64263 0015333-46250-- 16124 AR96858 COMPUTER EQUIP -DBC 206-00 03/10/2005 64263 TOTAL PREPAID CHECK(S) 913.70 TOTAL UNPAID CHECK(S) -DD TOTAL DUE VENDOR 913.70 LING -LING CHANG 0015350-44100-- P & R COMM -2/7 45.00 03/03/2005 63867 TOTAL PREPAID CHECK(S) 45.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 45.00 TINA CHANG 0015350-45300-- 15950 CONTRACT CLASS -WINTER 384.00 03/10/2005 64264 TOTAL PREPAID CHECK(S) 384.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 384.00 JAMES B CLARKE 0014030-44000-- 15895 3/7/05 LEGISLATIVE SVCS -WK 3/5 1,323.00 03/10/2005 64265 0014030-44000-- 15895 2/27/05 LEGISLATIVE SVCS -WK 2/26 798.00 03/03/2005 63868 TOTAL PREPAID CHECK(S) 2,121.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,121.00 COPIER EXPO INC 0014070-46230-- 16164 20830 PRINTER/COPIER-INFO SYS 2,418.31 03/03/20DS 63869 0014070-46230-- 20831/20865 COMP EQ -SCANNER 499.57 03/03/2005 63869 0014070-46230-- 20831/20865 COMP EQ -COPIER STAND 107.17 03/03/2005 63869 TOTAL PREPAID CHECK(S) 3,025.05 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 3,025.05 CEASAR CORDON 001-23002-- 17482 PK REFUND-PANTERA 15873 200.00 03/10/2005 64266 TOTAL PREPAID CHECK(S) 200.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 200.00 COURTYARD BY MARRIOTT 0014030-42330-CC105-42330 NAT LEAG CONF-COUNCIL 1,300.72 03/10/2005 64132 TOTAL PREPAID CHECKS) 1,300.72 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 1,300.72 CPRS 0015350-41200-- 8767 SUPPLIES-TRNG MATERIALS 227.00 03/10/2005 64267 TOTAL PREPAID CHECK(S) 227,00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 227.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 6 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CRAFCO INC 0015554-41250 - 16174 404043 SUPPLIES -ROAD MAINT $33.43 03/03/2005 63870 TOTAL PREPAID CHECK(S) 533.43 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 533.43 CRITTENDEN 0015240-42320-- 1433626-R1 PUBLICATION-ECONO DEV 687.00 03/03/2005 63871 TOTAL PREPAID CHECK(S) 687.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 687.00 WILLIAM CRON.IN 001-34730-- 17325 RECREATION REFUND 66.00 03/03/2005 63872 TOTAL PREPAID CHECK(S) 66.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 66.00 D & S MUNICIPAL SERVICES, INC 0015220-45201-- 15534 DB -BLDG 07 BLDG&SFTY SVCS -2/19-2/28 3,317.05 03/10/2005 64268 TOTAL PREPAID CUECK(S) 3,317.05 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 3,317.05 D H MAINTENANCE SERVICES 0015340-45300-- A15809 7287 MAINT-HERITAGE PK 830.00 03/03/2005 63873 TOTAL PREPAID CHECK(S) 830.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 830.00 DAPEER ROSENBLIT & LITVAK LLP 0015230-45213.-- 11481/15235 LEGAL SVCS -CODE ENFRCMNT 2,321.64 03/10/2005 64269 TOTAL PREPAID CHECK(S) 2,321.64 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,321.64 DAY & NITE COPY CENTER 0015350-42110-- 10672 PRINT SVCS -RECREATION 222.45 03/10/2005 64270 0014050-42110-- 25049 PRINT SVCS -RECEIPT BOOKS 362.64 03/10/2005 64270 0015350-42110-- 15644 10279 PRINT SVCS -RECREATION 897.61 03/03/2005 63874 0015350-42110-- 9337 PRINT SVCS -CPRS AWARD 52.50 03/03/2005 63874 0015350-42110-- 10282 PRINT SVCS -SR NEWSLETTER 61.70 03/03/2005 63874 TOTAL PREPAID CHECK(S) 1,596.90 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,596.90 DEANE HOMES SWIM CLUB 0015350-42140-- 15647 2334 FACILITY RENTAL -SUMMER 04 780.00 03/03/2005 63875 0015350-42140-- 15647 2335 FACILITY RENTAL -FALL 04 780.00 03/03/2005 63875 TOTAL PREPAID CHECK(S) 1,560.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1.560.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 7 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DELTA CARE PMI 001-21104-- PP 03-04 MARCH 05 -DENTAL PREMIUMS 256.98 03/10/2005 64271 TOTAL PREPAID CHECK(S) 256.98 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 256.98 DELTA DENTAL 001-21104-- PP 03-04 MAR 05 -DENTAL PREMIUMS 1,934.10 03/03/2005 63876 TOTAL PREPAID CHECK(S) 1,934.10 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,934.10 CAROL DENNIS 0015350-44000-- A15695 P&R020705 PROF.SVCS-P & R COMM 150.00 03/03/2005 63877 0014030-44000-- A15695 UBCCO21505 PROF.SVCS-SS/CNCL MTG 200.00 03/03/2005 63877 0015510-44000-- A15695 T&T021005 PROF.SVCS-T & T MTG 75.00 03/03/2005 63877 TOTAL PREPAID CHECK(S) 425.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 425.00 JAMES DESTEFANO 0015210-42125-- REIMB-CELL USAGE NOV-FEB 173.00 03/10/2005 64272 TOTAL PREPAID CHECKS) 173.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 173.90 17IAMOND BAR CHAMBER OF COMMERCE 0015240-45000-- 15942 3764 CONTRACT SVCS-FEB/MAR 05 4,666.68 03/10/2005 64273 TOTAL PREPAID CHECK(S) 4,666.68 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 4,666.68 DIAMOND BAR CHINESE AMERICAN ASSC 001-36610-- 17570 PK REFUND -DHC 8747 400.00 03/10/2005 64274 TOTAL PREPAID CHECK(S) 400.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 400.00 DIAMOND BAR HAND CAR WASH 0015230-42200-- 15642 JAN 05 CAR W4SH-NBRHD IMP 7.99 03/10/2005 64275 0014090-42200-- 15642 JAN 05 CAR WASH -POOL VER 6.99 03/10/2005 64275 001.5350-42200-- 15642 JAN 05 CAR WASH-COKM SVCS 6.99 03/10/2005 64275 TOTAL PREPAID CHECK(S) 21-97 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 21.97 DIAMOND BAR HILLS CLUB 0015350-42140-- 15648 1474 FACILITY RENTAL -SUMMER 04 371.25 03/03/2005 63678 0015350-42140-- 15648 1520 FACILITY RENTAL -FALL 04 371.25 03/03/2005 63670 TOTAL PREPAID CHECK(S) 742.50 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 742.50 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 8 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK DIAMOND BAR INTERNATIONAL DELI 0015350-41200-- MTG SUPPLIES -RECREATION 120.00 03/03/2005 63879 TOTAL PREPAID CHECK(S) 120.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 120.00 DIANA CHO & ASSOCIATES 1255215-44000-09690604-44000 15690 JAN 05 CDBG CONSULTANT SVCS -JAN 1,470.00 03/03/2005 63860 TOTAL PREPAID CHECK(S) 1,470.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,470.00 DIVERSIFIED PARATRANSIT INC 1125553-45529-- 15815 DIAL A RIDE -1/16-1/31 9,604.54 03/10/2005 64276 1125360-45315-- 15747 HOLIDAY RIDE -1/1-1/2/05 145.31 03/10/2005 64276 1125553-45529-- 15815 DIAL A RIDE -12/16-12/31 7,315.22 03/10/2005 64276 1125360-45315-- 15747 HOLIDAY RIDE -12/1-12/15 2,129.82 03/10/2005 64276 1125553-45529-- 15815 DIAL A RIDE -1/1-1/15 7,802.96 03/10/2005 64276 1125553-45529-- 15815 DIAL A RIDE -12/1-12/15/04 9,206.12 03/10/2005 64276 1125360-45315-- 15747 HOLIDAY RIDE -12/16-12/31 1,673.76 03/10/2005 64276 TOTAL PREPAID CHECK(S) 37,877.73 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 37,877.73 DON LUGO HIGH SCHOOL 001-23002-- 17164 PK REFUND -DBC 16343 700.00 03/03/2005 63881 TOTAL PREPAID CHECK(S) 700.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 700.00 DAVID DOYLE 0014030-42330-- TRVL ADV -NAT LEAGUE CONF 150.00 03/10/2005 64277 TOTAL PREPAID CHECK(S) 150.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 150.00 DRIVER ALLIANT INSURANCE SERVICES 0015350-44000-- 822081 INS -EASTER EGG HUNT 391..37 03/10/2005 64278 TOTAL PREPAID CHECK(S) 391.37 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 391,37 EDUCATION TO GO 0015350-45300-- 15708 845623 CONTRACT CLASS -WINTER 361.00 03/03/2005 63882 TOTAL PREPAID CHECK(S) 361.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 361.00 EROSION CONTROL SPECIALISTS 0015551-45000-- 16172 000125 MINNEQUA LANDSLIDE SVCS 35,000.00 03/10/2005 64129 TOTAL PREPAID CHECK(S) 35,000.00 TOTAL UNPAID CHECK(S) .QO TOTAL DUE VENDOR 35,000.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 9 DUE THRU: 03/10/2005 EXTERMINETICS OF SO CAL INC PK REFUND -DBC 15970 700.00 03/03/20.05 63865 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT TOTAL DATE CHECK EVERGREEN INTERIORS TOTAL TOTAL UNPAID CHECKS) .00 0014090-42210-- 15699 2/28/05 PLANT MAINT-C/BALL FEB 200.00 03/03/2005 63883 0015333-42210- 15689 2/20/05 PLANT SVCS -DBC FEB 05 165.00 03/03/2005 63883 0014090-42210-- 15699 1/31/05 PLANT MAINT-C/HALL JAN 2DD.00 03/03/2005 63883 81.84 03/03/2005 63864 TOTAL PREPAID CHECKS) 565.00 132.95 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR TOTAL DUE VENDOR 565-00 EXTERMINETICS OF SO CAL INC PK REFUND -DBC 15970 700.00 03/03/20.05 63865 0015333-45300-- 15899 2/05 PEST CONTROL -DBC FEB 05 75.00 03/10/2005 64279 TOTAL TOTAL PREPAID CHECK(S) 75.00 TOTAL TOTAL UNPAID CHECKS) .00 .00 TOTAL TOTAL DUE VENDOR 75,0.0 FEDERAL EXPRESS 0014090-42120-.- 537723302 EXPRESS MAIL -GENERAL 51.11 03/03/2005 63884 0014090-42120-- 536420830 EXPRESS MAIL -GENERAL 81.84 03/03/2005 63864 TOTAL PREPAID CHECK(S) 132.95 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 132.95 DAVID FERNANDEZ 0015350-45300-- 16185 CONTRACT CLASS -WINTER 133-00 03/10/2005 64280 0015350-45300- 15952 CONTRACT CLASS -WINTER 1,283.00 03/10/2005 64280 TOTAL PREPAID CHECK(S) 1,416.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 1,416.00 FIRST CLASS EVENTS 001 -23002 -- 001 -23002 -- AL FLORES 0014060 -40095 -- FOOTHILL BUILDING MATERIALS INC 0014440 -41200 -- 0914440 -41200 -- 0014440 -41200 -- 0014440 -41200-- 0014440-41200-- 0014440-41200-- 0014440-41200-- 17166 PK REFUND -DBC 15970 700.00 03/03/20.05 63865 17165 PK REFUND -DBC 10691 500.00 03/03/2005 63885 TOTAL PREPAID CHECK($) 1,200.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 1,200.00 SEPERATION AGREEMENT TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR SUPPLIES-EMERG PREP SUPPLIES-EMERG PREP SUPPLIES-EMERG PREP SUPPLIES-EMERG PREP SUPPLIES-EMERG PREP SUPPLIES-EMERG PREP SUPPLIES-EMERG PREP TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECKS) TOTAL DUE VENDOR 25,000-00 03/03/2005 63886 25,000.00 .00 25,000.00 242.91 03/03/2005 63887 242.91 03/03/2005 63887 178.18 03/03/2005 63887 210.55 03/03/2005 63887 405.29 03/03/2005 63887 178.10 03/03/2005 63887 242.91 03/03/2005 63867 1,700.93 .00 1,700.93 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 10 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK BETTY GAREY 001-34730-- 17329 RECREATION REFUND 66.00 03/03/200$ 63888 TOTAL PREPAID CHECK(S) 66.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 66.00 GFB FRIEDRICH & ASSOCIATES INC 2505510-R46411-16101-46411 10777 0512-09 DESIGN SVCS -WALNUT DRIVE 837.50 03/10/2005 64281 TOTAL PREPAID CHECK(S) 837.50 TOTAL UNPAID CHECK(E) .00 TOTAL DUE VENDOR 837.50 GLENN'S REFRIGERATION 0015340-42210-- 16203 058001 MAINT-PANTERA PK 590.00 03/10/2005 64282 TOTAL PREPAID CHECK(S) 590.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 590.00 ARLENE GOMEZ 001-36610-- 17426 PK REFUND -DBC 13775 400.00 03/10/2005 64283 TOTAL PREPAID CHECK(S) 400.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 400.00 STAN GONTA 0015350-45300-- 15710 CONTRACT CLASS -WINTER 528.00 03/10/2005 64284 TOTAL PREPAID CHECK(S) 528.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 528.00 JENNIFER GONZALES 0015350-45300-- 15711 i CONTRACT CLASS -WINTER 75.00 03/10/2005 64205 0015350-45300-- 15711 CONTRACT CLASS -WINTER 75.00 03/03/2005 63889 TOTAL PREPAID CHECK(S) 150.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 150.00 GOVPARTNER 1185098-44030-- 15831 924 MONTHLY HOSTING SVCS -FEB 850.00 03/03/2005 63890 TOTAL PREPAID CHECK(S) 850.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 850.00 W.W. GRAINGER INC 0015333-41200-- 444-564805-0 SUPPLIES -DBC 21.54 03/03/2005 63891 TOTAL PREPAID CHECK(S) 21.54 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 21.54 GRAND HYATT WASHINGTON 0014010-42330-CC205-42330 NAT LEAGUE CONF-COUNCIL 684.70 03/10/2005 64133 TOTAL PREPAID CHECK(S) 664.70 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 684.70 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 11 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 1NVO ICE DESCRIPTION AMOUNT DATE CHECK GRAPHICS UNITED 0014095-44000-- A15618 9600 PRINT SVCS-BRIDAL FAIRE 936.16 03/10/2005 64286 0014095-44000-- 9596/15691 PRINT 8VCS-NEWSLETTER 75-00 03/10/2005 64286 0014095-44000-- 9596/15691 PRINT SVCS-NEWSLETTER 1,746.28 03/10/2005 64286 TOTAL PREPAID CHECK(S) 2,757.44 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,757.44 GRAYBAR 0015333-41200-- 907164727 SUPPLIES-DHC 83.05 03/03/2005 63892 TOTAL PREPAID CHECK(S) 83.05 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 53.05 DAVID J GRUNDY 0015350-44100-- P & R COMM-2/7 45.00 03/03/2005 63893 TOTAL PREPAID CHECK($) 45.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 45.00 LOUIS DE GUZMAN 001-23002-- 17577 PK REFUND-DBC 16950 350.00 03/10/2005 64287 TOTAL PREPAID CHECK(S.) 350.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 350.00 SALEEM HAI 001-23002-- 17163 PK REFUND-08C 15876 700.00 03/03/2005 63894 TOTAL PREPAID CHECK(S) 700.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 700.00 HALL & FOREMAN,INC 001-23012-- 15-01-604 ADMIN FEE-£N 04-455 18.75 03/03/2005 63895 001-34650-- 15-C1-004 ADMIN FEE-EN 04-455 -18.75 03/03/2005 63895 001-23012-- 15-01-086 ADMIN FEE-EN 04-455 187.50 03/10/2005 64288 001-34650-- 15-01-086 ADMIN EEE-EN 04-455 -187.50 03/10/2005 64288 001-23012-- 15988 15-01-086 PROF.SVCS-EN-04-454 750.00 03/10/2005 64288 001-23012-- 15988 15-01-004 PROF.SVCS-EN-04-454 75.00 03/03/2005 63895 0015551-45223-, A16C39 15-01-005 PROF.SVCS-PLAN CHECK 948.75 03/03/2005 63595 TOTAL PREPAID CHECKS) 1,773.75 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 1,773.75 JESSICA HALL 0015350-45300-- 16150 CONTRACT CLASS-WINTER 180.00 03/03/2005 63696 TOTAL PREPAID CHECK(S) 180.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 180.00 KATHERINE RAN 001-34780-- 17170 RECREATION REFUND 105.00 03/03/2005 63897 TOTAL PREPAID CHECK(S) 105.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 105.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 12 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK JANE HARMON 001-34780-- 17524 RECREATION REFUND 60.00 03/10/2005 64289 TOTAL PREPAID CHECK(g) 60.00 TOTAL UNPAID CHECK(S). .00 TOTAL DUE VENDOR 60.00 DAVE HECHT 0014060-42325-- REIMB--ORAL BOARD GIS 115.49 03/10/2005 64290 TOTAL PREPAID CHECK(S) 115.49 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 115.49 HITT MARKING DEVICES,INC 0014030-42200-- 241906 MAINT-TIME STAMP 134.77 03/03/2005 63898 TOTAL PREPAID CHECK(S) 134.77 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 134.77 HOLLYWOOD BOWL 0015350-45310-- 25-29047 EXCURSION-HLYWD BOWL DEF. 348.00 03/03/2005 63899 TOTAL PREPAID CHECK(S) 348.00 TOTAL UNPAID CHECK(S). .00 TOTAL DUE VENDOR 3-48.00 JOSEPH HSU 001-34720-- 17334 RECREATION REFUND 331.00 03/10/2005 64291 TOTAL PREPAID CHECK(S) 331.00 TOTAL UNPAID CHECK{S) .00 TOTAL DUE VENDOR 331.00 HYATT REGENCY/SACRAMENTO 0015350-42330-- CPRS CONF-MURPHEY 709.74 03/03/2005 63900 0015350-42330-- CPRS CONF-MEYERS 323.32 03/03/2005 63900 0015350-42330-- CPRS CONF-WRIGHT 484.98 03/03/2005 63900 0015350-42330-- DEPOSIT -1,616.60 03/03/2005 63900 0015350-42330-- CPRS CONF-WEST 484.98 03/03/2005 63900 0015310-42330-- CPRS CONF-ROSE 484.98 03/03/2005 63900 0015310-42330-- CPRS CONF-CHANG 161.66 03/03/2005 63900 TOTAL PREPAID CHECK($) 1,033.06 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,033.06 INLAND EMPIRE STAGES 001$350-45310-- 15973 15646 SR EXCRSN-CALIENTE CASINO 990.00 03/03/2005 63901 1125360-45310-- 15982 15653 EXCURSION -TRANSPORTATION 441.00 03/03/2005 63901 1125360-45310-, 16026 16062 EXCURSION -INDIAN CASINO 702.00 03/03/2005 63901 0015350-45310-- 15982 15653 EXCURSION -THEATRE 2,250-00 03/03/2005 63901 TOTAL PREPAID CHECK(S) 4,383.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 4,383.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 13 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK INLAND VALLEY DAILY BULLETIN 0014090-42320-- 2/21/05 RENEWAL -PUBLICATION 172.80 03/03/2005 63902 0014060-42115-- AD -P & M INSPECTOR TECH 230.00 03/10/2005 64292 TOTAL PREPAID CHECK(S) 402.80 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 402.60 INLAND VALLEY HUMANE SOCIETY & SPCA 0014431-45403-- 15536 ANIMAL CONTROL SVCS -MAR 6,241.50 03/03/2005 63903 TOTAL PREPAID CHECK(S) 6,241.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 6,241.50 INTERNATIONAL PROTECTIVE SVCS INC 0014411-45410-- 15616 14000006 CROSSING GUARD SVCS -JAN 9,330.00 03/03/2005 63904 TOTAL PREPAID CHECK(S) 9,330.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 9,330.00 INTUIT INFORMATION TECHNOLOGY SOLUT 0014070-42205-- 250888 MAINT-HELP DESK SOFTWARE 1,456.25 03/03/2005 63905 TOTAL PREPAID CHECK(S) 1,456.25 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,456.25 DESH JAIN 001-36610-- 17390 PK REFUND -DBC 16827 400.00 03/10/2005 64293 TOTAL PREPAID CHECK(S) 400.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 400.00 JENKINS & HOGIN, LLP 0014020-44020-- 11925 GEN LEGAL SVCS -JAN 05 4,605.30 03/10/2005 64294 0014020-44020-- 11927 G£N LEGAL SVCS -COMM SVCS 76.50 03/10/2005 64294 0014020-44020-- 11928 GEN LEGAL SVCS-P/WKS 244.90 03/10/2005 64294 0014020-44020-- 11926 GEN LEGAL SVCS -COM DEV 841.50 03/10/2005 64294 TOTAL PREPAID CHECK(Sj 5,768.10 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 5,768.10 KENS HARDWARE 0015554-41250-- 013623 CREDIT MEMO -ROAD MAINT -4.32 03/03/2005 63906 0615554-41250-- 013622 SUPPLIES -ROAD MAINT 69.11 03/03/2005 63906 0015340-42210-- 15641 SUPPLIES -PARKS 89.96 03/03/2005 63906 0015333-41200-- 15826 SUPPLIES -DBC 140.24 03/03/2005 63906 0014090-41200-- SUPPLIES -GENERAL 6.64 03/03/2005 63906 TOTAL PREPAID CHECK(S) 303.6.5 TOTAL UNPAID CHECK(S) _00 TOTAL DUE VENDOR 303.65 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 14 DUE THRU: 03/10/2005 KIDSTAR PERFORMING ARTS 0015350-45300-- 15932 CONTRACT CLASS -WINTER 333.00 03/10/2005 64295 TOTAL PREPAID CHECK(S) 333.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 333.00 KIDZ LOVE SOCCER 0015350-45300-- 15998 CONTRACT CLASS -WINTER 2,072.00 03/10/2005 64296 TOTAL PREPAID CHECK(S) 2,072.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,072.00 KLEINFELDER INC TITLE SEARCH PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT SEARCH DATE CHECK KENSINGTON DIAMOND BAR LLC 16162 160.823 16055 231614 PROF.SVCS-EN-04-459 1264411-42140-- 15578 MARCH 05 RENTAL -SHERIFF CTR MAR 1,225.00 03/10/2005 03/03/2005 63907 1264411-42210-- 15578 MARCH 05 CAM -MAR fly 468.00 231623 03/03/2005 63907 04-414 TOTAL PREPAID CHECK(5) 1,693.00 03/10/2005 64297 001-23012-- TOTAL UNPAID CHECK(S) 15996 .00 PROF.SVCS-EN-04-456 TOTAL UNPAID TOTAL DUE VENDOR 1,693.00 03/10/2005 64297 KIDSTAR PERFORMING ARTS 0015350-45300-- 15932 CONTRACT CLASS -WINTER 333.00 03/10/2005 64295 TOTAL PREPAID CHECK(S) 333.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 333.00 KIDZ LOVE SOCCER 0015350-45300-- 15998 CONTRACT CLASS -WINTER 2,072.00 03/10/2005 64296 TOTAL PREPAID CHECK(S) 2,072.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,072.00 KLEINFELDER INC TITLE SEARCH -23760 S/XING 16162 169700 TITLE SEARCH -1040 001-23012-- 16162 160.823 16055 231614 PROF.SVCS-EN-04-459 F/SPRG 472.50 TITLE 03/10/2005 64297 001-23012-- 0018194$ 15285 231623 PROF.SVCS-EN 04-414 472.50 TITLE 03/10/2005 64297 001-23012-- TOTAL PREPAID 15996 231603 PROF.SVCS-EN-04-456 TOTAL UNPAID 405.00 03/10/2005 64297 001-23012-- 16062 231607 PROF.SVCS-EN-04-462 482.50 03/10/2005 64297 001-23012-- 231607 ADMIN FEE -EN 04-462 86.85 03/10/2005 64297 001-23012-- 231623 ADMIN FEE -EN 04-414 85.05 03/10/2005 64297 001-34650-- 231623 ADMIN FEE -EN 04-414 -85.05 03/10/2005 64297 001-34650-- 231603 ADMIN FEE -EN 03-456 -72.90 03/10/2005 64297 001-34650-- 231614 ADMIN FEE -EN 04-459 -85.05 03/10/2005 64297 001-34650-- 231607 ADMIN FEE -EN 04-462 -86.85 03/10/2005 64297 001-23012-- 231614 ADMIN FEE -EN 04-459 85.05 03/10/2005 64297 001-23012-- 231603 ADMIN FEE -EN 03-456 72.90 03/10/2005 64297 TOTAL PREPAID CHECK(S) 1,832.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,832.50 JEAN LABESQUE 001-34730-- 17313 RECREATION REFUND 15.00 03/03/2005 63908 TOTAL PREPAID CHECK(S) 15.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 15.00 LANDAMERICA GATEWAY TITLE CO 1255215-44000-60050304-44000 1255215-44000-60050304-44000 1255215-44000-60050304-44000 0015210-44000-- 0015210-44000-- 0015210-44000-- 16162 169686 TITLE SEARCH -23760 S/XING 16162 169700 TITLE SEARCH -1040 P/SPRNG 16162 160.823 TITLE SEARCH -21242 F/SPRG 00181947 TITLE SEARCH -23891 MNNQUA 0018194$ TITLE SEARCH -23826 S/XING 00181945 TITLE SEARCH -23834 S/XING TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 70.00 03/10/2005 64298 70.00 03/10/2005 64298 70.00 03/10/2005 64298 75.00 03/10/2005 64298 75.00 03/10/2005 64298 75.00 03/10/2005 64298 435.00 .00 435.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 15 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO N INVOICE DESCRIPTION AMOUNT DATE CHECK LEAD TECH ENVIRONMENTAL 1255215-44000-60050304-44000 16163 1773 HIP PROG-23670 S/RING 290.00 03/10/2005 64299 1255215-44000-60050304-44000 16163 1806 HIP PROG-21241 F/SPRINGS 385.00 63/10/2005 64299 1255215-44000-60050304-44000 16163 1851 HIP PROG-541 GREAT BEND 225.00 03/10/2005 64299 1255215-44000-60050304-44000 16163 1768 HIP PROG-21242 F/SPRINGS 275.00 03/10/2005 64299 TOTAL PREPAID CHECK(S) 1,175.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,175.00 LEE KOSMONT ADVISORY SERVICES INC 0015240-R44000-- 13411 6 PROF.SVCS-ECON DEV 1,085-00 03/03/2005 63909 0015240-R44000-- 13411 4 PROF.SVCS-ECON DEV 10,246.81 03/03/2005 63909 TOTAL PREPAID CHECK(S) 11,331.81 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 11,331.81 LEIGHTON & ASSOCIATES, INC 001-23012-- 15792 LSC11984 PROF.SVCS-EN-04-444 526.00 03/10/2005 64300 001-34650-- LSCII984 ADMIN FEE -EN 04-444 -94.68 03/10/2005 64300 001-23012-- LSC11984 ADMIN FEE -EN 04-444 94.68 03/10/2005 64300 TOTAL PREPAID CHECK(S) 526.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 526.00 LEWIS ENGRAVING INC 0014090-42113-- 15741 014934 ENGRAVING SVCS -BADGES 56.33 03/03/2005 63910 TOTAL PREPAID CHECK(S) 56.33 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 56.33 PENNY LIANG 0015350-44100-- P & R COMM -2/7 45.00 03/03/2005 63911 TOTAL PREPAID CHECK(S) 45.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 45.00 LIEBERT CASSIDY WHITMORE 0014060-42340-- TRNG-CRFWS,GGMEZ,ROSE 132.00 03/03/2005 63912 0014060-44000-- 16169 1/31/05 LEGAL SVCS -PERSONNEL 2,341.50 03/03/2005 63912 TOTAL PREPAID CHECK(S) 2,473.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,473..50 DORA LONYAI 0015350-45300-- 16178 CONTRACT CLASS -WINTER 594.00 03/10/2005 64301 TOTAL PREPAID CHECKS) 594.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 594.00 LOS ANGELES COUNTY DIST. ATTORNEY 001-21114-- PP 03-04 SLRY ATTCHMT-BY0426064 284.00 03/03/2005 63914 001-21114-- PP 03-04 SLRY ATTCEMT-BD0001469 147.30 03/03/2005 63913 TOTAL PREPAID CHECKS) 431.30 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 431.30 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 16 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 8 INVOICE DESCRIPTION AMOUNT DATE CHECK LOS ANGELES COUNTY PUBLIC WORKS 0015554-45507-- A15614 AR317573 TRAFFIC SIGNAL MAINT-JAN 352.58 03/03/2005 63915 0015510-45530-- A15613 AR317253 INDUSTRIAL WASTE-JAN 05 1,535-27 03/03/2005 63915 TOTAL PREPAID CHECK(S) 1,887.85 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,887.85 LOWE'S 0015340-42210-- 15554 2/05 SUPPLIES-PARKS 377.01 03/03/2005 63916 TOTAL PREPAID CHECK(S) 377.01 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 377.01 NANCY LYONS 0015350-44100-- P & R COMM-2/7 45.00 03/03/2005 63917 TOTAL PREPAID CHECK(S) 45.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 45.00 MACTEC ENGINEERING & CONSULTING INC 0015551-45221-- A15806 8130828 CONTRACT SVCS-JAN 05 1,816.91 03/03/2005 63918 TOTAL PREPAID CHECK(S) 1,816.91 TOTAL UNPAID CHECK(S) ,00 TOTAL DUE VENDOR 1,816.91 LINDA MAGNUSON 0014060-42347-- REIMB-GIFT CARD-A FLORES 250.00 03/19/2005 64302 TOTAL PREPAID CHECK(S) 250.00 TOTAL UNPAID CHECK(S) ..00 TOTAL DUE VENDOR 250.00 MANAGED HEALTH NETWORK 001-21115-- RI 34046 MARCH 05-EAP PREMIUMS 115.24 03/10/2005 64303 TOTAL PREPAID CHECK(S) 115.24 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 115-24 MARY ANN MANOSA 001-23002-- 17159 PK REFUND-DBC 16231 350.00 03/03/2005 63919 TOTAL PREPAID CHSCK(S) 350.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 350.00 MCE CORPORATION 0015554-45502-- 16168 10412072 INSTALL-SPEED HUMPS DEC 10,793.25 03/03/2005 63920 TOTAL PREPAID CHECK(S) 10,793.25 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 10,793.25 ASHA MENTA 001-23002-- 17162 PK REFUND-DSC 16646 350.00 03/03/2005 63921 TOTAL PREPAID CHECK(S) 350.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 350.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:.27 CHECK REGISTER PAGE: 17 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO q INVOICE DESCRIPTION AMOUNT DATE CHECK ALISON D MEYERS 0015350-44000-- 16058 CONSULTANT SVCS-YMP WK3/5 1,643.88 03/10/2005 64304 TOTAL PREPAID CHECK(S) 1,643.88 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,643.88 MICRO TEL CENTER 0014070-42205-- PF -55222 MAINT-PH AUDIT SOFTWARE 617.00 03/03/2005 63922 TOTAL PREPAID CHECKS) 617.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 617.00 MICROSOFT SERVICES 0014070-42205-- 16137 9620219551 COMP MAINT-IT PRO PACK PH 1,225.00 03/03/2005 63923 TOTAL PREPAID CHECK(S) 1,225.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,225.00 MITY-LTTE, INC 0015340-46250-- 16140 429841 PODIUM -HERITAGE PARK 1,536.76 03/10/2005 64305 TOTAL PREPAID CHECK{S) 1,536.76 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,536.76 MOBILE RELAY ASSOCIATES INC 0014440-42130,.. 206801 REPEATER SVCS -FED 05 78.75 03/20/2005 64306 TOTAL PREPAID CHECKS) 78.75 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 78.75 DIANE MOORE 001-34300-- REFUND -BUILDING PERMIT 66.04 03/03/2005 63924 TOTAL PREPAID CHECK(S) 66.04 TOTAL UNPAID CHECK(S) ,00 TOTAL DUE VENDOR 66.04 ROLAND MORRIS 0015510-44100-- T & T COMM -2/10 45.00 03/03/2005 63925 TOTAL PREPAID CHECK($) 45.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 45.00 MUNICIPAL CODE CORPORATION 0014030-44000-- PUBLICATION -MUNI CODE 555.97 03/10/2005 64307 TOTAL PREPAID CHECK(S) 555-97 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 555.97 NAKOMA GROUP LLC 0014070-44000-. 15589 2498 CONSULTING SVCS -WK 2/20 375.00 03/03/2005 63926 TOTAL PREPAID CHECK(S) 375.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 375.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 18 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK OFFICE MAX 0015333-41200-- PO 15657 MEMO CREDIT -DBC -12.89 03/10/2005 64311 1125553-41200-- PO 15657 SUPPLIES -TRANSIT 5.71 03/10/2005 64311 0015510-41200-- PO 15657 SUPPLIES -PUBLIC WORKS 69.74 03/10/2005 64.311 0015333-41200-- PO 15657 SUPPLIES -DBC 83.18 03/10/2005 64311 0015210-41200-- PO 15657 SUPPLIES -PLANNING 120.82 03/10/2005 64311 0015333-41200-- PO 15657 SUPPLIES -DBC 3.86 03/10/2005 64311 .0015333-41200-- PO 15657 SUPPLIES -DBC 27.26 03/10/2005 64311 0014070-46250-- PO 15657 SUPPLIES -MIS 187.13 03/10/2005 64311 0015333-41200.-- PO 15657 SUPPLIES -DBC 73..75 03/10/2005 64311 0014050-41200-- PO 15657 MEMO CREDIT -FINANCE -28.78 03/10/2005 64311 0014030-41200-- PO 15657 SUPPLIES -CITY MANAGER 21.38 03/10/2005 64311 0014070-46250-- PO 15657 MEMO CREDIT -MIS -187.13 03/10/2005 64311 0014050-41200-- PO 15657 SUPPLIES -FINANCE 33.57 03/10/2005 64311 0014070-41200-- PO 15657 SUPPLIES -MIS 125.49 03/10/2005 64311 0014070-46250-- PO 15657 SUPPLIES -MIS 225.00 03/10/2005 64311 0015333-41200-- PO 15657 SUPPLIES -DBC 12.89 03/10/2005 64311 0014070-41200-- PO 15657 MEMO CREDIT -MIS -125..49 03/10/2005 64311 0014030-41200-- PO 15657 SUPPLIES -CITY MANAGER 5.49 03/10./2005 64311 0015333-41200-- PO 15657 SUPPLIES -DBC 68.72 03/10/2005 64311 0015350-41200-- PC 15657 SUPPLIES -COMM SVCS 44.13 03/10/2005 64311 0015510-41200-- PO 1565.7 MEMO CREDIT -PUBLIC WORKS -378-96 03/10/2005 64311 0015333-41200-- PO 15657 SUPPLIES -DBC 40.51 03/10/2005 64311 0015510-41200-- PO 15657 SUPPLIES -PUBLIC WORKS 3.84 03/10/2005 64311 0015210-41200-- PO 15657 SUPPLIES -PLANNING 64.29 03/10/2005 64311 0014030-4.1200-- PO 15657 SUPPLIES -CITY MANAGER 155.85 03/10/2005 64311 0015333-41200-- PO 15657 SUPPLIES -DSC 17.45 03/10/2005 64311 0015210-41200-- PO 15657 SUPPLIES -PLANNING 73.61 03/10/2005 64311 0014050-41200-- PO 15657 SUPPLIES -FINANCE 31.15 03/10/2005 64311 0015210-41200-- PO 15657 SUPPLIES -PLANNING 9.09 03/10/2005 64311 0014030-41200--- PO 15657 SUPPLIES -CITY MANAGER 18.21 03/10/2005 64311 0014050-41200-- PO 15657 SUPPLIES -FINANCE 20.90 03/10/2005 64311 0015210-41200-- PO 15657 SUPPLIES -PLANNING 23.90 03/10/2005 64311 0014090-41200-- PO 15657 SUPPLIES -GENERAL 644.41 03/10/2005 64311 0014095-41200-- PO 15657 SUPPLIES -COMM & MRKT 215.28 03/10/2005 64311 0014090-41200-- PO 15657 SUPPLIES -GENERAL 9.05 03/10/2005 64311 0014090-41200-- PO 15657 SUPPLIES -GENERAL 77.54 03/10/2005 64311 0015333-41200-- PO 15657 SUPPLIES -DBC 47.06 03/10/2005 64311 0014090-41200-- PO 15657 SUPPLIES -GENERAL 8.77 03/10/2005 64311 0015210-41200-- PO 15657 SUPPLIES -PLANNING 18.64 03/10/2005 64311 0013510-41200-- PO 15657 SUPPLIES -PUBLIC WORKS 62.05 03/10/2005 64311 0015510-41200-- PO 15657 SUPPLIES -PUBLIC WORKS 941.44 03/10/2005 64311 0014090-41200-- PO 15657 SUPPLIES -GENERAL 7.76 03/ID/2005 64311 TOTAL PREPAID CHECK(S) 2,886.47 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,886.47 OLYMPIC STAFFING SERVICES 0015310-44000-- 111388 TEMP SVCS -WK 2/13 198.60 03/03/2005 63927 0015310-44000-- 112008 TEMP SVCS -WK 2/20 79.44 03/03/2005 63927 TOTAL PREPAID CHECKS) 278.04 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 278-04 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:.27 CHECK REGISTER PAGE: 19 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK ORANGE COAST FENCING ACADEMY CORP 0015350-45300-- 15720 CONTRACT CLASS -WINTER 136.00 03/10/2005 64312 0015350-45300-- 16003 CONTRACT CLASS -WINTER 296.00 03/10/2005 64312 TOTAL PREPAID CHECK(S) 432.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 432.00. PAETEC COMMUNICATIONS INC 0014090-42125-- LONG DIST PH SVCS 865.96 03/03/2005 63928 TOTAL PREPAID CHECK(S) 865.96 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 865.96 PATRICIA PATINO 001-23002-- 17320 PK REFUND -DHC 12374/11639 500.00 03/03/2005 63929 001-36610-- 17320 PK REFUND -DHC 12374/11639 -237.50 03/03/2005 63929 TOTAL PREPAID CHECK{S) 262.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 262.50 PAYROLL TRANSFER 001-10200-- 05 -PP 04 PAYROLL TRANSFER -05 -PP 04 101,800-00 03/10/2005 05 -PP 04 001-10200-- 05 -PP 05 PAYROLL TRANSFER-05/PP 05 102,700.00 03/10/2005 05 -PP 05 TOTAL PREPAID CHECK(S) 204,500.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 204,500.00 PEPR GRAPHICS 0014095-42110-- 1031 PRINT SVCS -BUS CARDS 75.00 03/10/2005 64313 TOTAL PREPAID CHECK(S) 75.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 75.00 PERS RETIREMENT FUND 001-21109-- pp 05/05 SURVIVOR BENEFIT 39.06 03/10/2005 64314 001-21109-- PP 05/05 RETIRE CONTRIS-EE 6,268.70 03/10/2005 64314 001-21109-- PP 05/05 RETIRE CONTRIB-ER 7,218.88 03/10/2005 64314 001-21109-- PP 02/05 RETIRE CONTRIB-EE 6,143.36 03/10/2005 64128 0014010-40080_, PP 02/05 CC -RETIRE CONTRIB-EE/ER 449.42 03110/2C05 64128 001-21109-- PP 02/05 RETIRE CONTRIB-ER 7,074.53 03/10/2005 64128 0014010-40090-- PP 02/05 SURVIVOR BENEFIT 8.00 03/10/2005 64128 001-21109-. PP 02/05 SURVIVOR BENEFIT 38.13 03/10/2005 64128 TOTAL PREPAID CHECKS) 27,240.08 TOTAL UNPAID CHECK(S) .00 TOTAI, DUE VENDOR 27,240.08 LIANA PINCHER 00.15510-44100-- T & T COMM -2/10 45.00 03/03/2005 63930 TOTAL PREPAID CHECK(S) 45.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 45.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 20 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK POMONA UNIFIED SCHOOL DISTRICT 0015551-42325-- 00566 RENTAL SVCS-MTG P/WRKS 77.50 03/10/2005 64315 TOTAL PREPAID CHECK(S) 77.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 77.50 PRINTING DYNAMICS 0014090-42110-- 16144 71755 PRINT SVCS -CERTIFICATES 1,082.50 03/03/2005 63931 TOTAL PREPAID CHECK(S) 1,082.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,.062.50 PROTECTION SERVICE INDUSTRIES 0015333-42210-- 15687 2115800 SECURITY SYS -DBC FEB/MAR 100.00 03/03/2005 63932 TOTAL PREPAID CHECK(S) 100.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 100.00 JENNIE QUAN 001-34780-- 17530 RECREATION REFUND 35.00 03/10/2005 64316 TOTAL PREPAID CHECKS) 35.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 35.00 R F DICKSON COMPANY 00155.54-45501-- 15611 25000010 STREET SWEEPING SVCS -JAN 17,998.92 03/03/2005 63933 1155515-45500-- 15610 2500049 DEBRIS SVCS -JAN 05 4,303.60 03/03/2005 63933 TOTAL PREPAID CHECK(S) 22,302.52 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 22,302.52 R&D BLUEPRINT 0015210-4211D-- 15915 8621 PRINT SVCS -PLANNING 54.93 03/10/2005 64317 TOTAL PREPAID CHECK(S) 54.93 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 54.93 REFLECTION PAINT & BODY 0015333-42210-- E104 MAINT-DBC 25D.00 03/03/2005 63934 TOTAL PREPAID CHECK(S) 250.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 250.00 REINBERGER PRINTWERKS 0014090-42110-- 15692 14183 PRINT SUPPLIES -GENERAL 296.06 03/03/2005 63935 0014095-42110-- 16131 14144 PRINT SVCS -CITY CALENDARS 2,826.80 03/10/2005 64318 0014095-42110-- 16115 14144 PRINT SVCS -CITY CALENDARS 4,763.00 03/10/2005 64318 TOTAL PREPAID CHECK(S) 7,885.86 TOTAL UNPAID CEECK(S) _00 TOTAL DUE VENDOR 7,885.86 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 21 DUE THRU- 03/10/2005 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE. DESCRIPTION AMOUNT DATE CHECK REPUBLIC ELECTRIC 0015554-45507-- 15612 2590 TRAFFIC SIGNAL MAINT-.IAN 2,310.00 03/03/2005 63936 0015554-45507-- 15612 2591 ADDL SIGNAL MAINT-JAN O5 3,607.62 03/03/2005 63936 0015554-45507-- 11,612 2849 INSTALL SVCS -PED SIGNALS 870.00 03/10/2005 64319 TOTAL PREPAID CHECK(S) 6,787.62 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 6,787.62 PETER ROGERS 0014095-42110-- 2697 PRINT SVCS-PHOT0S DBC 339.41 03/10/2005 64320 TOTAL PREPAID CHECK(S) 339.41 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 339.41 S C SIGNS & SUPPLIES LLC 0015554-41250-- 16175 39487 SIGNS -ROAD MAINT 777.67 03/03/2005 63937 0015554-41250-- 16173 39523 SUPPLIES -ROAD MAINT 1,001.31 03/03/2005 63937 TOTAL PREPAID CHECK(S) 1,778.96 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,778.98 SAN GABRIEL VALLEY COUNCIL OP GOVTS 0015510-42325-- SGVCOG TRNG-P/WKS STAFF 90.00 03/10/2005 64131 TOTAL PREPAID CHECK(S) 90.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 90.00 FORREST SAUTER 001-34730-- 17317 RECREATION REFUND 66.00 03/03/2005 63938 TOTAL PREPAID CHECKS) 66.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 66.00 JENNY SCHELL 001-23002-- 17573 PK REFUND -DBC 16251 1,300.00 03/10/2005 64321 001-36800-- 17573 PROPERTY DAMAGE -DBC 16251 -28.00 03/10/2005 64321 TOTAL PREPAID CHECK(S) 1,272.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,272.00 SCHOOL SPECIALTY INC 0015350-41200-- 26349263 SUPPLIES -RECREATION 39-98 03/03/2005 63939 TOTAL PREPAID CHECK(S) 39,98 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 39.98 SHANTT SEHWANI 001-34740-- 16029 RECREATION REFUND 59.00 03/10/2005 64322 TOTAL PREPAID CHECK(S) 59.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 59.00 CITY OF DIAMOND BAR RUN DATE: 03/11/2095 09:01:27 CHECK REGISTER PAGE: 22 DUE THRU= 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK MEENA SHAH 001-36610-- 17562 PK REFUND-DBC 16944 400.00 03/10/2005 64323 TOTAL PREPAID CHECK(S) 400.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 400.00 NEENA SHAH 001-34780-- 17360 RECREATION REFUND 25.00 03/10/2005 64324 TOTAL PREPAID CHECK(S) 25.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 25.00 PERVIZE SIDHWA 001-34780-- 17121 RECREATION REFUND 70.00 D3/03/2005 63940 TOTAL PREPAID CHECK(S) 70-00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 70.00 WARREN SIECKE 0015554-44520-- 159.89 5371 PROF.SVCS-ENGINEERING 438.00 03/03/2005 63941 0015554-44520-- 15989 5370 PROE.SVCS-ENGINEERING 2,162.00 03/03/2005 63941 0015554-44520-- 15989 5374 PROF.SVCS-ENGINEERING 194.00 03/03/2005 63941 0015554-44520-- 15969 5372 PROF.SVCS-ENGINEERING 485.00 03/03/2005 63941 TOTAL PREPAID CHECK(S) 3,279.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 3,279,00 SIGMANET INC 0015240-92358-- BUS INCENTIVE PRG-,TUL-SEP 48,944.50 03/03/2005 63942 TOTAL PREPAID CHECK(S) 48,944.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 48,944.50 SKATE EXPRESS 0015350-45300-- 15722 CONTRACT CLASS-WINTER 144.00 03/10/2005 64325 TOTAL PREPAID CHECK($) 144-00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 144.00 SMART & FINAL 0015350-41200-- 15684 68108 SUPPLIES-SR HINGO 106.89 03/10/2005 64326 TOTAL PREPAID CHECKS) 106.89 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 106-89 SO COAST AIR QUALITY MANAGEMENT DIS 0014090-42140-- 15601 LEASE-CITY HALL MAR 05 21,204.75 03/03/2005 63943 TOTAL PREPAID CHECK(S) 21,204.75 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 21,204.75 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 23 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # TNVOICE DESCRIPTION AMOUNT DATE CHECK SOUTHERN CALIFORNIA EDISON 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 105.32 03/03/2005 63944 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 50.77 03/03/2005 63944 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 48.43 03/03/2005 63944 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 42.35 C3/03/2005 63944 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 36.28 03/03/2005 63944 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 128.68 03/03/2005 63944 TOTAL PREPAID CHECK(S) 411.83 TOTAL UNPAID CHECK(S) ,00 TOTAL DUE VENDOR 411..83 SOUTHERN CALIFORNIA GAS COMPANY 0015340-42126-- GAS SVCS -HERITAGE PK 107.26 03/03/2005 63945 0015333-42126-- GAS SVCS -DBC 2,180.28 03/93/2005 63945 TOTAL PREPAID CHECK(S) 2,287.54 TOTAL UNPAID CHECK(S) .00 TOTAL .DUE VENDOR 2,287.54 SOUTHLAND SPORTS OFFICIALS 0015350-45300-- 15734 2/2-2/15 OFFICIAL SVCS -2/2-2/15 966.00 03/10/2005 64327 0015350-45300-- 15734 2/16-3/1 OFFICIAL SVCS -2/16-3/1 1,472.00 03/10/2005 64327 TOTAL PREPAID CHECK(S) 2,438.00 TOTAL UNPAID CHECK{S} .00 TOTAL DUE VENDOR 2,438.00 SPARKLETTS 0014090-41200-- 15575 1518391-61 WATER SUPPLIES-SAN/FEB 227.50 03/03/2005 63946 0014090-42130-- 15575 1518391-61 EQ RENTAL-JAN/FEB 11.50 03/03/2005 63946 TOTAL PREPAID CHECK(S) 239.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 239.00 STANDARD INSURANCE OF OREGON 001-21112-- PP 03-04 MAR 05-STD/LTD 1,074.10 03/03/2005 63947 001-21106-- PP 03-04 MAR 05 -LIFE INS PREMS 606.10 03/03/2005 63947 001-21106-- PP 03-04 MAR 05-SUFF LIFE INS PREM 42.00 03/03/2005 63947 TOTAL PREPAID CHECK(S) 1,722.20 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,722.20 SANDY STROHM 001-34730-- 17324 RECREATION REFUND 99.00 03/03/2005 63948 TOTAL PREPAID CHECK(S) 99.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 99.00 SUBWAY 0014090-42325-- 15700 2/15/05 MTG SUPPLIES -GENERAL 9.58 03/03/2005 63949 0014090-42325-- 15700 2/1/05 MTG SUPPLIES -GENERAL 9-58 03/03/2005 63949 TOTAL PREPAID CHECK(S) 19.16 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 19.16 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 24 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 7! INVOICE DESCRIPTION AMOUNT DATE CHECK LYNN SUN 001-23002-- 17229 PK REFUND-REAGAN 15649 50.00 03/03/2005 63950 TOTAL PREPAID CHECK(S) 50.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 50.00 SUNGARD PENTAMATION INC 0014050-44030-- 16190 36868 FIN SYSTEM MAINT-SOFTWARE 2,909.19 03/10/2005 64328 0014050-44030-- 16190 36559 FIN SYSTEM MAINT-SOFTWARE 5,230.92 03/10/2005 64328 TOTAL PREPAID CHECK(S) 8,140.11 TOTAL UNPAID CHECK(S) 00 TOTAL DUE VENDOR 6,140.11 SUNSHINE SENIORS GROUP 001-23002-- 17321 PK REFUND -DBC 16645 350.00 03/03/2005 63951 TOTAL PREPAID CHECK(S) 350.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 350.00 WANDA TANAKA 0015350-41200-- REIMH-EASTER HUNT SUPPLS 653.43 03/03/2005 63952 TOTAL PREPAID CHECK(S) 653.43 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 653.43 TANDEM PRIVATE SECURITY 007.5350-45300-- DB021905 PROF.SVCS-COMM SVCS 201.00 03/03/2005 63953 0015350-45300-- DB020505 PROF.SVCS-COMM SVCS 167.50 03/03/2005 63953 TOTAL PREPAID CHECK(S) 368.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 368.50 TENNIS ANYONE 0015350-45300-- 15955 CONTRACT CLASS -WINTER 2,891.00 03/10/2005 64329 TOTAL PREPAID CHECK(S) 2,891.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 2,891.00 THE WHOLE ENCHILADA INC 0014090-42325-- 15658 92234 MTG SUPPLIES -GENERAL 269.11 03/03/2005 63954 0014090-42325-- 15658 16680 MTG SUPPLIES -GENERAL 76.45 03/03/2005 63954 TOTAL PREPAID CHECK(S) 345.56 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 345.56 YI TONY TORNG 0015510-44100-- T & T COMM -2/10 45.00 03/03/2005 63955 TOTAL PREPAID CHECK(S) 45.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 45.00 CITY OF DIAMOND BAR RUN DATE_. 03/11/2005 09:01.27 CHECK REGISTER PAGE: 25 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK MARTIN TORRES 0015350-44100-- P & R COMM-2/7 45.00 03/03/2005 63956 TOTAL PREPAID CHECK(S) 45-00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 45.00 TOSHIBA BUSINESS SOLUTIONS 0015333-42210-- 15786 5158817 COPIER MAINT-DBC FEB/MAA 85.55 03/03/2005 63957 TOTAL PREPAID CHECK(S) 85.55 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 85.55 ANTHONY TUKAY 001-36610-- 17214 PK REFUND-DBC 16541 400.00 03/03/2005 63958 TOTAL PREPAID CHECK(S) 400.00 TOTAL UNPAID CHECK(S) ,00 TOTAL DUE VENDOR 400.00 UNITED STATES POSTAL SERVICE 0014090-42120 REPLENISH POSTAGE METER 2,500.00 03/03/2005 63959 TOTAL PREPAID CHECK(S) 2,500-00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,500.00 URBAN ENTOMOLOGY ASSOCIATE INC 0015340-42210-- 15681 2364 GOPHER CONTROL-SYC CYN PK 95.00 03/10/2005 64330 0015340-42210.- 15681 2318 GOPHER CONTROL-SYC CYN PK 75.00 03/10/2005 64330 1.385538-42210-- 15679 2362 GOPHER CONTROL -DIST 38 155.00 03/10/2005 64330 0015340-42210-- 15680 2317 GOPHER CONTROL-SUMMITRDGE 50-00 03/10/2005 64330 0015340-42210-- 15680 2319 GOPHER CONTROL-SUMMITRDGE 75.00 03/10/2005 64330 0015340-42210-- 1568() 2363 GOPHER CONTROL-SUMMITRDGE 55.00 03/10/2005 64330 0015340-42210-- 15680 2360 GOPHER CONTROL-SUMMITRDGE 245.00 03/10/2005 64.330 1385538-42210-- 2361 GOPHER CONTROL-GRAND AVE 125.00 03/10/2005 64330 TOTAL PREPAID CHECK(S) 875.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 875.00 US HEALTHWORKS MEDICAL GROUP, PC 0014060-42345-- 15698 660466-CA PRE-EMPLOYMENT PHYSICAL 145.00 03/10/2005 64331 0014060-42345-- 15698 652663-CA PRE-EMPLOYMENT PHYSICAL 80.00 03/03/2005 63960 TOTAL PREPAID CBECK(S) 225.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 225..00 VALLEY CREST LANDSCAPE MAINT INC 0015340-45300-- 15748 1349683 LNDSCP MAINT-PARKS 10,103.00 03/03/2005 63961 1395539-46250-- A15993 1349683 I,NDSCP MAINT-SUMMITRIDGE 2,455.00 03/03/2005 63961 0015333-45300-- A15993 1349683 LNDSCP MAINT-DBC FEB 05 5,020.00 03/03/2005 63961 1395539-46250-- A15993 1345175 LNDSCP MAINT-SUMMITRIDGE 554.35 03/03/2005 63961 TOTAL PREPAID CHECK(S) 18,132.35 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1$,132.35 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 26 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK VALLEY TROPHY & NAMEPLATE 0015350-41200-- 16165 12953 SUPPLIES -RECREATION 1,725.21 03/10/2005 64332 TOTAL PREPAID CHECK(S) 1,728.21 TOTAL UNPAID CHECK(S) 00 TOTAL DUE VENDOR 1728 21 SUSANA VAN T'VLIE 001-34730-- 17337 RECREATION REFUND 42.00 03/03/2005 6396: TOTAL PREPAID CHECK(S) 42.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 42.00 VANTAGEPOINT TRANSFER AGENTS -303248 001-21108-- PP 05/05 3/11/05 -PAYROLL DEDUCTION 20,322.05 03/10/2005 64333 TOTAL PREPAID CHECK(S) 20,322.05 TOTAL UNPAID CHECKS) 00 TOTAL DUE VENDOR 20,322.05 VERIZON CALIFORNIA 0014440-42125-- 0014090-42125-- PH. SVCS -DATA MODEM 20.94 63964 03/03/2005 63963 0015340-42125-- 03/03/2005 63964 0014415-42125-- CELL CHRGS-V/PATROL 15.16 03/03/2005 PH.SVCS-MAPLE HILL 90.55 CELL CHRGS-DESFORGES 03/03/2005 63963 0615333-42126-- PH, SVCS -DBC 93.16 47.67 03/03/2005 63963 0015340-42125-- PH.SVCS-REAGAN 91.99 03/03/2005 03/03/2005 63963 0015333-42125-- PH. SVCS -DBC 65.77 64334 03/03/2005 63963 456.59 TOTAL PREPAID CHECK(S) 396.41 TOTAL UNPAID CHECK(S) 00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 456.59 TOTAL DUE VENDOR 390.41 VERIZON WIRELESS -LA 0014440-42125-- CELL CHRGS-EMERG PREP 143.01 03/03/2005 63964 0014090-42125-- CELL CHRGS-GENERAL 47.67 03/03/2005 63964 0014415-42125-- CELL CHRGS-V/PATROL 15.16 03/03/2005 63964 0014070-42125-- CELL CHRGS-DESFORGES 80.04 03/03/2005 63964 0014030-42125-- CELL CHRGS.-CMGR 47.67 03/03/2005 63964 0014090-42125-- CELL CHRGS-GENERAL 47.67 03/03/2005 63964 0014415-42125-- 1775672450 CELL CHRGS-V/PATROL 75.37 03/10/2005 64334 TOTAL PREPAID CHECK(S) 456.59 TOTAL UNPAID CHECK(S) 00 TOTAL DUE VENDOR 456.59 VERMONT SYSTEMS INC 1185098-R46235-- 12904 13783 COMM SVCS-RSVTN SYS SFTWR 8,030.88 03/03/2005 63965 TOTAL PREPAID CHECK(S) 8,030.88 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 8,030.00 ARUN VIRGINKAR 0015510-44100-- T & T COMM -2/10 45.00 03/03/2005 63966 TOTAL PREPAID CHECKS) 45.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 45.00 RUN DATE: 03/13./2005 09:01:27 FUND/SECT-ACCT-PROJECT-ACCT VISION SERVICE PLAN 001-21107-- WAXIE SANITARY SUPPLY CORP 0015333 -41200 -- 0015333 -41200 -- 0015333 -41200 -- 0015333 -41200 -- WELLS FARGO BANK 0014010-42330-CC205-42330 WELLS FARGO BANK 0014090 -42325 -- 0014030 -42325 -- 0014030 -42325 -- 0014030 -42325 -- WELLS FARGO DANK 0015210 -42330 -- 0015240 -42330 -- 0015210 -42320 -- WELLS FARGO BANK 0014030 -42325 -- 0014030 -42330 -- WEST COAST MEDIA 0014095 -42115 -- CITY OF DIAMOND BAR 1/26 413.50 CHECK REGISTER PAGE: 27 MTG-CMGR DUE THRU; 03/10/2005 35.26 03/03/2005 63970 MTG-INFO SYS PREPAID 59.59 PO # INVOICE DESCRIPTION AMOUNT DATE MTG-CMGR,CHAMBER,DESTEFAN 35.26 03/03/2005 CHECK PP 03-04 MAR 05 -VISION PREMIUMS 1,144.86 03/03/2005 63967 TOTAL PREPAID CHECK(S) 1,144.86 TOTAL UNPAID CHECK(S) TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR .00 1,144.86 67892091 SUPPLIES -DBC 3.27 03/03/2005 63968 68161239 SUPPLIES -DHC 78.85 03/10/2005 64335 68154095 SUPPLIES -DBC 195.98 03/10/2005 64335 67882993 SUPPLIES -DBC 112.54 03/10/2005 64335 TOTAL PREPAID CHECKS) 390.64 TOTAL UNPAID CHECK(S) 00 TOTAL DUE VENDOR 390.64 LCCA CONF-COUNCIL 44.00 03/03/2005 63969 TOTAL PREPAID CHECK(S) 44.00 TOTAL UNPAID CHECK(S) 00 TOTAL DUE VENDOR 44..00 MTG-STAFF 1/26 413.50 03/03/2005 63970 MTG-CMGR 1/17 35.26 03/03/2005 63970 MTG-INFO SYS 2/14 59.59 03/03/2005 63970 MTG-CMGR,CHAMBER,DESTEFAN 35.26 03/03/2005 63970 TOTAL PREPAID CHECK(S) 543.61 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 543.61 MTG-DESTEFANO MTG-DESTEFANO PUBLICATIONS-PLNG TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR MTG-IJOYLE NPELRRA CONE-DOYLE TOTAL PREPAID CHECK($) TOTAL UNPAID CHECKS) TOTAL DUE VENDOR 15693 2062132 AD -BRIDAL FAIRE FEB 05 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 41.43 03/03/2005 63971 27.54 03/03/2005 63971 54.00 03/03/2005 63971 122,97 .00 122.97 26.51 03/03/2005 63972 973.70 03/03/2005 63972 1,002.21 .00 1,002.21 525.00 03/10/2005 64336 525.00 .00 525.00 REPORT TOTAL PREPAID CHECKS 680,096.34 REPORT TOTAL UNPAID CHECKS .00 REPORT TOTAL 680,096.34 CITY OF DIAMOND BAR RUN DATE: 03/11/2005 09:01:27 CHECK REGISTER PAGE: 28 DUE THRU: 03/10/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO H INVOICE DESCRIPTION AMOUNT DATE CHECK WI SCTF 001-21114-- PP 03-04 SLRY ATTCHMT-1965778 161.54 03/03/2005 63973 TOTAL PREPAID CHECK(S) 161.54 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 161.54 XEROX CORPORATION 0014090-42100-- 15796 8450725 COPIER SVCS -FEB 05 459.68 03/10/2005 64337 0014090-42100-- 15796 8450716 COPIER SVCS -FEB 05 459.68 03/10/2005 64337 TOTAL PREPAID CHECKS) 919.36 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 919.36 FLORA YEE 001-34780-- 17528 RECREATION REFUND 35,00 03/10/2005 64338 TOTAL PREPAID CHECK(S) 35-00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 35.00 YMCA OF POMONA VALLEY 0114010-42355-- ANNL FUNDRAISER CONTR 2,000.00 03/03/2005 63974 TOTAL PREPAID CHECK(S) 2,000-00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,000.00 REPORT TOTAL PREPAID CHECKS 680,096.34 REPORT TOTAL UNPAID CHECKS .00 REPORT TOTAL 680,096.34 Agenda # 6 , 4 Meeting Date: March 15, 2005 CITY COUNCIL AGENDA REPORT �ry('01tPona'�Qc \res TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage r 6 TITLE: Rejection of Claim — Filed by George Brumley, Jr. — February 16, 2005. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by George Brumley, Jr. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for approximately $606.25. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On January 16, 2005, George Brumley, Jr. 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 the lower side of his car, tire, rim and hub cap. Carl Warren & Co., the City's claims administrator, determined that the claim appears to be one of questionable liability and has recommended denial. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, Executive Asst. REVIEWED BY: --eputy City Manager Agenda # 6 5 Meeting Date: March 15, 2005 CITY COUNCIL \ R��L' AGENDA REPORT jApll ars TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager!;. TITLE: Library Task Force List of Recommendations for further consideration RECOMMENDATION: The Library Task Force recommends the City Council approve the attached list of recommendations and direct staff to develop cost estimates for the items requiring funds. Once the cost estimates are developed, the recommendations and the associated cost estimates will be presented to the Library Task Force to determine which, if any, of the recommendations will be submitted to the City Council for funding consideration. FINANCIAL SUMMARY: While several of the Task Force capital project recommendations may have significant financial implications, there is no request for funds at this time. City staff or County staff will develop cost estimates for the items which require the use of funds. The items may be presented to the City Council in the future for funding consideration. In addition to the City, possible funding sources include the County, Supervisor Knabe's office, Diamond Bar Community Foundation, and Friends of the Diamond Bar Library. BACKGROUND: In January 2004 the City applied for funds to construct a new library adjacent to the new Diamond Bar Center through the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000 (Bond Act). After reviewing the City's application, the Bond Act Board of Directors denied the City's funding request. DISCUSSION: After the City's funding application was denied, the Library Task Force reconvened on March 8, 2005. At that time, the Task Force reviewed the list of recommendations included in their report, dated August 2004, to determine which of the recommendations they would like the Council to pursue. The attached list shows the items the Task Force is no longer interested in pursuing, the items that have been completed, and the items requiring additional follow up including development of cost estimates. If approved by the Council tonight, staff will work with the County to develop cost estimates for the capital projects and provide the estimates to the Library Task Force. The Task Force will review the recommendations and cost estimates, and recommend which, if any, of the capital projects the City should fund either independently or in conjunction with other funding sources such as the County of Los Angeles. PREPARED BY: Dave Doyle, ssis t City Manager Attachment Improvements to Existing Facility Recognizing that alternative financing may take several years, the Task Force developed a list of recommendations for capital improvements that would improve the existing facility. The Task Force formally adopted the list of recommendations shown in order below on August 2, 2004. The Task Force rated the following improvements as either an "A"(needs to be done now regardless of outcome of Grant monies awarded), a "B"(should be considered if City is not rewarded Grant monies and a new library timeline is 5 years or less), or "C"(should be done only if new library timeline is 5-10 years). "A" IMPROVEMENTS THAT SHOULD BE DONE NOW • Develop shared parking agreement after hours/weekend with medical arts building and Realtor's Office or lease parking spaces from business for use by library patrons. To be completed by City staff. • Increase technology by adding the appropriate number of computers based on available space 12 cemp •�, increase library staff knowledge with computer training, seek Giity°s County MIS department to maintain new computers, and investigate the use of wireless technology for internet connectivity. — County to provide cost estimates in tandem with item below. • Tear out existing glass "typing booths" and replace with computer work stations — Cost estimates to be provided by County • Clear out storage area in multipurpose room, staff work room and elsewhere in library - Completed • Expand Best Seller's area — To be reviewed upon completion of collection purge • Review collection, purge all books and other materials that are rarely checked out, including all audio/video materials, add compact discs and convert VHS tapes to DVDs — County has hired a collection consultant to review collection and make recommendations to purge collection to gain usable space. This review will begin in approximately 1 month. • Install a new bus stop in front of library on Grand Ave. — City staff to write letter to transit agencies Staff pursued by was unable to get agreement from Verizon — no longer a viable option. But Task Force recommends pursuing creation of a special parking district to allow library staff to park on side streets (Montefino) that currently have red curb areas. • Reconfigure all areas of library once collection reduction efforts have concluded to improve all areas of programming with emphasis on Children's area and Technology (computers) Center — To be done by County following the review by collection consultant • Survey kids for what new collection items they would prefer — County to conduct survey. • Have Task Force and other interested parties take field trips to other local libraries to see how they use their space -- Libraries such as Calabasas, East Los Angeles, Burbank, Mission Viejo, etc. — City staff to arrange • Keep all materials purchased by DB Friends of Library at DB Library • Advertise all available services to public and train library staff on those services — County to provide information to City for posting on DBTV • Provide the County Librarian with this list of recommendations and this report - Completed "B" IMPROVEMENTS THAT SHOULD BE CONSIDERED IF NEW LIBRARY IS TO BE CONSTRUCTED IN LESS THAN 5 YEARS • Add benches/tables to front of library outside front door. — City to provide cost estimates. "C" IMPROVEMENTS THAT SHOULD BE CONSIDERED IF NEW LIBRARY IS TO BE CONSTRUCTED IN 5 OR MORE YEARS • Install higher more efficient shelving to store more books — possible ADA issues — County to review and provide additional information • Install comfortable chairs for reading. — County to provide cost estimates • Paint and/or install wall coverings in Library and meeting room — County to provide cost estimates • More/better signs throughout library — County to provide cost estimates • Improve flooring — replace tile with carpet (possibly just in Community Room) — County to provide cost estimates �Gt ' Solicit and use donations from Friends of Library and possible new Library Foundation to fund these temporary improvements. • Install potted plants along front and other attractive landscaping/cleaning/make parking lot look attractive - City to provide cost estimate It should be noted that the County has agreed to take care of the routine maintenance items listed such as replace stained ceiling tiles and cleaning the exterior of the front door area. Agenda # 6.6 Meeting Date: March 15, 2005 CITY COUNCIL I,,.sU� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag !�4 TITLE: Creation of a City Council Ad Hoc Audit Committee and appointment of members to the Committee RECOMMENDATION: It is recommended that the City Council create and appoint two members to an ad hoc Audit Committee to review proposals for City audit services and make recommendations for selection of City external auditor. FINANCIAL IMPACT: None. BACKGROUND. The City of Diamond Bar is required to have a independent audit performed on an annual basis by a qualified Certified Public Accounting firm. The practice has been to go out for bid on these services every five years. The City Council Finance Sub -Committee has been a part of the auditor review and selection process. As a result of the elimination of this sub -committee, it is recommended that an ad hoc Audit Committee be created to assist staff in the selection of an auditor for the next contract. DISCUSSION: It is time to award a contract for auditing services. The prior contract with Conrad and Associates, L.L.P. was completed with the issuance of the FY2005 Comprehensive Annual Financial Report. As a result a RFP for auditing services was sent out. The City received five proposals for the services. Since the services to be performed directly affect the technical staff, it is important that there is also an independent review of the proposals. An ad hoc Audit Committee comprised of two members of the City Council would provide the necessary independent review of the proposals. The ad hoc Audit Committee will receive copies of the RFP along with the proposals received. This should take place during the week following creation of the Committee. Once the review is completed Page 2 — Ad Hoc Audit Committee Report by the Committee and staff, a recommendation for contract award will be made and forwarded to the City Council. It is anticipated that the contract award will take place at the April 5th City Council meeting. PREPARED BY: Linda G. Magnuson REVIEWED BY: Department Head Deputy City Manager Agenda # 6.7 1 a a Meeting Date: Mar. 15, 2005 CITY COUNCIL �o� AGENDA REPORT TO: Honorable Mayor and Members pf the City Council VIA: Linda C. Lowry, City Manager,- Ik-' k r TITLE: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING CALIFORNIA STATE ASSEMBLY BILL 267 (DAUCHER) TO EXPAND THE TIME FRAME FOR ADVANCED EXPENDITURES MADE BY JURISDICTIONS ON TRANSPORTATION PROJECTS TO BE REIMBURSED BY THE STATE. RECOMMENDATIONS: It is recommended that the City Council adopt the Resolution. FISCAL IMPACT: There is no fiscal impact on the City of Diamond Bar. BACKGROUND / DISCUSSION: Existing law authorizes a regional or local entity that is the sponsor of, or is eligible to receive funding for, a project contained in the state transportation improvement program to expend its own funds for any component of a project that is included in an adopted state transportation improvement program, and for which the commission has not made an allocation. The law requires these expenditures to be reimbursed by the state, under specified conditions. Existing law also limits these provisions to project expenditures advanced by an eligible local or regional entity within the 12 months preceding the date the project would otherwise be allocated funding by the commission. Assembly Bill 267 (Daucher) would expand the limit of these provisions to project expenditures advanced by an eligible local or regional entity within the 36 months preceding the date the project would otherwise be allocated funding by the commission. Therefore, the City would be able to begin State funded transportation projects two years earlier. The bill would make this changed provision retroactive to include expenditures after July 1, 2004. Prepared with information from the California Legislative Counsel.. Prepared by: Ji larke, Legislative Analyst Attachments 1. Resolution No. 2005 -XX Supporting AB 267 (Daucher): Transportation projects RESOLUTION NO. 2005- A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING CALIFORNIA STATE ASSEMBLY BILL 267 (DAUCHER) TO EXPAND THE TIME FRAME FOR ADVANCED EXPENDITURES MADE BY JURISDAICTIONS ON TRANSPORTRATION PROJECTS TO BE REIMBURSED BY THE STATE. WHEREAS, existing law authorizes a local agency to expend its own funds for any component of a project that is included in an adopted state transportation improvement program for which the commission has not yet made an allocation; and WHEREAS, the law requires these expenditures to be reimbursed by the state; and WHEREAS, the law also limits these provisions to project expenditures advanced by an eligible local agency within the 12 months preceding the date the project would otherwise be allocated funding by the commission; and WHEREAS, Assembly Bill 267 (Daucher) would expand the limit of these provisions to project expenditures advanced by an eligible local agency within the 36 months preceding the date the project would otherwise be allocated funding by the commission; and WHEREAS, a local agency would be able to begin State funded transportation projects two years earlier. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar SUPPORTS AS 267 (Daucher): Transportation projects and directs the following: SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State officials to SUPPORT AS 267 (Daucher). SECTION 3. That certified copies of the resolution be circulated to the following: League of California Cities, L.A. Division Assemblywoman Lynn Daucher Assemblyman Bob Huff Senator Bob Margett PASSED, APPROVED AND ADOPTED this day of 12005 Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the day of , 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LINDA C. LOWRY, CITY CLERK CITY OF DIAMOND BAR Agenda # f, 7 r 1, I Meeting Date:_ Mar. 15, 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of -the City Council VIA: Linda C. Lowry, City Manage TITLE: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING CALIFORNIA STATE ASSEMBLY BILL 343 (HUFF): UTILITY USER TAXES: EXEMPTION, WHICH WILL EXEMPT LOCAL AGENCIES AND SCHOOL DISTRICTS FROM UTILITY TAXES ON THE USE OF COMPRESSED GAS FOR TRANSPORTATION PURPOSES. RECOMMENDATIONS: It is recommended that the City Council adopt the Resolution. FISCAL IMPACT: There is no fiscal impact to the City of Diamond Bar passing this resolution. However, public transit users may ultimately benefit from fewer future fare increases. BACKGROUND/ DISCUSSION: Existing law authorizes counties and/or cities to levy a utility user tax on the consumption of such things as electricity, gas, water, sewer, telephone, telegraph, and cable television services. The important public policy or issue is that public purpose is not well served when public agencies tax each other. Assembly Bill 343 (Huff) would exempt local agencies or school districts from any utility user tax imposed by any jurisdiction on the consumption of compressed natural gas for transportation purposes. Local jurisdictions include any city, county, city and county, including any chartered city, county, or city and county, district, or public or municipal corporation. Foothill Transit, which services Diamond Bar, will benefit directly from this legislation as they are currently using a fueling station that is within the City of Irwindale which levies a utility tax on compressed gas. Prepared with information from the California Legislative Counsel.. Prepared by: Ji larke, Legislative Analyst Attachments 1. Resolution No. 2005 -XX Supporting AB 343 (Huff): Utility users tax: exemption RESOLUTION NO. 2005- A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING CALIFORNIA STATE ASSEMBLY BILL 343 (HUFF): UTILITY USER TAXES: EXEMPTION, WHICH WILL EXEMPT LOCAL AGENCIES AND SCHOOL DISTRICTS FROM UTILITY TAXES ON THE USE OF COMPRESSED GAS FOR TRANSPORTATION PURPOSES. WHEREAS, existing law authorizes counties and/or cities to levy a utility user tax on the consumption of such things as electricity, gas, water, sewer, telephone, telegraph, and cable television services; and WHEREAS, the public is not well served when public agencies tax each other; and WHEREAS, Assembly Bill 343 (Huff) would exempt local agencies or school districts from any utility user tax imposed by any jurisdiction on the consumption of compressed natural gas for transportation purposes; and WHEREAS, Foothill Transit, which services Diamond Bar, will benefit directly from this legislation as they are currently using a fueling station that is the City of Irwindale who has levied such a tax. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar SUPPORTS AB 343 (Huff): Utility users tax: exemption and directs the following: SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State officials to SUPPORT AB 343 (Huff). SECTION 3. That certified copies of the resolution be circulated to the following: League of California Cities, L.A. Division Assemblyman Bob Huff Senator Bob Margett California Contract Cities Association PASSED, APPROVED AND ADOPTED this day of , 2005 Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the day of , 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED:0OUNCIL MEMBERS: LINDA C. LOWRY, CITY CLERK CITY OF DIAMOND BAR CITY COUNCIL Agenda # 6.7 (c) Meeting Date: _ Mar. 15, 2005 AGENDA REPORT TO: Honorable Mayor and Members the City Council VIA: Linda C. Lowry, City Manager; TITLE: anager t - TITLE: A RESOLUTION BY THE CITY COUN IL OF THE CITY OF DIAMOND BAR SUPPORTING CALIFORNIA STATE ASSEMBLY JOINT RESOLUTION 7 (HUFF): ZIP CODES WHICH URGES THE UNITED STATES POSTMASTER TO CREATE ZIP CODES THAT DO NOT ENCOMPASS MORE THAN ONE MUNICIPALITY, RECOMMENDATIONS: It is recommended that the City Council adopt the Resolution. FISCAL IMPACT: There is no fiscal impact to the City of Diamond Bar passing this resolution. However, if a ZIP Code is created to replace the 91789 section in Diamond Bar, additional revenues may be secured. BACKGROUND / DISCUSSION: Many communities in California have the advantage and convenience of possessing ZIP Codes that are unique to their respective communities. Since ZIP Codes have a wider utility than the mere delivery of mail to the cities in California, Assemblyman Bob Huff has introduced Joint Resolution (AJR 7) which urges the United States Postmaster to create ZIP Codes that do not encompass more than one city. As the City of Diamond Bar has discovered, the United States Postal Service (located in Walnut and serving Diamond Bar residents living in the 91789 ZIP Code area) sometimes advises Diamond Bar residents and businesses to identify their address by post office address (Walnut) rather than Diamond Bar to ensure proper mail delivery. Many new residents in the 91789 area do not even know that they are represented by Diamond Bar elected officials or that their city services are provided by Diamond Bar. At the same time, the private development sector measures economic feasibility for investing in local communities based on data collected by ZIP Codes. Sales taxes, franchise fees, federal funding, and other city revenue sources are alsotraced through ZIP Codes. Cities such as Diamond Bar which share a ZIP Code may lose a portion of their revenue stream to other jurisdictions which the post office recognizes as the primary geographic area for that particular ZIP Code. The City of Diamond Bar has, for years, lobbied our local Congressional Representative and U.S. Postal officials to have its own ZIP Code problem solved. AJR 7, a resolution of the Assembly and the Senate of the State of California, jointly, will be transmitted to the President and Vice President of the United States, to the Speaker of the House of Representatives, to the Majority Leader of the Senate, to each Senator and Representative from California in the Congress of the United States, and the United States Postmaster to bring attention to this very basic but very important ZIP Code problem. Prepared with information from the California Legislative Counsel.. Prepared by: Ji larke, Legislative Analyst Attachments Resolution No. 2005 -XX Supporting AJR 7 (Huff) RESOLUTION NO. 2005- A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR SUPPORTING CALIFORNIA STATE ASSEMBLY JOINT RESOLUTION 7 (HUFF): ZIP CODES WHICH URGES THE UNITED STATES POSTMASTER TO CREATE ZIP CODES THAT DO NOT ENCOMPASS MORE THAN ONE MUNICIPALITY. WHEREAS, the United States Postal Service sometimes advises residents and businesses to identify their address by post office address rather than city address to ensure proper mail delivery; and WHEREAS, the mail delivery system should not confuse residents about their place as citizens within the local government structure, and WHEREAS, the private development sector measures economic feasibility for investing in local communities based on data collected by ZIP Codes; and WHEREAS, Sales taxes, franchise fees, federal funding, and other city revenue sources are traced through ZIP Codes; and WHEREAS, cities such as Diamond Bar who share a ZIP Code may lose a portion of their revenue stream to other jurisdictions which the post office recognizes as the primary geographic area for that particular ZIP Code; and WHEREAS, Assemblyman Bob Huff has introduced a Joint Resolution (AJR 7) which urges the United States Postmaster to create ZIP Codes that do not encompass more than one City; and WHEREAS, the City of Diamond Bar has fought to have its own ZIP Code problem solved by lobbying our local Congressional Representative and U.S. Postal officials. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar SUPPORTS AJR 7 (Huff): ZIP Codes and directs the following: SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State officials to SUPPORT AJR 7 (Huff). SECTION 3. That certified copies of the resolution be circulated to the following: League of California Cities, L.A. Division Assemblywoman Lynn Daucher Assemblyman Bob Huff Senator Bob Margett PASSED, APPROVED AND ADOPTED this day of , 2005 Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the day of 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED:COUNCIL MEMBERS: LINDA C. LOWRY, CITY CLERK CITY OF DIAMOND BAR Agenda # s . 7-(d) Meeting Date: May: 15, CITY COUNCIL � �1h<< � AGENDA REPORT TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manage L TITLE: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR URGING CONGRESS TO PROTECT THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE FY2006 FEDERAL BUDGET RECOMMENDATIONS: It is recommended that the City Council adopt the Resolution. FISCAL IMPACT: There is no fiscal impact with the passing of this resolution. However, the City of Diamond Bar could stand to lose a substantial amount of money for community development projects if the Community Development Block Grant (CDBG) program is scaled back. As an entitlement community the City of Diamond Bar received approximately $435,000 in CDBG funds for FY2005 and has received a similar annual amount for the past decade. BACKGROUND / DISCUSSION: The FY2005 federal CDBG budget is $4.355 billion. The President has proposed a new "Strengthening America's Communities Initiative" which combines 18 direct grant programs, including CDBG, into one program within the Economic Development Administration (EDA). At $3.71 billion, the new program (which combines 18 programs) is approximately $645 million less than the current CDBG program alone. For thirty years America's cities, including both large and small cities in California, have used CDBG funds to create jobs, provide affordable housing, eliminate blight, and generate economic investment. CDBG funds have played a critical role in community programs and economic development at a local level. CDBG funds have been a powerful economic engine and a job creator, allowing cities to leverage private investment. The CDBG program offers a mechanism for building public infrastructure including sidewalks, roads and sewer systems. The consistent availability of CDBG funds makes the program one of the most reliable avenues by which tax dollars have returned to local government. The CDBG program has increased the quality of life in Diamond Bar by allowing the City to build new sidewalks, improve resident homes, and complete a series ofADA compliancy projects. Also, CDBG funds provided a portion of the resources to build the Diamond Bar Center. Without proper funding for CDBG, we risk undermining the economic well being of communities, the future generations that live there, and the nation as a whole. Prepared with information from the League of California Cities. Prepared by: Ji larks, Legislative Analyst Attachments 1. Resolution No. 2005 -XX Community Development Block Grant funding A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR URGING CONGRESS TO PROTECT THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE FY2006 FEDERAL BUDGET WHEREAS, for thirty years America's cities, including both large and small cities in California, have used Community Development Block Grant (CDBG) funds to create jobs, provide affordable housing, eliminate blight, and generate new economic investment; and WHEREAS, CDBG funds have played a critical role in community development in the City of Diamond Bar; and WHEREAS, CDBG funds have augmented existing non-profit service providers; and WHEREAS, the CDBG program has improved the quality of life in Diamond Bar by funding programs such as sidewalk construction, home improvements, public structure and ADA compliancy projects; and WHEREAS, the President has proposed a new "Strengthening America's Communities Initiative" which combines 18 direct grant programs, including CDBG, into one within the Economic Development Administration (EDA); and WHEREAS, at $3.71 billion, the new program (which combines 18 programs) is approximately $645,000 million less than the current CDBG program alone, thereby drastically reducing the available funding pool; and WHEREAS, without proper funding for CDBG, we risk undermining the economic well being of our communities and eliminate one of the few consistent and reliable returns of federal tax dollars to local government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR that we hereby request that Congress enact a FY2006 budget and appropriations package that funds CDBG formula grants at no less than $4.355 billion, which is level with FY 2005 CDBG allocations; and RESOLVED FURTHER, that Congress maintain the CDBG as a separate and distinct program from other economic development programs that provides a direct and flexible source of funding to local governments; and RESOLVED FURTHER, that Congress maintain the current system where 70 percent of CDBG funds go to entitlement communities based on population; and directs the following. SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State officials to urge Congress to protect the CDBG program in the FY2006 federal budget. SECTION 3. That certified copies of the resolution be circulated to the following: League of California Cities, L.A. Division Assemblyman Bob Huff Senator Bob Margett California Contract Cities Association Senator Dianne Feinstein Senator Barbara Boxer PASSED, APPROVED AND ADOPTED this , 2005 Mayor day of I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the day of , 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LINDA C. LOWRY, CITY CLERK CITY OF DIAMOND BAR Ag�wda # — 6-8 Meeting Date: 3/15/05 CITY COUNCIL� - �fy�� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AUTHORIZATION TO EXCEED THE CITY MANAGER'S GER S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT NOT TO EXCEED $40,000 FOR THE 2004/05 FISCAL YEAR. RECOMMENDATION: Approve FINANCIAL IMPACT: Funds for these services are already included in the 2004/05 fiscal year budget and are paid for by the excursion participants. DISCUSSION: Inland Empire Stages Limited provides excursion services for seniors and adults throughout the year. This includes the coordination of transportation on a luxury bus, entrance tickets and lunch or dinner for participants. Inland Empire Stages Limited is a consistent low bidder and continues to be extremely professional, and is very responsive in fulfilling the needs of the City. Per the City's Purchasing Ordinance, awards for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City Council. Currently, inland Empire Stages Limited has provided a total of $22,662 in services. Staff expects to have additional expenditures throughout the remainder of the fiscal year. Authorization to expend up to $40,000 this fiscal year is requested. These costs are recovered by the City through fees collected from program participants. REVIEWED BY: Bob Rose mes DeSte ano Community Services Director Assistant City -Manager Agenda # 6.9 Meeting Date: March 15, 2.005 CITY COUNCIL P" AGENDA REPORT TO: Honorable Mayor and Members of tf,e City Council VIA: Linda C. Lowry, City Manager L�t�z. TITLE: SECOND READING OF ORDINANCE NO. 04 (2005) ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2005-02 REGARDING THE FOLLOWING DIAMOND BAR MUNICIPAL CODE SECTIONS: 22.08.030 - RESIDENTIAL ZONING DISTRICT LAND USES AND PERMIT REQUIREMENTS; 22.10.030 COMMERCIAL /INDUSTRIAL DISTRICT LAND USES AND PERMIT REQUIREMENTS; 22.16.140 SECOND KITCHEN; 22.30.040 NUMBER OF PARKING SPACES REQUIRED; 22.41.120 SECOND UNIT; 22.42.060 GUEST HOUSE; 22.42.080 OUTDOOR DINING; 22.48.040 DEVELOPMENT REVIEW; 22.50.060 TEMPORARY USE PERMIT; 22.52.040 MINOR VARIANCE; 22.54.040 VARIANCE; 22.56.040 MINOR CONDITIONAL USE PERMIT; 22.58.040 CONDITIONAL USE PERMIT; AND 22.80.010 DEFINITIONS. RECOMMENDATION: Approve second reading by title only and adopt Ordinance No. 04(2005). BACKGROUND/DISCUSSION: On the City initiated Development Code Amendment No. 2005-02/Ordinance No. 04(2005), a public hearing was conducted and concluded at the March 1, 2005 City Council meeting. First reading of the Ordinance occurred on March 1, 2005. Upon approval of second reading, the referenced amendment will be effective April 14, 2005. PREPARED BY: A n J. Lu gu ssoci a Planner REVIEWED B Fody, I Idhning Manager Attachmerft: Ordinance No. 04(2005) JamL�s DeStefao, Assistant City Manager A. ORDINANCE NO. (2005) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2005- 02 AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. RECITALS. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 2. On November 3, 1998, the City of Diamond Bar adopted a Development Code. Title 22 of the Diamond Bar Municipal Code which contains the Development Code is now currently applicable to development applications within the City of Diamond Bar. 3. Administering the Development Code for almost seven years demonstrated that certain clarifications and modifications are needed based on the City's experience. The City of Diamond Bar has determined that the following existing standards within the Development Code require clarification and/or modification: ARTICLE II Section 22.08.030. Residential zoning district land uses and permit requirements— Table 2-3. Section 22.10.030. Commercial/Industrial district land uses and permit requirements --Table 2-5 and Table 2-6. ARTICLE III Section 22.16.140. Second Kitchen. Section 22.30.040. Number of parking spaces required. — Table 3-10. Section 22.42.120. Secondary housing units. Section 22.42.060. Guest houses. Section 22.42.080. Outdoor display and sales standards. ARTICLE IV Section 22.48.040. Development Review. findings and decisions. Section 22.50.060. Temporary Use Permit. action by the director. Section 22.52.040. Minor Variance. findings and decision. Section 22.54.040. Variance findings and decision. Section 22.56.040. Minor Conditional Use Permit. findings and decision. Section 22.58.040. Conditional Use Permit. findings and decision. ARTICLE VI Section 22.80.010. Definition of specialized terms and phrases. 4. The Planning Commission of the City of Diamond Bar on February 22, 2005 conducted and concluded a duly noticed public hearing with regard to the Development Code amendment and recommended approval of said amendment to the City Council. 5. Notification of the public hearing for consideration of Development Code Amendment No. 2005-02 was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers on February 18, 2005. 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. The City placed a one - eight page display advertisement in the above mentioned newspapers of general circulation. Furthermore, public notices were posted in nine public places (City Hall/South Coast Air Quality Management District, Diamond Bar Library, Country Hills Town Center Community Board, Vons/Sav-On Community Board, Ralph's shopping center - Diamond Bar Boulevard, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard — Oak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Heritage Park) on February 17, 2005. 6. On March 1, 2005, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with regard to the Development Code Amendment. At that time, the City Council concluded the public hearing. 7. Following due consideration of public testimony, staff analysis and the Planning Commission's recommendation, the City Council finds that the Development Code Amendment set forth herein is consistent with the General Plan. 8. Pursuant to the provisions of the California Environmental Quality Act (CEQA) of 1970, Section 15162(a) of Article 5 of the California Code of Regulations and guidelines promulgated thereunder, the City Council hereby finds that there is no substantial evidence that the Development Code Amendment will have a significant effect on the environment and therefore has determined that Development Code Amendment No. 2005-02 is consistent with the previously adopted Negative Declaration No. 1997-03 for the Development Code. Therefore, no subsequent Negative Declaration or Mitigated Negative Declaration is required to be prepared. 9. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth above, there is no evidence before this City Council that the Development Code Amendment proposed herein will have the potential of an adverse effect on the wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: Section 22.08.030. TABLE 2-3 Residential zoning district land uses and permit requirements., Article II, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: TABLE 2-3 ALLOWED USES AND PERMIT REQUIREMENTS FOR RESIDENTIAL ZONING DISTRICTS Land Uses (1) RR RL RLM RM RMH Ri See standards in section: RESIDENTIAL USES Second units P P 1 22.42.120 Guest house P P 22.42.60 Section 22.10.030., TABLE 2-5 Commercial/Industrial district land uses and permit requirements., Article II, Title 22 of the City of Diamond Bar Municipal Code is here by amended by inserting a retail trade use to read as follows: TABLE 2-5 AI I nwFn t tSFS AND PERMIT REQUIREMENTS FOR OFFICE ZONING DISTRICTS Land Uses(1) OP OB (3) CO See standards in section: RETAIL TRADE USES Restaurant with outdoor dining MCUP MCUP MCUP 22.16.070, 22.42.080 Section 22.10.030., TABLE 2-6 Commercial/Industrial district land uses and permit requirements Article II, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Land Uses(1) C-1 C-2 C-3 I See standards in section: RETAIL TRADE USES Retail sales CUP Restaurant with outdoor MCUP MCUP MCUP 22.16.070, 22.42.080 dining Section 22.10.030., TABLE 2-6 Commercial/Industrial district land uses and permit requirements., Article II, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows 3 TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Land Uses(1) C-1 C-2 C-3 I See standards in section: RECREATIONAL, EDUCATION & PUBLIC ASSEMBLY USES Schools --Private CUP CUP Schools — Public P P Schools — Specialized education and training and non -de CUP CUP CUP -gree Studios —photograph, ortrait, etc. CUP T CUP Section 22.16.140. Second kitchen., Article III, Title 22 of the City of Diamond Bar Municipal Code is here by inserting said section to read as follows and inserting said section to the Table of Contents: Second kitchens shall be permitted within the Rural Residential (RR) zone in single-family residences that are a minimum of 6,000 square feet in floor area. A second kitchen shall not constitute approval of a second unit and such kitchen shall not be so located as to facilitate the establishment of the second independent dwelling including a servant's quarters. Section 22.30.040., TABLE 3-10 Number of parking spaces required., Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: TABLE 3-10 PARKING REQUIREMENTS BY LAND USE AND USE TYPE Land Use Type Vehicle Spaces Required Recreation, education, public assembly: Studios for art, dance and martial arts 1 space for each 150 sq. ft. of gross floor area and 1 s ace for each employee Section 22.30.040., TABLE 3-10, Number of parking spaces required. Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended by deleting the following land use and vehicle spaces requirement from TABLE 3-10 as follows: TABLE 3-10 PARKING REQUIREMENTS BY LAND USE AND USE TYPE Land Use Type Vehicle Spaces Required Residential Uses: Greefis Section 22.42.120. Second units. Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: The purpose of this section is to implement State law and permit second units in certain residential zones and to ensure that the second unit does not degrade the residential neighborhood by overcrowding the streets, utilities, parks, open spaces and other community facilities and downgrading the living environment in the City.. This section provides standards for the establishment of second units. (1) Second units shall be allowed in the zoning districts specified in Section 22.08.030 (Residential district land uses and permit requirements) subject to the approval of the Director. (2) Number of units allowed. Only one second unit shall be allowed on a legal single- family parcel. A single-family parcel shall not be allowed to have both second unit and guest house. (3) Site requirements. The parcel proposed for a second unit shall comply with all the following requirements: a. The parcel shall have a minimum area of 10,000 gross square feet and a minimum buildable pad area of 8,000 square feet, a minimum width of 50 feet and a minimum depth of 100 feet; and b. The parcel shall be developed with not more than one single- primary residence. The owner of the parcel must live in the primary residence or the second unit, and shall demonstrate such occupancy to the satisfaction of the City prior to issuance of permits. (4) Location of second unit. A second unit may be within, attached to, or detached from the existing primary residence. If detached, the second unit shall be located within the rear portion of the subject parcel and shall be separated from the existing primary residence a minimum of 10 feet. If attached to or within the primary residence, a separated entrance shall be provided and said entrance shall not be located on the front of the primary residential structure or facing the street on which the primary residence fronts. (5) Design standards. A second unit shall: a. Not exceed 600 gross square feet in floor area and is allowed if the parcel is between 10,000 and 20,000 gross square feet with a minimum buildable pad area of 8,000 square feet and has a minimum width of 50 feet and a minimum depth of 100 feet. b. Not exceed 1,200 square feet in gross floor area if the parcel is over 20,000 gross square feet with a minimum 10,000 square feet buildable pad area. C. Match the architectural style of the primary residence and design features, such as but not limited to, materials, colors, roofing, scale, surface treatments and details; d. Utilize the same setback requirements as the primary residence; not exceed one story or 15 feet in height as measured from the natural of finished grade to highest area of the roofline; not exceed the maximum lot coverage permitted in the zone where the subject lot is located; and the design of the second unit shall not change the character of the surrounding residential neighborhood; e. Contain separate kitchen and bathroom facilities and have a separate entrance from the primary residence; and Contain no more than two bedrooms. (6) Parking. One off-street parking space shall be provided for the second unit, in addition to the required and existing parking provided for the primary residence. Said parking space shall be accessible from the existing driveway approach. Existing driveway may be widened to accommodate the one off-street parking space pursuant to Code Section 22.30.080.- Driveways and site access. (7) Rental of second units. A second unit may be rented, although rental is not required. (8) Sale or subdivision of a second unit. The sale or subdivision of a second residential unit separate from the primary residence shall be prohibited. (9) Utilities. Utilities serving the second unit (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the primary residence. The second unit shall not be provided with separate metered utilities. Furthermore and prior to the issuance of any City permits, the property owner shall submit written certification from the affected water and sewer district that adequate water and sewer facilities are or will be available to serve the proposed second unit. For units using septic facilities allowed by the California Regional Water Quality Control Board and the City, written certification of acceptability shall be submitted. Section 22.42.060. Guest houses., Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: This section establishes standard for the development and operation of guest houses in zoning districts where guest houses are allowed in compliance with Article II (Zoning Districts and Allowable Land Uses), and subject to the approval of the Director provided all of the following standards are met: (1) Intended use. A guest house, which may include only a sleeping area, living area, and bathroom, is intended to provide temporary living quarters within a detached or attached residential accessory structure, located on the same premises with the primary residence, for use by guests of the occupants of the premises. (2) Development standards. The location and construction of guest houses shall comply with the following standards and as such may be approved by the Director: a. Number. A guest house shall not be permitted on any parcel for which a second unit has been permitted. I b. Location. A guest house may be within, attached to, or detached from the existing primary residence. If detached, the guest house shall be located within the rear portion of the subject parcel. C. Access. The location of a detached guest house shall provide minimum of five-foot wide pedestrian access to the main development; d. Site requirements. The parcel proposed for a guest house shall have a minimum area of 10,000 gross square feet and a minimum buildable pad area of 8,000 square feet, a minimum width of 50 feet, and a minimum depth of 100 feet; e. Floor area. The guest house floor area shall not exceed 600 square feet if the parcel is between 10,000 and 20,000 gross square feet. For parcels greater than 20,000 square feet, the guest house floor area may exceed 600 square feet but shall not be greater than 900 square feet or 30 percent of the existing living area of the primary residence, whichever is smaller; Architectural compatibility. The architectural style of the guest house in design features, such as but not limited to, materials, colors, roofing, scale, surface treatments and details shall match the primary residence. g. Setbacks. The guest house shall: utilize the same setback requirements as the primary residence; not exceed one story or 15 feet in height as measured from the natural or finished grade to the highest area of the roofline; not exceed the maximum lot coverage permitted in the zone where the subject lot is located; and the design of the guest house shall not change the character of the surrounding residential neighborhood; h. Utilities. Utilities serving the guest house (e.g., electricity, gas, sewer, and water) shall be common to and dependent on the main dwelling. The guest house shall not be provided with separate metered utilities; Plumbing and electrical installations. Plumbing shall be limited to that required for a single bathroom, water closet, lavatory, and a shower or tub. Electrical installation shall be limited to the minimum required for heating, light, and ventilation. Line drawings shall be submitted for approval, and shall delineate all plumbing and electrical installations proposed in compliance with this standard; Kitchens prohibited. The guest house shall not contain a kitchen other than. For the purpose of this section, a kitchen is defined to include, but not limited to, the following: 1. Cooking stove with or without an oven; 2. Kitchen sink, cabinets and appurtenant plumbing; 3. Convection ovens; and. 4. All appurtenances, related to the above. Rental is prohibited. The guest house shall not be separately rented or leased from the main dwelling, whether compensation is director indirect; or otherwise used as a separate dwelling. M. Sale or subdivision of a guest house. The sale or subdivision of a guest house separate from the primary residence shall be prohibited; n. Covenant and Agreement. Prior to the issuance of any City permits, the owner of record shall sign and record a Covenant and Agreement, in a form provided by the City, which shall place future buyers on notice of the maximum size of the guest house, that the guest house may not be sold, transferred or assigned separately from the primary residence, that the owner of record shall reside on the property and that such restrictions shall run with the land and shall be binding upon all future owners. Section 22.42.080. Outdoor display and sales standards., Article III, Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (3) Outdoor dining and seating areas. Outdoor dining and seating areas are allowed subject to the approval of a Minor Conditional Use Permit, in compliance with chapter 22.58 (Minor Conditional Use Permits) and the following standards: a. Alcoholic beverage sales. Areas in which alcoholic beverages will be served shall comply with the standards established by the State Department of Alcoholic Beverage Control, and the following standards: Accessible. The dining area shall be accessible from inside the restaurant only, unless the director waves this requirement in circumstances where this is not feasible or practical; 2. Physically defined. The dining area shall be clearly and physically defined. It shall be clearly a part of the restaurant serves; and. 3. Supervision. The dining area shall be supervised by a restaurant employee to ensure compliance with laws regarding on-site consumption of alcoholic beverages. b. Parking requirements. Outdoor dining and seating areas shall comply with the following off-street parking requirements: Parking calculations. Off-street parking requirements shall be calculated in compliance with chapter 22.30 (Off -Street Parking and Loading Standards). The director may reduce or waive parking requirements for outdoor dining areas less than 400 square feet in area that are operated on a seasonal basis; and 2. Additional off-street parking. Outdoor dining areas that are not part of a specific restaurant, but are used in common with several restaurants or tenants within a commercial center, shall not be required to provide additional off-street parking for these common outdoor areas. C. Cleanup facilities. Outdoor dining areas, whether part of a restaurant or seating in common, shall provide adequate cleanup facilities, and associated procedures, in the following manner: 1. Cleaning schedule. Outdoor dining areas shall be cleaned on a continual basis for removal of litter and food items which constitute a nuisance to public health and safety; and 2. Waste receptacles. Outdoor dining areas shall contain waste receptacles for use by the public and/or restaurant employees. d. Design compatibility. Outdoor dining and seating areas are subject to compatibility with surrounding uses and a high standard of design quality, the following standards shall be implemented: Compatible elements. Outdoor dining and seating areas and associated structural elements, awnings, covers, furniture, umbrellas or other physical elements which are visible from the public rights-of- way, shall be compatible with the overall design of the main structure(s); 2. Entertainment. Outdoor dining and seating areas that provide dancing, entertainment or amplified music shall require the preparation of a noise analysis with appropriate mitigation measures to ensure that noise levels will not exceed those specified in chapter 22.28 (Noise Control); 3. Pedestrian experience. The use of awnings, plants, umbrellas and other human scale elements is encouraged to enhance the pedestrian experience; 4. Potential impacts. Outdoor dining and seating areas and their relation to churches, hospitals, public schools and residential uses shall be considered by the review authority. Proper mitigation measures shall be applied to eliminate potential impacts related to glare, light, loitering and noise; 5. Obstructions. Outdoor dining and seating areas shall not obstruct vehicular or pedestrian traffic flow and not necessitate the removal of existing pedestrian or vehicular movement areas; 6. Separation requirements. Outdoor dining and seating areas shall be separated from residential uses, at a minimum distance of 200 feet, except in mixed-use projects; 7. Setbacks. Outdoor dining and seating areas shall be set back a minimum of five feet from property lines or parking lots and shall not encroach on to the public right-of-way. 8. Waste receptacles. Waste receptacles shall be provided in outside seating areas, where and when appropriate. I7 9. Americans With Disabilities Act. Outdoor dining shall meet ADA requirements. e. One year review required. Minor Conditional use permits for outdoor dining and seating areas are subject to review after one year, at which time the director shall conduct a study to determine if adverse impacts have resulted from the use. If none are found, then a permanent conditional use permit may be granted. f. The Director may wave the Minor Conditional Use Permit process for outdoor dining in connection with an existing approved restaurant if the outdoor dining does not exceed an occupancy of eight patrons and meets the development standards in this section (Section 22.42.080. Outdoor display and sales standards). Section 22.48.040. Findings and decisions., Article IV Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: A development review application shall be reviewed by the applicable review authority identified in section 22.48.050 (Responsibility far development review), below and shall not be approved, with or without conditions, unless all of the following findings are made: Section 22.50.060. Action by the director., Article IV Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: A temporary use permit may be approved, modified, conditioned, or disapproved by the director, without the requirement for a noticed public hearing. The director shall not approve, modified, or conditionally approved a temporary use permit application, for up to one year, unless all of the following findings can be made: Section 22.52.040. Rindin s and decision., Article IV Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: The director, without the requirement for a noticed public hearing, shall record the decision in writing with the findings on which the decision is based, in compliance with state law, or may refer the application to the commission. A minor variance application shall not be approved, modified, conditioned, or disapproved by the director, unless all the following findings can be made: Section 22.54.040. Findings and decision., Article IV Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: Fallowing a public hearing, the commission shall record the decision in writing with findings on which the decision is based, in compliance with state law. The commission shall not approve a variance application with or without conditions unless all of the following findings can be made: Section 22.56.040. Findings and, decision., Article IV Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: Following a public hearing, the hearing officer shall record the decision in writing with the 10 findings on which the decision is based, or may refer the application to the commission. The minor conditional use permit application shall not be approved, with or without conditions, unless all of the following findings can be made: Section 22. 58.040. Findings and decision., Article IV Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: Following a public hearing, the commission shall record the decision in writing with the findings on which the decision is based. The conditional use permit application shall not be approved, with or without conditions, unless all of the following findings can be made Section 22.80.010. Definition of specialized terms and phrases., Article VI Title 22 of the City of Diamond Bar Municipal Code is here by amended to read as follows: (b) Definitions, "B". The following definitions are in alphabetical order: Basement. Habitable and Non -habitable space within a structure where less than one-half of the distance from its floor to ceiling is below grade. Abasement shall be considered a story. (c) Definitions, "C". The following definitions are in alphabetical order: Cellar. Non -habitable space within a structure where one-half or more of the distance from its floor to ceiling is below grade. A cellar shall be considered a story. (g) Definitions, "G". The following definitions are in alphabetical order: Guest house. A detached or attached structure of 300 square feet or more, accessory to a single-family dwelling, accommodating living/sleeping quarter, but without kitchen or cooking facilities. (Refer to Section 22.42.060.) (s) Definitions, "S". The following definitions are in alphabetical order: School. An institution of learning, whether public or private that offers instruction, training, testing, apprenticeship, tutoring, exam preparation, educational guidance, counseling and evaluation. Learning may occur at training facilities, educational institutions, and through correspondence, television, Internet, or other means such as: Boarding schools Business, secretarial, and vocational schools Community colleges, colleges and universities Elementary, middle, and junior high schools Establishments providing courses by mail or Internet High schools Military academies Professional schools (law, medicine, etc.) Seminaries/religious ministry training facilities Also includes specialized non -degree grant schools offering instructions in: Art studio 11 Ballet and other dance studios Computers and electronics Drama studio Drivers' education Language Martial arts studio Math Music Science Tutorial services Second unit. A second permanent unit, or "granny flat", attached or detached that is accessory to a primary residence on the same site. A second unit provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, sanitation, and parking. (t) Definitions, "T". The following definitions are in alphabetical order: Tutorial services. A type of business designed to provide individualized instructions to persons generally in fields of general education or the arts with no more that two students per one instructor on the premises at the same time. Tutorial services, not in a classroom setting, shall include, but are not limited to, instructing, tutoring, educational counseling, testing, training, etc. Students typically do not stay more than two hours. PASSED, APPROVED AND ADOPTED THIS _ COUNCIL OF THE CITY OF DIAMOND BAR. Wen P. Chang, Mayor DAY OF 2005, BY THE CITY I, Linda C. Lowry, 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 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: ABSTAIN: Council Members: 12 Linda C. Lowry, City Clerk, City of Diamond Bar CITY COUNCIL Agenda # 6-10 Meeting Date: March 15, 2005 AGENDA REPORT TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manager TITLE: AWARD OF CONTRACT TO ENVIRONMENTAL IMPACT SCIENCES FOR PREPARATION OF A SUPPLEMENTAL ENVIROMENTAL IMPACT REPORT IN THE AMOUNT OF $99,905 FOR A RESIDENTIAL DEVELOPMENT OF 102 SINGLE FAMILY HOMES (JCC HOMES) LOCATED AT THE SOUTH SIDE OF THE TERMINUS OF LARKSTONE DRIVE — APN: 8763-026-907 PORTION, 8765-005-905, 8756-005-1 THROUGH 3. RECOMMENDATION: Approve. FISCAL IMPACT: None, all costs associated with the preparation of the environmental impact report are the responsibility of the developer. The developer will enter into an Agreement for Payment with the City and will deposit the necessary funds to cover all costs. BACKGROUND: JCC Homes intends to submit a residential project consisting of 102 single family houses in the near future. The site located at the south side of Larkstone Drive is approximately 30 acres consisting of two separate parcels and owned by the Walnut Valley Unified School District and Lewis Operating Companies. The site is within a hillside area, constrained by evidence of landslides and remedial slopes and contains sensitive habitat including oak trees and jurisdictional waters. The proposed development will require an environmental impact report. To assist the developer in expediting the processing of their project and with their approval, staff has proceeded with the selection of a consultant. DISCUSSION: Staff invited three experienced environmental consulting firms to submit their Request for Proposal (RFP). The three firms were Environemntal Impact Sciences, Ultrasystems, Inc., and BonTerra Consulting. After analyzing and comparing the three RFPs, staff selected Environmental Impact Sciences (EIS) to prepare the environmental impact report for JCC Homes. The reasons are: EIS has provided the City with similar services in the past, EIS has prepared the previous environmental impact report for the same site, EIS is familiar with the site, and their service has the lowest cost. Staff believes that EIS is well suited to provide the environmental services to the City. The cost for preparing the environmental impact report is $99,905 with a City administration cost of $17,983. The total cost to the developer is $117,888. JCC Homes has agreed to sign the attached "Agreement for Payment" with a payment schedule of 5 installments at two month intervals. Typically, an environmental impact report takes approximately one year to complete. Prepared By: Nancy Fong, AICP Planning Manager Attachments: Services Contract Agreement with EIS EIS Request for Proposal Agreement for Payment contract with JCC Homes Citi, Manager CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of March 15, 2005 by and between the City of Diamond Bar, a municipal corporation ("City") and Environmental Impact Sciences, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated December 12, 2004. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated February 1, 2005 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect March 15, 2005 and shall continue until completion of the project unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed NINETY NINE THOUSAND NINE HUNDRED AND FIVE DOLLARS ($99,905). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: EIS City of Diamond Bar Peter Lewandowski, AICP 21825 E. Copley Drive 26051 Via Concha Diamond Bar, CA 91765 Mission Viejo, CA 92691 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WIT NESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: In Lynda C. Lowry, City Clerk Approved as to form: By: City Attorney "CONS7�CVA T" By: Its: EiziJC e -,., CITY OF DIAMOND BAR Wen Chang, Mayor AGREEMENT FOR PAYMENT OF PREPARATION AND PROCESSING COSTS FOR ENVIRONMENTAL IMPACT REPORT NO. 2005-01 — A PROPOSED 102 SINGLE FAMILY DEVELOPMENT THIS AGREEMENT is made this day of March, 2005, by and between the City of Diamond Bar (hereinafter called "CITY") and [JCC Homes] (hereinafter called "APPLICANT") 1. Recitals. APPLICANT has requested the CITY approve a proposed 102 single family development, Tentative Tract Map No. ("TTM ") within the CITY. An environmental evaluation will be prepared in connection with the proposed project. Accordingly, CITY requires activities be performed for and under the direction of CITY but at APPLICANT's expense for consideration in conjunction with the application as is required by the CITY'S Development Code and the state and local regulations promulgated pursuant thereto. 2. Payment. APPLICANT agrees to pay CITY in full for all costs and expenses incurred pursuant to the contract between CITY and consultants as deemed necessary for the CITY to complete the necessary evaluations for APPLICANT's project. APPLICANT agrees to pay CITY in full for all CITY personnel (full-time and part-time positions) staff costs incurred in managing the application and contract with any consultant selected by the CITY and other costs related to the processing of the above -referenced applications for development entitlements. APPLICANT shall pay CITY the sum of $117,888 in 5 installments. The following payment schedule will be as follows: Installment No. 1 $23.577.60 prior to April 30, 2005 Installment No. 2 $23.577.60 prior to June30, 2005 Installment No. 3 $23.577.60 Prior to August 31, 2005 Installment No. 4 $23,577.60 Prior to October 31, 2005 Installment No. 5 $23.577.60 Prior to December 31, 2005 In the event CITY determines the actual expense incurred in processing the application exceeds the deposit amount, APPLICANT shall pay to CITY upon demand a lump sum of the excess cost. Work shall be suspended until and unless said payment is made to CITY and in such event, APPLICANT shall be responsible for all costs incurred as a result of the suspension of work. After a final decision is made on the review authority, or prior abandonment by APPLICANT pursuant to Section 3 below, and satisfaction of all liabilities to CITY's consultant and reimbursement of all CITY staff expense, CITY shall refund to APPLICANT any amount of APPLICANT's payments that remain unexpended. 3. Abandonment of Pro'ect. In the event APPLICANT abandons the project and upon written request from APPLICANT directed to the Deputy City Manager of the CITY, the CITY will suspend processing the application activities and avoid further expense. 4. Independent Consultants (a) During existence of CITY's contract with a Consultant assigned to APPLICANT's project and for a time period of one (1) year from final resolution of APPLICANT's application, neither APPLICANT, nor any of its representatives, agents or other persons acting in concert with APPLICANT will enter into any financial or business relationship with any such Consultant or propose to enter into any future such relationship with any such Consultant. (b) APPLICANT, hereby acknowledges and agrees as follows: 2 (i) CITY has sole discretion to select which of its employees are assigned to work on APPLICANT's application; (ii) CITY has sole discretion to determine which persons CITY will hire as employees and contractors to work on the APPLICANT's application. (iii) CITY has sole discretion to direct the work and evaluate the performance of the employees and contractors whom the CITY hires to work on APPLICANT's application and CITY retains the right to terminate or replace at any time any employee or contractor who is assigned to work on APPLICANT's application. (iv) CITY has sole discretion to determine the amount of compensation paid to employees or contractors hired by CITY to work on APPLICANT's application. (v) CITY, not APPLICANT, shall pay employees and contractors hired or assigned by CITY to work on APPLICANT's application from a CITY account under the exclusive control of CITY. (c) CITY and APPLICANT hereby acknowledge and agree that processing of APPLICANT's application is not contingent on the hiring of any specific contractor. (d) CITY and APPLICANT hereby acknowledge and agree that the APPLICANT's duty to reimburse the CITY is not contingent upon the CITY's approval or disapproval of the proposed project or upon the result of any action of the CITY. (e) Neither APPLICANT nor its officers, employees or agents, shall communicate with the Consultant selected by the CITY during the term of this Agreement without prior authorization from the CITY. 5. Interpretation. This Agreement is deemed to have been prepared by all of the parties hereto, and any uncertainty or ambiguity herein shall not be interpreted against the drafter, but rather, if such ambiguity or uncertainty exists, shall be interpreted according to the applicable rules of interpretation of contracts under the laws of the State of California. 6. Assignment. This Agreement shall not be assigned in whole or in part, without the prior written consent of CITY. 7. Notice. Any notice required to be given to the APPLICANT shall be deemed duly and properly given upon delivery, if sent to APPLICANT postage prepaid to: JCC Homes 3480 Torrance Boulevard, Suite 300 Torrance, CA 90503 or personally delivered to APPLICANT at such address or other address specified to the CITY in writing by the APPLICANT. Any notice required to be given to the CITY shall be deemed duly and properly given upon delivery, if sent to the CITY postage prepaid to: Linda C. Lowry City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 or personally delivered to CITY at such address. 8. Entire Agreement. This agreement represents the entire integrated agreement between CITY and APPLICANT, and supersedes all prior negotiations, representations or agreements, either written or oral. Only a written instrument signed by both CITY and APPLICANT may amend this Agreement. 9. Litigation Costs. Should any dispute under this Agreement lead to litigation, the prevailing party shall be entitled to reasonable attorneys' fees for the prosecution of the action. 4 10. Governing Law. This Agreement shall be governed by the laws of the State of California. 11. Authority. The persons signing this Agreement warrant that each of them has the authority to execute this Agreement on behalf of the party on whose behalf said person is purporting to execute this Agreement, and that this Agreement is a binding obligation of said parties. EXECUTED on the day and year first above written. "CITY" CITY OF DIAMOND BAR ATTEST; CITY CLERK "APPLICANT" 19 as TECHNICAL AND COST PROPOSAL PREPARATION AND PROCESSING OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT SOUTH POINTE WEST PROJECT JCC DEVELOPMENT/LEWIS OPERATING COMPANIES DIAMOND BAR, CALIFORNIA Prepared for: CITY OF DIAMOND BAR DEPARTMENT OF COMMUNITY AND DEVELOPMENT SERVICES 21825 East Copley Drive Diamond Sar, California 91765-4177 (909) 839-7030 Prepared by ENVIRONMENTAL IMPACT SCIENCES 2.6051 Via Concha Mission Viejo, California 92691-5614 (949) 837-1195 F ebmary 2005 y 7601 Via (oil(hd MM1911 Viejo, (310111id 91041 �611 494 �311�45 494 Rz1 �4;41az February 1, 2005 Nancy Fang, Planning Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, California 91765-4177 Proposal: South Pointe West Project Dear Ms. Fong: Environmental Impact Sciences (EIS) is pleased lo submit this proposal to assist the City of Diamond Bar (City) prepare and process environmental documents under the provisions of the California Environmental Quality Act (CEQA) and the Guidelines for the California Environmental Quality Act (State CEQA Guidelines). As proposed, the project that will be addressed in the upcoming CEQA documentation includes: (1) the Walnut Valley Unified School District's (WVUSD) proposed sale of South Pointe West and South Pointe East properties; (2) JCC Homes/Lewis Operating Group's (JCC) proposed 103 -unit residential subdivision; (3) the development of Larkstone Park; (4) the WVUSD's development of a new school site on the Academy Site; (5) the City's acquisition of real property in Sandstone Canyon; (6) a possible 150 -unit housing project, 150,000 square foot commercial use, and development of additional recreational uses on City -purchased property; (7) sale of certain City -owned lands to a private developer; (8) the installation of sports lights at South Pointe Middle School; and (9) adoption of a specific plan or master plan. Based on the involvement of the City and the WVUSD, the presence of other reasonably foreseeable development projects, and the existence of the previously certified "Final Environmental Impact Report for the South Pointe Master Plan" (FEIR), it is EIS' opinion that the City should prepare a supplemental environmental impact report (Supplemental EIR) addressing the larger project described in the accompanying proposal. For informational and comparative purposes, however, EIS has also included a scope of services and cost proposal for the processing of a mitigated negative declaration (MND) addressing only the 103 -unit subdivision. As evidence of our firm's qualifications, EIS' Principal (Peter Lewandowski, AICP) previously prepared the FEIR, additional CEQA documentation for the WVUSD addressing the South Pointe Middle School site, separate 1995 and 1996 "Addendum to the Final Environmental Impact Report for the South Pointe Master Plan," and managed the mitigation reporting and monitoring program for Vesting Tentative Tract Map Nos. 32400 and 52203 (Diamond Crest). As a result of that experience, EIS brings to this project an extensive understanding of the applicable environmental issues and a historic perspective of neighborhood and City Council concerns. As evidenced by our recent work on the Lewis Operating Companies' "Diamond Bar Village" project, EIS has a proven tract record providing high-quality CEQA compliance services to the City. �I11' i Jw!p Itll (Eq�tiglldl111 enriranlnentra�for net f ;y Fong, Planning Manager South Pointe West Project February 1, 2005 Page 2 Because the project site contains a number of substantial geotechnical and hydrologic constraints, our project team includes licensed geotechnical engineers, engineering geologists, and hydrologists equipped with the credentials and project experience to ensure that the supporting studies accurately assess and fully mitigate on-site and near -site conditions. An independent third -party review of the applicant's studies will reduce the City' potential liability and provide the project's decision-making bodies with assurances that the project's engineering aspects have been fully considered. The preparation of a Supplemental LIR will provide the City with substantial benefits that would not likely be obtained through the preparation of a MND. Those benefits include: (1) updating the existing environmental framework, as created in the FEIR and its accompanying addendum; (2) creating a supportable administrative record allowing the City to approve or conditionally approve the proposed residential subdivision; (3) allowing the City to complete the acquisition of the South Pointe East property and to move forward with the development of a new neighborhood park; (4) allowing the WVUSD to proceed with the conveyance and subsequent development of their retained Sandstone Canyon real property holdings for a new school site; and (5) avoiding accusations of project fragmentation that might prov4 unsupportable should any CEQA challenges be brought against the project. Similarly, in the proposal we have outlined, the following four parties will directly benefit from a Supplemental EIR: (1) JCC will be able to advance their residential subdivision; (2) the WVUSD will be provided a CEQA compliance document allowing for the conveyance of real property, facilitating the subsequent development of the WVUSD's Academy Site, and allowing for the installation of sports lighting at South Pointe Middle School; (3) the City will be provided with CEQA documentation allowing for the purchase of real property, the development and operation of Larkstone Park and other recreational facilities in Sandstone Canyon, and the conveyance of any residual lands not retained in public ownership; and (4) any future purchaser of the City's real property interests, if subsequently conveyed to a private party, will benefit thorough receipt of a recently certified Supplemental EIR that will allow for that later development for the City -defined use with no or only minimal further environmental review. EIS offers both environmental and planning consulting services. We have prepared a number of specific plans and have worked with local agencies to review specific and master plans for adequacy and statutory compliance. Since the "City of Diamond Bar General Plan" suggests that the proposed subdivision must include the processing of a master plan, if deemed of benefit, EIS can assist the City prepare or review any associated planning documents that may be required for the proposed project. Should you have any questions concerning this proposal or should you require any additional information concerning our firm, examples of recent environmental studies, or additional professional references, please feel free to contact me at (949) 837-1195. SiPZL- Peter Lewandowski, AICP Principal TECHNICAL AND COST PROPOSAL PREPARATION AND PROCESSING OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT SOUTH POINTE WEST PROJECT JCC DEVELOPMENT/LEWIS OPERATING COMPANIES DIAMOND BAR, CALIFORNIA Prepared for: CITY OF DIAMOND BAR DEPARTMENT OF COMMUNITY AND DEVELOPMENT SERVICES 21825 East Copley Drive Diamond Bar, California 91765-4177 (909) 839-7030 Prepared by ENVIRONMENTAL IMPACT SCIENCES 26051 Via Concha Mission Viejo, California 92691-5614 (949) 837-1195 February 2005 The future is not a probable place we are being taken to, but a preferred place we are creating. The tracks to it are not found and followed, but are made by laying and constructing a trail. Peter Ellyard, fP17D, 199.3 S, h Pointe West Project City of Diamond Bar, Cafifornin TABLE OF CONTENTS List of Sections 1.0 INTRODUCTION 2.0 PROJECT UNDERSTANDING 2.1 Previous CEQA Documentation 2.2 Subsequent and Supplemental FIRs 2.3 Project Description 2.4 Projects Involving School Facilities 2.5 Environmental Issues 3.0 TECHNICAL APPROACH 3.1 Recommended CEQA Documentation , 3.2 Use of Applicant -Prepared Studies 3.3 Assumptions and Limitations 4.0 RECOMMENDED SCOPE OF SERVICES 5.0 SUPPLEMENTAL EIR SCHEDULE 6.0 SUPPLEMENTAL EIR COST PROPOSAL ALTERNATIVE PE OF SERVICES Iternative CE7A%%hWQ.1.iance Strategy Table List of Tables 1 Supplemental EIR Cost Proposal 2 Mitigated Negative Declaration Cost Proposal Attachment List of Attachments A Statement of Qualifications Environmental Impact Sciences Ethics, Integrity, and Service Sc rr Pointe West Project City of Uirvnond Bar. Cr3lii0 (1%3 1.0 INTRODUCTION Environmental Impact Sciences (EIS) hmigs to t1w Cily of Dimunnd . Bar (coy (r I. grid Agency) r,xtenssivr expF nr nc e in the proparalinn of envirrxrnmrrtal documents for ru�itor re ;iderilial developmeni and nr�n-rte idenli:il projects, including n011101ous Projects within the City and throughout the San Gabriel Valley. EiS is a recognized expert in the preparation of envirorimenlal documents subject to the California Environmental Quality Act (CEQA). EIS' client list includes, among others, such firms as Standard Pacific Homes, t_ennar Homes. SynergylBrookfield Homes, Trarnnlell Crow Company, Northrop Gruniman Corporation, Lowes, and IKEA In addition, numerous legal firms routinely retain EIS to assist in the processing of environmental documents and/or in reviewing the work of other consultants. Among others, our attorney clients have included Latham & Watkins; Rutan & Tucker; Brown Winfield Canzoneri; Sheppard, Mullin, Richter & Hampton; Oliver, Vose, Sandifer, Murphy & Lee; and Buchalter Nearer Fields & Younger. As outlined in the attached "Statement of Qualification" (SOO), environmental consulting services provided by EIS include, but are not limited to, air quality and health risk assessments, acoustical studies, biological resource assessments, cultural resource surveys, land use studies, and aesthetics/visual resource analyses. Acting through our network of independent contractors, EIS also offers its clients additional engineering consulting services in the fields of geotechnical engineering, engineering geology, hydrology, hydrogeology, hazardous materials assessment, and environmental engineering. EIS' Principal (Peter Lewandowski, AICP) has prepared CEQA documents for projects ranging in size from small residential suhdivisions to major "new town" developments. Among other awards, Mr. Lewandowski has received both a Congressional Recognition for environmental excellence and was presented with a Diamond Bar Commemorative Tile by the City Council. Mr Lewandowski has direct hands-on experience with the project site, brings to the City an unparalleled historical perspective regarding those environmental issues affecting the site's development, and first-hand familiarity with those previously certified site-specific environmental documents that provide a foundational basis for the current project's CEQA compliance efforts While Director of Planning and Environmental Services for a farmer Fortune 500 Company (Ulfrasystems Engineers and Constructors.), Mr. Lewandowski prepared: (1) the previous "Final Environmental Impact Report for the South Pointe Master Plan," which included Vesting Tentative Tract Map Nos. 32400 and 51407 and Tentative Tract Map No. 51253; (2) the 1995 "Addendum to the Final Environmental Impact Report for the South Pointe Master Plan," which included the Sasak Corporation's (Amrut Patel) project (Tentative Tract Map No. 51253); and (3) managed the ''South Pointe Master Plan" mitigation reporting and monitoring program. Environmentai Impact Sciences Fehr+rary 5 20 Ethics, Integrity, and Service r,, 20 t South Pointe West Project City of Diamond Bar, California The "Final Environmental Impact Report for the South Pointe Master Plan" (FEIR) concluded that air quality and traffic impacts could not be mitigated to below a level of significance. A substantial portion of the identified traffic impacts were attributable to the 290,000 square feel of commercial use then proposed within the "South Pointe Master Plan" area Based on the programmatic nature of that EIR, later projects proposed within the master plan boundaries can be presumed to incrementally contribute to the creation of significant air quality and traffic impacts. While Principal and Co -Owner of Ultrasystems Environmental, Inc., Mr, Lewandowski prepared: (1) the 1996 "Addendum to the Final Environmental Impact Report for the South Pointe Master Plan," which included changes to the approv4tentative tract (Vesting Tentative Tract Map No. 52203); and (2) separate CEQA documentation for the Walnut Valley Unified School District (WVUSD), allowing the removal of surplus soil materials from the South Pointe Middle School site. As a result of that project experience, widely recognized CEQA expertise, and understanding of the City's objectives, EIS has a very clear perspective on how the upcoming CEQA compliance effort needs to be structured. In recognition of the range of issues associated with the proposed project, EIS has assembled a team possessing the expertise required to not only successfully complete the project's environmental compliance assignment but to also: Provide the City with the expertise required to technically assess the adequacy of each of the engineering, scientific, and other studies submitted by the project proponent. Demonstrate the independency of the City with regards to the project proponent's development application. Update the existing environmental framework, as created in the FEIR and its accompanying addendum. Environmental Impact Sciences Ethics, integrity. and Service • Create a supportable administrative record allowing the City to approve or conditionally approve the proposed residential subdivision, if that action is determined to be the position of the City. • Allow the City to complete the acquisition of the WVUSD property, to move forward with the development of a new neighborhood park, and to convey any surplus real properly to a private developer without predicating the need for substantial additional environmental review. • Allow the WVUSD to proceed with the conveyance and subsequent development of their Sandstone Canyon real property holdings (Academy Site) for a new school, • Avoid accusations of project fragmentation that might prove unsupportable should any CEQA challenges be brought against the project. In order to complement our existing in-house resources, the following additional firms comprise our project team: 0 Weston Pringle & Associates (WPA). WPA brings to the project team varied experience in both the planning and operational fields of traffic engineering, including Traffic signal and traffic signal system design, school safety programs, access and circulation analyses, and parking studies for residential and public developments. WPA will prepare the traffic and circulation analysis. 10 GENTERRA Consultants (GENTERRA). GENTERRA brings to the team expertise in the areas of environmental engineering, hydrology, hydrogeology, environmental geology, and geotechnical engineering. GENTERRA will provide third -party review of the geotechnical investigation (to determine the site's suifahility for the proposed use) and the hydrologic study (to determine the adequacy of proposed drainage facifities). rehruary 2005 Pingf! 2 S h Pointe West Project City of Diamond Bar, California 0 Thomas Leslie Corporation (TLC). TLC brings to the project team multi -disciplinary expertise in the areas of sensitive plant and wildlife species surveys, resource management, wetland ecology, Section 401140411600-1616 regulatory compliance, sensitive habitat, biology, botany, zoology, ornithology, and paleontology. TLC will provide a third -party review of fhe hinlogical resource assessment arld jurisdictional delineation. EIS has successfully worked with each of these firms in the past on similar projects. Through our prior teaming, we have provided our agency clients with both a consistently high- quality work product and engineering resources that those agencies have then utilized during later project cor�ponents. This continuing availability provides the City with the continuity that is typically lacking when the CEQA process is viewed as an isolated element rather than a part of a continuum extending from the application stage through the project's development. 2,0 PROJECT UNDERSTANDING 2.1 Previous CEQA Documentation In 1992, prior to the adoption of the "City of Diamond Bar General Plan" (General Plan), the City prepared both a program -level EIR and master environmental assessment (MEA) designed to assess the then existing environmental setting within the City and the potential cumulative impacts that would likely result from the implementation of the General Plan. Although the South Pointe area is not addressed in any site- specific detail in those documents, the MEA contains the following declaration: "The City may wish to consider the following areas (among others) within its boundaries for potential preservation: slopes and/or canyons west of the 57 Freeway, both north and south of Pathfinder east and south of South Pointe Intermediate School (Sandstone Canyon)." Environmental Impact Sciences Ethics, Integrity, and Service In 1994, the City certified the FEIR. The "South Pointe Master Plan" as addressed in the FEIR, presented a comprehensive development plan for a mixed-use project on that approximately 170 -acre site. The project examined in the FEIR included approximately 200 dwelling units. 290,000 square feet of office or commercial use, and about 20 acres of recreational use. Both the City and the WVUSD owned lands within the master plan boundaries. Since three distinct real property ownership interests existed with the master plan area, the site-specific and cumulative impacts of three separate development proposals were examined in the FEIR. Those ownerships and development requests included Arciero and Sons, Inc. (Vesting Tentative Tract Map No. 32400), R/N/P Development, Inc. (Vesting Tentative Tract Map No. 5140.7), and (3) Sasak Corporation (Tentative Tract Map No. 51253). Although no development or deed restrictions existed upon the area of Vesting Tentative Tract Map No. 32400, deed restrictions existed and still remain on the areas of Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253. In -lieu of the then proposed project, the City adopted one of the alternatives examined in the FEIR, identified as the "East/West Canyon Preservation Alternative." Under that alternative, the City denied the approximately 70 -acre non-residential component (Vesting Tentative Tract Map No. 51407) but authorized the development of the approximately 45 -acre area comprising Vesting Tentative Tract Map No. 32400 and the approximately 7 -acre area comprising Tentative Tract Map No. 51253. Under the adopted alternative, the remainder of the site was, at least for the time being, to be retained as open space Although the City denied Vesting Tentative Tract Map No. 51407, by retaining the cumulative impact analysis presented in the FEIR, it was the City's intent to utilize the FEIR as the environmental basis (under CEQA) for the subsequent development of that approximately 70 -acre area. Fehruary 2005 Page 3 South Pointe West Project City of Dinirond Bar, California Under the approved alternative, the City au1hoii7e l the subdivision of that approximately 45 -acre silo to cwc ite 91 single-family lots, plus two additional resider7lially df-siclnated parcels allowing for the development cif Iwo hrMVI: on the residual 7 -acre parcels (Vesting 1 entative Tract Mz3p No. 32400). Within the area of Tentative Tract Map No 51253, the City allowed the development of one dwelling unit for each of the three existing parcels that then comprised Ilial area. By denying the proposed non-residential component. the City was unable to receive dedication of the proposed park site_ Despite that action, the City has not lost sight of its desire to expand public park acreage in the general project area. In approving Vesting Tentative Tract Map No. 32400 the City authorized the construction of a new secondary access road to South Pointe Middle School from Brea Canyon Road. That approval, however, precluded the direct and unfettered connection of that roadway to Larkstone Drive, except for emergency access. Following the certification of the FEIR: Arciero and Sons, Inc. conveyed its Sandstone Canyon ownership interests to Standard Pacific of Orange County, who subsequently developed the northeastern portion of the property into what is now "Diamond Crest." The approximately 400,000 cubic yards of surplus soil material formerly located on the South Pointe Middle School site was used as fill for that tract map area. The WVUSD acquired the RINIP Development, Inc. site (Vesting Tentative Tract Map No. 51407), now identified as the South Pointe West property, and terminated the further processing of the non-residential development previously proposed within that area. Those pre -master plan deed restrictions that encumbered the areas of Vesting Tentative Tract Map No. 51407 and Tentative Tract Map No. 51253 remain in place. Environmental Impact Sciences Ethics, Integrity, and Service In 1995, the City prepared an "Addendum to the Final Environmenlal Impact Report for the South Pointe Master Plan" {Addendum 1) Following its adoption, the City subsequently approved Tentative Tract Map No. 51253. In 1996, Diamond Crest Estates submitted a new vesting tentative tract map (Vesting Tentative Tract Map No. 52203) for the development of the two residual parcels located within the area of Vesting Tentative Tract Map No. 32400. The City prepared an "Addendum to the Final Environmental Impact Report for the South Pointe Master Plan" (Addendum 2). Addendum 2 examined the potential impacts associated with the development of an additional 16 dwelling units (14 unit net increase) on the two residual parcels. Following public hearings the City adopted that addendum and approved Vesting Tentative Tract Map No. 52203. Following that action, an approximately 7 -acre landslide occurred within and adjoining the area of Sasak Corporation's holdings, including the western portion of the WVUSD's South Pointe West site. Between 1996 and 1997, major grading activities were conducted to stabilize the affected hillside. Because of the emergency nature of those repairs, no CEQA documentation was prepared for those activities and the biological and visual quality (landform alteration) impacts of those actions never examined through a formal CEQA process. In 2002, the WVUSD formulated plans to develop an educational facility on a 7.5 -acre portion of the South Pointe West property (Academy Site). In 2003, the WVUSD commissioned a real property appraisal for the purpose of identifying the "highest and best use" for the 78 -acre South Pointe property. In January 2004, the WVUSD disseminate the "South Pointe West Property Bid Package" (Bid Package). As indicated therein, "the District has chosen to divide the property into what is now known as South Pointe East and South Pointe West." South Pointe East is 53.4 gross February 2005 IIncre 4 S. h Pointe West Project City of Dinunoml Stir. C,-3lflornri acres and is composed of Iwo 1 -acre ;gads, a 1 :3 rrr,ro, lend, ,i 7.5 -acre pad (known as the Academy Sita), ird ;i ?Sr acre portion of Sandstone Canyon, srnrlh of Dianiond Point(, I .)[re South Pointe West is 24,6 gross arses and is coirpfr,- ri rnf ;i 4.8 -acre pad, a 1.8 -acre pad, and a 1 3 -acre delenrrorr hasin near Morning Sun Avenue flip Bid Packa(r soliOled purchase proposals for the 24,6 -acre Sotllh Pointe Wesi site for the "minimum purchase price" specified Iher(-in During the 2004-2005 school year, the WVUSf) lmd in operating shortfall of approximately $8.67 million dollars The purchase price specified in the Bid Package exceeded the amount of the WVUSD's declared operating shortfall. As such, the school district may be considering the conveyance of its real property holdings within the project area as a means of generating additional operating revenues or developing a capital fund for new school construction. Similarly, pursuit to the provisions of Section 54956.8 of the California Government Code, the City is now conducting real property purchase negotiations with the WVUSD for the "Sandstone Canyon" property. The City, 'as evidenced through the initiation of a real property appraisal and the declarations of the City Council, may be actively considering the purchase of all or a portion of that area as a means of dictating the area's ultimate land use. The conveyance and/or development of the South Pointe East property, therefore, constitutes a reasonably foreseeable future action that is linked to the South Pointe West project by proximity, ownership, and through the existence of a common environmental review record. As evidenced by this project history, all or a substantial portion of the project site has already been the subject of a comprehensive environmental review and its site-specific and cumulative development examined in the certified FEIR, Similarly, it is further evident that development plans are not confined to the proposed 24.6 -acre South Pointe West Environmental Impact Sciences Ethics, Integrity, and Service subdivision bul also include (1) the 53 4 -acre South Pointe East site; (2) the City's contemplated acquisition of real properly within the "South Pointe Master Plan" boundaries; and (3) the future use of the residual portion of the "South Pointe Master Plan" area. Since public agency real property acquisition may serve as a precursor to some other use of the property now being considered for public purchase, based on the declarations of the City's intent and/or existing land use policies, for the purpose of environmental review, some development assumptions will need to be applied to the "Sandstone Canyon" area. In recognition of the reasonably foreseeable nature of those activities, CEQA discourages a myopic consideration of only the single tract map area and the fragmentation of a potentially larger project into smaller individual components. 2.2 Subsequent and Supplemental EIRs As indicated in the State CEQA Guidelines, when an EIR has been certified, no "subsequent EIR" shall be prepared unless: (1) substantial changes are proposed that will require major revisions of the previous EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified significant effects; (2) substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revisions of (lie previous EIR due to the involvement of new significant effects or a substantial increase in the severity of previously identified effects; or (3) new information of substantial importance shows: (a) the project will have one or more significant effects riot discussed in the previous EIR, (b) significant effects previously examined will be substantially more severe than previously shown, (c) mitigation measures or alternatives previorlsly found to be infeasible would, in fact, be feasible and would substantially reduce one or more significant effecls of the f ehn.ruy 2005 South Pointe West Project City of Diamond Bar. Califorrli.r project but the project proponent declined to adopt the measures or alternatives, or (d) mitigation measures or alternatives which are considerably different hone those analyzed in the previous EIR would substa11t1,1lly red11c.0 one or more significant environn-iental effects lout Iiw project proponent declined to adopt the measures or nliernt�livE�s While the precise nature and configuration of opprovcd and proposed land uses is different from that examwed Ihewim, the project continues to include the same pninary parties (i e , City, WVUSD, private developer) and similar combination of three land uses (i.e., residential, commercial, recreational). Although certain events have occurred since the certification of the FOR that were not envisioned therein (e g., landslide arid, remedial work), major landform alterations were contemplated in that previous document Similarly, since those events have altered the physical character of the site and constituted emergency actions exempt from CEQA review, the City is not now obligated to presume pre -slide project conditions. A detailed traffic study was conducted as part of the previous project. While that study did not assume the sante number of vehicle trips exiting along Larkstone Drive as would now be anticipated and although no traffic was assumed to be added to Morning Sun Avenue, the likely traffic volurnes that would be added along those roadways as a result of the current project would not be expected to over -tax those local streets. From a traffic perspective, the trip generation and distribution patterns presented in a certified EIR care less about the nature of the land use generating those trips and more about the peak -hour and daily distribution pattern of those trips. A traffic analysis in a certified EIR can, therefore, be assumed b create a "trip budget" which allows flexibility in land use decisions as long as the peak -hour, daily, and intersection -specific volumes are not exceeded. Under a trip budget approach, development is allowed to occur, independent of the precise nature of the Environmental Impact Sciences Ethics, Integrity, and Service land use, as long as the cumulative traffic volumes generated by lhat development does not exceed the specified budget. Thf, Slate CEQA Guidelines allow public agencies to prepare a "suppleniental EIR" when the conditions for a "subsequent EIR" have been satisfied and only minor additions or changes would be necessary to make the previous EIR adequately apply to the project in the changed situation. Those changed conditions can include, but are not limited to, modifications to the precise boundaries of the area under consideration and changes to the location and configuration of proposed land uses. Based on known information, it appears that the project would qualify for and the City would benefit from the preparation of a supplemental EIR. Use of a supplemental EiR would: ■ Allow for consideration of the site-specific and cumulative impacts associated with the development of the South Pointe East and Patel properties, the Academy Site, the South Pointe West site, and the City's purchase of real property within the area of the "South Pointe Master Plan." • Allow the City to define the elimination of the existing deed restrictions, and other environmental consequences of the project, as significant environmental effects. ■ Avoid the issue of project fragmentation and result in the establishment of a defensible environmental review record. • Create additional opportunities for community and neighborhood input and demonstrate to an affected citizenry the City's understanding of and efforts to mitigate community and neighborhood -related concerns. • Allow the City to consider alternative land uses, site plans, and park improvement plans for both the proposed residential subdivision and for the South Pointe Fast area_ • guild upon the technical information presented in the FEIR, thus providing an updated framework for any development that could reasonably be expected to occur within and adjoining the "South Pointe Master Plan" program area f ehruary 2005 P,Ir;e rj S h Pointe West Project City of Ui.inihnrl 13,11, Crilifrwwi • Allow for the assemblage of ref} rr�levnr l CEQA dor--muents and related studies under a single environmenlnl miihrell�i ■ Convert the traffic analysis prrscnted in the f FIR. rrs augmented, into a "trip budget" Ihat could Own he rrsed In restrict the traffic-rela(ed ingmcls .issocirrled wiih Ulei development within the nester plan bound w(i • Inject environmental considemhon intra the ISI rnniny process for the South PoinlP East property • Enhance public discussion concerning the ippiopit..-Wr future use of that property. • Allow the City to defray some of its laird p1mmiocl ,ind CEQA compliance costs for Sandstone Canyon • Promote better dialogue between the City and the WVUSD concerning the development of Sandstone Canyor). From a CFOA compliance perspective, a supplemental FIR would appear to best comply with the provisions of CEQA and the State CEQA Guidelines As with any agency decision, however, the City would he advised to consult with its own legal counsel to determine what environmental compliance strategy would be in the community's heli interests 2.3 Project Description Although the City's RFP defines the project as "a development proposal of 103 homes," it is evident that the General Plan commits the City to a master planning approach for the larger planning area that extend beyond the tract map boundaries. Similarly, the site's history links the subject property to other abutting developed (Diamond Crest) and undeveloped areas. These General Plan's requirements are acknowledged in the RFP and in the development application that includes both a General Plan amendment and adoption of a specific or master plan. The General Plan itself defines the planning area in which the project is located as greater than that encompassed by the Environmental Impact Sciences Ethics, Integrily, and Service tract neap. As indicated therein, at a minimum, the project site consists of that 78 10 82 -acre area extending southward from the South Pointe Middle School. Rased on the project area described in the FEIR and the precedence established therein, the project site might be more appropriately described as: (1) the remainder of the approximately 170 -acre area comprising the "South Pointe Master Plan," inclusive of the WVUSD's South Pointe West and South Pointe East, (2) the Patel property; and (3) the area extending southward from the South Pointe Fast and South Pointe West properties toward Pathfinder Road, The City Council's 2004-2005 goals include, but are not limited to: (1) "Pursue and promote joint development/use of facilities, parks and open space with the Pomona Unified School District and the WVUSD (coordinate duplicate policies such as for tennis courts and basketball Courts)" -,(2) "Obtain Larkstone Park agreement", and (3) "Implement project (a portion of the park could be utilized as a natural 'laboratory' for the local schools, colleges & universities)." Based on the actions of the City and the WVUSD, the project should, more appropriately, be defined as: (1) the proposed 103 -unit residential subdivision, which includes both the South Pointe West and Patel properties; (2) the institutional development of the Academy Site; and (3) a City -defined development scenario for the South Pointe West site. As indicated at the City's pre-bid conference, that development scenario might include 150 dwelling units and 150,000 square feet of non-residential use. The "Sports Complex Task Force Final Report" (Sports Complex Task Force, May 18, 2004), mcrnnmended improvements to South Pointe Middle School include "lighl orre (baseball] field" and "light six [basketball] courts." Although not - specifically included in this scope of services, the City might 0A)m try 2005 P;�qn 7 South Pointe West Project City of Diamond Bar, California want to consider the expansion of this environmental compliance effort to include the addition of sports lighting at the South Pointe Middle School. Further discussions with the City will be required to more precisely define the development assumptions and alternatives that will be examined in the supplemental EIR. The following four public and private entities will directly benefit from the City's election to establish a broad-based project description that encompasses more than the proposed residential subdivision: • JCC Homes/Lewis Operating Corporation (Applicant) will be able to advance their application for the residential subdivision of the South Pointe West and Patel properties. • The WVUSD will be provided a CEQA compliance document allowing for the conveyance of real property, facilitating the subsequent development of the Academy Site, and allowing for the installation of sports lighting at South Pointe Middle School. • The City of Diamond Bar will be provided with CEQA documentation allowing for the purchase of real property in Sandstone Canyon, the development and operation of a new park site (Larkstone Park), and the conveyance of any residual lands not retained in public ownership. ■ Any future purchaser of the City's real property interests, if subsequently conveyed to a private party for development, will benefit thorough receipt of a recently certified EIR that will allow for that later development for the City -defined use and intensity with no or only minimal further environmental review. 2.4 Projects Involving School Facilities Based on discussions with Dr. Diane C. Hockersmith, Assistant Superintendent of the WVUSD, the school district is currently in Environmental Impact sciences Ethics, Integrity, and Service the planning stage with respect to planning for a new school on the Academy Site. If the Academy Site is included within the project area and if a new elementary or secondary school facility is included as part of the project description, certain CEQA provisions may apply. As required, the Elft must include information sufficient to determine if the property is: (1) the site of a current or former hazardous waste disposal site or solid waste disposal facility arid, if so, whether the wastes have been removed', (2) a hazardous substance release site identified by the State Department of Health Services in a current list; and/or (3) a site which contains one or more pipelines, situated underground or aboveground, which carries hazardous substances, acutely hazardous materials, or hazardous wastes, unless the pipeline is a natural gas line which is used only to supply natural gas to the school or neighborhood. CEQA further stipulates that the Lead Agency and local air quality management district must be notified and consulted to identify any facilities within one-fourth of a mile of the proposed school site that might reasonably be anticipated to ernit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste. The EIR must also include sufficient information allowing the governing board of the school district to make specific findings. 2.5 Environmental Issues As the City is aware, when preparing a Mitigated Negative Declaration (MND), the City must conclude that all identified impacts can be reduced to below a level of significance and that no substantial evidence exists supporting a fair argument that project -related and cumulative impacts will, in fact, manifest at a level of significance. Those findings may be difficult in light of the administrative record created by the FEIR and the declarations contained in the WVUSD's Bid Package. February 2005 PnrJc 8 S h Pointe West Project City of Diamond Bar, California As indicated in the FEIR, based on the alternative selected by the City Council, a number of potential environmental impacts were found not to be effectively mitigated to a less -than - significant level. Those impacts included earth (landform alterations), biological resources (oak trees), air quality (construction, operational, cumulative), and traffic Based on those findings, it is likely that the analysis of the current project might also result in the identification of similar environmental effects. Preparation of a supplemental FIR will allow the City to: (1) conclude that one or more impacts are significant; (2) describe the changed condition of the project site attributable to the remedial grading activities that were conducted in response to the 1996 landslide; (3) build upon and augment the comprehensive assessment of environmental issues presented in the FEIR; (4) incorporate the mitigation measures outlined in the FEIR into the project description, thus minimizing the likely impacts of the project; and (5) focus an any new environmental issues that may not have been considered in that earlier analysis (e.g., additional neighborhood traffic). Based on the current project and the changed condition of the project site, each of the issues examined in the FEIR will need to be reexamined to the extent necessary to provide Moth an accurate assessment of existing baseline and post -project conditions. Those issues include, but are not limited to - Geotechnical Feasibility. One of the key issues that will need to be addressed relates to the geologic and geotechnical feasibility of the project site to accommodate the proposed land uses. As indicted in the WVUSD's Bid Package; (1) undocumented fill underlies the Larkstone Detention Basin; (2) the buttress slopes cannot be modified so as to reduce the buttressing effects to the upslope geologic conditions; (3) the surface elevations of the building pads should not be lowered without a thorough Environmental Impact Sciences Ethics, Integrity, and Service review by a geotechnical engineering consultation; (4) an unremediated portion of the Morning Sun landslide remains on the project site; and (5) the site is located in an area prone to slope instability. As further indicated in the "Supplemental Geotechnical Investigation" prepared for JCC Homes, the principal adverse conditions requiring remediation include out -of -slope bedding conditions in the proposed cut slopes, significant quantities of active and unsuitable landslide debris, and loose undocumented fill. In recognition of the potential significance of this issue and its possible ramifications to the site's development, EIS has teamed with a highly respected engineering firm to allow for a review of the geotechnical information by a geotechnical engineer or engineering geologist The level of that review and the qualifications of the reviewing parties is substantially greater than would otherwise be obtainable absent that involvement. The reviewing engineers can then remain available to provide ongoing technical support to the City should the project be subsequently approved. Hydrology. As further illustrated in the WVUSD's Bid Package, the Larkstone Detention Basin, the Los Angeles County Debris Control Facility, and other drainage facilities now exist within the Sandstone Canyon area. The Bid Package acknowledges that the Larkstone Detention Basin may need to be relocated to accommodate future on-site development. The development plan included in the City's RFP appears to directly affect that flood control facility_ As with geology, the hydrologic analysis will require a level of engineering review greater than typically available from an environmental consultant. As a result, we have elected to augment our project team with include licensed civil engineers possessing the qualifications to review detailed hydrologic and hydraulic studies and independent assess the adequacy of those reports and the appropriateness of I chruary 2005 Faro 9 South Pointe West Project City of Diamond Bar, Calilorrii;+ the analyses presented Iherein Those ;;111w Ioviewing engineers will remain Available to the CFIy sh;�idd the project advance to the constniclion stage Traffic. Traffic is arid will mniair, n rlrtjnr issnf within fire City. Although a delniled traffic analysis wns prr7vinnsly prepared for the "South Pointe Master PI, -in,- Ihnt study does not provide a sufficient basis for the assessment of the proposed project. For example, as now proposed, additional traffic (beyond that assumed in the FEIR) will be added to Larksione Drive Additionally, the FEIR did riot assume the introduction of any new traffic onto Morning Sun Avenue. As a result, the impacts of project -related traffic onto those local streets, including any associated construction or long-term safety considerations, will need to be examined in the upcoming EIR. Although not a part of the proposed project, the impacts associated with a Larksione Drive/Diamond Crest Drive cormection should again be evaluated. Where applicable, information and measures from the Katz, Okitsu & Associates "Neighborhood Traffic Management Program" (NTMP) will be included to minimize potential neighborhood traffic impacts. ■ Biological Resources. The FEIR concluded that a substantial loss of oak trees constituted a significant unavoidable adverse impact, notwithstanding compliance with then existing public policies (Los Angeles County's Oak Tree Ordinance) requiring tree replacement. The Bid Package indicates that more than 100 City -protected trees likely exist on the South Pointe East and West properties. As indicated in the "Biological Constraints Analysis" (PCR, May 13, 2004), although not observed on the South Pointe West property, four sensitive plant species have been documented as occurring in the project vicinity. Those Environmental Impact Sciences Ethics, Integrity, and Service species include rayless ragwort, Plummer's mariposa lily, iriternrediate mariposa lily, and many -stemmed dudleya. These plants are categorized as CNPS List 1 B or 2 species arld are riot specifically protected under the federal or Cnlifornia Endangered Species Acts. Fully disclosure of the presence or suspected presence bf these species is, however, typically included as part of a project's CFQA documentation. A second biological assessment, as conducted for Lewis Operating Corporation by Glenn Lukos Associates (GLA) identified the potential presence of a number of sensitive wildlife species including, but not necessarily limited to, Bell's sage sparrow, California horned lark, coastal western whiptail, Cooper's hawk, loggerhead shrike, Los Angles pocket mouse, orange -throated whiptail, rosy boa, San Diego horned lizard, silvery legless lizard, Southern California rufous -crowned sparrow. GLA concluded that project -related impacts to a number of those species "may require further evaluation under CEQA." Both the PCR and GLA reports concluded that California coastal gnatcatcher (CAGN) "could occur on-site due to suitable habitat" and recommended that full protocol surveys be conducted to document the presence/absence of that protected species. Since those surveys have not, as of yet, been conducted and since both the PCR and GLA reports addressed only the South Pointe West property, the information presented in those reports cannot be used, without further augmentation, as the basis to support the EIR's preliminary findings. As such, an additional biological resource assessment will need to be conducted as part of the upcoming CEQA documentation, including: (1) an updated general botanical and zoological assessment; (2) a focused, species-specific analysis for the CAGN; and (3) a licensed arborist assessment of existing protected tree resources. rnbruary 2005 r':)rlr� 10 S :h Pointe West Project City of Diamond Brir, Calilorl%l 3.0 TECHNICAL APPROACH 3.1 Recommended CEQA Documentation As indicated ahove, it is EIS' recomnienrialion that the City prepare a supplemental FIR, buildinq upon and updating the analysis presented in the FEIR, Addendwri 1. aunt Addendum 2. Al a minimum, the project site sImuld include the Patel property, South Pointe West, and South Pointe East The City may also wish to consider both the inclusion of those undeveloped properties located to the south of those sites and the South Pointe Middle School. The development assumptions examined in the EljR should include the proposed 103 -unit residential subdivNion, the proposed Larkstone Park site, a reasonable development scenario for the South Pointe East site (e.g., 150 dwelling units and 150,000 square feet of non-residential use) and, following discussions with the WVUSD, an institutional or alternative use for the Academy Site, The City should also consider the installation and operation of lighting improvements to the existing baseball field and basketball courts located at South Pointe Middle School and a recreational use scenario for the open space area located to the south of the South Pointe East and South Pointe West sites. 3.2 Use of Applicant -Prepared Studies CEQA mandates that an EfR be prepared directly or under contract to the Lead Agency. The Lead Agency is, however, authorized to employ a number of different arrangements to get the document drafted, including: (1) having its own staff do the work; (2) contracting with another entity; (3) accepting a draft prepared by the Applicant or another person; (4) executing a third -party contract to govern preparation of the document by an independent contractor; or (5) using a previously prepared Environmental Impact Sciences Ethics, Integrity, and Service EIR. Befoie using either a draft or other technical information prepay ed by someone else, the Lead Agency Whist subject the doctimenl to its own review and analysis, so as to ensure that the document subsequently disserninated for public review reflects the independentjudgment of the Le7d Agency. As evidenced by the materials presented at the pre-bid meeting and referenced in the WVUSD's Bid Package, a number of detailed technical studies have been prepared by a variety of firms, operating under contract to the City, the WVUSD, and by current or earlier holders of real property interests. In the preparation of this proposal, representatives of our project team reviewed a number of project -specific and site- specific reports. Based on our independent review of that material, EIS believe that a substantial and valuable database already exists and can and should be utilized in the preparation of the EIR. Specific studies containing applicable information include, but are not limited to: (1) "Supplemental Geotechnical Investigation and Preliminary Grading Study Review, South Pointe Residential Development, Diamond Bar, California" (Harrington Geotechnical Engineering, Inc.); (2) "Biological Constraints Analysis for the South Pointe West Project Site located in the City of Diamond Bar, Los Angeles County, California" (PCR, May 13, 2004); (3) "Results of Biological/ Regulatory Constraints Analysis Conducted for the Patel Property, a 6.7 -Acre Collection of Three Parcels Located in the WafnuVDiamond Bar Area, Los Angeles County, California" (Glenn Lukos Associates, .lune 15, 2004) Just as the environmental consultant does not replace the project proponent's project team, there are clear advantages to both the City and the Applicant for those engineers, scientists, and resource specialists already working on the project to continue in the respective roles and complete the studies that have already been commenced. Since numerous technical analyses and engineering studies have already been prepared, rehruary 20n5 Pnq(' 11 South Pointe West Project City of Diamond Bnr. (..Aforni.3 the duplication of that work would ignore the rirltrj a�,�;f1111�1,3rie and planning process tlndertakr=n In d,1le by tho (1,1[y. by Ilia WVUSD, and by the Applicant Althnngh Ce0,11u ;nigillf'rllnlnua may be required, it is our interil to 3v1-I1I11hl(, III rlif,�• tr) lie,. extent that those studies piovide dr,fnnsihle lnnly�sis, ns supportable through independent I)rf,r wviaw, mid In 311ili;r� any additional technical studies thn► will he pwvid{,ci by Ihr, Applicant, by others, or independently develolwd by [-IS EIS has assumed that the Applicant will Continua 10 Mldertnke certain technical and related engineering sludfir>s <is niny be required to finalize engineering and architectural studies, obtain discretionary permits from other regulatory agencies, and implement the recommendations of their own consultants. Based on the work already conducted by those firifis and in order to avoid needless duplication and reduce project costs, EIS has assumed that the Applicant will provide, both in hard copy and electronic formal, the following documents' • Geotechnical, hydrological, and hydrae€ic studies as may be required by the City_ • General botanical/zoological studies (as required to ensure that such studies are riot more than 12 months old at the time of publication of the EIR), focused, species-specific wildlife surveys (conducted in accordance with established protocol requirements to document the presence/absence of those sensitive species with a potential to exist on the project site), and a protected tree survey. • Jurisdiction delineations to qualify waters of the United States and waters of the State, including conceptual mitigation plans to compensate for identified impacts. • Phase I environmental site assessment to determine the presence of hazardous materials and petroleum products. • Grading plans and quantities, including a determination of whether grading will be balanced on the project site. • Delineation of any fuel modification zone requirements as may be established by the City and/or the County. Environmental Impact Sciences Ethics, Integrity, and Service • Engineering analysis documenting post -project fire flow and snnilnry sewer capacities • nr,afl or conceptual plaster plan or specific plan, if required by the City_ • Preliminary title reports for all portions of the project site. • Building elevations and typical lot plans depicting building pads and setbacks. • Cross-sections, conceptual park improvement plans, lighting plans, and landscape improvement plans, • Alternative site plans, as may be required for the analysis of a reasonable range of project alternatives under CEQA, including conceptual site plans for the Academy Site and for the property being considered for acquisition by the City. • Will serve letters from Southern California Edison and Southern California Gas Company. Where applicable, those studies may need to be expanded to include not only the proposed residential subdivision but all other properties located within the project site. EIS recommends that the City, following its independent review (as conducted by EIS) consider the information presented in Applicant -prepared studies and, if deemed adequate, authorize their incorporation into the upcoming E)R. Should technical defects, deficiencies, or future analytical requirements be identified, those firms would then be able to quickly and cost- effectively respond to those data and analytical needs. Any additional studies undertaken by those firms, including any revisions or other modifications to their existing analyses, would be managed by EIS and would be subject to additional quality review by our project engineers and senior scientists. EIS has assumed that, unless otherwise specified herein, the Applicant's existing consultants will continue to participate (operating under contract to the Applicant) in the provision of certain requisite studies, in the formulation of mitigation measures, and in the formulation of detailed written responses Fe6ru,1ry 2005 Paw- 12 S :h Pointe West Project City of Diiiru n (f Kir. Caflfornia to comments received by tho City fallowing Ilio rele,nse of the draft environmental document for puhlic and i1ge1ry review 3.3 Assumptions and Limitations Unless subsequently rnod+fied throm'Ih �In rrmemje(j scop£ cif services, no independent surfr3ce rN suhsurf,sce I1JZard0r1s materials assessment or investigations will be comiucled, no soils samples or laboratory analyses performed, no detailed architectural plans or engineering studies developed, no computer-generated simulations prepared, no independent hydrologic, hydraulic, or other engineering studies performed, and no independent general or focused biological surveys or jurisdictional delineations conducted. It is assumed that certain engineering and related studies will be provided to EIS for our review. Each of those studies need to conform to acceptable industry and agency standards, need to be conducted by qualified personnel during appropriate time periods, and submitted at the earliest possible opportunity so that information developed through those studies can be incorporated into the project's CEQA documentation. This scope of service neither includes any permit preparation and processing activities nor does it include the preparation of any piaster or specific plan documents. This work program does not include the formulation of any project -specific Best Management Practices, urban storm water management plans (SUSMP), storm water pollution prevention plans, or include a quantitative or qualitative assessment or modeling of any water quality constituents. Additionally, this work plan does not include any CEQA compliance activities associated with the development or conveyance of the WVUSD's "Site D." It is further assumed that the Lead Agency will provide the environmental consultant with copies of all relevant documents including, but not necessary limited to, the: (1) "South Pointe Environmental Impact Sciences Ethics, Integrity, and Service Master Plan (2) FEIR, Addendum 1, Addendum 2, and the corresponding City Council resolutions, and (3) the documents comprising the General Plan EIR, including the "Final Fnvironmental Impact Report for the City of Diamond liar General Plan," (lie "Master Environmental Assessment - City of Diniliond Bar," and the "Addendum to the Final Environmental Impact Report for the City of Diamond Bar General Plan." In order to reduce direct costs, the Applicant shall bear the cost of document production, reproduction, and dissemination, including the creation of any electronic docurnents required by the City, through the establishment of an Applicant -funded account at --a mutually acceptable reprographic firrin with expertise with large-scale documents. Engineering exhibits and other graphics contained in Applicant -submitted studies, shall be provided to EIS in either a °pdf' or "jpg" format so that those documents, if deemed acceptable, can be readily incorporated into the CEQA documentation. 4.0 RECOMMENDED SCOPE OF SERVICES The following scope of services is recommended by EIS based on the information known at the time of this proposal's preparation. Should information be developed through the completion of the specific activities outlined herein that would suggest either a greater or lesser scope of services, EIS will immediate notify the City of those findings and provide formal recommendations concerning the need for any corresponding alterations to this work program and its attendant costs. The individual components that comprise the project's CEQA compliance efforts are briefly described below Unless explicitly identified, any additional efforts associated with the preparation and processing of CEQA documents in furtherance of the proposed project constitute "Orsi of scope" services and will be billed in accordance with the rates and terms specified in EIS' standard rate schedule. I rbni,-iry 2005 t'a�rlo 13 South Pointe West Project City of Diamond Bar, California ♦ MAJOR TASK 1.0: PROJECT DESCRIPTION The manner in which the project is described will play a critical role with regards to all other components of this work assignment. In order to ensure an accurate and adequate project description, the following tasks will be undertaken. 0 Task 1.1: Document Review A subslantinl database already exists concerning the project site and known or reasonably foreseeable activities proposed within the Sandstone Canyon area. City and WVUSD documents previously prepared for (lie "South Pointe Master Plan" and for the South Pointe Middle School continue to have substantial relevancy to the current CEQA process, both from an analytical and historic perspective. Although some of the material 'Contained therein may be "out of date" or not directly applicable to the current development application, the information contained in that earlier analyses provides a valuable data source upon which this work effort will be built. 0 Task 1.2: Kick -Off Meeting. Prior to the formal commencement of the environmental process, EIS will meet with City staff and others to discuss, identify, and describe: (1) the proposed residential subdivision and other planned and proposed projects known to the City in the Sandstone Canyon area; (2) the boundaries of the project area; (3) development assumptions; and (4) the appropriate form of CEQA documentation. This initial meeting will focus on the resolution of an outstanding project or procedural issues. The outcome of those discussions would then influence the manner in which the project is described and the remaining components of the environmental compliance process. It is recommended that the City Attorney, the Applicant's legal counsel, and a representative of the WVUSD attend the kick-off meeting and participate in Environmental Impact Sciences Ethics, Integrity, and Service the initial discussions concerning the project description and the appropriate manner of CEQA compliance. Task 1.3: Draft Project Description. Under this task, an draft project description will be prepared, presenting a supportable description of the proposed residential subdivision, identifying other reasonably foreseeable future projects within the Sandstone Canyon area, and listing those discretionary actions that may be required for the project's implementation. 0 Task 1.4: Final Project Description. Following the receipt of comments on the draft project description from the City, a final project description will be developed and used as the basis for the project's environmental analysis. ♦ MAJOR TASK 2.0: SCOPING ACTIVITIES. This section outlines the work program that EIS will conduct to ensure the full involvement of other responsible agencies, concerned individual, and interested groups and organizations in the environmental review and decision- making process. These actions will facilitate full disclosure of the potential environmental effects of the proposed project. Scoping activities are conducted for the purpose of formulating a reasonable range of project alternatives, identifying environmental impacts, soliciting the issues, concerns, and recommendations of responsible agencies possessing discretionary authority over the project and other groups participating in the planning process. 0 Task 2.1: Meetings with City Staff. EIS is committed to establishing and maintaining effective avenues of communication with City staff and, as authorized, the Applicant's representatives. In furtherance of that effort, EIS' project director (Lewandowski) will attend up to three additional progress meetings with City staff to: (1) February 2005 f':trlr, 14 Se ) Pointe West Project City v+aniond Bar, CiiWonim discuss outstanding issues, design and development alternatives, and mitigation measures; (2) provide City staff with technical information about the findings of our investigations; and (3) obtain City and Applicant input regarding specific aspects of the project. 0 Task 2.2: Distribution List. EIS will develop, maintain, and update, as necessary, a comprehensive mailing lists ensuring inclusion of all affected agencies, interested individuals, and organizations. The mailing list will include all parties that previously commented on the FEIR, other individuals and entities known to the City to be interested in the proposed project, individuals formally requesting inclusion on the City's mailing list, and other agencies required by CEQA to receive notice. Task 2.3: Informal Consultation. EIS will informally consult with all responsible and trustee agencies, including the WVUSD, in order to obtain their pre - circulation comments. Consultation will likely take the form of meetings and/or written correspondence outlining the nature of the proposed project and soliciting agency comments. Task 2.4: Initial Study and Notice of Preparation. At project inception, the Lead Agency typically prepares an "Initial Study" as a means of determining whether the proposed action has the potential to produce a significant environmental effect. The "Initial Study" serves as a scoping document presenting the City's rationale for not undertaking the preparation of an EIR or serving to define the scope of that document. The following subtasks describe the activities associated with the preparation of that document. ♦ Subtask 2.4.1: Draft Initial Study. EIS will prepare a draft "Initial Study" utilizing the CEQA Checklist Environmental Impact Sciences Ethics, Integrity, and Service presented in the Slate CEQA Guidelines. The draft "Initial Study" will describe the project's relationship to the FEIR, Addendum 1, and Addendum 2, and identify the range of issues that will be examined in the upcoming CEQA analysis. If the draft "Initial Study" identifies any additional environmental issues beyond those outlined in this proposal, EIS reserves the right to modify both its scope of services and attendant budget to reflect those changes. Subtask 2.4.2: Final Initial Study. Based on comments received on the draft "Initial Study" from the City, EIS will revise that document, as appropriate to incorporate those changes. Subtask 2.4.3. Document Disserimination/Posting. Following the decision to prepare an EIR, a "Notice of Preparation" (NOP) will be prepared and disseminated in the manner required under CEQA, including transmittal to the State Clearinghouse and other parties included on the mailing list and posting in the office of the County Clerk. 0 Task 2.5: Public Hearings. EIS' project director (Lewandowski) shall attend up to six (6) public meeting before the Planning Commission and/or the City Council. Any additional meetings beyond the number specified will be invoiced on a time -and -materials basis in accordance with the rates and terms outlined in EIS' standard rate schedule. ♦ MAJOR TASK 3.0: THIRD -PARTY REVIEW. Under this major task, EIS will support City efforts to ensure a full and faithful disclosure of the project's potential direct, indirect, and cumulative effects. Under this work effort, a review of Applicant -submitted information will be undertaken; information gaps and unsupported conclusions will be February 2005 r'at'e 15 South Pointe West Project City of Diamond Bar. California identified, and requests for further analysis formulated. I' so directed and subject to further contract negotiations additional studies will be conducted to produce technically adequate analyses. Alternatively, EIS' protect learn will work with City staff and the Applicant's consultants Ic address any identified defects or deficiencies Based on the nature of any identified defects and deficiencies, further budget augmentation may be required if any extensive work effort is required to oversee the revisions of those studies. Each of the Applicant's studies will be examined in the context of the professional standards applicable to the area of those studies to ascertain compliance with the disclosure obligations contained therein_ Based upon our analysis of the material presented, EIS will identify potential technical and procedural deficiencies, if any, within those documents. The analysis will seek to: (1) identify those areas in the technical studies where additional scientific inquiry should be conducted; (2) raise technical questions and seek appropriate technical responses concerning the project's potential environmental effects; (3) ensure that the resulting analysis fully discloses all potential environmental impacts; (4) recommend additional actions, if any, required to ensure the technical adequacy of those studies; (5) work with City staff to formulate an implementation strategy to correct any identified defects and deficiencies; (6) derive independent conclusions concerning the presence and significance of potential environmental impacts; (7) assess the adequacy and effectiveness of the identified mitigation strategies to reduce, eliminate, or rectify those effects; (8) independently formulate additional mitigation measures, if necessary, to further minimize the project's environmental consequences; and (9) independently determine the post -mitigated level of significance for each identified environmental effect. If procedural, methodological, or analytical defects are identified, recommendation will be submitted to the City in Environmental Impact Sciences Ethics, Integrity, and Service the form of a letter report It is recommended that the Applicant, acting though their existing consulting team, be afforded the opportunity to correct any deficiencies in the form of an augmented technical report. This effort includes, but may not be limited to, the review of studies addressing the following topical issues: Task 3.1: Geologic/Geotechnical Analysis, This independent third -party review includes a review of existing technical studies including, but not necessarily limited to: (1) "Supplemental Geotechnical Investigation and Preliminary Grading Study Review, South Pointe Residential Development, Diamond Bar, California" (Harrington Geotechnical Engineering, Inc., September 29, 2004); (2) "Summary of Available Geotechnical Information and Evaluation of Geotechnical Constraints, Walnut Valley Unified School District, South Pointe Properties West, Diamond Bar, California" (Vincente Geotechnical Services, January 2004); (3) "Evaluation of Geotechnical Constraints, South Pointe Parcels, Diamond Bar, California" (Bing Yen & Associates, August 20, 2002); (4) a pending project -specific geologic, geotechnical, seismic analysis; and (5) such other studies as may be identified by the City and/or the Applicant addressing this topical issue. This feasibility -level geotechnical review will include an assessment of geology, seismicity, and soil engineering constraints that may impact the development of the site. Under this effort, GENTERRA (acting in coordination with the City Engineer and the Applicant's geotechnical engineer and/or engineering geologist) will undertake a technical review of available geptechnical reports and maps pertinent to the site. A geotechnical evaluation of compiled data will be conducted in light of the proposed development. This review will examine: (1) the general February 2005 Page 16 S h Pointe West Project City of i]iamond Bar, California geologic setting; (2) seismic issues; (3) landslides and remediation activities; (4) soil concerns, (4) groundwater and subsidence; and (5) other geologic features identified on or adjacent to the project site Because the project may involve a school site (Academy Site), if applicable, the project will be examined both in the context of Uniform Building Code (UBC) and Field Act (Section 17281 et seq. of the California Education Code) requirements. 0 Task 3.2: Hydrologic Analysis This independent third -party review will include, but is not limited to, information contained in: (1) "SUSMP & Drainage Concept Study, South Pointe West" ; (PENCO Engineering, Inc., January 2404); (2) "Master Plan Hydrology Study, South Pointe Master Plan" (Church Engineering, Inc„ November 1992); (3) a pending project -specific hydrologic analysis; and (4) such other studies as may be identified by the City and/or the Applicant addressing this topical issue. This review will be performed by GENTERRA (acting in coordination with the City Engineer and the Applicant's civil engineer) and focus on: (1) analysis of existing conditions; (2) interpretation of how the project impacts water quantity to determine increased flows, impacts on storm drain systems, and impacts upon and sizing of existing on-site and near -site drainage facilities; and (3) evaluation of any recommended mitigation measures or conditions of project approval that have been identified to reduce project -related impact associated with increases in off-site discharge. In conducting this review, the following surface water issues will be addressed: (1) drainage patterns; (2) absorption rates; (3) storm water runoff; (4) flooding Environmental Impact Sciences Ethics, Integrity, and Service hazards, (5) wetlands; (6) ground water; and (7) erosion and sedimentation; and (8) changes in the amount of water in any body of water. Conceptual plans will be reviewed both in the context of pre- and post - development conditions. Preliminary calculations (by others) will be examined to evaluate drainage flows. 0 Task 3.3: Biological Resource/V1letlands Analysis_ This independent third -party review will include, but is not limited to, information contained in: (1) "Biological Constraints Analysis" (PCR, May 13, 2004); (2) "Results of Biological and Regulatory Constraints Analysis Conducted for the Patel Property, a 6.7 Acre Collection of Three Parcels Located in the Walnut/Diamond Bar Area, Los Angeles County, California" (Glenn Lukos Associates, June 15, 2004); (3) updated project -specific biological and jurisdictional studies; and (4) such other studies as may be identified by the City and/or the Applicant addressing this topical issue. This review will be performed by TLC (acting in coordination with EIS and the Applicant's biologists and resource specialists) and will ascertain whether existing studies adequately and accuratefy characterize the project site and any biological resources located on and adjacent thereto, including whether existing field surveys were undertaken during optimal time periods, whether the reports' conclusions can be independently verified, whether further field investigations are warranted, whether both direct and indirect impacts on sensitive species have been adequately examined, whether the recommended mitigation measures serve to eliminate or minimize potential effects, and whether additional mitigation measures are deemed warranted. 0 Task 3.4: Specific/Master Plan Review (Optional) Under this optional task, EIS will- review the Applicant_ February 2005 Page 17 South Pointe West Project City of Dwnurnif knr. Calilorma submitted piaster pian or c;pim-A[c pl,m In wvir!w that documenl's adequacy with recpafds icy City r�nri Stain stalutory obligations_ In addihnn; the-lwt:ihr iir;�,lrr pian will be examined in ih{, cofilexi of the p wvlmis "Soulh Pointe Master Plan" m order In rdr lltNfy ,pry substantive differences belwor,n Illnse dnctimews Ind in the context of the proposed dr�velopfiwnt npp h(-;3tinn to determine compliance and consistency MAJOR TASK 4.0: ADDITIONAL ANALYSES In order to ensure continuity between documents, the range of environmental issues to be examined in this CEQA analysis should, except where noted, be inclusive of those issues that were examined in the FEIR. The issues that appear to be adequately addressed in the FEIR and which would not benefit from reconsidera(ion in lh;s EIR include: (1) cultural resources, including both archeology and paleontology; and (2) solid waste, since, in 2002, 5311% of the municipal solid waste collected in the City was recycled. The Initial Study will present the City's rational for not presenting any further analysis of those topical issues in the upcoming EiR. In order to prepare a defensible document and to provide a supportable basis for the Lead Agency's preliminary determinations, in addition to those technical studies that are being separately prepared by others, a number of additional focused technical analyses will be performed by EIS. Unless otherwise directed, it is not EIS' intend to include the following analyses as "stand alone" reports but will incorporate the information generated through these studies directly into the text of the EIR. Task 4.1: Traffic and Circulation. WPA (acting in coordination with the City's Traffic Engineer) will prepare an independent traffic study conducted to assess both construction -term and operational traffic impacts. As part of this task assignment, WPA will Environmental Impact Sciences Ethics, Integrity, and Service conduct a third -party review of: (1) the "Traffic Study Report, Mixed -Use Project West of Brea Canyon Road" (Linscotl, Law & Greenspan, Engineers, June 1992); (2) the traffic analysis contained in the "Final Environmental Impact Report for the City of Diamond Bar General Plan" and "Master Environmental Assessment City of Diamond Bar"; and (3) such other relevant traffic studies as may be identified by the City. Subtask 4.1.1: Data Collection WPA will assemble all available data pertinent to this study, including development plans, prior studies, planned circulation improvements, and similar information. Contact will be made with the City's Traffic Engineer to obtain data and to identify specific areas of concern. Based on City staff input, it is anticipated that AM/PM peak -hour traffic counts will be conducted at Iwo (2) intersections for the tract map and seven (7) intersections for the remaining areas. Subtask 4.1.2: Trip Generation and Assignment. Estimates will be made of daily and peak -hour trips to be generated by the proposed project. These estimates would be based on land use data and applicable trip generation factors. A geographic trip distribution pattern would be developed for the site. This distribution pattern would be based on the prior studies and regional land uses and circulation system data. Estimated project traffic will be assigned to the street system in conformance with the distribution pattern. Subtask 4.1.3: Traffic Analysis. The information developed under Subtask 4.1.2_ will be combined with existing and other area traffic volumes to simulate post -project conditions. Volume/Capacity (V1C) comparisons will be utilized to evaluate the Fet}nrary 2005 Page 18 S h Pointe West Project City of Diamond Bar, cniforno ability of the street system to accommodale future traffic needs. Site access aril on-site circulation will also be addressed, as needed_ Any potential problem areas will be identified mid wiligntinn measures recommended, as required Subtask 4.1.4: Report Preparation. A "stand- alone" report will be prepared summarizing WPA's findings and recommendations. The repoi t will contain the required supportive data and be suitable for submittal to the City and inclusion in the project's CEQA documentation. Task 4.2. Air Quality. Since the South Coast Air Basin is considered non -attainment for a number of criteria pollutants, the South Coast Air Quality Management District (SCAOMD) has established a relatively low set of threshold standards as the environmental basis for determining the "significance" of proposed development activities. In order to determine whether the proposed project meets or exceeds those standards, an air quality assessment of construction -term and operational air quality impacts will be performed. Based on the site's proximity to existing residential and institutional (South Pointe Middle School) land use, a diesel particulate (diesel PM) health risk analysis will be conducted to determine whether construction -related emissions produce possible health risks affecting existing residential and in -school receptors. If any commercial or industrial uses exist or are "proposed within one-quarter mile of a South Pointe Middle School or Academy Site, an additional health risk analysis would also be required. Since no such uses now exist in the general project area, that additional health risk assessment has not been included as part of this scope of services. Environmental Impact Sciences Fthics, Inlebrity, and Service Task 4.3: Noise. In order to evaluate project -related impacts, the existing noise environmental will be quantified based on field measurements conducted both upon and proximal to the project site. During field investigations, sensitive receptors located near the project site will be identified and current on-site and off- site noise levels determined at those receptor locations. Based on equipment utilization assumptions and the projected construction schedule (to be provided by the Applicant), noise levels during construction will be quantified. In addition, operational noise levels, including those associated with park and playground noise, will be quantified. Emphasis will be placed on the identification of impacts upon those sensitive receptors located in proximity to the project. Traffic -related noise impacts will be quantified using the Federal Highway Administration (FHWA) Traffic Noise Prediction Model (CALVENO Version), calibrated with measured noise levels and simultaneous traffic counts. CNEL noise levels will be modeled based on existing and project -related traffic volumes, and projected future (horizon) year traffic conditions. Noise impacts will be examined relative to those standards presented in the General Plan, the City's Noise Ordinance, and, if determined to be applicable, American National Standards Institute (ANSI) acoustical requirements. Task 4.4: Land Use. As indicated in the General Plan, (he project site is located in "Planning Area 4" and requires that the "most sensitive portion" of the site be "retained in permanent open space" and that the City "accommodate the development of Larkstone Park." The General Plan further requires that a "master plan" Fehruary 2005 Pane 19 South Pointe West Project City of Diamond Bar, California or specific plan be developed in order to guide the development of future land uses. The project site is zoned "Ri-15000" and has existing recorded tract map and deed restrictions that limit authorized development to only one dwelling unit per parcel. As required tinder Section 66473 5 of the California Government Code (CGC), no local agency shall approve a tentative map or a parcel map for which a tentative map was not required unless the legislative body finds that the proposed subdivision, together with the provisions for its design and improvement, is consistent with the general plan. As a result, the project's CEQA analysis will need to include a General Plan and Zoning Ordinance consistency anaiysis. As part of this assessment, EIS will also examine the project in the context of adopted regional plans and the City's "Regional Housing Needs Assessment. - Task 4.5: Visual Quality. Since the FEIR concluded that landform alterations constituted a significant, unavoidable, adverse impact associated with the "South Pointe Master Plan" project, the City has previously stated that the visual Impacts of project development, as associated with landform alterations, may elevate to a level of significance. While acknowledging that substantial changes have occurred to a physical character of the project area as a result of the development of Diamond Crest and remedial grading activities associated with the on-site landslide, based on the findings of the FEIR and the anticipated loss of additional on-site oak trees, a visual quality analysis should be undertaken. All proposed improvements will be identified and, if available (from others), architectural rendering or elevations included and described. Cross-sections (by Environmental Impact Sciences Ethics, integrity, and Service others) depicting both existing topography and proposed on-site topographic changes will be reviewed and evaluated. Photographic exhibits will be developed illustrating existing site conditions as observed from a number of key on-site, near -site, and distant view points Landform and associated changes will be described and depicted. Long-term changes will be identified, described, and graphically represented utilizing visual simulations (by others). Issues of light, spill -light, and glare associated with the introduction of any sports lighting at the proposed park site and South Pointe Middle School will be examined. Although no photometric analysis can be performed in the absence of detailed specifications concerning the placement, height, intensity, and shielding of the proposed sports lighting, based on information from other sports lighting projects, a lighting study will be prepared and used as a basis for assessing impacts and defining lighting specifications. Task 4.6: Public Services and Facilities. The following public services and facilities will be examined: Subtask 4.6.1: Educational Facilities. The WVUSD and the Pomona Unified School District (PUSD) currently collect school facility fees for new residential development, as authorized under Sections 53080 and 65995 of the CGC. As required under Section 53080 therein, school districts are required to conduct formal studies to determine the impact of development on the cost of providing school facilities within their districts. These studies are required to provide justification for the current development -based square footage rates imposed on residential and non-residential development. Both the WYUSD and the PUSD indicate that all of I (Jnwiry 2005 Parte 20 S, ch Pointe West Project City of Dmincii I Bair. California their facilities are overcrowded and may not be able to accommodate future growth. Based on student generation rates developed by and subsequent consullation with representatives of the WVUSD and PUSD, student generation projections will be determined, impacted schools will be identified, and project -related and cumulative impacts on those facilities examined. The Applicant's development fees will be estimated and evaluated in the context of the WVUSD's and PUSD's anticipated cost per student_ The State Office of Public School Construction (OPSC) implements the School Facility' Program and oversees school buildings at the State level. The California Department of Education (CDF) must approve the location of all proposed school facilities The Division of the State Architect (DSA) provides building design and construction oversight for K-12 schools and community colleges In the absent of final development plans for the Academy Site, it may not be possible to develop project -level CEQA clearance for any new school facilities that may be proposed by the WVUSD on that property. Inclusion of that site and conceptual plans for new school construction, however, may serve to advance the subsequent development of those facilities. As such, the project will be examined in the context of design and development criteria established by the CDE's "School Site Selection and Approval Guide" (School Facilities Planning Division, 2000). site's joint use (with the WVUSD) and the expanded joint use of the South Pointe Middle School (as associated with proposed sports light improvernents) will be examined in the context of the City's subdivision standards, the City's "Parks Master Plan," and the "Sports Complex Task Force Final Report." Although the precise nature of the proposed park improvements are not know, it is assumed that the conceptual park design (by others) will include active recreational areas. Subtask 4.6.3: Police and Fire Protection. The City contracts with the Los Angeles County Sheriff's Department (LACSD) and Los Angeles County Fire Department (LACFD) for law enforcement and fire/paramedic services, respectively. As indicated in the WVUSD's Bid Package, "an intensive land use option or the development of residential housing" may require LACSD staffing levels to be increased if the service ratio falls below 0.5 officers per 1,000 residents_ The Bid Package further indicates that the City "faces a significant threat from wildfires due to the surrounding topography." That statement is supported by the site's designation as a "Very High Fire Hazard Severity Zones" (VHFHSZ) or "Fire Zone 4 " The CEQA documentation will, therefore, include an analysis of impacts upon existing LACSD and LACFD services and facilities, assessment of emergency response times, and compliance with applicable design standards and requirements. + MAJOR TASK 5.0: SCREENCHECK DRAFT EIR This ♦ Subtask 4.6.2: Parks and Recreation. Because major task encompasses all efforts required to prepare the the project includes a park component (Larkstone "Screencheck Draft Supplemental Environmental Impact Park), the proposed recreational use, the project's Report" (SDSEIR), including acceptance by the City for Quimby Act requirements, and the potential for the publication and circulation. The SDSEIR will he developed Environmental Impact Sciences `T I0minry 2{105 Ethics, Inlegrity, and Service hage 21 South Pointe West Project City of Diamond Bar, Calilorno for the purpose of satisfying hoth Slate- mandaled -wd City - imposed environmental disclosure ohligations mid will include each of the mandatory elements identified in CEQA and the State CEQA Guidelines Task 5.1: Screencheck Draft EIR III(! subtnsks presented below closely correspond to what FIS currently envisions to be the presentation format for the project's environmental documentation. Subtask 5.1.1: Introduction An introductory section will be provided containing (1) a discussion of the purpose for producing the supplemental EIR; (2) an identification of the statutory and regulatory authority; (3) a listing of the documents incorporated by reference, including a discussion of their relevancy to the proposed project; (4) a list of project approvals, including a list of those responsible agencies that will or may be required to utilize the EIR as the environmental basis for later discretionary actions; and (5) a description of scoping activities undertaken by the City and EIS Subtask 5.1.2: Executive Summary. The executive summary will include both a brief project description and a matrix outlining all identified impacts, mitigation measures recommended to reduce or avoid those effects, and the City's preliminary conclusion concerning the level of significance of each identified impact after implementation of those measures. In addition, the summary shall identify those areas of controversy known to the Lead Agency, including issues raised by the public and commenting agencies, and issues to be resolved, including the choice among alternatives and whether or how to mitigate the project's significant environmental effects. Environmental Impact Sciences Ethics, Integrity, and Service Subtask 5.1.3: Project Description. Information developed in Task 1.4 (Final Project Description) serve as the basis for the project description. As appropriate, that information will be augmented to ensure an adequate description of the proposed residential subdivision and each of the other project components. Subtask 5.1.4: Cumulative Impacts. When evaluating the potential environmental effects of a proposed activity, the City must also examine potential cumulative impacts "when they are significant." The discussion of cumulative impacts is guided by the standards of practicality and reasonableness. When assessing cumulative effects, CEQA affords agencies the opportunity to conduct the analyses in accordance with either of the following methodologies: (1) a list of past, present, and reasonably anticipated future projects producing related or cumulative impacts; or (2) a summary of projections contained in an adopted planning document which is designed to evaluate regional or area -wide conditions. EIS will work cooperatively with City staff and WPA to ensure that all related projects have been identified. Subtask 5.1.5: Environmental Impact Analysis. Presented herein will be those topical issues identified in Major Task 3_0 (Third -Party Review) and Major Task 4.0 (Additional Technical Studies). Each of those issues will be included under a separate corresponding topical heading. Applicable information will be excerpted from each analysis and presented in the appropriate EIR format. Subtask 5.1.6: Alternatives Analysis. The SDSEIR shall include a discussion of a "reasonable February 20105 P,ige 22 S ''h Pointe West Project City of Dwmmnd liar, Cali wnirt range" of alternatives to the proposed .nchon For the purpose of this proposal, it is ossunir�d Ihnl the SDSEIR will include the evalual#on of rrp 10 three alternatives, includintl (1 i a "no propr't rrlloF11,11ivp, (2) implenienlation of the previously propnsed "South Pointe Mosler Plan',`inrl (;1) ,, thi[d alternative to be developed in consirlk&on with the City. CEQA requires that the EiR also disclose other alternatives initialiy identified by the Lead Agency but subsequently rejected, including Ilse reasons for that action. EIS will evaluate the environmental impacts associated with each alternative and provide a summary analysis of anticipated impacts for each of the topical issues examined in the SDSEIR. A matrix shall be developed presenting a comparative analysis of the corresponding impacts associated with the project and each of those alternatives Subtask 5.1.7. Growth inducement. The assessment of growth -inducing impacts will consider whether the project: (1) produces a potential for in - migration to fill employment opportunities associated with the project's construction and operation; (2) results in an increased localized demand for goods and services; (3) results in the removal of economic, physical, or political constraints; and (4) facilitates peripheral development through the expansion of services and/or utilities. Issues of population, job formation, housing, infrastructure improvements, and economic development will be considered. ♦ Subtask 5.1.8: Significant Irreversible Changes. As required under the State CEQA Guidelines, the EIR is required to identify any significant irreversible environmental changes that would be caused by the Environmental Impact Sciences Ethics, Integrity, and Service proposed project should it be implemented including, but riot necessary limited to, uses of nonrenewable resources and environmental accidents associated with the project. Subtask 5.1.9: Consultation/List of Preparers. This Subtask includes compliance with the requirements outlined in Section 15129 of the CEQA Guidelines. Subtask 5.1.10: Mitigation Monitoring Program. Based on the mitigation measures contained in the SDSEIR, EIS will prepare a draft "Mitigation Reporting and Monitoring Program" (MRMP). The MRMP shall specify: (1) the party or agency responsibility for implementation; (2) the timing for implementation, keyed to a specific event or permit obligation; and (3) the frequency, contact, and formal for reporting requirements. Should any of the recommended measures impose obligations on other responsible agencies, EIS will assist the City incorporate the views of those agencies regarding their monitoring and reporting requirements. Task 5.2: Revised Screencheck Draft EIR. Upon completion of the SDSEIR and receipt of all comments on the administrative draft from the City, EiS will: (1) undertake all necessary actions and allocate all appropriate resources as may be required to adequately address the suggestions, corrections, and technical revisions to the SDSEIR as may be raised by those comments; and (2) submit a revised SDSEIR to the Lead Agency for its second -round review. Should new technical issues arise that have neither been previously identified nor considered in this proposal or should further analysis be required beyond February 2005 r':tyn 23 South Pointe West Project City of Diamond Bir, CHIilornln the specific limits of this scope of services, EIS reserves the right to revise this scope of services and attendant costs to reflect that additional work effort MAJOR TASK 6.0: DRAFT EIR Upon acceptancp by the City, the SDSEIR will become the "Drafl Supplemental Environmental Impact Report' iDSEIR) that will be disseminated for public and agency review. Task 6.1: Notice of Completion/Availability Upon completion of the DSEIR, the Lead Agency is obligated to prepare a "Notice of Completion" (NOC) and file that notice with the State Clearinghouse. As required, the NOC shall include a brief description of the project, its location, an address where copies of the DSEIR can be reviewed, and a statement of the period during which comments will be received EIS will prepare the draft NOC and transmit that document to the City for their execution. In addition, the City is required to make diligent efforts to involve the public and affected agencies in the preparation of the environmental analysis. EIS will work cooperatively with City staff in the preparation and publication of a "Notice of Availability" (NOA) in a newspaper of general circulation (by others). Task 6.2: Document Dissemination/Posting. Copies of the DSEIR and NOC will be disseminated in the manner required under CEQA, including transmittal to the State Clearinghouse and to all responsible and trustee agencies identified by the City. Copies of the NOC will be transmitted to those parties included on the mailing list and shall be posting with the County Clerk. Task 6.3: Draft EIR Staff Report (Optional). EIS will work with City staff to prepare a detailed staff report concerning the DSEIR and, if required, other Environmental Impact Sciences Ethics, Integrity, and Service presentation material for the Planning Commission and City Council, • MAJOR TASK 7.0: RESPONSE TO COMMENTS. The following tasks include those activities associated with the preparation and processing of the "Final Supplemental Environmental Impact Report" (FSEIR). Since the number and substance of comments may vary greatly from project to project, it is not possible to accurately predict the precise nature or number of comments that may be submitted following the dissemination of the DSEIR. As a result, for budgetary purposes, EIS has assumed only a minimal work effort and has assigned only a limited number of labor hours to the performance of this major task. Should a greater number of comments be received or should a greater number of labor hours be required, EIS will notify the City and, upon receipt of all written comments on the DSEIR, will provide a revised budget for the preparation of written responses. Task 7.1: Screencheck Response to Comments. This task includes the preparation of the administrative draft "Responses to Comments" (SRTC) based on written comments received during the noticed comment period on the DSEIR. The SRTC will include: (1) a written response to all comments; (2) an introduction describing the document's contents, statutory authority, and relationship to the DSEIR; and (3) copies of any additional studies that the City elects to enter into the project's administrative record. Should new technical issues arise that have neither been previously identified nor considered in this proposal or should further analysis be required beyond the specific limits of this scope of services, EIS reserves the right to revise this scope of services and attendant costs to reflect that additional work effort. I e.hruary 2.005 f'�qr� 2h Se i Pointe West Project City Jivnond Bar, Caliloriio Task 7.2: Revised Response to Co1TlrTlents. Upon receipt of all comments on the SRI C from the City, EIS will, (1) undertake all necessary actions and allor.3te all appropriate resources, within the lmiital�ons of this proposal, as may be required to adr'quatr ly address the suggestions, corrections, and lechnical revisions to the SRTC raised by those conmients; and (2) submit a revised SRTC to the Lead Agency for its second -round review. Upon acceptance of the SRTC by the City, that document shall constitute the "Response to Comments" (RTC) for the project which, together with the DSEIR, constitute the draft FSEIR. ♦ MAJOR TASK 8.0: FINAL EIR. The following tasks comprise those activities associated with the dissemination and consideration of the FSEIR Task 8.1: Ten -Day Notice The Lead Agency is required to provide all public agencies submitting comments on the DSEIR with a minimum 10 -day period to review the City's draft response to those comments prior to taking any action on the FSEIR. Under this task, EIS will disseminate copies of the RTC, or portions thereof, to those agencies required to receive notice. Task 8.2: Findings/Overriding Considerations. EIS will prepare, for counsel review, both the "Screencheck Findings of Fact" (SFOF) and, if required, the "Sceencheck Statement of Overriding Considerations" (SSOQ). Upon receipt, the City's legal counsel or others shall finalize both documents for presentation to the City Council. 0 Task 8.3: Notice of Determination. Upon certification of the FSEIR, the Lead Agency is required to prepare a "Notice of Determination" (NOD). Should the City Council elect to approve or conditionally approve the Environmental Impact Sciences Ethics, integrity, and Service proposed project, EIS will prepare a draft NOD for execution by City staff. Task 8,4: Notice of De Minimus Impact. If the FEIR concludes that the proposed project will not substantially impact any on-site or .near -site biological resources, the City is authorized to prepare a "Notice of De Minimus Impact" (NODI), exempting the project from the payment of California Department of Fish and Game (CDFG) fees. If eligible, EIS will prepare a NODI stating the reasons for the project's fee exemption and forward that notice to the City for their execution. Task 8.5: Document Dissemination/Posting. Copies of all requisite notices will be filed with the State Clearinghouse, transmitted to such other parties as may be required to receive notice, and posted in the office of the County Clerk. Upon filing of the NOD, unless otherwise exempt (NODI), the City is required to pay a filing fee with the County Clerk and pay applicable CDFG fees. EIS will notify the Lead Agency of its CDFG fee obligations and work with the Applicant and with City staff to ensure prompt payment (by others) associated with the filing of the NOD. 0 Task 8.6: Final EIR Staff Report (Optional). EIS will work with City staff to prepare a detailed staff report concerning the FSEIR and, if required, other presentation material for the Planning Commission and City Council. MAJOR TASK 9.0: DIRECT COSTS. This major task includes all direct costs associated with the completion of this work assignment including, but not limited to, mileage, reprographics, and postage. For the purpose of this proposal, it is assumed that EIS will prepare, produce, and photocopy the following documents: (1) February 2005 Pago 25 South Pointe West Project City of Diamond Bar, Caliloniia Draft Initial Study - 3 copies; (2) Final Initial Study - 25 copies; (3) SDSEIR - 3 copies; (4) Revised SDSEIR - 1 copies; (5) DSEIR - 25 copies; (6) SRTC - 3 copies; (7) Revised SRTC - 1 copies; (8) RTC - 25 copies; and (9) SFOF/SSOQ - 3 copies EIS will provide the City with a single electronic version (pdf format) of the DSEIR and RTC. Since the precise size, content, and format of each of the above documents cannot be known with certainty, should EIS' direct costs for document production exceed the assigned budget or should additional documents be requested beyond the number indicated, EIS shall be authorized to process a change order for any costs in excess of those budgeted. ♦ MAJOR TASK 10.0: IMPLEMENTATION (optional). Since the full extent of any monitoring obligations cannot be entirely known pending completion of the CEQA process, it is not possible to accurately specify the nature of any implementation actions that may be subsequently adopted the City. Following the development of the MRMP, appropriate monitoring actions can proceed in accordance with that adopted framework_ Implementation may necessitate some form of on-site monitoring, tracking of progress, and agency sign -offs for certain activities. 5.0 SUPPLEMENTAL EIR SCHEDULE EIS is committed to the expeditious completion of the CEQA process and will allocate all necessary resources as may be required to complete the environmental documentation within the shortest possible time frame. The SDSEIR will, therefore, be submitted for the City's review within 90 days of project commencement, subject to receipt of those technical studies provided by the Applicant or by the Applicant's consultants. EIS recommends that the EIR not be publicly released until the updated general biological and focused, species-specific Environmental Impact Sciences Ethics, Integrity, and Service surveys have been completed. Protocol requirements for the CAGN specify that a minimum of six surveys be conducted, at one-week increments, between March 15 and June 30. Alternately, nine surveys are required between July 1 and March 14. Delays in the Applicant's delivery of biological surveys to the City will result in delays in the release of the EIR. EIS will effectively manage all work elements within its area of control. Much of the CEQA process is, however, defined by either statutory or internal agency review. Agency review is critical to ensuring that the EIR reflects the independent judgment of the City. The time period required for that review is, however, outside EIS' control. 6.0 SUPPLEMENTAL EIR COST PROPOSAL Presented in Table 1 (Supplemental EIR Cost Proposal) is an itemized not -to -exceed cost estimate for those major tasks, tasks, and subtasks outlined above. EIS reserves the right to internally adjust individual line item budgets, limited only to the provision that the total project cost not be exceeded except through expressed authorization by the City. Should the City elect to delete or modify any of the project components comprising this technical analysis, to the extent that the deleted or modified work is a precursor of other activities or critical to the completion of this work assignment, EIS reserves the right to submit a revised cost proposal and process associated change orders to reflect those changes. The City shall not unreasonably withhold or delay processing of any change order request for work authorized by the City for those services not explicitly identified herein. All authorized project -related costs will be invoiced in accordance with the rates and terms specified in EIS' standard rate schedule, included in Attachment A (Statement of Qualifications) herein. February 2005 Page 26 Sc `i Pointe West Project City _ Jiarnond Bar, California Table 1 SUPPLEMENTAL EIR COST PROPOSAL ♦ Major Task 1.0: Project Desciplion 0 Task 1 1: Document Review $ (m 0 Task 1.2: Kick -Off Meeting 520 0 Task 1.3: Draft Project Description 1.040 0 Task 1.4: Final Project Description 520 Subtask 5 1.3: Project Description SUhlotal_ 2,730 ♦ Major Task 2.0: Scoping Activities 520 0 Task 2.1: Meetings with City Staff 1,560 0 Task 2.2: Distribution List 520 0 Task 2.3: Informal Consultation 1,040 0 Task 2.4: Initial Study and Notice of Preparation 780 ♦ ♦ Subtask 2.4.1: Draft Initial Study 3,120 ♦ ♦ Subtask 2.4.2: Final Initial Study 780 0 Task ♦ Subtask 2.4.3: Document DisserinationlPosting 1,170 0 Task 2.5: Public Hearings 4 680 Subtotal: 12,870 ♦ Major Task 3.0: Third -Party Review 0 Task 3.1: Geologic/Geotechnical Analysis* 6,000 0 Task 3.2: Hydrologic Analysis* 5,000 0 Task 3.3: Biological Resources/Wetlands Analysis 4,000 0 Task 3:4: Specific/Master Plan Review Not Bid Subtotal: 15,000 ♦ Major Task 4.0: Additional Analysis 0 Task 4.1: Traffic and Circulation 14,800 0 Task 4.2: Air Quality 3,250 0 Task 4.3: Noise 3,250 0 Task 4.4: Land Use 3,120 0 Task 4.5. Visual Quality* 3,120 0 Task 4.6: Public Services and Facilities ♦ Subtask 4.6.1: Educational Facilities 2,600 ♦ Subtask 4 6.2: Parks and Recreation 1,560 ♦ Subtask 4.6.3: Police and Fire Protection 1.560 Subtotal: 33,260 Environmental Impact Sciences Ethics, Integrity, and Service ♦ Major Task 5 0 Screencheck Draft EIR Task 8.1: Ten -Day Notice 0 Task 5.1: Screencheck Draft EIR Task 8.2: Findings/Overriding Considerations ♦ Subtask 5.1.1: Introduction 1,040 • Subtask 5.1.2: Executive Sumrnary 1,040 ♦ Subtask 5 1.3: Project Description 520 4 Subtask 5 IA: Cumulative Impacts 520 • Subtask 5.1.5: Environmental Impact Analysis 8,320 ♦ Subtask 5.1.6: Alternatives Analysis 2,080 Subtask 5.1.7: Growth Inducement 1,040 ♦ Subtask 5.1.8: Significant Irreversible Changes 780 ♦ Subtask 5.1.9: Consultation/List of Preparers 260 ♦ Subtask 5.1.10: Mitigation Monitoring Program 390 0 Task 5.2: Revised Screencheck Draft EIR 3,120 Subtotal: 19,110 ♦ Major Task 6.0: Draft EIR 0 Task 6.1: Notice of Completion/Availability 520 0 Task 6.2: Document DisseminationlPostirig 1,170 0 Task 6.3: Draft EIR Staff Report Not Bid Subtotal: 1,690 ♦ Major Task 7.0: Response to Comments 0 Task 7.1: Screencheck Response to Comments 2,080 0 Task 7.2: Revised Response to Comments 520 Subtotal: 2,600 ♦ Major Task B.O.- Final EIR 0 Task 8.1: Ten -Day Notice 780 0 Task 8.2: Findings/Overriding Considerations 2,675 0 Task 8.3: Notice of Determination 260 0 Task 8.4: Notice of De Minimus Impact 260 0 Task 8.5: Document Dissemination/Posting 1,170 0 Task 8.6 Final EIR Staff Report Not Bid Subtotal: 5,145 ♦ Major Task 9.0: Direct Costs __7500 Subtotal, 7,500 ♦ Major Task 10.0: Implementation Not Bid Total Cost: $99,905 *Total Cost Deleting Tasks 3.1, 3.2, and 4.5: $85,785 February 2005 Pagn 27 S _h Pointe West Project Ciiy o1 Diilin end 13ar, Cttfifornin Attachment A Statement of Qualifications Environmental Impact Sciences -- - . Ethics, integrity, and Service i Oirwiiy 7r)r7 South Pointe West Project City of Diamond R;if, C Mornia ENVIRONMENTAL IMPACT SCIENCES Attn: Peter Lewandowski, AICP 26051 Via Concha Mission Viejo. California q2691 949 837.1195 949 837 3935 FAX envimrmlent(f)cox i10 Environmental Impact Sciences (EIS) is ar1 plammrig rind environmental, consulting firm with extensive experience in preparing and processing legally defensible compliance documents for public and for private -sector projects (hroughoul southern California EIS brings to the City of Diamond Bar extensive experience in preparing environmental and planning -related docudienls for a broad range of public and private -sector projects, including major planning studies (general and specific plans), development and redevelopment activities, hotel and resort projects, commercial and industrial centers, energy genmotion and transmission facilities, water, sewer, and solid waste facilities, and other capital improvement programs. Many of our assignments ace prepared in strict compliance with the requirements of the California Environmental Quality Act (CEQA), the National Environmental Policy Act (NEPA), and the Federal Endangered Species Acts. Environmental consulting services include: • CEQAINEPA Documentation • Focused Technical Studies • Specific Plan Preparation • Mitigation Reporting and Monitoring • Environmental Opportunities and Constraints Analysis • Permit Processing and Regulatory Compliance • Third -Party Peer Reviews • Project Management Environmental Impact Sciences Ethics, integrity, and Service All work is conducted under the direct management of the firm's Principal While seeking econoanies relative to the use of support staff, (his management oversight produces the highest professional standards in the industry and results in the production of high-quality environmental documents. Since Slate and Federal regulatory requirements are becoming more detailed, individual projects are subject to a greater level of governmental scrutiny Similarly, the public is becoming more sophisticated relative to potential CEQAINEPA challenges and each new project must be conducted in a fashion to ensure defense against possible litigation raised by project opponents. Delegating management responsibilities to junior staff allows other firms to accept a greater workload but generally does not best serve the client's interests relative to goals attainment and project advancement. With nearly thirty years of experience in the planning, Prititlement, and environmental fields, the firm's Principal (Peter Lewandowski, AICP) has a proven track record in srrccessfully processing large-scale projects. Based on the specific needs of each project and building upon our core personnel, EIS augments its project team to include a diversity of registered traffic and civil engineers, geologists and hydrologists, biologists and arborists, archaeologists and paleontologists, resource specialists, registered environmental assessors, and other professionals with the experience to solve those problems that impede the attainment of our clients' goals and objectives. EIS was founded on the principle of providing enhanced customer service to our clients. EIS strives to provide each project with the personal attention the client deserves and with the senior -level management oversight required to ensure the greatest level of client support and attention and the highest quality of professional representation. rehruary 2005 PrIcIc A 1 ith Pointe West Project - of Diamond fear, Caihkmiia ENVIRONMENTAL COMPLIANCE EIS works in close cooperation with local agency planning staffs, resource agency personnel, builders' represr=nlalives, and with legal counsel to create high-quality environmental and planning documents that fulfill legal requirenlenls and provide local decisionmakers with an informed basis for sound actioil. in addition to the need to prepare environmental documents that can successful withstand legal challenge and peer review, the successful completion of the environmental and planning processes is dependent upon strict compliance with specific noticing and related disclosure and outreach requirements. An agency's failure to fully comply with those obligations can result in both successful litigation, predicate the need for the recirculation of environmental documents, require the provision of new notices, and necessitate the recommencement of the public hearing process. EIS recognizes that since procedural defects can often derail the environmental process, compliance with all regulatory and statutory requirements is as important as the quality of the documents themselves. EIS' Principal is broadly recognized in the environmental community as a CEQA/NEPA expert and is often called upon by public agencies and by legal counsel to provide technical assistance in assessing the adequacy of environmental documents and in challenging the adequacy of those documents in support of environmental litigation. ENVIRONMENTAL CAPABILITIES EIS provides its clients with a wide variety of services, including the preparation of focused and comprehensive environmental documents, the performance of third -party technical reviews of material prepared by other consulting firms, the preparation of technical studies addressing a wide range of scientific Environmental Impact Sciences Ethics, Integrity, and Service disciplines, and the preparation and implementation of mitigation reporting and monitoring plans. CEQA/NEPA Documentation All environmental documentation undertaken in furtherance of public or private -sector activities are prepared in full compliance with the provisions of the CEQA and NEPA, State and Federal guidelines, other statutory and regulatory requirements, and applicable agency guidelines and standards. EIS has extensive experience preparing and processing CEQA documents throughout the San Gabriel Valley. Recent specific or master plan projects conducted in the San Gabriel Valley have included: (1) Walnut Hills Master Plan (Walnut); (2) Covina Town Center Specific Plan (Covina); and (3) Mountain Cove Master Plan (Azusa). in addition, EIS' Principal has extensive experience preparing CEQA documents and providing environmental consulting services in and for the City of Diamond Bar, including: (1) Diamond Bar Village (Diamond Bar); (2) South Pointe Master PlanNesting Tentative Tract Map No. 32400 and 52203 (Diamond Bar); (3) South Pointe Middle School (Walnut Valley Unified School District); (4) Tentative Tract Map No. 51253 (Diamond Bar); (5) Industry East, The Plantation, and Wohl Property Group Industrial Projects (Industry); (6) Lanterman Hospital Improvement Project (Diamond Bar); and (7) Jewel Ridge Estates/Vesting Tentative Tract Map No. 54081 (Diamond Bar). The firm's Principal (Peter Lewandowski, AICP) was awarded a Diamond Bar Commemorative Tile by the Diamond Bar City Council for work on the Industry Materials Recovery Facility. Mr. Lewandowski has and continues to serve as the City's on- call consultant. Fnhruary 2005 ParIn A 2 South Pointe West Project City of Diamond Bar, Califowi�i Other recent projects have included: (1) master planned developments (Lytle Creek North Master Plan); (2) market -rate (Puente Romano) and senior housing (Seasons Housing); (3) a free -trade center (Pacific Place North); (5) big -box retail projects (IKEA, Lowe's); (6) a multi -modal transit hub (Covina Transit Center) and park-and-ride facility (Thousand Oaks Community Transit Center); (7) park inlprovennent projects (Sierra Vista and Verdugo), (8) community facilities districts (Wildomar CFD); and (9) energy generation and transmission projects (TENS Interconnect, Bear Valley Power Plant) Focused Technical Analysis In addition to those focused studies typically associated with CEQA compliance activities, EIS is often called on=to conduct focused technical studies relative to the resolution of specific environmental issues, to document existing baseline conditions, or to assess the opportunities and constraints affecting a site's development as a precursor to a site's acquisition or formulation of detailed development plans. Recent studies have included examination of public transit ridership patterns (City of Thousand Oaks) and establishment of lighting standards for a number of park facilities (Cities of La Habra and Glendale). Third -Party Peer Reviews EIS is often called upon to conduct detailed technical reviews of documents prepared by other consulting firms. Third -party reviews are conducted to assist public agencies to demonstrate their independent judgment relative to information submitted by project proponents, to identify and correct potential deficiencies with those documents, to supplement the work performed by other consultants, and to support legal challenges to environmental compliance activities. Environmental Impact Sciences Ethics, Integdly, and Service Recent studies have included' (1) the annexation of a 1,145 - acre site in Sari Bernardino County (LAFCO No, 2839); (2) a 2,500 -unit housing project in Los Angeles County (Rosedale Specific Plan); (3) a proposed international airport (United States Marine Corps, EI Toro); (4) a closure and post -closure plan for a Class Il/ill landfill (BKK Landfill); (5) a freeway widening project (SR -22 Freeway); (6) a military base consolidation project (Los Angeles Air Force Base, EI Segundo) for a major industrial client (Northrop Grumman); and (6) general plan amendment adjacent to a government- owned, contractor -operated facility (Air Force Plant 42). Environmental Analyses EIS provides a broad array of technical studies and associated support services focusing on defining existing site conditions, identifying opportunities/constraints that may influence a site's eventual development, .and examining specific aspects of the project's subsequent operation. These activities include, but are not limited to: Acoustical Analysis Based on information obtained through field surveys and traffic studies, impacts can be modeled using the FHWA Highway Traffic Noise Prediction Model. Noise monitoring is conducted using a Quest Technologies Model 2900 Type 2 integrating/ Logging Sound Level Meter meeting the American National Standards Institute's and International Electrotechnical Commission's standards for Type 2 sound level meters. Recent stand-alone acoustical studies have included (1) big - box retail centers (Lowes); (2) solid waste transfer stations (Azusa Waste Transfer Station); (3) public water systems (Machado Groundwater Wells); (4) park improvement projects (Verdugo Park, Sierra Vista Park); (5) improvements to major February 2005 r'at'e A-3 'Ith Pointe West Project A Diarliond 13E31. Ca1ilo1n1r3 public facilities (Glendale Civic Auditorium). ,w(l (r;) school expansion projects (Palisades High School) Air Quality Air quality evaluations are conducted for llie lurrpnse of determining baseline conditions, (Inanfifynq prolect injpacts, and evaluating the net change in emission levels resulting tions the project's construction and operation These activities typically consist of the characterization of the projeel setting, quantification of construction and operafional emissions, and identification of appropriate mitigation measures. Recent air quality studies and/or health risk assessments have included: (1) street improvement projects (Ramona Avenue Grade Crossing); (2) industrial parks (Dana Point); (3) school expansion projects (Salem Church); (4) big -box retail projects (IKEA, Lowe's); (5) major transit centers (Covina Transit Center); (6) federally assisted housing projects (Compton Senior Housing); (7) health risk assessment (Park Place). Biological Resources EIS' consulting biologists conduct general and focused studies to identify existing biotic resources, assess terrestrial and marine ecosystems, develop mitigation strategies, formulate project alternatives, consult with State and Federal resource agencies, and prepare and process State and Federal permits. Biological assessments include field surveys to fully characterize existing resources, identify the presence of vegetation communities, and determine the presence/absence of any sensitive species, sensitive natural communities, and wildlife movement corridors. If sensitive habitat areas are identified, further surveys are conducted to evaluate quality, composition, viability, and extent. EIS has managed general biological and habitat assessments, springtime surveys, Environmental impact Sciences Ethics, Integrity, and Service focused species-specific surveys, and the delineation of lurisdiclion,11 winters for a number of public and private clients. Cultural Resources Cultural resource assessments are performed to identify the presence and assess the significance of historic, prehistoric, and paleontological resources, to demonstrate compliance with the National Historic Preservation Act, and to determine project eligibility under the National Register of Historic Places. These studies include both a records search and associated field studies performed to identify both the presence of known resources and the potential sensitivity of the project site. Impacts are then identified and mitigation developed. Surveys and evaluations constitute two separate processes for assessing the significance of archeological resources. The criteria used for assessing the importance of a prehistoric resource comprise those outlined in the determination of eligibility for the National Register of Historic Places. Recent projects have included: (1) National Register eligibility assessment (Colonel Evans Residence); (2) redevelopment activities (Pacific Place); (3) grade crossing projects (Ramona Avenue) subject to NEPA compliance and administered by the California Department of Transportation; (4) transit facilities (Covina Transit Plaza); (5) park improvement projects (Deukmejian Wilderness Park); and (6) Federal projects (Lake Elsinore Advanced Pumped Storage Project). Land Use EIS prepares specific plan documents and conducts detailed land use compatible analyses to assess the feasibility and/or document the impacts resulting from the conversion of a site from one use classification to another. This is particularly rC hrui3ry 2005 Pn.rir A-4 South Pointe West Project cily of Oirrnxnul 13a1r, C,rlif www important when uses exhihil rfiffr,rnnt chnrr V% 1(,I) n site is subjected to sspecific rnvnonmenl;ll ciei�-lrruni; this analysis can be conducted in cnncr,r( volht )i inrfot— mir,rd from a project's CEQA/NEPA dncuowi il;ihoi EIS recently prepared a specific: plstn hrr ;r �m8 1r if,. I r):,O (rnil mixed-use project (County Club rpt the Desnrl) nlcandiwl three Pete Dye designed golf courses ,-ldl scent to the 1.fi�1.1-;1r re PGA West (Country Club Properlies LLC) In-iddilion. EIS has, recently prepared CEQA docunu'nl-rtion for a numher of specific and master plans, including the 2.00 ;acre downtown revitalization project (Downtown Specific Plan, Covina) and ra 550 -acre hillside development (Walnut Hills, Walnut). Visual Resources .. EIS prepares visual resource assessment to assess project - induced changes to existing landscapes In addition, EIS prepared lighting studies assessing spill -light impacts, dark - sky, and associated aesthetic effects for both public and private -sector projects. Photometric surveys can be performed and computer -simulations presented. Studies have been performed to determine the intensity of lighting required for specific tasks, evaluate the adequacy of ambient lighting relative to the nature of proposed activities, contribute technical analysis to facility design and layout, and establish parameters and lighting levels to minimize safety risk to the site users. EIS has prepared visual resource studies for major residential projects (Mountain Cove, Walnut Hills) and lighting study for recreational facilities (Montrose and Verdugo Skateparks). RECENT ENVIRONMENTAL PROJECTS EIS has a proven track record in processing environmental documents for major planning, development, redevelopment, Environmental Impact Sciences Ethics, Integrity, and Service Fwd capital improve+Hent activities. EIS recently completed a (:r)nipiehensive FIR for �i 2,500 -unit development in San f3ern�rdino County (Lytle Creek North). Other recent projects h;rve inr'luded, but are not limited to, the following CEQA/NEPA doCulllenlahon and related technical studies: Downtown Covina Specific Plan. EIS prepared a comprehensive program -level environmental impact report (PEIR) for a major downtown revitalization project, encompassing the entire 160 -acre area of Downtown Covina. The specific plan resulted in the creation of six new zoning districts, many designed to promote mixed-use and transit -oriented development. The environmental review process resulted in the identification of downtown - wide street improvements, as required to accommodate planned and cumulative growth. To accommodate project - level downtown development, a trip budget was developed equivalent to 800 dwelling units and 490,000 square feet of non-residential use. The trip budget establishes an overall trip cap offering developers and local officials the flexibility to determine specific land uses, within the limits of that budget, thus allowing market forces to dictate how and where the trips would ultimately be utilized. Lead Agency: City of Covina Contact: Mike Marquez, Director City of Covina - Community Development Department 125 East College Street Covina, California 91723-2199 (626) 858-7231 • Walnut Hills Master Plan. EIS completed CEQA documentation (EIR) for a master -plan development, including 270 dwelling units, an 18 -hole golf course, and a 1 -million gallon reservoir, on a 550 -acre site in the City of Fehruary 2005 ith Pointe West Project L. ,at Ui;rrnwnd 13;3r, C.rlifwtim Walnut. The project was totaled on a hilly Silt- requiring Contact Jan Dabney, Project Manager major landform alterations to accommodate the propc,scd Lytle Development Company land use. In addition, the sile was located adjacent to 180 N. Riverview Drive, Suite 260 Class VIII landfills (BKK Landfill). As a te,, lt, IAS d use Anaheim Kills, California 92808 compatibility, landfill inipac ts, anti associaleri Ip- III asks (714) 283-2400 were examined. Lead Agency City of Walnut ConlacL Jeffrey C Parker, City Manager City of Walnut 355 S. Lernon Avenue, Suites G & L Walnut, California 91789-2739 (909) 595-7543 • Lytle Creek North Master Plan. EIS prepared CEQA documentation (EIR) for a 650 -acre multi -parcel Bile, physically divided by the 1-15 Freeway, authorizing the construction of approximately 2,500 dwelling units, 680,000 square feel of mixed coniniercial and light industrial use, and a new 5 -million wastewater treatment plant on an environmental complex site located near the community of Devore in unincorporated Sari Bernardino County. Development constraints included a designated flood hazard area (Lytle Creek), requiring construction of major flood control facilities, a State -designated Alquist-Priolo Fault Zone (San Andreas Fault), and extensive biological resources. Because the site contained a broad range of protected species, environmental compliance necessitated extensive consultation with State (CDFG) and federal (USFWS) resource agencies and involved both on-site and off-site mitigation. In addition, the project necessitated improvements to existing freeway ramping and required extensive noise studies to assess impacts upon and from Blockbuster Pavillion. Lead Agency County of San Bernardino Environmental Impact Sciences Ethics, Integrity, and Service • Mountain Cove Master Plan. EIS prepared CEQA documentation (EIR) for a 260 -acre residential development (Standard Pacific), creating 350 home sites adjacent to the San Gabriel River and located, in part, within the inundation areas for Los Angeles County's Cogswell, Morris, and San Gabriel Reservoirs. The project included construction of two new bridge crossings, new flood control facilities (i.e., flood control channel and debris basins), a 1 -million gallon water reservoir, and two sewer pump stations. EIS' analysis was subsequently used by the City of Azusa in the preparation of an update to its General Plan. Lead Agency: City of Azusa Contact: Roy E. Bruckner, Director City of Azusa - Community Development Department 213 E. Foothill Boulevard Azusa, California 91702 (626) 812-5247 Pumped Storage Hydropower. EIS is currently preparing joint CEQA/NEPA (EIR/EIS) document for a Federal Energy Regulatory Commission (FERC) 500 - megawatt advanced pumped storage project (Lake Elsinore Advanced Pumped Storage Project) and separate 30 -mile, high-voltage electrical transmission line (T-E/VS 500 -kV Interconnect Project) located in western Riverside County, including the construction of a new 5,000 acre-foot reservoir within the Cleveland National Forest, the construction of a subterranean powerhouse at the base of rebniary 2005 South Pointe West Project City Of Diamond 13,11, CAilurnia the Elsinore Mountains, two 18 -foot diameter penstocks, new electrical substations, and associated ancillary facilities The new reservoir includes a 180 -foot -high main dam and a perimeter dike (ranging up to (30 -tent -high). The reservoir's surface area is approximately 76 acres, the rerirrired fill volume of the dam and dike is approximately 2.5 million cubic yards, and the reservoir side -slopes are to be liners upsizing of outlet facilities, (b) construction of a 4,200 -foot 24 -inch pipeline and installation of a Main Pressure Reducing Station bypass value, (c) installation of additional disinfection chemical injection pumps, and (d) installation of a new 24 -inch pipeline from the inlet/outlet facility to a point of connection with the Santa Margarita Water District's Affen-McColloch Pipeline Booster Station. Lead Agency: EI Toro Water District Technical analyses geologic studies, hydrologic and water Contact: Robert R. Hill, Assistant General Manager quality studies, darn breach analyses, socioeconomic EI Toro Water District assessments, surface and subsurface cultural resource 24251 Los Alisos Boulevard studies, focused species-specific investigations, land use Lake Forest, California 92630 analyses, and investigation of alternative locitions and (949) 837-7050 facility designs_ Lead Agency: Elsinore Valley Municipal Water District Contact: Phil Miller, Dislrict Engineer Elsinore Valley Municipal Water District 31315 Chaney Street Lake Elsinore, California 92530 (909) 674-3146 R-6 Reservoir Joint Use Improvement Project. In response to an agency policy to maintain a 14 -day emergency storage reserve to meet summer domestic demands and fire flow requirements, EIS prepared CEQA documentation (MND) for a dam enlargement project, increasing the existing 233 -million gallon capacity of the EI Toro Reservoir (23392 La Glorieta, Mission Viejo) by about 159 acre-feet (52 million gallons). The project included the installation of an impervious linear system, replacement of the existing floating cover with a new impervious geo- membrane liner system, and the upsizing of the existing outlet system and transmission pipeline, including (a) Environmental Impact Sciences Ethics, Integrity, and Service ■ IKEA Covina. EIS prepared CEQA documentation (MND) supporting the development of a 330,000 square foot multi -leve, retail store and accompanying warehouse facility, operated as a furniture and home accessories store and including an on-site restaurant. The project involved the demolition of an existing 180,000 square foot Montgomery Wards facility, allowing the project to be defined as the net physical change between the cessation of impacts attributable to the former use and the new impacts associated with the proposed use. The project included a detailed traffic study addressing on-site circulation patterns and impacts to local streets and freeway segments. Lead Agency: City of Covina Contact. Michael Marquez, Director City of Covina - Community Development Department 848 South Barranca Avenue Covina, California 91723-2199 (626) 858-7214 F ebruary 2[1(15 fl,ig(, A 7 r •+th Pointe West Project of Diamond Bar, Caljlurria Park Facilities. EIS prepared CEQA documentation (MNDs) for numerous park construction and improvement projects, including the development of a new skateboard park, improvements to existing facilities, evaluation of park improvements on historic resource, and implementation of a construction -monitoring program for a number of Identified National Register eligible structures Lead Agency: City of Glendale Contact: George Balteria, Park Planner City of Glendale - Parks and Recreation Department 1621 Canada Boulevard Glendale, California 91206-4393 (818) 548-6421 OTHER RELEVANT PROJECT EXPERIENCE South Pointe Master Plan. Mr Lewandowski prepared a comprehensive EIR for a 170 -acre canyon site involving a consortium of public and private property owners (Vesting Tentative Tract Map Nos. 32400/51407/51253/52203). The project's development involved both impacts upon a locally significant biological resource area (Sandstone Canyon) and loss of an oak woodland within the City of Diamond Bar. Key environmental issues related to the site's feasibility based on the presence of historic landslides, impacts on sensitive biological resources (e.g., California coastal gnatcatchers), on-site and off-site mitigation for impacts to jurisdictional areas, landform alternations associated with grading, project -related and cumulative traffic impacts, and the analysis of the adequacy of affected infrastructure systems (e.g., storm drain facilities). As mitigation for impacts to waters of the United States and waters of the State, under the jurisdiction of the United Environmental Impact Sciences Ethics, Integrity, and Service States Army Corps of Engineers, CDFG, and RWQCB, Mr. Lewandowski prepared and successfully processed separate Section 401140411603 permits. Mr. Lewandowski prepared both the EIR and the two addendums, all CEQA notices, the findings of fact and statement of overriding considerations, and the documentation used by the City in the preparation of Planning Commission and City Council staff reports. Lead Agency: City of Diamond Bar Contact: James DeStefano, Deputy City Manager Community and Development Services 21825 Copley Drive Diamond Bar, California 91765 (909) 839-7030 ON-CALL ENVIRONMENTAL CONSULTING EIS currently has open purchase orders and provides on-call environmental consulting services to the following agencies: City of Diamond Bar Attn: James DeStefano, Deputy City Manager Community and Development Services 21825 Copley Drive Diamond Bar, California 91765 (909) 839-7030 City of Glendale Attn: George Balteria, Planner Parks and Recreation Department 613 East Broadway, Room 120 Glendale, California 91206-4399 (818) 548-2000 February 2005 Pare A -R South Pointe West Project City of Diamond Bar, California PERSONNEL RESOURCES Every project is different and requires unique talents and experience in order to provide the requisite analysis. As a result, our approach is to first understand the needs of our clients and then to determine the precise nature of those issues that need to be addressed. EIS believes in providing its clients with the highest quality resources available Based on specific project needs, EIS marshals those engineers, biologists, and other professionals possessing the requisite experience and qualifications to accomplish the assigned task. The key individual to any work assignment is the project manager. Unlike other consulting firms that assign junior staff to the project management role, the firm's Princlpaf (Peter Lewandowski, AICD) personally manages all projects at EIS, provides senior -level quality control, serves as the primary client liaison, and presents and represents the project at all public meetings. PROFESSIONAL REFERENCES The following individuals can be contacted to obtain additional comments concerning the quality of our planning and environmental work products, the professionalism of our client representations, our firm's ability to formulate cost-effective solutions to overcome the obstacles that impede attainment of our clients' goals and objectives, and our ability to perform assignments both on time and within a specified budget. • James DeStefano, Deputy City Manager City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765-4178 (909) 860-2489 Environmental Impact Sciences Ethics, Integrity, and Service • Michael Marquez, Director City of Covina - Community Development Department 848 South Barranca Avenue Covina, California 91723-2199 (626)858-7214 • M. Katherine Jenson, Atty, Rutan & Tucker 611 Anton Blvd., Suite 1400 Costa Mesa, CA 92626-1998 (714) 641-3413 • Sonia Ransom, Atty. Allen Matkins Leck Gamble & Mallory 515 S. Figueroa, 7th f=loor Los Angeles, CA 90071 (213) 622-5555 • Andrea P. Sumits, Atty. Beveridge & Diamond, P.C. 456 Montgomery Street, Suite 1800 San Francisco, California 94104-1251 (415) 262-4020 • Phil Miller, District Engineer Elsinore Valley Municipal Water District 31315 Chaney Street Lake Elsinore, CA 92531-3000 (909) 674-3146 • Carrie Richardson, Principal BRpartners, Inc. 3529 Padua Avenue Claremont, California 91711 (909) 626-3881 February 2005 Page A 9 lith Pointe West Project of Uiannond Bar, Californi,,i STANDARD RATE SCHEDULE (2005) Unless otherwise negotiated at the lime of contract eyerulion. labor hours will be billed at [fie following rates Position Rates Professional Principal $130.00,;" Senior Engineer 120.00 Senior Planner/Scientist 110.00 Associate Engineer 100.00 Associate Planner/Scientist 90.00 Resource Specialist 80.00 Engineer/Planner/Scientist 70.00 Environmental Planner 60.00 Support Graphic Illustrator 50.00 Word Processor 40.00 Unless otherwise negotiated at the time of contract execution, all direct costs will be billed at cost -plus -ten percent. Automobile mileage will be billed at a rate of $0.40 per mile and travel time will be billed at the designated rate. All invoices are payable within thirty days of receipt and, unless an alternative billing plan is specified, will be submitted monthly for all work in progress. Environmental Impact Sciences Ethics, Integrity, and service February 2005 Page A-10 South Pointe West Project City of Diamond 13sir, Califrnr�i[� CURRICULUM VITAE PETER LEWANDOWSKI, AICP Principal and Project Maniger Education MURP, Urban Plariwnq, C P(jly, Pnnuon�7 Graduale Program, Architeclme. G-IlPnly. Ponnr�r�a BA, Social Ecology, Univefsily of C 'Atforni r, Irvine Experience Mr. Lewandowski is a widely recorinized expert in environmental permitting With nearly 30 years of experience as an planning professional, including serving as Director of Planning and Environmental Services for a Fortune 500 firm (Ultrasystems Engineers & Constructors), Mr. Lewandowski possesses a detailed understanding of planning, engineering, and environmental compliance and demonstrated and successful experience in preparing and processing general and specific plans, major residential, commercial, and industrial development projects, transit and transportation facilities, energy facilities, water facilities, and capital improvement projects. Mr. Lewandowski is often called upon by major law firms to prepare CEQA/NEPA documents and to conduct third -party reviews of documents prepared by other consultants. In addition to work with individual and corporate attorneys, clients have included Latham & Watkins; Rutan & Tucker; Brown Winfield Canzoneri; Sheppard, Mullin, Richter & Hampton; Oliver, Vose, Sandifer, Murphy & Lee; and Buchalter Nemer Fields & Younger. Affiliations American Institute of Certified Planners (AICP) Environmental impact Sciences Ethics, Integrity, and Service Recent relevant project experience includes:. Project Manager responsible for the preparation and processing of joint NEPA/CEQA documents for the Federal 500 -megawatt take Elsinore Advanced Pumped Storage Project and TE/VS 500 -kV Interconnect -Project. Project Manager responsible for the preparation and processing of CEQA documentation for the 500 -acre Wildomar Community Facilities District (Riverside County), including the extension of over 10 -miles of new water and wastewater facilities into an undeveloped County area. Project Manager for major water and wastewater facilities, including (1) EI Toro Reservoir (E1 Toro Water District); (2) 5-mgd Lytle Creek Wastewater Treatment Plant (Sari Bernardino County); (3) Abalone Cove Combination Sewer System (Rancho Palos Verdes); and (4) 5-mgd Alberhill Wastewater Treatment Plant, Meadowbook Reservoir, Lee Lake and Horsethief Canyon Booster Stations, and Railroad Canyon Dam Improvement Project, (Elsinore Valley Municipal Water District), • Project Manager for numerous federally funded arid/or federally permitted projects, including: (1) Ramona Avenue Grade Crossing (Montclair); (2) Hobsonway Beautification Project (Blythe); (3) Atwood Avenue Street Improvement Project (Moreno Valley); and (4) Ontario Metrolink Station, Project Manager for major specific and master plan projects, including: (1) Downtown Covina Specific Plan (Covina); (2) Ramsgate and Tuscany Hills Specific Plans (Riverside County); (3) Lytle Creek North Master Plan (San Bernardino County); (4) South Pointe Master Plan (Diamond Bar); and (5) Walnut Hills Master Pian (Walnut) Fehruary 2005 Page A-1 1 c ,lth Pointe West Project of Dianiond C3ru, Ctil�fnrriia JOSEPH J. KULiKOWSKI, PE, GE, REA Consulting Geotechnical Engineer (GENTERRA) Education BS, Civil Engineering, Universily of Conlwcliclit Graduate Studies, Civil Fnrt , CalStalc Lcrrrd Brach Licenses Civil Engineer, No. C17,178 Geotechnical Engineer, No 191 Registered Environmental Assessor, No 06070 Professional Engineer, AZ, NV. U 1. CO, MT, NY Experience Mr. Kulikowski has over 30 years of experience in civil, geotechnical, arid environmental engineering. He has extensive experience in public works, water resources, transportation, commerciallindustrial projects, environmental and hazardous waste studies, and solidlhazardous waste containment facilities. Responsibilities include engineering, civil, geologic/geotechnical/geohydrologic review, and environmental support for planning, design, site characterization/evaluation, design, construction, operations and regulatory review. Mr. Kulikowski has provided input for the geotechnical, hydrologic, and hazardous waste aspects for planning. and CEOA reports for a variety of projects. Mr. Kulikowski has conducted site investigations and preliminary design of covers, liners, and drainage systems for waste disposal sites, and prepared geotechnical designs for dams, dikes, walls, liners, surface impoundments and surface/subsurface drainage. Mr. Kulikowski has reviewed plans and reports for several landfills in southern California and co-authored the USEPA permit handbook for landfills, waste piles and impoundments, which included geotechnical design requirements for liners and covers. Environmental impact Sciences Ethics, Integrity, and Service Recent projects have included: ■ Geolechnical review of a number of major residential development projects within the San Gabriel Valley, including Walnut Hills (Walnut) and Mountain Cove (Azusa). • Project Manager for the geotechnical and hazardous materials investigation for a proposed segment of the Los Angeles Metro Rail Line project near Union Station, which included tunnels and pipelines Principal -In -Charge for geotechnical field studies and engineering analyses for liner design at the Highgrove Landfill in Riverside County. • Engineering and management of programs and projects for mine waste, hazardous waste, sanitary landfills, and special studies for contamination and environmental studies for large sites and critical facilities. • Consultant for geotechnical and hydrologic issues during review and preparation of environmental documentation for the proposed Gregory Canyon Landfill in north San Diego County; represented the Local Enforcement Agency of the San Diego County Department of Environmental Health. • Principal Reviewer for the Phase tl investigation and remediation of several targe sites in Los Angeles, Orange and San Diego Counties for sites with contaminated soil and groundwater. • Principal -In -Charge for the environmental site assessment for the proposed 28 -mile Alameda Corridor for the Port of Long Beach. fn )FL].iry 200r ) r';irre n 12 South Pointe West Project City of Oiamolld 1.3,11, C;1111n o FRANK FONG, PE, GE Consulting Senior Project Engineer, (GENTERRA) Education M. Engineering„ Geoiechnical Enginerzring, University of California, B(�rkeley B.S , Civil Engineering. CalPr)ly. f'nnionn Licenses Registered Geotechnical Encliwvr, Czll�fornia Registered Civil Engineer, CrIliforni,i acid Nevado Experience Mr. Fong is a resident of the City of Diamond Bar and formally served on the City's Planning Commission. He has over 32 years of experience in the geotechnical engineering profession. His experience has included investigation, design, and inspection during construction of major flood control projects, including earth dams and levees; dehris basins and reservoirs; shoring systems for deep excavations; deep foundation systerl)s; installation and testing of temporary and permanent tieback anchors; dewatering systems; culverts and storm drains; flood control channels; tunnels; slope stabilization; and compaction control and inspection of foundation construction. He has been project engineer responsible for directing and carrying out numerous geotechnical assignments, soil, foundation, geologic, and seismic investigations, field explorations, and laboratory testing programs, inspection of earthwork construction, He has assisted in preparation of supplemental design of sound wall systems and culverts, retaining walls, design of open channel sections for drainage, in the investigation, evaluation of seismic stability and design for the rehabilitation of the open channel and tunnels. Environmental impact Sciences Ethics, Integrity, and Service Affiliations American Society of Civil Engineers intern. Soc. of Soil Mechanics/Foundation Engineers Earthquake Engineering Research Institute Recent projects have included: Forensic Studies and Properly Assessments: Various projects including: investigation and monitoring of major landslides; foundation reconstruction for existing building adjacent to severely distressed Fullerton Creek channel; investigation and rehabilitation of condominium complex; investigation and repair for distressed warehouse building; investigation and remedial repair for pavement subsidence; investigation and remedial dewatering for groundwater seepage control; foundation investigation and compaction grouting for repair of residence; post -seismic investigation and repair of distressed floor slab and geotechnical assessments for numerous residences; landslide damage claim assessments of sites in northern, central and southern California; and investigation/ consultation on various litigation cases involving construction defect claims. Educational Facilities: West Coast University, Huntington Beach; New Library Addition and Hedco Neuroscience Building at University of Southern California, Los Angeles; Ruben S. Ayala High School, Chino; New Pasadena City College Library, Pasadena; Science Building, Ohtone College, Fremont; and Azusa Library, Azusa. ■ Hospitals; New Nursing Wing, Beverly Hospital, Montebello; Kaiser Permanente West Anaheim Medical Center, Anaheim; Providence Hospital Additions, Oakland; and Lancaster Community Hospital Additions, Lancaster. • Public Facilities: Anaheim Stadium Additions, Anaheim; Anaheim Convention Center, Anaheim; and Veterans Memorial Stadium seismic evaluation, Long Beach. February 2005 Purge A- 1 ;i F—Ah Pointe West Project A Miini;rnd Liar, C jffpr1i,1 DOUGLAS A. HARRIMAN, PE, REA, CGWP Consulting Associate Engineer (GENTERRA) Education M.S., Civil & Fnvironmenlal Engineering, Rutgers University M S., Environmental Sciences, Rutgers Universily B -S., Biological Sciences, Drexel Uriivetsity Licenses Registered Civil Engineer, California and Arizona Registered Environmental Assessor 1, California OSHA Certifications: Waste Site Supervisor Certified Ground Water Professional Experience Mr. Harriman specializes in projects relating to the environment, water quality, surface and ground- water hydrology, dams and reservoir, and water/wastewater treatment. Mr. Harriman has more than 20 years of experience as a project manager conducting surface water and ground water invesligations, environmental assessments, site characterization with subsurface exploration, and flood studies. He has developed storm water Pollution prevention plans for industrial facilities, performed environmental audits, and provided direction and assistance for regulatory compliance. Mr. Harriman is proficient in the use of computer methods for solving engineering problems, making. use of computers for data analysis, hydrologic and hydraulic analyses, delineation of soil and ground water contamination, modeling of surface and ground water flow, and preparation of report text, tables, and illustrations. Affiliations American Society of Civil Engineers Association of California Water Agencies Groundwater Resources Association -California Association of State Dam Safety Officials Environmental Impact Sciences Ethics, Integrity, and Service Recent projects have included: Hydrology and inundation study reports were prepared for the proposed Lake Elsinore Advanced Pumped Storage (LEAPS) hydroelectric project in Riverside, California. The major focus of the hydrology study was on potential impact to surface water and ground water, including water quality, in accordance with guidelines of the Federal Energy Regulatory Commission and State Water Resources Control Board. The inundation study included analysis and modeling of potential flooding in the event of a hypothetical darn break. If built, the hydroelectric facility would cycle water between Lake Elsinore (lower reservoir) and a man- made upper reservoir in the Cleveland National Forest. BOSS DAMBRK was used to simulate the flood wave for estimation of the flooding limits downstream of the proposed reservoir. Inundation study and mapping for the enlargement of the Ei Toro Reservoir, as conducted to address the increase in potential flood inundation area as a result of the additional capacity. Mr. Harriman used BOSS DAMBRK, an enhanced, proprietary version of the model, to determine the characteristics of the flood wave at representative cross sections, and to estimate the limits of flooding along the downstream reaches of the stream. The inundation maps were prepared in accordance with guidelines of the State of California Governor's Office of Emergency Services. Evaluations of ground water and seepage at EI Toro Darn, including review of ground water conditions, studies related to the stability of the reservoir slopes during rapid drawdown, recommendations for lowering ground water levels, construction of a ground water interceptor trench, installation of new piezometers, and coordination of review with the California Department of Safety of Danis. rebrunry 2005 r aye. A- I I South Pointe West Project City of Diamond Bar, Cnlifurni.a Weston S. Pringle, PE Consulting Traffic Engineer (WPA) Education BS, Civil Engineering, CaState, Fresno Certificate, Municipal Public Work,, Administration Licenses Registered Civil Engineer No. CE 16828 Registered Traffic Engineer No. TR 565 Affiliations Fellow, Institute of Transportation Engineers (iTE) Member, American Society of Civil Engineers Experience From 1960, Mr. Pringle has been Civil Engineering Assistant, City of West Covina; Assistant Traffic Engineer, Traffic Engineer, and Assgciate Civil Engineer, City of Downey; Principal' Engineer, Wilbur Smith & Associates, Consulting Engineers, Los Angeles; Vice President, Lampman and Associates, Inc., Consulting Engineers, Pomona; Vice President, Cromme in -Pringle and Associates, Inc., Placentia; and owner of WPA Traffic Engineering. Mr. Pringle is listed in "Who's Who in Engineering" and "Who's Who in the West." Some of the projects with which he has been involved include: Transportation Planning. Circulation and Transportation Elements of General Plans for cities; freeway location & impact studies; access, circulation, and parking systems for industrial plants, airports, central business districts, colleges, shopping centers, and other developments; traffic impact analyses for Environmental Impact Reports. Traffic Operations. TOPICS areawide plan studies for eleven cities; traffic signal and traffic signal system designs; parking studies; street and parking lot lighting designs; school safety programs; access, circulation, and parking studies for commercial, residential, and public developments. Traffic engineering services related to litigation for both plaintiff and defense. This involvement has included both deposition and court testimony. He has served as a Subject Matter Expert for the California Board of Registration for Professional Engineers and Land Surveyors in the field of traffic engineering. ITE Activity International Director; President, District 6; Other President, Southern California Section; Delegate, Program Development Conference; Senior Editor, "Technical Notes"; Member, Special Publications Committee, International Admissions and Transfers Committee, Parking Facilities for Industrial Plants Committee, Traffic Improvement Data Collection Guidelines Committee, Traffic Characteristics & Considerations for Tomorrow's Airports Committee, Impact Analysis of Proposed New Development Committee, Employment Center Parking Facilities Committee, and Guidelines for TIA of Proposed New Development Committee. Environmental Impact Sciences Ethics, Integrity, and Service Guest Lecturer, Transportation and Traffic Engineering, CalPoly, Pomona February 2005 Page A-15 o 'ith Pointe West Project Of MUM)nd r3rif Calihxni,3 THOMAS LESLIE, Ph.D. Consulting Biologist (TLC) Education Ph. D. Theology MS, Botany BS. Bola nylZoologylFcology Training Welland Delineation (Welland Training Institute) Credentials Botanical Collector's Perrnil (Fores( Service) Federal Threatened/Endangered Species Permits (No. TE -3-781384) 0 California Gnatcatcher 0 Southwestern Willow Flycatcher 0 All listed branchiopod species State Scientific Collector's Permit (No 801118-03) California Registered Environmental Assessor Certified Biologist (County of Los Angeles) Experience Dr. Leslie has multi -disciplinary expertise in the areas of sensitive plant and wildlife species surveys, resources management, wetland ecology, 401140411600-1616 regulatory work,., sensitive habitat, desert biology, paleontology, botany, zoology, and ornithology. Dr. Leslie has conducted and managed numerous environmental resources projects involving baseline resource inventories, archaeological surveys, environmental impact assessments/reports/statements, CEQA mitigation program, pre -construction paleontological resource assessment, archaeological, paleontological and biological construction monitoring, and taxonomic identification of paleontological resources. He is a co-author of "The Baja Highway, A Field Guide to the Geology and Biology of Baja CA, Mexico." Environmental Impact Sciences Fthics, Integrity, and Service Additional professional Iraining includes: • Desert Tortoise Council, 13'x' Annual Surveying, Monitoring and (dandling Techniques Workshop, Ridgecrest. 2004. • Botany Classes- Family Dynamics: An Informal Botany Review (Malvaceae, Asc)epiadaceae , and Lamiaceae), Rancho Santa Ana Botanical Garden, 2004. • Botany Classes: Grass Family Dynamics, Identification and Morphology, Rancho Santa Ana Botanical Garden, 2004. • Sensitive Butterflies Workshop, San Diego, 2003. • Welland Course, Richard Chinn Environmental Training, Inc., San Francisco, 2003. • Sensitive Butterflies Workshop, San Diego, 2002. • CLE international, California Wetlands Conference, 2002. • SW Willow Flycatcher Sierra Research Station's Workshop, 2001. • Branchiopod Taxonomy Course, Fairy Shrimp ecology and species identification classes from Dr. Denton Belk, 1997. • SW Willow Flycatcher Workshop, 1995. • SW Willow Flycatcher Workshop, USFWS, San Diego Natural History Museum. • Conference of the ecology, conservation and management of vernal pool ecosystems, 1996. • Wetland Delineation: Atypical & Problem Areas, Wetland Training Institute, Poolesville, MD. • Wetland Delineation: Based On US Army Corps Of Engineer's 1987 Manual, WTI, February 2005 t'age A-16 South Pointe West Project City of Diamojut Bar, C,111f,)1rin TODD P. BRODY Consulting Senior Scientist (Air and Noise) Education BA, Environmental Biology (Curry Lmc In) California State University, Northridge Experience Mr Brody is responsible for technical ,nnalyses of air emissions and noise. With over 18 -years experience, Mr. Brody has been responsible for the preparation air quality, health risk, and acoustical studies for a broad range of development and redevelopment projects, including large-scale residential and mixed-use development projects, HUD -assisted housing projects, big -box retail centers, general, specific, and master plan projects, transit facilities, water works, natural gas pipelines, landfills, hazardous waste treatment facilities, landfills and waste transfer stations, geothermal projects, marine terminal facilities, mining operations, beach erosion control projects, port and harbor improvement projects, and military facilities. Mr. Brody has programmed proprietary computer models for specific application in air quality analysis. His methodology for calculating emissions associated with architectural coatings was adopted by and incorporated into the South Coast Air Quality Management District's (SCAQMD)"CEQA Air Quality Handbook." Mr. Brody recently working with the SCAQMD in the preparation of an update to the "CEQA Air Quality Handbook." Environmental Impact Sciences Ethics, Integrity, and Service Recent projects have included_ Air quality cortfornlily analysis, in accordance with the final General Conformity Rule published by the USEPA, for the Upper Newport Bay wetlands restoration project proposed by the United States Army Corps of Engineers. The General Conformity Rule applies to all federal actions that occur within non -attainment and maintenance areas, such as the South Coast Air Basin. • Air quality conformity analysis for Foothill Transits proposed 1,000 -space parking structure and 10 -bus bay transit hub, including carbon monoxide and diesel pollutant health risk assessments. • Air quality evaluations for waste transfer stations and landfills, including materials recovery and transfer stations in Azusa, Pomona, Fontana, Moreno Valley, Perris, Vista, Sunshine Canyon Landfill, and Campo Landfill. • Air quality analyses and health risk assessments for numerous housing projects, including major projects by Lennar, Brookfield, and Standard Pacific • Acoustical analysis for numerous big -box projects, including Lowe's, Home Depot, Price -Costco, and IKEA. • Project Manager/Principal Investigator for many hazardous materials assessment and remediation projects, including Phase I, Phase II, and Phase III site investigations, soil gas surveys, design of sampling and remediation plans, oversight of excavation activities, and report preparation. February 2005 Pay(,.A- 17 Project Understanding 1/1' Technical. Approach 1�P Qualifications of Project Manager �%' ' Qualifications of Project Team Y� CEQA Knowledge y� City and Walnut Valley Unified School District Experience T Professional References *� Performance Schedule ie Cost Competitiveness � Ability to Fulfill City Contract Requirements t l' No Conflict of Interests `�' Agenda # Meeting Date: March 15, 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of be City Council ViA: Linda C. Lowry, City Manage �COHIBIT TITLE: INTERIM URGENCY ORDINANCE TO THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES RECOMMENDATION: Adopt Urgency Ordinance No. (2005) to place a 45 day moratorium on the establishment of medical marijuana dispensaries in the City of Diamond Bar. BACKGROUND/ANALYSIS: The City has recently received an inquiry about the establishment of a dispensary in the City. The City's Development Code does not address this use. However, staff believes it is necessary to review and analyze the impacts related to medical marijuana dispensaries and to formulate any necessary regulations, consistent with State law, governing the location and operation of these facilities in order to protect residents and businesses from harmful secondary effects. in 1996, California voters enacted Proposition 215, called "The Compassionate Use Act of 1996." The Act sets forth the circumstances under which marijuana may be prescribed, dispensed and used for medicinal purposes in California. The United States Justice Department takes the position that the distribution and use of marijuana for medicinal purposes violates federal drug laws. Accordingly, the Drug Enforcement Administration (DEA) has from time to time raided and shut down some medicinal marijuana dispensaries in California, including one in West Hollywood. Nonetheless, the DEA's enforcement efforts have been inexplicably inconsistent, and numerous dispensaries have opened in the last two years throughout the State. The conflict between federal law and Proposition 215 has yet to be fully resolved in the courts. Other cities in California have allowed medical marijuana dispensaries. Issues have occurred related to the establishment of such dispensaries located near sensitive uses such as day care centers and schools and residentially zoned properties. Additionally, there is an increase in loitering around the dispensaries, armed burglary within dispensaries, pedestrian and vehicle traffic, noise and parking and traffic violations. Due to recent proliferation of medical marijuana dispensaries in California and because time will be needed to further research this matter and prepare and adopt regulations, this Ordinance is intended to place an interim moratorium on the establishment of such facilities for 45 days, effective from the date of adoption of the urgency ordinance. Consistent with Government Code Section 65858, the Council may adopt up to two extensions of the moratorium after providing notice pursuant to Section 65090 and conducting a public hearing. The maximum duration of the extensions is 10 months and 15 days for the first and twelve months for the second for a total two years. PREPARED BY: AlJ. Lun u, A-AociO Planner REVIEWED BY: Nancy Fong, Planning Manager IJaeseSt fano, Assistant City Manager ORDINANCE NO. (2005) AN INTERIM ORDINANCE OF THE CITY OF DiAMOND BAR PURSUANT TO GOVERNMENT CODE SECTION 65858 PROHIBITING THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THE URGENCY THEREOF. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1. Purpose and findings. Currently medical marijuana dispensaries are not a permitted use in any zoning district under the City's zoning ordinance. In other cities, issues and concerns have occurred related to the establishment of medical marijuana dispensaries in close proximity to residentially zoned properties and sensitive uses such as day care centers and schools. Furthermore, other cities indicate an increase in loitering around the dispensaries, armed burglary within dispensaries, pedestrian and vehicle traffic, noise and parking and traffic violations. The City has received one inquiry about the establishment of a dispensary in the City. As a result, City staff believes that it is necessary to formulate regulations, consistent with State law, governing the location and operation of medical marijuana dispensaries in order to protect residents and businesses from harmful secondary effects of these establishments. Due to the recent proliferation of such establishments in other cities and because time will be required to prepare and adopt regulations regarding the operation of such facilities, this Ordinance is intended to place an interim moratorium on the establishment of any medical marijuana dispensaries as of the date of adoption hereof, until new regulations are prepared and adopted by the City Council. SECTION 2. Moratorium established. A moratorium is hereby established on the establishment of medical marijuana dispensaries in the City. Notwithstanding any provision of the Diamond Bar Municipal Code to the contrary, no medical marijuana dispensary shall be established in the City, whether or not a permit of any kind is required from the City; further, no application for a permit of any kind (including a building permit) will be accepted, processed or considered during the pendency of this ordinance or any extension thereof for establishment of a medical marijuana dispensary. This Ordinance and the moratorium established herein applies to any site, facility, location, use, cooperative or business that distributes, dispenses, stores, sells, exchanges, processes, delivers, gives away, or cultivates marijuana for medical purposes to qualified patients, health care providers, patients' primary caregivers, or physicians, pursuant to Health & Safety Code Section 11362.5 (adopted as Proposition 215, the "Compassionate Use Act of 1996") or any State regulations adopted in furtherance thereof. SECTION 3. Definitions. For purposes of this Ordinance, a "medical marijuana dispensary" means a facility where marijuana is made available for medical purposes in accordance with Health & Safety Code Section 11362.5. The word "marijuana" shall have the same meaning as the definition of that word in Health & Safety Code Section 11018. SECTION 4. Penalties. Violation of any provision of this Ordinance shall constitute a misdemeanor and shall be punishable by a fine not to exceed $1,000 or by imprisonment in County jail for not to exceed six (6) months, or by both such fine and imprisonment. Each and every day such a violation exists shall constitute a separate and distinct violation of this Ordinance. In addition to the foregoing, any violation of this Ordinance shall constitute a public nuisance and shall be subject to abatement as provided by all applicable provisions of law. SECTION 5. Severability. If any part or provision of this Ordinance or the application to any person or circumstance is held invalid, the remainder of this Ordinance, including the application of such part of provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of this Ordinance are severable. SECTION 6. Urgency. Based on the findings set forth in Section 1 hereof, the recent proliferation of medical marijuana dispensaries in other cities and interest in opening of such establishments within the City of Diamond Bar and the secondary effects of those dispensaries poses a current and immediate threat to the public health, safety and welfare. This Ordinance is necessary to alleviate and address that threat until permanent zoning regulations can be established. This ordinance is adopted pursuant to California Government Code Section 65858 and shall take effect immediately upon adoption by a four-fifths vote of the City Council. This ordinance shall be in full force and effect for a period of forty-five (45) days from the date of its adoption unless extended by the City Council in accordance with the provisions of California Government Code Section 65858. SECTION 7. Conflicting Laws. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any other City code, ordinance, resolution or policy. PASSED, APPROVED AND ADOPTED THIS 15TH DAY OF MARCH, 2005, BY THE CiTY COUNCIL OF THE CITY OF DiAMOND BAR. Wen P. Chang, Mayor 1, Linda C. Lowry, 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 held on the 15th day of March, 2005 and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of March, 2005 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Linda C. Lowry, City Clerk, City of Diamond Bar Agenda 9 8 , 2 Meeting Date: March. 15, 2005 CITY COUNCIL AGENDA REPORT 0 I�f'f)RP()Tt/ TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Managef TITLE: CONSIDERATION OF AMENDMENTS TO THE BYLAWS OF THE DIAMOND BAR COMMUNITY FOUNDATION RECOMMENDATION: The Board of Directors of the Diamond Bar Community Foundation recommends the City Council approve the proposed amendments to the Foundation Bylaws as identified in the attached document. FISCAL IMPACT: There is no fiscal impact associated with the amendments to the Bylaws. However, the Foundation does have funds it has generated through the sale of commemorative tiles at DB Center, the Foundation's Winter Gala, and various other fund raising efforts. The Foundation has approximately $65,000 of available funds. BACKGROUND Several years ago the City Council established the Diamond Bar Community Foundation for the specific purpose of raising funds to implement the recommendations in the Parks Master Plan. The Foundation Board consists of 15 members representing the following: (1) Member of the City Council appointed by the Mayor (1) Member of the Parks & Recreation Commission (9) At -Large members who are residents or business owners appointed by the City Council (4) Members representing community organizations such as the Chamber and seniors appointed by the Foundation Board. Over the past year, the Bylaws Sub -Committee of the Diamond Bar Community Foundation Board of Directors has reviewed the Community Foundation bylaws and recommended a number of changes. At its meeting of February 17ththe Board unanimously voted to recommend the changes identified in the attached document to the City Council for consideration. DISCUSSION The major changes to the Community Foundation Bylaws are outlined below. The original purpose of the Foundation was to assist the City with public purpose projects including providing funds for projects identified in the Parks Master Plan of 1998. By changing Article III Section 3.01, the new mission of the Foundation will be expanded to allow the Foundation to provide funds to other organizations for projects that will benefit the residents of Diamond Bar. 2. The current number of Board members of the Foundation is set at fifteen (15). There are a few vacancies that have been difficult to fill. Therefore, the Board voted to reduce the minimum number of members to nine (9). By doing so, a quorum will be easier to attain and business easier to conduct. This is reflected in the proposed changes in Article V Section 5.02(a); and (b)(iii) and (iv). 3. The City Council currently appoints the majority of members on the Foundation Board of Directors. Proposed changes to the Bylaws will eliminate the authority of the City Council to appoint Board members and give that power to the Foundation Board of Directors. The City Council will continue to have one representative, appointed by the Mayor, who will be a member of the Foundation Board of Directors. These changes are reflected in Article V Section 5.02 (b)(iii) and (c); 5.03(c); and 5.05(a). 4. The City Council has final authority for changes to the Foundation Bylaws. Article XI Section 11.01 will relieve the City Council of this authority and empower the Foundation to approve all Bylaw amendments. 5. An addition to Section 6.03 would enable the Board of Directors to appoint an Executive Committee to aide and conduct business assigned by the Foundation Chair. Without the change, the full Board must conduct all business with the accompanying quorum requirement. By approving these changes to the Bylaws, the Foundation will, in essence, become an independent organization with limited affiliation with the City of Diamond Bar. As with other similar organizations which are independent from the City, the City would not provide administrative or financial support unless otherwise directed by Council. Prepared by: Dave Doyle, Assistant CTity Manager Attachment: Community Foundation Bylaw redline of proposed changes BYLAWS OF THE DIAMOND BAR COMMUNITY FOUNDATION (a California Nonprofit Public Benefit Corporation) ARTICLE I NAME The name of this Corporation is THE DIAMOND BAR COMMUNITY FOUNDATION. ARTICLE II OFFICES SECTION 2.01. PRINCIPAL OFFICE The principal office for the transaction of the activities and affairs of the Corporation ("principal office") is located at 21660 East Copley Drive, Diamond Bar, California. The Board of Directors ("the Board") may change the principal office from one location to another. Any change of location of the principal office shall be noted by the Secretary on these Bylaws opposite this Section, or this Section may be amended to state the new location. SECTION 2.02. OTHER OFFICES. The Board may at any time establish branch or subordinate offices at any place or places where the Corporation is qualified to conduct its activities. ARTICLE III PURPOSES AND LIMITATIONS SECTION 3.01, PURPOSES This Corporation is a Nonprofit Public Benefit Corporation and is not organized for the private gain of any person. It is organized under the California Nonprofit Public Benefit Corporation Law for charitable and public purposes. This Corporation is organized exclusively for charitable and other purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United State Internal Revenue Law). The Corporation intends to estahk�h ,'-R endowment fund which wik be used to le5sen thp- 6--rdens of gevernment by assi-stiRg the City of Diamend Baf an charitable and other public purpose projects. The speeif!C PUL414-- aFid ehaFitable purposes foF whiEh this (;orperatiE)R is organized are to lesseR the.. buirdens 990727 11393-00001 eeh 0102701.1 of gavernmeRt, to prowete the of !he PaFks MasteF Plan of 1998 44� Cita of Diamond R.,r The mission of the Corporation is to: Preserve protect and enhance the quality of life for residents of Diamond Bar by establishing programs and facilities designed to address the cultural, recreational and social needs of the community. Notwithstanding any other provision of these Bylaws, this Corporation shall not, except to an insubstantial degree, carry on or engage in any activities or exercise any powers that are not in furtherance of the purposes of this Corporation, and the Corporation shall not carry on any other activities not permitted to be carried on by a corporation exempt from Federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law). SECTION 3.02. LIMITATIONS (a) Political activity. No substantial part of the activities of this Corporation shall consist of carrying on propaganda, or otherwise attempting to influence legislation, and this Corporation shall not participate in or intervene in (including the publishing or distributing of statements in connection with) any political campaign on behalf of any candidate for public office. (b) Prope . The property, assets, profits and net income are dedicated irrevocably to the purposes set forth in Section 3.01 above. No part of the profits or net earnings of this Corporation shall ever inure to the benefit of any of its Directors, trustees, officers, members (if any), employees, or to the benefit of any private individual. (c) General Activities. In carrying out the purposes set forth in Section 3.01 above, the Corporation shall not, in any manner, be utilized to discharge debt service obligations —of the City of Diamond Bar. The support and promotion of GhaFitable, the quality of life for the residents of the City of Diamond Bar by this Corporation is in addition, and supplementary to, any budgeting program sponsored by the City, and the use of the assets, funds or personnel of this Corporation in routine operations of the City of Diamond Bar (other than those established by the Corporation) shall be a violation of the purposes herein expressed. (d) Dissolution. Upon the winding up and dissolution of this Corporation, after paying or adequately providing for the payment of the debts, obligations and liabilities of the Corporation, the remaining assets of this Corporation shall be distributed to a nonprofit fund, foundation or Corporation which is organized and operated exclusively for charitable purposes within the city of Diamond Bar and which has established its tax-exempt status under Section 501(c)(3) of the Internal Revenue Code of 1986 (or the corresponding provision of any future United States Internal Revenue Law) or to the City of Diamond Bar. 990127 11393-00001 eeh 0102701.1 ARTICLE IV MEMBERSHIP SECTION 4.01. NO MEMBERS This Corporation shall have no members. SECTION 4.02 ASSOCIATES The Corporation may refer to persons associated with it as "members" even though such persons are not members within the meaning of that term under Section 5056 of the California Nonprofit Corporation Law or any corresponding Section of any future California nonprofit corporation law. The Corporation may confer by amendment of its Articles of Incorporation, some or all of the rights of a member, as set forth in the California Nonprofit Public Benefit Corporation Law, upon any person or persons who do not have the right to vote for the selection of directors, on disposition of substantially all of the assets of the Corporation, on a merger or on a dissolution, or on changes of the Corporation's Articles of Incorporation or these Bylaws, but no such person shall be a member within the meaning of that term under Section 5056 of the California Nonprofit Corporation Law or any corresponding Section of any future California Nonprofit Corporation law. ARTICLE V DIRECTORS SECTION 5.01. POWERS (a) General corporate powers. Subject to the provisions and limitations of the California Nonprofit Corporation Law and any other applicable laws, and any limi- tations of the Articles of Incorporation and of these Bylaws, the activities and affairs of the Corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board. (b) Specific Powers. Without prejudice to these general powers, but subject to the same limitations, the Directors shall have the power to: (i) Appoint and remove, at the pleasure of the Board, all officers, agents and employees of the Corporation; prescribe powers and duties for them that are consistent with law, with the Articles of Incorporation and with these Bylaws; and fix their compensation and require from them security for faithful performance of their duties. (ii) Change the principal office or the principal business office in the State of California from one location to another; cause the Corporation to be qualified to 990727 11393-00001 eeh 0102701.1 conduct its activities in any other state, territory, dependency or country and conduct its activities within or outside the State of California; and designate any place within or outside the State of California for the holding of any meeting, including annual meetings. (iii) Adopt and use a corporate seal and alter the form thereof. (iv) Borrow money and incur indebtedness on behalf of the Corporation and cause to be executed and delivered for the purposes of the Corporation, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecations and other evidences of debt and securities. (v) Receive donations from donors or from any other source in cash or in other property acceptable to them. All donations so received shall be deposited with dA —4-leRt trustee by the Corporation and thereafter held, managed, administered and disposed of by the lFivest., ent Trustee and Board of Directors pursuant to the terms of the Agreement. The Board of Directors may accept donations which restrict their uses and purposes, provided such restrictions are within the uses and purposes mission set forth in Article III, and which limit the time, manner, amount, or other terms of distribution; but, unless otherwise specifically required, the Board of Directors may mingle such restricted donations with other assets of the Corporation. NO The Board of Directors shall have the power to apply funds and income of the Corporation for theses mission set forth in Article III. In furtherance thereof, the Board of Directors shall have the power and authority, and is directed to, distribute the distributable income of the Corporation as they may determine, to the uses and purposes mission set forth in Article 111. Unless a restricted donation provides otherwise, as used in Section 1, "distributable income" means the total holdings of the Corporation, principal and interest, less $2,500 which will serve as the minimum holding of the Corporation. SECTION 5.02. NUMBER AND ELECTION OF DIRECTORS AND LIMITATIONS AND RESTRICTIONS ON DIRECTORS (a) Authorized number. The authorized number of Directors shall be f (leen consist of at least nine (9) members until changed by amendment of the Bylaws. (b) Designation and Appointment of Directors. The original Directors shall be designated by the Incorporator(s). Thereafter, Directors shall be appointed or elected in accordance with the following procedure: (i) One (1) member of the Board of Directors shall also be a member of the City Council appointed by the mayor; (ii) One (1) member of the Board of Directors shall be a representative of the Parks and Recreation Commission of the City of Diamond Bar appointed by the Commission annually; 990727 11393-00001 eeh 0102701.1 (iii) Nine (9) At least five (5) at -large members of the Board of Directors shall be residents or business owners in the City of Diamond Bar appointed by the Board of Directors Ci* Council; and (iv) The remaining feUF (4)membersof the Board of Directors shall be residents or business owners of the City of Diamond Bar who represent the local community or Community organizations; including aRe fnei:HbeF Fepresenting the Chamber of Commerce, «nemember nt senior groups, ORe ,,,embeF rerire. AtiR youth organizations, and ene member- repfeseniing other service organizations. These members of the Board of Directors shall be referred to as "members -at -large" and shall be appointed approved by the Board of Directors. en a Fetating basis fmm Within each of the fou gfeUPs. T4eseAdditional "members -at -large" shall be selected by majority vote of the Board of Directors at any annual, regular or special meeting duly called and noticed for this purpose. (c) limitations. Any change in the number and qualifications of members of the Board of Directors shall be made only by amendment to these Bylaws (d) Restrictions on Directors. Not more than forty-nine percent (49%) of the persons serving on the Board may be interested persons. An interested person is (1) any person being compensated by the Corporation for services rendered to it within the previous twelve (12) months, whether as a full-time or part-time employee, independent contractor, or otherwise; and (2) any brother, sister, ancestor, descendant, spouse, brother- in-law, sister-in-law, son-in-law, daughter-in-law, mother-in-law or father-in-law of such person. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. A Director may not participate in any vote on any proposed transaction with another organization or entity of which such Director is also an employee, principal or director. However, any violation of the provisions of this paragraph shall not affect the validity or enforceability of any transaction entered into by the Corporation. No member of the Board of Directors shall be financially interested in any contract or other transaction entered into by the Board of Directors. No Director may utilize information obtained by reason of Board membership for personal gain; the Board of Directors may recover any such gain realized. Each member of the Board shall donate to the Corporation an amount in the individual members' discretion within thirty days of appointment to the Board. SECTION 5.03. TERM OF OFFICE OF DIRECTORS The Directors newly appointed or selected in accordance with Section 5.02(b) shall hold office as provided below. (a) Mayor's Appointee. The Mayor's appointee shall be appointed annually by the Mayor. 990727 11393-00001 eeh 0102701.1 (b) Representative of Parks and Recreation Commission. The representative of the Parks and Recreation Commission shall be appointed annually by the Parks and Recreation Commission. (c) At -large Citr'vn y-„.-dI Board of Director Appointees. The terms for �. u� �rr the first appointed five (5) positions shall be either one or two years determined by random draw according to position, to wit, appointee positions number 1 and 2 shall be for a period of one year each and positions number 3,4 and 5 shall be for a period of two years each. The "first” term of the Gity Couneil 1999 appointees shall expire on the date of the first annual meeting in February of 2001 or 2002, according to draw position as indicated above. Subsequent terms for City COHR .;' appointees shall be for a period of two (2) years. The- teFIFFIS feF the newly EFeated fOUF (4) at !aFge positions shall fellew the same ffinciples ,appeintment, depending on dFaw pesitien. (d) Members *� Board of Director Appointees. The terms for the additional appointed positions shall be either one or two years determined by random draw according to position, to wit. at IaFffpositie% Rumber , and 2 shall be for a , of two yeaFl, each and at large, positions number 3 and 4 shall 19P, fOF a period of E)Re Yea eaEh. The " forst" term of the few (4) at !aFge 9 appe ntees shall e)(PIFe E)R the date. of the furst aRnkiai Fneeting in FebFUaFy of 2000. Subsequent teFFFIS for at !aFge appointees shall be for a perood of two (2) yeaFS. SECTION 5.04. RESTRICTIONS (a) All terms as prescribed in this article shall commence with an annual meeting of the Board of Directors and shall expire at the date of the annual meeting one or two years later as the case may be. Notwithstanding the feFegeiRg, the teFFns of office fleff the Fnembe!FS of the beaFd appointed by the Cit)' C=8101FIIEil shall be COMUFFent with Council teRnS of effigy (c) No two or more persons from the same household shall be appointed to the Board of Directors to serve at the same time. SECTION 5.05. VACANCIES AND REMOVAL (a) Events causing vacancy or removal. A vacancy or vacancies on the Board shall exist on the occurrence of the following: (i) the death, removal, suspension or resignation of any Director; or (ii) the declaration by resolution of the Board of a vacancy in 990727 11393-00001 eeh 0102701.1 the office of a Director who has been declared of unsound mind by an order of court or convicted of a felony or has been found by final order or judgment of any court to have breached a duty under California Nonprofit Corporation Law or by a vote of six (6) Directors, subject to the appfflyal by a thFee4ifths Yete of the City Coundi. This SeCti R ; not subject to amefldmeRt, change eF alter-ation in any of its clauses Of (b) Resignations. Except as provided in this subsection, any Director may resign effective upon giving written notice to the Chairperson of the Board, if any, or the President or the Secretary of the Board, unless such notice specifies a later time for the resignation to become effective. Except upon notice to the Attorney General of the State of California, no Director may resign when the Corporation would then be left without a duly elected Director or Directors in charge of its affairs. (c) Filling vacancies. All vacancies occurring because of the expiration of terms or for other reasons will be filled as provided in Section 5.03 above. (d) No vacancy on reduction of number of Directors. No reduction of the authorized number of Directors shall have the effect of removing any Director before the Director's term of office expires. SECTION 5.06. PLACE OF MEETINGS; MEETINGS BY TELEPHONE Meetings of the Board shall be held at the principal office of the Corporation or at such other place has been designated by the Board. In the absence of any such designation, meetings shall be held at the principal office of the Corporation. Any meeting may be held by conference telephone or similar communication equipment, so long as all Directors participating in the meeting can hear one another, and all such Directors shall be deemed to be present in person at such meeting. SECTION 5.07. ANNUAL, REGULAR AND SPECIAL MEETINGS (a) Annual Meeting. The Board shall hold an annual meeting in conjunction with its regularly scheduled meeting for the month of February of each year for the purpose of organization, election of officers and the transaction of other business; provided, however, that the Board may fix another time for the holding of its annual meeting. Notice of this meeting shall not be required. A budget for the upcoming fiscal year shall be adopted at the annual meeting each year. The ChaiFpeFsen, with assistance (b) Other Re ular Meetings. Other regular meetings shall be held on the third Thursday of each month at 7:00 p.m., at the principal office of the Corporation, or at any other place designated from time to time by resolution of the Board. Said meetings 990727 11393-00001 eeh 0102701.1 shall be held without notice; provided, however, any given monthly meeting may be dispensed with by majority vote of the Board. (c) Special Meetings. (i) Authority To Call. Special meetings of the Board for any purpose may be called at any time by the Chairperson of the Board, if any, the President or any Vice President, or the Secretary or by a majority of the Directors. (ii) Notice. a. Manner of Giving Notice. Notice of the time and place of special meetings shall be given to each Director by one of the following methods: by personal delivery of written notice; 2. by first-class mail, postage pre -paid; 3, by telephone, either directly to the Director or to a person at the Director's office who would reasonably be expected to communicate that notice promptly to the Director; or 4. by telegram, charges prepaid. All such notices shall be given or sent to the Director's address to telephone number as shown on the records of the Corporation. b. Time Requirements. Notices sent by first-class mail shall be deposited in the United States mails at least seven (7) days before the time set for the meeting. Notices given by personal delivery, telephone including FAX transmission, or telegraph shall be delivered, telephoned, or given to the telegraph company at least forty- eight (48) hours before the time set for the meeting. C. Notice Contents. The notice shall state the time of the meeting, and the place if the place is other than the principal office of the Corporation, and the business to be conducted. d. Brown Act Requirements. All annual, regular and special meetings shall be notified, posted and conducted in every way consistent with the requirements set forth in the Brown Act. All meetings of the Board shall be open and public and all persons shall be permitted to attend any meeting of the Board, provided, however, that the Board may hold closed sessions during any meeting to consider those matters that may lawfully be considered in such sessions under Chapter 9 of Part 1 of Division 2 of Title 5 of the Government Code, commencing with Section 54950. 990727 11393-00001 eeh 0102701.1 SECTION 5.08. QUORUM A majority of the autheftzedcurrent number of Directors shall constitute a quorum for the transaction of business, except to adjourn as provided in Section 5.09. Subject to the more stringent provisions of the California Nonprofit Public Benefit Corporation Law, including, without limitation, those provisions relating to (i) approval of contracts or transactions in which a Director has a direct or indirect material financial interest, (ii) approval of certain transactions between corporations having common directorship, (iii) creation of an appointment of committees of the Board and (iv) indemnification of Directors, every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for that meeting. SECTION 5.09. WAIVER OF NOTICE Notice of a meeting need not be given any Director who signs a waiver of notice or a written consent to holding the meeting or an approval of the minutes thereof, whether before or after the meeting. The waiver of notice or consent need not specify the purpose of the meeting. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meetings. Notice of a meeting need not be given by any Director who attends the meeting without protesting before or at its commencement the lack of notice to such Director. SECTION 5.10. ADJOURNMENT A majority of the Directors present, whether or not a quorum is present, may adjourn any meeting to another time and place. SECTION 5.11. NOTICE OF ADJOURNED MEETING Notice of the time and place of holding an adjourned meeting need not be given, unless the original meeting is adjourned for more than twenty-four (24) hours, in which case notice of any adjournment to another time and place shall be given before the time of the adjourned meeting to the Directors who were not present at the time of the adjournment. SECTION 5.12. ACTION WITHOUT MEETING Any action required or permitted to be taken by the Board may be taken without a meeting, if all members of the Board consent in writing to that action. Such action by written consent shall have the same force and effect as any other validly approved action of the Board. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. For the purposes of this Section 5.11 only, "all members of the Board" shall not include Directors who have a material financial interest in 990727 11393-00001 eeh 0102701.1 a transaction to which the Corporation is a party. SECTION 5.13. FEES AND COMPENSATION This Corporation shall not compensate directors, members of committees, officers or employees for their services, but may reimburse directors, members of committees, officers or employees for their reasonable and necessary expenses incurred on behalf of the Corporation, in accordance with such rules and procedures as may be established by the Board of Directors. ARTICLE VI COMMITTEES SECTION 6.01. COMMITTEES OF THE BOARD The Board, by resolution adopted by a majority of the Directors then in office, may create one or more committees, each consisting of two or more Directors, to serve at the pleasure of the Board. Appointments to committees of the Board shall be by majority vote of the Directors then in office. The Board may appoint one or more Directors as alternate members of any such committee, who may replace an absent member at any meeting. Any such committee, to the extent provided in the resolution of the Board, shall have all of the authority of the Board, except that no committee, regardless of Board resolution, may: (a) fill vacancies on the Board or in any committee which has the authority of the Board; (b) establish or fix compensation of the Directors for serving on the Board or on any committee; (c) amend or repeal Bylaws or adopt new Bylaws; (d) amend or repeal any resolution of the Board which by its express terms is not so amendable or repealable; (e) appoint any other committees of the Board or the members of these committees; (f) approve any contract or transaction to which the Corporation is a party and in which one or more of its Directors has a material financial interest, except as such approval is provided for in Section 5233(d)(3) of the California Corporations Code. SECTION 6.02. MEETINGS AND ACTIONS OF THE COMMITTEES Meetings and action of committees of the Board shall be governed by, held 990727 11393-00001 eeh 0102701.1 and taken in accordance with the provisions of Article V of these Bylaws, concerning meetings and other action of the Board, except that the time for regular meetings of such committees and the calling of special meetings thereof may be determined either by resolution of the Board or, if there is no Board resolution, by resolution of the committee of the Board. Minutes shall be kept of each meeting of any committee of the Board and shall be filed with the corporate records. The Board may adopt rules for the government of any committee not inconsistent with the provisions of these Bylaws or in the absence of rules adopted by the Board, the committee may adopt such rules. SECTION 6.03 EXECUTIVE COMMITTEE The Chairperson of the Board may appoint from the Board of Directors by seniority to serve for such terms and in such capacity as the Chair may desire an Executive Committee. The purpose of this committee shall be to aid the Chair in the operation of the Corporation and to perform such other duties and functions as may be directed by the Chair or the Board of Directors. ARTICLE VII OFFICERS SECTION 7.01. OFFICERS The officers of the Corporation shall include a President, a Secretary, and a Chief Financial Officer. The Corporation may also have, at the Board's discretion, a Chairperson of the Board, one or more Vice Presidents, one or more assistant Secretaries, one or more assistant Treasurers, and such other officers as may be appointed in accordance with Section 7.03 of these Bylaws. Any number of offices may be held by the same person, except that neither the Secretary nor the Chief Financial Officer may serve concurrently as either the President or the Chairperson of the Board. SECTION 7.02. ELECTION OF OFFICERS The officers of the Corporation, except those appointed in accordance with the provisions of Section 7.03 of this Article VII, shall be chosen by the Board of Directors, and each shall serve at the pleasure of the Board, subject to the rights, if any, of an officer under any contract of employment. SECTION 7.03. OTHER OFFICERS The Board may appoint and may authorize the Chairperson of the Board or the President or another officer to appoint other officers that the Corporation may requires, each of whom shall have the title, hold office for the period, have the authority and perform the duties specified in the Bylaws determined from time to time by the Board. SECTION 7.04. REMOVAL OF OFFICERS 990727 11393-00001 eeh 0102701.1 Subject to the rights, if any, of an officer under contract of employment, any officer may be removed, with or without cause, by the Board of Directors, or, except in case of an officer chosen by the Board of Directors, by an officer on whom such power of removal may be conferred by the Board of Directors. SECTION 7.05. RESIGNATION OF OFFICERS Any officer may resign upon written notice to the Corporation without prejudice to the rights, if any, of the Corporation under any contract to which the officer is a party. SECTION 7.06. VACANCIES IN OFFICE A vacancy occurring in any office because of death, resignation, removal or other cause, shall be filled in the manner prescribed in these Bylaws for regular appointments to that office. SECTION 7.07. RESPONSIBILITIES OF OFFICERS (a) Chairperson of the Board. if a Chairperson of the Board is elected, he or she shall preside at meetings of the Board and shall exercise and perform such other powers and duties as the Board may assign from time to time. If there is no President, the Chairperson of the Board shall also be the Chief Executive Officer and shall have the powers and duties of the President of the Corporation prescribed by these Bylaws. The Chairperson shall have a vote on all matters. (b) President/Chief Executive Officer. Subject to the control and supervision of the Board, the President shall be the Chief Executive Officer and general manager of the Corporation and shall generally supervise, direct and control the activities and affairs and the officers of the Corporation. The President, in the absence of the Chairperson of the Board, or if there be none, shall preside at all meetings of the Board. The President shall have such other powers and duties as may be prescribed by the Board or these Bylaws. (c) Vice Chairperson. In the absence or disability of the Chairperson, the Vice Chairperson shall perform all of the duties of the Chairperson, and, when so acting, shal I have all the powers of and be subject to all of the restrictions upon the Chairperson. 990727 11393-00001 eeh 0102701.1 (d) Secretary. (i) Book of minutes. The Secretary shall keep or cause to be kept, at the principal office or such other place as the Board may direct, a book of minutes of all meetings and actions of the Board and of committees of the Board. The Secretary shall also keep, or cause to be kept, at the principal office in the State of California, a copy of the Articles of Incorporation and Bylaws, as amended to date. The Secretary shall assist the Chairperson in the preparation of the agenda for the meetings, shall keep a full and complete record of the proceedings of all meetings of the Board of Directors and shall keep the seal of this Corporation and affix the same to such papers and instruments as may be required in the regular course of business, shall provide such notices as may be necessary and proper, shall supervise the keeping of the books of this Corporation and shall discharge such other duties as pertain to the office or as prescribed by the Board of Directors. (ii) Notices, seal and other duties. The Secretary shall give, or cause to be given, notice of all meetings of the Board and of committees of the Board required by these Bylaws to be given. The Secretary shall keep the seal of the Corporation in safe custody and shall have such other powers and perform such other duties as may be prescribed by the Board or the Bylaws. (e) Chief Financial Officer (Treasurer). (i) Books of account. The Chief Financial Officer of the Corporation shall keep or maintain, or cause to be kept or maintained, adequate and correct books and accounts of the properties and transactions of the Corporation, and shall send or cause to be sent to the Directors such financial statements and reports as are required by law or these Bylaws to be given. The books of account shall be open to inspection, by any Director at all reasonable times. The Chief Financial Officer shall submit an annual report to the Board on the first meeting in October of each year. In case of the absence or disability of the Chief Financial Officer, or his or her refusal or neglect to act, such notices may be provided by the chairperson, or by the vice -chairperson or by any person thereunto authorized by the chairperson or by the vice -chairperson, or by the Board of Directors. (ii) Deposit and disbursement of money and valuables. The Chief Financial Officer shall deposit all money and other valuables in the name and to the credit of the Corporation with such depositories as may be designated by the Board, shall disburse the funds of the Corporation as may be ordered by the Board, shall render to the President or Chairperson of the Board, if any, when requested, an account of all transactions as chief financial officer and of the financial condition of the Corporation and shall have other powers and perform such other duties as may be prescribed by the Board or the Bylaws. The Chief Financial Officer shall make a report annually of the uses of the Corporation funds and shall distribute copies to all Directors at the regular annual meeting held in March. (v) Bond. If required by the Board, the Chief Financial Officer 990727 11393-00001 eeh 0102701.1 shall give the Corporation a bond in the amount and with the surety or sureties specified by the Board for faithful performance of the duties of the office and for restoration to the Corporation of all its books, papers, vouchers, money and other property of every kind in the possession or under the control of the Chief Financial Officer upon death, resignation, retirement or removal from office. ARTICLE VIII INDEMNIFICATION OF DIRECTORS, OFFICERS, EMPLOYEES, AND OTHER AGENTS SECTION 8.01. DEFINITIONS For the purposes of this Article VIII, "agent" means any person who is or was a director, officer, employee, or other agent of the Corporation, or is or was serving at the request of the Corporation as a director, officer, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, or other enterprise; "proceeding" means any threatened, ending, or completed action or proceeding, whether civil, criminal, administrative, or investigative; and "expenses" includes without limitation attorneys' fees and any expenses of establishing a right to indemnification under Section 8.02 or 8.03 of this Article VIII. SECTION 8.02. INDEMNIFICATION IN ACTIONS BY THIRD PARTIES The Corporation shall have power to indemnify any person who was or is a party or is threatened to be made a party to any proceeding (other than an action by or in the right of the Corporation to procure a judgment in its favor, an action brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or an action brought by the Attorney General or a person granted relator status by the Attorney General for any breach of duty relating to assets held in charitable trust), by reason of the fact that such person is or was an agent of the Corporation, against expenses, judgments, fines, settlements, and other amounts actually and reasonably incurred in connection with such proceeding if such person acted in good faith and in a manner such person reasonably believed to be in the best interests of the Corporation and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful. The termination of any proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent shall not, of itself, create a presumption that the person did not act in good faith and in a manner which the person reasonably believed to be in the best interests of the Corporation or that the person had reasonable cause to believe that the person's conduct was unlawful. SECTION 8.03. INDEMNIFICATION 1N ACTIONS BY OR IN THE RIGHT OF THE CORPORATION The Corporation shall have the power to indemnify any person who was or is 990727 11393-00001 eeh 0102701.1 a party or is threatened to be made a party to any threatened, pending, or completed action by or in the right of the Corporation, or brought under Section 5233 of the California Nonprofit Public Benefit Corporation Law, or brought by the Attorney General or a person granted relator status by the Attorney General for breach of duty relating to assets held in charitable trust, to procure a judgment in its favor by reason of the fact that such person is or was an agent of the Corporation, against expenses actually and reasonably incurred by such person in connection with the defense or settlement of such action if such person acted in good faith, in a manner such person believed to be in the best interests of the Corporation, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. No indemnification shall be made under this Section 8.03. (a) In respect of any claim, issue, or matter as to which such person shall have been adjudged to be liable to the Corporation in the performance of such person's duty to the Corporation, unless and only to the extent that the court in which such proceeding is or was pending shall determine upon application that, in view of all the circumstances of the case, such person is fairly and reasonably entitled to indemnity for the expenses which such court shall determine; (b) Of amounts paid in settling or otherwise disposing of a threatened or pending action, with or without court approval; or (c) Of expenses incurred in defending a threatened or pending action which is settled or otherwise disposed of without court approval, unless it is settled with the approval of the Attorney General. SECTION 8.04, INDEMNIFICATION AGAINST EXPENSES To the extent that a agent of the Corporation has been successful on the merits in defense of any proceeding referred to in Section 8.03 or 8.04 of this Article VIII or in defense of any claim, issue, or matter therein, the agent shall be indemnified against expenses actually and reasonably incurred by the agent in connection therewith. SECTION 8.05. REQUIRED DETERMINATIONS Except as provided in Section 8.04 of this Article Vlll any indemnification under this Article Vlll shall be made by the Corporation only if authorized in the specific case, upon a determination that indemnification of the agent is proper in the circumstances because the agent has met the applicable standard of conduct set forth in Section 8.02 or 8.03 of this Article VIII, by: (a) A majority vote of a quorum consisting of directors who are not parties to such proceeding; or (b) The court in which such proceeding is or was pending upon application made by the Corporation or the agent or the attorney or other person rendering services in 990727 11393-00001 eeh 0102701.1 connection with the defense, whether or not such application by the agent, attorney, or other person rendering services in connection with the defense, is opposed by the Corporation. If the Board cannot authorize indemnification because the number of Directors who are parties to the proceeding with respect to which indemnification is sought is such as to prevent the formation of a quorum of Directors who are not parties to such proceeding, the Board or the attorney or other person rendering services in connection with the defense shall apply to the court in which such proceeding is or was pending to determine whether the applicable standard of conduct set forth in Section 5238(b) or Section 5238(c) has been met. SECTION 8.06, ADVANCE OF EXPENSES Expenses incurred in defending any proceeding may be advanced by the Corporation prior to the final disposition of such proceeding upon receipt of an undertaking by or on behalf of the agent to repay such amount unless it shall be determined ultimately that the agent is entitled to be indemnified as authorized in this Article Vill. SECTION 8.07. OTHER INDEMNIFICATION No provision made by the Corporation to indemnify its or its subsidiary's directors or officers for the defense of any proceeding, whether contained in these Bylaws, a resolution of directors, an agreement, or otherwise, shall be valid unless consistent with this Article VIII. Nothing contained in this Article Vill shall affect any right to indemnification to which persons other than such directors and officers may be entitled by contract or otherwise. SECTION 8.08. FORMS OF INDEMNIFICATION NOT PERMITTED No indemnification or advance shall be made under this Article Vill, except as provided in Section 8.04 or 8.05(b), in any circumstances where it appears: (a) That it would be inconsistent with a provision of the Articles of Incorporation, these Bylaws, or an agreement in effect at the time of the accrual of the alleged cause of action asserted in the proceeding in which the expenses were incurred or otherwise amounts were paid, which prohibits or otherwise limits indemnification; or (b) That it would be inconsistent with any condition expressly imposed by a court in approving a settlement. SECTION 8.09 INSURANCE The Corporation shall have power to purchase and maintain insurance on behalf of any agent of the Corporation against any liability asserted against or incurred by the agent in such capacity or arising out of the agent's status as such whether or not the Corporation would have the power to indemnify the agent against such liability under the 990727 11393-00001 eeh 0102701.1 provisions of this Article VIII, provided, however, that a Corporation shall have no power to purchase and maintain such insurance to indemnify any agent of the Corporation for a violation of Section 5233 of the California Nonprofit Public Benefit Corporation Law. SECTION 8.10. NONAPPLICABILITY TO FIDUCIARIES OF EMPLOYEE BENEFIT PLANS This Article VIII does not apply to any proceeding against any trustee, investment manager, or other fiduciary of an employee benefit plan in such person's capacity as such, even though such person may also be an agent of the Corporation as defined in Section 8.01 of this Article Vlll. The Corporation shall have power to indemnify such trustee, investment manager or other fiduciary to the extent permitted by subdivision (f) of Section 207 of the California General Corporation Law. ARTICLE IX RECORDS AND REPORTS SECTION 9.01. MAINTENANCE OF CORPORATE RECORDS The Corporation shall keep: (a) Adequate and correct books and records of account; (b) Minutes in written form of the proceedings of the Board and committees of the Board. (c) If applicable, a record of its members, giving their names and addresses and the class of membership held. SECTION 9.02. INSPECTION BY DIRECTORS Every Director shall have the absolute right at any reasonable time to inspect all books, records and documents of every kind and the physical properties of the Corporation and the records of each of its subsidiary Corporations. This inspection by a Director may be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. SECTION 9.03. ANNUAL REPORT Except as provided under Section 6321(c)(d) or (f) of the California Corporations Code, not later than one hundred twenty (120) days after the close of the fiscal year of the Corporation, the Board shall cause an annual report to be sent to all members of the Board. Such report shall contain the following information in reasonable detail: 990727 11393-00001 eeh 0102701.1 (i) The assets and liabilities, including the trust funds, of the Corporation as of the end of the fiscal year. (ii) The principal changes in assets and liabilities, including trust funds, during the fiscal year. (iii) The revenue or receipts of the Corporation, both unrestricted and restricted to particular purposes, for the fiscal year. (iv) The expenses or disbursements of the Corporation, for both general and restricted purposes, during the fiscal year. (v) Any information required by Section 9.04. SECTION 9.04. ANNUAL STATEMENT OF CERTAIN TRANSACTIONS AND INDEMNIFICATIONS The Corporation shall prepare annually and furnish to each director a statement of any transaction or indemnification of the following kind within one hundred twenty (120) days after the close of the fiscal year of the Corporation: (a) Any transaction to which the Corporation, its parent or its subsidiary was a party, and in which any Director or officer of the Corporation, its parent or subsidiary (but mere common directorship shall not be considered such an interest) had a direct or indirect material financial interest, if such transaction involved over fifty thousand dollars ($50,000), or was one of a number of transactions with the same person involving, in the aggregate, over fifty thousand dollars ($50,000). (b) Any indemnifications or advances aggregating more than ten thousand dollars ($10,000) paid during the fiscal year to any officer or Director of the Corporation pursuant to Article VIII hereof. The statement shall include a brief description of the transaction, the names of the Director(s) or officer(s) involved, their relationship to the Corporation, the nature of such person's interest in the transaction and, where practicable, the amount of such interest; provided, that in the case of a partnership in which such person is a partner, only the interest of the partnership need be stated. ARTICLE X SECTION 10.01. INVESTMENT TRUSTEE The Finance Officer of the City of Diamond Bar shall serve as the Investment Trustee for the Foundation. He/She shall have the powers and authority set out below. SECTION 10.02. POWERS OF TRUSTEE 990727 11393-00001 eeh 0102701.1 (a) In General. The powers of the Investment Trustee shall be limited to investment of the Corporation property. (b) Discretionary Powers. The Investment Trustee shall have the following discretionary powers: (i) To hold the principal and all money or property given to the Trustee to invest and re -invest, unless the deed or legacy of a particular gift or gifts specifically authorized or requires its retention and/or use for a specific purpose. (ii) To invest and re -invest the principal and undistributed income of the funds on deposit with the Trustee in such property, real, personal or mixed and in such a manner as it shall deem proper for the growth of capital and the production of income, and from time to time change investments as he/she shall deem advisable; to invest in or retain any stocks, share, bonds, notes, obligations or personal or real property bonds, notes, obligations, or personal or real property (including, without limitation, any interest in or obligations of any corporations, association, business trust, investment trust, common trust fund or investment company) although some or all of the property so acquired or retained is of a kind or size which, but for this express authority, would not be considered proper and although all of the Corporation funds are invested in one company. No principal or income shall be loaned, directly or indirectly, to the Investment Trustee or any member of the Board or to anyone else, corporate or otherwise, who has at any time made a contribution to this Corporation, nor anyone except on the basis of a minimum of the current market interest rate and with adequate security. (iii) To sell, lease, or exchange any personal, mixed or real property at public auction or by private contact, for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertakings relating to the Corporation property, as it considers advisable, whether or not such leases or contracts may extend beyond the duration of the Corporation. (iv) To borrow money for such periods, at such rates of interest, and upon such terms as it considers advisable, and as security for such loans to mortgage or pledge any real or personal property with or without power of sale; to acquire or hold any real or personal property, subject to any mortgage or hold any real personal property, subject to any mortgage or pledge on or of property acquired or held by the Corporation. (v) To execute and deliver deeds, assignments, transfers, mortgages, pledges, leases, covenants, contracts, promissory notes, releases, and other instruments, sealed or unsealed, incident to any transaction in which it engages. (vi) To vote, to give proxies, to participate in the reorganization, merger or consolidation of any concern or in the reorganization, merger or consolidation of any concern or in the sale, lease, disposition, or distribution of its asset; to join with other security holders in acting through a committee, depository, voting trustees, or otherwise 990727 11393-00001 eeh 0102701.1 and in this connection to delegate authority to such committee, depository, trustees and to deposit securities with them or transfer securities to them; to pay assessments levied on securities or to exercise subscription rights in respect of securities. (vii) To hold property without indication of fiduciary capacity but only in the name of a registered nominee, provided the property is at all times identified as such on the books of the Corporation; to keep any and all of the corporate property or funds in any place or places in the United States of America. SECTION 10.03. ACCOUNTING The Investment Trustee shall render an accounting of the investment transaction concerning the Corporation to the Board of Directors at least annually. No person or entity other than the Board of Directors may require an accounting or bring any action against the Investment Trustee with respect to the Corporation or its assets. The Investment Trustee may at any time initiate legal action or proceedings for the settlement of its accounts and, except as otherwise required by law, the only necessary party defendant to such action or proceedings shall be the Board of Directors. SECTION 10.04. POWERS OF BOARD OF DIRECTORS (a) In General. The Board of Directors, without prejudice to the discretionary powers granted to the Investment Trustee in this Article X, shall have the duty and right to supervise the investments and activities of the Investment Trustee. (b) Specific Powers. The Board of Directors have the following powers with regard to the funds controlled by the Investment Trustee and with respect to the activities and performance of the Investment Trustee: (i) To modify any restriction or condition on the distribution of funds for any specified charitable purposes or to specified organizations, if in their sole judgment (without the approval of any trustee, custodian or agent), such restriction or condition becomes unnecessary, incapable of fulfillment or inconsistent with the charitable or public benefit needs of the City of Diamond Bar, (ii) To replace any participating trustee, custodian or agent for breach of fiduciary duty under the laws of the State of California; and (iii) To replace any participating trustee, custodian or agent for failure to produce a reasonable (as determined by the Board of Directors) return of net income (or appreciation when not inconsistent with the Corporation's need for current income) with due regard to safety of principal, over a reasonable period of time (as determined by the Board of Directors); (iv) In determining whether there is a reasonable return of net income with respect to the exercise of the power described in subparagraph (iii) above, 990727 31393-00001 eeh 0102701.1 (1) there shall be excluded from such determination such assets as are held for the active conduct of the Corporation's exempt activities, and (2) such determination shall be made separately with respect to the restricted fund and shall be made in the aggregate with respect to the unrestricted funds of the Corporation. A "restricted fund" means a fund, of any income of which has been designated by the donor of the gift or bequest to which such income is attributable as being available only for the use or benefit of a named charitable organization or agency or for the use or benefit of a particular class of charitable organizations or agencies, the members of which are readily ascertainable and are less than five (5) in number; (v) If it appears that there may be grounds for exercising the power described in subparagraphs (ii) or (iii) of paragraph (b) of this Article with respect to any fund, the Board of Directors shall notify the participating trustee, custodian or agent involved and provide a reasonable opportunity for explanation and/or correction. Before exercising the power granted to the Board of Directors under subparagraphs (ii) or (iii) of paragraph (b) of this Article, the Board of Directors may seek advice of legal counsel as to whether a breach or failure has been committed under the laws of the State of California. The Board of Directors shall exercise a power described in this Article only upon the vote of a majority of the members of the Board of Directors; and NO Upon the exercise of the power under subparagraphs (ii) or (iii) of paragraph (b) of this Article to replace any participating trustee, custodian, or agent, the Board of Directors shall have the power to select a successor trustee, custodian or agent to whose custody the fund or funds held by the former trustee, custodian or agent shall be transferred. 990727 11393-00001 eeh 0102701.1 ARTICLE XI AMENDMENTS SECTION 11.01. AMENDMENT OF BYLAWS A simple majority of the Board may amend the Bylaws at any meeting subject to the appFeyal of the Git�-Geuneil of the City ef Diamend Baf:. However, no such amendment or modification shall alter the iRtentieR that this CeFperafleA be operated e)(Cziusiyely ie implement the adepted Parks MasteF Plan, - 14, i Fal, FeEreati@Aal and h.uma., moo..,,,.,, ,.r „�o� -,.,,� se • �� N�r" mission of this Corporation as set forth in Section 5.03 and/or affect in any manner which shall make this Gt' the tax exempt status of this OFganiz Corporation and the donations to it deductible from taxable income to the extent allowed by the provisions of the Code and other applicable legislation and regulations as they now exist or as they may be amended in the future. Every amendment or modification of these Bylaws shall be in writing, shall be signed by a majority of the Board of Directors then serving and shall be delivered to each of the members of the Board then in office and to the Investment Trustee then in office. The term "majority," as used in this Section, is as defined in the California Nonprofit Corporation Law. SECTION 11.02. MAINTENANCE OF RECORDS The Secretary of the Corporation shall see that a true and correct copy of all amendments of the Bylaws, duly certified by the Secretary, is attached to the official Bylaws of the Corporation and is maintained with the official records of the Corporation at the principal office of the Corporation. ARTICLE XII PROXIES Each member of the Board of Directors shall have one vote. There shall be no proxy voting permitted for the transaction of any of the business of this Corporation. ARTICLE XIII CONSTRUCTION AND DEFINITIONS Unless the context otherwise requires, the general provisions, rules of construction and definitions in the California Nonprofit Public Benefit Corporation Law shall govern the construction of these Bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular includes the plural and the plural includes the singular and the term "person" includes both a legal entity and a natural person. 990127 12393-00001 eeh 0102701.1 ARTICLE XIV MISCELLANEOUS SECTION 14.01. EXECUTION OF CHECKS AND DRAFTS All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness, issued in the name of or payable to the Corporation, shall be signed or endorsed by such person or persons and in such manner as, from time to time, shall be determined by resolution of the Board of directors. SECTION 14.02. EXECUTION OF CONTRACTS The Board of directors, except as otherwise provided in these Bylaws, may authorize any officer or officers, agent or agents, to enter into any contract or execute any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances; and unless so authorized by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the Corporation by any contract or engagement or to pledge its credit to render it liable for any purpose or to any amount. SECTION 14.03. REPRESENTATION OF SHARES OF OTHER CORPORATIONS The President or any Vice President or the Secretary or Assistant Secretary of the Corporation from time to time designated by general resolution of the Board of Directors, and acting individually and without necessity for specific resolution, are authorized to vote, represent and exercise on behalf of the Corporation all rights incident to any and all shares of any other corporation or corporations standing in the name of the Corporation. The authority herein granted to such officers to vote or represent on behalf of the Corporation any and all shares held by the Corporation in any other corporation or corporations may be exercised either by such officers in person or by any person authorized so to do by proxy or power of attorney duly executed by such officers. SECTION 14.04. LIABILITY OF DIRECTORS AND INVESTMENT TRUSTEE No Investment trustee or member of the Board of Directors shall be answerable for loss in investment made in good faith. No Investment Trustee or Member of the Board of Directors shall be liable for the act of omissions of any other member of the Board, or of any accountant, agent, counsel or custodial selected with reasonable care. Each Investment Trustee or member of the Board shall be fully protected in acting upon any instrument, certificate or paper, believed by him/her to be genuine and to be signed or presented by the proper person or persons and no Investment Trustee or member of the Board shall be under any duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as conclusive evidence of the truth 990727 11393-00001 eeh 0102701.1 and accuracy of the statement therein contained. SECTION 14.05. CERTIFICATE OF SECRETARY A Certificate of the Secretary of this Corporation shall be affixed to the original, or most recent amended version of the Bylaws, such Certificate to be in the following form. CERTIFICATE OF SECRETARY certify that 1 am the duly elected and acting Secretary of the Diamond Bar Community Foundation, a California Nonprofit Public Benefit Corporation, that the above bylaws, consisting of twenty-four (24 ) pages, are the bylaws of this Corporation as adopted by the board of directors on, and that they have not been amended or modified since that date. Executed on at Diamond Bar, California. Secretary 990727 11393-00001 eeh 0102701,1 March 10, 2005 Mr. Mike Guise Regional Governmental Affairs Manager Adelphia Communications Dear Mr. Guise: As you are aware, the current Franchise Agreement between the City of Diamond Bar and Adelphia Communications for cable television service is currently within the three year formal review window. During this period, the City, in cooperation with Communications Support Group, Inc., has undertaken the task of conducting a performance ascertainment of Adelphia's compliance to the municipal code and Franchise Agreement. The findings of this evaluation have brought several critical matters to our attention, including instances of non-compliance. As stated in Section 4 of Exhibit D of the Franchise Agreement, "a repeated and verifiable pattern of non-compliance with the consumer protection standards of Sections 1 and 2 may be deemed a violation of the franchise, subject to any and all remedies as prescribed in the agreement and applicable law." Please find enclosed a copy of the audit which provides notice of material breach of the Franchise Agreement pursuant to Section 11 of the ordinance for multiple non-compliance issues. Section 1a of Exhibit D of the Franchise Agreement provides that "a minimum of ninety percent (90%) of all calls will be answered before the fourth ring, and callers will not be required to wait more than thirty (30) seconds before being connected to a service representative." Based on information provided to us by Adelphia Communications, as well as data gathered in the course of our audit, Adelphia has failed to meet the standards of the agreement on a monthly basis since April of 2004. Such information is indicative of consistent and prolonged non-compliance. Consistent with Section 10.4 of the Franchise Agreement, Adelphia must provide certified and complete financial, business, and subscriber complaint and subsequent action reports for the previous year on or before March 1 of each calendar year to remain in compliance. As of the date of this letter, the appropriate documents for the years 2003 and 2004 have yet to be received by the City. Continued failure to apply to material terms of the Franchise Agreement may result in liquidation damages. In addition to the non-compliance issues expanded upon above, the audit uncovered several other issues under cover of partial compliance, unknown compliance, or past non-compliance which may be subject to further penalties. To discuss corrective measures, and the assessment of appropriate penalties, we request your attendance at a meeting scheduled for If you have any questions or concerns, please feel free to contact me at 909-839-7016 Sincerely, Ryan McLean Senior Management Analyst City of Diamond Bar Study Session r� I MEMORANDUM nre�IorrnYa�u COMMUNITY & DEVELOPMENT SERVICES PUBLIC WORKS/ENGINEERING DIVISION TO: Honorable Mayor and Members of the City Council FROM: David Liu, Director of Public Works V\/ VIA: Debbie Gonzales, Administrative Assistant Linda C. Lowry, City Manager DATE: March 15, 2005 RE: ILLUMINATED STREET NAME SIGNS AT SIGNALIZED INTERSECTIONS CC: David Doyle, Assistant City Manager Jim DeStefano, Assistant City Manager In FY 200412005, $200,000.00 has been appropriated for the installation of illuminated street name signs at twenty (20) intersections. As part of the Citywide Beautification Program, the intersections include entry points into the City and the more heavily traveled junctions. The following is a listing of the twenty (20) proposed intersections: 1. Brea Canyon Rd @ Golden Springs Drive 2. Brea Canyon Rd @ Washington Street 3. Chino Hills Parkway @ Chino Avenue 4. Diamond Bar Blvd. @ Brea Canyon Rd 5. Diamond Bar Blvd. @ Golden Springs Drive 6. Diamond Bar Blvd. @ Grand Avenue 7. Diamond Bar Blvd. @ Pathfinder Road 8. Golden Springs Dr. @ Copley Drive 9. Golden Springs Dr. @ Gateway Center Drive 10. Golden Springs Dr. @ Lemon Avenue 11. Grand Ave. @ Diamond Bar Center 12. Grand Ave. @ Golden Springs Drive 13. Grand Ave. @ Longview Drive 14. Grand Ave. @ Montefino Drive 15. Grand Ave, @ Summitridge Drive 16. Lemon Ave. @ Lycoming Street 17. Pathfinder Rd. @ Brea Canyon Rd. 18. Pathfinder Rd. @ Brea Canyon Rd (by school) 19. Sunset Crossing Rd. @ Diamond Bar Boulevard 20. Sunset Crossing Rd. @ Golden Springs Drive As proposed, the new signs will have a green background with white street name lettering. A City logo will be placed on the sign along with "City of Diamond Bar". Samples of three designs have been made (please review attachments). • Attachment A: "Nuevo" logo in golden circle on left with "Diamond Bar" beneath logo. • Attachment B: "Windmill" on left with "City of Diamond Bar" written beneath street name. • Attachment C: Modified original logo with "Diamond Bar" written across the diamond. In 2001, as part of the Citywide Beautification Program, the Council approved a design for new residential street name signs. The design included the City's color logo prominently displayed in a peak in the center of the blade. The background color is a deep green with a white/silver band around the edge of the blade. This residential street name sign replacement program was installed in 2001 and 2002. Staff has obtained estimates from three sign vendors ranging from $91.25 to $121.00 per panel for material and printing costs. This averages out to be $110. Each housing unit holds two street name panels and contains the electrical equipment and brackets attached to the traffic signal mastarm. During our site visits, staff noted a number of existing housing units are in need of replacement. Most of the housing units were installed prior to Diamond Bar cityhood. The County of Los Angeles used assorted manufacturers of the housing units over the years; so a variety of styles and quality can be seen throughout the City. Estimated costs for the housing unit range from $800 to $1,500 per unit depending on the length of the street name. The average cost is $1,100. Labor and equipment estimates obtained from three vendors to install only the panels range from $60 to $119 per panel (8 panels per intersection). With an average cost of $90, total estimated costs for the project with no replacement of housing unit are: Individual Panel Installation Total Cost Per Without Panel Housing $110.00 $90.00 $200.00 To replace the housing and two panels, the labor and equipment costs range from $139 to $290 per mastarm (4 mastarms per intersection), with an average cost of $193. The estimated average costs for a typical panel sized at 72" x 18" with replacement of housing unit are: I•, Individual Housing Unit Panel $110 x 2 $220.00 $1,100.00 The estimated average costs for the project are: Panel Without Housing Panel With AHI Housing Units Replaced Installation With Housink- $193.00 $200 x 8 panels x 20 intersections $1,513.00 x 4 mastarms x 20 intersections Total Cost Per Mastarm $1,513.00 $32,000.00 $121,040.00 Staff proposes to replace all of the housing units to upgrade and maintain consistency throughout the City. The $200,000 appropriated for the project should more than cover the costs for replacement of panels and housings at the twenty (20) intersections. To fully utilize the appropriated amount of $200,000, staff would also like to proceed with additional intersections (approximately 10 to 15, depending on the actual bids). The tentative schedule is as follows: April 4 RFP out for bid April 19 Bids due May 3 Award contract July Project completion RECOMMENDATION: To maintain consistency with our established logo with a diamond "theme" on the residential street name, staff recommends the sample shown in Attachment "C" as the panel design for the City's new illuminated street name signs. 3 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: i� f ' DATE: ADDRESS: PHONE:\L��a ORGANIZATION: �jlJWlrtS��d�3 ,�. i� AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. ,:;2 ................ Signature