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6/21/2005
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. 2005-30 Next Ordinance No. 08(2005) STUDY SESSION: 5:00 p.m., Room CC -8 ♦ Community Facilities District Issues ♦ In -House Building and Safety Discussion ♦ 2005-06 Budget Recap Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: 6:30 p.m. Mayor Darlene Jones, Pastor Outreach Diamond Canyon Christian Church ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor POST ELECTION PROCEDURE: Adopt Resolution No. 2005 -XX: Reciting the Fact of the Special Election Held on June 7, 2005, and Declaring the Result and Such Other Matters as Provided by Law. Recommended Action: Adopt. Requested by: City Clerk Swearing-in Ceremony— Honorable Sam Ohta, Judge of the Los Angeles County Superior Court. RECESS: RECONVENE: SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None JUNE 21, 2005 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may brigft respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS AND RECREATION COMMISSION — June 23, 2005 — 7:00 p.m., Hearing Board Room, AQMDIGovernment Center, 21865 Copley Dr. 5.2 PLANNING COMMISSION MEETING — June 28, 2005 — 7:00 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 5.3 CONCERTS IN THE PARK Soundbytes (60's -90's)-- June 29,2005— 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.4 CITY COUNCIL MEETING -- July 5, 2005 — 6:30 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 5.5 INDUSTRY BUSINESS CENTER TOWN HALL MEETING — July 7, 2005 — 6:30 PM — Neil Armstrong Elementary School, 22750 Beaverhead Dr. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES: 6.1 .1 Study Session of June 7, 2005 - Approve as submitted. 6.1.2 Regular Meeting of June 7, 2005 — Approve as submitted 6.2 Ratification of Check Register — Ratify Check Register dated June 16, 2005 in the amount of $502,400.37. 6.3 Reject Claim for Damages: 6.3.1 Thomas S. Craver on April 8, 2005. JUNE 21, 2005 PAGE 3 Recommended Action: Reject. 6.3.2 Gabrielle L. Storer on April 26, 2005. Recommended Action: Reject Requested by. City Manager 6.4 Transmittal of Audit Report of Air Quality Improvement Fund (AB2766) for FY 02-03. Recommended Action: Receive and File Requested by: Finance Division 6.5 Approve Amendment No. 3 to Contract with Valley Crest Landscape Maintenance at Five Locations for FY 2005106 in the Amount of $217,680, which includes a 3.2% C.P.I. Increase; Plus a Contingency Amount of $50,000 for As -Needed Work. Recommended Action: Approve. Requested by: Community Services Department 6.6 Extension of City -Wide Graffiti Removal Contract with Graffiti Control Systems for FY 2005106 in the amount of $45,000. Recommended Action: Approve. Requested by: Planning Department 6.7 Extension of Professional Services Agreement with LDM for Home Improvement Program Administrative Support Services in the amount of $23,800. Recommended Action: Approve. Requested by: Neighborhood Improvement Division 6.8 Approve Extension of Contract with Diversified Paratransit, Inc. for FY 2005-06 Diamond Ride (Dial -A -Cab) Service with a $.20 Rate Increase for the Flag Drop and a $.20 Rate Increase for the Per Mile Meter Rate. Recommended Action: Approve Requested by. Public Works Department JUNE 21, 2005 PAGE 4 6.9 Approval of Extension of Vendor Services Contract with D.H. Maintenance Services to Provide Janitorial and Building Maintenance Services at the Diamond Bar Center, Heritage Park Community Center and Pantera Park Activity Room in the Amount Not to Exceed $175,194 for FY 2005-06. Recommended Action: Approve. Requested by: Community Services Division 6.10 Approve Plans and Specifications and Award a Contract for the Area 1 Slurry Seal Project to Doug Martin Contracting Co., Inc in the amount of $524,529; and Authorize a Contingency Amount of $23,000 for Project Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $547,529. Recommended Action: Approve and Award Requested by: Public Works Department 6.11 Adopt Resolution No. 2005 -XX: Authorizing, Appropriating, and Approving the Sale of $500,000 of Prop A Funds (Local Return Transit Funds) to the City of Commerce in Exchange for General Funds. Recommended Action: Adopt. Requested by: Public Works Division 6.12 Award of Contract to Inland Roundball Officials to Officiate the Diamond Bar Basketball Program from July 1, 2005 through June 30, 2005 for an amount not to exceed $30,000. Recommended Action: Award. Requested by: Community Services Division 6.13 Award of Construction Contract to Environmental Construction, Inc. for Construction of Improvements at Various Medians and Pantera Park Picnic Shelters in the Amount of $688,552.20 Plus an 8% Contingency Amount of $55,082.80 for Total Authorization of $743,635; Plus Approval of Appropriation of $28,000 of Prop 12 Funds, $47,600 of LLAD #38 Funds, $33,160 of LLAD #41 Funds, and $15,000 of General Fund Tree Planting Funds to Complete Funding of this Project. Recommended Action: Award, Authorize and Appropriate Funds Requested by: Community Services Division JUNE 21, 2005 PAGE 5 6.14 Authorization for D&J Municipal Services to Perform Inspection and Plan Check Services for Various Medians and Pantera Park Picnic Shelters Project in the Not -to Exceed Amount of $15,125. Recommended Action: Authorize Requested by: Community Services Division 6.15 Approval for TruGreen Landcare to Complete an Additional $15,000 of As -Needed Work in 2004105 FY and $40,000 of As -Needed Work in 2005- 06 FY as Authorized by City Staff to Complete Work Necessary for the City -Wide Landscape Maintenance Contract. Recommended Action: Approve Requested by: Community Services Department 6.16 Award of Contract in the Amount of $437,622.55 Plus 4.8% Contingency Amount of $21,006 for Total Authorization of $458,628.55 to CS Legacy Construction, Inc. for Construction of Improvements at Sycamore Canyon Park Trail and Trailhead, Plus Approval of Appropriation of $50,000 of Prop 40 Funds and $120,261 of Prop A "Safe Parks Act" Funds to Fully Fund the Project. Recommended Action. Award and Appropriate Funds Requested by. Community Services Department 6.17 Second Reading of Ordinance 07(2005): Amending Title 15 of the Diamond Bar Code Adopting by Reference the California Electrical Code 2004 Edition and Appendices Togetherwith Certain Amendments, Additions, Deletions and Exemptions including Fees and Penalties. Recommended Action: Approve and Adopt. Requested by: Building and Safety Division 6.18 Approve Amendment No. 3 to the Contract with Excel Landscape for Landscape Maintenance Services at Nine Locations in LLAD #38 for FY 2005-06 in the Amount of $29,371.08; Plus a Contingency Amount of $5,000 for As -Needed Work. Recommended Action: Approve Requested by: Community Services Division JUNE 21, 2005 PAGE 6 6.19 Authorization for D&J Municipal Services to Perform Inspection and Plan Check Services for the Sycamore Canyon Park Trail and Trailhead Project in the Not -to -Exceed amount of $12,350. Recommended Action: Authorize Requested by: Community Services Division 6.20 Approval of Amendment No. 2 to the Contract with Hirsch and Associates for Architect Services to Extend the Term of Agreement to December 31, 2006. Recommended Action: Approve. Requested by: Community Services Division 6.21 Award of Contract for Illuminated Street Name Signs Project in the Amount of $199,655 to Pouk & Steinle, Inc., and Authorize a Contingency Amount of $20,000 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $219,655. Recommended Action: Award Requested by: Public Works Department 6.22 Authorize Transfer of Funds from the FY 2004-05 Public Works Operating Budget to the Vehicle Equipment Replacement Fund for Purchase of a Public Works Truck in the Next Fiscal Year. Recommended Action: Approve Requested by: Public Works Department 6.23 Approve Contract with Microsoft Corporation for Enterprise License Agreement ($55,000) Recommended Action: Approve Requested by: Information Systems Department 6.24 (a) Adopt Resolution No. 2005 -XX: Calling and Giving Notice of a General Municipal Election to be Held on Tuesday, November 8, 2005, for the Election of Certain Officers (3 City Council Seats) as Required by the Provisions of the Laws of the State of California Relating to General Law Cities. JUNE 21, 2005 PAGE 7 Recommended Action: Adopt (b) Adopt Resolution No. 2005 -XX: Requesting the Board of Supervisors of the County of Los Angeles to Consolidate a General Municipal Election to be held on November 8, 2005 with the School Elections to be held on the Date Pursuant to Section 10403 of the Elections Code. Recommended Action: Adopt (c) Adopt Resolution No. Candidates for Elective Office Submitted to the Voters at November 8, 2005. Recommended Action: Adopt Requested by: City Manager 2005 -XX: Adopting Regulations for Pertaining to Candidates Statements an Election to be held on Tuesday, 6.25 (a) Adopt Resolution No. 2005 -XX: Approving and Adopting a Budget for the City of Diamond Bar for the Fiscal Year Commencing July 1, 2005 and Ending June 30, 2006 Including Maintenance and Operations, Special Funds and Capital Improvements and Appropriating Funds for Accounts, Departments, Divisions, Objects and Purposes Therein Set Forth. Recommended Action: Adopt (b) Adopt Resolution No. 2005-XX:Setting the Prop 4 (Gann) Appropriations Limit for FY 2005-06 for the City in Accordance with the Provisions of Division 9 of Title 1 of the Government Code. Recommended Action: Adopt (c) Adopt Resolution No. 2005 -XX: Adopting the Statement of Investment (Investment Policy). Recommended Action: Adopt Requested by: Finance Department 6.26 (a) Adopt Resolution No. 2005 -XX: Establishing Salary Ranges for All Classes of Employment Effective the Pay Period Commencing July 1, 2005; Rescinding Resolution No. 2005-19 in its Entirety. Recommended Action: Adopt JUNE 21, 2005 PAGE 8 (b) Adopt Resolution No. 2005 -XX Setting Forth Personnel Rules and Regulations and Rescinding Resolution No. 2004-29 in its Entirety. Recommended Action: Adopt Requested by: City Manager 7. PUBLIC HEARINGS: 7.1 Adopt Resolution No. 2005 -XX Establishing a Fee for Business Registration and Business Registration Renewal and Amending the Existing Fee Schedule to Include Business Registration Fees and Reduce the Zone Clearance Fee for a Business Concurrently Registering and Obtaining a Zone Clearance. (Public Hearing Continued from May 3, 2005). Recommended Action: Continue the Public Hearing, receive Testimony and Adopt. Recommended by: Planning Division 7.2 Adopt Resolution No. 2005 -XX: Approving TTM 062482, Development Review No. 2005-05 and Tree Permit 2005-03 for the Construction of 180 Condominiums on 14.3 Acres of Land in the Specific Plan Sub-PA2, and 3 Zones; to Remove up to 20 Oak Trees; and to Retain 25.5 Acres of Vacant Land in Specific Plan Sub -PA 4 Zone as Open Space. The Project Site is Located on the West Side of Grand Ave., south of Golden Spgs. Dr. — APN: 8293-045-04 and 05. The Proposed Development Including the Removal of Trees is Consistent with and is an Implementation of the Diamond Bar Specific Plan Approved by the City Council on June 29, 2004. Recommended Action: Open, Public Hearing, receive testimony and Adopt. Recommended by: Planning Division 8. COUNCIL CONSIDERATION: 8.1 Consider First Reading of Ordinance No. 0X(2005): Amending the Rules for Publicly -Owned or Publicly -Operated Skateboard Facilities. Recommended Action: Approve First Reading by title only, waive full reading of Ordinance No. 0X(2005). — Staff has alternative recommendation. Requested by: Parks and Recreation Commission JUNE 21, 2005 PAGE 9 8.2 Adopt Resolution No. XX -2005 Approving the Youth Master Plan Recommended Action: Adopt Requested by: Community Services Department 8.3 Nominate a Diamond Bar Resident to fill a Vacancy on the Public Safety Committee. Recommended Action: Nominate Requested by: LA County Sheriffs Department 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10, ADJOURNMENT: INTEROFFICE Study Session No. 1 k / 415 UZoxn an t MEMORANDUM COMMUNITY &DEVELOPMENT SERVICES PLANNING DIVISION TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager SUBJECT: Community Facilities District (CFD) DATE: .lune 16, 2005 Attached is a copy of a power point presentation regarding Community Facilities District that the City's consultant, Muni Financial, will present to the City Council on June 21, 2005. Also attached is a copy of Lewis -Diamond Bar LLC's version of the plan. Attachments LEWIS - DIAMOND BAR LLC POWER POINT PRESENTATION ON COMMUNITY FACILITIES DISTRICT Attachment: Proposed Financial Plan City Council Study Session June 21, 2005 D P F G DEVELOPMENT PLANNING & FINANCING GROUP, INC. .lune 9, 2005 Mr, James DeStefano Deputy City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 27127 CALLS ARROYO, St ITI", 1910 SAN ICIAN C:APISTRANO, CA 92675 TEL: (949) 388-9260 FAX (949) 388-0272 w%viv.dpfg.com Re: City of Diamond Bar Community .Facilities District Proposal (Diamond Bar Village) — Tract No. 062482 Dear Mr. DeStcfano: 1 am sending this Community Facilities District ("CFD") Financing Plan on behalf of Lewis -Diamond Bar, LLC ("Owner") for your review and consideration. We are proposing that the City of Diamond Bar ("City") be the lead agency in establishing a new CFD to issue bonds to fund City improvements and fees and Walnut Valley Unified School District ("School District") fees. This proposal will require the City to enter into a Joint Community Facilities Agreement with the School District and the Developer. We appreciate your consideration of our proposal and look f6mvard to meeting with you in person, Ifyou have any questions or comments, please call meat (949) 218 6014. Sincerely, Isaac Asher C. Darren McClevc — Lewis -Diamond Bar, L.L.C. City of Diamond Bar — CFD Financing Plan Diamond Bar Village - Tract No. 062482 June 9, 2005 1. Lewis -Diamond Bar, L.L.C. ("Owner") currently owns Tract No. 062482 located within the jurisdictional boundaries of the City of Diamond Bar ("City") and the Walnut Valley Unified School District ("School District"). The Project comprises approximately 26.4 gross acres, will include approximately 180 single family residential units and will have an average home price of approximately $448,356. Developer proposes the formation of a Community Facilities District ("CFD") encompassing Tract No. 062482 ("Project") for the purpose of funding City improvements and fees ("City Facilities") and School District fees ("School District Facilities"). 2. Tentative Tract Map No. 062482 will be submitted to the appropriate parties under a separate transmittal. An Area Map depicting the relative location of the Project is attached hereto as Exhibit A. 3. This proposal anticipates that the City of Diamond Bar will be the lead agency in the CFD Formation. 4. This proposal will require the execution of a Joint Community Facilities Agreement ("JCFA") between the City, the School District and Developer. The City will act as the lead agency with the School District as a JCFA participant. 5. At this time, it is envisioned that a single bond series would be issued (subject to compliance with the City CFD policies) secured by the property within the CFD. The total CFD bonding capacity is currently estimated to be approximately $6.0 million to yield approximately $4.8 million in net construction proceeds as further described in detail in Exhibit B. 6. Exhibit B summarizes the Project land use information, total tax rates and preliminary CFD bond sizing analysis. The CFD would be authorized to fund City Facilities and School District Facilities as identified in Exhibit C. The estimated costs of the public improvements listed in Exhibit C is larger than the anticipated bond proceeds so as to provide authorization cushion in the event the interest rates on the actual bond pricing and/or the actual issuance costs come in lower than the interest rate and/or issuance cost assumptions used in the CFD formation proceedings. 7. The CFD's funding of facilities and fees would provide the Developer, or its successors, a credit against the applicable facilities or fees. Additionally, any eligible facilities or fees that are paid for by the Owner, or its successors, prior to the availability of CFD bond proceeds would be reimbursable when CFD bond proceeds become available. Diamond Bar Village - Tract No. 062482 CFD Finance Plan Page 1 June 9, 2005 City of Diamond Bar — CFD Financing Plan Diamond Bar Village - Tract No. 062482 June 9, 2005 8, if it is determined through the appraisal process that the 3 to 1 value to lien requirement cannot be met, Developer would like to preserve the option to: (i) issue a subsequent series of bonds such that the current bond issue meets the value to lien requirement, (ii) post a letter of credit to cover the portion of the CFD bonds not supported by the value to lien requirement, or (iii) escrow a portion of the CFD bonds not supported by the value to lien requirement. 4. The annual CFD tax amounts when combined with all other property taxes applicable to the Project have been established so as not to exceed 2.00% of the anticipated residential home prices within the Project. Diamond Bar Village — Tract No. 062482 CFD Finance Plan hme 9, 2005 Exhibit A CITY OF DIAMOND BAR lf,� a SITE N1-5- Exhibit B Lewis -Diamond Bar, L.L.C. Diamond Bar Village Land Use Information, Total Tax Rates, and Bond Sizing Analysis June 9, 2005 Land Use Plan Units House Sq. Ft, Range_ Est. Home Size Estimated Dome Price Townhomes 1 27 <1,126 1,100 5370000 Townhomes 2 26 1.126 -1,375 025 413,000 Townhomes 3 28 1.376 - 1,625 1.550 435,000 Townhomes 4 27 1,626-1875 1,600 460,000 SF Condos 1 29 1,376- 1.625 1,400 450.000 SF Condos 2 10 1.626 - 1,675 1,650 480,000 SF Condos 3 to 1,876-2,125 1,925 515,000 SF Condos 4 21 > 2,125 2,200 550,000 5,138 219 180 2,929 1,563$446,356 1.85% ANAL Total Annual Special Taxes for Bonding ((Annual CFO Revenues - $25,000 Admin Charge) - 110% Coverage) 1. CFO Bond Sizing d Construction Proce ends: Bond Amount (6.0l)% interest rate, 3o year term. 29 years amort J Underwriter Discount (2%) Reserve Fund (Annual Debt Service) Capitalized Interest (t2 Months) Incidental Costs (Estimate) Total ✓;onstmetion Proceeds Total Construction Proceeds per Unit Il, Allocation of Net Construction Proceeds: City of Diamond Bar Walnut Valley United School District Total Proposed CFO Revenues $81,263 72,352 76,860 79,083 79,605 29,290 33,320 75.369 $507,142 Differ Fixed $5,956,961 Ad Charges, Proposed Proposed Valorem Assessment City Services City Facilities Total Total Tax Rate and Special CFD Tax CFD Tax Tax per Tax 1.1169% Taxes per Unite� Unit Rate (a) (b) $4,132 $219 $225 $2,269 $6.845 1.85% 4,613 219 225 2,564 7,640 1.8$% 4,858 219 225 2,745 8,047 1 85% 5,138 219 225 2,929 6,519 1.85% 5,026 219 225 2,745 ill 1.831/6 5.361 219 225 2,929 8,734 1.82% 5,752 219 225 3,332 9,527 185% 6,143 219 225 3,589 10,175 1.85% $5,007 $219 $225 $2817 $8.269 1,84% Total Annual Special Taxes for Bonding ((Annual CFO Revenues - $25,000 Admin Charge) - 110% Coverage) 1. CFO Bond Sizing d Construction Proce ends: Bond Amount (6.0l)% interest rate, 3o year term. 29 years amort J Underwriter Discount (2%) Reserve Fund (Annual Debt Service) Capitalized Interest (t2 Months) Incidental Costs (Estimate) Total ✓;onstmetion Proceeds Total Construction Proceeds per Unit Il, Allocation of Net Construction Proceeds: City of Diamond Bar Walnut Valley United School District Total Proposed CFO Revenues $81,263 72,352 76,860 79,083 79,605 29,290 33,320 75.369 $507,142 Footnotes. (ay Tax Rate Includes 1. A general obligation tax of 1.000000°/ 2. A tax of 0 000923% is assessed by the County of Los Angeles to all parcels within its doundane5 to pay debt service on outstanding bonds 3. A tax of 0.095154 % is assessed by the Walnut Valley Unified School District to all parcels within the District to pay debt service on outstanding bonds. 4. A tax of 0014731 °/ is assessed by the Community College to an parcels within its boundaries to pay debt service on outstanding bonds. 5. A tax of 0.000245% is assessed by the Flood Control District to all parcels within its boundaries to pay debt service on outstanding bonds 6. A lax of 0.005800 % is assessed by the Metropolaan Water District to all parcels within Its 4oundares to pay debt service on outstanding bonds. (b) Other Fixed Charges: 1 An annual assessment is assessed at a rate of $15Ao per parcel to fund City of Diamond Bar lees. 2. An annual assessment estimated at a rale of $28.00 per parcel, assuming V2 acre parcels. to fund Walnut Valley Water District Standby 3 An annjai assessment estimated at a rate of $15.25 per acre to fund Sewer Maintenance. 4 An annual assessment estimated at a rate of $12 21 per acre, or $12.21 per parcel if less than an acre to fund Metropolitan water District Standby_ 5. An annual assessment estimated at a rate of $95.00 per parcel to fund County FloDd Control assuming 112 acre parcels. 6, An annual assessment estimaled at a rate of $48.15 per parcel to pay the Parks and Open Spaces tee. 7 An annual assessment estimated at a rate of $5.08 per parcel to fund Vector Control $438,311 $5,956,961 J_ $4,792,093 [::$26,623 PER UNIT TOTAL $24,922 $4,485,898 1,701 306,195 S26,623 $4.792,093 Footnotes. (ay Tax Rate Includes 1. A general obligation tax of 1.000000°/ 2. A tax of 0 000923% is assessed by the County of Los Angeles to all parcels within its doundane5 to pay debt service on outstanding bonds 3. A tax of 0.095154 % is assessed by the Walnut Valley Unified School District to all parcels within the District to pay debt service on outstanding bonds. 4. A tax of 0014731 °/ is assessed by the Community College to an parcels within its boundaries to pay debt service on outstanding bonds. 5. A tax of 0.000245% is assessed by the Flood Control District to all parcels within its boundaries to pay debt service on outstanding bonds 6. A lax of 0.005800 % is assessed by the Metropolaan Water District to all parcels within Its 4oundares to pay debt service on outstanding bonds. (b) Other Fixed Charges: 1 An annual assessment is assessed at a rate of $15Ao per parcel to fund City of Diamond Bar lees. 2. An annual assessment estimated at a rale of $28.00 per parcel, assuming V2 acre parcels. to fund Walnut Valley Water District Standby 3 An annjai assessment estimated at a rate of $15.25 per acre to fund Sewer Maintenance. 4 An annual assessment estimated at a rate of $12 21 per acre, or $12.21 per parcel if less than an acre to fund Metropolitan water District Standby_ 5. An annual assessment estimated at a rate of $95.00 per parcel to fund County FloDd Control assuming 112 acre parcels. 6, An annual assessment estimaled at a rate of $48.15 per parcel to pay the Parks and Open Spaces tee. 7 An annual assessment estimated at a rate of $5.08 per parcel to fund Vector Control Exhibit C Lewis -Diamond Bar, L.L.C. Diamond Bar Village Preliminary List of CFD Eligible Facilities June 9, 2005 City of Diamond Bar: Traffic Street Improvements Quimby Park Development Fee (Police, Fire and Utility) Walnut Valley Unified School District: Statutory School Fee - $2.24 per SF (1,563 weighted average SF) Total CFD Eligible Facilities Per Unit Total $6,660 $1,198,748 5,000 900,000 2,151 387,150 11,111 2,000,000 $24,922 $4,485,898 $3,501 $630,224 $28,423 $5,116,122 D P F G 1 City of Diamond Bar 6/1612005 fl p: CFD Background ■ The Mello -Roos Community Facilities District Act of 1982 was established to assist new development in providing public improvements to developing areas using tax exempt bond financing. ■ Types of facilities that are financed through Community Facilities Districts ("CFD"). Any public improvement with a useful life of at least five years, that is to be owned, operated or maintained by a participating public agency within the CFD. Examples include, but are not limited to, roads, water and sewer system improvements, storm drain facilities, public parks and school facilities. 1 DPFG`E'Vt,01 MFIa'? IR ■ CFD Background ■ CFDs can also be utilized to finance certain ongoing public services that benefit the community, including, but not limited to: -" Fire and police services Street sweeping ,--i Parks Open space and street landscape maintenance DPFG 3 N CFD Background ■ Joint Community Facilities Agreement Used when 2 or more agencies have improvements or services funded by the same CFD ■ Example — City CFD funding School Facilities Agreement must be complete prior to the Resolution of Formation 7EYftCPMHaT DPFG 4 ■ 3 Benefits & Considerations to City ■ Issuing agency has no obligation to repay CFD bonds under any circumstances. The bonds are secured solely by the property within the boundaries of the CFD. ■ Conservative underwriting criteria. The value of land in a CFD is required to be three times the CFD bond amount at time of bond sale. ■ CFD structure will provide funding for sufficient administrative costs so that all City costs relative to the CFD are recovered through the levy of the annual special tax. DPFG 61 Benefits & Considerations to City ■ Public agencies forming CFDs can easily farm -out the ongoing administration to one of several qualified firms. ■ Applicable law requires that CFD funded facilities be constructed as if facilities were constructed by the City and require prevailing wages to be paid. Benefits & Considerations to City ■ Potential up -front funding of facilities and fees. ■ Secure revenue stream to provide for authorized services ■ Increases'curb appeal' of new development DPFG 0 Benefits & Considerations to Developers and Homeowners ■ Allows facilities to be financed through lower interest rates than alternatives. ■ Reduces the entry price of the home. ■ Reduces the amount of down payment required by a new homebuyer. /0, D P F G LE 'i- :. _N� Vil.l`. h'..:•. C:ti h;J is f �, �. f Benefits & Considerations to Developers and Homeowners ■ Developers may complete facilities sooner than they would otherwise due to the fact they can be reimbursed from CFD. ■ The annual special tax is determined at the time the CFD is formed so that homebuyer disclosure is simple. LNE Trends in Public Financing ■ More stringent appraisal standards are now used than in the late 1980s and early 1990s. ■ The size of district and bond sale amounts tend to be smaller and better matched to an individual project as opposed to a large CFD with multiple property owners at various stages in the entitlement and development process. ■ Bonds are now typically sold with land development underway as opposed to ahead of development. V06, DPFG :sc'+'E�G2rt!`T °1nNNIr.G - NAN C1 NC GROA 10 MUNI FINANCIAL CITY'S CONSULTANT POWER POINT PRESENTATION ON COMMUNITY FACILITIES DISTRICT City Council Study Session June 21, 2005 City of L CFD June 21, 2005 What Will Be Covered? 1. What is a CFD? 2. What can be paid for by a CFD? 3. CFD Pros and Cons 9. The CFD Team What is a CFD? What is a CFD?, (cont.) • District budget is annually determined What Can Be Paid by a CFD? CFD PROS and CONS Pro: — No election tutting restrictions Benefits of a CFD • Agency benefits Benefits of a CFD Property Owner benefits CFD Formation Process • Establish Goals and Policies (required) CFD Formation Process CFD Formation Timeline (0-90 Days) • Adopt goals and policies CFD Formation Timeline (30 - 40 Days, After ROI) 0 Prepare CFD Report CFD Formation Timeline (After ROF) • Hold landowner election Reporting Requirements • Annually filed with City Council: Disclosure by the Developer • (notice of Special Tax Ongoing District Administration • Select individual to oversee general data and information continuity F The CFD Team Questions Sequence of Events for Community Facilities District Formation Day (-60j-0 prepalgl Day 0 petition4niftiled CFD Day 10 Legislative Body Starts Day 25 Day 30 Prepare Day 40 Public Hearing Day 40 Hearing Results Detefmhe 5pecisl Tax 1.1096 La<ndvlisnas Proceedings Record Community Held not less than 30 days or not If majority protest does not exist, 2 3: 2.10% RegisteredWers wee,nsa 1 Adopt goals and policies Bounds Ma Boundary Facilities more than 60 days from adoption of resolutions adopted to form CFD 4. Facilities 3.. Paymentofp wrietbn days 2 Adopt resolutions to' District Resolution of Intention. 5: Team Members costs a. Approve boundaries- Report 1. Establishes boundaries, b Designate name of CFD May be continued up to 30 days, or 2. Determines necessity to incur bonded c Identify types of facilities with finding up to 6 months indebtedness_' Local Agency- and services. 3. Authorizes levy of special tax. initiated CFD d. Declare intention to form REQUIRED: Publish notice (not 4. Approves types of facilities and CFD, levy special tax later than 7 days before public services. issue bonds hearing). 5 Sets election. 1. Written request of two e. Set time and place of members of legislative public hearing. OPTIONMailed notice (not later Note' Environmental review should be body, or f. Establish voting procedures. than 15 days before public completed before forming CFD. 2. Majority approval of hearing). legislative body If more than 50 percent of registered voters (al least six), or if the owners of more than 50 percent of the land area protest, then the CFD is abandoned for one year If the majority protest is only against specific faciiii services or special tax, only that facility, service or tax must be dropped, Day 140 7. Sell and delrverbands and receive bond proceeds. 2. Initiaoe lora :Or acquisition 3. Beget activitlesto administer debt, levy and collect special taxes. 4. Comply with Continuing. disdositn: regUremerKs' E WWFinancial 27368 Via Industria, Suite 110 Temecula, CA 92590 1687-3600 (800[765•MUNI(6864) Day 66-140 Day 65 t. Record Koilce of Special Tax Liar►. Bond 2.:1[>i Va[igaJi pratae"ges Hneces"i Document 3.304Wabliofiimitariars. Preparation' NOTES. ' Only applicable if bonds are issued. Formation of a developer -initiated CFD usually takes four months Time may vary according to specific issues. Day 50 Actions by Legislative Body 1. Certify election results 2. Enact ordinance to levy special tax. 3. Authorize issuance of fiends' 4. Approve Preliminary Official Statement and Continuing Disclosure Agreement,' Day 40 Election eta conrlda eeabill 111111ft m WAN fenreiaaeoi borukr dwrterrad by400 pwiteafiof oW t M Two-drirdt vote Mp*vd if ka. trarf 12 re 9WWW voters as lirldoerrrer der2iOn: sr gb-brei► t2 repisbelyd vObers = regfn�ad vGt91' Meceorr. Source Government Code beginning witn Seclion 5331' . r CITY COUNCIL TO NYAJ TITLE Agenda # Meeting Date: June 21, 2005 AGENDA REPORT Honorable Mayor and Members the City Council Linda C. Lowry, City Manage Adoption of Resolution No. 2005 -XX Declaring the Results of the June Municipal Election RECOMMENDATION: 7, 2005 Special It is recommended that the City Council adopt Resolution No. 2005 -XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 7, 2005, AND DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW, FINANCIAL IMPACT: None BACKGROUND: The City conducted a Special Municipal Election for one City Council vacancy on June 7, 2005. All aspects of the election were administered by the City. The City Clerk certified the results of the election on June 14, 2005 which indicates that Jack Tanaka was duly elected to serve the remainder of the four-year term vacated by former Councilmember Robert Huff. Adoption of the Resolution would ratify the results certified by the City Clerk. Further, it would complete the election process and allow for the newly -elected Council Members to receive the Oath of Office and begin his terms of office. PREPARED BY: David Doyle, Assistant ity Manager Attachments: 1. Resolution No. 2005 -XX CITY OF DIAMOND BAR RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 7, 2005, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of Diamond Bar, California, on Tuesday, June 7, 2005, as required by law; and WHEREAS, a notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the City Clerk canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the precincts except absent voter ballots and provisional ballots was 2596. That the whole number of absent voter ballots and provisional ballots cast in the City was 2188, making a total of 4784 ballots cast in the City. SECTION 2. That the names of persons voted for at the Special Election to fill the vacancy for Member of the City Council for the short term ending December 2007, are as follows: Frank A. Farago; Jack Tanaka; and Steve Tye. SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective office for which the persons were candidates were as listed in "Exhibit A" attached hereto. SECTION 4. That the City Council does declare and determine that: Jack Tanaka was elected as Member of the City Council for the short term to December 2007. SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) the whole number of ballots cast in the City; (2) The names of the persons voted for; (3) for what office each person was voted for: (4) the number of votes given at each precinct to each person; and (5) the total number of votes given to each person. SECTION 6. That the City Clerk shall immediately make and deliver to the person elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to the person elected the Oath of Office prescribed in the Constitution of the State of California and shall have him subscribe to it and file it in the office of the City Clerk. The person so elected shall then be inducted into the respective office to which he has been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED and ADOPTED on June 21, 2005. Wen P. Chang, 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 "Exhibit A" CITY CLERK'S CERTIFICATE OF CANVASS I, Linda C. Lowry, City Clerk of the City of Diamond Bar, County of Los Angeles, State of California, do hereby certify that I have canvassed the returns of the Special Municipal Election held in said city on the Th day of June, 2005, and find that the number of votes given in the City to persons voted for the respective office for which persons were candidates were as follows: Dated: June 14, 2005 Linda C. Lowry, City Clerk City of Diamond Bar Total Votes Cast Consolidated Precinct No. Total R istered Voters Total 96 Frank A. Jack Steve 138 1 Ballots Cast Votes —Farago Tanaka T e 248 6 (6,14 Q&21) & 20 1508 2640 138 248 9.1 9.3 3 68 67 201 7 7 & 76 1861 201 10.87 9 0 116 123 275 8 (8,19 & 43 2647 277 10.4 8 98 93 176 41 41 & 44 1505 177 11.7 2 114 153 249 63 63, 64 & 65 2191 253 1 1,5 10 g6 91 88 136 66 66 & 81 1604 138 8.6 5 148 280 67 67, 70 & 85 2860 281 9.8 9 58 73 145 68 68 & 94 2179 145 6.6 4 105 166 172 69 69 & 78 1836 173 9.4 12 79 85 62 107 71 1 & 79 1653 109 6.5 5 75 139 72 2 & 73 1617 140 8.6 8 46 56 128 75 5 & 87 1511 129 8.5 2 72 59 76 77 7 & 92 1284 77 5.9 5 50 76 106 89 89 & 91 2048 0 5.3 10 39 32 Subtotal - f2596 45 51 2576 Absentee/ _ 28944 _ 8.9 102 1152 1322 Provisionals 2150 2188 7,5 142 1131 877 Total Votes - 4726 28944 4784 16.5 244 2283 2199 "Exhibit A" CITY CLERK'S CERTIFICATE OF CANVASS I, Linda C. Lowry, City Clerk of the City of Diamond Bar, County of Los Angeles, State of California, do hereby certify that I have canvassed the returns of the Special Municipal Election held in said city on the 7`h day of June, 2005, and find that the number of votes given in the City to persons voted for the respective office for which persons were candidat were as fol! s: L" a 4da C. Lowry, City Dated: June 14, 2005 City of Diamond Bar Consolidated Total Total % Frank A. Jack Steve Votes�Cast Pec nct o. Re iste red Voters g Ballots Cast Votes Farago Tanaka Tye 138 1 (1 &21) 1508 138 9.1 3 68 67 248 6 (6, 14 & 20) 2640 248 9.3 9 116 123 201 7 (7 & 76) 1861 201 10.8 10 98 93 275 8 (8, 19 & 43) 2647 277 10.4 8 114 153 176 41 (41 & 44) 1505 177 11.7 2 86 88 249 63 (63, 64 & 65) 2191 253 11.5 10 91 148 136 66 (66 & 81) 1604 138 8.6 5 58 73 280 67 (67, 70 & 85) 2860 281 9.8 9 105 166 145 68 (68 & 94) 2179 145 6.6 4 79 62 172 69 (69 & 78) 1836 173 9.4 12 85 75 107 71 (71 & 79) 1653 109 6.5 5 46 56 139 72 (72 & 73) 1617 140 8.6 8 72 59 128 75 (75 & 87) 1511 129 8.5 2 50 76 76 77 (77 & 92) 1284 77 5.9 5 39 32 106 89 (89 & 91) 2048 110 5.3 10 45 51 Subtotal - 2576 28944 2596 8.9 102 1152 1322 Absentee/ - - Provisionals 2188 7.5 142 1131 877 21.50 Total Votes 4726 28944 -4784' 16.5 244 2283 2199 Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JUNE 7, 2005 �� STUDY SESSION: Mayor Chang called the Study Session to order at 5:30 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 Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Also Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City Manager; Linda Magnuson, Finance Director; David Liu, Director of Public Works; Bob Rose, Community Services Director; and Allison Meyers, Recreation Consultant. ► Youth Master Plan ► Fiscal Year 2005/06 Budget ► Public Comments on Study Session Items YOUTH MASTER PLAN: RC/Meyers presented the Draft Youth Master Plan via Power Point presentation with emphasis on the importance of establishing a collaborative effort consisting of the City of D.B., Pomona Unified School District and the Walnut Valley Unified School District. Each Agency would adopt the Youth Master Plan and institute a collaborative model that would involve the youth. A key strategy was to fully engage the community and coordinate existing facilities and programs use through a connected delivery system (the Web) and grant funding. The Youth Master Plan will focus on the youth to eliminate financial, cultural and geographical barriers to increase access through a service inventory and transportation. The goal of the proposed outcome -based programming is to determine whether the plan measurably helps to make a positive difference for youth by increasing self-esteem, increase awareness, help youth increase their skills and become more productive citizens. RC/Meyers stated that staff is recommending that the City Council consider and approve the Youth Master Pian at its June 21 meeting. Council agreed to agendize the matter for the June 21 City Council meeting. BUDGET DISCUSSION: FD/Magnuson highlighted changes made to the proposed General Fund Budget resulting in a net increase of $28,245. MPT/O'Connor said she was unable to determine the cost of events such as the City Birthday Party. She again asked for a detailed revenue and expense accounting of each event. JUNE 7, 2005 PAGE 2 CC STUDY SESSION CM/Lowry explained that personnel adjustments for existing staff were not included in the Decision Packages Summarization. Engineering is looking to hire a Junior Engineer and PWD/Liu found funding for the position by trading in a current part-time position. Additional funds would come from special funds and not from the General Fund. The City is growing its technological expertise at a rapid rate and the next major step is to implement the GIS System that will significantly impact the City's current permitting system. Therefore, staff is united in its recommendation that a full time Desktop/Web Application Support Technician for IS would be a good use of funds toward improving the City's performance. With respect to current personnel, staff is seeking approval for three promotions for current positions — Recreation Supervisor Ii to Recreation Superintendent, Park Maintenance Supervisor to Park Maintenance Superintendent and a single range increase and title change from Senior Management Analyst to Human Resources Manager. The three changes to existing personnel including 20% fringe benefits results in a net increase of $13,627. If the City Manager receives a 6% CPI salary increase and Council would consider an additional 2% for Assistant City Managers the cost would be $14,491 for a total increase of $28,118. ACM/DeStefano reported that Council was provided a six-page memorandum regarding consideration of bringing Building and Safety services in-house. Staff is looking to enhance the control and overall quality while managing annual resources in a much more cost-effective and efficient manner. The report analyzes the opportunity and addresses questions asked by Council at the last study session. Essentially, an in- house program would allow staff to provide additional hours of customer services. MPT/O'Connor asked if the City had sufficient work to warrant a full time Building Official. ACM/DeStefano responded affirmatively. He explained how a full time official would be able to approve projects "over the counter' and eliminate wait time, assist with code enforcement activities and provide additional inspection services on a minimum 40 hour per week basis at a cost less than what the City is currently paying for contract services. BO/Tarango is an outstanding individual and ACM/DeStefano said he wished he had 40 hours from BO/Tarango to provide service to the community. The proposal included retaining the services of the present building official on an as -needed basis as the City moved from a contract service program to a full time in-house staff program. ACM/DeStefano stated that staff looked at activity over the past several years. Since 1997 the City has averaged annual revenue of about $850,000 with an average annual expenditure of about $560,000. Staff looked at 10 area cities and their building officials and community development directors. The report refers to cities that compared to D.B. in terms of typical types of construction, typical combinations of consultant services and in-house services, nature of the product, type of activity, etc. Staff came to an understanding that D.B. could provide a higher service level at a reduced cost of about $120,000 per year. In consideration of a significant increase in activity within the City over the next 10 years staff believes that this is a business model that the Council should consider implementing. JUNE 7, 2005 PAGE 3 CC STUDY SESSION MPT/O'Connor asked for additional time to consider the matter. C/Zirbes said his concern was confirmation of salary projections for the anticipated four employees. The more the City brings in house the more it moves away from being a contract city and D.B. may find itself with unforeseen problems 10-15 years down the road similar to big cities that have big staffs and large retirement costs. He asked ACM/DeStefano to provide projections for 10 to 15 years in the future with respect to contract vs. in-house costs. M/Chang felt it was a good proposal and asked if the $275,000 included benefits. ACM/DeStefano responded that it did. M/Chang said he was concerned about providing better staff effectiveness and customer service. M/Chang asked staff to place this item on the Study Session agenda for discussion and also on the regular City Council agenda for Council decision. MPT/O'Connor asked for a copy of the goals and objectives that included this proposal. M/Chang said it would be good if the City could save $120,000 per year and at the same time increase economic potential. Council responded to CM/Lowry that the proposed building and safety positions should be included in the proposed budget. SALE OF PROP A FUNDS: PWD/Liu stated that the City of Commerce approached D.B. about buying Prop A money from the City. At the end of this FY the Prop A reserve would be $1,055,000 and Commerce indicated they would purchase $500,000 in Prop A funds for 75 cents on the dollar. With Council approval on June 21 $375,000 would come to the City in this fiscal year. The City of Commerce indicated it was also interested in obtaining additional Prop A funds in the next FY and staff would bring that offer to the City Council in the next Fiscal Year. Council concurred to agendize the sale of Prop A Funds, Public Comments on Study Session Items: None Offered. JUNE 7, 2005 PAGE 4 CC STUDY SESSION ADJOURNMENT: With no further business to conduct, M/Chang adjourned the Study Session at 6:30 p.m. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of , 2005. WEN CHANG, Mayor Agenda5.1.2 61", MINUTES OF THE CITY COUNCIL R REGULAR MEETING OF THE CITY OF DIAMOND BA JUNE 7, 2005 CLOSED SESSION: 5:00 p.m., Room CC -8 ► Government Code Section 54957 Public Employee Evaluation Title: City Manager STUDY SESSION: Mayor Chang called the City Council Study Session to order at 5:30 P.M. in Room CC -8 of the SCAQMDIGovernment Center Building, 21825 Copley Drive, Diamond Bar, CA 91765 ► Youth Master Plan ► Fiscal Year 2005106 Budget ► Public Comments on Study Session Items M/Chang adjourned the Study Session to the Regular Meeting at 6:30 p.m. CALL TO ORDER: in The Government Center/SCAQMD Auditorium, 21865 Councilyor Chang called the Regular City meeting to order at 6:40 p.m. Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: INVOCATION: gave the Invocation. ROLL CALL: O'Connor and Mayor Chang. Mayor Chang led the Pledge of Allegiance. Pastor Bob Stebe, Northminster Presbyterian Church Council Members Herrera, Zirbes, Mayor Pro Tem Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City Manager; David Liu, Director of Public Works; Ken DesForges, IS Director; Linda Magnuson, Finance Director; Nancy Fong, Planning Manager; and, Ryan McLean, Senior Management Analyst. APPROVAL OF AGENDA: Approved as presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Chang presented a Certificate of Recognition to Irene Wang on the occasion of her receiving the "2005 Librarian of the Year" Award. Irene Wang introduced Julie McCasland, new Children's Librarian. JUNE 7, 2005 PAGE 2 CITY COUNCIL BUSINESS OF THE MONTH: 1.2 MPT/O'Connor presented a City Tile to Mary McCormack representing MBI Media, Inc. as Business of the Month for June 2005. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: ACM/DeStefano reported that landslides occur throughout the United States and can be devastating as witnessed by the recent occurrence in Laguna Beach. D.B. has suffered its share of landslide activity since incorporation. In the case of Minnequa a second landslide in January 2005 affected the same five homes that were affected in 1998 and as a result those same homeowners are once again unable to reside on their properties. A huge issue for D.B. is determining and understanding what occurs within the soil mass and determining what construction techniques are feasible. The City continues to adopt and enforce rigorous codes providing state of the art techniques for hillside development. Unlike most cities D.B. requires that the developer prove in advance of the project that his proposed building site is stable and will support the proposed product. BO/Tarango and PWD/Liu and their departments are responsible for making certain that the products built in D.B. meet the standards and construction plans developed based upon the approved geological studies. D.B. has denied products where the geologic stability studies do not meet the City's standards. In October 2004 the City Council adopted the Natural Hazards Mitigation Plan, a massive document covering a wide variety of hazards that can affect D.B. The document includes an outline of historical information on D.B., what the City is doing to help prevent this type of activity and what the City hopes and plans to continue to do in the future. D.B. slopes have a variety of geotechnical issues and landslides occur in the City. It is the City's responsibility to make certain that codes are enforced, that appropriate maintenance practices are adopted and that the City continues to monitor situations as they unfold. 3. PUBLIC COMMENTS: Allen Wilson felt that M/Chang had not addressed concerns put forth by C/Herrera in her June 4 Letter to the Editor questioning the Mayor and Mrs. Chang's contributions to a single candidate. He said that he and the other residents had a right to know why the Mayor and his wife would give close to $10,000 to a single candidate within an 18 -month period. Marie Buckland said the residents had a right to know why Majestic Realty invested so much (money) in other City Council members' and Assembly Member's elections. 4. RESPONSE TO PUBLIC COMMENTS: M/Chang responded to Mr. Wilson that he never tried to attack anyone and when attacked he tried not to respond in kind. However, he felt it was time to respond. He said that supporting one's ideal candidate is every voter's right and everything had to be justified and fair. He donated the money to the person he felt was the right candidate for the City Council in accordance with the law. For this election he donated $1,000 to candidate Jack Tanaka. He also held a fundraiser at his home for Jack Tanaka and the portion for which he was responsible was about $500. Mr. Tanaka showed the amount on his candidate's statement. M/Chang said he had nothing to hide. M/Chang said he JUNE 7, 2005 PAGE 3 CITY COUNCIL supported Jack Tanaka in the previous City Council election and donated $3,000 to his campaign at that time. He did not violate the law. Mr. Tanaka's opponents received $16,600 from a single source PAC consisting of one donor with an address assigned to vacant land in the City of Industry. As long as people support the candidate of their choice in accordance with the law he would have no further comment. He said that he always acts in the light of the day with nothing hidden. When individuals from other cities interfere with the politics of this City he feels that it is his job as a voter and resident of the City to support his candidate of choice and as a Council Member it is up to him to adhere to the law. 5. SCHEULE OF FUTURE EVENTS: 5.1 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — June 9, 2005 — 7:00 p.m., Board Hearing Room, AQMD/Government Center, 21865 Copley Dr. 5.2 PLANNING COMMISSION MEETING — June 14, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 CITY COUNCIL MEETING — June 21, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 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 May 17, 2005 — As Submitted. 6.1.2 Regular Meeting of May 17, 2005 — As Submitted, 6.2 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES 6.2.1 Regular Meeting of April 26, 2005 6.2.2 Regular Meeting of May 10, 2005 6.3 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES — Regular Meeting of April 28, 2005. 6.4 RATIFIED CHECK REGISTER DATED JUNE 2, 2005 in the amount of $1,224,588.42. 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT—for the month of April 2005. JUNE 7, 2005 PAGE 4 CITY COUNCIL 6.6 REJECTED CLAIM FOR DAMAGES FILED BY CHRISTINE MCGURTY ON FEBRUARY 28, 2005. 6.7 APPROPRIATED $500 FROM THE COMMUNITY SUPPORT FUND IN SUPPORT OF THE LOS ANGELES COUNTY SHERIFF'S DEPARMTENT "999 FOR KIDS" PROGRAM. 6.8 APPROVED EXTENSION OF AGREEMENT FOR ONE YEAR FOR TRAFFIC SIGNAL MAINTENANCE SERVICES WITH REPUBLIC ELECTRIC. 6.9 APPROVED EXTENSION OF CONTRACT AGREEMENT WITH MCE CORP FOR THREE YEARS FOR STREET MAINTENANCE SERVICE. 6.10 AUTHORIZED THE PURCHASE OF TWO LAPTOP COMPUTERS FOR USE IN THE CITY'S EMERGENCY OPERATIONS CENTER (EOC) AND APPROPRIATED NECESSARY GRANT FUNDS FROM FEDERAL HOMELAND SECURITY FY05 GRANT ($3,000). 6.11 AUTHORIZED THE CITY MANAGER TO PURCHASE ADDITIONAL COMPUTER HARDWARE FROM HEWLETT PACKARD ($25,000). 6.12 (a) ADOPTED RESOLUTION NO. 2005-26: DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECTED THE CITY CLERKTO ADVERTISE THE PUBLIC HEARING BEFORE THE CITY COUNCIL AT ITS JULY 5, 2005 REGULAR MEETING. (b) ADOPTED RESOLUTION NO. 2005-27: DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECTED THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE CITY COUNCIL AT ITS JULY 5, 2005 REGULAR MEETING. (c) ADOPTED RESOLUTION NO. 2005-28: DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECTED THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE CITY COUNCIL AT ITS JULY 5, 2005 REGULAR MEETING. 6,13 APPROVED REIMBURSEMENT OF $41,000 TO WASTE MANAGEMENT FOR SPECIALIZED ELECTRONIC WASTE RECYCLING SERVICES. 6.14 ESTABLISHED THE INDUSTRY BUSINESS CENTER SUBCOMMITTEE (C/ZIRBES/MPT/O'CONNOR, CHAIRPERSON). JUNE 7, 2005 PAGE 5 CITY COUNCIL 7 PUBLIC HEARINGS: 7.1 INTRODUCTION OF ORDINANCE NO. 07 (2005) AND ADOPTION OF RESOLUTION NO. 2005-29 AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING BY REFERENCE THE CALIFORNIA ELECTRICAL CODE 2004 EDITION AND APPENDICES TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXEMPTIONS INCLUDING FEES AND PENALTIES. BO/Tarango stated that every three years the State of California reviews various construction codes that are adopted as printed by the International Congress of Building Officials. This year the most recent adoption was the 2004 Edition of the Electrical Code. The State allows local jurisdictions to require adoption of these codes by ordinance or they will be automatically adopted by operation of law. The State allows local cities to amend the code to meet the uniqueness of the city's topographical, geographical and climatic conditions. He described six amendments/changes set designed to comply with the special needs of the City. 1) Section 110.14 amends the code to eliminate the use of aluminum wiring less that (4-0) standard outlets and wiring fixtures); 305-3(b) with respect to temporary wiring D.B. reduced the use of "temporary wiring" from 90 days to 30 days (would reduce the holiday decorative lighting period and any other similar temporary use); Section 334.10 (a) and (b) reduces the use of the type of NM/NM-C (Romex Cable) in particular exposed areas eliminating damage to the cable wire; 336.4 (a) reduces the same Romex to be used in Tenant Improvements — Commercial Use (reduces fire potential when electrical wiring is run through metal studs); Table 300-5, increases the depth from 18" to 24" for coverage on buried wire for pools and yard lighting due to expansive soils unique to D.B. hillsides and flat lands. BO/Tarango said that staff submitted the proposed ordinance to the Building Industry and Fire Department with no negative responses back to the City. BO/Tarango said that Section I of the ordinance was changed to give applicants 90 days to achieve their project after the approval process. Additionally, Page 3 was changed to indicate holiday decorative lighting rather than Christmas decorative lighting. BO/Tarango responded to MPT/O'Connor that this matter was not required to go before the Planning Commission. M/Chang opened the Public Hearing. With no one present who wished to speak on this matter, M/Chang closed the Public Hearing. JUNE 7, 2005 PAGE 6 CITY COUNCIL MPT/O'Connor moved, C/Zirbes seconded, to approve for first reading by title only and waive full reading of Ordinance No. 07(2005); and adopt Resolution No. 2005-29 amending Title 15 of the Diamond Bar Code adopting by reference the California Electrical Code 2004 edition and appendices together with certain amendments, additions, deletions and exemptions including fees and penalties. Motion carried by the following Roll Cali vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: 8. COUNCIL CONSIDERATION: None Herrera, Zirbes, M/Chang None None MPT/O'Connor, 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Zirbes asked citizens to please vote. He said he recently spent time with Senator Margett, Supervisor Knabe and Assemblyman Huff discussing issues important to D.B. He attended several meetings during the past three weeks including the Diamond Bar Community Foundation meeting and he said he felt that the Foundation was now clearly defined and moving forward. He asked residents to support the organization by donating. He also spent time walking neighborhoods and talking with residents about their concerns and appreciated residents taking time to offer their comments and concerns. C/Herrera said that politics can get very nasty and that it was a shame there had been a lot of negative flyers bashing people. Elections should focus on what the candidate is able to contribute to the community. She was very disappointed to read about the bashing of Assemblyman Bob Huff and the criticism of him running for his City Council seat, as if D.B. did not need Bob Huff who is a regional leader to continue on the City Council for another year before the possibility of him being elected to the Assembly. D.B. desperately needs regional help and to say that a regional leader like Bob Huff should not have run for his Council seat is very short sighted and tantamount to saying that D.B. does not need help resolving regional traffic and freeway problems that this City cannot resolve on its own. It was no secret that when Bob Huff ran for City Council he also intended to run for the State Assembly and it was very disappointing to have people throw rocks at Bob Huff. She said she was very concerned about the negative flyers and double standards. There was criticism of outside interference by other cities and yet a former assembly member and his wife who as a failed candidate for assembly contributed to the 2003 and 2005 D.B. election and these people live in Walnut. There was also criticism about who contributes to candidates and particular criticism about a person that contributed to a candidate on a personal level and not through a business. She said she found it amusing that someone who sits on the Council went to the same individual asking for a contribution for his/her campaign. She said she was very concerned about these double standards and that she was very concerned about the upcoming November with three seats vacant because if residents believe things JUNE 7, 2005 PAGE 7 CITY COUNCIL have gotten out of hand with this election it will be three times worse this November. She hoped that the leadership on the Council maintained good control of the Council meetings and of the audience members so that the Council could continue to discuss the City's business. MPT/O'Connor welcomed Assemblyman Bob Huff for his presence at tonight's City Council meeting. Earlier tonight the Council approved the formation of a subcommittee for the Industry Business Center and she asked that a Town Forum be calendared in July at Neil Armstrong Elementary School for the residents of the affected area as well as other interested residents. She asked that an ad be placed in the July City News advising the residents about the forum. She also asked that she and C/Zirbes meet with officials of the City of Industry prior to the Town Forum to make certain that everyone was on the same page and that D.B. had current information about the project. During the past couple of weeks there has been information about the City Council voting 2-2 on a business license tax. She asked to have a staff member explain the difference between the proposed Business Registration "Fee" being discussed by the City Council and a Business License Tax. CM/Lowry explained that the City proposes to embark on a program to administer a "registration" process and recovering a portion of the administrative cost to implement the process by charging a nominal registration "fee." This is a reimbursement for cost and not a tax. If the City proposed to initiate a new "tax" the matter would have to be placed on the ballot for a vote of the people in accordance with Proposition 218. The goal for the registration process was to obtain economic development information and zoning compliance information regarding businesses that are in the City as well as businesses that come into the City. MPT/O'Connor reiterated that this Council was not discussing a business license tax but rather a business registration fee. CM/Lowry explained that if the Council were discussing a tax the City Attorney would be advising the body how to place the measure on the ballot. M/Chang admitted that he was the individual referred to by C/Herrera who sent out a flyer. The reason he sent out a flyer was to fend off the statement by a group of people who feel that he and MPT/O'Connor should be liable for the cost of the special election. In the beginning he proposed that since there was a considerable amount of time remaining to fill the term vacated by then Council Member Huff that the next highest vote recipient in the prior election should have been appointed to fiil out the term. However, he did not have Council consensus. Due process was conducted fairly and openly and since Council could not make a decision the matter was passed back to the constituents. He said that people have used this as an excuse to attack him and MPT/O'Connor and he felt it was time to set the record straight so he sent out the flyer. Of course D.B. needs help from the State representatives and he believed that residents were spinning the truth. Further, the flyer contained words quoted from the San Gabriel Valley Tribune and this was the same approach he took in 2003. In terms of his personal contribution to candidate Jack Tanaka he followed the law and did what he felt was right to support the JUNE 7, 2005 PAGE 8 CITY COUNCIL candidate of his choice. He encouraged residents to be involved in the ongoing process of electing candidates and for them to judge the candidates on their merits and what they could contribute to the City. He said he would not intentionally do anything to hurt the City, that he had done his best to serve the community for seven plus years and that he would continue to serve D.B. to the best of his ability and most assuredly according to the law. MlChang spoke about the business registration fee under discussion by the Council and how important he felt it was for the City to know what businesses were being conducted in D.B. for the safety of the community and its residents. $10 is not a tax it is an administration fee only and the $10 does not cover the entire cost of administering the program. He thanked the audience and those watching at home for joining the Council meeting this evening. 10. ADJOURNMENT: With no further business to conduct, MlChang adjourned the meeting at 7:55 p.m. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of , 2005. WEN CHANG, MAYOR Agenda # Meeting Date 6.2 June 21, 2005 _ b - AGENDA REPORT CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Ratification of Check Register dated Ju 16, 2005. RECOMMENDATION: Ratify Check Register dated June 16, 2005 in the amount of $502,400.37. FINANCIAL IMPACT: Expenditure of $502,400.37 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 June 16, 2005 for $502,400.37, 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: Departmekk Head Attachments: Affidavit and Check Register— 06/16/05 Assistant City Manager CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listing of demands, invoices, and claims in the form of a check register dated June 16, 2005 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: ----- -------- ----------- .,Wv..._....... Fund #] Description Amount 001 i General Fund . _... $387,961.12 __ 011 ._._._..Com Organization .w.. E Support Fund i m 1,234 00 i'r ,_ off? A - Transit Fund € ' .__ _ 62,740 43 _.1.12 118 _ Ai r Qlty Impr Fd (AB2766).. �- � 18,280.00 --.._____..-11--f—J-6...__.._.._ 126 i itizens O tion for Public Safe Fd .. � p 84.49 . ._.�. _...W,_._._ ." ..��..�. LLAD #38 Fund �..... 15 740.22 .3$....m_ 139 ! LLAD #�39 Fund _ 7,103-07 141 i D #41 Fund l 5 899 89 250 pital Improvement Project Fund Ca W 3,357.15 i Total for All Funds $502,400.37 Signed: Linda G. Magnuson Finance Director CITY OF DIAMOND BAR RUN DATE: 06/16/20.05 15:23:43 CHECK REGISTER PAGE: 1 DUE THRU! 06/16/2005 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK 3M DCA4191 16380 SS52622 SUPPLIES-P/WORKS 631.18 06/16/2005 65740 0015554-45546-- SUPPLIES-P/WORKS 108.25 06/16/2005 65740 0015554-45506-- 16380 SS55476 TOTAL PREPAID CHECK(S) 739-43 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 739.43 ACT GIS INC 16268 2005-1301 ON-LINE WEB INTERFACE -GIS 17,430.00 06/16/2005 65741 1185090-46235-- TOTAL PREPAID CHECK(S) 17,430.00 TOTAL UNPAID CHECK{S) .00 TOTAL DUE VENDOR 17,430.00 ADELPHIA INTERNET SVCS -HERITAGE 39.95 06/09/2005 65660 0015340-42126-- 39.95 TOTAL PREPAID CHECKS) TOTAL UNPAID CHECK(S) .00 TOTAL PUE VENDOR 39.95 ARROYO GEOTECHNICAL CORP 04-466 -93.60 06/09/2005 65661 001-34650-- 16082 031-5187 ADMIN FEE -EN 031-5167 PROF.SVCS-EN-04-466 520.00 06/09/2005 65661 001-23012-- 031-5187 ADMIN FEE -EN 04-466 93.60 06/09/2005 65661 001-23012-- TOTAL PREPAID CHECK(S) 520.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 520.00 ASIAN PACIFIC ISLANDERS 16653 350.00 06/09/2005 65662 001-23002-- 17161 PK REFUND -DBC TOTAL PREPAID CHECK(S) 350.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 350.00 AT&T 9098609388 PH.SVCS-GENERAL 23.51 06/09/2005 65663 0014090-42125-- TOTAL PREPAID CHECK(S) 23.51 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 23.51 BENESYST PP 12/05 6/17/05. -PAYROLL DEDUCTION 384.62 06/16/2005 65742 001-21105-- TOTAL PREPAID CHECKS) 304.62 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 384.62 BRENT BINNALL ENTERPRISES 504-018P SUPPLIES -RECREATION 1,722.70 06/16/2005 65743 0015350-41200-- 16318 TOTAL PREPAID CHECK(S) 1,722.70 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,722.70 CITY OF DIAMOND BAR CHECK REGISTER PACE: 2 RUN DATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2005 PREPAID PO # INVOICE DESCRLPTION AMOUNT DATE CHECK FUND/SECT-ACCT-PROJECT-ACCT BSA TROOP 788 RESMB-CITY B/DAY PARTY 66.00 06/09/2005 65664 001535.0-42353-- TOTAL PREPAID CHECKS) 66.00 TOTAL UNPAID CHECK(S) .OD TOTAL DUE VENDOR 66.00 BSN SPORTS CORP 91713063 SUPPLIES -RECREATION 43.62 06/09/2005 65665 0015350-41200-- SUPPLIES -RECREATION 193.06 06/16%2005 65744 001535D-412 D0-- 91720818 TOTAL PREPAID CHECK(S) 236.6B TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 236.68 CALIFORNIA CONTRACT CITIES ASSOCIAT 25.00 06/16/2005 65.746 0014010-42325-CC405-42325 CCCA MTG-COUNCIL 06/16/20.05 65745 LCCA MTG-CMGR,DOYLE 50.00 0014030 -42325 -- 75.00 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 75.00 CALIFORNIA JPIA 50.00 06/16/2005 65747 2373 MTG-R WRIGHT 0015350-42325-- 50.00 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) .DO TOTAL DUE VENDOR 50.00 CAPIO MEMBERSHIP DUES -ROA 175.00 06/09/2005 65666 0014095-42315-_ 175.00 TOTAL PREPAID CHECKS) TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 175.00 CATALINA BALLAST BULB COMPANY 163.54 06/09/2005 65667 57075 SUPPLIES -DBC 00153.33-412DO-- 56988 SUPPLIES -HERITAGE PK 557.63 06/16/2005 65748 0015340-42210-- 16382 TOTAL PREPAID CHECK(S) 721-17 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 721.17 CDW GOVERNMENT INC SI40805 RENEWAL -BACKUP SOFTWARE 476.30 06/09/2005 65668 0014070-42205-- 16277 TOTAL PREPAID CHECK(S) 476.30 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 476.30 LING -LING CHANG P & R COMM -5/26 45.00 06/09/2005 65669 0015350-44100-- 43.00 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 45.00 CITY OF DIAMOND BAR RUN DATE: 06/16/20.05 15:23:43 CHECK REGISTER PAGE: 3 DUE THRU: 06/16/2005 PREPAID PO # INVOICE DESCRIPTION AMOUNT DATE CHECK FUND/SECT-ACCT-PROJECT-ACCT CINEMARK EXCURSION-RECREATION 304.90 06/09/2005 65670 0015350-42410-- 300.00 TOTAL PREPAID CHECK(S) TOTAL, UNPAID CHECK(S) .00 TOTAL DUE VENDOR 300.00 CINGULAR WIRELESS CELL CHRGS-GENERAL 73.53 06/16/2005 65749 0014090-42125-- MEMO CREDIT-GENERAL -25.88 06/16/2005 65749 0014090-42125-- CELL CHRGS-V/PATROL 29.10 06/16/2005 65749 0014411-42125-- CELL CHRGS-SHERIFF 29.10 06/16/2005 65749 1264411-92125-- CELL CHRGS-GENERAL 13.89 06/16/2005 65749 0014090-42125-- TOTAL PREPAID CHECK(S) 115.74 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 119.74 COMMERCIAL SECURITY GROUP 12.93 06/16/2005 65750 307908/30769 SUPPLIES-DHC 0015333-41200-- 307908/30769 SUPPLIES-PBC 18.59 06/16/2005 65750 0015333-41200-- A16358 310668 MAINT-SYC CYN PK 793.53 06/09/2005 65671 0015340-42210-_ TOTAL PREPAID CHECK(S) 825.05 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 825.05 COMMUNICATIONS SUPPORT GROUP INC 16312 05011-002 CONSULTING SVCS-MAY 05 1,568.75 06/16/2005 65751 0014090-44000-- TOTAL PREPAID CHECK(S) 1,568.75 TOTAL UNPAID CHECK(S) -00 TOTAL DUE VENDOR 1,568.75 CONTACT OFFICE SOLUTIONS OFFICE EQ-COPIER 14,356.00 06/16/2005 65752 0014090-46200-- 16395 299738 16395 29973C OFFICE EQ-COPIER 20,644.00 06/16/2005 65752 0014090-46200-- TOTAL PREPAID CHECK(S) 35,000.00 TOTAL UNPAID CHECK{S) .00 TOTAL DUE VENDOR 35,000.00 D & J MUNICIPAL SERVICES, INC 15534 DB-BLDG 13 BLDG & SFTY SVC-5/16-5/31 19,755.41 06/09/2D05 65672 0015220-45201-- TOTAL PREPAID CHECKS) 19,755.41 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 19,755.41 D H MAINTENANCE SERVICES CORP 7658 MAINT-DBC MAY 05 1,777,00 06/09/2095 65673 0015333-45300-- A15809 TOTAL PREPAID CHECK(S) 1,777.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 1,777.00 DIAMOND BAR CHAMBER OF COMMERCE MTG-COUNCIL 12.50 06/16/2005 65756 0014010-42325-CC405-42325 TOTAL PREPAID CHECK (S) 12.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 12.50 DIAMOND BAR FRIENDS OF THE LIBRARY 0114010-42355-- ANNL SUPPORT -WIRE SOIREE 1,234.00 06/16/2005 65757 TOTAL PREPAID CHECK(S) 1,234.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,234.00 CITY OF DIAMOND BAR CHECK REGISTER PAGE- 4 RUN DATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2805 PREPAID PO # INVOICE DESCRIPTION AMOUNT DATE CHECK FUND/SECT-ACCT-PROJECT-ACCT DAY & NITE COPY CENTER PRINT SVCS -LANDSCAPE IMP 312-2806/09/2005 65674 2505510-46416-18202-46416 14824 46.71 06/09/2005 65674 17183 PRINT SVCS -RECREATION 0015350-42110-- PRINT SVCS -LANDSCAPE IMP 312.28 06/09/2005 fi5674 6416 2505510-4G416-18302-46416 14824 PRINT SVCS -LANDSCAPE IMP 312.28 06/09/2005 65674 2505510-4641 14824 PRINT SVCS -BUDGET BOOKS 369.13 06/09/2005 65674 0514090-42116 -- 17615 PRINT SVCS -COMM SVCS 150.25 06/09/2.005 65674 0015350-42110-- 15649 PRINT SVCS -LANDSCAPE IMP 312.28 06/09/2005 65674 2505510-46416-18102-46416 14824 SVCS -LANDSCAPE IMP 312.28 06/09/2005 65674 2505310-46415-17602-46415 14824 PRINT 281.45 06/16/2005 65753 15914 15645 PRINT SVCS-PLNG 0015210-42110-- TOTAL PREPAID CHECK(S) 2,410.94 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,410.94 DELTA CARE PMI PP 09-10 JUNE OS -DENTAL PREMIUMS 310.$5 06/09/2005 65675 001-21104-- TOTAL PREPAID CHECK(S) 310.$5 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 310.85 DELTA DENTAL JUNE DS -DENTAL PREMIUMS 2,060.86 06/09/2005 63978 001-21104-- PP 09-30 TOTAL PREPAID CHECK(S) 2,060.86 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,060.86 CAROL DENNIS A15695 T&TO51205 PROF.SVCS-T&T COMM 5/12 100.00 06/09/2 DOS 65676 001551D-44000-- A15695 PROS2605 PROF.SVCS-P&R COMM 5/26 50.00 06/09/2005 65676 0015350-44000-- A15695 PC052405 PROF.SVCS-PLNG COMM 150.00 06/16/2005 65154 0015210-44000-- DBCC060705 PROF.SVCS-CNCL/SS MTG 250.00 06/16/2005 65754 0014030-44000-- A15695 TOTAL PREPAID CHECK(S) 550.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 553.00 DEPARTMENT OF TRANSPORTATION 605.08 06/16/2005 65755 15604 AR170786 SIGNAL MAINT-APR 05 0015554-45507-- 15604 AR170498 SIGNAL MAINT-MAR 05 819.85 06/15/2005 65755 0015554-45507-- TOTAL PREPAID CHECK(S) 1,424.85 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,424.85 DIAMOND BAR CHAMBER OF COMMERCE MTG-COUNCIL 12.50 06/16/2005 65756 0014010-42325-CC405-42325 TOTAL PREPAID CHECK (S) 12.50 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 12.50 DIAMOND BAR FRIENDS OF THE LIBRARY 0114010-42355-- ANNL SUPPORT -WIRE SOIREE 1,234.00 06/16/2005 65757 TOTAL PREPAID CHECK(S) 1,234.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,234.00 CITY OF DIAMOND BAR PAGE: 5 CHECK REGISTER RUN DATE: 06/16/2005 15:23:43 THRO: 06/16/2005 DUE PREPAID # INVOICE DESCRIPTION AMOUNT DATE CHECK FUND/SECT-ACCT-PROJECT-ACCT PO DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 30.96 D6/16/2005 65758 0015350-422OC-- 15642 MAY OS IMP 37.95 06/16/2005 65758 15642 MAY OS CAR WASH-NGHBRHD 0015230-42200-- TOTAL PREPAID CHECK(5) 68.91 TOTAL UNPAID CHECK(S) '00 68.91 TOTAL DUE VENDOR DIAMOND BAR IMPROVEMENT ASSOCIATION 450.00 06/09/2005 65677 5811 AD -SUNS 05 0014095-42115-- TOTAL PREPAID CHEWS) 450.00 TOTAL UNPAID CHECK(S) .00 450.00 TOTAL DUE VENDOR DIAMOND BAR ROTARY REIMB-CITY H/DAY 213.00 06/16/2005 65759 0015350-42353--60.00 REIMB-WINTER SNOW FEST 06/16/2005 65759 0015350-45300-- RETMB-4TH OF JULY BLAST 31.00 06/16/2005 6575 0015350-45300-- REIMB-CONCERT IN PARK 479.75 06/16/2005 65759 0015350-45305-- TOTAL PREPAID CHECK (S) 783.75 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 783.75 DIVERSIFIED PARATRANSIT INC RIDE -5/1-5/15 11,974-93 06/09/2005 65678 15815 DIAL A 1125553-45529-- TOTAL PREPAID CHECK (S) 11,974.93 TOTAL UNPAID CHECKS) .00 11,974.93 TOTAL DUE VENDOR SAARI DORAN 6/29/45 CONCERT IN PARK -6/29 800.00 06/16/2005 65760 0015350-45305-- 16331 B00.00 TOTAL PREPAID CHECK(R) TOTAL UNPAID CHECK(S) _CO TOTAL DUE VENDOR 600.00 CLIFF ELMER RECREATION REFUND 33.00 06/16/2005 65761 001-34740-- 19617 TOTAL PREPAID CHECK(S) 33.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 33.00 EVERGREEN INTERIORS 54.12 06/09/2005 65679 PLANT NAINT-DBC MAY OS 0015333-42210-- PLANT MAINT-MAY OS 215.00 06/09/2005 65679 0014090-42210-- 15699 MAY 05 MAY 165.00 06/09/2005 65679 15689 MAY OS PLANT MAINT-DBC 0015333-42210-- TOTAL PREPAID CHECK(S) 434.12 TOTAL UNPAID CHECK(S) '00 434.12 TOTAL DUE VENDOR EXCEL LANDSCAPE INC LANDSCAPE NAINT-DIST 38 2,447.59 06/09/2005 65680 1385538-95500-- 15728 48708 2,447.59 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2'447'59 PAGE: 6 PREPAID DATE CHECK 68,43 06/16/2005 65762 68.43 .00 66.43 61.00 06/16/2005 65763 3.803.99 06/09/2005 65681 3,864.99 .00 3,864.99 75.00 06/09/2005 65632 75.00 .00 75.00 136.95 06/09/2005 65683 112.32 06/09/2005 65683 137.58 06/16/2005 65764 386.85 .00 386.65 1,320.00 06/09/2005 65684 1,320.00 00 1,320.00 700.00 06/09/2005 65685 -56.00 06/09/2005 65685 644.00 .00 644.00 1.,511.15 06/16/2005 65765 1,511.15 .00 1,511.15 620.00 06/16/2005 65766 620.00 .00 620.00 CITY OF DIAMOND BAR CHECK REGISTER RUN DATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2005 PO # INVOICE DESCRIPTION AMOU FUND/SECT-ACCT-PROJECT-ACCT EXPRESS TEL 1578255 LONG DIST CHRGS-GENERAL 0014090 -42125 -- TOTAL PREPAID CHECKS) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR EXTERIOR PRODUCTS INC -COMM SVCS 423 SUPPLIES 0015350-41200-- CONCERT IN PK -BANNERS 0015350 -45305 -- 16375 417 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR EXTERMINETICS OF SO CAL INC PEST CONTROL -DHC MAY 15899 MAY OS 0015333-45300-- TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR FEDERAL EXPRESS 385917959 EXPRESS MAIL -ELECTION 0014030-42390-- 385917959 EXPRESS MAIL -GENERAL 0014090-42120-- 387098633 EXPRESS MAIL -GENERAL 0014090 -42120 -- TOTAL PREPAID CHECKS) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR DAVID FERNANDEZ CONTRACT CLASS -SPRING 0015350 -45300 -- TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR FIRST CLASS EVENTS -DBC 20377 20634 PK REFUND 001-23002-_ 20634 PROPERTY DAMAGE 20377 001 -36800 -- TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR GFB FRIEDRICH & ASSOCIATES INC CONSULTING SVCS -MAY OS 2505510-R96411-16101-46411 10777 0504-32 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR GLENN'S REFRIGERATION 058149 MAINT-PETERSON PK 001534Q-42210-- 16374 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR PAGE: 6 PREPAID DATE CHECK 68,43 06/16/2005 65762 68.43 .00 66.43 61.00 06/16/2005 65763 3.803.99 06/09/2005 65681 3,864.99 .00 3,864.99 75.00 06/09/2005 65632 75.00 .00 75.00 136.95 06/09/2005 65683 112.32 06/09/2005 65683 137.58 06/16/2005 65764 386.85 .00 386.65 1,320.00 06/09/2005 65684 1,320.00 00 1,320.00 700.00 06/09/2005 65685 -56.00 06/09/2005 65685 644.00 .00 644.00 1.,511.15 06/16/2005 65765 1,511.15 .00 1,511.15 620.00 06/16/2005 65766 620.00 .00 620.00 CITY OF DIAMOND BAR PAGE 7 CHECK REGISTER RUN DATE: 06/16/2005 1.5:23:93 DUE THRU: 06/16/2005 PREPAID AMOUNT DATE CHECK PO # INVOICE DESCRIPTION FUND/SECT-ACCT-PROSECT-ACCT DEBBIE GONZALES REIMS -SCHOOL TUITION 72.00 06/09/2005 65686 D015510-42140--72-00 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) .DO 72.00 TOTAL DUE VENDOR GOVPARTNER850.00 MONTHYLY HOSTING SVCS -JUN 06/16/2005 65767 1185098-94030-- 15831 1078 PREPAID CHECKS) 650.00 TOTAL .00 TOTAL UNPAID CHECKS} 650.0() TOTAL DUE VENDOR GRAFFITI CONTROL SYSTEMS GRAFFITI CONTROL SVCS -MAY 365.00 06/16/2005 657 0015230-45520-- 15602 0605/05 GRAFFITI CONTROL SVCS -MAY 3,925.00 06/16/2005 65160 0015230-45520-- 16351 DB05/05 CHECK(5) 4,290.00 TOTAL PREPAID TOTAL UNPAID CHECK(S) .00 4,290.00 TOTAL DUE VENDOR GRAND MOBIL20748 MAINT-POOL VEH 46.83 06/09/2005 65687 0014090-42200-- TOTAL PREPAID CHECK(S) 46.83 .00 TOTAL UNPAID CHECK(S) 46.83 TOTAL DUE VENDOR GRAPHICS UNITED1,821.26 PRINT SVCS -CITY NEWS SUN 06/09/2005 65688 0014095-44000-- A15616 9812 CHECK(S) 1,821.28 TOTAL PREPAID TOTAL UNPAID CHECKS) .00 1,821.28 TOTAL DUE VENDOR GRAY13AR I16.56 06/16/2005 65769 909971505 SUPPLIES -DBC 0015333-42210-- TOTAL PREPAID CHECK(S) 116.56 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 116.56 SALEEM HAI PK REFUND -DBC 19581 600.00 06/09/2005 65609 001-23002-- 20945 TOTAL PREPAID CHECK(S) 600.00 TOTAL UNPAID CHECKS) .00 600.00 TOTAL DUE VENDOR HOLLYWOOD BOWL EXCURSION -RECREATION 41.00 06/09/2005 65690 0015350-45310-- 1b206 25-29047 TOTAL PREPAID CHECKS) 41.00 TOTAL t7NPAID CHECK(S) .DO 41.00 TOTAL DUE VENDOR CITY OF DIAMOND BAR CHECK REGIS'T'ER PAGE: 8 RUN DATE: 06/16/2065 15:23;43 DUE THRU: 06/16/2005 PREPAID DESCRIPTION AMOUNT DATE CHECK FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE INLAND EMPIRE STAGES EXCURSION -NBC STUDIOS 1,353,00 06/09/2005 65691 0015350-45310-- 16325 16534 TRANSPDATATION-EXCURSION 542.00 06/09/2005 6569 1125360-45310-- 16325 16663 EXCURSION-DESCANSO GARDEN 1,512.00 06/09/2005 65691 0015350-45310--513.50 16325 16663 TRANSPORTATION -RECREATION 06/09/2005 65691 16325 15534 1125360-45310-- TOTAL PREPAID CHECK(S) 3,920.50 TOTAL UNPAID CHECK(S) .00 3,926.50 TOTAL DUE VENDOR INLAND VALLEY DAILY BULLETIN IMPROVEMENTS 176.80 06/09/2005 65692 2505510-46411-01404-46411 63412 AD -ST 178.80 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) .00 178.80 TOTAL DUE VENDOR GLORIA JARBOE REFUND 128.00 06/15/2005 65770 21101 RECREATION 001-34740-- TOTAL PREPAID CHECK(S) 128.00 TOTAL UNPAID CHECK(S) .00 128.00 TOTAL DUE VENDOR JAYASRI AND MALKANTHI FERNANDO 242.50 06/16/2005 65771 REFUND-PLNG FEES 001-34430-- TOTAL PREPAID CHECK{S) 242.50 TOTAL UNPAID CHECK(S) .00 242.50 TOTAL DUE VENDOR JENKINS & HOGIN, LLP GEN LEGAL SVCS-P/WORKS 219.20 06/16/2005 6577 0014020-99020-- 12282 GEN LEGAL SVCS -COM DEV 198.90 06/16/2005 65772 0014020-44020-- 12280 GEN LEGAL SVCS -COMM SVCS 76.50 06/16/2005 65772 0014020-44020-- 12281 GEN LEGAL SVCS -MAY 09 2,111.40 06/16/2005 65772 0014020-44020-- 12279 TOTAL PREPAID CHECK(S) 2,601.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 2,601.00 JOE A GONSALVES & SON INC LEGISLATIVE SVCS -JUN 05 3,000.00 06/16/2005 65773 0014030-44000-- 15588 JUNE 05 3,000.00 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 3,000.00 JOE'S WELDING SHOP MAINT-HERITAGE PK 300.00 06/09/2005 65693 0015340-42210-- 337567 TOTAL PREPAID CHECKS) 300.00 TOTAL UNPAID CHECK(S) '0D TOTAL DUE VENDOR 300.00 CITY OF DIAMOND BAR PAGE: 9 CHECK REGISTER RUN DATE: 06/16/2005 15:23:43 DUE THRL➢: 06/16/2005 PREPAID DESCRIPTION AMOUNT DATE CHECK FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE KENS HARDWARE SUPPLIES-PARKS 846.79 06/09/2005 65694 0015340-42210-- 15641 APR/MAY 102 97 06/09/2005 65694 0015333-41200-- 15826 APR/MAY SUPPLIES-DBC 11.34 06/09/2005 65694 APR/MAY SllPPLIES-CITY HALL 0014090-41200--143.81 SUPPLIES-CITY B/DAY CELEB 06/09/2005 65694 0015350-42353-- APR/NAY TOTAL PREPAID CHECK(S) 1,104.91 TOTAL UNPAID CHECK(S) .00 1,104.91 TOTAL DUE VENDOR KEYSTONE LEARNING SYSTEMS COMP TRNG-STAFF 3,739.64 06/16/2005 65774 6014060-42390-- 16292 KLELL-4 2,811.93 06/16/2005 65174 KLELL-4A COMP TRNG-DESFORGES/AZIZ 0014070-42340--TOTAL TOTAL PREPAID CHECKS) 6,551.57 TOTAL UNPAID CHECK(S) ,00 6,551.57 TOTAL DUE VENDOR KIDSTAR PERFORMING ARTS CONTRACT CLASS-SPRING 603.00 06/09/2005 65695 0015350-45300-- 16345 TOTAL PREPAID CHECK(S) 603.00 TOTAL UNPAID CHECK(S) .00 603.00 TOTAL DUE VENDOR JEONG SUN KIM REFUND 140.00 06/16/2005 65775 20891 RECREATION 001-34780-- TOTAL PREPAID CHECK (S) 140-00 TOTAL UNPAID CHECK(S) -00 140.00 TOTAL DUE VENDOR KIRK STEINKE ELECTRIC CYN RD 395.00 06/09/2005 6.5696 1385538-42210-- 5203 MAINT-BREA TOTAL PREPAID CHECK(S) 395.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 395.00 RAHLON KRAMER REFUND 170.00 06/09/2005 65697 20935 RECREATION 001-34780-- TOTAL PREPAID CHECK(S) 170.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 170.00 JONATHAN W KRAUS CONTRACT CLASS-SPRING 1,910.90 06/09/2005 65698 0015350-45300-- 16346 CONTRACT CLASS-SPRING 1.10 06/09/2005 65698 0015350-45300-- 16182 TOTAL PREPAID CHECKS) 1,920.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,920.00 LA PUENTE PAINT & BODY 1,800.00 06/16/2005 65776 16392 1454 PAINT-JEEP 0014090-42200-- TOTAL PREPAID CHECK(S) 1,800.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 1,800.00 CITY OF DIAMOND BAR PAGE: 10 CHECK REGISTER RUN DATE: 06/16/2905 15:23:43 DUE THRU: 06/16/2005 PREPAID DESCRIPTION AMOUNT PATE CHECK PUNA/SECT-ACCT-PROSECT-ACCT PO # INVOICE LANDS' END701-40 UNIFORM -CODE ENT 06/16/2005 65777 0015230-41200-- 16366 09074332 CHECKS} 701.40 TOTAL PREPAID TOTAL UNPAID CHECKS) .00 701.40 TOTAL DUE VENDOR LANTERMAN DEV CENTER/COMM INDUSTRIE WEED ABATEMENT SVCS -MAY 1,829 36 06/09/2005 65699 0015558-45503-- 15640 340 CHECK(S) 1,829.36 TOTAL PREPAID TOTAL UNPAID CHECK(S) .00 1,829.36 TOTAL DUE VENDOR LDM ASSOCIATES INC PLNG SVCS -APR DR04-34 280.00 06/09%2005 657 00 0015240-44000-- 1245 TOTAL PREPAID CHECK(S) 280.00 .00 TOTAL UNPAID CHECK(S) 280.00 TOTAL DUE VENDOR LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES -COUNCIL 33.00 06/16/2005 65778 0014010-42325-CC205-42325 33.00 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 33.00 LIEBERT CASSIDY WHITMORE LEGAL SVCS -PERSONNEL 25.00 06/16/2005 65779 15839 55437 0014060-44021-- TOTAL PREPAID CHECK{S} 25.00 TOTAL UNPAID CHECK(S) .00 25.00 TOTAL DUE VENDOR LIVE SOUND CONCEPTS SOUND SYS -CONCERT IN PARK 490.00 06/16/2005 6576 0015350-45305-- 6/29/05 TOTAL PREPAID CHECK(S) 490.00 TOTAL UNPAID CHECK(S) .OD 490-00 TOTAL DUE VENDOR LOS ANGELES COUNTY DIST. ATTORNEY ATTCHMT-BY0426064 320.08 06/16/2005 65781 001-21114--131.52 PP 11-12 SLRY 06/16/2095 65762 pp 11-12 SLRY ATTCHMT-BD0001969 001-21114-- TOTAL PREPAID CHECKS} 451.60 TOTAL UNPAID CHECK(S) .00 451.60 TOTAL DUE VENDOR LOS ANGELES COUNTY PUBLIC WORKS SIGNAL MAINT-APR 812.99 05/16/2005 65783 0015554-45507-- A15614 AR318852 TRAFFIC 581.95 06/09/2005 65701 A15613 AR318794 INDUSTRIAL WASTE -APR 05 0015510-45530-- OS 201.56 06/09/2005 65701 AR316883 SUMP PUMP SVCS -MAY 0015340-45300-- TOTAL PREPAID CHECK(S) 1,596.00 TOTAL UNPAID CHECK(S) .00 1,596.00 TOTAL DUE VENDOR CITY OF DIAMOND BAR PAGE: 11 CHECK REGISTER RUN PATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2095 PREPAID DESCRIPTION AMOUNT DATE CHECK FUND/SECT-ACCT-PROJECT-ACCT PO �( INVOICE LOUIS POULSEN LIGHTING INC SUPPLIES -DBC 170.86 06/09/2005 65702 0015333-42210-- 199254 TOTAL PREPAID CHECKS] 170.86 TOTAL UNPAID CHECKS) .DO 170.88 TOTAL DUE VENDOR RUTH M LOW PLNG COMM -4/12,4/26 130.00 06/16/200$ 65784 0015210-44100-- TOTAL PREPAID CHECK(S) 130.00 TOTAL UNPAID CHECK(S) .00 130.00 TOTAL DUE VENDOR LOWE'S15654 SUPPLIES -PARKS 140.00 06/09/2005 65703 0015.340-42210-- SUPPLIES -DBC 25.58 06/09/2005 65703 0015333-42210-- 15654 165.58 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK($) .00 165.58 TOTAL DUE VENDOR NANCY LYONS 45,00 06/09/2005 65704 P & R COMM -5/26 0015350-44100-- TOTAL PREPAID CHECK(S) 45.00 TOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 45.00 MCDERMOTT CONSULTING INC CONSULTING SVCS -MAY DS 3,717.49 06/16/2005 65785 16271 5/05 0015210-44210-- TOTAL PREPAID CHECK(S) 3,717.49 TOTAL UNPAID CHECK(S) .00 3,7.17.49 TOTAL DUE VENDOR MCE CORPORATION ROAD MAINT-APR OS 13,680.39 06/16/2005 65786 0015554-45502-- 1560$ 0500469 OF WAY MAINT-APR 05 3,112.72 06/16/2005 65766 0015554-45522-- 15609 0500469 RIGHT 05 2,713.33 06/16/2005 65785 15607 0500469 SIGNS & STRIPING -APR 0015554-45506-- SIDEWALK MAINT-APR 05. 19,764.86 06/16/2005 65786 0015554-45504-- 15609 0500469 17,311.36. 06/16/2005 65786 15605 0500469 ROAD MAINT-APR 05 0015554-45502-- STORM DRAIN MAINT-APR 05 207.36 06/16/2005 65786 0015554-45512-- 15606 0500469 TOTAL PREPAID CHECK(S) 56,790.02 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 56,790.02 ,TOS MCMANUS PLNG COMM -4/12,9/26 130.00 06/16/2005 65787 0015210-44100-- TOTAL PREPAID CHECK(S) 130..00 TOTAL UNPAID CIIECK(S) .00 TOTAL DUE VENDOR 130.00 MARIA MEDIAN PK REFUND -DSC 20007 100.00 06/09/2005 65705 001-23002-.. 20943 TOTAL PREPAID CHECKS) lo0.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 100.00 CITY OF DIAMOND BAR CHECK REGISTER PAGE; 12 RUN DATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2005 PREPAID DESCRIPTION AMOUNT PATE CHECK FUND/SECT-ACCT-PROJECT-ACCT PC INVOICE METROCOUNT USA INC 33.00 06/09/2005 65706 U5001946 SUPPLIES-P/WORKS 0015551-45222-- TOTAL PREPAID CHECK(S) 33-00 TOTAL UNPAID CHECK(S) .00 33.00 TOTAL DUE VENDOR METROLINK 131980/13220 PASSES RETURNED -MAY OS -1,650.00 06/09/2005 65707 1125553-45535-- 131480/13220 CITY SUESIDY-MAY 05 10,371-00 06/09/2005 65707 1125553-45533-- 15725 METROLINK PASSES -MAY 05 40,989.00 06/09/2005 65707 15725 131980/13220 1125553-45535-- TOTAL PREPAID CHECK(S) 49,710-00 TOTAL UNPAID CKECK(S) .00 49,710.00 TOTAL DUE VENDOR ALISON D MEYERS WK 5/28 CONSULTANT SVCS -WK 5/20 1,730.40 06/09/2445 639-77 0015350-44000-- 16058 CONSULTING SVCS -WK 6/11 1,869.62 06/16/2005 65788 0015350-44000-- 16058 31.27 06/16/2005 65786 PROF.SVCS-SCMAF'/T/MEET 0015350-44000-- TOTAL PREPAID CHECK(S) 3,631.49 TOTAL UNPAID CHECK(S) .00 3,631.49 TOTAL DUE VENDOR MICHAEL 13RANDMAN ASSOCIATES INC 05-127 1,523.46 06/16/2005 63789 1fi 166 35523 PROF.SVCS-FPL 001-23010-- TOTAL PREPAID CHECK(S) 1,823.46 TOTAL UNPAID CHECKS) .40 1,823.46 TOTAL DUE VENDOR MOBILE RELAY ASSOCIATES INC REPEATER SVCS-MAY/JUN 78.75 06/09/2005 65708 0014440-42130-- 207115 TOTAL PREPAID CHECK(S) 78.75 TOTAL UNPAID CHECK(S) .00 78'75 TOTAL DUE VENDOR NAKOMA GROUP LLC CONSULTING SVCS -WK 5/22 600.00 06/09/2005 65709 4014070-44004-- 15589 2919 CONSULTING SVCS -WK 5/29 600.00 06/16/2005 65790 0014070-44000-- 15589 2948 CONSULTING SVCS -WK 6/5 675.00 06/16/2005 65790 0014070-44000-- 15589 2963 1,675.00 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) .00 1,075,00 TOTAL DUE VENDOR GARY L NEELY CONSULTING SVCS -MAY OS 1,620.00 06/16/2005 65791 0015210-44210-- 15558 060205-09 1,620.00 TOTAL PREPAID CHECK(S) 'DOTAL UNPAID CHECKS) .00 TOTAL DUE VENDOR 1,620.00 DANIEL NONAN PLNG COMM -4/12,4/26 130.00 06/16/2005 65792 0015210-44100-- TOTAL PREPAID CHECK{S} 130.00 TOTAL UNPAID CHECK(S) ..00 TOTAL DUE VENDOR 130.00 PERS RETIREMENT FUND 0014010-40090-- 0014010-40080-- 001-21109-- 001-21109-- COL21109-- PP 12/05 CC -SURVIVOR BENEFIT PP 12/05 CC -RETIRE CONTRIB-EE/ER PP 12/05 SURVIVOR BENEFIT PP 12/05 RETIRE CONTRIB-EE PP 12/05 RETIRE CONTRIB-ER TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECKS) TOTAL DUE VENDOR BRYAN PETROFF REIMH-SUPPLIES PBC 0015333 -41200 -- TOTAL PREPAID CHECK(G) TOTAL UNPAID CHECK(5) TOTAL DUE VENDOR DOMINIC PISIGAN 21042 RECREATION REFUND 001 -34780 -- TOTAL PREPAID CHECK (S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 8.00 06/16/2005 65795 449.42 06/16/2005 65795 39.99 06/16/2005 65795 6,705.41 06/16/2005 65795 7,721.82 06/16/2005 65795 14,924.64 .00 14,924.64 38.40 06/16/2005 65796 38.40 .00 38.40 36.00 06/16/2005 65797 36.00 .00 36.00 CITY OF DIAMOND BAR CHECK REGISTER PAGE: 13 RUN ])ATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2005 PREPAID AMOUNT DATE CHECK PO # INVOICE DESCRIPTION FUND/SECT-ACCT-PROJECT-ACCT OFFICE MARPO SUPPLIES -DSC 39.43 06/09/2005 65710 0015333-41200--242.23 15657 SUPPLIES -GENERAL 06/09/2005 65710 0014090-41200-- PO 15657 SUPPLIES -COMM SVCS -121.86 06/09/2005 65710 D015350-41200--100.96 PO 15657 SUPPLIES-PLNG 06/09/2005 65710 0015210-41200-- PD 15657 SUPPLIES CITY MANAGER 31.20 06/09/2005 65710 0014030-41200-- PO 156.57 SUPPLIES-P/INFO 78..30 06/09/2005 65710 0019095-41200-- PO 15657 SUPPLIES -GENERAL 676.85 06/09/2005 65710 0014090-41200--38.57 PO 15657 SUPPLIES -COMM SVCS 06/09/2005 65710 0015350-91200-- PO 15657 TOTAL PREPAID CHECK(S) 1,085.68 TOTAL UNPAID CHECK(S) .00 1,085.66 TOTAL DUE VENDOR OLYMPIC STAFFING SERVICES SVCS -WK 5/29 158.88 06/09/2005 65711 0015310-44000-- 114771 TEMP 6/5 476.64 06/16/2005 65793 16300 114831 TEMP SVCS -WK 0015210-44000-- TOTAL PREPAID CHECK(S) 635.52 TOTAL UNPAID CHECKS) .00 635.52 TOTAL DUE VENDOR P.F. PETTIBONE & CO 397.45 06/16/2005 65794 8897 SUPPLIES-PLNG 0015210-41200-- TOTAL PREPAID CHECK (S) 397.45 TOTAL UNPAID CHECK(S) .DO 397.45 TOTAL DUE VENDOR PAYROLL TRANSFER PAYROLL TRANSFER-OS/PP 12 104,700.00 06/16/2005 12 05 -PP 001-10200-- OS -PP 12 TOTAL PREPAID CHECK(S) 104,700.00 TOTAL UNPAID CNECK(S) .00 104,700.00 TOTAL DUE VENDOR PERS RETIREMENT FUND 0014010-40090-- 0014010-40080-- 001-21109-- 001-21109-- COL21109-- PP 12/05 CC -SURVIVOR BENEFIT PP 12/05 CC -RETIRE CONTRIB-EE/ER PP 12/05 SURVIVOR BENEFIT PP 12/05 RETIRE CONTRIB-EE PP 12/05 RETIRE CONTRIB-ER TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECKS) TOTAL DUE VENDOR BRYAN PETROFF REIMH-SUPPLIES PBC 0015333 -41200 -- TOTAL PREPAID CHECK(G) TOTAL UNPAID CHECK(5) TOTAL DUE VENDOR DOMINIC PISIGAN 21042 RECREATION REFUND 001 -34780 -- TOTAL PREPAID CHECK (S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR 8.00 06/16/2005 65795 449.42 06/16/2005 65795 39.99 06/16/2005 65795 6,705.41 06/16/2005 65795 7,721.82 06/16/2005 65795 14,924.64 .00 14,924.64 38.40 06/16/2005 65796 38.40 .00 38.40 36.00 06/16/2005 65797 36.00 .00 36.00 CITY OF DIAMOND BAR PAGE: 14 CSECK REGISTER RUN DATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2005 PREPAID AMOUNT DATE CHECK PO INVOICE DESCRIPTION FUND/$ECT-ACCT-PROJECT-ACCT PITNEY BOWES INC POSTAGE CHARGES 1,058.00 06/16/2005 65798 001409D-42130-- TOTAL PREPAID CHECK(S) 1,05800 TOTAL UNPAID CHECK(S) 00 1,058.00 TOTAL DUE VENDOR R F DICKSON COMPANY8,999.46 STREET SWEEPING SVCS -MAY 06/16/2005 65799 0015554-45501-- 15611 2500251 CHECK(S) 8,999.46 TOTAL PREPAID 00 TOTAL UNPAID CHECK(S) 8,999.46 TOTAL DUE VENDOR DR KAMTA RAI PROPERTY DAMAGE 19504 -56.00 06/09/2005 65712 001-36800-- 20947 pK REFUND -DBC 19504 500.00 96/09/2005 65712 001-23002-- 20947 TOTAL PREPAID CHECKS) 444.00 TOTAL UNPAID CHECX(S) .00 TOTAL DUE VENDOR 444.00 RALPHS GROCERY/FOOD 4 LESS SUPPLIES -TINY TOTS 11.90 06/09/2005 65713 0015350-41200-- 15638 TOTAL PREPAID CHECKS) 11.90 .00 TOTAL UNPAID CHECK(S) 11.90 TOTAL DUE VENDOR REINBERGER PRINTWERKS PRINT SVCS -DBC INSERTS 3,.633.27 06/09/2005 65714 0014095-44000--2,731-15 16259 14433 PRINT SVCS -DBC INSERTS 06/09/2005 65714 0014095-44000-- 16217 14433 6,564.42 TOTAL PREPAID CHEMS) TOTAL UNPAID CHECK(S) .00 6,564,42 TOTAL DUE VENDOR REMEDY1,243.36 TEMP SVCS -WK 5/22 06/09/2005 65715 0014030-44000-- 16313 1472887 5/29 1,402.13 06/16/2005 65800 16313 1478535 TEMP SVCS -WK. 0014030-44000-- TOTAL PREPAID CHECK(S) 2,645.49 TOTAL UNPAID CHECK{S) .00 2,645.49 TOTAL DUE VENDOR RHF INC45033 55.39 06/09/2005 65716 EQ MAINT-SHERIFF 1264411-42200-- TOTAL PREPAID CHECK(S) 55.39 TOTAL UNPAID CHECK($i .00 55.39 TOTAL DUE VENDOR MARSHA RDA 253.90 06/09/2005 65717 1080 CONE -ROA 0014095-42330-- REIMB-BRTDAL FAIRE 109.90 06/09/2005 65717 0014095-44000-- CAPIO CONF-RDA 305.22 06/()9/2005 65717 0014095-42330-- TOTAL PREPAID CHECK(S) 669.02 TOTAL UNPAID CHECK(S) .OD 669,02 TOTAL DUE VENDOR CITY OF DIAMOND BAR PAGE: 15 CHECK REGISTER RUN DATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2005 PREPAID AMOUNT DATE CHECK PO # INVOICE DESCRIPTION FUND/SECT-ACCT-PROJECT-ACCT BOB ROSE EMPLOYEE COMP LOAN FROG 530.53 06/09/2005 65718 0014060-42348--530.53 TOTAL PREPAID CHECKS} TOTAL UNPAID CHECK(S) 00 530.53 TOTAL DUE VENDOR SAN GABRIEL VALLEY CITY MGR ASSOC SGVCNA MTG-CMGR,DOYLE,MCL 195,00 06/16/2005 65601 0014030-42325-- TOTAL PREPAID CHECK(5) 195.00 TOTAL UNPAID CHECK(S) .00 195.00 TOTAL DUE VENDOR SAN GABRIEL VALLEY TRIBUNE - LEGAL ADELECTION 695.30 06/16/2005 65802 0014030-42115-- 15569 85252 SIGN PROD 108.00 06/09/2005 65719 0015554-45506-- AD -STREET SIGN PROS 181.40 06/09/2005 65719 0015554-45506.--AD-SLURRY AD -STREET SEAL AREA 1 105.80 06/09/2005 65719 2505510-46411-01404-46411 TOTAL PREPAID CHECK(S) 1,090.50 TOTAL UNPAID CHECK(S) .00 1,090.54 TOTAL DUE VENDOR MEENA SHAH PROPERTY DAMAGE 19901 -28.00 06/09/2005 65720 001-36800--500.00 20942 PK REFUND -DBC 19901 06/09/2005 65720 001-23002-- 20942 TOTAL PREPAID CHECK(S) 472.00 TOTAL UNPAID CHECK(S) .00 TOTAL DUE VENDOR 472.00 JERRYL LYNN SHORT CONTRACT CLASS -SPRING 1,778.40 06/09/2005 65721 0015350-45300-- 16348 TOTAL PREPAID CHECK(S) 1,778.40 TOTAL UNPAID CHECK(S) .00 1,776.40 TOTAL DUE VENDOR SMART & FINAL59.43 SUPPLIES -RECREATION 06/09/2005 65722 0015350-41200-- 15686 78629 TOTAL PREPAID CHECKS) 59.43 TOTAL UNPAID CHECK(S) .00 59.43 TOTAL DUE VENDOR SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 314.22 06/09/2005 65723 1385538 -42126 -- ELECT SVCS -TRAFFIC CONTRL 30.06 06/09/2005. 657 23 0015510 -42126 --ELECT SVCS-DIST 38 14.57 06/16/2005 65803 1415541-42126-- ELECT SVCS -DBC 5,674.60 06/16/2005 65803 0015333-42126-- ELECT SVCS-DIST 38 14.10 06/16/2005 65803 1385538-42126-- 6,047.55 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) .00 6,04V.55 TOTAL DUE VENDOR SOUTHLAND CAR COUNTERS PROF.SVC5-SPEED COUNTS 1,666.00 06/16/2005 65804 16381 05-2183 (1015551-45222-- TOTAL PREPAID CHECK{S) 1,666.00 TOTAL UNPAID CNECK(S) .00 1,666.00 TOTAL DUE VENDOR CITY OF DIAMOND SAR PAGE: 16 CHECK REGISTER RUN DATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2005 PREPAID AMOUNT DATE CHECK PO #i INVOICE DESCRIPTION FUND/SECT-ACCT-PROJECT-ACCT SOUTHY.AND SPORTS OFFICIALS OFFICIAL SVCS -5/22 782.00 06/09/2005 65724 0015350-45300-- 15734 TOTAL PREPAID CHECK(S) 782.00 TOTAL UNPAID CHECK(S) .00 782.00 TOTAL DUE VENDOR SPORT SUPPLY GROUP INC SUPPLIES -RECREATION 96.31 06/09/2005 65725 0015350-91200-- 91706219 TOTAL PREPAID CHECK (S) 96.31 TOTAL UNPAID CHECK(S) 00 96.31 TOTAL DUE VENDOR SRYTTANY STETSON100.00 PK REFUND -DHC 20083 06/09/2005 65726 001-23002-_ 20944 TOTAL PREPAID CHECKS) 100.00 TOTAL UNPAID CHECK(S) .00 100.00 TOTAL DUE VENDOR STUBBLE PROMOTIONAL SUPPLIES-P/INFO 806.00 06/09/2005 65727 0014095-42315-- 2213 TOTAL PREPAI❑ CHECK(S) &06.00 TOTAL UNPAID CHECKS) .00 606.00 TOTAL DUE VENDOR JACK TANAKA PING COMM -4/12,4/26 130.00 06/16/2005 65805 0015210-44100-- PREPAID CHECKS} 130.00 TOTAL TOTAL UNPAID CHECKS) .00 130.00 TOTAL DUE VENDOR MELISSA TAYLOR21053 RECREATION REFUND 385.00 06/16/2005 65806 001-34760-- TOTAL PREPAID CHECK(S) 385.00 TOTAL UNPAID CHECK(S) .00 385.00 TOTAL DUE VENDOR TELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS -JUN 05 486.20 06/16/2005 65807 16155 8-0 0014070-44030-- TOTAL PREPAID CHECK(S) TOTAL 486.20 TOTAL UNPAID CHECK(S) .00 466.20 TOTAL DUE VENDOR THE PRESS ENTERPRISE AD -ECONOMIC DEV 1,500.00 06/16/2005 65808 0015240-42115-. 16370 2213 CHECK(S) 1,500.00 TOTAL PREPAID TOTAL UNPAID CHECKS) .00 1,800.00 TOTAL DUE VENDOR THE WHOLE ENCHILADA INC MTG SUPPLIES-P/WORKS 63.76 06/09/2005 65728 0015510-42325-- 92393 TOTAL PREPAID CHECK(S) 63.76 TOTAL UNPAID CHECK(S) .00 63.76 TOTAL DUE VENDOR CITY OF DIAMOND BAR PAGE: 17 CHECK REGISTER RUN DATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2005 PREPAID DESCRIPTION AMOUNT DATE CHECK PUNA/S.ECT-ACCT-PROSECT-ACCT PO # INVOICE MARTIN TORRES P & R COMM -5/26 45.00 06/09/2005 65729 0015350-44100--45.00 TOTAL PREPAID CHECKS) TOTAL UNPAID CHECK(S) .00 45.00 TOTAL DUE VENDOR TRANE REPAIRS -TRACER SYS DBC 1,020.00 06/16/2005 65609 0015333-92210-- 16393 5 TOTAL PREPAID CHECK(S) TOTAL 1,020.00 TOTAL UNPAID CHECK(S) 00 1,020.00 TOTAL DUE VENDOR TRENCH PLATE260.00 EQ RENTAL-APR/MAY OS 06/09/2005 65730 0015554-42130-- 21-01699-05 TOTAL PREPAID CHECK(5) 260.00 TOTAL UNPAID CHECKS) .00 266.00 TOTAL DUE VENDOR TRI CITIES POOL SERVICE & REPAIR MAINT-DBC MAY O5 160.00 06/09/2005 65731 0015333-45300-- 15927 5767 TOTAL PREPAID CHECK (S) 160.00 TOTAL UNPAID CHECK(S) 00 160.00 TOTAL DUE VENDOR STEVEN TYE PLNG COMM -4/12,4/26 130.00 06/16/2005 65810 0015210-44100-- TOTAL PREPAID CHECK (S) 130.00 TOTAL UNPAID CHECK(S) OD 130.00 TOTAL. DUE VENDOR URBAN ENTOMOLOGY ASSOCIATE INC GOPHER CONTROL-DIST 38 55-00 06/09/20.05 6573.2 1385538-42210-- 15679 2858 SQUIRREL CONTROL -MAY 05 155.00 06/09/2005 65732 0015340-42210-- 15691 2757 TOTAL PREPAID CHECKS) 210.00 TOTAL UNPAID CHECK(S) .00 210.00 TOTAL DTTE VENDOR US HEALTHWORKS MEDICAL GROUP, PC PRE-EMPLOYMENT PHYSICAL 180.00 06/16/2005 658 11 0014060-42325--500.00 712250 -CA PRE-EMPLOYMENT PHYSICAL 06/16/2005 65911 0014060-42395-- 680054 -CA TOTAL PREPAID CHECK(S) 680.00 TOTAL UNPAID CHECK(S) .00 680.00 TOTAL DUE VENDOR VALLEY CREST LANDSCAPE MAINT INC ADD'L MAINT-PANTERA/PETER 465.10 06/16/2005 65012 0015340-42210-- 15749 1400840 LNDSCP MAINT-DBC/SUMMTRDG 5,020.00 06/16/2005 65012 0015333-45300-- A15993 1392354 LNDSCP MAINT-DIST 39 2,455.00 06/16/2005 65812 1395539-46250-- A15993 1392354 LNDSCP MAINT-PTRSN/PANTRA 10,103.00 06/16/2005 65812 0015340-45300-- 15746 1392354 PREPAID CHECK(S) 18,043.10 TOTAL TOTAL UNPAID CHECK(S) .00 16,043.10 TOTAL DUE VENDOR CITY OF DIAMOND BAR PAGE 18 CHECK REGISTER: RUN DATE: 06/16/2005 15=23:43 DUE THRU: 06/16/2005 PREPAID AMOUNT PATE CHECK PO }# INVOICE DESCRIPTION FUND/SECT-ACCT-PRO�IECT-ACCT VALLEY TROPHY & NAMEPLATE SUPPLIES -RECREATION 492.50 06/16/2005 65813 0015350-41200-- 13219 TOTAL PREPAID CHECK(S) 492.50 TOTAL UNPAID CHECK(S) 00 492.50 TOTAL DUE VENDOR VANTAGEPOINT TRANSFER AGENTS -303249 6/17/05 -PAYROLL DEDUCTION 65814 5,357.16 06/16/2005 001-21108--5,357.16 PP 12/05 TOTAL PREPAID CHECKS) TOTAL UNPAID CHECKS) .00 5,357.16 TOTAL DUE VENDOR VERIZON CALIFORNIA pH,SVCS-GENERAL 666.66 06/09/2005 65733 0014090-42125-- pH.SVCS-FAX LINE/CNCL 20.86 06/09/2005 65733 0014010-42125-- PH.SVCS-DBC 84.78 96/09/2005 65733 0015333-42125-- PH.SVCS-DBC 90.77 06/09/2005 65733 0015333-42125-- PH.SVCS-PARKS 182-79 06/09/2005 65733 0015340-42125-- PH.SVCS-GENERAL 30.22 06/09/2005 65733 0014090-42125-- PH.SVCS-DHC 218.16 06/09/2005 65733 0015333-42125-- TOTAL PREPAID CHECKS} 1,294.46 TOTAL UNPAID CHECKS) .00 1,294.46 TOTAL DUE. VENDOR VISION INTERNET PROVIDERS INC WEB HOSTING SVCS -JUN 05 150.00 06/16/200565615 0014070-44030-- 15752 10521 CHECKS) 150.00 TOTAL PREPAID .00 TOTAL UNPAID CHECM S) 150.00 TOTAL DUE VENDOR WALNUT VALLEY UNIFIED SCHOOL DIST- FACILITY RENTAL -MAY 05 1,118.00 06/09/2005 65734 0015350-42140-- FACILITY RENTAL -4/12 37.50 06/09/2005 65734 0015510-42325-- TOTAL PREPAID CHECK(S) _ 1,155.50 TOTAL UNPAID CHECK(S) .00 1,155.50 TOTAL DUE VENDOR WALNUT VALLEY WATER DISTRICT SVCS -PARKS 14,702.24 06/16/2005 65816 0015340-42126-- WATER WATER SVCS-DIST 41 5,885.32 06/16/2005 65816 1415541-42126-- WATER SVCS-DIST 39 4,648.07 06/16/2005 65816 1395539 -42126 --WATER SVCS-DIST 38 12,514.31 06./16/2005 65816 1385538-42126--30.00 06/16/2005 65817 1215 ANNL RENTAL-EASTGATE 0014440-42126-- TOTAL PREPAID CHECK(5) 37,779.94 TOTAL UNPAID CHECKS) .00 37,779.94 TOTAL DUE VENDOR WAXIE SANITARY SUPPLY CORP 342.52 06/09/2005 65735 16316 66934856 SUPPLIES -➢BC 06/09/2065 65135 Q015333-41200-- 68925806 SUPPLIES -DBC 276.84 0015333-41200-- 16316 TOTAL PREPAID CHECK(S) 619.36 TOTAL UNPAID CHECK(S) .00 619.36 TOTAL DUE VENDOR CITY OF DIAMOND PAR PAGE: 19 CHECK REGISTER RUN DATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2005 FUND/SECT-ACCT-PROSECT-ACCT WELLS FARGO BANK 0014010 -42330 -- 0014010 -42330 -- 0014010 -42330 -- 0014010 -42330 -- WELLS FARGO CARD SERVICES 0014090-41400-- 0014070-42125-- 0014090-41400-- 0015350-42325-- 0015350-41200-- 0015350-41200-- 00153So-41200-- 0015510-42340-- 0014090-42325-- 0015350-41200-- 0014070-42335-- 0014090-41400-- PO # INVOICE pESCRIPTION AMOUNT CC-MTG W/HUFF & RESIDENTS CC -ASSEMBLY HRG TR -ASSEMBLY HRG-MCLEAN CC -LEGAL ACTION DAYS TOTAL PREPAID CHFCK(S) TOTAL UNPAID CHECKS) TOTAL DUE VENDOR SUPPLIES -GENERAL PHONE EQ -I -S. SUPPLIES -GENERAL MTG SUPPLIES -COMM -SVCS SUPPLIES-COMM.SVCS SUPPLIES-COMM.SVCS SUPPLIES-COMM.SVCS TRNG-ALAMOLHODA MTG SUPPLIES -ERC SUPPLIES -RECREATION I.S CONF-4ESFORGES SUPPLIES -GENERAL TOTAL PREPAID CHECKS) TOTAL UNPAID CHECKS) TOTAL DUE VENDOR WEST COAST ARBORISTS INC TREE MAINT-MAY 05 0015558-45509-- 15933 37118 TOTAL PREPAID CHECK (S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR WEST COAST MEDIA Ap_JUNE 05 0014095-42115-- 1623& 6062139 TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECKS) TOTAL DOE VENDOR WEST END UNIFORMS 15701 64443 SUppLIES-V/PATROL 0014415 -41200 -- TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR WI SCTF PP 11-12 SLRY ATTCHMT-1965778 001 -21114 -- TOTAL PREPAID CHECK(S) TOTAL UNPAID CHECK(S) TOTAL DUE VENDOR PREPAID DATE CHECK 119.40 06/16/2005 63979 613.75 06/16/2005 63979 63.00 06/16/2005 63979 385.16 06/16/2005 63979 1,181.33 00 1,181.33 52.72 06/09/2005 65736 53.97 06/09/2005 65736 34-99 06/09/2005 65736 55.04 06/09/2005 65736 249.40 06/09/2005 65736 386.98 06/09/2005 65736 86.00 06/09/2005 65736 130.00 06/09/2005 65736 37.35 06/09/2005 65736 17.53 06/09/2005 65736 186.90 06/09/2005 65736 8.09 06/09/2005 65736 1,298.97 .Oo 1,298.97 197.00 06/09/2005 65737 197.0o .00 197.00 475.00 06/09/2005 65736 475.00 .00 475.00 138.24 06/16/2005 65815 138.24 .00 138.24 49.19 06/16/2005 65819 49.19 .00 49.19 • r CITY OF DIAMOND BAR PAGE: 20 CHECK REGISTER RUN DATE: 06/16/2005 15:23:43 DUE THRU: 06/16/2005 PREPAID AMOUNT DATE CHECK PO # INVOICE DESCRIPTION E'UND/SECT-ACCT-PROJECT-ACCT 317.90 06/09/2005 65739 WINTERNALS SOFTWARE LP COMP MAINT-SOFTWARE 126.16 06/09/2005 65739 0014070-42205-- COMP MAINT-SOFTWARE 944.06 0014 070-42205-- TOTAL PREPAID CHECKS} .00 `DOTAL UNPAID CHECKS) 444.06 TOTAL DUE VENDOR 227.50 06/16/2005 65820 PAUL WRIGHTA/V 15656 6/10/05 SVCS-P/C,CNCL MTG 227.50 0014090-44000-- TOTAL PREPAID CHECK(S) 00 TOTAL UNPAID CHECK(S) 227.50 TOTAL DUE VENDOR 19000 06/16/2605 65821 ANGELINE YAO200.00 PK REFUND-PANTERA 21252 200.00 001-23002-- TOTAL PREPAID CHECK(S) 00 TOTAL UNPAID CHECKS) 200.00 TOTAL DUE VENDOR 502,400.37 REPORT TOTAL PREPAID CHECKS .00 REPORT TOTAL UNPAID CHECKS 502,400.37 REPORT TOTAL Agenda # 6.3.1 Meeting Date: June 21, 2005 CITY COUNCIL r�r ;� yYt -� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage dy-le-4 TITLE: Rejection of Claim — Filed by Thomas S. Craver — April 8, 2005. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Thomas Craver. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for approximately $25,000. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On April 8, 2005, Thomas Craver filed a Claim for Damages with the City alleging that damage to his property was caused by the City. 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: Asst. City Man r Agenda # 6.3.2 Meeting Date: June 21, 2005 CITY COUNCILME AGENDA REPORT rLC'()R'r[15t��S7� TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managev�gT TITLE: Rejection of Claim — Filed by Gabrielle L. Storer — April 26, 2005, RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Gabrielle L. Storer. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On April 26, 2005, Gabrielle L. Storer filed a Claim for Damages with the City alleging that her injuries were caused by the City. 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: Asst. City M ager CITY COUNCIL Agenda # 6 4 Meeting Date: June. 21, 2005 AGENDA REPORT TO: Honorable Mayor and Members of,t-oe City Council VIA: Linda C. Lowry, City Manager` TITLE: Transmittal of Audit Report of Air Quality Improvement Fund (AB2766) for FY 02-03 RECOMMENDATION: It is recommended that the City Council receive and file the Audit Report of Air Quality Improvement Fund (AB2766) for FY 02-03 as prepared by the City Finance Department and the SCAQMD selected auditors, Thompson, Cobb, Bazilio & Associates, PC. FINANCIAL IMPACT: No Fiscal Impact — Audit cost paid by SCAQMD BACKGROUND: Health and Safety Code Section 44244.1, enacted by Assembly Bill 2766 (AB 2766), requires an audit at least once every two years of each program or project funded by any agency receiving motor vehicle registration fee revenues: In tNovember 2004, the conduct the sixth biennialMD audit. The and t covered the CPA IF sc I rm of Thompson, Cobb, Bazilio & Associates to Year 2002-03. DISCUSSION: The audit has indicated that our City is in compliance with all AB 2766 requirements on the administration of our AB 2766 program and our City's commitment to the goal of reducing emissions from motor vehicles is commendable. PREPARED BY: Susan Full, Senior Accountant DepartHerO Head Deputyity Manager Attachment: The Audit Report of Air Quality Improvement Fund for FY02-03 by TCBA THOMPSON, COBB, BA21LIO & ASSOCIATES, PC Certified Public Accountants and Management, Systems, and Financial Consultants 21250 Hawthorne Boulevard 1101 15' Street, N. W. 100 100 Pear! Street Suite 500 Suite 400 14th Floor Torrance, CA 90503 Washington, DC 20005 Hartford, CT 06103 310-792-7001 203-737-3300 203-249-7246 Fax: 310-792-7004 Fax: 203-737-2684 Fax: 203-275-6504 INDEPENDENT ACCOUNTANT'S REPORT ON APPLYING AGREED-UPON PROCEDURES Governing Board The South Coast Air Quality Management District, Diamond Bar, California We have performed the procedures (the Procedures) described in Attachment A to this report, which were agreed to by the South Coast Air Quality Management District (SCAQMD), solely to assist you with respect to determining whether automobile registration fee revenues (AB 2766 funds) distributed to the City of Diamond Bar during fiscal year (FY) 2002-2003 were spent on the reduction of air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the SCAQMD's Air Quality Management Plan (AQMP) prepared pursuant to Article 5 of Chapter 5.5 of Part 3 of the California Health and Safety Code (CHSC). The City of Diamond Bar's management is responsible for use of AB 2766 funds in accordance with the cited criteria. This agreed-upon procedures engagement was conducted in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of these Procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the Procedures described in Attachment A, either for the purpose for which this report has been requested or any other purpose. REVIEW SCOPE AND METHODOLOGY We performed the Procedures in accordance with the requirements of our Contract No.05056. Our fieldwork began and was completed on January 24, 2005. Generally, our Procedures consisted of 1) obtaining an understanding of the entity's accounting and financial reporting systems for the receipt and use of AB 2766 funds, 2) obtaining an understanding of the entity's system of internal controls as they related to the receipt and use of AB 2766 funds in order to establish the nature and extent of substantive testing of transactions, and 3) reviewing and analyzing, on a test basis, documentation supporting the receipt and use of AB 2766 funds in accordance with the California Clean Air Act of 1988 under the provisions of the CHSC Section 44220(a). RESULTS OF THE PROCEDURES We found no exceptions in the application of the procedures. LIMITATIONS AND RESTRICTIONS We were not engaged to, and did not, conduct an audit, the objective of which would be the expression of an opinion, on the specified elements, accounts, or items. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely for the information and use of the Governing Board and management of the SCAQMD and is not intended to be and should not be used by anyone other than these specified parties. Torrance, CaliforniaS"Ywrw, `,"''"� January 24, 2005 Attachment A SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF DIAMOND BAR LISTING OF AGREED-UPON PROCEDURES 1. We conducted interviews in order to obtain an understanding of how the City accounts for AB 2766 funds including whether the funds are maintained in a separate City fund or if there is a separate accounting for the funds maintained by another means. 2. We agreed total AB 2766 revenues for the period per the general ledger to the SCAQMD's record of disbursements. We reconciled any differences. 3. We obtained prior year's audited ending fund balance, added receipts including interest, less disbursements to obtain fund ending balance and agreed to the general ledger. We reconciled any differences. 4. We reconciled cash by obtaining the prior year's audited balance, added revenues, interest, payables and prior year's receivables, subtracted expenditures, receivables and prior year's payables. 5. We conducted interviews in order to obtain an understanding of how the City allocates interest earned and determined the reasonableness of the interest allocation and that interest was used for the same purposes for which AB 2766 funds were allocated to the City. 6. We reviewed and tested AB 2766 project expenditures to determine allowability, reasonableness and adequacy of supporting documents in accordance with CHSC section 44224(b), and that AB 2766 fund expenditures were incurred solely to reduce air pollution from motor vehicles and for related planning, monitoring, enforcement and technical studies necessary for implementation of the California Clean Air Act of 1988, if any. 7. We reviewed and tested accounts payable and interfund payables for the AB 2766 fund as of the year end and ensured that the related payables were allocable to the AB 2766 fund and that the expenditures were incurred during the audited period, if any. We reviewed AB 2766 payroll expenditures and related payroll registers and employee records, on a test basis, to verify hours worked, mathematical accuracy, salary rates and employment dates, if any. 9. We reviewed AB 2766 expenditures to verify, in accordance with CHSC section 44233, that the City did not use more than 5% of the AB 2766 fees distributed for administrative expenditures. Attachment A SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT CITY OF DIAMOND BAR LISTING OF AGREED-UPON PROCEDURES 10. We verified that the City has adopted an AB 2766 ordinance in accordance with CHSC Section 44243(b). 11. We obtained and reviewed the City's Comprehensive Annual Financial Report and Single Audit Report, if any for the year reviewed, verified that the audits were performed by an independent CPA firm and identified issues pertinent to the AB 2766 funds. 12. We reviewed financial, compliance and progress reports to verify that the City has submitted them to the SCAQMD by February 1, 2004 for the fiscal year ended June 30, 2003. CITY of DIAMOND BAR$ CALIFORNIA Agreed -Upon Procedures Review Air Quality Improvement Fund For the Year Ended June 30, 2003 Prepared For: The South Coast Air Quality Management District Submitted by TCBA THOMPSON, COBB, BAZIL40 & ASSOCIATES,PC 21250 Hawthorne Blvd. Suite 500 Torrance, CA 90503 PH 310.792.7001 . Fx 310.792.7004 . www.tcba.com 1 i THOMPSON, COBB, BAZILIO & ASSOCIATES, PC 1 Certified Public Accountants and Management, Systems, and Financial Consultants 1901 151 Street N. W. 100 100 Peari Street 29250 Hawthorne Boulevard Suite 400 14"' Floor Suite 500 Washington, DC 20005 Hartford, CT 06103 Torrance, CA 90503 203-737-3300 203-249-7246 310-792-7001 Fax: 203-275-6504 Fax: 310-792-7004 Fax: 203-737-2684 INDEPENDENT ACCOUNTANT'S REPORT ON APPLYING AGREED-UPON PROCEDURES Governing Board The South Coast Air Quality Management District, Diamond Bar, California We have performed the procedures (the Procedures) described in Attachment A to this report, which were agreed to by the South Coast Air Quality Management District (SCAQMD), solely to assist you with respect to determining whether automobile registration fee revenues (AB 2766 funds) distributed to the City of Diamond Bar during fiscal year (FY) 2002-2003 were spent on the reduction of air pollution from motor vehicles pursuant to the California Clean Air Act of 1988 or the SCAQMD's Air Quality Management Plan (AQMP) prepared pursuant to Article 5 of Chapter 5.5 of Part 3 of the California Health and Safety Code (CHSC). The City of Diamond Bar's management is responsible for use of AB 2766 funds in accordance with the cited criteria. This agreed-upon procedures engagement was conducted in accordance with standards established by the American Institute of Certified Public Accountants. The sufficiency of these Procedures is solely the responsibility of those parties specified in the report. Consequently, we make no representation regarding the sufficiency of the Procedures described in Attachment A, either for the purpose for which this report has been requested or any other purpose. ' REVIEW SCOPE AND METHODOLOGY We performed the Procedures in accordance with the requirements of our Contract No.05056. ' Our fieldwork began and was completed on January 24, 2005. Generally, our Procedures consisted of 1) obtaining an understanding of the entity's accounting ' and financial reporting systems for the receipt and use of AB 2766 funds, 2) obtaining an understanding of the entity's system of internal controls as they related to the receipt and use of AB 2766 funds in order to establish the nature and extent of substantive testing of transactions, ' and 3) reviewing and analyzing, on a test basis, documentation supporting the receipt and use of AB 2766 funds in accordance with the California Clean Air Act of 1988 under the provisions of ' the CHSC Section 44220(a), RESULTS OF THE PROCEDURES ' We found no exceptions in the application of the procedures. i i 1 1 LIMITATIONS AND RESTRICTIONS IWe were not engaged to, and did not, conduct an audit, the objective of which would be the expression of an opinion, on the specified elements, accounts, or items. Accordingly, we do not express such an opinion. Had we performed additional procedures, other matters might have come to our attention that would have been reported to you. This report is intended solely information and s not intendedto be and should the Governing Board and management of the SCAQ of be used by anyone other than these specified parties. Torrance, California ► ► I January 24, 2005 ' 2 r Attachment A SOUTH COAST AIR QUALITY CITY AR ENT DISTRICT ITOF DIAMOND BAR LISTING OF AGREED-UPON PROCEDURES l , We conducted interviews in order to whether theain an understanding funds are maintained �n a sepahate City fund or e City accounts for AB 2766 funds including if there is a separate accounting for the funds maintained by another means. 2. We agreed total AB 2766 revenues for the period per the general ledger to the ` SCAQMD's record of disbursements. We reconciled any differences. ing 3. We obtained prior year's audited ending fundbalance, and,a gded reed to thetgeneralpledgerterWe less disbursements to obtain fund ending ba g reconciled any differences. 4. We reconciled cash by obtaining the prior year's audited balance, added revenues, year's receivables, subtracted expenditures, receivables and interest, payables and prior prior year's payables. of w the City ates 5. We conducted interviews in order the reasonableneobtain an ss of Cheng teres allocation andthat interest earned and determined interest was used for the same purposes for which AB 2766 funds were allocated to the City. 6. We reviewed and tested AB 2766 project expenditures to determine allowability, reasonableness and adequacy of supporting documents in accordance with CHSC section 44220(b), and that AB 2766 fund expenditures were incurred solely to reduce air ' pollution from motor vehicles and for related planning, monitoring, enforcement and technical studies necessary for implementation of the California Clean Air Act of 1988, if ' any. fund as 7. We reviewed and tested accountspayable rebated payables were alnd locable to the AB 2les for the AB 766 fund ' of the year end and ensured thatp and that the expenditures were incurred during the audited period, if any. related payroll istes and g. We reviewed AB 2766 payroll td yee expenditures worked,pmathematical accurgacyrsalary rates and records, on a test basis, to verify employment dates, if any. 1 9, We reviewed AB 2766 expenditures to verify, in accordance with CHSC section 44233, that the City did not use more than 5% of the AB 2766 fees distributed for administrative expenditures. Attachment A SOUTH COAST AIR QUALITY UA IT M NDB R ENT DISTRICT CITY LISTING OF AGREED-UPON PROCEDURES 10. We verified that the City has adopted an AB 2766 ordinance in accordance with CHSC Section 44243(b). ial 11. We obtained and reviewed the City's Comprehensive verified tha the and ual tscwereperformed eport and Single Audit Report, if any for the year reviewed by an independent CPA firm and identified issues pertinent to the AB 2766 funds. 12. We reviewed financial, compliance and progress reports to verify that the City has submitted them to the SCAQMD by February 1, 2004 for the fiscal year ended June 30, 2003. r CITY COUNCIL Agenda Meeting Date: 06121 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage OG{ TITLE: AMENDMENT #3 TO CONTRACT WITH VALLEYCREST LANDSCAPE C.P.I.INC MAINTENANCE ENA, WHICHCEATINCLUDES FIVE LOCATIONS FOR TE 2005/06 FISCAL YEAR IN THE INCREASE; PLUS A CONTINGENCY AMOUNT OFOUNT OF $50,000 FOR AS -NEEDED WORK. A 3.°/° Recommendation: Approve. Financial Impact: Funds for this contract are included in the proposed 2005106 FY budget. Background/Discussion: The five City locations to be maintained by ValleyCrest Landscape Maintenance are: 1. Pantera Park — 738 Pantera Drive 2. Peterson Park — 24142 E. Sylvan Glen Drive 3. Diamond Bar Center —1600 S. Grand Ave. 4. Summitridge Park —1425 Summitridge Drive 5. Summitridge Mini -Park —1307 Summitridge Drive Section 14 of the contract allows the City Council to extend the contract in one-year increments, with a C.P.1. increase. The C.P.I. index for the period ending April, 2005 shows a 4.8% increase. Staff is authorized to negotiate the increase between no increase to a maximum of the C.P.I. increase amount. ValleyCrest has agreed to a 3.2% C.P.1, increase. Attachments: Contract dated April 8, 2003 Amendment #1 dated July 6, 2004 Amendment #2 dated October 5, 2004 Amendment #3 date June 21, 2005 Letter from ValleyCrest Landscape Maintenance dated June 3, 2005 C.P.I. Index — April 2005 — Los Angeles/Riverside/Orange Counties (http://www.bis.gov/ro9/pachist.htm) Community Services Director James DeStefano Assistant City Manager AMENDMENT #3 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 21st day of June, 2005 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and VALLEYCREST LANDSCAPE MAINTENANCE, ("CONTRACTOR") Recitals: a. CONTRACTOR entered into a 15 month AGREEMENT with CITY effective April 1, 2003 ("the AGREEMENT") for Landscape Maintenance at locations listed in Exhibit A. b, The City Council approved Amendment #1 on July 6, 2004 to extend the term of the AGREEMENT for the period of July 1, 2004 through June 30, 2005 and to provide a 2.6 % C.P.I. increase. c. The City Council approved amendment #2 on October 5, 2004 to revise locations in Exhibit A and to authorize additional services. d. Parties desire to amend the agreement to extend the term for the period of July 1, 2005 through June 30, 2006 and to provide a 3.2% C.P.I. increase. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2005 through June 30, 2006. Section 2 — AGREEMENT for extension includes a C.P.I. increase of 3.2 % and shall not exceed $217,680. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #3 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Bob Zirbes Title: Mayor APPROVED TO FORM City Attorney VALLEYCREST LANDSCAPE MAINTENANCE Contractor Signed Title Linda Lowry City Clerk AMENDMENT #1 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 6th day of July, 2004 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and VALLEYCREST LANDSCAPE MAINTENANCE, ("CONTRACTOR") Recitals: a. VALLEYCREST LANDSCAPE MAINTENANCE entered into a 15 month AGREEMENT with CITY effective April 1, 2003 ("the AGREEMENT') for Landscape Maintenance at locations listed in Exhibit A. b. Parties desire to amend the AGREEMENT to extend the term for the period of July 1, 2004 through June 30, 2005 and to provide a 2.6 % C.P.I. increase. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from.July 1, 2004 through June 30, 2005, Section 2 — AGREEMENT for extension includes a C.P.I. increase of 2.6 % and shall not exceed $121,236.26. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signe B ob Zi-ies Title: Mayor VALLEYCRES LANDSCA E MAINTENANCE Contract(ir i Signe 1�iv Title Linda Lowry City Clerk AMENDMENT #2 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENTcde this 5th of the St teay of of CO fornea ("CITY") actobr, 2004 by annbetween the CITY OF d VALLEYCREST DIAMOND BAR, a municipal LANDSCAPE MAINTENANCE, ("CONTRACTOR") Recitals: a. VALLEYCREST LANDSCAPE MAINTENANCE entered into a 15 month AGREEMENT with CITY effective April 1, 2003 ("the AGREEMENT") for Landscape Maintenance at locations listed in Exhibit A. b. CITY extended AGREEMENT with CONTRACTOR for the period of July 1, 2004 through June 30, 2005, in the amount of $121,236.26, plus a contingency of $20,000 for a total authorization of $141,236.26. C. Parties desire to amend the AGREEMENT to add three additional locations to AGREEMENT and to increase the AGREEMENT amount by $212,275, for an AGREEMENT amount of $333,511.26, plus a contingency of $20,000 for a total authorization of $353,511.26. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Exhibit A is revised to add Diamond Bar Center, Summit Ridge Park and Summit Ridge Mini -Park as additional locations. Section 2 — AGREEMENT amount is increased to $333,511.26, plus a contingency of $20,000 for a total authorization of $353,511.26. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR VALLEY T LANDSCAIyE MAINTENANCE A Municipal Corporation Contractor 1 r Of the State of California ' f 5 � SigneVes� Signet Bob Title: Mayor Title I r V PP O TO F , rney 4na owry City Clerk AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between, VafleyCrest Landscape Maintenance, Inc., hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Request For Proposals (R.F.P.), proposals were received, on December 20, 2002; and WHEREAS, City did accept the proposal of CONTRACTOR ValleyCrest Landscape Maintenance, Inc.; and WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Landscape Maintenance Services at Pantera and Peterson Parks in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Landscape Maintenance Services at Pantera and Peterson Parks in the City of Diamond Bar. The work to be performed in accordance with the City -Wide Landscape Maintenance Specifications dated June 4, 1998. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The City -Wide Landscape Maintenance Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The specifications, CONTRACTOR'S Proposal dated December 20 2002, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to commence contract work on April 1, 2003 and to complete contract work requirements as stated in the specification. Agreement and unit prices shall remain in force, unless terminated sooner, until June 30, 2004. Agreement may be extended per Section 14. City of Diamond Bar Agreement 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. 2 City of Diamond Sar Agreement c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included. 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy. 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein. 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is City of Diamond Bar Agreement performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 4 City of Diamond Bar Agreement 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save indemnitees harmless from any and all actions, claims, damages to persons or propeity, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. Contractor shall not indemnify City from liability for damages for death or bodily injury to persons, injury to property or any other loss, damage or expense, arising from the sole negligence or willful misconduct of the City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. City of Diamond Bar Agreement So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated December 20, 2002 in the amount of One Hundred Seventy -Four Thousand, Three Hundred Ninety - Five Dollars 174 395). 12.ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. EXTENSION OPTION: The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option 6 City of Diamond Bar Agreement to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more additions} one year periods, the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. 7 City of Diamond Bar Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. ;�2L 2 .g/i, L -i By: TITLE CITY OF DIAMOND BAR, CALIFORNIA 2 &U-[ A�'� Dae MAYOR ATTEST 9L rt a- � Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time P ED A T FORM: a r Date ORN 8 City of Diamond Bar Agreement AMENDMENT #3 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 21stday of June, 2005 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and VALLEYCREST LANDSCAPE MAINTENANCE, ("CONTRACTOR") Recitals: a. CONTRACTOR entered into a 15 month AGREEMENT with CITY effective April 1, 2003 ("the AGREEMENT") for Landscape Maintenance at locations listed in Exhibit A. b. The City Council approved Amendment #1 on July 6, 2004 to extend the term of the AGREEMENT for the period of July 1, 2004 through June 30, 2005 and to provide a 2.6 % C.P.I. increase. C. The City Council approved amendment #2 on October 5, 2004 to revise locations in Exhibit A and to authorize additional services. d. Parties desire to amend the agreement to extend the term for the period of July 1, 2005 through June 30, 2006 and to provide a 3.2% C.P.I. increase. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2005 through June 30, 2006, Section 2 — AGREEMENT for extension includes a C.P.I. increase of 3.2 % and shall not exceed $217,680. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #3 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Wen P. Chang Title: Mayor APPROVED TO FORM City Attorney VALLEYCREST LANDSCAPE MAINTENANCE Contractor Signed Title Linda Lowry City Clerk Exhibit A VALLEYCREST LANDSCAPE MAINTENANCE Park Maintenance Locations (Revised 1015104) 1. Pantera Park — 738 Pantera Drive 2. Peterson Park — 24142 E. Sylvan Glen Drive 3. Diamond Bar Center —1600 s. Grand Ave. 4. Summitridge Park —1425 Summitridge Drive 5. Summitridge Mini -Park —1307 Summitridge Drive Agenda # � . 6 Meeting Date: June 21 2005 CITY COUNCILA GENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, Assistant City Manager VIA: Linda C. Lowry, City Manager TITLE: Extension of City -Wide Graffiti Removal Contract with Graffiti Control Systems for the 2005-2006 Fiscal Year in the amount of $45,000 Recommendation: Approve, Financial Implication: Funds for this contract are included within the proposed 2005- 2006 FY budget. Background: On May 19, 1993, the City Council awarded a contract to Graffiti Control Systems for graffiti removal in Diamond Bar. Section 31 of the specifications of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. Discussion: Since the original contract was awarded, the City Council has approved the annual extension of the contract at the same cost of $30.00 per site. As a result of increased activity, graffiti removed in the 12 months from July 2004 through June 2005 is estimated at 1,432 sites for an approximate total cost of $43,500. Staff is recommending that the contract be extended for the 2005-2006 FY in the amount not to exceed $45,000. This amount should be sufficient for required graffiti removal services, plus additional as -needed work requested by the Public Works Division, such as cleaning paint spills upon public streets. Graffiti Control Systems has proven that they can satisfactorily perform the specifications of the contract. 0 James DeSjefano Assistant Ci y Manager Attachment: Letter of Agreement City of Diamond Bar 21825 Copley Drive • Diamond Bar, CA 91765-4178 (909) 839-7000 • Fax (909) 861-3117 www.CityofDiamondRar.com June 21, 2005 Mr. Barry Woods, President Graffiti Control Systems 7260 Atoll Avenue North Hollywood, CA 91606 Re: Graffiti Removal Contract Dear Mr. Woods: This confirms your agreement with the City that in accordance with Section 31 of the specifications of our contract dated May 19, 1993, the City of Diamond Bar is interested in extending the Graffiti Removal Contract with Graffiti Control Systems from July 1, 2005, through June 30, 2006. The contract will maintain the unit price of $30.00 per site presented in your proposal dated March 5, 1993. Total work for the fiscal year will be in an amount not to exceed $45,000. Upon approval of this contract extension by the Diamond Bar City Council, a purchase order in the amount not to exceed $45,000 will be processed and Wen P. Chang forwarded to you. Mayor )eborah H. O'Connor Sincerely, Mayor Pro Tem Carol Herrera James DeStefano Council Member Deputy City Manager Bob Zirbes Council Member By signing below, the parties agree to the above terms. Wen Chang, Mayor Date Barry Woods, President Date City of Diamond Bar Graffiti Control Systems Attest: Approved as to Form: City Clerk Date City Attorney Date Agenda # Meeting Date: June 21, 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: Linda C. Lowry, City Manage TITLE: Extension of Professional Services Agreement with LDM Associates, Inc., for Home Improvement Program Administrative Support Services in the amount of $23,800.00 RECOMMENDATION: Approve. BACKGROUND: As a part of the Community Development Block Grant �CDBG) Program, funds are allocated for the implementation of a Home Improvement Program which provides housing rehabilitation assistance to low and moderate income homeowners. The Home Improvement Program offers grants of up to $5,000 and deferred loans of up to $10,000 for residential repairs to eligible owner -occupied homes. In addition, emergency grants up to a maximum of $2,000 are available on an as needed basis. The City of Diamond Bar has utilized consultant staff, LDM Associates, to assist city staff with the Home Improvement Program since December 2002. DISCUSSION: In accordance with CDBG requirements, the city must obtain bids every three (3) years for CDBG-funded consultant services. City staff solicited proposals from three (3) firms to provide Home Improvement Program administrative services. Proposals were received from LDM Associates, Inc., Housing Rehabilitation Consulting Services and E J Magee Associates. Each of the proposals included a time and material fee not to exceed a price equal to 20% of the Home Improvement Program budget which is the maximum amount permitted by the U.S. Department of Housing and Urban Development (HUD) for housing rehabilitation administrative costs. Upon review of the proposals, it is recommended that LDM Associates, Inc. be awarded the contract to administer the Home Improvement Program for the next three (3) years. As the current consultant staff for the City of Diamond Bar's Home Improvement Program, LDM has provided the city with excellent services and is well qualified to continue providing Home Improvement Program administrative support. LDM has made consistent efforts to ensure that contractors work with residents to complete repair work and housing improvements in a cost effective and timely manner. LDM's scope of services will continue to include assisting the city in the administration of the program; review and process applications from eligible homeowners; inspect properties and prepare work write-ups and cost estimates; prepare bid specs; approve selection of contractors; monitor and inspect projects; and maintain all documentation required for compliance with HUD regulations and Community Development Commission (CDC) policies. Funding for Home Improvement Program administration and implementation services are paid from CDBG program funds. The maximum amount for consultant costs is 20% of the Home Improvement Program budget. An allocation of $118,992 in FY 2005-2006 CDBG funds is available for the Home improvement Program. It is recommended that a maximum of $23,800.00 be allocated to LDM for HIP support services. Prepared by: Jhphes 54tefano Assistant Qity Manager Attachments: Proposal for Home Improvement Program administrative services dated May 23, 2005 Draft Agreement for CDBG Home Improvement Program Consulting Services 2 r"I LLDM Associates•Inc- May 23,.2005 Nfr. James DeStefano Deputy City Manager City of Diamond Bar 21825 E. Coplev Drive Diamond Bar, CA 91765 SUBJECT; PROPOSAL FOR CDBG ADMINISTRATION AND 111'1EPLEMENTATIQN OF THE HOUSING 131PROVTE, lCNT PROGRAM Dcar.M.r. De Stefano; WC mould like to thank you for the opportul)ity to submit a proposal to administer and implelrient your Housing Rehabilitation Program. Our consulting team is comprised of highly qualified professional staff- with expertise in all aspects of CDBG funded housiltg rehabilitation. Our consulting team is familiar with and currently implements rehabilitation programs funded with Community Development Block Grant (CDBG) funds. We have included overview of the services. we can provide, a brief description of our experience and identification of the personnel we proposed to assign to this task. Ik'e believe that this proposal conveys ou• firrn's ability to provide the City of Diamond Bar with administration and implementation services that will make your Housing Irnproverncni Program a Success. If you have any questions regarding this matter, please do not hesitate to call me at your c,7rlvenience, Enclosure: Propasal 10722 Arrow Route • Suite 822 ■ Ranchr, Cucamonga - California 91730 (909) 476-6006 • Fax [gDgj 476.5086 City of Diamond Bar Proposal for Community Development .Block Grant(CDBG Housing Improvement Program Administration } I;tnpiementation Services FY 2005-06 at><on and DESCRIPTION C}F FIRM LDMA.ssociates, Inc., (LDM) along with its affilinteMDG,4s.sociates, I»c., (MDG) has been providing professional consulting services to the public sector since 1987. Our team is comprised been rovid n onals Possessing a variety of expertise in various areas associated with urban planning, grants .rnanagement and redevelopment activities. LDM Associates, Inc, i5 a California corporation. EXPERIENCE Since 1987. we have offered irnpletnentati cn and administrative services to cities seeking consultant services that can act an extension oftljeir staff. We take pride ill administering special project in the best interest of our client cities. The types of sell ices provided by our team of rcgues,ted by your City. consultants include those Last year, LDM processed and completed tf..c rehabilitation of a.pprokimately 440 residential dwellings for 9 different cities. We are currently under contract with the Cities ofAgoura Hills, Calabasas, Carson, El Segundo, Lawndalc, Rancho Palos Verdcs, La CafladaFfintridgc, and Walnut in the administration of their Housing Rehabilitation Programs. Additionally, we are currently under contract with the Cities of Hawthorne. Carson, Lawndale, San Fernando and Rialto in the administration of their Commercial Rehabilitation Programs. Vire have provided Dousing rehabilitation seririces to the City their Comore Bar in the recent past.of We have acted in the capacity of project mana; equipment retrtrofittierand construction manager in the rehabilitation and or remodeling community centers, police stations.. park projects such as skate parks, pNyground ng to meet ADA standards, and ADA improvements to public facilities• COMMUNICATION WITH CITY STAFF LDM pi-oposes to provide service on-site at least once a week for approximately S -hours. Members of our consulting team can be reached in order to provide service based on and as u intent to become an extension Of City staffnscheduled need. It is our needs. such we will provide flexible scheduling e mitt your CONSULTANT TEARY The members of our consulting group proposed to provide administrative services for the Housing Improvement Prom includes Rudy E. N:unoz. Senior Vice President and Esther Portillo, Senior. Associate. We will assign other team men-bers to support the project manager as the City's needs dictate_ The resumes of the team members are i»cluded as part of this proposal. PROPOSED SCOPE OF SER.VIC.ES in the perforanance ofthe administratio will provide staffing and -Mn ot'the CDBG funded Housing Rehabilitation Pro other resourcescluired to perform the following: 17M gram, L l• Process grants to eligible horneowrier5 utilizing Comn'zuhityDcvclopment.Block Gran 2. Review applications and conduct review t funds. title, s ro determine homeowner eligibility and condition of 3• Inspect property and prepare -Ps-ork ihm,te-up and estimates. 4. Complete documentation for histori'; preservation review througrh the Community Development Co emission, if required. pment �• Prepare specifications, obtain competitive bids, and approve selection of contractors. 6. Monitor and inspect progress Ofprcjeets. Conduct inspection of completed work Mems. 7. Review and process contractor payment requests. $• Acquire lien releases from contractors and process Notices of CO,_npletion. 9• Maintain documentation required For compliance With all applicable U.S. Department Housing and Urban Development regulations and Cominuihiry Devclapment C'.ommissio f policies. n 10. Such other duties as may be neccssp. sure the ro y � to enp grams are administered correctly. BUDGET PROPOSAL Based on the scope of work and additional information provided in the RFP L.DM proposes to invoiCe on a time and material basis based on the att<<ched Rate Schedule (see F-0ibit "A") with a not to exceed price equal to 20% of the prograin budget (i.e., rnaximijim allowed by HUD). Tile (hourly rates and, not to exceed price is inclusive of travel expenses and reproductiohls of pical program documents. Specialty prints or reproductions or supplies will be billed at cost plus 10j EXHIBIT "A" HOURLY Rates effect,,ve as of January- 1, 2005 STAFF PERSON. . HOURLY RATE: PreSidenUVice President S8SA0.'Hr Senior Associate S 75.00/Hr Associate 565.00/Hr CADD Operator 555.00/Hr Rehabilitatio1i Clerk., 545.00/Hr Secretary $35.00/1`ir REIMBURSABIL,E ITEWi: Project Supplies At Cost p]u5 Ion PrintS/Reproducti ons At Cost plus I()% r"I LLDM Associates • Inc. David D. Meyer, AICP President EDUCATION: Master of Pub fie AdM'nistration - 1979 California State University, Long Beach Bachelor of Science .. 1971 California State Polyt:chnic Uruvcrsity at Pomona EXPERIENCE: LDM Associates, Inc.: President - Provide a wide range of planning and redevelopment consulting scrvic:es to public agencies and Private developers. Services include. land use planting and analysis; entitlement, processing. Project negotiations; site feasibility; n and Processing" commercial and residential rehabilitation Program oimplemeect n implementation: planning studies; ecnnomic development studies; proiect management; zoning ordinance preparation, and contract staff assistance for planning and redevelopment activities, City of Sell: Comtntntity Development Director & RDA Executive Director - Directed Redevelopment Agency's acquisition and development programs. Supervised City's Building, Planning, Engineering, Public Works and Code divisions. Major program responsibilities included economic developmer plana g t building, public works, general plan preparation, design standards, zoning ordinance maintenance and Community Development Block Grant (CDBG) program. City of La Puente: Director of Planning ,and Community Develapment - Developed, coordinated and implemented the City's comprehensive piatmi.t2g, building, zoning and development programs. Supervised staff and consultants. Major program responsibilities. includ.d economic development, planning, housing, community development. Comm"mity Development BIock Grant (CDBG) activilies and administration, genera; plan and zoning ordinance Preparation. City of Carlsbad: Planning Assistant - -AITILIATIONS: American, Manning As,iociation (APA) REGISTRATION: American Institute of C'ertifed Planners (AICP) M 1LDIM ASSOCIATTS, INC, x r""I LLDM Associa tee, - lric. EDUC.AT p EXPERIENCE: 110dolFo E. Munoz, Senior Vice president .Bachelor of Ar hit~cure _ Z9 16 California State Polytechnic University, Pomona LDM Associates; Senior Associate - Provide architectural an,t construction management services. Provide CABG management services. Skilled in land use Planning and ana Planning services, processing; residential and commercial reliabililatinn ro } entitlement studies; and contract staff assistance. P gram implementation; planning City of Huntington Paric; Assistant Director of Cimmunity Development/Redevelopyn"t - Assisted the Director of COMMunity Development in managing department including the CDBC program, Planning, g g the operations of the Redevelopment Division;,. Directly responsible for theday-to-dayi gineering, Building Division including current and advanced Planning, a and functions o_ the Planning city or Bell; City Planner - Under the direction of the Community Development Director, adrninistert:d the 's current and advanced planning activities,Cit assisted in the development of a new general Plan. Responsible for Subdivi:,ion, Zoning. L-nvlronmentaI and Design Review functions. City City of Montclair: Assistant Planner - Assisted in the daily planning functions including California Environmental (CF -QA) administration, Design Review, Subdivisions, Act Proposals. Processed Z:onc Changes. Variances, Annexations, Development Entitlements. Conditional Use Permits and other Booth -Good Architects: Designer - Responsible for design development and preparation of construction documents for various t5'Pes of developmcrts. REGISTRATION. American Institute of Architects (AIA) American Institute of Certified Planners (AICP) California State Contractors Liccnse No, 681042 0 UNT ASSOCrATES, INC, r"I LLDM Associates. Inc. Esther Portillo Senior Associate EDUCATION. Bachelor of Arts - 1997 Utiivetsity of California, Lvs Angeles EXPERIENCE. IDDM Associates: Associate - 2(}00 to Present Provide a wide range of planning and project implementation Public agencies and private developers which incl cementation consulting services to negotiations; CbBG Housing and comtncrc,, project itti lone en oand compliance; and planring studies. Processing;project program Community D"eff)pf tent Commission County of Los Angelcs: As a Development Specialist. I was res Based Organizations ;Ind County Departtmentletooenmbeitcampiianee with CD regulation; Providing�' Cities, Comtnttrtlty technical assistance to CD$G BG appropriate systems r], at can be implemented io meet Dant recipient9 it, identifying and responded to eligibility inquiries for proposed C BG Goequ2remen[s' reviewed carnp)ianec training to grant recipients; reviewed constructfonprojects for c with Davis -Bacon requ.rernents; and prepared recamrriendatip leers, provided CD13G ompliance ons for Corr cctiveactions Community Development Commission County of Los Aligeies: As a Program S eci ; P s list, I reviewed applications for subsidized Dousing from IV or iry Based Organizations serving [l1C homeless and low-income HIV at A1D-$� negotiated lease contracts with rivate eligibility, using files and computer-based records; resolved dispute,persons with tenants and the Ilousitig Authority: counseled tenants owners; vefified tenant between owners, economic epncerug; maintained tiles and records; arad pro withregardregard to 1tousk9 and the public. program information to TECHNJCAL SKJLLS Bilingual- Plle.r,t in SpanisD Computer Skill,: Microsnft Word, Excel, Power point, Outlook &. Windows. a L,DAJ .AS:SOCIATES, 1,NC, a AGREEMENT FOR COMMUNITY DEVELOPMENT BLOCK GRANT HOME IMPROVEMENT PROGRAM CONSULTING SERVICES This Agreement is made and entered into this 1St da f of July, 2005 by and between the City of Diamond Bar (hereinafter referred to as "CITY"), and LDM Associates, Inc., (hereinafter referred to as "CONSULTANT"). 1. DESCRIPTION OF WORK CONSULTANT shall provide housing rehabilitation consultant services for CITY'S Home Improvement Program. The specific services to be provided shall be set forth in Exhibit "A" CONSULTANT Proposal, which is attached hereto and made a part hereof. TIME OF PERFORMANCE This Agreement shall commence as of July 1, 2005 and shall remain in full force and effect until June 30, 2006. This Agreement may be extended upon request and approval by the CITY on an annual basis for an additional twenty-four (24) months until June 30, 2008, 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit "A" with a not to exceed maximum of $ ,000 in Community Development Block Grant (CDBG) funds for the services performed. All invoices submitted must include a detailed accounting of services rendered and time spent on each task. In no event should CONSULTANT billing exceed the not -to -exceed amount without prior written authorization by the CITY. 4. TERMINATION OF AGREEMENT This Agreement can be terminated by either party by giving written notice at least thirty (30) days prior to the effective termination date in the written notice. 5. RECORDS AND AUDITS The CONSULTANT shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by the CITY to assure proper accounting for all project funds, both federal and non-federal shares, These records will be made available for audit purposes to the CITY or any authorized representative, and will be retained five years after the expiration of this Agreement unless permission to destroy them is granted by the CITY. COMPLIANCE WITH FEDERAL REGULATIONS This Agreement is subject to and incorporates the terms of Subpart K of the CDBG Regulations and all other applicable Federal Standards Provision, inclusive of the following: Executive Order 11246 requires that during the performance of this Agreement, CONSULTANT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the CONSULTANT setting forth the provisions of this nondiscrimination clause. Section 3 of the Housing and Community Development Act of 1968, as amended, 12 U.S.C. 1701 et. seq., requires that, to the greatest extent feasible, opportunities for training and employment be given to lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the project, Title VI of the Civil Rights Act of 1964 provides that no person shall, on the ground of race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program or activity receiving federal financial assistance, Section 109, Title I of the Housing and Community Development Act of 1974 provides that no person shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program of activity funded in whole or in part with funds made available under this title. Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, or with respect to an otherwise qualified handicapped individual, as provided in Section 504 of the Rehabilitation Act of 1973, shall also apply. 7. INTEREST OF MEMEBERS OF THE CITY No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program shall have any personal financial interest, direct or indirect, in the Agreement, and the CONSULTANT shall take appropriate steps to assure compliance. 8. INTEREST OF OTHER LOCAL PUBLIC OFFICIALS No member of the governing body of the locality and no other public officials of such locality, who exercises any functions or responsibilities in connection with planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT shall take appropriate steps to assure compliance. 9, INTEREST OF CONSULTANT AND EMPLOYEES The CONSULTANT covenants that it presently has no interest and shall not acquire interest, direct or indirect, in the project area or any parcels therein or any other interest which would conflict in any manner or degree with the performance of its services hereunder. The CONSULTANT further covenants that in the performance of this Agreement, no person having such interest shall be employed, 2 10. INDEPENDENT CONTRACTOR The CONSULTANT shall perform the services as contained herein as an independent contractor and shall not be considered an employee of the CITY or under CITY supervision or control. This Agreement is by and between the CONSULTANT and CITY and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between the CITY and the CONSULTANT. 11. SUCCESSOR AND ASSIGNMENT The services as contained herein are to be rendered by the CONSULTANT whose name is as appears first above written and said CONSULTANT shall not assign or transfer any interest in the Agreement without the prior written consent of the CITY. Claims for money by CONSULTANT from the CITY under this Agreement may not be assigned to bank, trust company, or other financial institution without such approval. Written notice of any such assignment or transfer shall be furnished promptly to the CITY. 12. INDEMNIFICATION CONSULTANT shall defend, indemnify and save harmless the CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including payment by CONSULTANT of any and all legal costs and attorneys' fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including but not limited to, all consequential damages, to the maximum extent permitted by law. 13. INSURANCE A. 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; and (4) 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. B. 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) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. 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 than A VII. 3 D. 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. 14. SEVERABILITY In the event that any covenant, condition or other provision herein contained is held to be invalid, void or illegal by any court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other covenant, condition or other provision contained herein. If such condition, covenant or other provision shall be deemed invalid due to its scope or breadth, such covenant, condition or other provision shall be deemed valid to the extent of the scope of breadth permitted by law. 15. INTERPRETATION No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 16. AMENDMENTS This writing, with attachments expressly referenced and incorporated herein, embodies the whole of the Agreement of the parties hereto. Except as herein provided, addition to or variation of the terms of this Agreement shall not be valid unless made in the form of a written amendment of this Agreement formally approved and executed by both parties. 17. WAIVER No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 18. CONTRACT EVALUATION AND REVIEW The ongoing assessment and monitoring of this Agreement is the responsibility of the City Manager. The CITY will monitor and evaluate the CONSULTANT in the performance of this Agreement. 19. CHANGES The CITY may request changes in the scope of the services of the CONSULTANT to be performed hereunder. Such changes, including any increase or decrease in the amount of the CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and the CONSULTANT, shall be incorporated in written amendments to this Agreement. 4 20. REPORTS AND INFORMATION The CONSULTANT, at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. 21. PERSONNEL CONSULTANT represents that it has, or will secure at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the CITY. All of the services required hereunder will be performed by CONSULTANT or under its supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. None of the work or services covered by this Agreement shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement. 22• LOBBYING CERTIFICATION A. Federal Re uirements The CONSULTANT CERTIFIES THAT: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (2) if any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, an officer of employee of employee of any agency, Member of Congress in connection with this Federal contract grant, loan, or cooperative agreement, the CONSULTANT shall complete and submit Standard Farm -LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. (3) The CONSULTANT shall require that the language of this certification be included in all subcontracts and that all subcontractors shall certify and disclose accordingly. B. County of Los Anaeles Repu-- irement The CONSULTANT certifies that: (1) It is understood that each person/entity/firm who applies for a Community Development Commission contract, and as part of that process, shall certify that they are familiar with the requirements of Los Angeles County Chapter 2,160, (Los Angeles County Ordinance 93-0031) and; (2) That all persons/entities/firms acting on behalf of the above named firm have and will comply with the County Code, and; E (3) That any person/entity/firm who seeks a contract with Community Development Commission shall be disqualified therefrom and denied the contract and, shall be liable in civil action, if any lobbyist, lobbying firm, lobbyist employer or any other person or entity acting on behalf of the above named firm fails to comply with the provisions of the County Code. 23. 24. NOTICES Notices, herein shall be presented in person or by U. S. Mail, as follows. CITY: Linda C. Lowry City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 COMPLIANCE WITH LAWS CONSULTANT: David D. Meyer, AICP President 10722 Arrow Route Suite 822 Rancho Cucamonga, CA 91730 909 476 6006 All parties agree to be bound by applicable Federal, State, and local laws, ordinances, regulations and directives as they pertain to the performance of the Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "CITY" ATTEST: By: Linda C. Lowry, Cit— y Approved as to form: By: City Attorney "CONSULTANT" By: David D. Meyer, President LDM Associates, Inc. CITY OF DIAMOND BAR C Linda C, Lowry, City Manager Agenda # _ 6. 8 Meeting Date: June 21, 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager6� TITLE: APPROVE EXTENSION OF CONTRACT AGREEMENT WITH DIVERSIFIED PARATRANSIT, INC. FOR FISCAL YEAR 2005-2006 DIAMOND RIDE (DIAL -A -CAB) SERVICE WITH A $.20 RATE INCREASE FOR THE FLAG DROP AND A $.20 RATE INCREASE FOR THE PER MILE METER RATE. RECOMMENDATION: Approve. FISCAL IMPACT: The Diamond Ride (Dial -A -Cab) program is funded through Proposition A, Local Transit Funds. The proposed budget for FY 2005-2006 is $300,000 and is adequate for the estimated expenditure. BACKGROUND/DISCUSSION: In April 1995, the City established the Diamond Ride (Dial -A -Cab) service to provide a reliable program for the elderly (60 years of age and older) and physically challenged residents of Diamond Bar. The Diamond Ride service operates seven (7) days a week, 24 hours a day, within a designated geographic boundary and designated medical facilities. As the City's current service provider, Diversified Paratransit, Inc. (DPI) has been serving the community since the inception of this demand -response program. After an RFP process, the City Council awarded the current contract to Diversified Paratransit, Inc. on March 1999 for one year, with provision for annual extension(s) by mutual agreement. This Contract Amendment No. 6 represents year seven (7) of the service. Due to the increased cost of gasoline and insurance, Diversified Paratransit has requested an increase of .20 cents to the current $2.00 per mile meter rate, and an increase of $.20 per flag drop. The proposed (FY 2005/2006) fees would increase from $2.00 to $2.20 flag drop (flag drop is the fixed charged for initiating a trip) and from $2.00 to $2.20 per mile meter rate, with no wait time fees, and a 10% administrative fee charged by Diversified Paratransit. For Fiscal Year 2004-2005, as of April, the average number of monthly trips is 822 and the average monthly contract expense is $16,758.66. Of the 822 trips, 52% of the trips are to destinations outside of Diamond Bar and 48% of the trips are within the City of Diamond Bar. The average cost per trip is $13.26 and the net cost per passenger is $13.05. Please refer to Exhibit "C". Diamond Ride is a trusted and heavily relied upon service utilized by the Diamond Bar's senior and disabled population. It has proven to be a much needed and appreciated mode of transportation to doctor's offices, hospitals, and day care centers. On limited occasions, staff is made aware of a complaint, and proper procedure is followed to contact the City's representative from Diversified Paratransit and the cardholder who has registered the complaint. City staff will then act as a liaison in an effort to facilitate a remedy to the cardholder's complaint. The Dial -A -Cab Program continues to remain the most reliable and in -demand public transportation service. Therefore, staff is requesting that City Council approve Contract Amendment No. 6 with Diversified Paratransit, Inc. PREPARED BY: Debbie Gonzales, Administrative Assistant Date Prepared: June 13, 2005 REVIEWED BY: b8rv'ia G. iu James DeStefano Director of Public Works Assistant City Manager Attachments: Exhibit "A" — Amendment No. 6 to the Agreement Exhibit "B" - DPI Request to Extend Contract, dated April 22, 2005 Exhibit "C" — FY 2004-05 Status Report Exhibit "A" AMENDMENT NO. 6 TO THE AGREEMENT FOR DIAMOND RIDE (DIAL -A -CAB) SERVICES FOR 2005-2006 FISCAL YEAR This Amendment No. 6 to the City's Contract Agreement is made and entered into this 21st day of June, 2005 by and between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as "City") and DIVERSIFIED PARATRANSIT, Inc. (hereinafter referred to as "CONTRACTOR"). A. Recitals: (i) The CITY has heretofore entered into an agreement with Diversified Paratransit, Inc. to provide Dial -A -Cab services to the eligible elderly and persons with disabilities who reside in Diamond Bar, dated March 2, 1999 ("SAID AGREEMENT" hereinafter). A true and correct copy of which is attached hereto as Exhibit "A". (ii) CONSULTANT has requested a one-year extension proposal ("PROJECT" hereinafter), a full, true and correct copy of which attached hereto as Exhibit "B" to extend said services for a period of one (1) year. NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR: B. Amendment to Agreement: Section 20 of the original agreement is hereby amended as follows: "20. Term. The term of this Agreement shall commence July 1, 2005 and shall be extended through June 30, 2006". Each party to this Supplemental Agreement acknowledges that no representation by any party which is not embodies herein nor any other agreement, statement, or promise not contained in this Supplemental Agreement shall be valid and binding. Any modification of this Supplemental Agreement shall be effective only if it is in writing signed by the parties. May 31 05 02:36P City of Diamond Bar 909-396-748U Exhibit "A" IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as of the day and year first .yet forth above. "CITY" ATTEST: By: Linda C. Lowry, City Cleric APPROVED AS TO FORM: BY: _ City Attorney CITY OF DIAMOND BAR By. Wen Chang, Mayor "CONTRACTOR": DIVERSIFIED PARATRANSIT Brian Hunt, Presr n P. I CITY COUNCIL' rgt2roli TO: Honorable Mayor and Members o he City Council VIA: Linda C. Lowry, City Manager Agenda # 6.9 Meeting Date: 6/21/05 AGENDA REPORT TITLE: APPROVAL OF EXTENSION OF VENDOR SERVICES CONTRACT WITH D.H. MAINTENANCE SERVICES TO PROVIDE JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM IN THE AMOUNT NOT TO EXCEED $175,194 FOR THE 2005/06 FISCAL YEAR. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funding for this contract is included in the proposed 2005/06 FY budget. BACKGROUND: D.H. Maintenance Services has provided janitorial services at the Diamond Bar Center since it opened in March, 2004. They have been providing service at Heritage and Pantera park buildings since August, 2004. Staff believes they are doing an excellent job providing these services. Section 21 of the contract states that the contract can be extended on an annual basis, if an extension is deemed to be in the best interest of the City. Staff recommends that the City Council approve the extension of the contract. DISCUSSION: Proposed contract services for D.H. Maintenance Services: Regular monthly Service for Diamond Bar Center — 12 mos. @ $2,124.50 per mo. = $25,494 2. Periodic services for Diamond Bar Center as requested by staff = $13,800 a. Carpet Cleaning: $1,400 per cleaning X 4 cleanings/yr = $5,600 b. Power clean colored concrete: $2,600 per cleaning X 2 cleanings/yr = $5,200 c. High Cleaning. $250 per cleaning X 12 cleanings/yr = $3,000 3. Building Maintenance staffing at Diamond Bar Center seven days per week = $116,480 (711105 through 6130/06) -- 4 staff @ 40 hrs/wk X $14.00/hr X 52 weeks = $116,480 4. Staff assistance as requested by City staff for events and activities @ $14.00 per hr = $10,720 5. Regular monthly Service for Heritage Park Com Center —12 mos. @ $475 per mo. _ $5,700 (Service seven days per week) 6. Regular monthly Service for Pantera Act Room —12 mos. @ $250 per mo. $3,000 (Service five days per week) GRAND TOTAL NOT -TO -EXCEED Director of Community Services James DeStefano Assistant City Manager $175,194 Attachments: Proposed Agreement for contract period of 711105 — 6130/06, dated 6121105 Exhibit "A" -- RFP for Janitorial Services Provider dated 315104 Exhibit "B" — Proposal from D.H. Maintenance Services dated 314104 Exhibit "C" — Contract Cost Calculation dated 6114105 CITY OF DIAMOND BAR COMMUNITY SERVICES DIVISION VENDOR SERVICES AGREEMENT THIS AGREEMENT is made as of .June 21, 2005 by and between the City of Diamond Bar, a municipal corporation ("City") and D.H. Maintenance Services ("Vendor"). RECITALS A. City desires to utilize the services of the Vendor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposal dated March 5, 2004, B. Vendor represents that it is fully qualified to perform such 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. Vendor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Vendor are as described in Exhibit "B" the Vendor's Response, dated March 4, 2004 to the City's Request for Proposals, dated March 5, 2004 and Exhibit "C" the Contract Cost Calculation, dated June 14, 2005. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Vendor are as set forth in Exhibits "B" and "C". 2. Term of Agreement. This Contract shall take effect July 1, 2005, and shall continue until June 30, 2006 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Vendor for each service which Vendor performs to the satisfaction of City in compliance with the schedule set forth in Exhibits "B" and "C". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Vendor pursuant to this Agreement shall not exceed one -hundred seventy-five thousand one hundred ninety-four dollars ($175,194). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Vendor's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765-4177 Vendor: George Wallis, Owner D.H. Maintenance Services 2320 Back Nine Street Oceanside, CA 92056 6. Standard of Performance. Vendor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 7. Indemnification. Vendor 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 Vendor, 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 Vendor, then all obligations, liabilities, covenants and conditions under this Section 7 shall be joint and several. S. Insurance. Vendor 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 Vendor, 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 Vendor, 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. Vendor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Vendor 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. Vendor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (7) days 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. 9. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Vendor 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 Vendor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Vendor shall discontinue performing services. 10. Personnel. Vendor 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 Vendor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Vendor reserves the right to determine the assignment of its own employees to the performance of Vendor's services under this Agreement, but City reserves the right, for good cause, to require Vendor to exclude any employee from performing services on City's premises. 11. Non -Discrimination and Equal Employment Opportunity. A. Vendor 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. & Vendor will, in all solicitations or advertisements for employees placed by or on behalf of Vendor 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. Vendor 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. 12. Assignment. Vendor shall not assign or transfer any interest in this Agreement nor the performance of any of Vendor's obligations hereunder, without the prior written consent of City, and any attempt by Vendor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. M. Compliance with Laws. Vendor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 14. 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 Vendor 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 Vendor, 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. 15. 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 Vendors. 16. 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. 17. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 18. 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. 19. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Vendor 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. 20. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 21. Extension Option. The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Vendor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods, the Vendor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the Vendor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Vendor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" CITY OF DIAMOND BAR By: Wen Chang, Mayor Approved as to form: By: City Attorney "Vendor" D.H. MAINTENANCE SERVICES By: Its: By: Linda Lowry, City Clerk ADDITIONAL INSURED ENDORSEMENT AUTOMOBILE LIABILITY Name and address of named insured ("Named Insured"): Name and address of Insurance Company ("Company"): General description of agreement(s), permit(s), license(s), and/or activity(ies) insured: Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The ("Public Agency"), its elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named additional insureds are hereafter referred to as the "Additional Insureds") under the Policy in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional Insureds have no liability for the payment of any premiums or assessments under the Policy. 2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance, and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance coverages provided by the Policy. 3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom claim is made or suit is brought except with respect to the limits of the Company's liability. 4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to increase or replicate the Company's limits of liability as provided under the policy. 5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification and/or hold harmless provision(s) contained or executed in conjunction with the written agreement(s) or permit(s) designated above, between the Named Insured and the Additional Insureds. 6. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal except after written notice to Public Agency, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this notice provision, the policy as initially drafted will continue in full force and effect until compliance with this notice requirement. 7. Company hereby waives all rights of subrogation and contribution against the Additional Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to the perils insured against in relation to those activities described generally above with regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent, or subsequent active or passive negligence by the Additional Insureds. 8. It is hereby agreed that the laws of the State of California shall apply to and govern the validity, construction, interpretation, and enforcement of this contract of insurance. 9. This endorsement and all notices given hereunder shall be sent to Public Agency at: 10. Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached. TYPE OF COVERAGES TO WHICH POLICY PERIOD THIS ENDORSEMENT ATTACHES FROM/TO LIMITS OF LIABILITY 11. Scheduled items or locations are to be identified on an attached sheet. The following inclusions relate to the above coverages. Includes: ❑ Any Automobiles ❑ Truckers Coverage ❑ All Owned Automobiles ❑ Motor Carrier Act ❑ Non -owned Automobiles ❑ Bus Regulatory Reform Act ❑ Hired Automobiles ❑ Public Livery Coverage ❑ Scheduled Automobiles ❑ ❑ Garage Coverage ❑ 12. A ❑ deductible or ❑ self-insured retention (check one) of $ applies to all coverage(s)except: (if none, so state). The deductible is applicable ❑ per claim or ❑ per occurrence (check one). 13. This is an ❑ occurrence or ❑ claims made policy (check one). 14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number I (print name), hereby declare under penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this endorsement and that by my execution hereof, I do so bind the Company. Executed Phone No.: ( ) 20 Signature of Authorized Representative (Original signature only; no facsimile signature or initialed signature accepted) Agenda # 6 , I 0 Meeting Date: June 21, 2005 CITY COUNCIL-_- �r, x AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage��/Wf_t TITLE: APPROVE PLANS AND SPECIFICATIONS AN ARD THE CONTRACT FOR THE AREA 1 SLURRY SEAL PROJECT TO DOUG MARTIN CONTRACTING CO., INC. IN THE AMOUNT OF $524,529.00; AND AUTHORIZE A CONTINGENCY AMOUNT OF $23,000.00 FOR PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $547,529.00 RECOMMENDATION: Approve plans and specifications and award the contract. FISCAL IMPACT: received was 7% lower than the Engineer's Estimate of $563, 600. The FY2004-2005 Budget allocated $600,000.00 for the project. The lowest responsive bid BACKGROUND/DISCUSSION: The Area 1 Slurry Seal Project is the first year of the Seven -Year Slurry Seal Program. In April of 2004, the City updated its pavement management program for the residential streets from a five-year program to a seven-year program in an effort to reduce General Fund expenditures on the City's slurry seal program, and to ensure that the City receives maximum return on street rehabilitation expenditures. With the change from a five-year to a seven-year program, the City's slurry seal area boundaries were redrawn. The initial centerline mileage of Area 1 under the five-year Program was 19.6 miles. The new centerline mileage of Area 1 is 17.6 miles. A map of the newly created Area 1 is attached for your information. With the completion of the plans and specifications, the project was advertised for bids on May 23, 2005. On June 9, 2005, four (4) bids were received, and the lowest responsible bidder was Doug Martin Contracting, Co., Inc. The bids received were as follows. Company Bid Amount 1. Doug Martin Contracting Co. $524,529.00 2. Pavement Coatings Co. $533,393.06 3. American Asphalt South, Inc. $542,620.45 4. Roy Allan Slurry Seal $588,267.15 Staff has verified the contractor state license and found it to be valid. References were checked for similar work completed and Doug Martin Contracting, Co., Inc. has satisfactorily completed many slurry seal projects in other Los Angeles and Orange County Cities. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Kimberly Molina, Assistant Engineer REVIEWED BY: . 5avi . Liu, P.E, Director of Public Works June 21, 2005 July 5, 2005 September 9, 2005 Date Prepared: June 14, 2005 James DeStefano Assistant City Manager ATTACHMENTS: AREA 1 MAP CONTRACTOR AGREEMENT AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Doug Martin Co tract Co., Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and and; WHEREAS, City did accept the bid of CONTRACTOR DoU Martin Contractin Co. Inc, WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Slurry Seal Area I Project in the City of Diamond Bar. — agreed: NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is 1. GENERAL SCOPE OF WORK. CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Slurry Seal Area 1 Proiect in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated May 2005 (Tire Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated June 4, 2005, to with this written agreement, shall constitute the contract between the parties. "This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within Forty -Five 45 working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred $500.00 dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate, 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specifed in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. S. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles I and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. b. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless froth any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith. a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 9, 2005. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. 470131, C-12 Classification DouE Martin Contracting, Co., Inc. _ 220 E. Foundation Ave. La Habra., CA 90631 _ Date TITLE CITY OF DIAMOND BAR, CALIFORNIA By: WEN P. CHANG, MAYOR Date ATTEST: Date CITY CLERK CONTRACTOR'S Business Phone 714 441-0513 Emergency Phone at which CONTRACTOR can be reached at any time (714) 476-6718 APPROVED AS TO FORM: CITY ATTORNEY Date 1 r' r n QA- N J � 1P aC� tk- R ?D `C cc -4tn CL fx r. ' As EPM JEST SHER1F � y SfFfVECE r 4sc y` Rl ,N 57 cl 60 ;.�. ��,��• 1�-,C�. .Oill_!� , ,'' .� `rte �� D qN � �'�' t„�` J "ti., . sl� C4 AREA 7 ' J � � iv A ��'� ;;r. .�v •� �r n� CC � � C� RSV t VUV RDc.. �c� IT t Z k ., .0 GCS T Ail �t ,5L1 EFS e ( t CHAYBEF! � 4/p : a r ►+ '' or Co4+v RAE ] TTWiR5 FMG Agenda: 6 - 11 Meeting Date: June 21, 2005 CITY COUNCIL55 ,, AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager ` TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING, APPROPRIATING, AND APPROVING THE SALE OF $500,000 OF PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF COMMERCE FOR GENERAL FUNDS RECOMMENDATION: Approve Resolution and authorize the City Manager to execute the Prop A Fund Trade Agreement. FINANCIAL IMPACT: As of June 30, 2005 the City will have $1,293,274 in unallocated Proposition A Funds. The following depicts the calculations for the unallocated Prop A Fund balance: $1,455,244 Unallocated fund balance as of 6/30/04 $1,410,400 Estimated Budget Revenue for FY 2004-05 (1,572,370) Estimated Budget Expenditures for FY 2004-05 $1,293,274 Estimated Unallocated Prop A Fund Balance as of 6/30/05 The estimated revenue for FY 2005-2006 is $1,438,300. In determining whether the sale of Prop A Funds would not impair the current fund balance, the following is a listing of the revenues received from MTA since FY 1999-2000: FY 1999-00 FY 2000-01 FY 2001-02 FY 2002-03 FY 2003-04 FY 2004-05 FY 2005-06 $1,223,510 $1,293,062 $1,176,671 $1,307,687 $1,355,897 $1,410,400 $1,438,300 Although the estimated expenditures for 2005-06 are $1,202,130, the fund balance is sufficiently large to justify reducing the balance by a sale of funds. $1,293,274 Unallocated fund balance as of 6/30/05 $1,438,300 Estimated Budget Revenue for FY 2005-06 (1,202,130) Estimated Budget Expenditures for FY 2005-06 $1,529,444 Estimated Unallocated Prop A Fund Balance as of 6/30/05 The sale of Prop A Funds will result in increased revenues of $375,000 for the General Fund for the current FY 2004-05, which will ultimately result in an increase to the General Fund Reserves. BACKGROUND/DISCUSSION: Proposition A, the half -cent sales tax for transit, was approved by the voters in 1980. The revenues generated through this half -cent sales tax are intended to be used towards the development of transit related programs, which are administered by the Los Angeles County Metropolitan Transportation Authority (MTA). In administering the program, MTA distributed Local Return Funds directly to cities. The City must use its Local Return Funds within three (3) years from the date of receipt or the funds must be returned. Local Return Funds are designed to be spent solely on public transit projects. The City currently has an unallocated balance of $1,293,274 in Proposition A Funds and has the option to exchange these funds with another local agency to assist in providing transit related services. The City of Commerce wishes to purchase $500,000 in Prop A funds at the exchange rate of $0.75 per each $1.00. According to the MTA, the current selling rate is approximately $0.67 to $0.70 per each $1.00. At the rate of $0.75, the City of Diamond Bar would receive $375,000 for the General Fund. One June 10, 2005, the City of Commerce approved the Fund Trade Agreement. Upon approval by Council, a check in the amount of $375,000 will be forwarded to Diamond Bar. The sale will permit the funds to be used for non -transit related purposes. In the past these funds were allocated by Council for the use of traffic management programs. PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEWEDPY: avid G. Liu Director of Public Works James DeStefano Assistant City Manager Attachments: Resolution No. 2005 -XX Fund Trade Agreement 2 RESOLUTION 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING, APPROPRIATING, AND APPROVING THE SALE OF $500,000 OF PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF COMMERCE FOR GENERAL FUNDS WHEREAS, the City of Diamond Bar wishes to transfer $500,000 of its uncommitted Proposition A Local Return Transit Funds to the City of Commerce to provide ongoing operating funding and to improve the level, quality, safety, and/or accessibility of transit services to the general public or to any group which requires special transportation assistance; and WHEREAS, the City of Commerce has offered to assign $375,000 in General Funds to the City of Diamond Bar; and WHEREAS, the City Council of the City of Diamond Bar has determined that the transit needs of the City can be adequately met if this fund exchange is approved; and WHEREAS, the City of Diamond Bar plans to expend these funds to augment the City's capabilities in meeting the general public's needs and other City expenses. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby resolve as follows: SECTION 1. The exchange of $500,000 of Proposition A Local Return Funds in exchange for the assignment of $375,000 in General Funds is authorized and approved. SECTION 2. The City Manager is authorized to execute, on behalf of the City, any required documents to effectuate this exchange of funds. 1 SECTION 3. The City Clerk shall certify to the adoption of this Resolution and send certified copies to the City of Commerce. PASSED, APPROVED AND ADOPTED this 21St day of June, 2005. Wen P. Chang, Mayor ATTEST: Linda C. Lowry, City Clerk i, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 21St day of June, 200554, 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 CITY COUNCIL Agenda # r, _ , Meeting Date: 6/21/05 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AWARD OF CONTRACT TO INLAND ROUNDBALL OFFICIALS TO OFFICIATE THE CITY OF DIAMOND BAR BASKETBALL PROGRAM FOR THE PERIOD OF JULY 1, 2005 THROUGH JUNE 30, 2006 IN THE AMOUNT NOT TO EXCEED $30,000. RECOMMENDATION: Award contract. FINANCIAL IMPACT: Costs related to officiating are recovered through fees charged to participants in the basketball program. Funds for this contract are included in the proposed 2005106 FY budget. BACKGROUND: The City Council awarded a contract to Southland Sports Officials on August 7, 2001 for $30,000 for youth & adult sports officiating. Subsequently, the contract was extended through June 30, 2005. Staff is now seeking a contractor to provide officiating services for the period of July 1, 2005 through June 30, 2006. DISCUSSION: Staff has received proposals from Southland Sports Officials and from Inland Roundball Officials. Staff has reviewed both proposals and has evaluated the quality of officiating work performed by representative officials from each contractor. Staff has deemed Inland Roundball Officials to be the more qualified contractor. Staff recommends that the City Council award a contract for the 2005106 FY to Inland Roundball Officials in the amount not to exceed $30,000. REVIEWP Y: I 0 t Bolo e Community Services Director James DeStefano Assistant City Manager Attachments: Contract for 2005106 FY Proposal for Jason Logan, owner of Inland Roundball Officials Exhibit B Inland Roundball Officials (Owner Jason Allan Logan) 3535 Banbury Drive #48 Riverside CA, 92505 May 12, 2005 Diamond Bar Basketball Leagues Ryan Wright or whom it may concern: I (Jason A. Logan) propose to provide officials for your adult (upper level) and youth (lower level) basketball league(s). In addition, I propose to cover all scheduled games and assign only California Basketball Official Association officials with the highest integrity, intensity and respect for the game. I will take the responsibility as to ensure prompt arrival of officials, good customer relationship and fair officiating. My price for performing this work is $18.00 per game per official. I will pay all officials $17.00 per game with a $1 proceed for Inland Roundball Officials and plan to officiate with the assigned referees to ensure quality work. I do understand in the past that officials have failed to show for contests or have failed to be assigned by the owner/assignor of your current officiating organization. I would like to guarantee that games will be covered by Inland, Foothill or Orange County C.B.O.A. officials who will be assigned by myself upon evaluation of your league schedule. I would like to take the time to thank you for your consideration of Inland Roundball Officials as your officiating company. As soon as we have your approval, we can begin work on this job for you. Sincerely, Inland Roundball Officials Owner, Jason A. Logan AMENDMENT #6 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 14th day of December, 2004 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and TRUGREEN LANDCARE, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for City-wide Landscape Maintenance on June 16,1998. b. The CITY has regularly extended its City -Wide Landscape Maintenance Contract with CONTRACTOR, most recently for the period of July 1, 2004 through December 31, 2004. C. Parties desire to amend the contract to extend the contract for an additional one year period, January 1, 2005 through December 31, 2005, in the amount of $315,564. d. Parties desire to further amend the contract by adding monetary penalties for contract specification deficiencies and sub -standard work, as stated in Attachment "A" to this Amendment. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Contract is amended to extend the contract for an additional one year period, January 1, 2005 through December 31, 2005, in the amount not to exceed $315,564. Section 2 — Contract is amended to add Attachment "A", monetary penalties for contract specification deficiencies and sub -standard work. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #6 TO CONTRACT AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Wen Chang Mayor APPROVED TO FORM City Attorney TRUGREENLANDCARE Contractor Signed Title Linda Lowry, City Clerk SPORTS OFFICIALS SERVICE AGREEMENT THIS AGREEMENT is made as of .Tune 21, 2005 _ by and between the City of Diamond Bar, a municipal corporation ("City") and Inland Roundball Officials , ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide services to City asset forth in Exhibit "A", the City's Request for Proposals dated May 12, 2005. B. Contractor represents that it is fully qualified to perform such officiating 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. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" the City's request for proposals dated, May 12, 2005. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit "B" and as supplemented in seasonal league playing schedules provided by the City Manager, or her designee. Services commence when official arrives at designated assignment site, and cease when official departs said site. Services do not involve any travel or transportation whatsoever. 2. Term of Agreement. This Contract shall take effect July 1, 2005, and shall continue until June 30, 2006 unless earlier terminated pursuant to the provisions herein. By mutual agreement and consent of City and Contractor, this agreement may be extended for up to five (5), one (1) year increments. Conditions and fees to be negotiated at time of extension, as amended. 3. Compensation. City agrees to compensate Contractor for each service which Contractor 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 Contractor pursuant to this Agreement shall not exceed thirty thousand dollars ($30,000 ) annually. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, California Contractor: Jason Allan Logan, Owner Inland Roundball Officials 3535 Banbury Drive #48 91765 Riverside, CA 92505 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor 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 Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor 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. Contractor agrees to pay all required taxes on amounts paid to Contractor 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 Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor represents that he does not have any employees nor will he have any employees during the term of this contract. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor 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 Contractor, 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 Contractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contractor 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 a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $3,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Contractor shall require contracting officials to carry automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general 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. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor 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. Contractor shall submit to City insurance certificates indicating compliance with the minimum insurance policy endorsements indicating compliance with all minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Conflict of Interest. A. Contractor 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 Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor 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. Contractor 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. Contractor's covenant under this section shall survive the termination of this Agreement. 11. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. Contractor may terminate this Agreement with or without cause upon ninety (90) days written notice to the City. The effective date of termination shall be upon the date specified in the notice of termination. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. 12. Personnel. Contractor 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 Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 13. Non -Discrimination and Equal Employment Opportunity. A. Contractor 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. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor 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. Contractor 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. 14. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 15. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 16. 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 Contractor 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 Contractor, 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. 17. 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. 18. 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. 19. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. 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. 21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Contractor 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. 22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR Linda Lowry City Clerk Approved as to form: By: City Attorney "CONTRACTOR" By: Its: Wen Chang Mayor Agenda # 6.13 Meeting Date: 06121/05 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manager TITLE: AWARD OF CONSTRUCTION CONTRACT IN THE AMOUNT OF $688,552.20 PLUS 8% CONTINGENCY AMOUNT OF $55,082.80 FOR TOTAL AUTHORIZATION OF $743,635 TO ENVIRONMENTAL CONSTRUCTION, INC. FOR CONSTRUCTION OF IMPROVEMENTS AT VARIOUS MEDIANS AND PANTERA PARK PICNIC SHELTERS, PLUS APPROVAL OF APPROPRIATION OF $28,000 OF PROPOSITION 12 FUNDS, $47,600 OF LLAD #38 FUNDS, $33,160 OF LLAD #41 FUNDS AND $15,000 OF GENERAL FUND TREE PLANTING FUNDS TO COMPLETE THE FUNDING FOR THIS PROJECT. RECOMMENDATION: Award contract and approve appropriation. FINANCIAL IMPACT: Current funding for this project in the adopted 2004105 FY Budget: State Proposition 12 Grant LLAD #38 Funds LLAD #41 Funds Total Current Funding: Estimated Cost of Project: Additional Appropriation Needed: Recommended Appropriation Sources: Construction Contractor Construction Contingency (8%) Duplication of Plans and Specs Plan Check Construction Inspection Total Estimated Cost: Total Estimated Cost Total Current Funding Total Additional Appropriation Needed: $115,000 $282,000 + 240 000 $637,000 $688,552.20 $55,082.80 $2,000.00 $2,500.00 + $12,625.00 $760,760.00 $760,760.00 - $637,000.00 $123,760.00 Transfer Prop A — Safe Parks Act Funds from Lorbeer Proj $28,000 Transfer LLAD #38 Funds from Temple Ave/DBB Project $47,600 Appropriate LLAD #41 Funds $33,160 Transfer Tree Planting Funds from General Fund +$15,000 Total Additional Appropriation: $123,760 BACKGROUND: The City released plans and specifications to receive bids for the construction of the Various Medians and Pantera Picnic Shelters Project on Monday, May 16, 2005. Proposals were received from 2 contractors that were publicly opened and read on June 14, 2005 at Diamond Bar City Hall. Bids ranged from a low of $748,342.20 to a high of $778,624.80. The responsive low bidder is Environmental Construction, Inc. The contractor's license has been checked with the State of California and the license is active and clear. References have been checked and this contractor is working under contract in three other cities on similar projects. Representatives from the three other cities say this contractor is doing fine. (Rancho Cucamonga, Tustin and Hawaiian Gardens) DISCUSSION: The improvements that will be constructed under this contract include: ♦ Slope landscaping and irrigation along Brea Canyon Cut-off. ♦ Landscaping and irrigation on Pathfinder at Evergreen Springs. ♦ Landscaping and irrigation on Brea Canyon Rd at Gerndal. ♦ Landscaping and irrigation on Golden Springs at Adel. ♦ Landscaping and irrigation on Diamond Bar Blvd between Mt. Laurel and Maple Hill Rd. ♦ Two new picnic shelters at Pantera Park Construction on this project should start in mid-July and be complete by mid-November. VALUE ENGINEERING: The base bid for this project is $748,342.20. Staff has worked with the contractor to eliminate items from the contract to lower the cost by $59,790. This reduction results in a revised contract amount of $688,552.20. REVIEWEq-BY: REVIEWED BY: Bob o e James DeStefano Director of Community Services Deputy City Manager Attachments: 1. Agreement 2. Bid Results CITY OF DIAMOND BAR BID SUBMITTAUOPENING WORKSHEET PROJECT: City -Wide Landscape improvements BID OPENING DATE: ,lune 14, 2005 2.00 p.m. NO. CONTRACTOR AMOUNT OF BID 09 D w D A D M COMMENTS C-4 L rvOii.CvL�!.� n •) of ' PAGE SOF l AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Environmental Construction, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR; and WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Various Medians and Pantera Park Picnic Shelters Proiect in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Various Medians and Pantera Park Picnic Shelters Pro'ect in the City of Diamond Bar. The work to be performed in accordance with the Plans and specifications, dated May 16, 2005 (The Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated June 14, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. The CONTRACTOR agrees to complete the work within one hundred and twenty 120 calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred 500.00 dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. l:� C. tell In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. b) Automobile - Property Damage $250,000 each accident. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnities") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnities against and will hold and save Indemnities harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnities harmless therefrom. C. In the event Indemnities are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnities and any all costs and expenses incurred by Indemnities in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnities may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnities. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated .Tune 14, 2005. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. CS LEGACY CONSTRUCTION, INC. By: Date TITLE Date Date CITY OF DIAMOND BAR, CALIFORNIA By: WEN CHANG MAYOR ATTEST: By: LINDA LOWRY CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: APPROVED AS TO FORM: CITY ATTORNEY Date CITY COUNCIL TO: Honorable Mayor and Members of the City Council i Agenda # _ E,-� Meeting Date: 6121105 AGENDA REPORT VIA: Linda C. Lowry, City Manager RM TITLE: AUTHORIZATION FOR ESFOR THE VARIOUS UMOPERFO EDIANS AND IPANTE A PARK AND PLAN CHECK SERVIVIC PICNIC SHELTERS PROJECT IN THE NOT—TO-EXCEED AMOUNT OF $15,125. RECOMMENDATION: Authorize plan check and inspection services. FINANCIAL IMPACT: There are sufficient funds in the 2004105 FY budget for these expenses. DISCUSSION: The City currently contracts with D&J Thesepsel services are Services tnecressary to ovide c complete helSycamore services for the City of Diamond Ba Canyon Park Trail and Trailhead Project. Cost Summary is as follows: Plan Check $2,500 Construction Inspection Services 12 625 Total $15,125 Community Services Director James DeStefano Assistant City Manager CITY COUNCIL Agenda # 6.15 Meeting Date: 06/1 AGENDA REPORT T0: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVAL FOR TRUGREEN LAN OF AS -NEEDED RE OPLETE AN WORK IN 2005/01ONAL 6 FY A5I5,000 OF AUTHORIZEDNBY C TY ECDED WORK IN 2004105 FY AND $40,000 STAFF TO COMPLETE WORK NECESSARY FOR THE CITY-WIDE LANDSCAPE MAINTENANCE CONTRACT. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for the as -needed work is already included in the adopted 2004105 FY budget and the proposed 2005106 FY budget, BACKGROUNDIDISCUSSION: On December 14, 2004, the City Council extended the City-wide Landscape 5 nape the Maintenanamount once contract with TruGreen LandCare for the period of January 1, 2005 through December 31, $315,564. The contract with TruGreen allows additional work to be performed as assigned by City in ff, up as -needed the authorization amount approved by the City Council. The City Council previously approved $25,000 work for the 2004105 fiscal year. The type of additional work authorized by staff has been irrigation repairs, color planting at the city entry signs, emergency repair of controllers and backflow prevention devices and repair of damage caused by automobile accidents. $25,000 in as -needed work has already been completed in the current fiscal year, with the need of an additional $15,000 through June 30, 2005. it is estimated that $40,000 in as -needed work will be required in 2005106 FY. The City-wide Landscape Maintenance Contract includes: City Parks, LLAD #38, LLAD #39 and LLAD #41 ATTACHMENT: Amendment #6 to City-wide Landscape Maintenance Contract with TruGreen LandCare REV6�W�D Director of Community Services James DeStefano Assistant City Manager CITY COUNCIL Agenda # 6.1 h Meeting Date: 06121/05 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City ManagerG TITLE: AWARD OF CONSTRUCTION CONTACT IN THE AMOUNT OF $437,622.55 PLUS 4.8% CONTINGENCY AMOUNT OF $21,006.00 FOR TOTAL AUTHORIZATION OF $458,628.55 TO CS LEGACY CONSTRUCTION, INC. FOR CONSTRUCTION OF IMPROVEMENTS AT SYCAMORE CANYON PARK TRAIL AND TRAILHEAD, PLUS APPROVAL OF APPROPRIATION OF $50,000 OF PROPOSITION 40 FUNDS AND $120,261 OF PROPOSITION A "SAFE PARKS ACT' FUNDS TO FULLY FUND THIS PROJECT. RECOMMENDATION: Award contract and approve appropriation. FINANCIAL IMPACT: Current funding for this project in the adopted 2004105 FY Budget: State Proposition 12 Grant Land and Water Conservation Grant Rivers and Mountains Conservancy Grant Total Current Funding: Estimated Cost of Project: Additional Appropriation Needed: Construction Contractor Construction Contingency (4.8%) Design of Plans and Specs Duplication of Plans and Specs Plan Check Construction Inspection Total Estimated Cost: Total Estimated Cost Total Current Funding Total Additional Appropriation Needed: $107,01600 $118,903.00 $124,081.00 $350,000.00 $437,622.55 $21,006.00 $48,211.00 $1,071.45 $2,350.00 $10,000.00 $520,261.00 $520,261.00 -$350,000.00 $170,261.00 Recommended Appropriation Sources: Unappropriated Prop A — Safe Parks Act Funds $120,261 Proposition 40 Funds From Starshine/S c Can ADA Ph. II + $50,000 Total Additional Appropriation: $170,261 The City has a total of $50,000 in Proposition 40 Funds remaining from the Starshine Park and Sycamore Canyon Park ADA Phase II projects. The $50,000 was originally budgeted as the contingency for these projects, but was not utilized. Therefore the $50,000 in Prop 40 Funds is available to be appropriated to this project. Also, there is $120,261 in unappropriated Prop A "Safe Parks Act" Funds available to be appropriated. The additional appropriation of $170,261 will make it possible to fund the staff recommended improvements of this project. BACKGROUND: The City released plans and specifications to receive bids for the construction of the Sycamore Canyon Park Trail and Trailhead project on Monday, May 2, 2005. Proposals were received from 3 contractors that were publicly opened and read on May 31, 2005 at Diamond Bar City Hall. Bids ranged from a low of $479,455.09 to a high of $544,649.26. The responsive low bidder is CS Legacy Construction, Inc. The contractor's license has been checked with the State of California and the license is active and clear. This contractor is already working under contract for the City of Diamond Bar at Starshine Park. That project is going very well and is almost complete. DISCUSSION: The trail improvements that will be constructed in Sycamore Canyon Park include: ♦ Trailhead at Diamond Bar Blvd with automobile access to five parking spaces, two viewing areas with benches, trail access down slope, drinking fountain, information kiosk, landscaping and security lighting. ♦ Trail access across v -ditch in park. ♦ Viewing deck at waterfall area. ♦ Decomposed granite walking paths. ♦ Two new street lights along Diamond Bar Blvd in the back of Sycamore Canyon Park. Construction on this project should start in mid-July and be complete by mid-October. OPTIONS: The base bid for this project is $351,210.15. Staff has worked with the contractor to eliminate installation of a pay telephone (contract savings of $4,132), a second drinking fountain (savings of $8,010) and costs related to moving the bus stop on Diamond Bar Blvd (savings of $5,933) for a revised base bid amount of $333,135.15. This revised base bid is the cost for the improvements at the Diamond Bar Blvd end of the park, which include a trailhead with automobile access to five parking spaces, two viewing areas with benches, trail access down the slope, one drinking fountain, information kiosk, landscaping/irrigation, security lighting, two new street lights along Diamond Bar Blvd in the back of Sycamore Canyon Park and decomposed granite walking paths. There are two bid alternates that can be considered for this project that are not included in the $333,135.15. The first bid alternate is for $104,487.40. This is the cost to construct the trail from the v -ditch at the south end of the park to the viewing deck at the small water fall. Staff is recommending that this bid alternate be accepted. This is the most utilized portion of the trail in Sycamore Canyon Park and subject to the most wear. Construction of the trail improvements will increase the durability of the trail and enhance the experience of residents hiking on this portion of the trail. This area was also detailed in the applications submitted for the Land and Water Conservation Grant and the Rivers and Mountains Conservancy Grant. Ultimately, a total of $242,984 in grant funds was awarded from these two sources. The second bid alternate is for $23,726 and is for additional landscaping/irrigation and fencing at the Diamond Bar Blvd end of the project. Staff does not recommend that this bid alternate be constructed. Cost of the project with the first bid alternate added to the revised base bid is $437,622.55. REVIEWEB"Y: REVIEWED BY: Director of Community Services Attachments: 1. Agreement 2. Bid Results James DeStefano Deputy City Manager CITY OF DIAMOND BAR BID SUBMITTAL/OPENING WORKSHEET PROJECT: sycamore Canyon Trail and Trail Head Improvements BID OPENING DATE: May 31, 2005 2:00 p.m. 8B A NO. CONTRACTOR AMOUNT OF BID o N o COMMENTS D M y t U :3 r PAGE OF AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City CIerk, by and between CS Legacy Construction Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR; and WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Sycamore Canyon Park Trail and Trailhead Prosect in the City of Diamond Bar. �— NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Sycamore Canyon Park Trail and Trailhead Project in the City of Diamond Bar. The work to be performed in accordance with the Plans and specifications, dated May 2, 2005 (The Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal „dated May 31, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. The CONTRACTOR agrees to complete the work within ninety 90 calendar days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. The City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles I and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code, 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8, 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Indemnities") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnities against and will hold and save Indemnities harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnities harmless therefrom. c. In the event Indemnities are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnities and any all costs and expenses incurred by Indemnities in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnities may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnities. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnities. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated May 31, 2005. 12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No, Date Date Date CS LEGACY CONSTRUCTION, INC. TITLE CITY OF DIAMOND BAR, CALIFORNIA By: WEN CHANG MAYOR ATTEST: By: LINDA LOWRY CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time: APPROVED AS TO FORM: CITY ATTORNEY Date Agenda No. 6.17 June 21, 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager4 TITLE: Second Reading of Ordinance No. 07 (2005) amending Title 15 of the Diamond Bar Municipal Code (Electrical Code). RECOMMENDATION: Approve second reading by title only and waive full reading of Ordinance No. 07(2005). BUDGET IMPLICATION: None. BACKGROUND: Proposed is an Ordinance amending Title 15 of the Municipal Code of the City of Diamond Bar. During the last public hearing on June 7, 2005, the City Council approved the first reading of Ordinance No. 07(2005) Electrical Code. This Ordinance will be in effect in thirty (30) days. Every three years, the State of California reviews various Model Building Code regulations and typically adopts the most current California Building Code printed by the International Conference of Building Officials (ICBO) The code most recently adopted by the State is the "California Electrical Code," 2004 Edition and all appendices thereto. Local jurisdictions are required to adopt these codes by ordinance or they will automatically be adopted by operation of law. The State allows local municipalities to amend The California Electrical Code to meet the unique climatic, geographical, and topographical conditions of a City. The most significant technical changes are summarized below: DISCUSSION: Proposed is an Ordinance amending Title 15 of the Municipal Code of the City of Diamond Bar. Staff has also provided a Resolution making express findings and determinations that modifications to the Electrical Code are reasonably necessary because of the local climatic, geological, or topographical conditions. CITY ADOPTION: In September 2002, the City of Diamond Bar City Council adopted the 2001 California Building Codes to meet state mandates. Since then, the State has adopted the most current Electrical Code printed by the International Conference of Building Officials. During the Sate adoption certain process, changes and omissions occurred. These changes and omissions are enclosed in the 2004 edition of the above referenced code In February of this year, the State of California adopted the 2004 code, which allowed local cities, by law, 180 days to follow suit if those cities intend to modify their codes. This year, local cities have until August 2005 to amend the 2004 State Code. The Code amendments are as follows: Section 110-14 is amended to read: "no aluminum conductor smaller than No. 4 AWG shall be used. Whenever any aluminum is utilized as herein permitted, the applicant shall be required to obtain, at applicant's expense, a separate Certificate of Inspection from a special inspector authorized by law to provide such inspections; no certificate of inspection shall be issued until after the on-site inspection." This section reduces the use of aluminum wiring due to incidents of electrical house fires during the past seventeen years. 305-3(b) Time Constraints is amended to read: "90 Days 30 days. Temporary electrical power and lighting installations shall be permitted for a period not to exceed 90 days 30 days for holiday decorative lighting and similar purposes." The section reduces the time frame for the removal of all decorative exterior wiring and holiday lighting. 334-10 (a) Type NM is amended to read: "Type NM cable shall be permitted for beth expesed concealed work in normally dry locations. It shall be permissible to install or fish Type NM cable in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness." 334-10 (b) Type NMC is amended to read: "Type NMC cable shall be permitted: (1) for both exposed aPd GenGealed work in dry, moist, damp, or corrosive locations; (2) in outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least 1116 inch (1.59 mm) thick and covered with plaster, adobe, or similar finish." The two changes above will help eliminate damage to nonmetallic cable in locations subject to damage due to weather, ultra -violet light, or personal use (i.e. garages, attics, under exterior soffits, under open -roofed patios). Article 336-4. Uses not Permitted. 336-4 (a) Type NM or NMC. "Types NM and NMC cables shall not be used: in any dwelling or structure exceeding three floors above grade: (2) as service entrance cable; (3) in commercial garages having hazardous (classified) locations as provided in Section 511-3; (4) in theaters -and similar IGGativn• 8XGept as previded inAFtiGl . 581. and 50 and industrial buildings. For the purpose of this article, the first floor of a building shall be that floor that has fifty percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. " In many cases, the Building Department has encountered damage to nonmetallic -- sheathed cable during inspections of commercial tenant improvements. Most of the damage is due to the use of steel studs, mandated by the Building Code. The original article contained many exceptions to commercial use already; however the change above will broaden the safety net to include office type uses. Table 300-5. "Minimum Cover Requirements, 0 to 600 Volts, Nominal, Burial in Inches (Cover is defined as the shortest distance measured between a point on the top surface of any direct buried conductor, cable, conduit or other raceway and the top surface of finished grade, concrete, or similar cover.) All conductors, cables, conduits, or other raceway used for one -and two family dwelling driveways and parking areas, and used for no other purpose, shall be buried no less than 24 inches below finished grade. " Due to the expansive -type soil throughout Diamond Bar, it is necessary to add six additional inches to bury electrical wiring under one -and -two family dwelling driveways and parking areas. This change is reflected above. A response from the Building Industry Association (B.I.A.) was received indicating that proposed amendments to the Uniform Electrical Code were minor in nature and would not have an impact on the building industry. The Fire Department has received and reviewed the proposed California Building Code amendments and has determined that the amendments will not negatively impact the Fire Code. Prepared By Dennis A. Tarango, Building Official Jim De Stefano, Deputy City Manager Attachment: 1. Draft Ordinance No. 07(2005) ORDINANCE NO. 07 (2005) AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "CALIFORNIA ELECTRICAL CODE," 2004 EDITION AND THE APPENDICES THERETO, TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS INCLUDING FEES AND PENALTIES. A. Recitals. (i) Section 17922 of the California Health & Safety Code mandates the adoption, by reference, of the uniform code. (ii) At least one copy of the code identified in this Ordinance and certified as full, true and correct copy thereof by the City Clerk of the City of Diamond Bar have been filed in the office of the City Clerk of the City of Diamond Bar in accordance with the provisions of California Government Code § 50022.6 (iii) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: Section 1 Adoption of this Ordinance shall not excuse any violation of Division 6 of Chapter 15.00 occurring prior to the effective date of this Ordinance. The provisions of Division 6 of Chapter 15.00 in effect on the date of adoption of this Ordinance shall continue to be applicable to construction wherein plans have been submitted for plan check as of the effective date of this Ordinance so long as the initial permit therefore is issued not later than ninety (90) days after the effective date of this Ordinance. Section 2: "Division 6 of Chapter 15.00 of the Diamond Bar City Code is amended to read, in words and figures, as follows: Division 6. Electrical Code "Sections: "15.00.910 California Electrical Code — Adopted. "15.00.920 Amendments Articles 89 and 90 — Deleted Section 110-14 —Amended Section 305-3(b) - Amended Section 334-10(a) and (b) — Amended Section 334-12(a) — Amended Table No. 300.5 --- Amended 15.00.930 Penalties — Added. "15.00.910 California Electrical Code — Adopted. Except as hereinafter provided, the 2004 Edition of the California Electrical Code (Part 3 of Title 24 of the California Code of Regulations), including appendices thereto, which incorporates the National Electrical Code, 2004 Edition, published by the National Fire Protection Association, is hereby adopted by reference with the same force and effect as though set forth herein in full and shall constitute the Electrical Code of the City. A copy of such Code has been deposited in the office of the City Clerk and shall be, at all times, maintained by the Clerk for use and examination by the public. "15.00.920 Amendments Notwithstanding the provisions of Section 15.00.920, the California Electrical Code is amended as follows: Articles 89 and 90 -- Deleted "Articles 89 and 90 of the California Electrical Code hereby are deleted, in their entirety. All administrative, permitting and related requirements of said Articles of the California Electrical Code shall be governed by Division 2 of this Chapter. Section 110-14 — Amended "Section 110-14 of the California Electrical Code, 2004 Edition, allowing the used of aluminum conductors shall be amended to read that no aluminum conductor smaller than No. 4 AWG shall be used. Whenever any aluminum is utilized as herein permitted, the applicant shall be required to obtain, at applicant's expense, a separate Certificate of Inspection from a special inspector authorized by law to provide such inspections; no certificate of inspection shall be issued until after the on- site inspection. Section 305-3(b) — Amended "Section 305-3(b) of the California Electrical Code, 2004 Edition, is hereby amended to read: 30 Days. Temporary electrical power and lighting installations shall be permitted for a period not to exceed 30 days for holiday decorative lighting and similar purposes. Section 334-10(a) — Amended "Section 334.10(x) of the California Electrical Code, 2004 Edition, is hereby amended to read, in words and figures as follows: "Section 334.10 (a) Type NM cable shall be permitted for concealed work in normally dry locations. It shall be permissible to install or fish Type NM cable in air voids in masonry block or tile walls where such walls are not exposed or subject to excessive moisture or dampness. "Section 334.10 (b) Type NMC cable shall be permitted: (1) for work in dry, moist, damp, or corrosive locations; (2) in outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry, concrete, or adobe protected against nails or screws by a steel plate at least 1116 inch (1.59 mm) thick and covered with plaster, adobe, or similar finish. Section 334-12 (a) — Amended "Section 334 -12 (a) of the California Electrical Code, 2004 Edition, is hereby amended to read, in words and figures as follows: "Section 334 - 12 (a) Types NM and NMC cables shall not be used: (1) in any dwelling or structure exceeding three floors above grade: (2) as service entrance cable; (3) in commercial and industrial buildings. For the purpose of this article, the first floor of a building shall be that floor that has fifty percent or more of the exterior wall surface area level with or above finished grade. One additional level that is the first level and not designed for human habitation and used only for vehicle parking, storage, or similar use shall be permitted. Table No. 300.5 — Amended "Table No. 300-5 of said California Electrical Code, 2004 Edition is hereby amended to read, in words and figures, as follows: 70-114 ARTICLE 300 - W1R:NG MFTIIGDS Table 300.5 Minimum Cover Requirements, 0 to 400 Volts, Nominal, Burial in Millimeters (Inches) Type of Wiring Method or Circuit Column 5 Circuits for Control of Irrigation and Column 4 Landscape Column 3 Residential Branch Lighting Limited Nonmetallic Circuits Rated 120 to Not :More Than Raceways Listed Volts or Less with 30 Volts and far Direct Burial CFCI Protection and Installed with Column 1 Direct Column 2 Rigid Metal Without Concrete Maximum Type LIF or in Burial Cables or [ or Encasement or Overcurrent tither Identified I Conductors Intermediate Metal Other Approved Protection of 20Cable or Raceway II Conduit Raceways Amperes Location of Wiring mm I in. mm in. mm in. mm in. TTT mm l in. I Method or Circuit 3 All locations not 60D 24 150 6 450 18 300 12 150 h specified 11%,Iow In trench below 50 -mm 450 1$ 150 6 300 12 50 6 50 - l- (2 -in.) thick concrete 1 or equivalent litidcr a building 0 0 1 0 0 0 0 0 0 q 0 (in raceway onrly) (in raceway only) I (in raceway only) 100 4 100 4 150 6 50 6 Under minimum of 102- 450 19 mm (4 -in.) thick (direct 6ur�al) concrete exterior slab with no vehicular ,I 100 4 iraffiw and the slah (in raceway) extending not less than 152 ratm 16 in.) i beyond the underground installation Under streets, highways, 600 24 600 24 600 24 600 24 600 24 roads, alleys. driveways, and parking lots. One- and two-la,mly 600 24 450 18 G00 24 300 12 450 I8 ti-ellin g driveways and outdoor parking areas, and usedoniv for dwelling -elated purp05ea In or under airport 450 18 450 18 450 I8 450 18 450 18 runways, including ad,1m:en3 arms where rrespassing prohibiled Na+cc, I, lm-er is JefincJ as the shonest d�s[ance in millimeters iindres) measured he!wcen a point rn Jrc u+;� surface of any direct -boned conductor, ca�lc, umduit. or other raceway and (he mp surfece of finished grade, concrete, orsirralar weer. 1, Raceways approval for bursal only where concrete encased shall rrxluire concrete envelope nut less than 50 aim (2 in) thick. :±. f rsscr depths shall be pennitwd where cables and conductors rise for terminaRons or splices or where access is otherwise required. 4. Whcrc oac of the wiring mtthod types Itnted In Calurtms 1-3 is used for one of the circuit types in Coluruns 4 and 5, the shallower depth of banal shait he pennittetf S. Where solid rock prevents compliance with the cover depths specified in this table, the M g shat) be installed in metal or nomnecallke raceway p ,r,nt(W €or direct burial The ra —e . shall be covered by a minit—n of 50 mai (2 in.I of concrete extending down to —k. 21xoa Calltbmla El"', al Codi "15.00.930 Penalties for Violation of Division It shall be unlawful for any person, firm, partnership, or corporation to violate any provision, or to fail to comply with any of the requirements, of this Divisions. Any person, firm, partnership, or corporation violating any provision of this Division or failing to comply with their requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefore as provided in this Division. Section 3: This ordinance shall be effective upon adoption and shall become operative on this day of , 2005 PASSED, ADOPTED AND APPROVED this day of 2005 CITY COUNCIL Agenda # c, - i$_ Meeting Date: 06/21/05 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managed TITLE: AMENDMENT #3 TO CONTRACT WITH EXCEL LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES AT NINE LOCATIONS IN LLAD #38 FOR THE 2005106 FISCAL YEAR IN THE AMOUNT OF $29,371.08; PLUS A CONTINGENCY AMOUNT OF $5,000 FOR AS -NEEDED WORK. . Recommendation: Approve. Financial Impact: Funds for this contract are included in the proposed 2005106 FY budget. Background/Discussion: The nine areas included in this contract that are maintained by Excel Landscape in LLAD #38 are: 1. Median on Golden Prados south of Golden Springs. 2. Parkway on north side of Golden Springs between Platina and EI Encino. 3. Parkway on south side of Golden Springs across from Torito Lane. 4. Parkway on south side of Golden Springs west of Ballena. 5. Parkway on north side of Sunset Crossing between Chaparral and Big Falls. 6. Parkway on northwest corner of Gold Rush and Diamond Bar Blvd. 7. Parkway on southeast corner of Gold Rush and Diamond Bar Blvd. 8. Medians on Tin Drive west of Diamond Bar Blvd. 9. Parkways on both sides of Brea Canyon Road between Pathfinder and southern City Limits. Section 14 of the contract allows the City Council to extend the contract on an annual basis. Attachments: Contract dated October 30, 2002 Amendment #1 dated September 2, 2003 mendment #2 dated July 6, 2004 ii / mendment #3 dated June 21, 2005 Bob Rose Community Services Director James DeStefano Assistant City Manager AMENDMENT #3 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 21st day of June, 2005 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and EXCEL LANDSCAPE, ("CONTRACTOR") Recitals: a. EXCEL LANDSCAPE entered into a 12 month AGREEMENT with CITY effective July 1, 2002 ("the AGREEMENT") for Landscape Maintenance at locations listed in Exhibit A. b. AGREEMENT was extended for the period of July 1, 2003 through June 30, 2004 by Amendment #1 on September 2, 2003 at the original contract price. C. AGREEMENT was extended for the period of July 1, 2004 through June 30, 2005, and included a 3.7% C.P.I. increase by Amendment #2 on July 6, 2004. d. Parties desire to amend the AGREEMENT to extend the term for the period of July 1, 2005 through June 30, 2006 at no additional cost. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section I — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2005 through June 30, 2006. Section 2 — AGREEMENT for extension includes no increase and shall not exceed $29,371.08. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #3 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California EXCEL LANDSCAPE Contractor Signed Signed Wen Chang Title: Mayor Title APPROVED TO FORM City Attorney Linda Lowry City Clerk Exhibit A LLMD #38 Landscape Maintenance Locations t. Median on Golden Prados south of Golden Springs. 2. Parkway on north side of Golden Springs between Platina and El Encino. 3. Parkway on south side of Golden Springs across from Torito Lane. 4. Parkway on south side of Golden Springs west of Ballena. 5. Parkway on north side of Sunset Crossing between Chaparral and Big Falls. 6. Parkway on northwest corner of Gold Rush and Diamond Bar Blvd. 7. Parkway on southeast corner of Gold Rush and Diamond Bar Blvd. 8. Medians on Tin Drive west of Diamond Bar Blvd. 9. Parkways on both sides of Brea Canyon Road between Pathfinder and southern City Limits. AMENDMENT #2 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 6th day of July, 2004 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and EXCEL LANDSCAPE, ( "CONTRACTOR") Recitals: a. EXCEL LANDSCAPE entered into a 12 month AGREEMENT with CITY effective July 1, 2002 ("the AGREEMENT') for Landscape Maintenance at locations listed in Exhibit A. b. AGREEMENT was extended for the period of July 1, 2003 through June 30, 2004 by Amendment #1 on September 2, 2003 at the original contract price. Parties desire to amend the AGREEMENT to extend the term for the period of July 1, 2004 through June 30, 2005 and to provide a 3.7% C.P.I. increase. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 -- Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2004 through June 30, 2005. Section 2 — AGREEMENT for extension includes a C.P.I. increase of 3.7% and shall not exceed $29,371.08. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Bob Zirbes Title: Mayor EXCEL LANDSCAPE Contractor Signe Title Linda Lowry City Clerk AMENDMENT #1 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 2nd day of September, 2003 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and EXCEL LANDSCAPE, ("CONTRACTOR") Recitals: a. EXCEL LANDSCAPE entered into a 12 month AGREEMENT with CITY effective July 1, 2002 ("the AGREEMENT") for Landscape Maintenance at locations listed in Exhibit A. b, EXCEL LANDSCAPE has continued to provide landscape maintenance service on a month-to-month basis since July 1, 2003 at the original contract price. C. Parties desire to amend the AGREEMENT to extend the term for the period of July 1, 2003 through June 30, 2004. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the CONTRACT AGREEMENT from July 1, 2003 through June 30, 2004. Section 2 — Contract Amendment for extension shall not exceed $28,323.12. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO CONTRACT AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of Califo is Signed W 4AA- Carol Herrera Title: Mayor AP�R0 E TO I EXCEL LAND�SCAPI= Contra r ,� Signed' Title Lynda Burgess, City Clerk AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between, Excel Landscape, hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to the verbal Request For Proposals (R.F.P.), proposals were received, on the date specified in the R.F.P.; and WHEREAS, City did accept the proposal of CONTRACTOR Excel Landscape and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Landscape Maintenance at locations listed in Exhibit A in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the for the Landscape Maintenance at locations listed in Exhibit A in the City of Diamond Bar. The work to be performed in accordance with the R.F.P., dated May 1, 2002. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The R.F.P. is incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The R.F.P., CONTRACTOR'S Pro osal dated June 24 2002, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete assigned work within time frames stated in contractor's proposal. Agreement and unit prices shall remain in force, unless terminated sooner, until June 30, 2003. Agreement may be extended per Section 14. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of Califomia. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre-vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section t 773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 24, 2002 in the amount of Twenty-four thousand dollars ($24,000). 12.ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13.TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. EXTENSION OPTION: The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods, the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. Date - � WEN0 �MMW Lm - CITY OF DIAMOND BAR, CALIFORNIA By: Date MAYOR ATTEST: - / J100 0 A Z- By: Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time Date APR ED O FORM: CITY ATTORNE Exhibit A LLMD #38 Landscape Maintenance Locations 8120102 1. Median on Golden Prados south of Golden Springs. 2. Parkway on north side of Golden Springs between Platina and El Encino. 3. Parkway on south side of Golden Springs across from Torito Lane. 4. Parkway on south side of Golden Springs west of Ballena. 5. Parkway on north side of Sunset Crossing between Chaparral and Big Falls. 6. Parkway on northwest corner of Gold Rush and Diamond Bar Blvd. 7. Parkway on southeast corner of Gold Rush and Diamond Bar Blvd. 8. Medians on Tin Drive west of Diamond Bar Blvd. 9. Parkways on both sides of Brea Canyon Road between Pathfinder and southern City Limits. Fees for Service Monthly Locations Fee Dates Contract Cost Locations #1 through #8 $631/mo. 7/1102 — 6/30/03 $ 7,572.00 Location #9 $1,729.26/mo. 9117102 — 6/30/03 $16,428.00 Total Contract Amount for 2002103 Fiscal Year $24,000.00 CITY COUNCIL Agenda #6 - i c) Meeting Date: 6121105 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AUTHORIZATION FOR D&J MUNICIPAL SERVICES TO PERFORM INSPECTION AND PLAN CHECK SERVICES FOR THE SYCAMORE CANYON PARK TRAIL AND TRAILHEAD PROJECT IN THE NOT—TO-EXCEED AMOUNT OF $12,350. RECOMMENDATION: Authorize plan check and inspection services. FINANCIAL IMPACT: There are sufficient funds in the 2004105 FY budget for these expenses. DISCUSSION: The City currently contracts with D&J Municipal Services to provide inspection and plan check services for the City of Diamond Bar. These services are necessary to complete the Sycamore Canyon Park Trail and Trailhead Project. Cost Summary is as follows: Plan Check $2,350 Construction Inspection Services $10,000 Total $12,350 Community Services Director James DeStefano Assistant City Manager CITY COUNCIL Agenda# _ c, -2n Meeting Date: 6/21/05 AGENDA REPORT TO: Honorable Mayor and Members of the City Council 7 VIA: Linda C. Lowry, City Manager TITLE: APPROVAL OF AMENDMENT #nFO CONTRACT WITH HIRSCH & ASSOCIATES FOR ARCHITECT SERVICES TO REVISE THE TERM OF AGREEMENT TO DECEMBER 31, 2006. RECOMMENDATION: Approve. FINANCIAL IMPACT: There are no financial implications related to this action. It only extends the term of the contract. BACKGROUND: The City Council awarded a contract to Hirsch and Associates for Sycamore Canyon Park ADA retro- fit improvements on March 5, 2002. Amendment #1 was approved on March 4, 2003 for additional landscape architect services. Staff is seeking City Council approval to extend this contract to December 31, 2006. DISCUSSION: Phase II improvements at Sycamore Canyon Park are currently under construction. Phase II includes: additional parking, picnic shelter, picnic tables, improved drainage in lower parking lot, bridge repairs and an accessible drinking fountain. This contract amendment will result in the development of construction documents for Phase III improvements. Phase III will include: new retaining wall, accessible ramp from upper to lower portion of park, two accessible play structures, and a concrete pad for the stage. Design work will take about four months and construction should be completed by June 30, 2006. Phase IV improvements of the Sycamore Canyon Park ADA retro -fit project will involve accessible restrooms and other building improvements. The current goal is to have t�q de gn f Phase IV improvements completed by December 31, 2006. RE Bob'Ro& " James DeStefano Community Services Director Assistant City Manager Attachments: Amendment #2 to Agreement Amendment #1 to Agreement Agreement with Hirsch & Associates dated March 5, 2002 AMENDMENT #1 TO AGREEMENT THIS AMENDMENT #1 TO AGREEMENT is made this 4th day of March 2003, by and between the CITY OF DIAMOND BAR, a municipal corporation ("City") and HIRSCH AND ASSOCIATES, INC. ("CONSULTANT"). Recitals: a. CONSULTANT entered into an agreement with CITY on March 5, 2002 (the "AGREEMENT") III the amount not to exceed $50,000 to provide Landscape Architect Services for the design of Phase 11 ADA improvements at Sycamore Canyon Park. b. Parties desire to amend the AGREEMENT to provide for additional Landscape Architect Services that consist of Sycamore Canyon Park Phase III ADA park improvements in the amount of S 110,950. Fee for services described under recital `B" herein shall not exceed $110,950. d. 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, the parties agree to amend the AGREEMENT as follows: Section 1 — Attachment "B" to the AGREEMENT is amended by adding thereto additional landscape architect services that consist of Sycamore Canyon Park Phase III ADA improvements as described in the proposal dated February 26, 2003. Section 2 — Section 3 of the AGREEMENT is amended to add compensation in the amount of $110,950, for a total authorization not to exceed S 160,950. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State f Calif rnia Signed Title Cp D TO OLM City Attorney HIRSCH AND ASSOCIATES, INC. City lerk CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of March 5. 2002 and between the City of Diamond Bar, a municipal corporation ("City") and Hirsch and Associates ("Consultant"). RECITALS A. Consultant was selected through a competitive bidding process in compliance with all legal requirements to perform certain tasks in connection with the design of ADA improvements to Sycamore Canyon Park, pursuant to its proposal dated August 10, 1999. B, Consultant completed Phase I tasks (one through five of proposal), in the amount of $25.000 for the period of January 4, 2000 through December 31, 2000. C. City desires to continue utilizing the services of Consultant to complete Phase II tasks (six through eighteen plus bid alternates one, two, four, six, seven and ten of proposal), for the period of March 5, 2002 through December 31, 2004 in the amount of $50,000 as an independent contractor to provide consulting services to City. D. 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. E. Since this is a Federally assisted construction project, Davis -Bacon will be enforced, and if the State and Federal wage rates are applicable, then the higher of the two will be used. The Federal Labor Standards provisions (form HUD -4010), HUD's Section 3 requirements Federal Minority Business Enterprise / Women's Business Enterprise (MBE/WBE) requirements and the Federal Wage Determination are attached and made part of this agreement, and compliance will be enforced. Any prime contractor or subcontractor working on a Federally assisted project must be eligible to participate. Any agreement must contain the same Federal language. 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 August 10, 199g, 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 be in effect beginning March 5 2002, and shall continue until December 31 2004 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 $50,00 . 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 of Diamond Bar Consultant: Hirsch and Associates Linda C. Lowry, City Manager Pat Hirsch 21825 Bast Copley Drive 2221 E. Winston Rd., Suite A Diamond Bar, CA 917654178 Anaheim, CA 92806 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 d limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors anomissions) 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 tenors of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its.services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the otherparty. 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. written above. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first "City" ATTEST: By— Lynda Burgess City Clerk as to form: CITY OF DIAMOND BAR By: �r t f' ` C, Wen Chang Mayor Its: l�j AMENDMENT #2 TO AGREEMENT THIS AMENDMENT #2 TO AGREEMENT is made this 21st day of June 2005, by and between the CITY OF DIAMOND BAR, a municipal corporation ("City") and HIRSCH AND ASSOCIATES, INC. ("CONSULTANT"). Recitals: a. CONSULTANT entered into an agreement with CITY on March 5, 2002 (the "AGREEMENT") in the amount not to exceed $50,000 to provide Landscape Architect Services for the design of Phase I1 ADA improvements at Sycamore Canyon Park. b. Amendment #1 was approved by the City on March 4, 2003 to revise the contract amount to $160,950 for Landscape Architect Services for the design of Phase III ADA improvements at Sycamore Canyon Park. Parties desire to amend the AGREEMENT to extend the Term of Agreement to December 31, 2006. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Section 2, Term of Agreement, is amended by revising the date to continue to December 31, 2006. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the date and year first written above. F. -VU -0 ; k, 19 CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Wen Chang Mayor ENS 4111TISMA 91 0 City Attorney HIRSCH AND ASSOCIATES, INC. Consultant Signed Title City Clerk Agenda: 6. 21 Meeting Date: June 21, 2005 CITY COUNCIL rf=,et;� AGENDA REPORT TO: Honorable Mayor and Members of he City Council VIA: Linda C. Lowry, City Manage ot� TITLE: AWARD CONTRACT FOR THE ILLUMINATED STREET NAME SIGNS PROJECT IN THE AMOUNT OF $199,655.00 TO POUK & STEINLE, INC.; AND AUTHORIZE A CONTINGENCY AMOUNT OF $20,000.00 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $219,655.00 RECOMMENDATION: Award contract. FINANCIAL IMPACT: In F/Y 2004-2005, $200,000.00 has been appropriated for the installation of illuminated street name signs. For the additional contingency amount of $20,000.00 needed to complete the project, there is adequate funds available in the signing and striping maintenance account. BACKGROUND: As part of the City-wide beautification program, the City Council reviewed and approved the installation of new illuminated street name signs at all signalized intersections. At the Study Session of March 15, 2005, the Council directed staff to incorporate the City's original logo (Exhibit "A") in order to maintain a consistent look with the residential street name signs. Staff was also directed to obtain bids that would include new housing units, use of the larger, bolder -type font, dark green background, and all caps, with first letter of each word larger than the rest, leaving off the direction numbering, and no "City of Diamond Bar" along the bottom of the signs. All signs shall conform to the provisions in Section 86-6.065 "Internally Illuminated Street Name Signs", of the State Standard Specifications. DISCUSSION: With the completion of the bid specifications, the project was advertised in May. On June 14, 2005, five (5) bids were submitted and opened. The apparent low bidder is Econolite Team; however, due to the fact that Econolite's bid proposal was submitted without one of the three required addendums (Addendum No. 3), staff deemed Econolite's proposal to be non-responsive and proceeded with the second low bidder, Pouk & Steinle, Inc. Staff has verified the contractor state license and found it to be valid. References were checked for similar work completed and Pouk & Steinle, Inc. has satisfactorily completed many traffic signal modification projects in other Los Angeles and Orange County Cities. The bids received were as follows: Bid Form A Econolite Team $ 137,216.00 Pouk & Steinle, Inc. $138,995.00 T.D.S. Engineering $ 149,378.00 Republic Electric $ 159,180.00 Steiny & Company $ 174,305.00 Alternate Bid Total Bid Amount Form B $67,527.00 $204,743.00 $60,660.00 $199,655.00 $72,609.00 $221,987.00 $76,050.00 $235,230.00 $75,135.00 $249,440.00 All bidders were required to submit two bid forms; Bid Form A includes thirty-five (35) intersections (Attachment "B"), and Alternate Bid Form B includes the additional sixteen (16) intersections (Attachment "C") as directed by the Council at the March 15, 2005 Study Session. The bids are based on the manufacture and installation of new illuminated street name signs and their housing units at fifty-one (51) signalized intersections owned and maintained by the City. Under separate contracts, as part of the City's CIP Program, an additional ten (10) intersections will also incorporate the new illuminated street name signs. The tentative schedule is as follows: June 21, 2005 Award of Contract July 5, 2005 Project Start October 5, 2005 Project Completion PREPARED BY: Debbie Gonzales, Administrative Assistant REVIEWED BY: D6,01d G--tiLr Director of Public Works Attachment: Contract Agreement Attachments "A", "B", and "C" James DeStefano Assistant City Manager a a n w ATTACIRIM "B" Bid Form A Intersections 1. Brea Canyon Rd @ Golden Springs Dr 2. Brea Canyon Rd @ Lycoming 3. Brea Canyon Rd @ Washington 4. 1440 Bridgegate 5. Chino Hills Parkway @ Chino Ave 6. Diamond Bar Blvd @ Brea Canyon Rd 7. Diamond Bar Blvd @ Gentle Springs/Palomino 8. Diamond Bar Blvd @ Golden Springs Dr 9. Diamond Bar Blvd @ Grand Ave 10. Diamond Bar Blvd @ Highland Valley 11. Diamond Bar Blvd @ Kiowa Crest Dr 12. Diamond Bar Blvd @ Montefino 13. Diamond Bar Blvd @ Pathfinder Rd 14. Diamond Bar Blvd @ Quail Summit 15. Diamond Bar Blvd @ Silver Hawk 16. Diamond Bar Blvd @ Temple Ave/Mission Blvd, (no logo on Mission) 17. Gateway Center @ Valley Vista 18. Golden Springs Dr @ Adel 19. Golden Springs Dr @ Calbourne 20. Golden Springs Dr @ Copley 21. Golden Springs Dr @ Gateway Center 22. Golden Springs Dr @ High Knob 23. Golden Springs Dr @ Lemon Ave 24. Golden Springs Dr @ Eastbound 60 fwy. 25. Golden Springs Dr @ Sunset Crossing 26. Golden Springs Dr @ Temple Ave/Avenida Rancheros/ Rancho Novato (no logo on Rancho Novato) 27. Grand Ave @ Diamond Bar Center 28, Grand Ave @ Longview 29. Grand Ave @ Montefino 30. Grand Ave @ Rolling Knoll 31, Grand Ave @ Summitridge 32. Lemon Ave @ Lycoming 33. Pathfinder Rd @ Brea Canyon Rd(west side of fwy) 34. Pathfinder Rd @ Brea Canyon Rd/Fernhollow (by school) 35. Pathfinder Rd @ Evergreen Springs Dr ATTACHMNT "C" Alternate Bid Form B Intersections 1, Brea Canyon Rd. @ Diamond Crest Lane 2. Brea Canyon Rd. @ Glenbrook Drive 3. Brea Canyon Cut-off @ Fallowfield Drive 4. Brea Canyon Cut-off @ Oak Crest Drive 5. Diamond Bar Blvd. @ Clear Creek Canyon Road 6. Diamond Bar Blvd. @ Fountain Springs Road 7. Diamond Bar Blvd. @ Gold Rush Drive 8. Diamond Bar Blvd. @ Shadow Canyon Drive 9. Diamond Bar Blvd. @ Sugar Pine Drive 10. Diamond Bar Blvd. @ Tin Drive/Crestview Drive 11. Golden Springs Dr. @ Ballena Drive 12. Golden Springs Dr. @ Carpio Drive 13. Golden Springs Dr. @ Golden Prados Drive 14. Golden Springs Dr. @ Prospectors Road 15. Golden Springs Dr, @ Rapidview Drive 16. Golden Springs Dr. @ Sylvan Glen Road AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between Pouk & Steinle, Inc. hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in the notice; and WHEREAS, City did accept the bid of CONTRACTOR Pouk & Steinle, Inc. and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Illuminated Street Name Signs At Signalized Intersections in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Illuminated Street Name Signs At Signalized Intersections in the City of Diamond Bar. The work to be performed in accordance with the Contract Documents and Specifications, dated May 16, 2005 (The Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Contract Document and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Contract Documents and Specifications, and CONTRACTOR'S Proposal dated, June 15, 2005 together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within Ninety (90) working days from the date of the notice to proceed. The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred L$jQ0.001 dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 2 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein; 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub - CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY:The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work, or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. C. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735, 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated June 15 2005 . 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 06/16/2005 14:27 FAX 9007880686 PDUK & STEINLE INC IM 002 Jun 18 05 1.1=32a City of Diamond Bar 909-396-74Q6 p.V IN WI -(-NESS 1 JHEREOF, the parties hereto have executed this Agreement with all the f0rn1.911tiPS required by aw on the respective dates set forth opposite their signatures. State of Calsfornia "CONTRACTOR'S" Lie me No, 576274 A C-10 Pauk & Stainle, Inc. 520 Rubidoux Blvd_ Ri rsid CA 92519-30 Dale(r l° J ._ BY: TITLE CITY OF DIAMOND BAR, CALIFORNIA Sy.-- --- WEN CH,ANG, MAYOR Date -- ATTEST; fay LINDA C. LOWRY. CITY CLERK Date CONTRACTOP.'S Rmi ,ess Phone � (951) 682-2982 Emergency Phone at vhich CONTRACTOft can be reached at any tirne f -7�� g APPROVED AS TO FC RMS CITY ATTOR�JEY Date 6 CITY COUNCIL Agenda # 6.2 2 Meeting Date: June 21 2005 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: AUTHORIZATION TO TRANSFER F DS FROM THE FY 2004- 2005 PUBLIC WORKS OPERATING BUDGET TO THE VEHICLE EQUIPMENT REPLACEMENT FUND FOR PURCHASE OF A PUBLIC WORKS TRUCK IN NEXT FISCAL YEAR RECOMMENDATION: Authorize. FINANCIAL IMPACT: Thirty-two thousand one hundred dollars ($32,100.00) in available funds in the FY 2004- 2005 Public Works Operating budget will be transferred to the Vehicle Replacement Fund. The funds will be carried over to the FY 2005-2006 budget for the purchase of a Ford F-350 truck. BACKGROUND/DISCUSSION: The proposed FY 2005-06 Vehicle Replacement Fund includes two (2) trucks for the Community Services Department and one (1) truck for the Public Works Department. Since Public works will have savings in their operations this year and will benefit from the proposed purchase of one vehicle next year, it seems prudent to transfer the savings into the Vehicle Replacement Fund to make the funds available. The Public Works Department will work in conjunction with the Community Services Department to purchase the vehicles. PREPARED BY: Sharon Gomez, Senior Management Analyst REVIEWED BY: Da ' G. iu, Director of Public Works James DeStefano, Assistant City Manager Agenda # 6.2 3 __ Meeting Date: June 21, 2004 CITY COUNCIL AGENDA REPORT t9gQ/ TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage0,�j�__ TITLE: Authorize City Manager to enter into a five (5) year contract with Microsoft through their reseller CompuCom, for the purchase of computer licensing at a total contract cost of $56,645.82. Recommendation: City Staff recommends the City Council authorize the City Manager to enter in the contract to purchase computer licensing from Microsoft, through CompuCom. The total contract amount exceeds the City Manager's spending authority, and requires council to authorize this contract. Budget/Financial Impact: By entering into this contact we are able to spread the cost over the life of the product and avoid large budget spikes, additionally the City would receive a 25% discount when compared to purchasing five "one year" contracts. There are sufficient funds in the proposed Fiscal Year 06107 budget for the first year payment on this contract, and there would be additional equal amounts of $11,329,16 submitted in the proposed budgets in each of the additional four (4) years to cover this contract cost. Discussion: Currently the City maintains 16 Microsoft Windows Servers, which are provided data by Microsoft SQL Server Databases and our e-mail is on a Microsoft Exchange Server. The City has made a significant commitment to provide service to the residents through e - government applications and via highly automated back -end and front counter operations. *All of these services run on Microsoft Operating Systems and all of these services require both server and client side access licenses and in some cases Database and/or Terminal Services access license to be in compliance with Microsoft licensing requirements. For the foreseeable future it is unlikely that the City would make a significant change to this architecture and our reliance on Microsoft products. By committing to Microsoft for a 5 year term we get a 25% discount on our license cost over this period of time. Additionally, the City receives all version upgrades to all owned software for the life of the agreement at no additional cost, further preventing any unexpected spikes in on-going operational costs, or claims of non-compliance. This type of agreement is called a Microsoft Enterprise Agreement and is only available through a handful of resellers called Large Account Resellers (LARs). However Microsoft controls the price, through a State of California negotiated contract, and the LARs act as handlers of the paperwork and Rs. One are compensated directlyof he contract The othecrosoft. We r�did not submittacted three Aa completeAb chose respond to our follow- up te due to the small size low - up requests. CompuCom has provided complete and timely bids, has provided both pre -sales customer service and customer education, and is the vendor recommended by Staff. it is recommended that the City Council authorize these expenditures since the total purchase will exceed the City Manager's spending authority. PREPARED BY: Ken Desforges, Director Information Systems 2 REVIEWED BY: Dave DRe, istant City Manager Study Session No. 2 CITY OF DIAMOND BAR MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager 4�� FROM: James DeStefano, Assistant City Manager DATE: June 16, 2005 SUBJECT: Consideration of "In House" Building and Safety Services PROPOSAL With the goal to provide consistent quality customer service along with increased delivery of services to residents and the business community, it is recommended that the City Council approve the proposed FY 2005-2006 Budget Decision Package to bring the core functions of the Building and Safety Division "in-house" effective January 1, 2006. With approval, the City will realize increased revenue of approximately $105,816.00 in the first complete year of services. BACKGROUND Since 1994, D&J Engineering has provided plan check and inspection services for an average annual charge of $559,214.00, which is 60 percent of all construction plan check and permit issuance fees collected by the City. Financial information for the analysis is provided in the first memo presented to Council at the June 7, 2005 Study Session (attached). While D&J has provided superb service to the City's customers, consulting services may not always provide the best value for the cost nor provide a constant, consistent service to the customer. The average annual expense to D&J Engineering for building and safety services is over $550,000.00. For that amount, the City has had a part-time Building Official, part-time plan checker, full-time inspector, full-time permit technician, and a part-time clerical worker. The inconsistent coverage has not always been in the best interest of the City's customers. Moreover, the turn -over of some of the consultant's staff creates a continuous learning curve and possible gaps in efficient service to the customer. City staff has examined existing service levels, researched the operation of Building Departments in ten area cities and prepared a decision package recommending a modification of services provided by the current consultant and employing City personnel to operate the Building and Safety Division while utilizing the services of D&J Engineering on an as -needed basis. DISCUSSION Annual Average Cost For Contract Service In the first memo presented on June 7t', the Council was given a review of the annual revenues and expenditures (costs paid to the consultant) for the past seven (7) fiscal years (July 1997 to June 2004). The basic cost for consultant services is 60% of revenue plus additional charges for work performed for specific City projects. The average annual revenue and expenditure for the previous seven year period is: Revenue Expenditure for all services Cost For Proposed In-house Service Annual revenue Annual total cost $854,637.76 $559,213.51 $854,637.76 $453,398.00 (first complete year of service) The above cost for proposed in-house service is based on the following calculations: *Total personnel cost $288,398.00 Supplies and operating expenditures $ 15,000.00 Consultant Services (Estimated as -needed contract services to be provided by D&J Engineering) $150,000.00 Estimated annual cost for In-house program $453,398.00 The annual total in-house cost is calculated by using the FY 2005-06 payroll figures using the highest step (G) for each position plus benefits and payroll taxes. * City Employees: Full Time Building Official $119,827.00 Inspector $ 75,296.00 Permit Technician $ 66,200.00 Part Time Office Assistant 27,075-00 Total annual personnel cost estimated at $288,398.00 2 Estimated Savings With In-house Program The following savings is estimated for the first complete year of service of the in- house program: Current Average Consultant Costs $559,214.00 Less Estimated annual cost for In-house program $453.398.00 Estimated savings with In-house program $105,816.00 Building Activity Forecast: At the June 7, 2005 Study Session, Council requested staff to forecast the future building activity for a 10 -year period providing revenue and expenditures based on using a consultant for the building services versus in-house staffing. For these purposes, cost of living adjustments have not been factored into either type of service. The forecast is also based on current valuation figures with no adjustments made for possible increases/decreases in the building market. An average of the last three (3) fiscal year revenue amounts (July 2002 — June 2005) was calculated ($663,000) and added to the annual building fees projection to cover the routine types of building permit fees (i.e. re -roofing projects, retaining walls, patio/patio covers, single-family home remodels, commercial remodels, etc.) Based on the activity outlined in the June 7" memo, the following information will give a fairly basic overview of what is to be expected of Diamond Bar's future building activities: FY 2005-2006 130,000 square foot Target Department store, 60 Brookfield homes, 52,000 square foot Banning Way office building, Country Hills Towne Center remodel and expansion, Von's remodel. Estimated Building valuation $26,772,000 Estimated FY revenue $ 961,896 Est. D&J Expenditure (60% of Revenue) $577,137 Est. In -House Expenditure $453,398 Estimated Savings with In-house program $123.739 FY 2006-2007 12,000 square foot restaurant/ retail development at the Target center, 60 Brookfield homes, Redevelopment of Kmart Center. 50 JCC Southpointe homes, 10 Cheung homes, 25,000 square foot Dr. Omar office building, 50,000 square foot Kaiser office building No.1, 45,000 square foot Country Hills medical office building. 3 Estimated Building valuation $58,152,000 Estimated FY revenue $ 1,289,593 Est. D&J Expenditure (60% of Revenue) $773,755 ** Est. In -House Exp. (with 25% D&J services) $625,796 Estimated Savings with In-house program $147,959 * Annual personnel cost $288,398 Supplies and operating expenditures $ 15.000 Total In -House Expenditures $303,398 D&J costs (25% of revenue) $3Z2,398 Est. in -House Expenditure $625,796 This calculation will also be used in the following projections. FY 2007-2008 60 Brookfield homes, 50 JCC Southpointe homes, 50 Site D homes, 20 Crooked Creek homes, 15 Cheung homes, 50,000 square foot Site D commercial center, , 115 room hotel at Walnut Valley Trailer Park, redevelopment of Honda site. Aera Energy Project begins (3,000 homes - 15 year project; and 200 homes per year), YMCA property residential development or industrial project. Estimated Building valuation $ 142,316,000 Estimated FY revenue $ 2,930,217 Est. DU Expenditure (60% of Revenue) $1,758,130 ** Est. In -House Exp. (with 25% D&J services) $1,035,953 Estimated Savings with In-house program $ 722,177 FY 2008-2009 Aera Energy Project (200 homes/year), 50 Site D homes, 15 Cheung homes, 50,000 square foot commercial center (200 homes per year), 50,000 square foot Kaiser office building No.2, 25,000 square foot retail / restaurants at Walnut Valley Trailer Park, 75,000 square foot Calvary Chapel church, office and retail project, Calvary Chapel parking structure. Estimated Building valuation $ 98,804,500 Estimated FY revenue $ 1,772,751 Est. D&J Expenditure (60% of Revenue) $1,063,651 ** Est. In -House Exp. (with 25% D&J services) $ 746,586 Estimated Savings with In-house program $ 317,065 M FY 2009-2010 Aera Energy Project (200 homes/year), 15 Cheung homes, Golf Course Project phase 1, 100 condominiums along Diamond Bar Boulevard, 50 condominiums on Margaret Tam property, Little League residential development. Estimated Building valuation $ 87,768,000 Estimated FY revenue $ 2,172,530 Est, D&J Expenditure (60% of Revenue) $1,303,518 ** Est. In -House Exp. (with 25% D&J services) $ 846,531 Estimated Savings with In-house program $ 456,987 FY 2010 and Beyond Aera Energy Project (200 homes/year), Golf Course Project, phase 2, Tres Hermanos development (750 homes: 200 homes/year). Estimated Building valuation $ 154,730,000 Estimated FY revenue $ 2,479,413 Est. D&J Expenditure (60% of Revenue) $1,487,648 Est. In -House Exp. (with 25% D&J services) $ 923,251 Estimated Savings with In-house program $ 564,397 CONCLUSION In addition to the estimated annual cost savings demonstrated in the Discussion, the City has an opportunity to maximize the ability to offer fast, efficient, and stable building services to the residents and community. As the City service model matures, so should the building services we offer. A business decision to bring services in-house has been made in the past for many of the City's departments (City Planning, Engineering, Recreation, building/grounds maintenance, solid waste/recycling, and Information Systems). These business decisions were made to better manage the City's resources and at the same time increase delivery of services to residents and the business community. During these times when the State tends to dip into the pockets of the municipalities, a business decision is necessary to move forward with a building department that will take us further into a busy and productive future. Staff recommends that the City Council approve the proposed in-house program effective January 1, 2006. Attachment CITY OF DIAMOND BAR MEMORANDUM TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager FROM: James DeStefano, Assistant City Manager DATE: June 2, 2005 SUBJECT: Consideration of "In House" Building and Safety Services PROPOSAL To improve customer service, increase delivery of services to residents and the business community, increase revenue to the City in the mount of $119, 345.00 and to provide consistent quality of service by reducing the daily operational reliance of consultant services it is recommended that the City Council approve the proposed FY 2005-2006 Budget Decision Package to bring the core functions of the Building and Safety Division "in-house" effective January 1, 2006. BACKGROUND The City's business model of maximizing public benefit by contracting selected services has been extremely successful. The range of contracted services varies from direct labor to professional services either total departments, policing or layers of functions. The contracting practice has permitted the City to grow an excellent core of managers. As the city's managerial assets and institutional knowledge have been brought in-house in each case, a "business" decision was made to enhance quality and direct control while continuing to manage the City well within its annual resources. Examples of this practice have included City Planning, Engineering, specific streets, grounds and building maintenance functions and parks and recreation, but more recent examples include recycling responsibilities and information systems. The larger service contracts have had adjustments made to reduce reliance on contracted managerial services due to the increased managerial and technical capacity of City staff. The City Building and Safety Division is responsible for ensuring that all proposed development is properly designed and constructed in compliance with building codes. Building inspectors monitor every construction project to ensure compliance with the approved development plans. Since incorporation the City has used private consultant services to provide building services for the community. in 1994 the City selected DW Engineering to provide building and safety services. Over the past 16 years Diamond Bar has matured as a city government and should consider absorbing Building and Safety services into the organization the same manner that services such as recreation and Information Systems have become a part of the successful City service model. The average annual expense to D&J Engineering for building and safety services is over $550,000.00. City staff has examined existing service levels, researched the operation of Building Departments in ten area cities and prepared this "decision package" recommending a modification of services purchased by the current consultant and employing City personnel to operate the Building and Safety Division. Since 1994, DW Engineering has provided plan check and inspection services for a charge of 60 percent of all construction plan check and permit issuance fees collected by the City. Financial information for this analysis has been collected from the Finance Department's Pentimation data base which was established in 1997. Development activity has peaks and valleys based on the economy, market conditions and the availability of land. In the late 1990's several office buildings were constructed in the Gateway Corporate Center and several hundred new homes were under construction. After a lean year or two, construction again peaked with the SunCal 1 Pulte homes and JCC residential developments. Over the next few years the City will see an increase in construction projects that will exceed the previous years of high activity. DISCUSSION Since FY 1997-1998 approximately 2,100 construction permits per year have been issued for a variety of development projects. Over this time period the average annual revenue generated from building services has been $854,637.76. The average annual expenditure to D&J for their services provided to the City is $559,213.51. For this same time period building valuation has ranged from $26,268.250 (FY 03-04 to $78,380,890 in FY 98-99). The following provides an overview of building and safety activity since 1997. FY1997-1998 Permits issued Building valuation FY revenue FY expenditure Total cost for all D&J services (D&J provides "basic services" construction inspection. Additional 1,874 $44,381,000.00 $548,163.77 $336,800.35 (not available) uch as plan check, permit issuance and services are provided on an as -needed basis 2 and include preliminary review of development projects, inspection services for City parks projects, code enforcement, etc.) FY1998-1999 Permits issued 2,303 Building valuation $78,380,890.00 FY revenue $1,252,026.54 FY expenditure $747,373.88 Total cost for all services $762,868.88 FY1999-2000 Permits issued 1,983 Building valuation $38,212,250.00 FY revenue $743,349.01 FY expenditure $447,949.90 Total cost for all services $465,535.60 FY2000-2001 Permits issued 2,151 Building valuation $66,686,516.00 FY revenue $1,130,054.23 FY expenditure $671,628.40 Total cost for all services $687,547.56 FY2001-2002 Permits issued 2,088 Building valuation $63,931,791.00 FY revenue $960,198.98 FY expenditure $573,676.77 Total cost for all services $600,826.68 FY2002-2003 Permits issued 2,233 Building valuation $29,006,732.00 FY revenue $699,006.53 FY expenditure $419,931.58 Total cost for all services $439,003.91 FY2003-2004 Permits issued 2,105 Building valuation $26,268,250.00 FY revenue $649,665.27 FY expenditure $389,617.92 Total cost for all services $399,498.42 FY2004-2005 (thru April 2005 - Permits issued Building valuation FY revenue FY expenditure Total cost for all services 10 months only) 1,591 $25,291,490.00 $601,481.21 $332,852.43 $405,258.87 (thru May 2005) The average annual FY revenue and expenditure for each full year of service from July 1997 thru June 2004 is as follows: Revenue $854,637.76 Expenditure for basic services $512,425.54 Expenditure for all services $559,213.51 Annual average costs for contract service Annual revenue Annual basic cost (60%) Additional consultant services cost Annual total cost Contract staffprovided: — $854,637.76 $512,425.54 $46,787.97 per year $559,213.51 Full Time Inspector Permit Technician Part Time Building Official Office Assistant Additional resources are provided on an as -needed basis. Permit issuance and inspection services are equal to approximately 60% of annual basic cost or $307,458.32. Plan check services, provided by D&J, are equal to approximately 40% of the annual basic cost or $204,970.22 Cost for proposed in-house service Annual revenue $854,637.76 Annual basic cost $439,868.00 (first complete year of service) Annual total cost $439,868.00 (first complete year of service) City Employees: Full Time Building Official (Est. Personnel cost) $115,343.00 Inspector $69,525.00 Permit Technician $65,000.00 Part Time Office Assistant $25,000.00 4 Total personnel cost estimated at $274,868.00 Supplies and operating expenditures $15,000.00 (BO car allowance, Nextel phones, training, education, etc.) Consultant Services (Plan Check services to be provided by Building Official (25%) As -needed contract services to be provided by D&J Engineering) Est. $150,000.00 Additional services provided by City Employees at no additional cost. 0 Estimated annual cost for In-house program $439,868.00 Estimated savings with in-house program $119,345.00 The Full Time City Building Official will provide a minimum of 2,000 hours of service per year to the City. The Building Official will provide overall management of the Division on a daily basis, perform plan check services and provide professional technical services to internal and external "over the counter" on a daily basis. Additional Plan Check and Inspection services (i.e. a resident inspector) will be provided by D&J Engineering and offset by developer fees. It should be noted that the first year of operation will require the purchase of two City vehicles for use by the Building Inspectors (2 at $25,000.00) and the purchase of Code books and related materials ($5,000.00). The use of "in- house" staff will afford residents additional services with full time staff at a reduced cost. Building Activity Forecast: The City Council requested a forecast of development projects under construction over the next several years in order to identify the level of activity, potential building and safety service resource requirements and revenue to the City. The following list of development projects and construction activity has been created for general information to the Council. The project list has incorporated several assumptions and projection of development projects in addition to the historical trends and typical building and safety permit activity over numerous years. FY 2005-2006 130,000 square foot Target Department store, 60 Brookfield homes, 52,000 square foot Banning Way office building, Country Hills Towne Center remodel and expansion, Von's remodel FY 2006-2007 12,000 square foot restaurant/ retail development at the Target center, 60 Brookfield homes, Redevelopment of Kmart Center. 50 JCC Southpointe homes, 10 Cheung homes, 25,000 square foot Dr. Omar office building, 50,000 square foot Kaiser office building No.1, 45,000 square foot Country Hills medical office building. FY 2007-2008 60 Brookfield homes, 50 JCC Southpointe homes, 50 Site D homes, 20 Crooked Creek homes, 15 Cheung homes, 50,000 square foot Site D commercial center, , 115 room hotel at Walnut Valley Trailer Park, redevelopment of Honda site. Aera energy project begins (3,500 homes - 15 year project), YMCA property residential development or industrial project. FY 2008-2009 Aera Energy project, 50 Site D homes, 15 Cheung homes, 50,000 square foot commercial center, 50,000 square foot Kaiser office building No.2, 25,000 square foot retail / restaurants at Walnut Valley Trailer Park, 75,000 square foot Calvary Chapel church, office and retail project, Calvary Chapel parking structure. FY 2009-2010 Aera Energy Project, 15 Cheung homes, Golf Course project phase 1, 100 condominiums along Diamond Bar Boulevard, 50 condominiums on Margaret Tam property, Little League residential development. 2010 and be and Aera Energy Project, Golf course property, Tres Hermanos development. CONCLUSION The City has utilized contract services for building and safety since incorporation. D&J Engineering has provided service to the City since 1994. A review of the current program has resulted in an opportunity to establish a new business model that will reduce City costs for the program, attract and retain dedicated fulltime City employees for key positions, eliminate the high consultant staff turnover and the resulting loss of continuity and historical knowledge. The City has the opportunity to expand the building and safety program in a cost effective manner resulting in more efficient and cost effective service to residents and business and increase revenue to the City. Staff recommends that the City Council approve the proposed in-house program effective January 1, 2006. 0 Agenda # -6--2 4..x.1 , (b 1 , (c ) Meeting Date: June 21, 2005 CITY COUNCIL M AGENDA REPORT TO: Honorable Mayor and Members of the City Council �J VIA: Linda C. Lowry, City ManagerCt,►�f,�{ TITLE: ADOPTION OF RESOLUTIONS PERTAINING TO GENERAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 1, 2005. SUMMARY: Pursuant to the California Elections Code, the City Council must adopt resolutions calling and giving notice of the holding of an election and requesting the Board of Supervisors to consolidate the City's election with School Elections on November 1, 2005. In addition, the City Council must adopt regulations pertaining to the filing of candidates' statements. RECOMMENDATION: It is recommended that the City Council adopt the following Resolutions: 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 1, 2005, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 1, 2005, WITH THE SCHOOL ELECTIONS TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE. 3, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 1, 2005. FINANCIAL SUMMARY: City Clerk staff has estimated that total costs for the election will be approximately $50,000 and this amount has been included in the Fiscal Year 2005-06 budget. DISCUSSION: With the adoption of these resolutions, the City Council will approve conducting an election in November 2005 for the selection of three (3) City Council members. The City Council seats for the election are currently held by Mayor Wen Chang, Mayor Pro Tem Debby O'Connor, and City Councilmember Bob Zirbes. There are no term limits in Diamond Bar so all current Council members can run for re-election if they so desire. PREPARED BY: Pf ) David Doyle, D ut Ci Manager Attachments: RESOLUTION NO. 2005 -XX CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION; 2. RESOLUTION NO. 2005 -XX REQUESTING THE BOARD OF SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION WITH SCHOOL ELECTIONS; 3. RESOLUTION NO. 2005 -XX ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE. RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 1, 2005, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. WHEREAS, under the provisions of the laws relating to general law cities in the State of California, a General Municipal Election shall be held on November 1, 2005, for the election of Municipal Officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the requirements of the laws of the State of California relating to General Law Cities, there is called and ordered to be held in the City of Diamond Bar, California, on Tuesday, November 1, 2005, a General Municipal Election for the purpose of electing three (3) Members of the City Council for the full term of four years. SECTION 2. The ballots to be used at the election shall be in form and content as required by law. SECTION 3. The City Clerk or his or her designee is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. The polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in §14401 of the Elections Code of the State of California. SECTION 5. In all particulars not recited in this Resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED ON June 21, 2005. Wen Chang, Mayor ATTEST: Linda Lowry, City Clerk I, LINDA LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 215' day of June, 2005 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Linda Lowry, City Clerk of the City of Diamond Bar RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 1, 2005, WITH THE SCHOOL ELECTIONS TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE. WHEREAS, the City Council of the City of Diamond Bar called a General Municipal Election to be held on November 1, 2005, for the purpose of the election of three Members of the City Council; WHEREAS, it is desirable that the General Municipal Election be consolidated with the School elections to be held on the same date and that within the city the precincts, polling places and election officers of the two elections be the same, and that the county election department of the County of Los Angeles canvass the returns of the General Municipal Election and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. Pursuant to the requirements of §10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of a General Municipal Election with the School elections on Tuesday, November 1, 2005, for the purpose of the election of three Members of the City Council. SECTION 2. The county election department is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. The Board of Supervisors is requested to issue instructions to the county election department to take any and all steps necessary for the holding of the consolidated election. SECTION 4. The City of Diamond Bar recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 5. The City Clerk is hereby directed to file a certified copy of this resolution with the Board of Supervisors and the county election department of the County of Los Angeles. SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON June 21, 2005. ATTEST: Wen Chang, Mayor Linda Lowry, City Clerk I, LINDA LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 21" day of June, 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Linda Lowry, City Clerk of the City of Diamond Bar RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 1 2005. WHEREAS, §13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates statement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. General Provisions. Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of Diamond Bar on November 1, 2005, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the next working day after the close of the nomination period. Section 2. Foreign Language Policy. A. Candidates' statements, pursuant to State law, may be translated and printed in Spanish and included in the Sample Ballot and Voter Information Pamphlet, if requested and paid for by the candidate. B. Pursuant to the Voting Rights Act of 1965, as amended, and consistent with the practices of the Los Angeles County Registrar/Recorder, if a qualifying minority language equals 3 percent or more of voting age residents the County will translate and post a facsimile of an official sample ballot in the qualified language in the affected polling place and mail minority language Ballot Information Booklets to voters requesting such material Section 3. Payment. A. The candidate shall be required to pay for the cost of printing the candidate's statement in the Sample Ballot and Voter Information Pamphlet. If the candidate requests inclusion of a Spanish translation of his or her statement in the Sample Ballot and Voter Information Pamphlet, those costs will be borne by the candidate. B. The candidate shall not be required to pay for the cost of translating the candidate statement into any foreign language as specified in Section 2B above. C. The City Clerk shall estimate the total cost of printing, handling, translating and mailing candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965, as amended, and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro rata share as a condition of having his or her statement included in the Sample Ballot and Voter Information Pamphlet. The estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk shall require the candidate to pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 4. Additional Materials. No candidate will be permitted to include additional materials in the sample ballot package. Section 5. The City Clerk shall provide each candidate or the candidate's representative a copy of this resolution at the time nomination papers are issued. Section 6. All previous resolutions establishing Council policy on payment for candidates' statements are repealed. Section 7. This resolution shall apply only to the election to be held on November 1, 2005, and shall then be repealed. Section 8. The City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON June 21, 2005, Wen Chang, Mayor I, Linda Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 21St day of June, 2005 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Linda Lowry, City Clerk Agenda # 6. 25 a Meeting Date: June 21, 2005 `CITY COUNCIL AGENDA REPORT i TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager✓Jpw TITLE: Approval and adoption of the FY05-06 City of Diamond Bar Proposed Municipal Budget RECOMMENDATION: Adopt Resolution 05 -XX — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 2005 AND ENDING JUNE 30, 2006, INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH" and amending the City Manager Proposed FY05-06 Budget as directed by City Council in this public meeting. FINANCIAL IMPACT: The document as submitted reflects General Fund Estimated Resources of $17,653,775 with anticipated appropriations of $16,975,260. This results in an increase of $678,515 to the General Fund reserves from annual operations. In addition to the annual appropriations, the proposed budget reflects a transfer of $1,250,400 in General Fund reserves to the Capital Improvement Projects Fund to assist in the construction of several capital improvement projects. The General Fund Budget also shows a use of $546,515 for Economic Development purposes which will be funded with reserves. If approved, the FY05-06 Municipal Budget anticipates an ending General Fund fund balance of $18,676,453 based on projected revenues and expenditures. The proposed budget also includes a Capital Improvement program that amounts to $8,614,476. Also Included are spending plans for the various Special Revenue Funds and Internal Service Funds. BACKGROUND: Each year the City Manager prepares and submits a preliminary municipal budget for review and adoption. This year the proposed budget and various decision packages were presented to the City Council at two study sessions during the months of May and June 2005. Page 2 — FY05-06 Budget Report DISCUSSION: The attached budget document presents an operating plan that permits the City to live within a reasonable estimate of revenues while continuing to provide community programs and services to the residents of the City of Diamond Bar, including making planned improvements to infrastructure and facilities. Items of Note Included in the Budget: Personnel Changes: Cost of Living Adjustment (COLA) — a 4.0 percent COLA has been applied. This is based on the CPI as provided through the U.S. Department of Labor and California Department of Finance for the twelve months ending in March 2005. Benefit Allotment — Due to the increasing cost of PERS health care insurance costs, the cafeteria benefit has been increased by $25 and now stands at $820/month for non-exempt and $850/month for exempt employees and City Council. Retirement Contributions — Next year's retirement contribution made by the City on behalf of staff and City Council has increased from 15.061 % in FY05 to 18.148% for FY06 or 3.087%. This is due to revised actuarial estimates and reduced investment return on the investments held by CalPERS. This increase has been incorporated in the proposed FY06 Budget document. Personnel Changes — The proposed budget includes changes in three existing positions. One of the Parks and Maintenance Supervisors has been changed to a Parks and Maintenance Superintendent. The Recreation Supervisor 11 has been changed to a Recreation Superintendent. One Senior Management Assistant position has been changed to Human Resources Manager. New positions included in the proposed budget are Junior Engineer and Desktop Support Technician. As a result of these two positions, two intern positions have been eliminated. There are also new positions to staff an in-house Building and Safety Division for six months. The full time positions proposed for this endeavor are Building Official, Building inspector, and Permit Technician. There is one part time Office Assistant proposed as well. With the concurrence of the City Council, the current proposed budget includes a 4% COLA increase in the City Manager's compensation. In addition to the COLA, the City Council has approved an additional two percent increase for the City Manager and the Assistant City Managers. Decision Packages: At the June 7, 2005 Budget Study Session, the City Council discussed a total of twenty one decision packages, fourteen of which were marked as a priority. These priority decision packages amounting to $314,480 have been included in the proposed budget. Page 3 — FY05-06 Budget Report Other items of note: Since the last study session, there were a few items which required change. The LLAD budgets had to be revised to include corrected contract service amounts. In addition the beginning reserve amounts in the LLAD 38 and LLAD 41 Funds had to be reduced due to FY04-05 anticipated capital improvement expenditures being higher than originally estimated. Since the reserves are tight in those budgets other expenditure line items had to be changed. This includes the reduction in the budgeted transfer to the Capital Improvement Fund for the planned improvements to the City Entry point on the southeast corner of Diamond Bar Blvd. at Temple Ave. This was originally budgeted at $128,000 and it has been reduced to $80,400. The funding for Lorbeer Ball Field improvements has also been changed slightly although the over all estimated cost of the improvements has not changed. PREPARED BY: Linda G. Magnuson REVIEWED BY: Depart a Head Attachments: Resolution 405 -XX FY 05-06 Personnel Summary Fiscal Year 2005-2006 Annual Budget (proposed) N�) A&s4aKLOty manager City Of Diamond Bar Personnel Summary Fiscal Year 2005-06 Position Executive Management City Manager Assistant City Manager City Clerk Community Services Director Finance Director Information Systems Director Public Works Director Full Time Exempt Accountant II Assistant Engineer Associate Planner Building Official Development Services Associate Executive Assistant Human Resources Manager Management Analyst Network/GIS Engineer Parks & Maint. Superintendent Parks & Maint. Supervisor Planning Manager Public Information Coordinator Public Information Manager Public Works Supervisor Recreation Superintendent Recreation Supervisor Recreation Supervisor II Senior Accountant Senior Engineer Senior Management Analyst FULL TIME 2004-2005 2005-2006 Approved Actual Proposed Approved 1 1 1 0 2 2 2 0 1 0 0 0 1 1 1 0 1 1 1 0 0.5 0.5 1 0 1 1 1 0 7.5 6.5 7 0 1 0.25 0 0 1 1 1 0 1 1 1 0 0 0 0.5 0 1 1 1 0 2 2 1 0 0 0 1 0 1 1 1 0 0.25 0.25 1 0 0 0 1 0 2 2 1 0 1 1 1 0 1 1 0 0 1 1 1 0 1 1 1 0 0 0 1 0 1 1 1 0 1 1 0 0 0.75 0.75 1 0 1 1 1 0 4 4 2 0 21 20.25 18.5 0 City Of Diamond Bar Personnel Summary Fiscal Year 2005-06 FULL TIME 2004-2005 2005-2006 Position Approved Actual Proposed Approved Full Time Non -Exempt Accounting Technician 0.5 0.5 1 0 Administrative Assistant 3 2.25 3 0 Building Inspector 0 0 0.5 0 Community Services Coordinator 2.25 2.25 3 0 Desktop Support Technician 0 0 1 0 Junior Engineer 0 0 1 0 MIS Technician 1 1 0 0 Neighborhood Improvement Officer 2 2 2 0 Office Assistant 3 3 1 0 Office Assistant II 1 1 1 0 Parks Maintenance Insp./Technician 0.25 0.25 1 0 Parks Maintenance Worker II 1 1 0 0 Permit Technician 0 0 0.5 0 Public Information Coordinator 0 0 1 0 Recreation Specialist 1 1 2 0 Senior Account Clerk 2 2 1 0 Senior Administrative Assistant 0.75 0.75 2 0 Street Maintenance Worker II 0.25 0 1 0 18 17 22 0 Total Full Time 46.5 43.75 47.5 0 Position City Of Diamond Bar Personnel Summary Fiscal Year 2005-06 BENEFITED PART TIME 2004-2005 2005-2006 Approved Actual Proposed Approved Com Services Leader I- 20 hr/wk 1 1 1 0 Com Services Leader I- 30 hr/wk 1 1 0 0 Com Services Leader II - 30 hr/wk 2 2 2 0 Neighborhood Improvement Officer 1 1 0 0 Office Assistant 0 0 0.5 0 5 5 3.5 0 NON -BENEFITED PART TIME Position Com Services Coordinator -Day Cam Com Services Leader I Com Services Leader II Com Services Worker Intern Parks Maintenance Helper Parks Maintenance Helper If Public Information Specialist 2004-2005 Approved Camp Actual 2 2 22 22 19 19 3 3 3 3 10 10 5 5 0.5 0.5 64.5 64.5 2005-2006 Proposed Approved 1 0 23 0 19 0 3 0 1.25 0 10 0 5 0 1 0 63.25 0 Total Part Time 69.5 69.5 66.75 0 A. Recitals RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 2005 AND ENDING JUNE 30, 2006 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. (i) The City Manager has heretofore prepared and presented to this City Council a proposed budget for the City's fiscal year 2005-2006, including staffing and position allocations, maintenance and operations, special funds and capital improvements, including appropriations therefor (referred to the "Budget" sometimes hereinafter). (ii) The Planning Commission of the City of Diamond Bar has heretofore publicly reviewed the proposed capital improvements specified in the Budget and has rendered to the City Council its report thereon concerning conformity of the capital improvement program with the City's contemplated general plan, all as required by California Government Code Section 65401. Copies of the Budget are on file in the office of the City Clerk labeled "City of Diamond Bar 2005-2006 Budget" and said Budget hereby is made a part of this Resolution. (iii) The City Council has conducted public meetings on the entirety of the fiscal year 2005-06 Budget and concluded said meetings prior to the adoption of this Resolution. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. In all respects, as set forth in the Recitals, Part A, of this Resolution. 2. The City Council hereby finds and determines that the capital improvement program set forth in the Budget, and each project identified therein, is categorically exempt from the requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines promulgated thereunder pursuant to Section 15301 of Division 6 of Title 14 of the California Code of Regulations. 3. The Budget, including the changes enumerated and directed to be made by the City Council during the course of the public meeting conducted by the City Council, hereby is adopted as the Budget of the City of Diamond Bar for the fiscal year commencing July 1, 2005 and ending June 30, 2006 and consisting of the estimated and anticipated expenditures and revenues for that fiscal year. 4. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown for the various departments, divisions and objects set forth in the Budget. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. 5. Subject to further provision of this Resolution, the appropriations made above constitute the maximum amount authorized for obligation and expenditure by the City Manager for respective departments, divisions and objects as set forth in the Budget. Each department head shall be responsible, as well as the City Manager, for seeing that said maximum amounts are not exceeded. 6. No warrant shall be issued nor shall any indebtedness be incurred which exceeds the unexpended balance of the fund and department appropriations herein above authorized unless such appropriations shall have been amended by a supplemental appropriation duly enacted by the City Council, or by individual appropriations within any aforesaid fund or department therein, except insofar as the City Manager may authorized transfers pursuant to this Resolution. 7. Within the various funds and departments contained in the Budget, the City Manager is authorized to employ, during the fiscal year covered by said Budget, the number and classification of such full time employees as are shown in the Budget all subject to the provisions of the City's classification and compensation plans as amended and adopted by the City Council. Part time and seasonal employees are authorized as necessary by the City Manager provided that the total to be obligated and expended within any fund and department set forth in the Budget, with respect to salaries and wages therefor, shall not exceed the budgeted and appropriated amount, as the same may be amended by the City Council, from time to time. 8. The City Manager hereby is authorized to transfer funds appropriated hereby or by supplemental appropriation as follows: With respect to those classifications designated by code 0000 series,1000 series, 2000 series, 4000 series, 5000 series and code 6000 series, the City Manager may transfer amounts between and within those classifications, but only within a fund. 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of , 2005. Wen Chang, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2005, by the following vote: TAVA*o Ed &14 IN I *IqA NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk of the City of Diamond Bar Agenda # 6.2 5 (b) Meeting Date: June 21, 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager 4!3 TITLE: Approve the 2005-2006 Fiscal Year Appropriations Limit using the growth factor of City population change over the prior year and the change in California per capita personal income as the annual adjustment growth factor. RECOMMENDATION: Approve the use of the growth factor of City population change over the prior year and the change in California per capita personal income as the annual adjustment growth factor for use in calculating the Fiscal Year 2005-2006 Appropriations Limit. Approve Resolution 2005 -XXX, which establishes the Fiscal Year 2005-2006 Appropriations Limit at $25,910,313. FINANCIAL IMPACT: Since the City's appropriations subject to the Gann Limit fall well below $25,910,313 there is no financial impact. BACKGROUND: Per City Policy, the Finance Department presents the Appropriations Limit for the City Council's review and approval. Pursuant to Article XIIIB of the California Constitution (known as the Gann Limit), the City must compute an annual appropriations limit. This appropriations limit will place a ceiling on the City's total amount of tax revenues and the total amount of appropriations. The appropriations limit can be calculated by the use of one of the following factors: • Based on the growth factor of County population change over the prior year and the change in the California per capita income over the prior year. • Based on the growth factor of City population change over the prior year and the change in the California per capita income over the prior year. Based on the growth factor of change in the City's non residential new construction valuation. DISCUSSION: The recommended factor to compute the appropriations limit is the growth factor of City population change over the prior year and the change in the California per capita income over the prior year. By using this factor the City will have an appropriation limit of $25,910,313. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: 6��e fi-, Departme'M Head Attachments: Appropriations Limit Worksheets Resolution Deputy City Manager CITY OF DIAMOND BAR APPROPRIATIONS LIMIT WORK SHEET 2005-2006 California Per Capita Income 5.26% % Change over Prior Year Population Change 0.74% % Change over Prior Year (City) Per Capita converted to a Ratio 1.0526 Population converted to a Ratio 1.0150 Calculation of Growth Factor 1.0684 (Growth Factor = Per Capita Ratio x Population Ratio) 2004-2005 Appropriations Limit $24,251,759 2005-2006 Appropriations Limit $25,910,313 (New Appropriations Limit = Prior Year Appropriations Limit x Growth Factor) 6/14/2005 2005-2006 CITY OF DIAMOND BAR APPROPRIATIONS LIMIT WORK SHEET 2005-2006 California Per Capita Income 5.26% % Change over Prior Year Population Change 1.18% % Change over Prior Year (County) Per Capita converted to a Ratio 1.0526 Population converted to a Ratio 1.0118 Calculation of Growth Factor 1.0650 (Growth Factor = Per Capita Ratio x Population Ratio) 2004-2005 Appropriations Limit $24,251,759 2005-2006 Appropriations Limit $25,828,625 (New Appropriations Limit = Prior Year Appropriations Limit x Growth Factor) 6/14/2005 2005-2006 CITY OF DIAMOND BAR APPROPRIATIONS LIMIT WORK SHEET 2005-2006 % Change Non Residential New Construction Nonresidential converted to a Ratio 2004-2005 Appropriations Limit 2005-2006 Appropriations Limit 1.04% 1.0104 $24,879,224 $25,137,968 (New Appropriations Limit = Prior Year Appropriations Limit x Growth Factor) 6/1412005 2005-2006 CITY OF DIAMOND BAR ANNUAL APPROPRIATIONS LIMIT EXHIBIT "A" 2005-2006 1989-90 Base Year 9,882,416 1990-91 Adjusted Base 10,785,669 1991-92 Adjusted Base 11,585,192 1992-93 Adjusted Base 11,762,247 1993-94 Adjusted Base 12,275,495 1994-95 Adjusted Base 13,169,824 1995-96 Adjusted Base 14,005,207 1996-97 Adjusted Base 14,729,615 1997-98 Adjusted Base 15,608,665 1998-99 Adjusted Base 16,482,389 1999-00 Adjusted Base 17,561,562 2000-01 Adjusted Base 18,772,045 2001-02 Adjusted Base 20,576,003 2002-03 Adjusted Base 22,364,058 2003-04 Adjusted Base 24,723,466 2004-05 Adjusted Base 24,879,224 2005-06 Adjusted Base 25,910,313 6/14/2005 2005-2006 RESOLUTION NO. 2005 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING THE PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FISCAL YEAR 2005-2006 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE WHERE, Article XII1 B of the Constitution of the State of California (enacted with the passage of Proposition 4 in 1979 and modified with the passage of Proposition 111 in 1990), provides that the total annual appropriations limit of such entity for the prior year be adjusted for changes in the growth factor of City population change over the prior year and the change in the California Per Capita Income as otherwise specifically provided for in said Article; and WHEREAS, Section 7910 of the Government Code provides that each year the governing body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following fiscal year pursuant to Article XIII B at a regularly scheduled meeting or a noticed special meeting. Prior to such meeting, documentation used in the determination of the appropriation limit shall be available to the public; and WHEREAS, Proposition 111 as approved by the voters of the State of California, revised the method for calculating the Gann Spending Limit, it also requires a recorded voice vote of the City Council regarding which of the annual adjustment factors have been selected each year; and WHEREAS, Section 7902 (a) and 7902.6 of the Government Code sets forth the method for determining the appropriations limit for each local jurisdiction for the fiscal year; and WHEREAS, the City Council of the City of Diamond Bar wishes to establish the appropriation limit for fiscal year 2005-2006 for the City of Diamond Bar. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: Section 1. That it is hereby found and determined that the documentation used in the determination of the appropriations limit for the City of Diamond Bar for fiscal year 2005-2006 was available to the public in City offices of said City at least fifteen days prior to this date. Section 2. That the County of Los Angeles LAFCO, established the appropriations limit for the newly incorporated City. Section 3. That the factor selected is the percentage change in total assessed valuation for the City, due to non-residential construction. Section 4. That the Appropriations Limit for the City of Diamond Bar as established in accordance with Section 7902(a) and Section 7902.6 of the California Government Code is $25,910,313. Section 5. That the Mayor of the City of Diamond Bar shall sign and the City Clerk shall certify to the passage and adoption of this Resolution No. 2005 - PASSED, APPROVED AND ADOPTED this day of June, 2005. Wen Chang, Mayor T CITY COUNCIL Agenda # 6.2 5 (c) Meeting Date: June 21, 2005 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managervo TITLE: Review and approve Resolution No: 2005 -XX which adopts the FY 2005- 2006 Investment Policy. RECOMMENDATION: It is recommended that City Council review and approve Resolution No: 2005 -XX which adopts the FY 2005-2006 Investment Policy. FINANCIAL IMPACT: None DISCUSSION: Submitted for Council's review and approval is the FY 2005-2006 Investment Policy and its accompanying resolution. The proposed investment policy states the goals of the City's investment activities, the types of investments in which the City will invest funds, and the monthly reporting requirements. The FY 2005-2006 Investment Policy is basically the same as the City's prior year's investment policy and was drafted in accordance with the Government Finance Officers Association (GFOA) investment policy outline and model. The only change to the policy this year is the addition of Federal Agency or United States government sponsored enterprise obligations. All investments allowed by the investment policy are authorized by Government Code Section 53601. The City, as part of its investment policy, requires all broker/dealers to complete a questionnaire and provide information on their portfolios and investment policies. Additionally, the proposed investment policy has been reviewed and approved by the City's auditors. It should be noted that the City continues to invest in the State Treasurer's Local Agency Investment Fund. The investment goals and practices of LAIF are in concurrence with the City's investment goals and objectives. Attached, as Appendix C is a description of the LAIF program. Page 2 — FY05-06 Investment Policy Report In addition to LAIF, the City has been interviewing and reference checking several investment brokers. It is anticipated that the City's will be diversifying its investment portfolio in the near future. Any investments made beyond LAIF will be in compliance with the City's Investment Policy. Linda G. Magnuson, Finance Director REVIEWED BY: XK64,-, fi wlmw� Departm Head Attachments: Resolution No: 2005 -XX Investment Policy 0��O Depui'yaVmMager RESOLUTION NO: 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE STATEMENT OF INVESTMENT WHEREAS, it is the City's policy to annually adopt the City investment policy, and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES, that the attached Statement of Investment Policy (Exhibit A) be adopted as presented herein. PASSED, ADOPTED AND APPROVED THIS day of , 2005 Wen Chang, Mayor 1, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a 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: ATTEST: Linda C. Lowry City Clerk of the City of Diamond Bar EXHIBIT A CITY OF DIAMOND BAR INVESTMENT POLICY - FY 2005-2006 PURPOSE This Statement is intended to provide guidelines for the prudent investment of the City's temporarily idle cash and to outline the policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while protecting its accumulated cash. It is the policy of the City Council to review, update and adopt the City's Investment Policy on an annual basis. INVESTMENT OBJECTIVE The investment of funds of the City of Diamond Bar is directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the Government Code, Sections 53601, et. seq. 1. Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. The City will operate only in those investments that are considered very safe. A. Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk will be mitigated by: Limiting investments to the safest types of securities; Pre -qualifying the broker-dealers with which the City will do business. This will be done via a competitive bid and the response on a questionnaire (Appendix B) submitted by the prospective institution. In addition broker- dealers should be primary, registered investment securities dealers; Diversifying the investment portfolio in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. B. interest Rate Risk is the risk that the market value of portfolio securities will fall due to a change in general interest rates. Interest rate risk will be mitigated by: Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to their maturation to meet specific operational needs; Operating funds will be invested primarily in shorter term securities. PAGE 2 - Investment Policy 2. Liquidity. The investment portfolio will remain sufficiently liquid to meet all operating requirements which might be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature at the same time as cash is needed to meet anticipated demands. Additionally, since all possible cash demands cannot be anticipated, the portfolio will consist largely of securities with active secondary or resale markets. 3. Yield. Yield is the potential dollar earnings an investment can provide and sometimes is described as the rate of return. The primary objective of the investment policy of the City of Diamond Bar is SAFETY. Investments shall be undertaken to ensure the preservation of capital in the overall portfolio. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and cash flow characteristics of the portfolio. Return on investment is of least importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity unless one of the following conditions exists: 1) a declining credit security could be sold early to minimize loss of principal; 2) a security swap would improve the quality of yield in the portfolio; or 3) liquidity needs of the portfolio require that a security be sold. As a General Law city, Diamond Bar operates its accumulated idle cash investments under the prudent man rule. This insures that "...investment shall be made with the exercise of that degree of judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be derived." (CC #2261) This affords the City a broad spectrum of investment opportunities, so long as the investment is deemed prudent and is allowable under current law of the State of California and the regulations of the City of Diamond Bar. The City of Diamond Bar strives to maintain the level of investment of all funds as near 100% as possible, through daily and projected cash flow determinations. Cash management and investment transactions are the responsibility of the Treasurer. Investments are allowed in the following media: United States treasury bills, bonds, notes or any other obligations or securities issued by the United States treasury or any other obligation guaranteed as to principal and interest by the United States. Federal agency or United States government-sponsored enterprise obligations, participations or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. Local Agency investment Fund (state pool) - Demand Deposits Certificates of Deposit (or Time Deposits), placed with commercial banks and/or savings banks. PAGE 3 - Investment Policy Negotiable Certificates of Deposit Bankers Acceptances Commercial Paper Medium Term Corporate Notes Passbook Savings Accounts Active Deposits Money Market Funds comprised of investments rated in the highest category by Moody's Investors Services Inc. or by Standard & Poor's Corporation. Repurchase Agreements Prohibited investments include securities not listed above(unless authorized pursuant to section 53601), as well as inverse floaters, range notes, interest only strips derived from a pool of mortgages (Collateralized Mortgage Obligations), and any security that could result in zero interest accrual if held to maturity, as specified in Section 53601.6. (Zero interest accrual means the security has the potential to realize zero interest depending upon the structure of the security. Zero coupon bonds and similar investments that start at a level below the face value are legal because their value does increase.) Government and agency paper are the highest quality investments available in terms of safety and liquidity. Certificates of deposit and savings accounts must be insured or collateralized. Only commercial paper, with A-1 Moody's and P-1 Standard & Poor's ratings, is authorized for purchase. Most investments are highly liquid, with the exception of collateralized and insured certificates of deposit held by banks and savings banks. Maturities are selected to anticipate cash needs, thereby eliminating the need for forced liquidation. Effective January 1, 1989 the Government Code, Section 53601 states..."no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement authorized by this section, which at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved no less than three months prior to the investment." Therefore longer-term investments (over one year) are limited to maturities of five years or less unless specifically approved by the City Council. Diamond Bar attempts to obtain the highest yield possible when selecting investments, provided that the criteria for safety and liquidity are met. Ordinarily, through a positive yield curve, (i.e., longer term investment rates are higher than those of shorter term maturities), the City attempts to ladder its maturities to meet anticipated cash needs in such a way that longer term investments carry a higher rate than is available in the extremely short term market of 30 days or less. The City is authorized to invest in the Local Agency Investment Fund based upon periodic reviews of the book to market value of the investment pool and an annual review of the goals and strategies of the investment board. If there are changes in the Page 4 - Investment Policy management of the Local Agency Investment Fund, and there is a conflict with the City's investment goals, the City may elect to discontinue investment in LAIF. It should be noted that, per LAIF's investment policy, no more than 10% of its portfolio may be invested in Reverse Repurchase Agreements. Since these types of investments are extremely sophisticated, the City of Diamond Bar chooses not to individually invest in these types of securities but will participate in LAIF's investment pool as long as the percentage of the portfolio remains at 10% or less. POLICY CONSTRAINTS The City operates its investment pool with many State and self-imposed constraints. The City does not purchase or sell securities on margin. The City does not buy stocks or deal in futures or options. The City does not use Reverse Repurchase Agreements for the investment of funds. The City does not invest in Guaranteed Small Business Administration (SBA) Notes. SAFEKEEPING OF SECURITIES The City of Diamond Bar will adopt the operational practice of having all purchased securities delivered, versus payment to a safekeeping account at the City's depository bank. It is recognized this will be to a third party independent custodian under contractual agreement made with the Security Services Division of the chosen bank. Investment transactions will be authorized by the City Treasurer and executed by either the Finance Director or the Assistant City Clerk. The transactions will be verified via monthly reconciliations by the Senior Accountant. REPORTING A monthly report of investments will be provided to the City Manager. The required elements of this report are as follows: a) Type of investment b) Institution c) Date of Maturity d) Amount of deposit or cost of security e) Current market value of securities with maturity in excess of twelve months f) Statement relating the report to the Statement of Investment Policy g) Rate of interest h) Statement that there are sufficient funds to meet the next six months' obligations Page 5 — Investment Policy The basic premise underlying the City of Diamond Bar's investment philosophy is to insure that money is always available when needed. Attachment: Appendix A - Description of Investments Appendix B - Broker Dealer Questionnaire Appendix C - Local Agency Investment Fund Description Linda C. Lowry City Manager Appendix A Description of Investments U.S. Treasury Issues are direct obligations of the United States Government. These issues are called bills, notes and bonds. The maturity range of new issues is from 30 days (T -Bills) to 30 years (T -Bonds). These are highly liquid and are considered the safest investment security. Federal Agency Securities are issued by direct U.S. Government agencies or quasi - government agencies. Many of these issues are guaranteed directly or indirectly by the United States Government. Examples of these securities are Federal Home Loan Bank (FHLB) notes, Federal National Mortgage Associations (FNMA) notes, Federal Farm Credit Bank (FFCB) notes, Small Business Administration (SBA) notes, Government National Bank (GNMA) notes, and Federal Home Loan Mortgage Credit (FHLMC) notes. Investment in these types of securities is limited to 20% of the portfolio Local Agency Investment Fund (LAIF) is a special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $40 million for any agency. It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit into the agency's LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one percent of the earnings. Certificates of Deposit are investments for inactive funds issued by banks, savings and loans and credit unions. Investments of $100,000 are insured respectively by Federal Deposit Insurance Corporation (FDIC), Federal Savings and Loan Insurance Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF). Certificates of Deposit can be issued from 14 days to several years in maturity allowing the City of Diamond Bar's investment of funds to be matched to cash flow needs. For deposits exceeding $100,000 the financial institution is required to collateralize with 110% government securities collateral. City of Diamond Bar does not accept 150% Collateral (First Trust Deeds) or 105% Letters of Credit (L.C.). Section 53635.2 of, the Government Code prohibits investments in certificates of deposits of state or federal credit unions if any member of the city's governing or managing officers (Council, City manager, Fiscal officers) serves on the credit union board or key committee positions. Negotiable Certificates of Deposit are unsecured obligations of the financial institution. These securities are generally issued in bearer form and pay interest at maturity. Although negotiable, a strong secondary market exists only in the NCD's issued by the largest United States banks. Examples of large banks include Bank of America, Citibank, Chase Manhattan, Manufacturers Hanover, etc. These securities Page 2 - Appendix A generally trade with minimum amounts of $1 million per trade with the average trade in the secondary market of $5 million. Investment in Negotiable Certificates of Deposit is limited to 30% of the investment portfolio per Government Code Section 53601. Bankers Acceptances are short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is a high grade negotiable instrument. Acceptances are purchased in various denominations for 30 to 180 days but no longer than 180 days. The interest is calculated on a 360 day discount basis similar to Treasury Bills. Investment in Banker's Acceptances is limited to 40% of the investment portfolio per Government Code Section 53601. Commercial Paper is a short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments may be purchased at a discount to par value or interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation (GMAC), Shearson American Express, Bank of America, Wells Fargo Bank, etc. Local agencies are permitted by state law to invest in commercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided by Moody's Investor's Service, Inc. or Standard & Poors Corporation. Purchases of eligible commercial paper may not exceed 270 days maturity nor exceed twenty five percent of the local agency's total investments. Investment in Commercial Paper is limited to 25% of the total investment portfolio and 10% of the issuing corporation per Government Code Section 53601. Medium Term Corporate Notes are unsecured promissory notes issued by a corporation organized and operating in the United States. These are negotiable instruments and are traded in the secondary market. Medium Term Notes (MTN) can be defined as extended maturity commercial paper. Corporations use these MTN's to raise capital. Examples of MTN issuers are General Electric, GMAC, Citibank, Wells Fargo Bank, etc. Investment in Medium Term Corporate Notes is limited to 30% of the investment portfolio per Government Code 53601. Notes must be rated "A" or better. Passbook Savings Account is a certificate of deposit issued in any amount for a non specified amount of time. Interest rate is much lower than CD's but the savings account allows flexibility. Funds can be deposited and withdrawn according to daily needs. Mutual Funds are referred to in the Government Code, Section 53601, K, as "shares of beneficial interest issued by diversified management companies". The Mutual Fund must be restricted by its by-laws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, Page 3 — Appendix A agency also, apply to the Mutual Fund. Additional limitations apply to such management companies or their investment advisors. The City may not invest in a mutual fund, which invests in derivative types of products. The purchase price of shares of mutual funds shall not include any sales commission. investments in mutual funds shall not exceed fifteen percent of the local agency's investment portfolio. Active Deposits are demand or checking accounts which receive revenues and pay disbursements. Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. Average length of maturity is twenty to fifty days. Money Market Funds are 100% liquid at any time. Repurchase Agreements and Reverse Repurchase Agreements are short term investment transactions. Banks buy temporarily idle funds from a customer by selling him U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal Funds and the maturity of the REPO. Some banks will execute repurchase agreements for a minimum of $100,000, but most banks have a minimum of $500,000. A reverse -repurchase agreement (reverse -repo) is exactly what the name implies. The City of Diamond Bar does NOT invest in Reverse Repurchase Agreements. Financial Futures and Financial Options are forward contracts for securities. The government code states that a local agency may incur future contracts/options in any of the investment securities enumerated in Section 53601 A -N. Due to the volatility of trading in financial futures the City of Diamond Bar does NOT invest in financial futures of financial options. Derivative Products are structured products, which limits, through imbedded options, the flow of principal and or interest to the note holder. This limitation could be on how fast payments are received, how much principal is returned or how high or low a coupon can move. Derivative is also a broad term referring to any security which derives its value from another underlying asset. The City of Diamond Bar does NOT invest in derivative products. APPENDIX B CITY OF DIAMOND BAR BROKERIDEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: 2. Address: 3. Telephone:( ) 4. Broker's Representative to the City (attach resume): Name: Title: Telephone:( ) 5. Manager/Partner-in-Charge (attach resume) Name: Title: Telephone:( ) 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone:( ) ( ) 7. Which of the above personnel have read the City's investment policy? 8. Is your firm a primary dealer in United States Government Securities? Yes No CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Two 9. List the total volume of United States Government and Agency Securities for the last calendar year. Firm -wide $ No. of Transactions Your local office $ No. of Transactions 10. Which instruments are offered regularly by your local office? _ Treasury Bills _ Treasury Notes/Bonds _ BA's (domestic) BA's (foreign) Commercial Paper Agencies (specify): CMO's Bank CD's S&LCD's Repos Reverse Repos Other (specify): 11. References --Please identify your most directly comparable public sector clients in our geographical area. Entity Contact Telephone { Client Since 12. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Three 13. Has your local office ever subject to a regulatory or statelfederal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so explain 14. Has a client ever claimed in writing that your firm was responsible for investment losses? If so, explain. 15. Explain your normal custody and delivery process. Who audits these fiduciary systems? Can you meet safekeeping requirements? 16. How many and what percentage of your transactions failed Last month? Last year? 17. Describe the capital line and trading limits of the office that would conduct business with the City of Diamond Bar. 18. Does your firm participate in the S.I.P.C. insurance program if not, explain. CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Four 19. What portfolio information, if any, do you require from your clients? 20. What reports, transactions, confirmations and paper trail will the City receive? 21. Does your firm offer investment training to your clients? Yes No 22. Please enclose the following: Latest audited financial statements. Samples of reports, transactions, and confirmations the City will receive. Samples of research reports and/or publications that your firm regularly provides to clients. Complete schedule of fees and charges for various transactions. CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Five ***CERTIFICATION*** I hereby certify that I have personally read the Statement of Investment Policy of the City of Diamond Bar, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of Diamond Bar. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of Diamond Bar of all foreseeable risks associated with financial transactions conducted with our firm. Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Signed Title Date Countersignature* Date Title * Company president or person in charge of government securities operations. LAIF Introduction Page 1 of 2 APPENDIX C June 14, 2005 California State Treasurer's Office search Phil Angelides, State Treasurer contact Local Agency Investment Fund Program Description The Local Agency Investment Fund (LAIF), is a voluntary program created by statute; began in 1977 as an investment alternative for California's local governments and special districts and it continues today under Treasurer Phil Angelides' administration. The enabling legislation for the LAIF is Section 16429.1 et seq, of the California Government Code. This program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the Treasurer's Office investment staff at no additional cost to the taxpayer. This in-house management team is comprised of civil servants who have each worked for the State Treasurer's Office for an average of 20 years. The LAIF is part of the Pooled Money Investment Account (PMIA). The PMIA began in 1953 and oversight is provided by the Pooled Money Investment Board (PM1B) and an in-house Investment Committee, The PMIS members are the State Treasurer, Director of Finance, and State Controller. The Local Investment Advisory Board (LIAB) provides oversight for LAIF. The Board consists of five members as designated by statute. The Chairman is the State Treasurer or his designated representative. Two members qualified by training and experience in the field of investment or finance, and the State Treasurer appoints two members who are treasurers, finance or fiscal officers or business managers employed by any county, city or local district or municipal corporation of this state. The term of each appointment is two years or at the pleasure of the appointing authority. All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third party custodian. All investments are purchased at market and a market valuation is conducted monthly. Additionally, the PMIA has Policies, Goals and Objectives for the portfolio to make certain that our goals of Safety, Liquidity and Yield are notjeopardized and that prudent management prevails. These policies are formulated by investment staff and reviewed by both the PMIB and the LIAB on an annual basis. The State Treasurer's Office is audited by the Bureau of State Audits on an annual basis and the resulting opinion is posted to the STO website following its publication. The Bureau of State Audits also has a continuing audit process throughout the year. All investments and LAIF claims are audited on a daily basis by the State Controller's Office as well as an in-house audit process involving three separate divisions. Under Federal Law, the State of California cannot declare bankruptcy, thereby allowing the Government Code Section 16429.3 to stand. This Section states that "moneys placed with the Treasurer for deposit in the LAfF by cities, counties, special districts, nonprofit corporations, or qualified quasi -governmental agencies shall not be subject to either of the following; (a) transfer or loan pursuant to Sections 16310, 16312, or 16313, or (b) impoundment or seizure by any state official or state agency." During the 2002 legislative session, California Government Code Section 16429.4 was added to the http://www.treasurer.ca.gov/pmia-laif/laif-program.htm 6/14/2005 LAIF Introduction PAGE 2 — APPENDIX C Page 2 of 2 LAIF's enabling legislation. The Section states that "the right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi -governmental agency to withdraw its deposited moneys from the LAIF, upon demand, may not be altered, impaired, or denied in any way, by any state official or state agency based upon the state's failure to adopt a State Budget by July 1 of each new fiscal year." The LAIF has grown from 293 participants and $468 million in 1977 to 2,715 participants and $17.9 billion in 2005. STO Horne I Comments I Privacy Statement I Career Opportunities I En Espanol © 2005 California State Treasurer's Office http://www.treasurer.ca.gov/pmia-laif/laif-program.htm 6/14/2005 CITY OF DIAMOND BAR RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE SPECIAL MUNICIPAL ELECTION HELD ON JUNE 7, 2005, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of Diamond Bar, California, on Tuesday, June 7, 2005, as required by law; and WHEREAS, a notice of the election was given in time, form and manner as provided by law; that voting precincts were properly established; that election officers were appointed and that in all respects the election was held and conducted and the votes were cast, received and canvassed and the returns made and declared in time, form and manner as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the City Clerk canvassed the returns of the election and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the whole number of ballots cast in the precincts except absent voter ballots and provisional ballots was 2596. That the whole number of absent voter ballots and provisional ballots cast in the City was 2188, making a total of 4784 ballots cast in the City. SECTION 2. That the names of persons voted for at the Special Election to fill the vacancy for Member of the City Council for the short term ending December 2007, are as follows: Frank A. Farago; Jack Tanaka; and Steve Tye. SECTION 3. That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective office for which the persons were candidates were as listed in "Exhibit A" attached hereto. SECTION 4. That the City Council does declare and determine that: Jack Tanaka was elected as Member of the City Council for the remainder of the four year term vacated by former Councilmember Robert Huff. Page 1 of 3 SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) the whole number of ballots cast in the City; (2) The names of the persons voted for; (3) for what office each person was voted for: (4) the number of votes given at each precinct to each person; and (5) the total number of votes given to each person. SECTION 6. That the City Clerk shall immediately make and deliver to the person elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to the person elected the Oath of Office prescribed in the Constitution of the State of California and shall have him subscribe to it and file it in the office of the City Clerk. The person so elected shall then be inducted into the respective office to which he has been elected. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED and ADOPTED on June 21, 2005. ATTEST: Linda C. Lowry, City Clerk Page 2 of 3 Wen P. Chang, Mayor Agenda # 6.2 6 a Meeting Date. -June 21 2005 CITY COUNCIL '" AGENDA REPORT • `y9Sg' TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Resolution No. 2005 -XX, Establishing Salary Ranges for All Classes of Employment Effective the Pay Period Commencing June 25, 2005; Rescinding Resolution No. 2005-19 in its Entirety. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2005 -XX, establishing job classifications and salary schedules. FINANCIAL IMPACT: The proposed 4% cost of living adjustment (COLA) for City personnel is estimated to be $150,676 and has been incorporated into the FY 05-06 Municipal budget. An additional 2% for the Assistant City Manager range has been incorporated into the Salary Resolution and the FY 05-06 Municipal budget. As described in the budget decision packages, the addition of the full time Desktop Support Technician and Junior Engineer positions are budgeted for a total estimated cost, inclusive of salary and benefits, of $123,000. Additionally, the positions of full time Building Official, Building Inspector, Permit Technician, and a part-time Office Assistant have been incorporated into the Salary Resolution and into the budget, inclusive of salary and benefits for a period of six months for a total cost of $273,676. The 4% COLA will commence on June 25, 2005, the beginning of Pay Period Number 14-05 (6125105 to 718105), which contains July 1, 2005. BACKGROUND/DISCUSSION: The proposed personnel changes that are reflected in the Salary Resolution include a COLA of 4% for all full-time and part-time positions and a 2% increase for the Assistant City Manager position range. The positions of Recreation Superintendent, Human Resources Manager, and Parks and Maintenance Superintendent have been added to the Salary Resolution and will be filled by current staff. The full time positions of Junior Engineer, Desktop Support Technician, Building Official, Building Inspector, and Permit Technician have also been added. No additional range classifications are needed for these positions since they exist in the current Salary Schedules. Range 960 on Schedule E was created for the hourly pay rates of the additional part time Office Assistant position. The ranges for the positions of Accountant II and Public Information Coordinator were moved from Schedule B (Full time Exempt) to Schedule A (Full time Non -Exempt) in order to meet the Fair Labor Standards Act (FLSA) revised regulations and definitions for personnel who are classified as exempt from the overtime eligibility requirements of the FLSA. Both positions are currently vacant, so no existing personnel are directly affected by this revision. PREPARED BY: KIM Cr s eni& Management Analyst REVIE David y Assistant City Manager Linda Magnuso Finance Director Attachment.- Salary Resolution 2005-xx establishing salary ranges and rates. Resolution No. 2005-. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING SALARY RANGES FOR ALL CLASSES OF EMPLOYMENT EFFECTIVE THE PAY PERIOD COMMENCING JUNE 25, 2005; RESCINDING RESOLUTION NO. 2005-19 IN ITS ENTIRETY. WHEREAS, the City Council of the City of Diamond Bar has adopted the annual budget for fiscal year 2005-2006; WHEREAS, the City Council of the City of Diamond Bar wishes to establish salary ranges (Attachment 1, Schedule A-E) for the compensation of its employees, including cost of living adjustments and compliance with minimum wage requirements; WHEREAS, it is necessary to assign each position to a job classification number that reflects the various levels as either non-exempt full-time (Schedule A), exempt full-time (Schedule B), executive management (Schedule C), non -benefited part-time (Schedule D) or benefited part-time (Schedule E) (Schedule A-E attached); WHEREAS, it is necessary from time to time to establish comprehensive job classifications and salary schedules to fix the rate of compensation to be paid to employees of the City; NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby repeal all previous salary resolutions and establishes salary ranges for non-exempt full-time, exempt full-time, executive management, non -benefited part-time, and benefited part-time as outlined in Salary Schedules A-E. PASSED, ADOPTED AND APPROVED this day of 2005. Wen Chang, Mayor I, LINDA C. LOWRY, City Manager of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar Schedule A CITY OF DIAMOND BAR COMPENSATION PLAN BY POSITION FY 2005-2006 FULL TIME NON-EXEMPT POSITIONS (Job Classifications 1000 - 1599) RANGE JOB TITHE '° e C Effective 06/25105 ° E F G 1037 Office Assistant 12.89 13.53 14.21 14.92 15.66 16.45 17.27 1,030,9079 1,082.4533 1,136 5760 1,193.4048 1,253.0750 1,315.7288 1,381.5152 2,233.63 2,345,32 2,462.58 2,585.71 2,715.00 2,850.75 2,993.28 26,803.61 28,143.79 29,550.98 31,028.52 32,579.95 34,208.95 35,91940 1141 Account Clerk 11 14.17 14.88 15.62 16.40 17.22 18.08 18.99 Community Services Coordinator 1,1335194 1,1901954 1,249.7051 1,3121904 1,377.7999 1,446.6899 1.519.0244 Office Assistant 11 2,455.96 2,578.76 2,707.69 2,843.08 2,985.23 3,134.49 3,291.22 29,471.50 30,945.08 32,492 33 34.116.95 35,822.80 37,613.94 39,494 63 1203 Parks Maintenance Worker// 14.94 15.69 16.48 1730 18.16 Street Maintenance Worker 11 1,195.5221 1,255.2982 1,318 0632 1,383.9663 1,453.1646 19.07 11525.8229 20.03 1,602.1140 2,590.30 2,719,81 2,855.80 2,998.59 3,148.52 3,305.95 3,47125 31,083.58 32,637 75 34,269.64 35,983.12 37,782.28 39,671.39 41,654.96 1257 Senior Account Clerk 15.62 16.40 1722 18.08 18.98 19.93 2093 1,249.2619 1,311 7250 1,377,3112 1,446,1768 1,518.4856 1,594,4099 1,674.1304 2,70673 2,842.07 2,984.17 3,13338 3,290.05 3,454.55 3,627.28 32,480.81 34,104.85 35,810.09 37,600.60 39,480.63 41,454.66 43,527.39 1365 Administrative Assistant 16.46 17.28 18.15 19,05 20.01 21.01 Permit Technician 1,316.7081 1,382.5435 1,451.6707 1,524.2542 1,600.4669 1,680.4903 22.06 1,764.5148 2,852.87 2,995.51 3,145,29 3,302.55 3,467.68 3,641.06 3,823.12 34,234.41 35,946.13 37,743.44 39.630.61 41,612.14 43,692.75 45,877.38 1437 Accounting Technician 17.86 18.75 19.69 20.67 21 70 22.79 Neighborhood Improvement Officer 1,428.4366 1,499.8584 1,574 8513 1,653.5939 1,736.2736 1,823.0872 1,914 2416 Recreation Specialist 3,094.95 3.249.69 3,412.18 3,582,79 3,761.93 3,950.02 4,147,52 Senior Administrative Assistant 37,139.35 38,996.32 40,946.13 42,993.44 45,14311 47,400.27 49,770.28 1460 Accountant 11 1887 19.81 20.81 21.65 22.94 24.08 Building inspector 1,509.6964 1,5851812 1,664.4403 1,747.6623 1,835.0454 1,926.7977 25.29 2,023.1376 Junior Engineer 3,271.01 3,434.56 3,606.29 3,786.60 3,97593 4,17473 4,383.46 Parks & Maint Inspector/ Technician 39,252.11 41,214.71 43,275.45 45,439.22 47,711.18 50,096.74 52,601.58 1480 Public Information Coordinator 23.57 24.74 25.98 27.28 28.64 30.08 31.58 1,8852198 1,979.4808 2,078.4548 2,1823775 2,291.4964 2,406.0712 2,526.3748 4,084.64 4,288.87 4,503.32 4,728,48 4,964.91 5,213.15 5,473.81 49,015.71 51,466.50 54,039.82 56,741.82 59,57891 62,557.85 65,685.74 1490 Desktop Support Technician 24.01 25.21 26.47 27.79 29.18 30.64 1,920.8014 2,016,6415 2,117.6836 2,223.5677 2,334.7461 2,451.4834 32.18 2,574.0576 4,161.74 4,36982 4,588.31 4,817.73 5,058.62 5,311.55 5,577.12 49,940.84 52,437.88 55,059.77 57,812.76 60,703.40 63,738.57 66,925.50 Schedule B CITY OF DIAMOND BAR COMPENSATION PLAN BY POSITION FY 2005-2006 FULL TIME EXEMPT POSITIONS (Job Classifications 1600 - 2600) Effective 06/25/05 RANGE JOB TITLE A B C D E F G 1635 Assistant City Clerk 20.30 21.32 22.39 23.50 24.68 25.91 27.21 Assistant Engineer 1,624.3551 1,705.5729 1,790.8515 1,880,3941 1,974.4138 2,073.1345 2,176.7912 Assistant Planner 3,519.44 3,695.41 3,88018 4,07419 4,277.90 4,491.79 4,716.38 Development Services Associate 42,233.23 44,344.89 46,562.14 48,890.25 51,334.76 53,901.50 56,596.57 Management Analyst Parks & Maintenance Supervisor Public Works Supervisor Recreation Supervisor 1752 Senior Neighborhood Improvement Officer 21.83 22.92 24.06 25.27 26.53 27.86 29.25 1,7461819 1,833.4910 1,925.1656 2,021.4239 2,122.4951 2,228.6198 2,340.0508 3,783.39 3,972.56 4,171.19 4,379.75 4,598.74 4,828.68 5,070.11 45,400.73 47,670.77 50,054.31 52,557 02 55,184 87 57,944.12 60,841.32 1897 Parks & Maintenance Superintendent 23.57 24.74 25.98 27.28 28.64 30.08 31.58 Recreation Supervisor// 1,885.2210 1,979.4820 2,078.4561 2,182.3789 2,291.4979 2,406.0728 2,526.3764 4,084.65 4288.88 4,503.32 4,728.49 4,964.91 5,213.16 5,473.82 49,015.75 51,46653 54,039.86 56,741.85 59,578.94 62,557.89 65,685.79 1920 Senior Management Analyst 24.01 2521 2647 27.79 2918 30.64 32.18 1,9208014 2,016.8415 2,117.6836 2,223.5677 2,334.7461 2,451.4834 2,574.0576 4,161.74 4,369.82 4,58831 4,817.73 5,058.62 5,311.55 5,57712 49,940 84 52,437.88 55,059.77 57,812.76 60,703.40 63,738.57 66,925.50 1987 Associate Engineer 24.68 25.92 27.21 28.57 30.00 31.50 33.08 Associate Planner 1,974.6218 2,073.3528 2,177,0205 2,2858715 2,400.1651 2,520.1733 2,646.1820 Executive Assistant 4,278.35 4,492.26 4,716.88 4,952.72 5,200.36 5,46038 5,733.39 Human Resources Manager 51,340.17 53,907.17 56,602,53 59,432.66 62,404.29 65,524.51 68,800.73 Senior Accountant 1990 Network7GIS Engineer 26.53 27.86 29.25 30.72 32.25 3386 35.56 Senior Planner 2,122.7180 2,228.8539 2,340.2966 2,457.3115 2,580.1771 2,709.1859 2,844,6452 4,599.22 4,829.18 5,070.64 5,324.17 5,590.38 5,869.90 6,163.40 55,190.67 57,950.20 60,847.71 63,890.10 67,084,60 70,438.83 73,960.78 1995 Public Information Manager 2864 30.08 31.58 33.16 34.82 36.56 38.39 Recreation Superintendent 2,291.4869 2,406.0612 2,526.3643 2,6526825 2,785 3166 2,924 5825 3,070.8116 4,964.89 5,213.13 5,473.79 5,747.48 6,034.85 6,336.60 6,653.43 59,578.66 62,557.59 65,685.47 68,969.75 72,418.23 76,039.14 79,841.10 2319 Assistant to the City Manager 28.80 30.24 31.75 33.34 35.01 36.76 38,60 City Clerk 2,304.0544 2,419.2571 2,540.2199 2,667.2309 2,800.5925 2,940.6221 3,087.6532 Senior Engineer 4,992.12 5,241.72 5,503.81 5,779.00 6,067,95 6,371,35 6,689.92 59,905.41 62,900.68 66,045.72 69,348.00 72,815.40 76,456.17 80,278.98 2571 Building Official 31.93 33.53 35.21 3697 38.82 40.76 42.80 Deputy Public Works Director 2,554.7708 2,682.5093 2,816.6348 2,957.4665 3,105.3399 3,260.6069 3,423 6372 Planning Manager 5,535.34 5,812.10 6,102.71 6,407.84 6,72824 7,064.65 7,41788 66,424,04 69,745.24 73,232.50 76,894.13 80,738.84 84,775.78 89,014.57 Schedule C CITY OF DIAMOND BAR COMPENSATION PLAN BY POSITION FY 2005-2006 EXECUTIVE MANAGEMENT EXEMPT POSITIONS (Job Classifications 2900 - 3900) RANGE JOB TITLE A B C D E Effective 06/25/05 F G 2985 City Engineer/Public Works Director 37.08 3893 40.88 42.92 45.07 47.32 49.69 Community Development Director 2,966.3963 3,114.7162 3,270.4520 3,433.9746 3,605.6733 3,785.9570 3,975.2548 Community Services Director 6,42719 6,748.55 7,08598 7,440.28 7,81229 8,202.91 8,61305 Finance Director 77,126.30 80,982.62 85,031.75 89,283.34 93,747.51 98,434.88 103,356.62 Information Systems Director 3172 Assistant City Manager 40.19 4220 44.31 46.53 4885 5130 53.86 3,215.3178 3,376.0837 3,544.8878 3,722.1322 3,908.2388 4,103.6508 4,308.8333 6,966.52 7,314.85 7,680.59 8,064.62 8,467.85 8,891.24 9,335.81 83,59826 87,778.18 92,167.08 96,775.44 101,614.21 106,694.92 112,029.67 CITY OF DIAMOND BAR COMPENSATION PLAN BY POSITION FY 2005-2006 PART-TIME/ HOURLY NON-EXEMPTI NON -BENEFITED POSITIONS (Job Classifications 500 - 899) RANGE JOB TITLE 515 Community Services Worker 537 Community Services Leader/ 753 Community Services Leader// Schedule E Intern Parks Maintenance Helper 770 Parks Maintenance Helper If 775 Community Services Coordinator E Public Information Specialist 800 Engineering Aide 12.89 13.54 14.21 14.91 15.67 16.44 17,27 14,18 14.87 15.62 16.41 17.21 18,09 18.98 15.61 16.39 17.20 18.08 18.98 19.93 20.92 PART-TIME/HOURLY NON-EXEMPT/ BENEFITED POSITIONS (Job Classifications 900 - 999) Schedule D Schedule E E=ffective 06/25/05 A B C D E F G 7.56 7.95 8.35 8.77 9.19 9.66 10.14 8.27 8.67 9.36 9,99 10.66 11.32 11.90 9.35 9.99 10.66 11,32 12.00 12.68 13.34 12.89 13.54 14.21 14.91 15.67 16.44 17,27 14,18 14.87 15.62 16.41 17.21 18,09 18.98 15.61 16.39 17.20 18.08 18.98 19.93 20.92 PART-TIME/HOURLY NON-EXEMPT/ BENEFITED POSITIONS (Job Classifications 900 - 999) Schedule E Effective 06/25/05G RANGE JOB TITLE A B C D E F 937 Community Services Leader 1 8.27 8,67 9.36 9.99 10.66 11.32 11.90 953 Community Services Leader 11 9.35 9.99 10.66 11.32 12.00 12,68 13.34 960 Office Assistant 1289 13.54 14.21 14.91 15.67 16.44 17.27 987 Neighborhood Improvement Officer 17.86 18.74 19.69 20.68 21.70 22.79 23.93 CITY COUNCIL Agenda #: 6 , 2 6 (b) Meeting Date: June 21, 2005 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager 6 TITLE: Resolution No. 2005 -XX, Setting Forth Personnel Rules and Regulations and Rescinding Resolution No. 2004-29 in its Entirety. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2005 -XX, setting forth personnel rules and regulations (Rules Resolution) and rescind the Resolution from the prior year. FINANCIAL IMPACT: The proposed increase to the benefit allotment is estimated to cost $15,025. As described in the budget decision packages, the increase of the Tuition Reimbursement benefit is estimated to cost $7,500 and the addition of the Bilingual Premium Pay Differential is estimated to cost $15,600. Additionally, City Council is considering the Salary Resolution also included on this agenda, which includes the proposed 4% cost of living adjustment (COLA) for City personnel, which is estimated to be a cost of $150,676 for a total estimated cost to the City of $188,801 for FY 05-06. These costs have been incorporated into the FY 05-06 Municipal budget. BACKGROUND/DISCUSSION: The FY 05-06 proposed budget includes a benefit allotment amount change of an additional $25 per month increasing the total amount available for Health Insurance to $820 for non-exempt employees and $850 for exempt employees and elected officials. The proposed benefit allotment change, additional fringe benefits, as well as additional changes to clarify administrative language make it necessary to amend the Rules and Regulations Resolution as well as the Salary Resolution (separate agenda item). Summary of Changes in the Rules Resolution: Bilingual Premium Pay Differential (Rules Section 2) Language has been added describing the Bilingual Premium Pay Differential benefit, the cost of which has been incorporated into the FY 05106 Municipal Budget. Health Benefit Allotment (Rules Section 6) This section has been amended to increase the monthly health benefit allotment by $25. The estimated costs of Health Benefits for 2006 are unknown at this time. The increase to the City's monthly health benefit allotment should help offset a portion of anticipated increases. IRS Code Section 125 Cafeteria Plans (Rules Section 7) This section has been amended to describe the optional Section 125 Cafeteria Plan benefit, which was added to eligible employee benefits beginning January 1, 2005. Submittal of Employee Home and Emergency Contact Information (Rules Section 9) Language has been removed which is redundant. Sick Leave (Rules Section 15) Language has been added to include domestic partners in order to comply with state labor law. Family and Medical Leave (Rules Section 16) Language has been added to include domestic partners in order to comply with state law. California Paid Family Leave (Rules Section 17) This section has been added to describe the mandatory participation in the California Paid Family Leave law and the mandatory payroll deductions, which became effective January 1, 2004. Bereavement Leave (Rules Section 19) Language has been added to include domestic partners in order to comply with state law. Court Witness Leave (Rules Section 22) Language has been added to clarify the California Labor Code Section 230 regulations regarding an employer's responsibilities to provide Court Witness Leave. Election Leave (Rules Section 23) Language has been added to describe the California Elections Code Section 14000 regulations regarding an employer's responsibilities to provide Election Leave. School Visit Leave (Rules Section 24) Language has been added to describe the California Labor Code Section 230.8(a) regulations regarding an employer's responsibilities to provide School Visit Leave. Military Duty Leave (Rules Section 25) Language has been added to describe the Uniformed Services Employment and Reemployment Rights Act of 1994 and the California Military and Veterans Code Sections 394.5 and 395.06 regulations regarding an employer's responsibilities to provide unpaid Military Duty Leave. Political Leave (Rules Section 26) Language has been added to describe the responsibility of the employer to provide unpaid leave to an employee who is declared a candidate for public office. Leave of Absence without Pay (Rules Section 31) Language has been added which clarifies the Leave of Absence policy. Non -Discrimination Language (Rules Section 33) Language has been added which is in compliance with state and federal law. Tuition Reimbursement (Section 41) This section has been amended to increase the tuition reimbursement benefit allotment from $500 per year to $1,500 per year the cost of which has been incorporated into the FY 05106 Municipal Budget. Personal Computer Purchase Loan Program (Section 42) This section has been added to describe the optional personal computer purchase loan program, which was added to eligible employee benefits in 2004. A special revolving account has been established to continually fund the program as outstanding loans are paid through payroll deductions. The Sections 6, 2, 7, 9, 15, 16, 17, 19, 22, 23, 24, 25, 26, 31, 33, 41, and 42 changes have been incorporated into the Rules Resolution, The Rules Resolution becomes effective July 1, 2005. Additions are in highlighted text and deletions are in strikethrough text. PREPARED BY: Ki aye Senior4vianagement Analyst REVIEWED BY: David le Assistant City Manager Attachment: Rules Resolution amending Resolution No. 2005-xx with changes in highlighted text for additions and strikethrough text for deletions to the appropriate sections. RESOLUTION NO. 2005 -XX RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS EFFECTIVE JULY 1, 2005; RESCINDING RESOLUTION NO. 2004-29 IN ITS ENTIRETY. 1. WHEREAS, the purpose of the rules and regulations is to communicate to employees the benefits, policies, and requirements of the job, as well as provide guidance to supervisors in the administration of the personnel system; 2. WHEREAS, the City Council has determined that it is necessary to the efficient operation and management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of absences, and other regulations for the officers and employees of the City; and 3. WHEREAS, as the rules and regulations do not create any contract of employment, expressed or implied, or any rights in the nature of a contract; 4. WHEREAS, this Resolution will become effective on July 1, 2005; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: SECTION 1. COMPREHENSIVE JOB CLASSIFICATION AND SALARY SCHEDULES Pursuant to Ordinance 21 ( 989) (2,00�), a comprehensive job classification and salary schedule for authorized full-time and part-time positions shall be established upon adoption of a resolution by the City Council. SECTION 2. JOB CLASSIFICATIONS For the purposes of the City's Personnel System, each position title shall correspond to a job classification number as reflected in the job classification and salary resolution. A. Hourly Non -benefited Positions — Job Classification Range 440 $00-899. These positions are classified and referenced as either seasonal or intermittent part-time. Rules Resolution No, 2005 -XX Page 2 Seasonal Part-time -- a seasonal position is a position that is utilized up to 40 hours per week on a seasonal or partial year basis, but not more than 1000 hours per fiscal year. 2. Intermittent Part-time — an intermittent position is a position that is utilized an average of 19 '/2 hours or less per week and no more than 1000 hours per fiscal year. B. Hourly Benefited Positions — Job Classification Range 900-999. These positions are classified and referenced as regular part-time. A regular part-time position is a position that is utilized twelve (12) months per year and works an average of 20 or more hours per week on a year-round basis. Benefits for regular part-time employees shall be the same as provided for non-exempt full-time employees on a pro -rated basis. C. Full-time Non- Exempt Positions — Job Classification Range 1000-1599. Positions in job classification range 1000-1599 are subject to the Fair Labor Standards Act (FLSA) overtime requirements. D. Full-time Exempt Positions — Job Classification Range 1600-1999 C . The City of Diamond Bar has determined various executive, administrative and professional employees are exempt from the overtime requirements of the FLSA. Employees in the job classification range 1600 and above are considered exempt. E. Executive Management Positions — Job Classification Range 298A 291-3989 3900 are Executive Management positions, which are also classified as exempt. Executive management positions may be terminated with or without cause, at any time, at the will of the City, in its sole discretion. F. Rules Resolution No. 2005 -XX Page 3 SECTION 3. ADVANCEMENT WITHIN THE SALARY SCHEDULE A. New full-time and regular part-time employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one-year probation period. At the end of six months, the employee will be given a performance evaluation and shall be eligible for the next step. Every year thereafter, employees shall be given a performance evaluation and shall move to each successive step, as long as the employee's performance is satisfactory or above. B. Intermittent and seasonal part-time employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one-year probation period. At the end of six months, the employee will be given a performance evaluation. In order to receive a step increase, a part-time employee must complete one year of service and worked a minimum of 500 hours. C. An employee that has received a one-year evaluation and has reached the top step in their job classification shall be moved to a July 1 annual evaluation date. D. An employee shall receive their annual step increase on time regardless of supervisor's completion of timely evaluation. E. An employee who is appointed to an acting position that is in a higher salary range than that of the class in which the employee is normally assigned shall receive acting compensation. 1. Acting pay shall be provided only for appointments with duration greater than 21 consecutive calendar days and shall be retroactive to the effective date of the acting appointment and continue until completion of appointment. 2. Such acting appointments shall be made in writing by the City Manager with a copy to the Human Resources Division. 3. Compensation shall be at the entrance salary step of the higher range or the step within the higher salary range, which would provide a minimum of 5% higher than the employee receives whichever is greater. SECTION 4. PROBATION The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work to determine the employee's fitness for the position. Rules Resolution No. 2005 -XX Page 4 A. In an effort to monitor newly hired employees, the probation period for newly hired employees is one year of actual and continuous service. Periods of time on paid or unpaid leave exceeding five (5) days (consecutive or not) shall automatically extend the probationary period by that number of days the employee is on leave. B. If it is determined that the probationary should be extended, the probationary employee shall be given notice in writing prior to the expiration of the original probationary period. C. During the probationary period an employee may be rejected at any time without cause and without the right of appeal. SECTION 5. VEHICLE USE A. Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service. Payments shall be based upon the most direct route to and from the destination, and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. B. Executive Management Employees will receive a monthly car allowance of $150 per month. This stipend will be in lieu of any mileage reimbursement. If additional garage and parking expenses are incurred, they are reimbursable. SECTION 6. HEALTH BENEFIT ALLOTMENT All designated officials, full-time employees and regular part-time employees will be provided a monthly allotment of $7-95 $ a month (pro -rated for regular part- time employees) which can be applied to selected benefit options as described in Section 7. A. Members of the City Council, Executive Management and employees defined as full-time exempt shall receive an additional $30.00 per month to be applied as described in Section 7. B. Premiums for selected benefits options are paid from the monthly health benefit allotment as described in section 7. The total of all premiums for selected benefits that exceed the monthly health benefit allotment will be paid at the employees' expense as a bi-weekly payroll deduction. C. Employees who are not encumbering their entire health benefit allotment will have those funds applied to a Section 457 deferred compensation plan offered through the International City Management Association (ICMA). Monies in Rules Resolution No. 2005 -XX Page 5 excess of the City's 457 Plan maximum shall be paid off annually each December. SECTION 7. HEALTH AND BENEFIT OPTIONS A. All designated officials, full-time employees and designated regular part-time employees (pro -rated for regular part-time employees) are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and employee assistance program within the City's group insurance carrier(s). The administrative cost and premiums are paid as described below. Eligible dependents of designated officials and full-time and part-time employees are eligible for health, dental and vision insurance. B. Premiums for selected benefits that are not paid by the City are paid from the employee's monthly health benefit allotment to a maximum as described in Section 6. The total of all premiums for selected benefits that exceed the monthly health benefit allotment will be paid at the employees' expense as a bi-weekly payroll deduction. Health Plan: Designated officials and full-time and regular part-time employees and their eligible dependents are eligible for health coverage through the California Public Employees' Retirement System (CaIPERS). Premiums vary depending on health plan selected. If selected, the premium is deducted from the monthly health benefit allotment. 2. Dental Plan: Two dental plans are available to designated officials and full- time and regular part-time employees and their eligible dependents. The City pays for employee coverage. If dependent coverage is selected, the premium is deducted from the monthly health benefit allotment. 3. Vision Plan: One vision plan is available to designated officials and full-time and regular part-time employees and their eligible dependents. The City pays for employee coverage. If dependent coverage is selected, the premium is deducted from the monthly health benefit allotment. 4. Life/Accidental Death and Dismemberment Insurance: Life and accidental death and dismemberment insurance is provided to all designated officials ($10,000 benefit) and full-time and regular part-time employees ($50,000 benefit). This benefit is provided at no cost to designated officials and full- time employees and at a pro -rated cost to regular part-time employees. Supplemental life insurance is also available. If supplemental life insurance is selected, the premium is deducted from the monthly health benefit allotment. 5. Deferred Compensation: A Section 457 deferred compensation plan is made available to all designated officials and full-time and regular part-time Rules Resolution No. 2005 -XX Page 6 employees through the International City Management Association (ICMA). Employees not encumbering their entire monthly health benefit allotment will have those excess funds deferred into this plan. Employees may also elect to have additional contributions are their expense as a payroll deduction on a bi-weekly basis. Total deferral contributions are not to exceed limits under Section 457 of the Internal Revenue Code. 6. Short-term and Long-term Disability: A short-term and long-term disability benefit is provided to all full-time and regular part-time employees at no cost to the employee. This benefit provides income replacement in the event of a covered disability at 60% of salary up to a maximum of $1500 per week. There is a 15 -day elimination period for short-term disability. 7. Employee Assistance Program (EAP): All designated officials and full-time and regular part-time employees are eligible to receive face-to-face assessment, treatment and follow-up to help resolve a broad range of personal, work, and family problems. Employees are eligible to receive up to 5 -sessions of treatment with professional counselors for early intervention and treatment at no cost the employee. LA a) b) dollars, up; to axitm ofp€�r, htr year, must.be'. relatedcpertse hE are 1 enables the employee to remaiIh gainfully emplc Rules Resolution No. 2005 -XX Page 7 SECTION 8. STATUS OF EMPLOYMENT All employees serve under the City Manager, pursuant to Government Code Section 34856. Per Government Code Section 36506, nothing in these rules and regulations shall be construed to provide employees with any tenure or property interest in employment. SECTION 9. SUBMITTAL OF EMPLOYEE HOME AND EMERGENCY CONTACT INFORMATION All full-time and part-time employees are required to complete an Emergency Notification Form providing their home address, phone number and emergency contact information to the Human Resources Division. The Emergency Notification Form must be submitted to the G Human Resources DiVisiee within three (3) working days from date of hire. In the event an employee's home and/or emergency contact information changes a new Emergency Notification Form must be completed and submitted to the Human Resources O+visiGn within (5) working days. All emergency notification information will also be shared with the City's Emergency Preparedness Coordinator. SECTION 10. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED COMPENSATION The City of Diamond Bar shall pay the employee contribution of said employee salary to the State Public Employees' Retirement System (PERS) as deferred income. SECTION 11. PAY PERIODS The compensation due to all officers and employees of the City shall be paid on a bi-weekly basis. SECTION 12. PAY DAYS Warrants, checks or electronic transfers in the payment of compensation shall be made available by the City to employees and officers of the City on the Friday succeeding the close of any given pay period. In an event that pay day falls on a holiday, all warrants, electronic transfers or checks in payment of compensation shall be made available to the City employee on the last work day preceding the holiday. A. Nine (9) hours Monday through Thursday and eight (8) hours on Friday, exclusive of lunch period, shall constitute a day's work for all full time employees participating in the 9180 flex plan. Employees participating in the 9180 -flex plan will work 80 hours in a nine -day period. Rules Resolution No. 2005 -XX Page 8 Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees participating in the traditional eight- (8) hour work schedule. B. The official work week of the City of Diamond Bar shall be Monday through Thursday, 7:30 a.m. to 5:30 p.m., and Friday, 7:30 a.m. to 4:30 p.m. It shall be the duty of each Department Head to arrange the work of their Department so that each employee therein shall not work more than five days in each calendar week. The City Manager may require an employee to temporarily perform service in excess of five (5) days per week when public necessity or convenience so requires. 1. The work period will be begin at 12:01 p.m. on Friday and end the following Friday at noon for all full-time employees on a traditional schedule and all full-time employees scheduled to be off on Fridays in accordance with the 9180 work schedule. 2. The work period will begin at 12:01 p.m. on Monday and end the following Monday at 12 noon for all full-time employees scheduled to be off on Mondays in accordance with the 9180 schedule. C. Whenever an employee, other than an exempt employee, shall be required to work overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 Y2) times the regular rate of pay, provided they have completed full 40 hour work week. D. Any full time employee, other than an exempt, who is required to work on an observed holiday beyond the regular 40 hour work week, shall be entitled to pay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour work week. E. Hourly and non-exempt employees are prohibited from working overtime without express authorization from the City Manager. F. Employees who are exempt from the Fair Labor Standards Act (FLSA) overtime provisions are compensated on a salary basis and only deductions from salary that are consistent with FLSA will be made. G. There is nothing contained within this Section to exclude the City from implementing a 4-10 or traditional Plan at their option. SECTION 14. ANNUAL VACATION The purpose of annual vacation leave is to enable each eligible employee annually to return to his or her work mentally and physically refreshed. All eligible employees shall be entitled to annual vacation leave with pay as follows: Rules Resolution No. 2005 -XX Page 4 A. A full time employee, pursuant to the below schedule, shall be entitled to a vacation, to be accrued at the appropriate hours per pay period. Regular part- time employees are eligible for vacation at a pro -rated accrual rate based upon hours scheduled to work. YEARS OF SERVICE 1-5 6-10 11 & up AN N UALVACAT I O N 80 hours 120 hours 160 hours ACCRUAL 3.08 hours per pay period 4.62 hours per pay period 6.15 hours per pay period B. Vacation time may be accumulated to a maximum of 320 hours. Once the 320 -hour maximum accumulation is exceeded, no further vacation leave shall accrue until the employee reduces the accumulation below the maximum. C. The total vacation allowance shall be computed to the nearest whole day based upon the number of full months of City service. D. In the event one or more observed holidays follow accumulated vacation leave, such days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon due regard to the needs of the employee's services and the work schedule. F. Employees are eligible to use vacation leave, as it is accrued and/or accumulated. G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council. H. Employees who terminate shall be paid the salary equivalent to all accrued and accumulated vacation. All vacation requests shall be made at least ten (10) days in advance and employee's supervisor and City Manager must give prior approval. J. If an employee does not request time off in advance and simply does not show up for work, the City Manager may deny the use of vacation time or other benefit for the time off, and said employee is subject to disciplinary action including discharge. Rules Resolution No. 2005 -XX Page 10 K. Exempt employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of full-time service. SECTION 15. SICK LEAVE A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period. Regular part-time employees are eligible for sick leave and receive a pro -rated accrual rate based upon hours scheduled to work. B. Employees are eligible to use sick leave, as it is accrued and/or accumulated. C. Absence or illness may not be charged to sick leave if not already accrued and/or accumulated. D. Each full time employee shall be paid annually for all accrued sick leave in excess of the maximum allowable accumulation of 200 hours at a rate of one- half the employee's current wage at the time of payment. Said payment is to be made during the month of December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. E, Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or dependent family members, as determined by the City Manager. In order to receive sick leave with pay, the employee shall notify the supervisor or Department Head prior to or within two (2) hours after the time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate or a Personal Affidavit. F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid leave and does not work a minimum of 80 hours in any one month. G. If an employee does not show up for work and does not call in within two hours, the City Manager may deny use of sick leave for the unauthorized time off and employee is subject to disciplinary action_ H. Except as otherwise required by law, employees using all accumulated sick leave may be deemed to have abandoned their employment. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (112) of the employee's current rate of pay at his/her date of termination. J. Sick leave to attend to the illness of a child, parent, Gr spouse, or domestic partner of the employee (pursuant to California Labor Code Section 233). Use Rules Resolution No, 2005 -XX Page I I of sick leave for this purpose (as opposed to when used for an employee's own illness), shall be limited to half the yearly sick leave entitlement in any one (1) year period. The amount of leave available is limited to what the employee accrued prior to utilizing sick leave for this purpose. Additionally, sick leave taken for this purpose shall be allowed only in the case of necessity of and actual illness of an employee's child, parent, or spouse, or.;dbrnestitpartrlr as determined by the City Manager. In order to receive sick leave with pay for this purpose, the employee shall notify the Department Head prior to or within 2- two (2) hours after the start of the employee's scheduled work shift. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate (regarding the illness of the employee's child, parent or spouse) or aR Affida stating the cause of absence. Use of sick leave under this section shall not extend the maximum period of leave to which an employee is entitled under Family and Medical Leave (Section 16). SECTION 16. FAMILY AND MEDICAL LEAVE The family and medical leave policy complies with the California Government Code, Sections 12945, 12945.2, and 19702.3, and the federal Family and Medical Leave Act of 1993. California law shall prevail unless preempted by federal law. Copies cf the state and federal acts are available in the Personnel Department. Following is a summary of pertinent sections. A. The family and medical leave allows for an eligible employee to take twelve (12) weeks of leave in a twelve (12) month period for the birth, adoption, or foster care of a child; the serious health condition of the employee's child, parent, or spouse, or domestic pertn&; or the employee's own serious health condition. B. During the twelve (12) week period, paid leave may be charged to accrued benefit time such as vacation, administrative leave and floating holidays, at the employee's request during the family and medical leave period as long as the total time off does not exceed twelve (12) weeks in a twelve (12) month period. In addition, accrued sick leave may be used at the employee's request, in accordance with Section 15. If the employee has extinguished their benefit leave and accrued leave balance, but have a balance in their FMLA, they are still eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or vacation). C. Health insurance benefits shall continue for the duration of the family and medical leave under the same conditions as if the employee had continued employment. If the employee fails to return to work after the period of leave to which the employee is entitled has expired, the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage. Rules Resolution No, 2005 -XX Page 12 D. To be eligible for family and medical leave, the employee must be employed by the City of Diamond Bar for at least 12 months and has worked at least 1,250 hours over the previous 12 -month period for the City of Diamond Bar. E. The City will use a rolling 12 -month period measured backward from the date the employee uses FMLA. F. The City Manager may, if he/she deems necessary, required the employee to file a Physicians Certificate or Personal Affidavit stating the cause of absence. G. When a husband and wife are both employed by the City of Diamond Bar, they are limited to a total of 12 weeks collectively for family leave during the 12 - month period. H. Employee will be reinstated to the same position of employment held when the employee's leave commenced; or reinstated to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment, unless position ceased to exist for reasons unrelated to the leave. SECTION 17. CALIF(?RNIA FAIR PAMILY'LEAVE California Paid Farr( (SDI). Unlike S`Dl, Which:; disability, injury, car pregr employee wage loss for,60', or bond with a new child. ` t twelve (12) month period— Employment Development deductions. aye end. IDI and botl and funded entirely SECTION 18. PREGNANCY DISABILITY LEAVE Separate from FMLA, when an employee is pregnant, they are eligible for six weeks of leave for a normal childbirth and up to 16 weeks when there is certification by a physician that there is a disability or related medical condition due to the pregnancy. A. During the Pregnancy Disability Leave Time, paid leave may be charged to accrued benefit time such as vacation, administrative leave and floating holidays, at the employee's request. In addition, accrued sick leave may be used at the employee's request, in accordance with Section 15. If the employee has extinguished their benefit leave and accrued leave balance, but have a balance in their PDL, they are still eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or vacation). Rules Resolution No. 2005 -XX Page 13 B. Health insurance benefits shall continue for the duration of the Pregnancy Disability Leave under the same conditions as if the employee had continued employment. If the employee fails to return to work after the period of leave to which the employee is entitled has expired; the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage. C. The City Manager may require the employee to file a physician's certificate or personal affidavit if the leave is to be for more than a six-week period. SECTION 19. BEREAVEMENT LEAVE When circumstances are such and the City Manager determines that conditions warrant, three (3) paid bereavement leave days may be granted in the event of death of a relative of a full-time employee. "Relative" is defined as spouse, domestic partner, parents, children, step -children, brother, sisters, grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, to the City employee or as may be approved by the City Manager. SECTION 20. UNAUTHORIZED LEAVE If an employee does not show up for work for three consecutive work days without notifying said employee's supervisor or Department Head, said employee shall be considered to have voluntarily terminated employment with the City. SECTION 21. ON-THE-JOB INJURY Whenever a person is compelled to be absent from employment with the City on account of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro- rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that employee's regular salary as it relates to an on-the-job injury and if not covered by Workers' Compensation. SECTION 22. JURY DUTY/ COURT WITNESS LEAVE If a full-time employee is called for jury duty, such person shall receive regular pay while actually performing jury service, however, any amount received by such employee as payment for services as juror shall be reimbursed to the City. All mileage paid to the employee, as a juror shall not be considered as a reimbursable item to the City. Regular part-time employees who are eligible for jury duty receive such as a pro -rated accrual rate based upon hours scheduled to work. The'same is true if an employee is regWired f y law (i .t ., ItC1apr $'u�t o, no ) tc tesiif in'dqt rt .T t Rules Resolution No. 2005 -XX Page 14 employee must give reasonelle no."#icto°theirupervr Haat he or.sl �s recire to serve. SECTION 23. IfLECTI+lN Li~# SECTION 24. SCHOOL VISIT L E Full t hours of lei Vacation or time off cai employee h without pay, of,working hours M the regular vrlorking shit; unless shallgive the supervisor at least two SECTION 25. 101RyDfJTY 1�4'L Employes may be gra,ntec� "npal�lea protection rights, when''they leave i etrJob t�. services in accordance with the provisions of. SECTION 26. Political leE for public office SL SECTION 27, POLITICAL L !AVI ATTENDANCE federal. and state law. Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Departments shall keep attendance records of all employees. Absence of any employee without leave may result in possible disciplinary action, including discharge. SECTION 28. HOLIDAYS Rules Resolution No. 2005 -XX Page 15 A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. B. The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. President's Day (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Sixteen (16) Floating Holiday Hours C. If an observed holiday falls on a nine (9) hour work day under the 9180 work schedule, those employees on the 9180 schedule shall receive nine (9) hours of holiday pay and those employees on a traditional work schedule shall receive eight hours of holiday pay. D. If an observed holiday falls on an eight (8) hour work day under the 9180 work schedule, those employees on the 9180 schedule shall be receive eight (8) hours of holiday pay and those employees on the traditional work schedule shall receive eight (8) hours of holiday pay. SECTION 29. FLOATING HOLIDAY HOURS A. Each full time employee is allowed sixteen (16) hours per calendar year, January through December. Regular part-time employees are allowed prorated floating holiday hours per calendar year, January through December based upon hours scheduled to work. B. Floating Holiday hours are not cumulative and must be used during the above period or said employee will lose the allocated hours. C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department Head. D. An employee is eligible to use floating holiday hours as they are accrued. E. Floating Holiday hours may be used in lieu of sick leave only if all other benefit time has been exhausted. Rules Resolution No. 2005 -XX Page 16 SECTION 30. TRAINING PLAN The City Manager and employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, etc., at the City's expense. SECTION 31. LEAVE OF ABSENCE W.1TH0QT PAY Leave of abseRGe without pay May ORIY be gFanted by the City MaRageF and . The City Manager may grant a regular employee a leave of absence without pay for a period not to exceed one (1) year. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the classification held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Such leave of absence shall not be counted as a break in service for purposes of satisfying the continuous employment requirement for vacation allowance. An employee on leave of absence without pay does not accrue sick leave, vacation time, or receive benefits while on leave. Such employee does not lose or forfeit any sick leave or unpaid vacation time that had been accumulated prior to the time being granted. SECTION 32. RESIGNATION An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation. Failure to give such notice shall mean the employee did not terminate in good standing, unless by reason of hardship and upon that employee's request, the City Manager has waived the two- week notice requirement. SECTION 33. ANTI -NEPOTISM PROVISION A. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council Members; 2. Standing Board and Commission members; 3. Management Team Members of the City; 5. Employees of the City Manager's Department; or 6. Employees of the Personnel Department. B. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority; Rules Resolution No. 2005 -XX Page 17 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or morale, an employer may refuse to place both spouses in the same department, division, or facility if the work involves potential conflicts of interest or other hazards greater for married couples than other persons. E. "Relative" means child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in-law, or another individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to the City. G. For business reasons, these sections shall be enforced to address the marriage of employees in the City's employment, within six (6) months of said marriage. H. Exceptions to this section may be made by the City Manager in unusual circumstances where the concerns addressed by this policy are not implicated. Any appeal of the enforcement of this section shall be in accordance to the City's grievance procedures. SECTION 34. NON-DISCRIMINATION No person, the City, shall be training, prornoti.c administration bei status, sex, age;'' opinions or` affiiliati medical condition, SECTION 35. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES Moo ■ No person, the City, shall be training, prornoti.c administration bei status, sex, age;'' opinions or` affiiliati medical condition, SECTION 35. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES Rules Resolution No. 2005 -XX Page 18 It is the intent of the City to offer fair and equitable appeals procedures for employee's performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evaluation. B. The employee may respond in writing to the contents of the evaluation. The employee must submit this response to the Department Head within five (5) working days immediately following receipt of the evaluation. C. The Department Head, as the reviewing official, shall respond in writing to the employee within five (5) working days. This response becomes an official part of the evaluation. D. If the Department Head does not respond or if the employee chooses to continue to appeal following the response from the reviewing official, the employee must submit an additional written response to the Personnel Officer within five (5) working days after receipt of the reviewing official's response. E. The Personnel Officer shall review the evaluation appeal within five (5) days with the employee, supervisor and Department Head. Every effort will be made at this level to resolve the appeal. If the Personnel Officer and City Manager are the same, the appeal shall proceed directly to the City Manager. F. If the matter is not settled, a written appeal may be submitted to the City Manager by the employee within five (5) working days following the decision rendered in writing by the Personnel Officer. G. The City Manager shall review the appeal with the employee, supervisor, Department -Head and Personnel Officer. The decision shall be rendered in writing within fifteen (15) working days by the City Manager, and the decision of the City Manager shall be final. SECTION 36. POST OFFER PHYSICAL EXAMS As a condition of an offer of City employment all candidates must successfully pass a post -offer physical and substance abuse exam and are subject to fingerprinting and a background investigation. The candidates being considered for employment will be sent to a City authorized physician at the City's expense. SECTION 37. EMERGENCY CALL -OUT POLICY The following Emergency Call -Out Policy shall be adhered to: Rules Resolution No. 2005 -XX Page 19 A. When a full time employee or part-time, other than an exempt employee, is called out for a City emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time it takes to rectify the problem. B. The employee shall be paid overtime per Section 12. SECTION 38. ADMINISTRATIVE LEAVE Exempt employees are allowed eighteen (18) hours of administrative leave per fiscal year. Executive Management employees are allowed thirty-six (36) hours of administrative leave per fiscal year. Additional days of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above 40 hours per work week. Administrative leave may be accumulated and carried over to the following year for a maximum of two years. Administrative leave must be used by June 30 of the second fiscal year. Requests shall be submitted to employee's immediate supervisor for approval then forwarded to the City Manager for approval. Use of Administrative leave will be authorized at the convenience of the City and the work schedule. SECTION 39. MEDICARE Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City will match the 1.45 percent as mandated by law. SECTION 40. IMMIGRATION REFORM AND CONTROL ACT OF 1986 In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation. SECTION 41. EXTENDED BENEFITS — COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for the time period set forth by law, at their expense. SECTION 42. TUITION REIMBURSEMENT Rules Resolution No. 2005 -XX Page 20 Subject to Council fiscal year budget authorization, each full-time and regular part-time (on a pro -rated basis) employee shall be entitled to reimbursement in the amount of $5W 1500 per fiscal year, for college -level or university -level educational courses (including tuition and related books), which have been approved by the Personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. SECTION 43. PERSONAL EOMPUTER"PURCHASE LOAN PROGRAM All designated offrO,als and full tlm� an d r gta r pert tiro er>rploye s are eligible to receive interest free loads biwean��� €t purpese of financing a personal computer, trriter, in car O� comp tible s ft are sc� they can learn and'gain ex by varc ri ti ► h a Pers n C ornputer sway fibra ti�i office and outside of regrlr „burnes,'er►rloee rnay'` puchise a r�rr. expensive system, bufhelshe rriust pay the balance trrer`$,5tl Thi loan covers 90¢/0 of the total; prl !ef the a ""Alp �r r� b In ..pur�ased 1`he employee pays the' ren�ainiCig f�tif� °� pce �a tle P�d��"Al antis are made on a' first-come,. fist t ' f� 1 l sed 'err a rPabi �r� s it i rw rtto ey for the emp.lo�ee Ic ari5 has; been' o p ted fl Es v l P �, a "I t r�auc l payroll deductians frnr puistan�[rrg 011 Mill ftn aeuld become available. Loans iivill �e fad ,66 6 prn rr 024''m�ntha� anil' 11 be repair through payroll deduct ons'o'n a bt'' I' ` basis; SECTION 44. PART TIME EMPLOYEES' RETIREMENT Effective July 1, 1991, intermittent and seasonal part-time employees will be covered by a retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to the maximum provided by law. The employer's tax rate is the same. Election workers and emergency workers are excepted from coverage, under this section. Regular part-time employees are covered under the State Public Employees' Retirement System (PERS). SECTION 45. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence, or work of this Resolution be rendered or declared invalid by any final Court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect. Rules Resolution No. 2005 -XX Page 21 SECTION 46. Resolution No. 2004 -XX is hereby repealed in its entirety. PASSED, ADOPTED AND APPROVED THIS day of , 2005. Wen Chang, Mayor I, Linda C. Lowry, City Manager of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a 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: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar Agenda # 7-1 Meeting Date: June 21 2005 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of �e City Council VIA: Linda C. Lowry, City Manager TITLE: A RESOLUTION OF THE CITY OF DIAMOND BAR ESTABLISHING A FEE FOR BUSINESS REGISTRATION AND BUSINESS REGISTRATION RENEWAL AND AMENDING THE EXISTING FEE SCHEDULE TO INCLUDE BUSINESS REGISTRATION FEES AND REDUCE THE ZONE CLEARANCE FEE FOR A BUSINESS CONCURRENTLY REGISTERING AND OBTAINING A ZONE CLEARANCE. (PUBLIC HEARING CONTINUED FROM MAY 3, 2005) RECOMMENDATION: Adopt City Council Resolution No. 2005 - BACKGROUND/ DISCUSSION: City Council approved the first and second readings of Ordinance No. 06 (2005) at the May 3 and May 17, 2005 meetings respectively. The Ordinance amended the Municipal Code in establishing a Business Registration Program to become effective on July 1, 2005. In reviewing the Business Registration Program over several study sessions, the Council also considered a fee for administering the program. The Council reviewed several fee scenarios that would off -set the cost of administering the program. At the January 18, 2005 study session, the City Council directed staff to prepare an ordinance that would implement an "In House" Business Registration Program. This would require businesses including home based businesses to register with the City and renew their registration annually. It would also require registration upon change of ownership or relocation within the City. Furthermore, existing businesses not already registered would be required to do so. This type of registration would require the business Owner to complete a simple application form furnishing basic information about their business. For new businesses, this would allow the Planning Division to verify zoning compliance. Ultimately the Council wanted to keep the fees at a minimum to market the City as "business friendly". The Council had discussed charging $10.00 for each new business registration and an annual renewal fee of $10.00. Since 1998, new businesses and home-based businesses are required to obtain a Zoning Clearance with a fee of $30.00 in order to conduct business within the City. As discussed at the January 18, 2005 study session, the purpose of a Zoning Clearance is to verify that a business is permitted in the City and at the requested location, pursuant to Development Code Section 22.46.020 (a). Residents who wish to operate a business out of their home are subject to a Zoning Clearance to ensure that the business operation meets the requirements of the City Code Section 22.42.070 (i.e., office space, storage, use hazardous materials, vehicle trips, noise, waste, etc.) and does not degrade the quality or integrity of the residential neighborhood. In the last two years, the City has approved approximately 61 home-based businesses. At the May 3, 2005 meeting, the Council reviewed the proposed Resolution to adopt a fee for the Business Registration Program. Staffs recommendation was to adopt a $10.00 fee for business registration and a $10.00 fee for annual renewal. City Council addressed the possibility of no fee, a $10.00 or $20.00 fee. Ultimately, Council did not draw a conclusion on this matter and the public hearing was continued to June 21, 2005. Attached for Council reference are minutes of the May 3, 2005 meeting, and Study Session minutes of January 18, 2005. Anticipating that the City Council would not wish to impose two fees on businesses, the proposed fee resolution amendment reduces the current Zone Clearance Fee for businesses to $20.00 from $30.00 to offset the burden of the new Registration Fee. NOTICE OF PUBLIC HEARING: Pursuant to Government Code Sections 66018 and 6062a, and Planning and Zoning Law Government Code Section 65091 (a) (3), the City placed a 118 page display in Inland Valle Bulletin and the San Gabriel Valley Tribune on April 22, 2005. This is a continued public hearing from the May 3, 2005 meeting. PREPARED BY: Ann J. Lungu, Associate Planner REVIEWED BY: Nancy Fong, Planning Manager Attachments: James DeStefano, Assistant City Manager 1. City Council Resolution No. 2005 — XX ; 2. City Council Minutes dated May 3, 2005; 3. City Council Study Session Minutes dated January 18, 2005; and 4. Ordinance No. 06 (2005). CITY COUNCIL RESOLUTION NO. 2005-, A RESOLUTION OF THE CITY OF DIAMOND BAR ESTABLISHING A FEE FOR BUSINESS REGISTRATION AND BUSINESS REGISTRATION RENEWAL AND AMENDING THE EXISTING FEE SCHEDULE TO INCLUDE BUSINESS REGISTRATION FEES AND TO REDUCE THE ZONE CLEARANCE FEE FOR BUSINESSES A. RECITALS. The City Council of the City of Diamond Bar has established various schedules of rates, fees and including but not limited to, rates, fees and charges for the processing of applications, issuance of permits and related public services. 2. Pursuant to the provisions of the laws of the State of California, the City of Diamond Bar is authorized to adopt and implement rates, fees, and charges for municipal services, provided that such rates, fees and charges do not exceed the estimated reasonable cost of providing such services. 3. California Government Code Section 66017 requires notice to be given, and data made available, at rates, fees and charges or the adoption of new rates, fees and charges, for Planning, Building and Safety and Public Works Divisions services (development fees) at a public hearing of this City Council. 4. California Government Code Section 66018 requires notice to be published in accordance with California Government Code Section 6062a and data made available concerning rates, fees and charges prior to conducting a public hearing with respect to the adoption of increases in rates, fees and charges for which no other procedures are provided by law. 5. Pursuant to Government Code Sections 66018 and 6062a., notice for amending the City's fee schedule was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on April 22, 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 1000, a local agency may provide notice by placing a display advertisement 118 page in one newspaper of general circulation. The City placed a 118 page display in the above-mentioned newspapers of general circulation ten days prior to the public hearing date. 6. On May 3, 2005, the City Council of the City of Diamond Bar conducted and a duly noticed public hearing with respect to the establishment of a Business Registration Program fee and a Business Registration Program annual renewal fee. At that time, the public hearing was continued to June 20, 2005. 7. After the adoption of an ordinance establishing a Business Registration Program and following due consideration of public testimony and staff analysis the City Council desires to amend the existing fee schedule to include the Business Registration Program fee and annual renewal fee and reduce the Zone Clearance Fee by the amount of the Business License Fee . B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby specifically finds and determines that, having considered the record as a whole adopts the following fees to be inserted into the City's fee schedule under the Planning Division Fee Schedule/Ministerial Review: Business Registration Fee - $10.00: and Business Registration Annual Renewal Fee - $10.00. Zone Clearance Fee - $30.00 (Fee shall be reduced by $10.00 for a business concurrently registering a business.) 3. This Business Registration Fee and Annual Renewal Fee for Business Registration and reduction of the Business -Zone Clearance Fee shall be effective and shall be implemented commencing July 1, 2005. APPROVED AND ADOPTED THIS 20TH DAY OF JUNE 2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. tu Wen P. Chang, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 20th day of June, 2005 by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: 2 MAY 3, 2005 PAGE 7 CITY COUNCIL C/Zirbes move MPT/O'Connor seconded, to adopt Ordinance No. 2005-23. Motion rried by the following Roll Call vote: AYES: COUN L MEMBERS: Herrera, Zirbes, MPT/O'Connor and M/Chang NOES: COUNCIL M BERS: None ABSENT: COUNCIL ME ERS: None 7.2 (a) APPROVE FOR FIRST READING ORDINANCE NO. 06(2005) ESTABLISHING BUSINESS REGISTRATION AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. (b) RESOLUTION NO. 2005-24: ESTABLISHING A FEE FOR BUSINESS REGISTRATION AND BUSINESS REGISTRATION RENEWAL AND AMENDING THE EXISTING FEE SCHEDULE TO INCLUDE BUSINESS REGISTRATION FEES. ACM/DeStefano stated that since incorporation in 1989 the City had contracted through a General Services Agreement with the County of Los Angeles to provide business license services for the D.B. There are about 200 types of businesses for which the County requires a license. The overwhelming majority of those 200 businesses do not exist in D.B. Instead, businesses usual to D.B. are restaurants, facilities that serve alcohol for on-site and off-site consumption and other similar types of land uses. Two years ago the County received about $28,000 for D.B.'s licensing service. During several study sessions over the past two years the City Council received information regarding business licensing and decided to bring business registration to D.B. in July 2005 for the purposes of determining what businesses occur in D.B. Staff believes there are approximately 1500 to 1800 businesses in D.B. and the City would like to learn about those businesses and provide them with a Certificate. In exchange for the Certificate the City would receive information on the type of business, business owner/operator, telephone numbers, contacts, etc. The list of business operations would provide the City with an inventory that could be provided to public safety services (police, sheriff and fire), better establish who was doing business in the City and provide a means by which the City could confirm the list of businesses within the two zip codes to ensure that business taxes were being properly apportioned back to the City from the State especially for home based businesses. Additionally, staff could establish the business conforms to the City's zoning. ACM/DeStefano emphasized that this registration was not regulatory it was not a tax and was not a business license. This was in fact a business registration offered for a low initial registration fee of $10 and a $10 annual renewal fee thereafter. He stated that the proposed fee is substantially lower than fees charged by other cities in California. Mr. MAY 3, 2005 PAGE 8 CITY COUNCIL DeStefano stated that businesses that are currently required to obtain a County business license would continue to register their business with the County . Staff is recommending that with adoption the resolution would establish an annual renewal date 12 months from original certificate date rather than all certificates coming due for renewal on January 1. ACM/DeStefano responded to C/Herrera that the first year of the program would be labor-intensive for staff. Subsequent years would not be because of the implementation of tracking software that would be used by the City. M/Chang opened the Public Hearing. With no one present who wished to speak on this item, M/Chang closed the Public Hearing. ACM/DeStefano responded to C/Zirbes that failure to register a business results in an initial doubling of the fee as indicated on Page 5, Section 5.200.120 A 1. C/Zirbes felt it was important for the City to be able to account for the businesses in the City for the sake of the consumers and it was also important for the City to know who was conducting what type of business in the neighborhoods for the sake of the residents. He said he found it difficult to place a fee on a home-based business and he proposed that both sections be approved with a change to the fee schedule for a zero startup cost for home-based businesses and zero annual renewal. All other businesses would pay a $20 initial fee and a $10 renewal fee. MPT/O'Connor suggested the program be implemented as recommended by staff and reviewed in one year for compliance and possible consideration of a change in the fee structure. M/Chang said that D.B. wanted to be a business -friendly community. However, it would cost the City about $75 for each registration and he would not feel comfortable with the City spending money on a program to benefit the entire community by subsidizing the home- based businesses. In addition, he felt it would burden staff to have differing criteria for registration. Council discussion ensued. C/Zirbes moved, M/Chang seconded to approve for first reading Ordinance No. O6(2005) establishing business registration and amending the Diamond Bar Municipal Code. Motion carried by the following Roll Call vote: MAY 3, 2005 PAGE 9 CITY COUNCIL AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor and M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None C/Zirbes moved, C/Herrera seconded to adopt Resolution No. 2005- 24: establishing a fee for business registration and business registration renewal and amending the existing fee schedule to include business registration fees with the following revision: That home- based businesses be charged a zero initial fee and a zero renewal fee and that all other businesses would be charged $20 for the initial fee and $10 each year thereafter. MPT/O'Connor referred to Council Study Session Minutes for January 18, 2005 and said that during discussions the Council Members generally agreed to the $10 fee. She felt that the resolution should stand as written with the provision that the matter come back to the Council in one year for further consideration. C/Zirbes reiterated his desire to have the fees changed. M/Chang stated that the Council had discussed this matter for two years and felt that the Council had reached concurrence to lower the fee from $75 down to $10 to be business -friendly in spite of the fact that the City would be subsidizing the program. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Zirbes NOES: COUNCIL MEMBERS: MPT/O'Connor, M/Chang ABSENT: COUNCIL MEMBERS: None MPT/O'Connor moved, M/Chang seconded to adopt Resolution No. 2005-24: As presented by staff. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS: MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: Herrera, Zirbes ABSENT: COUNCIL MEMBERS: None CA/Jenkins suggested that M/Chang's recommendation to reschedule the matter for Study Session was one alternative. Another alternative would be that since the Ordinance would not take effect until 30 days after the Second Reading and that the Council would have a 5`h member after June 7th, the Resolution could be put back on the June 21 agenda. A third alternative would be to reach a compromise. MAY 3, 2005 PAGE 10 CITY COUNCIL Council concurred to have the Second Reading placed on the June 21 agenda. 8. COUNCIL%1 ONSIDERATION: None 9. COUNCIL SU COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Zirbes underst d the community's interest in having a swimming pool and a sports complex. e City of Industry made an offer to D.B.H.S. that should be considered by th Walnut Valley School District. Both land and money are scarce at this time a d careful consideration needs to be given to what amenities the City can fford. Last week he and MPT/O'Connor met with Sup. Don Knabe to di uss the possibility of a shared agreement for construction of a new libra in D.B. C/Zirbes said he expected the City would hear back from the Supe or within the next 30 days. He thanked the Friends of the Library for alio g him to participate in their Wine Soiree. The event was very well attended an he congratulated everyone associated with the Soiree. He encouraged res ents to continue calling him with their recommendations and concerns. C/Herrera attended the Council of Africn-American Parents Cultural Fair on Saturday and it was a great event. She It it was important for everyone to remember his/her heritage. She also \studts ed the Wine Soiree and it appeared to be one of the most succesvents ever presented by the Friends of the Library. C/Herrera apprehearing from the D.B.H.S. coaches and students/swimmers. She dt want residents to get the impression that a swimming pool isnot imt the City. The City Council has discussed this matter for a number rs a d it is part of the Sports Complex study. The City is proud of whstud is achieve and it is a matter of whether the City can affordtode all o the amenities that it would like to have. Currently, there are orojects s h as a new library competing for City funds. A library could 9 million or ore andasports complex and swimming pool $5 million re and altho h the City has 000d reserves it also has very serious ecic develoamen roblems that have to be addressed. D.B. is losing between $800,000 to $1. million per year in the very near future and the City must bring in new busin ss that will replace the sales tax dollars that will be lost. It is a serious situat\ed an example, the Diamond Bar Center costs the City about $350,000 to maintain and other facilities such as a library and a sports comuld require significant ongoing maintenance and operational funds asB.is losing major tax contributors and the State of California is w'ngabout $400,000 in tax dollars a year that would otherwise come tiD.B, needs to invest the money it has on hand to bring new businehCity so that it can afford to do the things the residents want done. isoff to a good start in its quest to add new businesses such as Tnd perhaps a Sears to replace Kmart. CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JANUARY 18, 2005 STUDY SESSION: Mayor Chang called the Study Session to order at 5:23 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Herrera, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; James DeStefano, Assistant City Manager; David Doyle, Assistant City Manager and Acting City Clerk; David Liu, Director of Public Works; Bob Rose, Community Services Director; Ken DesForges, IT Director; Linda Magnuson, Finance Director; Nancy Fong, Planning Manager; Ann Lungu, Associate Planner; Sharon Gomez, Senior Management Analyst; April Blakey, Public Information Manager; and Tommye Cribbins, Executive Asst. ► Business Licensing: ACM/DeStefano reviewed prior Council discussions on the matter of Business Licensing in the City and indicated that staff was recommending that Council allow staff to develop appropriate Ordinances and Resolutions to move the City into a Business Registration program with an initial fee of $30, an annual renewal of $10.00 and continue with the Los Angeles County Business Licensing. At Council's direction staff would take all necessary steps toward formal adoption and implementation by July 1, 2005. MPT/O'Connor asked why staff was recommending a renewal fee. ACM/DeStefano responded that revenue from renewal fees would allow staff to maintain inventory for marketing economic development and assure that the City was receiving the proper sales tax if the business were determined to be a sales tax producing entity. MPT/O'Connor asked if staff believed the home-based businesses would come forward. ACM/DeStefano said there was no certainty that home-based businesses would reveal their business. However, staff would work with the Chamber to market the City's reasons for implementing a process that would include an opportunity for those businesses to be listed and become known as a provider of services to the community. MPT/O'Connor expressed concern about the motivation of the program. C/Zirbes said that the ordinance would contain a first violation fine of not less than $100 for operating in the City without a business registration. In his opinion there were numerous good reasons to register businesses and felt the City JANUARY 18, 2005 PAGE 2 CC STUDY SESSION should move forward. He was concerned about charging $30 for the initial registration and felt the charge should be lowered to a $10 one-time charge. Personally, he would prefer to have a no -cost registration fee but understood there was an initial cost for software and staff time. He also felt it might take a couple of years to get everyone to participate in the program. MPT/O'Connor asked if the goal was to register everyone who did not have a business license or businesses including those that have -a business license with the County of Los Angeles. ACM/DeStefano stated that in staff's view all business and all individuals conducting business in the City should be included in the Business Registration list. For example, the Mary Kay person working out of her home, the roofing contractor who comes into the City to roof a house as well as a business operator who was located within the City would be included. He confirmed to MPT/O'Connor that business registration would apply to Waste Management and Valley Vista. M/Chang said that in spite of future problems he felt there would be more benefit to the City and its businesses with implementation of this program. He agreed with C/Zirbes that the program should be easier to implement by establishing a $10 one-time registration fee and believed it would be appropriate to charge a $10 annual renewal fee. MPT/O'Connor asked if each individually licensed cosmetologist doing business inside a beauty salon would have to register under the program. ACM/DeStefano responded that a determination had yet been made for those types of situations. CM/Lowry felt it would be useful for the City to know how many individuals worked within each business because the City has no idea how many people drive to D.B. to work each day and this program would allow the City to capture information useful to economic development. ACM/DeStefano stated that this type of program is very common to other cities. The programs are conducted differently and cities charge significantly more than this Council is contemplating. C/Herrera agreed with the $10 fee. MPT/O'Connor concurred. ACM/DeStefano concluded that Council's direction was to move forward to implement the program based on a $10 startup registration fee and a $10 annual renewal fee and said that staff would report back to the Council in about eight weeks. ORDINANCE NO. 06 (2005) AN ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING BUSINESS REGISTRATION AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does hereby ordain as follows: Section 1. Title 5 of the Diamond Bar Municipal Code is amended by adding thereto a new Chapter 5.200 to read as follows: Chapter 5.200. Business Registration Division 1. General Regulations Section 5.200.010. Definitions. The following words, terms and phrases, when used in this title, shall have the meanings ascribed to them in tn;s section_ except where the context clearly indicates a different meaning: Business means any employment avocation. occupation, profession, trade, calling, lawful game, sno�%. exn,biticr, event. venture, fund-raising activity, commercial enterprise, company, corporation. joint enterprise, place of business. partnership or other activity or enterprise engaged irror gam. pro`r, E)enefn. advantage. or livelihood whether or not a gain, profit, benefit, advantage cr I�ve!ihooc is earned ov such business. Branch Estabi�sr?ment means a location where a business is conducted in addition to its main or axed place o` u,_,siness. Business Reoistrarron means a process provided for in this chapter by which each business owner r•,aving a Ousiness or is doing business in the City is required to provide general information to the City. Business Registration Certificate means a written statement issued by the City to a business owner as evidence of registering a business in the City. City means the city of Diamond Bar. Home Based Business means a business conducted within a single-family residential dwelling unit or residential site. employing occupants of the dwelling unit, with the business activity being subordinate to the residential use of the property. Person means and includes any business owner, individual, firm, co -partnership, joint venture, association, corporation, estate, business trust, or any other group orcombination acting as a unit. Premises means all lands. structures, 'la, --es and also the personal property, equipment and appurtenances connected or used in any business. Section 5.200.020. Purpose. The purpose of this chapter is to establish a regulatory mechanism whereby the City may maintain accurate record of businesses conducting business in the City, for statistical purposes and to assist in zoning compliance. Section 5.200.030. Business Registration and Pee Required. A. Business Registration. No person shall conduct any business in the City without first having obtained a Business Registration Certificate, paid the applicable business registration fee and complied with any and all applicable provisions of this code. 2. When a business registration fee is imposed upon any business pursuant to this chapter and such business is conducted at one or more fixed place of business and one or more branch establishment. the fee shall be computed as if each fixed place of business and branch establishment are separate and independent. � a A separate Business Registration Certificate shall be obtained for each business location and for each separate type of business at the same iocation. Home Based Business shall be required to obtain a Business Registration r-ertificate prior to conducting business within a residential dwelling unit or on res!cential property. I7. a-,, L�us ness wnere a county, state. federal license is required, such license shall ne srow r to the City before a Business Registration Certificate is issued. ;�. SSus ness Registration Certificate shall not be issued to a business which requires V.,crKers Compensation Insurance until satisfactory proof of having Workers' Compensation Insurance is provided to the City. G Fac Reau!red- Ever` person engaging in business in the City shall pay a business registration fee as prescribed by resolution adopted by the City Council. 2 The business registration fee is not a revenue raising device, but shall bear a reasonable relationship to the service to be performed by the City and the costs incurred by the City in reviewing, processing and action upon the application. 3. The City Council shall, from time to time, review the resolution fixing the business registration fee and shall revoke. modify, adjust, add or determine any amount or rate of such business registration fee. Section 5.200.040. General Application Procedures. A. Every person operating a business in the City shall apply to obtain a Business Registration Certificate. Upon receipt of a completed application and any fee required. the City shall process the application and issue a Business Registration Certificate. The application may be reviewed by other City departments or governmental agencies to determine if the business premises to be occupied meet the requirements of federal, state. and local laws. B. Contents of Application. 1 . Each business registration application shall contain the following: (a) Business name: 0 Business address; (c) Mailing address; (d) Phone number; (e) Fax number; (f) Employer I.D. Number (or Social Security number); (g) State resale permit; (h) State employer E.D. number: (i State contractors/business and profession license number (if applicable); (ji Type of business being conducted; (lc Days and hours of operation: (11 Start date; � m Type of ownership; mOwners or principai officers. co Description of all vehicles and mechanical equipment owned by or underthe ccntroi of the business. 12 Business license number: Business Registration fee paid: rlealtn permit number: ;s 1.IorKers Compensation Insurance Policy number, date and date of expiration if applicable: and Such other information as may be required by the application form or requested by the City for enforcement and administration of this chapter. Section 5.200,050. Contents of Business Registration Certificate. M Upon the payment for business registration. the City shall issue to the applicant a Business Reoistration Certificate which shalt contain the following: Type of business: 2. Name of business 3. Business location: 4 Business tax number, 5. Business owner, 6. Expiration date: 7. Amount of fee paid for business registration; and 8 Such other information as deemed necessary by the City. Section 5.200.060. Annual Renewal of Business Registration. A. Business registration fees shall be due and payable annually in advance B. Any person applying to renew a business registration shall submit to the City a completed renewal application and pay the renewal fee. Business Registration Certificates shall be renewed annually. Renewal shall occur prior to the last day of the month of the following vear that the Business Registration Certificate was issued. C. If deemed necessary. the City may establish alternative registration periods for individuals or businesses. In no instance shall a registration period extend for more than one year or iess than one day. Sector E.200.070 Refunds. No business reg�strat on fees or penalties collected shall be refundable. Sector 5.20L.08EI Duplicate Business Registration/Modification to Business Registration/ Transfer of 5usiness Registration. A DuDirvat Eusrness Registration. Upon filing a statement indicating that a Business deg stra..cr Certificate nas been lost of destroyed, and after paying a fee, a duplicate 5.:s�r.es-� Rec,stration Certificate shall be issued by the City. 5us!ness Reo stratior. Where a Business Registration Certificate is issued a troy } rc v ❑ersor: to engage in a business under a particular business name at a -at or me Business Registration Certificate may be amended to reflect the modrf,cat o- afte- paying the business registration fee. C `ra^.sfe' c• 5usfness Registration Certificate. Upon change of ownership, a Business �,pu strat:o. Certificate is transferable subject to the filing of a new application and paying the ousrness registration tee. Sect on „.20-.09L Business Registration Fee Received by Mail. Whenever an}, payment. statement, report or other communication is received after a deadline prescribed by this chapter. but is received in a sealed enveiope with a postmark dated on or before such aeadhne, the City may regard such payment, report or other communication as having been received within the appropriate time frame. Section 5.200.100 Posting and Keeping Business Registration Certificate. A. Any person engaging in business at a fixed location or branch establishment in the City shall keep a Business Registration Certificate posted in a conspicuous place upon the premises where the business is carried on. B. Any person engaging in business. but not operating at a fixed location or, branch establishment in the City. shall be in possession of a Business Registration Certificate at al times while on such business in the City. Section 5.200.110. Authority to Enforce/Entry to Inspect. A. Authority to Enforce. The City shall have authority to enforce each of the provisions of this chapter. The Los Angeles County Sheriff Department and other City departments shall render assistance in the enforcement of this chapter as may be necessary The Citi' Attorney is authorized to file a complaint against any persons found in violation of this chapter. B Entry to Inspect. The City, deputy sheriffs. fire inspector, an other City officers empowered to enforce the provision of this chapter, shall have the power and authority to enter into a business, free of charge and at any reasonable time, and required to see the Business Registration Certificate posted in a conspicuous place upon the premises. If the business does not have a Business Registration Certificate and/or posted Business Registration Certificate. the business owner is guilty of a misdemeanor. Section 5.200.120. Penalties for Delinquency/Action to Collect. A Penalties for Delinquency. Any person engaging in business in the City who fails to pay tree appropriate business registration fee shall be subject to the following penalties: ror failure to pay a business registration fee when due, the City shall double the fee cn the day following the last day of each consecutive thirty day interval following the :Iue Cate while the fee remains unpaid. �^ �ai,urc- tc secure a Business Registration Certificate to engage in business, the s:;s ress reglstration fee shall be due and payable from the first date the person oec :r tree business together with applicable penalties provided in subsection *r,!s se:;tion- Hcnc~ tc --efiec, Norwi:nstanding subsection A.1 . of this section, should court action be required to cLliec' any business registration fee and/or penalties, an additional penalty shall tie cnar;,ed equal to the cost incurred by the City for court action, including attorney fees. All penaft es shad De added to the business registration fee and shall become due and pavabie along witn the delinquent business registration fee. Sectior, x.200 1 K Withholding a Business Registration Certificate. The City shall withhold a Business Registration Certificate to engage in business from any person when there are pending vitiations of any City code against such person and/or business applying for a Business Registratcon Certificate, or when a debt is owed to the City as a result of a violation of this Code. Section 5.200.1 40 Appeal. Any person aggrieved by any decision of the City with respect to the issuance or denial of a Registration Certificate shall have the right to appeal to the City Council by filing an appeal with the City Clerk within ten (10) days of th- _ Ae of the action being appealed and paying any appeal fee determined by resolution of the City Council. Section 5.200.150 Remedies Cumulative. AE: remedies prescribed in this chapter shall be cumulative and the use of one or more remedies DV the City snali not prohibit the use of any other remedy for the purpose of enforcing the provisions of this chapter. PASSED. APPROVED AND ADOPTED THIS 17 h DAY OF —La–• 2005, BY THE CITY `UNCIL Or THE CITY OF DIAMOND BAR, Wen P Chang, Mayor 1 Linea C. Low7,,1,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 tr)e 3�- cav cf 2005 and was finally passed at a regular meeting of the City Council of the C�t,� of Diamond Bar held on the 7th day of V_a—, 2005 by the following vote: A� COurZcll Members: .,er: r .L . ;�_, be: .`3T/0'Ccnra:. kJM =,_7 r' � Council Members -W:..f' HESE .. Members. ;jncil Members Lcnaa C. L J, ; ity Clerk City of Diamon' Par CITY COUNCIL Agenda # 7.2 Meeting Date: June 21 2005 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Adopt Resolution No. 2005 -XX to approve Tentative Tract Map No. 062482, Development Review No. 2005-05 and Tree Permit 2005-03 for the construction of 180 condominiums on 14.3 acres of land in the Specific Plan Sub -PA 2, and 3 zones; to remove up to 20 Oak trees; and to retain 25.5 acres of vacant land in Specific Plan Sub -PA 4 zone as Open Space. The project site is located on the west side of Grand Avenue, south of Golden Springs Drive — APN: 8293-045-04 and 05. The proposed development including the removal of trees is consistent with and is an implementation of the Diamond Bar Village Specific Plan approved by the City Council on June 29, 2004. Recommendation: Approve and adopt. Planning Commission Action: The Planning Commission recommended approval of the Tentative Tract Map No. 062482, Development Review No. 2005-05 and Tree Permit 2005-03 on May 24, 2005. Financial Implication: The private development containing 180 homes, private streets and amenities will have a minimum impact which is offset by a substantial increase in property value. The development of the project was intended to generate one time revenue of $2 million per the Development Agreement for the Diamond Bar Village Specific Plan approved by the Council on June 29, 2004. Because the payment schedule was based on 200 units, the Development Agreement would need to be amended to ensure the $2 million revenue. The Council will be considering the amendment next month. Background: In June of 2004, the City Council approved a General Pan Amendment, a Zone Change, a Development Agreement, and a Specific Plan with the purpose of guiding and facilitating a 70 acre mixed use development, located at the southwest corner of Grand Avenue and Golden Springs Drive. The Diamond Bar Village Specific Plan divides the project area into 4 Sub -Planning areas and the proposed condominium project is within Sub -Planning Areas 2, and 3. The approval of the Specific Plan includes a maximum of 170,000 square feet for commercial development, a maximum of 200 units, a master plan of 50,000 square feet for the Calvary Chapel and 25.5 acres of open space. Concurrently, the City Council certified an Addendum to a previous Environmental Impact Report, which provides environmental clearance for the entire project area. On April 26, 2005, Planning Commission approved with conditions the commercial project incorporating a 130,000 square feet Target store and two restaurant/retail pads. Target project is on an existing parcel. When Target proposes to subdivide the parcel for the two restaurant/retail pads, then the project will be forwarded for Council review. Discussion: On May 24, 2005, the Planning Commission conducted a public hearing to review the proposed project from Brookfield Southland Holdings LLC. They propose to build 180 condominiums consisting of 70 single family houses and 110 townhouses. The proposed number of units is less than the approved 200 units under the Specific Plan. There are six floor plans for the townhouses and their sizes range from 1,621 square feet to 2,268 square feet. There are four floor plans for the single family houses and their sizes range from 1,415 square feet to 1,773 square feet. According to representatives from Brookfield Homes, they estimated that construction may begin in August of this year with the units available for sale in June or July 2006. They plan on having a sales trailer at the site during construction until the model units are built in April, 2006. The detailed analysis of the project is contained in the attached May 26, 2005 Planning Commission staff report. At the May 24, 2005 Commission hearing, residents from the Montefino complex above the Brookfield site raised concerns on the stability of the slope and the removal of trees. Staff responded that initially the developer proposes to remove 20 trees. Based on the latest arborist report, which surveyed a total of 32 trees, it was determined that 9 Oak trees need to be removed for sure with 10 more trees to be considered at the time of grading. Of the additional 10 trees, only 3 are Oak with the rest consisting of elderberry and toyon which are not protected by the Tree Preservation Ordinance. The developer has indicated a willingness to preserve as many Oak trees as feasible on site. By approving the removal of up to 20 trees, the applicant would not need to process another tree permit later in case they need to remove more than 9 trees, which would delay the grading and the construction of the project. With respect to the stability of the slopes, staff responded that the developer is not grading into the slopes that are within the 25.5 acres open space. Furthermore, the geotechnical report for the project has been approved by our geotechnical consultant, Leighton & Associates. At the Planning Commission meeting, the developer agreed to meet with the concerned residents to explain and review the proposed project with them. The meeting was held on June 9, 2005 in the AQMD building with staff participation. Three residents representing Montefino complex attended the meeting and after the developer's presentation together with questions and answers, they were satisfied and did not have further concerns. Also at the Planning Commission meeting, there were two residents who spoke in favor of the project. After taking in public input and at the close of the public hearing, the Planning Commission determined that the proposed project with the conditions will create an aesthetically pleasing, distinctive identity and a sense of place. The Commission believed that the project will provide a variety of housing for Diamond Bar. As a result, the Planning Commission by a unanimous vote recommended approval to the City Council. Prepared By NP Fong] f AICP Planning Mana er Attachments Reviewed By Jim De Stefano Assistant City Manager I . Draft City Council Resolution of Approval 2. Planning Commission Staff Report without attachments and Minutes dated May 24, 2005 3. Exhibit "A" — Development Plans CITY COUNCIL RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE TRACT MAP NO. 062482, DEVELOPMENT REVIEW NO. 2005-05, AND TREE PERMIT NO. 2005-03 FOR THE CONSTRUCTION OF 180 CONDOMINIUMS ON APPROXIMATELY 14.3 ACRES OF LAND, THE REMOVAL OF UP TO 20 TREES, AND THE RETAINING OF 25.5 ACRES OF VACANT LAND IN SUB -PLANNING AREA 4 AS OPEN SPACE WITHIN THE DIAMOND BAR VILLAGE SPECIFIC PLAN, LOCATED AT THE WEST SIDE OF GRAND AVENUE AND SOUTH SIDE OF GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 8293-045-004 AND 005. A. RECITALS 1. Brookfield Southland Holdings LLC (the Applicant) has filed an application for the approval of 180 condominiums and the removal of approximately 20 trees as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map, Development Review and Tree Permit requests shall be referred to as the "Application." 2. On May 13, 2005, public hearing notices were mailed to approximately 663 property owners within a 700 -foot radius of the project site. On May 13, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, on May 13, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On May 24, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application, concluded said hearing on that date, and recommended approval of the project to the City Council, 4. On June 10, 2005, public hearing notices were mailed to approximately 663 property owners within a 700 -foot radius of the project site. On June 10, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, on June 11, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 5. On June 21, 2005, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application and concluded said hearing on that date. 6. All legal prerequisite prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved bythe City Council of the City of Diamond Bar as follows: 1. This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Council during the above referenced hearing on June 21, 2005, including written and oral staff reports, this Council hereby specifically finds as follows: (a) The Application applies to property generally located at the west side of Grand Avenue and south side of Golden Springs Drive, and is presently undeveloped but rough graded. (b) The project site is zoned Specific Plan Sub -Planning Areas 2 and 3 of the Diamond Bar Village Specific Plan. (c) South of the site is existing multi -family use and zoned Medium Residential (RPD -8000). West of the site is the existing Calvary Church facility and is zoned Specific Plan. North of the site is the recently approved Target project and zoned Specific Plan. East of the site is a developed commercial center and an apartment complex. It is zoned Commercial, Office and Medium Residential (R-4). (d) The Application with its site plan, building design, landscaping, and grading are in conformance with the development concept of the Diamond Bar Village Specific Plan. (e) The site has provided sufficient parking spaces meeting the City's minimum requirement to accommodate the proposed project. (f) The Application conforms to the development standards and design guidelines contained in the Diamond Bar Village Specific Plan. (g) On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a Conceptual Site Plan that illustrates the Pa development concept. The proposed project is a Design Review and it is determined that the project design is in conformance of the Specific Plan Conceptual Site Plan. Furthermore, it is determined that no new environmental issue have been identified and that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exist, therefore no further environmental review is required. 3. The Council hereby specifically finds and determined that having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Council that the proposed project herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Council hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based upon substantial evidence presented to this Council during the above referenced public hearing and upon specific findings of facts set forth in paragraphs 1, 2 and 3, this Council hereby finds and concludes as follows: Tentative Tract Ma (a) The proposed subdivision including design and improvements is consistent with the General Plan and the Diamond Bar Village Specific Plan, and complies with all applicable provisions of the Development Code and Municipal Code, and the Subdivision Map Act. The proposed subdivision is consistent with the General Plan. Economic Development is a goal of the General Plan and the proposed project will implement this goal. The proposed project, its use and density, is in conformance with the residential section of the Diamond Bar Village Specific Plan. The design of the project and the required improvements together with conditions of approval complies with all applicable previsions of the Development Code and Municipal Code, and the Subdivision Map Act. (b) The site is physically suitable for the type or proposed density of development. There were previous grading activities where the site was rough graded and a flat pad was created. The site is physically suitable for the proposed development of 180 condominiums. (c) The design of the subdivision or the proposed improvements is not likely to 3 cause substantial environmental damage or injure fish or wildlife or their habitat, or cause serious health or safety problems. The proposed project does not cause substantial environmental damage; injure fish or wildlife or their habitat. The proposed project does not cause serious health or safety problems. The proposed project includes the preservation of 25.5 acres of vacant land as open space. (d) The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the subdivision. (e) The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQ). On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a Conceptual Site Plan that illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in conformance of the Specific Plan Conceptual Site Plan. Furthermore, it is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exist, therefore no further environmental review is required. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). A conceptual site plan was approved with the Diamond Bar Village Specific Plan. The design and layout of the proposed project is consistent with the previously approved conceptual site plan. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing orfuture developments, and will not create traffic or pedestrian hazards. The conceptual site plan approved under the Diamond Bar Village Specific Plans shows a mixed use development consisting of a mix of commercial, institutional, office and residential uses. The design and layout of the C! proposed residential project will compliment the neighboring uses and will provide an integrated development that reduces traffic conflict and encourages pedestrian to walk. (i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed architectural styles for the single family house and townhouses together with the conditions of approval meets the intent of the design guidelines of the Specific Plan. Q) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed project will provide a desirable environment forits occupants and visitors of residents. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed project will improve the property and add value and positive impact to the City. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a Conceptual Site Plan that illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in conformance of the Specific Plan Conceptual Site Plan. Furthermore, it is determined that no new environmental issue have been identified and that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental QualityAct Guidelines (CEQA) exist, therefore no further environmental review is required. Tree Permit (m) The trees interfered with utility services, or streets and highways, either within or outside of the subject property, and there is no reasonable alternative exist other than removal of the trees. (n) Preservation of the trees are not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with section 22.38.130 (Tree replacement/relocation standards). The developer is proposing to remove approximately 20 trees. At the time of reviewing the Diamond Bar Village Specific plan, the grading of the site and the removal of trees as a result of the grading has been considered and addressed. Therefore, the proposed Tree Permit is an implementation of the Diamond Bar Village Specific Plan. The developer would be required to replace the removed trees at the ratio of three trees to one removed tree. According to a recently updated arborist report, a total of 32 trees were surveyed for impact by grading activities within the project boundary. The arborist determined that 9 oaks and 5 elderberry will need to be removed with possible five additional trees (3 oaks, 1 elderberry and 1 toyon). With respect to the five additional trees that may be impacted by grading activities, the developer proposes to protect two oak trees in place if feasible. 5. Based upon the findings and conclusions set forth in the above paragraphs 1 through 4, the Council hereby approves the Application subject to each and every conditions set forth in Exhibit "A" attached hereto and incorporated herein by this reference thereto. 6. The City Clerk shall: (a) Certify to the adoption of this Resolution. (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code Section 6061. PASSED, APPROVED AND ADOPTED THIS DAY OF 2005 BY; Wen Chang Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the of , 2005 by the following vote: on AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar 7 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 062482, DEVELOPMENT REVIEW NO. 2005-05, AND TREE PERMIT NO. 2005-03 a. General (1) The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the Planning Commission collectively attached hereto as Exhibit "A." (2) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (3) All conditions of approval contained in Development Agreement No 2004-01 and under Ordinance No. 04 (2004) shall apply. (4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of the Tentative Tract Map, Development Review and Tree Permit at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays all remaining Planning Division fees. (5) In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Tract Map No. 062482, DR 2005 -Or and TP 2005-03 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: M (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. (6) Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval, if applicable. (7) Applicant shall pay development fees including but not limited to Planning, Building and Safety, Public Works and Engineering Divisions and Mitigation Monitoring at the established rates, prior to final map approval, issuance of building or grading permit, whichever comes first, as required by the City. School fees shall be paid prior to the issuance of building permit. Traffic fees and Quimby fees shall be paid prior to release of occupancy. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation as required by the City. (8) The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. (9) The approval of DR 2005-05 and TP 2005-03 shall expire if building permits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one year time extension subject to Planning Commission approval. (10) All conditions of approval shall be completed to the satisfaction of the Assistant City Manager prior to the release of occupancy for the last unit. (11) Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Specific Plan in effect at the time of building permit issuance. (12) The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of W, Incorporation of the Homeowners' Association are subject to the approval of Planning and Engineering Division and the City Attorney. They shall be recorded to the satisfaction of Assistant City Manager prior to release of occupancy of the first unit except for model homes. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each year and every year and whenever said information changes. (13) Applicant shall contribute funds per the City Fee Resolution against which charges can be made by the City or its representatives for services rendered. Charges shall be in accordance with the established fee schedule. Applicant shall sign an Agreement for Payment for securing the funds for the costs related to the processing of the project. b. Planning (1) This approval is for 180 condominiums consisting of 70 single family houses and 110 townhouses within Diamond Bar Village Specific Plan Sub -Planning Areas 2 and 3. (2) A Lot Line Adjustment shall be submitted by the Applicant and/or the master developer, Lewis -Diamond Bar LLC, for City Engineer review and approval prior to plan check. (3) Revised site plans and building elevations incorporating all conditions of approval shall be submitted for Assistant City Manager review and approval, prior to issuance of building permits. (4) All site, grading, landscape and irrigation plans shall be coordinated for consistency subject to Assistant City Manager review and approval. (5) A detailed on-site lighting plan, including a photometric diagram shall be reviewed and approved by the Assistant City Manager prior to issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. (6) If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. (7) All ground -mounted utility appurtenances such as transformer shall be located out of public view to the extent possible and screened, subject to Assistant City Manager review and approval. 10 (8) All building numbers and individual units shall be identified in a clear and concise manner including proper illumination Per City and Los Angeles County Fire Department standards. (9) The applicant shall submit a construction access plan and schedule for the development of all lots/units for Assistant City Manager and City Engineer approval; including, but not limited to , public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. (10) All parkways, open space areas, and landscaping shall be permanently maintained by the property owner, homeowners' association. (� 1) A detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and comply with Development Code sections 22.24 and 22,26; and, shall be submitted for Assistant City Manager review and approval prior to issuance of building permits. The City may elect to use consultant services for landscape and irrigation plan check at the expense of the applicant. (12) The removal of significant trees as noted in the City Tree Preservation Ordinance shall be replaced at a ratio of three trees to one removed tree. The applicant shall preserve two oak trees in place. If the preservation of the two oak trees is not feasible or the trees were damaged, the trees shall be replaced at the replacement ratio of one to three. The replacement trees shall be of a minimum of 24 -inch box size. (13) All slopes shall be landscaped and irrigated for erosion control. Landscape shall include trees, shrubs and appropriate ground cover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. (14) The applicant shall landscape and irrigate the debris basins and the areas around the debris basins. The design shall be subject to Assistant City Manager review and approval prior to issuance of building permits. (15) The intersection of Street "A" and the main driveway off Grand Avenue shall have special landscape treatment including small project identification sign, increase the number of trees, and use accent and specimen size trees subject to Assistant City Manager review and approval. 11 (16) Appropriate and sufficient irrigation shall be provided to the "Verdura" retaining wall. The applicant shall use fast growing plant materials that grow all year around. (17) All landscaped areas on site as well as the contiguous planted areas within public right-of-way shall be kept free from weeds and debris and maintained in a healthy and thriving conditions, and shall receive regular pruning, fertilizing, mowing and trimming. Any damaged, dead, diseased or decaying plant material shall be replaced within 30 days from the date of damage. (18) The signs indicated on the submitted plans are conceptual only and not part of this approval. A Comprehensive Sign Program for this development shall be submitted for Assistant City Manager review and approval prior to issuance of building permits except for model units. (19) The final design, pattern and materials for the textured pavement shall be subjected to Assistant City Manager review and approval. (20) The debris basins access roads shall be of all weather surface pavements. (21) The fence material for the private yard of each unit shall be of decorative block, or other similar material. The final design, material and color shall be subject to Assistant City Manager review and approval. (22) The single family house product shall have additional architectural treatment such as but are not limited to the following elements and subject to Assistant City Manager review and approval: window trim for all windows, stucco trim above the garage door, wrought iron faux balconies, potshelves, addition of small windows and/or other elements for the exterior garage wall, recessed niches with diamond patterns, etc. (23) The townhouse product shall have additional architectural treatment such as but are not limited to the following elements and subject to Assistant City Manager review and approval: hipped roof pop -out at second story, wrought iron faux balcony, arch shape windows, potshelves, decorative awnings to windows, etc. (24) The applicant shall submit standard design for patio cover within the private yard of the single family product, subject to Assistant City Manager review and approval. The approved design of the standard 12 patio cover shall be included in the CC&Rs. (25) The main entry gate and walls shall incorporate stacked stones or other enhanced material. The final design of the gate, the entry walls, and the call -box directory kiosk shall be subject to Assistant City Manager review and approval prior to issuance of building permits. (26) The pilasters for the emergency gate off Grand Avenue shall have stacked stones or other enhanced material and the gate shall have decorative pattern. The final design shall be subject to Assistant City Manager review and approval prior to issuance of building permits. (27) The applicant shall provide each prospective buyer a disclosure of the positive and negative impacts of the commercial development and the institutional use within Diamond Bar Village Specific Plan and in a format as determined by the Assistant City Manger, prior to accepting a cash deposit on any property or unit. C. Engineering/Public Works - Subdivision Ma (1) A tentative and final map shall be required in accordance with the Diamond Bar Subdivision Ordinance and the Subdivision Map Act. (2) This tentative tract map shall expire, unless extended bythe Planning Commission, if final map is not recorded or permit is not issued within three years from the date of approval. (3) Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior to final map approval. (4) Prior to final map approval and when final map is submitted for plan check, a title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted to the Engineering Division. The title report account shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. (5) Prior to final map approval, if any public or private improvements required as part of this tract map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate 13 security. Cost Estimates for all bond amounts shall be provided by the applicant and approved by the City Engineer. (6) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm drain improvement pians shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all public and private improvements. (7) The approval of the tentative map does not constitute approval of the details and/or notes as shown on the map. Any details or notes which may be inconsistent with requirement or ordinances, general conditions or approval, or City policies must be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative map upon approval by the Advisory Agency. (8) Provide lettered lots for common and HOA maintained areas, private driveways, debris areas, open space areas and the recreation areas. (9) If proposed, street names shall be submitted for City Engineer review and approval. (10) All identified geologic hazards within the tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (11) Prior to final map approval and the issuance of grading permit(s), surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. (12) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. (13) Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. (14) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the Subdivision, practical access forthe intended use. 14 (15) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final tract map for dedication to the City. (1 S) After the final map records, applicant shall submit to the Engineering Division, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. (17) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at no cost to the City for all on-site improvements. (18) All improvements for the subject tract map shall be coordinated with any existing or proposed developments including the commercial development to the north. (19) Applicant shall provide digitized information in a format defined bythe City for all related plans, at no cost to the City. (20) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the subdivision. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. (21) The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. (22) Street/Right-of-Way Dedications along Golden Springs Drive and Grand Ave. shall be recorded with the Los Angeles County Recorders Office prior to Issuance of Certificate of Occupancy. (23) Retaining wall design and calculations shall be submitted to the Public Works/Engineering division for review and approval concurrently with the grading plan check. (24) Provide decorative railing along A-Street at the top of slopes to protect pedestrian pathway subject to Assistant City Manager review and approval. d. Engineering/Public Works - Grading 15 (2) Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. (3) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and structural setbacks shall be considered and delineated prior to recordation of the final map; (c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (d) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans; (e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope; (g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (h) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base; and All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (4) Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and/or Los Angeles County Public Works Department and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. HER (5) Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. (6) A Standard Urban Stormwater Mitigation Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post - construction activities respectively. (7) All slopes in excess of five (5) feet in height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. (8) Slopes adjacent to Buildings shall have a minimum 3' setback from the building. Small (12"-18") retaining walls may be constructed to accomplish required setback. (9) Slopes adjacent to walkways shall be covered with jute material or equivalent and a 6-18" block wall shall be placed along walkways to prevent erosion onto the walkway. (1 a) An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. (11) No grading or any staging or any construction shall be performed prior to final map approval by the City Council and tract map recordation. Assistant City Manager may consider allowing the grading of the site before the recordation of map if the applicant is actively pursuing the recordation and security has been posted and an agreement has been executed to the satisfaction of the City Engineer and City Attorney guaranteeing the completion of the grading and the private improvements. (12) All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. 17 (13) Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. (14) Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (15) Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of each cluster of units/structure. Retaining wall permits may be issued without a rough grade certificate. (16) Final grade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering Division prior the issuance of any project final inspections/certificate of occupancy respectively. (17) Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. e. Engineering/Public Works - Drainage (1) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits except for model units, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. (2) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and/orthe Los Angeles County Public Works Department. (3) All identified flood hazard locations within the tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area". The Owner shall dedicate to the City the right to prohibit the erection of buildings or other structures within such areas shown on the final parcel map without proper mitigation. (4) A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. M] (5) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. (6) Prior to the issuance of a grading permit, a complete hydrology study and hydraulic calculations shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer. (7) Final plans for the existing drainage system, PD 1747, shall be submitted and accepted by the Los Angeles County Public Works Division prior to issuance of any grading permits. (8) All existing/abandoned drainage facilities of PD 1747, including but not limited to Reinforced Concrete Pipe, catch basins, etc., shall be removed prior to installation of new drainage facilities. (9) Debris basin access road surfaces shall be approved by City Engineer. (1 a) Gates shall be provided at the debris access roads to prevent access to non -maintenance personnel, Pedestrian access may be allowed if the debris basins are designed as passive open space. The location and design of pedestrian access shall be subject to Assistant City Manager review and approval. (11) A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Division for review and to the satisfaction of the City Engineer. Engineering/Public Works - Utilities (1) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (2) Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of 19 the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. (3) Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 13.04 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. (4) Coordinate the requirements for relocation and/or installation of additional street lights, Grand Ave. with the Los Angeles County Lighting Division and Southern California Edison. Incorporate all the requirements on the off-site improvement plans. The street lights shall be annexed into the County Lighting Maintenance District 10006 and Country Light District LLA -1 Diamond Bar Zone, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained prior to construction. g. Engineering/Public Works - Sewers (1) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this subdivision. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. (2) Each multi-family/cluster unit must be served by a separate and independent sewer lateral. Sewer laterals shall be constructed in accordance with the Los Angeles County Department of Public Works Standards. (3) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Sanitation District 21 and appropriate easements for all sewer main and trunk fines shall be shown on the final map and offered for dedication on the final map. (4) Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public 20 Works Division and County Sanitation District Standards prior to occupancy. h. Fire (1) All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. (2) Occupancy of the project shall not commence until such time as all Uniform Building Cade and Los Angeles County Fire regulations have been complied with. Prior to occupancy, plans shall be submitted to the Building and Safety Division and Los Angeles County Fire Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. Traffic Mitigations (1) All traffic mitigations shall be implemented and constructed in accordance with the Development Agreement and Conditions of Project Approval for the Diamond Bar Village Development prior to issuance of the certificate of occupancy. I I i I PLANNING COMMISSION nzoxrux�'�° �g9 AGENDA REPORT 21825 COPLEY DRIVE -- DIAMOND BAA, CA 91765 -- TEL. (909) 839-7030 -- FAX (909) 861-3117 — www.CityofDiamondBar.com AGENDA ITEM NUMBER: MEETING DATE: REPORT DATE: CASE/FILE NUMBER: PROJECT LOCATION: APPLICATION REQUEST: PROPERTY OWNERS: APPLICANT: STAFF RECOMMENDATION BACKGROUND: May 24, 2005 May 13, 2005 Tentative Tract Map No. 062482, Development Review No. 2005-05, and Tree Permit 2005-03 West of Grand Avenue and South of Golden. Springs Drive To construct a 180 condominiums consisting of 70 single family houses and 110 townhouses; and to remove approximately 20 oak trees Lewis -Diamond Bar LLC 1156 North Mountain Avenue Upland, CA 91785 Brookfield Southland Builders 3090 Bristol, Suite 200 Costa Mesa, CA 92626 Recommend approval to City Council In June of 2004, the City Council approved a General Pan Amendment, a Zone Change, a Development Agreement, and a Specific Plan with the purpose of guiding and facilitating a 70 acre mixed use development, located at the southwest corner of Grand Avenue and Golden Springs Drive. The Diamond Bar Village Specific Plan divides the project area into 4 Sub -Planning areas and the proposed condominium project is within Sub -Planning Areas 2, and 3. The approval of the Specific Plan includes a maximum of 170,000 square feet for commercial development, a maximum of 200 units, a master plan of 50,000 square feet for the Calvary Chapel and 25.5 acres. of open space. Concurrently, the City Council certified an Addendum to a previous Environmental Impact Report, which provides environmental clearance for the entire project area. The Diamond Bar Village Specific Plan established special development standards and design guidelines for the project area with the goal of creating an aesthetically pleasing, distinctive identity and a sense of place for Diamond Bar. On April 26, 2005, Planning Commission approved with conditions the commercial project, Target store and two restaurant/retail pads. Brookfield Homes is the builder for the residential project and the number of units they proposed to build is less than the approved 200 units under the Specific Plan. The remaining part of the Specific Plan is the master plan for Calvary Chapel, which will guide their expansion in the future. ANALYSIS: A. Site and Project Descriptions: The site now owned by Lewis Companies is approximately 39.8 acres in size and is generally undeveloped. The proposed condominium project is within Sub -Planning Areas 2 and 3 and is on 14.3 acres. Sub -Planning Area 4 is approximately 25.5 acres and remained as open space with no development other than the required drainage facilities. Due to previous grading activities, the 14.3 acres site (Sub -Planning Areas 2 and 3) is rough padded. B. Site and Surrounding Uses: The General Plan and Zoning for the site is Specific Plan. South of the site is existing multi -family use and zoned Medium Residential (RPD -8000). West of the site is the existing Calvary Church facility and is zoned Specific Plan. North of the site is the recently approved Target project and zoned Specific Plan. East of the site is a developed commercial center and an apartment complex. It is zoned Commercial, Office and Medium Residential (R-4). C. Application/Review Authoritx: The proposed project requires three applications. A Tentative Tract Map for the condominiums, a Development Review application for the design review of site plan, building design, landscaping, recreation areas, fencing and gates, grading, etc., and a Tree Permit for the removal of approximately 20 trees. According to the Development Code, all applications shall be processed simultaneously and reviewed by the highest review authority. Because the Tentative Tract map requires City Council review, the other two applications, the Development Review and the Tree Permit, will be reviewed by them. Therefore, the Planning Commission will review and forward a recommendation to the City Council. D. Tentative. Tract Map No. 062482: The proposed subdivision shows 3 lots with Lot 1 for condominiums purpose, and Lots 2 and 3 for slopes and driveways. The proposed house product types are 70 single family houses with garages and 110 townhouses with tuck -under garages. Besides the 180 condominiums, the 2 (hanancyldevelopment projectslbrookfieldlperpt 5124/05.doc) subdivision also shows the recreation area, the common open space areas, private drainage facilities such as debris basins, and drainage easements. There are a total of seven debris basins, which are needed to handle the possible debris and surface water coming from up -slopes. These debris basins are privately maintained by the future Homeowner Association for the project. For clarity, the Final Map will show these areas as separate letter lots including the proposed driveways "Streets A through D." E. Lot Line Ad'ustment: The master developer, Lewis -Diamond Bar LLC, has intended to submit a Tentative Parcel Map to reorganize the size and shape of the parcels to fit the proposed commercial and residential developments. Because the parcels are all existing and to expedite the process, Lewis proposes to adjust the configuration of the lot lines through a Lot Line Adjustment, which is acceptable under the State of California Subdivision Map Act. For the Final Map of this subdivision, it will only show one lot and the remainder areas such as recreation area, the common open space areas, debris basins, and driveways will be shown as separate letter lots. The areas for Lots 2 and 3 shown on the Tentative Tract will be incorporated into the Calvary Chapel parcel and the Target parcel as shown in Exhibit "A." A condition of approval is placed in the attached draft resolution. F. Tree Permit No. 2005-03: The developer is proposing to remove approximately 20 trees. At the time of reviewing the Diamond Bar Village Specific plan, the grading of the site and the removal of trees as a result of the grading has been considered and addressed. Therefore, the proposed Tree Permit is an implementation of the Diamond Bar Village Specific Plan. The developer would be required to replace the removed trees at the ratio of three trees to one removed tree. According to a recently updated arborist report, a total of 32 trees were surveyed for impact by grading activities within the project boundary. The arborist determined that 9 oaks and 5 elderberry will need to be removed with possible five additional trees (3 oaks, 1 elderberry and 1 toyon). With respect to the five additional trees that may be impacted by grading activities, the developer proposes to protect two oak trees in place if feasible. A condition of approval is included in the draft resolution. G. Development Review No. 2005-05: The proposed project is designed according to the Development Standards and the Design Guidelines contained in the Diamond Bar Village Specific Plan. SPECIFIC PLAN DEVELOPMENT PROPOSED PROJECT STANDARDS Front Yard: 10 feet Front Yard: 30 feet from Grand Ave and 10 feet from private driveway/street. Interior Side yard: 10 feet Interior Side Yard: varies from 6.5 feet to 20 feet (see analysis below) 3 ft/nancyldevelopment projectslbrookfielftcrpt 5/24/05.doc) Site Design: The site design concept in the Specific Plan showed that multi- family units are clustered around a common parking court, sometimes known as a "pod." The proposed project is similar to the approved concept in the arrangement of the units. The lower tier of units is townhouses and the upper tier of units is single family houses. The access to the project is through Grand Avenue from the shared main driveway with Target and Calvary Chapel. The project is gated with an entry kiosk for call box directory for visitors. There is an emergency access off Grand Avenue, which is gated. A centralized recreation area with amenities such as a small recreation building, swimming pool, Jacuzzi, barbecue facility and cabana is oriented at the main entry. a. Single-family "pod": The single family houses are clustered in two's, three's, four's, six's and eight's. The width of the common parking court is 26 feet. The size of the private yard for the single family house ranges from approximately 240 square feet to approximately 580 square feet. b. Multi -family pod": Similar to the single family "pods," the townhouses are clustered around a common parking court. Typically each "pod" has a 4 (hJnancy/development projectslbrookfield/perpt 51241D5.doc) Street Side Yard 10 feet Street Side Yard: varies from 10 feet to 20 feet Rear Yard: 10 feet Rear yard: 10 feet Building height with Architectural projections: 45 feet Building height:24 feet for single-family houses; 36 feet for townhouses at exterior elevations and 45 feet for interior motor court elevations Retaining Wall height: 40 feet Retaining wall height: varies from 2 feet to a high of 20 feet. Wall and Fence Height: 9 feet Wall and Fence Height: varies from 4 feet to 9 feet Landscaping: 12 % Landscaping: 48 % Parking Spaces Required: • 2 covered spaces per unit • 1 space per 3 required spaces Parking Spaces Provided: • 2 space garage per unit • 120 guest spaces Maximum Lot coverage: 60 % Maximum Lot Coverage: 19 % Site Design: The site design concept in the Specific Plan showed that multi- family units are clustered around a common parking court, sometimes known as a "pod." The proposed project is similar to the approved concept in the arrangement of the units. The lower tier of units is townhouses and the upper tier of units is single family houses. The access to the project is through Grand Avenue from the shared main driveway with Target and Calvary Chapel. The project is gated with an entry kiosk for call box directory for visitors. There is an emergency access off Grand Avenue, which is gated. A centralized recreation area with amenities such as a small recreation building, swimming pool, Jacuzzi, barbecue facility and cabana is oriented at the main entry. a. Single-family "pod": The single family houses are clustered in two's, three's, four's, six's and eight's. The width of the common parking court is 26 feet. The size of the private yard for the single family house ranges from approximately 240 square feet to approximately 580 square feet. b. Multi -family pod": Similar to the single family "pods," the townhouses are clustered around a common parking court. Typically each "pod" has a 4 (hJnancy/development projectslbrookfield/perpt 51241D5.doc) cluster of ten units. The townhouses have tuck under garages. The width of the common parking court ranges from 34 feet to 40 feet. The size of the private patio ranges from approximately 66 square feet to approximately 357 square feet. c. Guest parking: The total required guest parking is 120 spaces at the rate of 1 space per 3 required spaces. Both Streets "C" and "D" has 36 feet wide pavement and designed to accommodate parallel guest parking spaces, which was approved by the Los Angeles County Fire Department. However, the proposed guest parking space along Street "A" would not be counted toward the total number of guest parking since they are outside the gates. d. Side yard setback for single family "pod": The side yard between two units is separated by only 6.5 feet. Typically side yard setback is measured from a property line. However, being a condominium project, there is no individual property lines for each single family houses. The separation between the "pods" (cluster of units) varies from 13 feet to 20 feet which can be interpreted as satisfying the side yard setback. The Implementation Section of the Specific Plan allows the Assistant City Manager to approve minor changes such as the separation distance between units. e. Fencin foryards: The developer proposes to use wood product for yard fence for both the single family houses and townhouses. Staff believes that wood product does not have the same permanence, durability, design consistency and aesthetic value as a decorative block such as slump stone. A condition of approval is placed in the draft resolution. 2. Building Design: The Diamond Bar Village Specific Plan has established acceptable architectural styles for the residential project. Styles could be of Colonial, Spanish Colonial, Italianate, Monterey, Craftsman or Cottage. A goal of the residential project is to create the impression of a small village and ensure a neighborhood interaction between the mixed use developments. a. Single family houses: Three architectural styles are proposed, namely Spanish Colonial, Santa Barbara and Farmhouse. Four floor plans are proposed ranging from a size of 1415 square feet to 1773 square feet. All houses are two stories. The proposed elevations have the basic elements and details to reflect the character of the style. They could be enhanced further with additional elements such as but not limited to the following: • window trim to all windows • stucco trim over the garage doors • faux wrought iron balconies • potshelves 5 (h:/nancy/development projects/brookfield/perpt 5/24/05.doc) • small windows or other treatment at the side of the garage wail, which add interest to the blank wall as well as providing some natural light • recessed niches with diamond patterns to add interest to the blank walls for Plan 2 side elevations b. Townhouses: The proposed architecture is Spanish style for both Clusters A and B. Six floor plans are proposed and the size of the units ranges from 1621 square feet to 2268 square feet. The exterior elevations have sufficient variation to roof, building planes and surfaces. Architectural details include roof cornice treatment, balcony railing, cantilever balcony railing, wrought iron grille, recessed medallions, trim at balcony, etc. The exterior Elevation B for Cluster A could be enhanced further by changing some of the windows to arch shape especially for the tower element. The addition of stacked stones materials at key locations such as pop -out or as a wainscot could further enhance and enrich the design. This would give a more recognizable distinction between Clusters A and B. The interior motor court elevations of the two Clusters also need further enhancement with architectural details such as but not limited to the following: • break up the continuous roof with hipped roof pop -out at second story • wrought iron faux balcony • change some windows to arch shape • trim above the garage door and/or add guy wires for planting of vines • potshelves • decorative awnings to windows Staff has added the above architectural enhancement as conditions of approval subject to the Assistant City Manager review and approval. The developer has been informed of the recommended improvement and they have agreed to work with staff to achieve the enhancements. c. Recreation buildin : The proposed recreation building is about 900 square feet in size and is mainly for restroom and utilities. The design is acceptable and complimentary to the recreation area. 3. Landscaping: The project exceeds the minimum requirement of 12 percent landscaping area. a. Entry design and gates: Special landscape treatment such as increase number of trees, specimen size and accent trees should be provided at the intersection of Street "A" and the shared main driveway. The entry walls should have decorative pilasters such as stacked stones or other materials similar to the directory kiosk. The pavement in front of the 6(hanancyldevelopmentprojectslbrookfield/perpt5l24105.doc) recreation area should have the same decorative textured pavement as the project entry. b. Emergency access pates and fencing: The pilasters for the emergency access and gates should also have the similar materials as the main entry design since it is very visible from Grand Avenue. The wrought iron gates should be more decorative in pattern. c. Debris Basins: There are a total of seven debris basins. Because they are privately maintained, staff recommends that the developer landscape the debris basins for use as passive open space. The areas surrounding the debris basin will be required to be landscaped with trees, shrubs and ground cover. A condition has been placed in the draft resolution. 4. Retaining Wall: The type of retaining wall proposed is called Verdura blocks and would be visible from view. Staff recommends that appropriate and sufficient irrigation be provided to the retaining wall for plants to grow and cover the wall. The developer should use fast growing plant material that grows all year round. 5. Grading and Drainage: The Engineering and Public Works staff has found the proposed project to be consistent with the Diamond Bar Village Specific Plan and recommended approval with conditions as shown in the attached draft resolution. 6. Sian: A Comprehensive Sign Program is required in accordance with the Specific Plan standards. A condition is placed in the attached draft resolution requiring the submittal of the Comprehensive Sign Program for staff review. 7. Additional Review: The Building and Safety staff and a representative of the Los Angles County Fire Department have reviewed the proposed project and their recommendations are included in the attached draft resolution as conditions of approval. 8. Development Impact Fees: Based on the related Development Agreement, the project will have to comply with the Mitigation Monitoring Program approved under the Final EIR and will have to pay their fair share for impact fees and address the traffic mitigations. Additionally, the project will pay the appropriate park fees, school fees and all other fees associated with the project. H. Environmental Review: On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 91121027 and No. 90111047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific 7 (NInancyldevelopment projectslbrookfield/perpt 5124/05, doe) Plan document included a Conceptual Site Plan that illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in substantial conformance to the Specific Plan Conceptual Site Pian. Based on the related Development Agreement, the project will have to comply with the Mitigation Monitoring Program approved under the Final EIR and will have to pay their fair share for impact fees and address the traffic mitigations. Additionally, the public improvements required for the project are under way. Furthermore, it is determined that no new environmental issue has been identified and that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exist, therefore, no further environmental review is required. NOTICE OF PUBLIC HEARING: On May 13, 2005, notice of public hearing for this project was published in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune. in addition, public hearing notices were mailed to approximately 541 property owners within 700 -foot radius of the project site. Further, the project site was posted with a display board and the public notice was posted in three public places on May 13, 2005. RECOMMENDATION: Staff recommends the Planning Commission forward a recommendation of approval for Tentative Tract No. 062482, Development Review No. 2005 -or and Tree Permit 2005- 03 to the City Council through the adoption of the attached draft resolution. Attachments: R view J es D fano Assistant Ci Manager 1. Draft Resolution Recommending Approval of TTM 062482, DR 2005-05 and TP 2005-03 2. Exhibit "A" — Development Plans 3. Exhibit "B" - Approved Diamond Bar Village Specific Plan Sub -Planning Areas 4. Exhibit "C" - Approved Diamond Bar Village Specific Plan Conceptual Site Plan 5. Exhibit "D" — Vicinity Aerial Map 8 (hanancy/development pfojectslbrookfieldlpapt 5/24105.doc) MAY 24, 2005 Page 4 PLANNING COMMISSION Eric Van Wetchel, Architect, said he read staffs report and concurred with "the conditions of approval as written. Chair/lVcManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Tanaka moved, C/Nolan seconded to approve Development Review No. 2005-18 and Minor Conditional Use Permit No. 2005-07, Findings of Fact, and conditions of approval as listed within the resolution. AYES: COMMISSIONERS: Tanaka, Nolan, Tye, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Tentative Tract Map 062482 Development Review No. 2005-05 and Tree Permit No. 2005-03 — In accordance with Chapter 21.20 of the Municipal Code and Chapters 22.48 and 22.38 of the Development Code, this was a request to construct 180 condominiums consisting of 70 single family detached houses and 110 townhouses on 14.3 acres of land in the Specific Plan Sub-PA2 and 3 zones; a request to remove approximately 20 trees consisting of Oaks and Walnuts, and the keeping of 25.5 acres of vacant land in Specific Plan Sub-PA4 zone as Open Space. The proposed development included the removal of trees consistent with and implementation of the Diamond Bar Village Specific Plan approved by the City Council on June 29, 2004. PROJECT ADDRESS: West Side of Grand Avenue, South of Golden Springs Drive APN 8293-045-004 and 05 PROJECT OWNER: Lewis Diamond Bar LLC 1156 N. Mountain Avenue Upland, CA 91785 APPLICANT: Brookfield Southland Holdings, LLC 3090 Bristol, Suite 200 Costa Mesa, CA 92626 MAY 24, 2005 Page 5 PLANNING COMMISSION PM/Fong presented staff's report and recommended Planning Commission approval of Tentative Tract Map No. 062482, Development Review No. 2005-05 and Tree Permit No. 2005-03, Findings of Fact, and conditions of approval as listed within the resolution. John O'Brien, Brookfield Homes, presented the proposed planned development implementation of the Diamond Bar Village Specific Plan that was approved last summer. Brookfield Homes believes that this implementation, while reducing the density and presenting a very marketable approach will benefit the community by supplementing the vacancy use and presenting new homeownership opportunities. He introduced members of his project team. He said that on a positive note, the project managed to save additional Oak and Oak specimen trees. VC/Low asked Mr. O'Brien to address the amount of private and common open space compared to the overall size of the project. Using overheads Lance Walker, Landscape Architect, pointed out the various open space areas. The primary open space will house a resort -style swimming pool, restrooms, fountain, fireplace, tables, chairs, seating and pool cabana. Mr. O'Brien pointed out that in addition to the primary open space the more passive common open space areas would be the elements of the debris basins. Each detached home has a courtyard area suitable for patio, barbecue and a Jacuzzi in some cases. Each attached home has a small patio area available for outdoor use. PM/Fong reported that the landscaping percentage was 48 percent of the entire parcel and the lot coverage for buildings and driveways was 19 percent. She said that this project was well above the minimum standards for open space and for lot coverage and was well below the maximum coverage opportunity. She highlighted the open space areas using the overhead. Mr. O'Brien responded to VC/Low that the project would provide a range of trees from 24" box to some larger specimen trees in certain areas and the trees would be replaced at the required 3:1 ratio in the 24" box size and placed primarily in the debris basin area. Mr. O'Brien indicated to VC/Low that he would like to review a possible alternative wood fence with staff. He said that from a height perspective the family units were somewhat taller than the single-family units and were designed to represent two -stories out of grade with the remainder repressed into the earth. The attached home product was designed to provide a number of viewing opportunities to a maximum numberof homes although there would be some limited viewfrom the detached homes as they travel up the slopes into the debris basin areas. MAY 24, 2005 Page 6 PLANNING COMMISSION The views are primarily oriented toward the attached Townhomes. PM/Fong explained to VC/Low that as part of plan check a noise study would likely be required to determine what kind of building material would be required to acquire any necessary noise reduction. C/Nolan asked Mr. O'Brien to delineate the location of the setbacks of 6 Y2 feet and 10 feet. What percentage of the homes would have a 6.5 ft. setback versus a 10 ft. setback. Mr. O'Brien explained that the 6.5 ft setback between homes was in select locations between the detached homes and that the setback in the pedestrian areas would range from 14 to 16 feet as one traveled up the Paseo. He indicated that this type of product and corresponding setbacks had been built a number of times. He further responded to C/Nolan that the homes would extend all the way to Grand Avenue. C/Nolan wanted to know why the project was reduced from 200 to 180 homes. Mr. O'Brien explained that Brookfield worked with staff to provide a sellable community that met several restrictions. PM/Fong responded to C/Nolan that the parking met the 3:1 ratio excluding the parking areas outside of the gate. Mr. O'Brien stated that Brookfield provided additional guest parking on the entry road. C/Tye felt the parking would be inadequate and wanted to know how many spaces street A would provide. Mr. O'Brien responded an additional 16 spaces and it appeared there could be an opportunity to increase that number of stalls. C/Tye asked how homeowners would be prevented from parking in guest spaces and PM/Fong responded that it would require strong association CC&R's. C/Tye was concerned about sufficient parking for homeowners and the less than one guest -parking unit per unit. Mr. O'Brien said that crowded parking conditions were the nature of high-density homebuilding and that Brookfield had strong CC&R's that required garages to be occupied as garage spaces. In other communities the associations have adopted towing policies so that when residents continue to park cars that belong in garages or ownership cars within the site they are subject to towing. Other similar communities have been able to evolve and accept this condition. Mr. O'Brien indicated to C/Tye that Brookfield would provide vinyl double paned windows for the entirety of the project. C/Tye suggested that Mr. O'Brien compromise with staff and incorporate slump stone fencing rather than wood fencing. Mr. O'Brien thanked the Commissioners and staff for their support and said he and his colleagues were very excited about bringing this project to the MAY 24, 2005 Page 7 PLANNING COMMISSION market. Already there were several individuals who had signed their interest list. He thanked Lewis Operating for their support. Chair/McManus opened the public hearing. John Roe 1229 Porte Grande, Montefino Townhomes, said that his association of 543 Townhomes neighbors the project. As a board member he represents 1500 residents in Diamond Bar. When he received the public hearing notice it was the first notice he received that discussed removing trees and he was concerned about slope integrity for the 38 units on the slopes directly above the project. He asked for a copy of the plans showing the debris basins and how they would affect Montefino. He also wanted to know where on the slopes the sound barriers would be placed and how they would affect Montefino and he wanted to know where the 25 acres of open space would be. He said he read the EIR but did not understand whetherthe report said the slopes were safe or unsafe. Chair/McManus indicated to Mr. Roe that the Commission had the same concerns as he. The hillsides that slipped during the rain were developed prior to incorporation. He indicated that Mr. O'Brien and his colleagues as well as staff would address every one of Mr. Roe's questions and concerns. Mr. Roe said the association did not object to the proposed project. Ruth Clark, 22807 Chardonnay #2, said that she had trespassed on the property while walking her dog and noticed that there was one area where the hill was affected by the rain. She was impressed that the property remained dry in spite of the heavy rain. She was particularly concerned about the houses in the back that would be up the slope. She asked the City to leave the slopes and trees in tact. PM/Fong displayed an aerial of the proposed project area. The 25 acres of open space consists of all of the slopes. The project site is primarily on the flat portion. She pointed out the trees designated for removal and replacement that are at the bottom of the slope. The builder is trying to save as many Oak trees as possible and the slopes are beyond the project boundary. Mr. O'Brien said Brookfield shared the speakers' concerns and that they want to be good neighbors and can work with Montefino residents to complete the new community. The trees that are impacted are all on the MAY 24, 2005 Page 8 PLANNING COMMISSION lower portions of the slope. The slope will not be graded and the debris basins are merely to handle the runoff that comes down the slope. Brookfield cannot imagine that there will be debris runoff from the slope. However, it is a requirement of the project that it must provide debris basins. He assured Ms. Clark that the improvements the project provided would make the slopes safer. What is currently on site is a storm drain system that was never accepted by LA County and no maintenance was provided. This process will create a private homeowners association to maintain the storm drain system and to make certain that the County accepts responsibility for downstream outflow of the storm drain activity. Noise studies were done and there were no significant sound issues from the retail site and from Grand Avenue. Mr. O'Brien stated that the project completed studies to test the integrity of all of the slopes. The slope study is available for review and he offered to meet with the homeowners to explain the results. Mr. O'Brien indicated to Ms. Clark that if he had left her with the opinion that the homes would reside on the slope areas he had misspoken because no homes would be built on the slopes. Ms. Clark asked Mr. O'Brien to show her the trees that are proposed for removal. Mr. O'Brien said he would arrange a tour. Johnny Lee, 22809 Chardonnay, Unit #2, said he lives in one of the 38 impacted houses and wanted to know when construction would commence and how long it would take. He understood that there was a certain amount of noise associated with construction projects. Chair/McManus said that there was not yet a date certain for commencement of construction because the City Council would first have to approve the project. He also said that notifications regarding this project were sent to residents within a 700 -foot radius of the project site as required. Resident Mohammed, 1107B Golden Springs Drive, felt that the project would be very good for the community. Many homes in Diamond Bar are older and suffer from termite damage. Brookfield is a very good builder and they build nice homes. He was twice elected to the board of the Sunset Crossing Homeowners Association and the association enforces rules. No property owner can park in visitor parking and if they do so their vehicle is towed. If a visitor comes for a longer period of time such as a week the association issues a parking permit. His association has not had problems. He thanked the Commissioners for approving the project and said that if he purchased a home in the Village he would be a good neighbor to Montefino. MAY 24, 2005 Page 9 PLANNING COMMISSION VC/Low and C/Tye said they appreciated Brookfield's immediate responses to the neighbors' concerns. C/Nolan said he appreciated the comments from the Montefino residents and he assured them that their comments were not lost on any of the Commissioners, would be duly noted in the minutes and that staff would work diligently to make certain the project proceeded in the proper manner. VC/Low moved, C/Tye seconded, to adopt a resolution recommending City Council approval of Tentative Tract Map 062482, Development Review No. 2005-05 and Tree Permit No. 2005-03, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: VC/Low, Tye, Nolan, Tanaka, Chair/McManus None None PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: C/Nolan said that on Monday he participated in the Los Angeles County Sheriffs STAR Golf Tournament. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. PM/Fong reported that a major rezoning issue for multiple sites should be considered during a Planning Commission Study Session on June 14 at 5:30 p.m. prior to the regular Planning Commission meeting and that dinner would be provided. Commissioners concurred. PM/Fong stated that today the Planning Department received the plan check for the burned out building on Brea Canyon Road at Pathfinder Road and that staff would do everything possible to expedite the rebuilding process. C/Tye asked for an update on what information was provided to Bristol Farms and Smith Brothers restaurant group relative to bringing their businesses to Diamond Bar. PM/Fong offered that ACM/DeStefano would respond to C/Tye's inquiry during the June 14 meeting. MAY 24, 2003 Page 10 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 8:32 p.m. Respectf ly Sub itted — 1&1w 6 Nancy Fong, ning I Attest: /k, L Joe Mc nus, Chairman c�� ATTACHMENT NO. 3 EXHIBIT "A" — DEVELOPMENT PLANS FOR TTM NO. 062482, DR NO. 2005-05 and TP NO. 2005-03 Development Plans were transmitted to the Council on June 8, 2005. RESOLUTION NO. 2005 - RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS EFFECTIVE JULY 1, 2005; RESCINDING RESOLUTION NO. 2004-29 IN ITS ENTIRETY. 1. WHEREAS, the purpose of the rules and regulations is to communicate to employees the benefits, policies, and requirements of the job, as well as provide guidance to supervisors in the administration of the personnel system; 2. WHEREAS, the City Council has determined that it is necessary to the efficient operation and management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of absences, and other regulations for the officers and employees of the City; and 3. WHEREAS, as the rules and regulations do not create any contract of employment, expressed or implied, or any rights in the nature of a contract; 4. WHEREAS, this Resolution will become effective on July 1, 2005; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: SECTION 1. COMPREHENSIVE JOB CLASSIFICATION AND SALARY SCHEDULES Pursuant to Ordinance 03 (2005), a comprehensive job classification and salary schedule for authorized full-time and part-time positions shall be established upon adoption of a resolution by the City Council. SECTION 2. JOB CLASSIFICATIONS For the purposes of the City's Personnel System, each position title shall correspond to a job classification number as reflected in the job classification and salary resolution. A. Hourly Non -benefited Positions — Job Classification Range 500-899. These positions are classified and referenced as either seasonal or intermittent part-time. Page 2 1. Seasonal Part-time — a seasonal position is a position that is utilized up to 40 hours per week on a seasonal or partial year basis, but not more than 1000 hours per fiscal year. 2. Intermittent Part-time -- an intermittent position is a position that is utilized an average of 19 '/2 hours or less per week and no more than 1000 hours per fiscal year. B. Hourly Benefited Positions — Job Classification Range 900 -999. These positions are classified and referenced as regular part-time. A regular part-time position is a position that is utilized twelve (12) months per year and works an average of 20 or more hours per week on a year-round basis. Benefits for regular part-time employees shall be the same as provided for non-exempt full-time employees on a pro -rated basis. C. Full-time Non- Exempt Positions — Job Classification Range 1000 -1599. Positions in job classification range 1000-1599 are subject to the Fair Labor Standards Act (FLSA) overtime requirements. D. Full-time Exempt Positions — Job Classification Range 1600 - 2600. The City of Diamond Bar has determined various executive, administrative and professional employees are exempt from the overtime requirements of the FLSA. Employees in the job classification range 1600 and above are considered exempt. E. Executive Management Positions — Job Classification Range 2900 - 3900 are Executive Management positions, which are also classified as exempt. Executive management positions may be terminated with or without cause, at any time, at the will of the City, in its sole discretion. F. Employees who are requested by the City to use bilingual skills during their scheduled work hours on a recurring basis to further the business interests of the City shall receive a bilingual premium pay differential in addition to their regular pay. Any full-time or part-time employee who is required, as an essential part of his or her job, to provide non-English language services, including Braille and sign language, routinely and consistently as part of his or her regular job assignment as determined by the City will receive a Heavy Usage Bilingual Premium Pay Differential of 5%. Any full-time or part-time employee assigned occasionally to provide non-English language services, including Braille and sign language, will receive a Moderate Usage Bilingual Premium Pay Differential of 2%. The employee must agree to use the bilingual skill during his or her normal work shift regardless of assignment. The Bilingual Premium Pay Differential will be reported to CaIPERS as Bilingual Premium Special Assignment Pay. However, any hours worked on overtime are excluded from CaIPERS reported "compensation earnable" in California Government Code Section 20635. Page 3 SECTION 3. ADVANCEMENT WITHIN THE SALARY SCHEDULE A. New full-time and regular part-time employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one-year probation period. At the end of six months, the employee will be given a performance evaluation and shall be eligible for the next step. Every year thereafter, employees shall be given a performance evaluation and shall move to each successive step, as long as the employee's performance is satisfactory or above. B. Intermittent and seasonal part-time employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one-year probation period. At the end of six months, the employee will be given a performance evaluation. In order to receive a step increase, a part-time employee must complete one year of service and worked a minimum of 500 hours. C. An employee that has received a one-year evaluation and has reached the top step in their job classification shall be moved to a July 1 annual evaluation date. D. An employee shall receive their annual step increase on time regardless of supervisor's completion of timely evaluation. E. An employee who is appointed to an acting position that is in a higher salary range than that of the class in which the employee is normally assigned shall receive acting compensation. 1. Acting pay shall be provided only for appointments with duration greater than 21 consecutive calendar days and shall be retroactive to the effective date of the acting appointment and continue until completion of appointment. 2. Such acting appointments shall be made in writing by the City Manager with a copy to the Human Resources Division. 3. Compensation shall be at the entrance salary step of the higher range or the step within the higher salary range, which would provide a minimum of 5% higher than the employee receives whichever is greater. SECTION 4. PROBATION The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work to determine the employee's fitness for the position. Page 4 A. In an effort to monitor newly hired employees, the probation period for newly hired employees is one year of actual and continuous service. Periods of time on paid or unpaid leave exceeding five (5) days (consecutive or not) shall automatically extend the probationary period by that number of days the employee is on leave. B. If it is determined that the probationary should be extended, the probationary employee shall be given notice in writing prior to the expiration of the original probationary period. C. During the probationary period an employee may be rejected at any time without cause and without the right of appeal. SECTION 5. VEHICLE USE A. Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service. Payments shall be based upon the most direct route to and from the destination, and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. B. Executive Management Employees will receive a monthly car allowance of $150 per month. This stipend will be in lieu of any mileage reimbursement. If additional garage and parking expenses are incurred, they are reimbursable. SECTION 6. HEALTH BENEFIT ALLOTMENT All designated officials, full-time employees and regular part-time employees will be provided a monthly allotment of $820 a month (pro -rated for regular part- time employees) which can be applied to selected benefit options as described in Section 7. A. Members of the City Council, Executive Management and employees defined as full-time exempt shall receive an additional $30 per month to be applied as described in Section 7. B. Premiums for selected benefits options are paid from the monthly health benefit allotment as described in section 7. The total of all premiums for selected benefits that exceed the monthly health benefit allotment will be paid at the employees' expense as a bi-weekly payroll deduction. C. Employees who are not encumbering their entire health benefit allotment will have those funds applied to a Section 457 deferred compensation plan offered through the International City Management Association (ICMA). Monies in Page 5 excess of the City's 457 Plan maximum shall be paid off annually each December. SECTION 7. HEALTH AND BENEFIT OPTIONS A. All designated officials, full-time employees and designated regular part-time employees (pro -rated for regular part-time employees) are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and employee assistance program within the City's group insurance carrier(s). The administrative cost and premiums are paid as described below. Eligible dependents of designated officials and full-time and part-time employees are eligible for health, dental and vision insurance. B. Premiums for selected benefits that are not paid by the City are paid from the employee's monthly health benefit allotment to a maximum as described in Section 6. The total of all premiums for selected benefits that exceed the monthly health benefit allotment will be paid at the employees' expense as a bi-weekly payroll deduction. Health Plan: Designated officials and full-time and regular part-time employees and their eligible dependents are eligible for health coverage through the California Public Employees' Retirement System (CaIPERS). Premiums vary depending on health plan selected. If selected, the premium is deducted from the monthly health benefit allotment. 2. Dental Plan: Two dental plans are available to designated officials and full- time and regular part-time employees and their eligible dependents. The City pays for employee coverage. If dependent coverage is selected, the premium is deducted from the monthly health benefit allotment. 3. Vision Plan: One vision plan is available to designated officials and full-time and regular part-time employees and their eligible dependents. The City pays for employee coverage. If dependent coverage is selected, the premium is deducted from the monthly health benefit allotment. 4. Life/Accidental Death and Dismemberment Insurance: Life and accidental death and dismemberment insurance is provided to all designated officials ($10,000 benefit) and full-time and regular part-time employees ($50,000 benefit). This benefit is provided at no cost to designated officials and full- time employees and at a pro -rated cost to regular part-time employees. Supplemental life insurance is also available. If supplemental life insurance is selected, the premium is deducted from the monthly health benefit allotment. 5. Deferred Compensation: A Section 457 deferred compensation plan is made available to all designated officials and full-time and regular part-time Page 6 employees through the International City Management Association (ICMA). Employees not encumbering their entire monthly health benefit allotment will have those excess funds deferred into this plan. Employees may also elect to have additional contributions are their expense as a payroll deduction on a bi-weekly basis. Total deferral contributions are not to exceed limits under Section 457 of the Internal Revenue Code. 6. Short-term and Long-term Disability: A short-term and long-term disability benefit is provided to all full-time and regular part-time employees at no cost to the employee. This benefit provides income replacement in the event of a covered disability at 60% of salary up to a maximum of $1500 per week. There is a 15 -day elimination period for short-term disability. 7. Employee Assistance Program (EAP): All designated officials and full-time and regular part-time employees are eligible to receive face-to-face assessment, treatment and follow-up to help resolve a broad range of personal, work, and family problems. Employees are eligible to receive up to 5 -sessions of treatment with professional counselors for early intervention and treatment at no cost the employee. 8. IRS Code Section 125 Cafeteria Plans: All designated officials and full- time and regular part-time employees may enroll in the IRS Section 125 Cafeteria Plan. At the beginning of the plan year, each participating employee selects an amount up to the maximum set by the City for each plan. The amount selected is calculated into a bi-weekly, pre -taxed payroll deduction. This is an optional benefit for eligible employees. a) Insurance Plan Premium Conversion- Should the monthly cost of health care insurance premiums exceed the benefit allotment and result in payroll deductions, the amount of the qualifying deduction may be designated to be paid with pre-tax dollars. b) Healthcare Flexible Spending Account- Also known as a Healthcare Reimbursement Account, the employee may designate pre-tax dollars, up to a maximum of $2,500 per calendar year for out of pocket healthcare expenses not covered by their medical, dental, or vision insurance plans. c) Dependent Care Flexible Spending Account- Also known as a Day Care or Childcare Reimbursement Account, the designated pre-tax dollars, up to a maximum of $5,000 per household- per calendar year, must be related to expenses which are for dependent care that enables the employee to remain gainfully employed. Page 7 SECTION 8. STATUS OF EMPLOYMENT All employees serve under the City Manager, pursuant to Government Code Section 34856. Per Government Code Section 36506, nothing in these rules and regulations shall be construed to provide employees with any tenure or property interest in employment. SECTION 9. SUBMITTAL OF EMPLOYEE HOME AND EMERGENCY CONTACT INFORMATION All full-time and part-time employees are required to complete an Emergency Notification Form providing their home address, phone number and emergency contact information to Human Resources. The Emergency Notification Form must be submitted to Human Resources within three (3) working days from date of hire. In the event an employee's home and/or emergency contact information changes a new Emergency Notification Form must be completed and submitted to Human Resources within (5) working days. All emergency notification information will also be shared with the City's Emergency Preparedness Coordinator. SECTION 10. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED COMPENSATION The City of Diamond Bar shall pay the employee contribution of said employee salary to the State Public Employees' Retirement System (PERS) as deferred income. SECTION 11. PAY PERIODS The compensation due to all officers and employees of the City shall be paid on a bi-weekly basis. SECTION 12. PAY DAYS Warrants, checks or electronic transfers in the payment of compensation shall be made available by the City to employees and officers of the City on the Friday succeeding the close of any given pay period. In an event that pay day falls on a holiday, all warrants, electronic transfers or checks in payment of compensation shall be made available to the City employee on the last work day preceding the holiday. SECTION 13. WORKING HOURS AND OVERTIME A. Nine (9) hours Monday through Thursday and eight (8) hours on Friday, exclusive of lunch period, shall constitute a day's work for all full time employees participating in the 9/80 flex plan. Employees participating in the 9/80 -flex plan will work 80 hours in a nine -day period. Page 8 Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees participating in the traditional eight- (8) hour work schedule. B. The official work week of the City of Diamond Bar shall be Monday through Thursday, 7:30 a.m. to 5:30 p.m., and Friday, 7:30 a.m. to 4:30 p.m. It shall be the duty of each Department Head to arrange the work of their Department so that each employee therein shall not work more than five days in each calendar week. The City Manager may require an employee to temporarily perform service in excess of five (5) days per week when public necessity or convenience so requires. 1. The work period will be begin at 12:01 p.m. on Friday and end the following Friday at noon for all full-time employees on a traditional schedule and all full-time employees scheduled to be off on Fridays in accordance with the 9180 work schedule. 2. The work period will begin at 12:01 p.m. on Monday and end the following Monday at 12 noon for all full-time employees scheduled to be off on Mondays in accordance with the 9180 schedule. C. Whenever an employee, other than an exempt employee, shall be required to work overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 %) times the regular rate of pay, provided they have completed full 40 hour work week. D. Any full time employee, other than an exempt, who is required to work on an observed holiday beyond the regular 40 hour work week, shall be entitled to pay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour work week. E. Hourly and non-exempt employees are prohibited from working overtime without express authorization from the City Manager. F. Employees who are exempt from the Fair Labor Standards Act (FLSA) overtime provisions are compensated on a salary basis and only deductions from salary that are consistent with FLSA will be made. G_ There is nothing contained within this Section to exclude the City from implementing a 4-10 or traditional Plan at their option. SECTION 14. ANNUAL VACATION The purpose of annual vacation leave is to enable each eligible employee annually to return to his or her work mentally and physically refreshed. All eligible employees shall be entitled to annual vacation leave with pay as follows: Page 9 A. A full time employee, pursuant to the below schedule, shall be entitled to a vacation, to be accrued at the appropriate hours per pay period. Regular part- time employees are eligible for vacation at a pro -rated accrual rate based upon hours scheduled to work. YEARS OF SERVICE 1-5 6-10 11 & up ANNUALVACATION 80 hours 120 hours 160 hours ACCRUAL 3.08 hours per pay period 4.62 hours per pay period 6.15 hours per pay period B. Vacation time may be accumulated to a maximum of 320 hours. Once the 320 -hour maximum accumulation is exceeded, no further vacation leave shall accrue until the employee reduces the accumulation below the maximum. C. The total vacation allowance shall be computed to the nearest whole day based upon the number of full months of City service. D. In the event one or more observed holidays follow accumulated vacation leave, such days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon due regard to the needs of the employee's services and the work schedule. F. Employees are eligible to use vacation leave, as it is accrued and/or accumulated. G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council. H. Employees who terminate shall be paid the salary equivalent to all accrued and accumulated vacation. All vacation requests shall be made at least ten (10) days in advance and employee's supervisor and City Manager must give prior approval. J. If an employee does not request time off in advance and simply does not show up for work, the City Manager may deny the use of vacation time or other benefit for the time off, and said employee is subject to disciplinary action including discharge. Page 10 K. Exempt employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of full-time service. SECTION 15. SICK LEAVE A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period. Regular part-time employees are eligible for sick leave and receive a pro -rated accrual rate based upon hours scheduled to work. B. Employees are eligible to use sick leave, as it is accrued and/or accumulated. C. Absence or illness may not be charged to sick leave if not already accrued and/or accumulated. D. Each full time employee shall be paid annually for all accrued sick leave in excess of the maximum allowable accumulation of 200 hours at a rate of one- half the employee's current wage at the time of payment. Said payment is to be made during the month of December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or dependent family members, as determined by the City Manager. In order to receive sick leave with pay, the employee shall notify the supervisor or Department Head prior to or within two (2) hours after the time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate or a Personal Affidavit. F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid leave and does not work a minimum of 80 hours in any one month. G. If an employee does not show up for work and does not call in within two hours, the City Manager may deny use of sick leave for the unauthorized time off and employee is subject to disciplinary action. H. Except as otherwise required by law, employees using all accumulated sick leave may be deemed to have abandoned their employment. I. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all'accumulated sick leave at a rate of one-half (112) of the employee's current rate of pay at his/her date of termination. Sick leave to attend to the illness of a child, parent, spouse, or domestic partner of the employee (pursuant to California Labor Code Section 233). Use Page 11 of sick leave for this purpose (as opposed to when used for an employee's own illness), shall be limited to half the yearly sick leave entitlement in any one (1) year period. The amount of leave available is limited to what the employee accrued prior to utilizing sick leave for this purpose. Additionally, sick leave taken for this purpose shall be allowed only in the case of necessity of and actual illness of an employee's child, parent, spouse, or domestic partner as determined by the City Manager. In order to receive sick leave with pay for this purpose, the employee shall notify the Department Head prior to or within two (2) hours after the start of the employee's scheduled work shift. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate (regarding the illness of the employee's child, parent or spouse) stating the cause of absence. Use of sick leave under this section shall not extend the maximum period of leave to which an employee is entitled under Family and Medical Leave (Section 16). SECTION 16. FAMILY AND MEDICAL LEAVE The family and medical leave policy complies with the California Government Code, Sections 12945, 12945.2, and 19702.3, and the federal Family and Medical Leave Act of 1993. California law shall prevail unless preempted by federal law. Copies of the state and federal acts are available in the Personnel Department. Following is a summary of pertinent sections. A. The family and medical leave allows for an eligible employee to take twelve (12) weeks of leave in a twelve (12) month period for the birth, adoption, or foster care of a child; the serious health condition of the employee's child, parent, spouse, or domestic partner; or the employee's own serious health condition. B. During the twelve (12) week period, paid leave may be charged to accrued benefit time such as vacation, administrative leave and floating holidays, at the employee's request during the family and medical leave period as long as the total time off does not exceed twelve (12) weeks in a twelve (12) month period. In addition, accrued sick leave may be used at the employee's request, in accordance with Section 15. If the employee has extinguished their benefit leave and accrued leave balance, but have a balance in their FMLA, they are still eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or vacation). C. Health insurance benefits shall continue for the duration of the family and medical leave under the same conditions as if the employee had continued employment. If the employee fails to return to work after the period of leave to which the employee is entitled has expired, the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage. Page 12 D. To be eligible for family and medical leave, the employee must be employed by the City of Diamond Bar for at least 12 months and has worked at least 1,250 hours over the previous 12 -month period for the City of Diamond Bar. E. The City will use a rolling 12 -month period measured backward from the date the employee uses FMLA. F. The City Manager may, if he/she deems necessary, required the employee to file a Physicians Certificate or Personal Affidavit stating the cause of absence. G. When a husband and wife are both employed by the City of Diamond Bar, they are limited to a total of 12 weeks collectively for family leave during the 12 - month period. H. Employee will be reinstated to the same position of employment held when the employee's leave commenced; or reinstated to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment, unless position ceased to exist for reasons unrelated to the leave. SECTION 17. CALIFORNIA PAID FAMILY LEAVE California Paid Family Leave is a component of State Disability Insurance (SDI). Unlike SDI, which partially covers employee wage loss due to a personal disability, injury, or pregnancy, Paid Family Leave Insurance partially covers employee wage loss for individuals who need to care for a seriously ill family member or bond with a new child. Benefits are available for a maximum of six (6) weeks in a twelve (12) month period. Paid Family Leave and SDI are both administered by the Employment Development Division (EDD) and funded entirely by mandatory payroll deductions. SECTION 18. PREGNANCY DISABILITY LEAVE Separate from FMLA, when an employee is pregnant, they are eligible for six weeks of leave for a normal childbirth and up to 16 weeks when there is certification by a physician that there is a disability or related medical condition due to the pregnancy. A. During the Pregnancy Disability Leave Time, paid leave may be charged to accrued benefit time such as vacation, administrative leave and floating holidays, at the employee's request. In addition, accrued sick leave may be used at the employee's request, in accordance with Section 15. if the employee has extinguished their benefit leave and accrued leave balance, but have a balance in their PDL, they are still eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or vacation). Page 13 B. Health insurance benefits shall continue for the duration of the Pregnancy Disability Leave under the same conditions as if the employee had continued employment. If the employee fails to return to work after the period of leave to which the employee is entitled has expired; the City is entitled to recover the premiums paid on behalf of the employee for maintaining coverage. C. The City Manager may require the employee to file a physician's certificate or personal affidavit if the leave is to be for more than a six-week period. SECTION 19. BEREAVEMENT LEAVE When circumstances are such and the City Manager determines that conditions warrant, three (3) paid bereavement leave days may be granted in the event of death of a relative of a full-time employee. "Relative" is defined as spouse, domestic partner, parents, children, step -children, brother, sisters, grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, to the City employee or as may be approved by the City Manager. SECTION 20. UNAUTHORIZED LEAVE If an employee does not show up for work for three consecutive work days without notifying said employee's supervisor or Department Head, said employee shall be considered to have voluntarily terminated employment with the City. SECTION 21. ON-THE-JOB INJURY Whenever a person is compelled to be absent from employment with the City on account of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro- rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that employee's regular salary as it relates to an on-the-job injury and if not covered by Workers' Compensation. SECTION 22. JURY DUTY/ COURT WITNESS LEAVE If a full-time employee is called for jury duty, such person shall receive regular pay while actually performing jury service, however, any amount received by such employee as payment for services as juror shall be reimbursed to the City. All mileage paid to the employee, as a juror shall not be considered as a reimbursable item to the City. Regular part-time employees who are eligible for jury duty receive such as a pro -rated accrual rate based upon hours scheduled to work. The same is true if an employee is required by law (e.g., under subpoena) to testify in court. The Page 14 employee must give reasonable notice to their supervisor that he or she is required to serve. SECTION 23. ELECTION LEAVE If a full time employee does not have sufficient time outside of working hours to vote at a statewide election, the voter may, without loss of pay, take off enough working time, which when added to the voting time available outside of working hours will enable the voter to vote. Regular part time employees are eligible for election leave based upon hours scheduled to work. No more than two hours of the time taken off for voting shall be without loss of pay. The time off for voting shall be only at the beginning or end of the regular work shift, whichever allows for the greatest free time for voting and the least time off from the regular working shift, unless otherwise mutually agreed upon. The employee shall give the supervisor at least two working days' notice that time off for voting is desired. SECTION 24. SCHOOL VISIT LEAVE Full time and regular part time employees are permitted to use up to forty (40) hours of leave for the purpose of participating in their children's school activities. Vacation or floating holiday leave must be used for this purpose, and the request for time off cannot exceed eight (8) hours in any calendar month. In the event the employee has exhausted all accrued vacation leave and floating holiday hours, leave without pay may be taken for this purpose and all hour restrictions apply. SECTION 25. MILITARY DUTY LEAVE Employees may be granted unpaid leave, as well as reemployment and job protection rights, when they leave their job to enlist or participate in military or reserve services in accordance with the provisions of current federal and state law. SECTION 26. POLITICAL LEAVE Political leave shall be granted to any employee who is declared a candidate for public office subject to the provisions of Section 31: Leave without Pay SECTION 27. ATTENDANCE Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Departments shall keep attendance records of all employees. Absence of any employee without leave may result in possible disciplinary action, including discharge. Page 15 SECTION 28. HOLIDAYS A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. B. The City of Diamond Bar's observed paid holidays are as follows: 1. New Year's Day (January 1) 2. President's Day (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6, Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) 11. Sixteen (16) Floating Holiday Hours C. If an observed holiday falls on a nine (9) hour work day under the 9180 work schedule, those employees on the 9180 schedule shall receive nine (9) hours of holiday pay and those employees on a traditional work schedule shall receive eight hours of holiday pay. D. If an observed holiday falls on an eight (8) hour work day under the 9/80 work schedule, those employees on the 9180 schedule shall be receive eight (8) hours of holiday pay and those employees on the traditional work schedule shall receive eight (8) hours of holiday pay. SECTION 29. FLOATING HOLIDAY HOURS A. Each full time employee is allowed sixteen (16) hours per calendar year, January through December. Regular part-time employees are allowed prorated floating holiday hours per calendar year, January through December based upon hours scheduled to work. B. Floating Holiday hours are not cumulative and must be used during the above period or said employee will lose the allocated hours. C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department Head. D. An employee is eligible to use floating holiday hours as they are accrued. E. Floating Holiday hours may be used in lieu of sick leave only if all other benefit time has been exhausted. Page 16 SECTION 30. TRAINING PLAN The City Manager and employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, etc., at the City's expense. SECTION 39. LEAVE OF ABSENCE WITHOUT PAY The City Manager may grant a regular employee a leave of absence without pay for a period not to exceed one (1) year. No such leave shall be granted except upon written request of the employee, setting forth the reason for the request. Approval will be in writing. Upon expiration of a regularly approved leave or within a reasonable period of time after notice to return to duty, the employee shall be reinstated in the classification held at the time leave was granted. Failure on the part of an employee on leave to report promptly at its expiration, or within a reasonable time after notice to return to duty, shall be cause for discharge. Such leave of absence shall not be counted as a break in service for purposes of satisfying the continuous employment requirement for vacation allowance. An employee on leave of absence without pay does not accrue sick leave, vacation time, or receive benefits while on leave. Such employee does not lose or forfeit any sick leave or unpaid vacation time that had been accumulated prior to the time being granted. SECTION 32. RESIGNATION An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation. Failure to give such notice shall mean the employee did not terminate in good standing, unless by reason of hardship and upon that employee's request, the City Manager has waived the two- week notice requirement. SECTION 33. ANTI -NEPOTISM PROVISION A. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council Members; 2. Standing Board and Commission members; 3. Management Team Members of the City; 5. Employees of the City Manager's Department; or 6. Employees of the Personnel Department. B. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority; 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. Page 17 C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or morale, an employer may refuse to place both spouses in the same department, division, or facility if the work involves potential conflicts of interest or other hazards greater for married couples than other persons. E. "Relative" means child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in-law, or another individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to the City. G. For business reasons, these sections shall be enforced to address the marriage of employees in the City's employment, within six (6) months of said marriage. H. Exceptions to this section may be made by the City Manager in unusual circumstances where the concerns addressed by this policy are not implicated. Any appeal of the enforcement of this section shall be in accordance to the City's grievance procedures. SECTION 34. NON-DISCRIMINATION No person employed by the City of Diamond Bar or seeking employment with the City, shall be discriminated against in recruitment, examination, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration because of race, color, religion, national origin, ancestry, marital status, sex, age, physical or mental disability, sexual orientation, political or religious opinions or affiliations, taking of FMLA or pregnancy disability leave, religious creed, medical condition, or any other characteristic protected by law. SECTION 35. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES It is the intent of the City to offer fair and equitable appeals procedures for employee's performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evaluation. Page 18 B. The employee may respond in writing to the contents of the evaluation. The employee must submit this response to the Department Head within five (5) working days immediately following receipt of the evaluation. C. The Department Head, as the reviewing official, shall respond in writing to the employee within five (5) working days. This response becomes an official part of the evaluation. D. If the Department Head does not respond or if the employee chooses to continue to appeal following the response from the reviewing official, the employee must submit an additional written response to the Personnel Officer within five (5) working days after receipt of the reviewing official's response. E. The Personnel Officer shall review the evaluation appeal within five (5) days with the employee, supervisor and Department Head. Every effort will be made at this level to resolve the appeal. If the Personnel Officer and City Manager are the same, the appeal shall proceed directly to the City Manager. F. If the matter is not settled, a written appeal may be submitted to the City Manager by the employee within five (5) working days following the decision rendered in writing by the Personnel Officer. G. The City Manager shall review the appeal with the employee, supervisor, Department -Head and Personnel Officer. The decision shall be rendered in writing within fifteen (15) working days by the City Manager, and the decision of the City Manager shall be final. SECTION 36. POST OFFER PHYSICAL EXAMS As a condition of an offer of City employment all candidates must successfully pass a post -offer physical and substance abuse exam and are subject to fingerprinting and a background investigation. The candidates being considered for employment will be sent to a City authorized physician at the City's expense. SECTION 37. EMERGENCY CALL -OUT POLICY The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee or part-time, other than an exempt employee, is called out for a City emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time it takes to rectify the problem. B. The employee shall be paid overtime per Section 12. Page 19 SECTION 38. ADMINISTRATIVE LEAVE Exempt employees are allowed eighteen (18) hours of administrative leave per fiscal year. Executive Management employees are allowed thirty-six (36) hours of administrative leave per fiscal year. Additional days of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above 40 hours per work week. Administrative leave may be accumulated and carried over to the following year for a maximum of two years. Administrative leave must be used by June 30 of the second fiscal year. Requests shall be submitted to employee's immediate supervisor for approval then forwarded to the City Manager for approval. Use of Administrative leave will be authorized at the convenience of the City and the work schedule. SECTION 39. MEDICARE Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City will match the 1.45 percent as mandated by law. SECTION 40. IMMIGRATION REFORM AND CONTROL ACT OF 1986 In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation. SECTION 41. EXTENDED BENEFITS — COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for the time period set forth by law, at their expense. SECTION 42. TUITION REIMBURSEMENT Subject to Council fiscal year budget authorization, each full-time and regular part-time (on a pro -rated basis) employee shall be entitled to reimbursement in the amount of $1500 per fiscal year, for college -level or university -level educational courses (including tuition and related books), which have been approved by the Personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases where no letter grade is Page 20 given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. SECTION 43. PERSONAL COMPUTER PURCHASE LOAN PROGRAM All designated officials and full-time and regular part-time employees are eligible to receive interest-free loans between $250 and $2,500 for the purpose of financing a personal computer, a printer, and/or City -compatible software so they can learn and gain experience by working with a personal computer away from the office and outside of regular business hours. An employee may purchase a more expensive system, but he/she must pay the balance over $2,500. The loan covers 90% of the total price of the equipment/software being purchased. The employee pays the remaining 10% of the purchase price at the time of purchase. Loans are made on a first-come, first-served basis based on available funds. Once the money for the employee loans has been obligated, the fund will be replenished through payroll deductions from outstanding loans. New loans will then be made as funds become available. Loans will be for a maximum term of 24 months and will be repaid through payroll deductions on a biweekly basis. SECTION 44. PART TIME EMPLOYEES' RETIREMENT Effective July 1, 1991, intermittent and seasonal part-time employees will be covered by a retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to the maximum provided by law. The employer's tax rate is the same. Election workers and emergency workers are except from coverage, under this section. Regular part-time employees are covered under the State Public Employees' Retirement System (PERS). SECTION 45. SEVERABILITY The City Council declares that, should any provision, section, paragraph, sentence, or work of this Resolution be rendered or declared invalid by any final Court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of this Resolution shall remain in full force and effect. Page 21 SECTION 46. Resolution No. 2004 -XX is hereby repealed in its entirety. PASSED, ADOPTED AND APPROVED THIS day of , 2005. Wen Chang, Mayor I, Linda C. Lowry, City Manager of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a 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: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar SECTION 46. Resolution No. 2004-29 Page 21 is hereby repealed in its entirety. PASSED, ADOPTED AND APPROVED THIS day of Wen Chang, Mayor 2005. I, Linda C. Lowry, City Manager of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a 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: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar CITY COUNCIL RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING TENTATIVE TRACT MAP NO. 062482, DEVELOPMENT REVIEW NO. 2005-05, AND TREE PERMIT NO. 2005-03 FOR THE CONSTRUCTION OF 180 CONDOMINIUMS ON APPROXIMATELY 14.3 ACRES OF LAND, THE REMOVAL OF UP TO 20 TREES, AND THE RETAINING OF 25.5 ACRES OF VACANT LAND IN SUB -PLANNING AREA 4 AS OPEN SPACE WITHIN THE DIAMOND BAR VILLAGE SPECIFIC PLAN, LOCATED AT THE WEST SIDE OF GRAND AVENUE AND SOUTH SIDE OF GOLDEN SPRINGS DRIVE, DIAMOND BAR, CALIFORNIA, AND MAKING FINDINGS IN SUPPORT THEREOF — APN: 8293-045-004 AND 005. A. RECITALS Brookfield Southland Holdings LLC (the Applicant) has filed an application for the approval of 180 condominiums and the removal of approximately 20 trees as described in the title of this Resolution. Hereinafter in this Resolution, the subject Tentative Tract Map, Development Review and Tree Permit requests shall be referred to as the "Application." 2. On May 13, 2005, public hearing notices were mailed to approximately 663 property owners within a 700 -foot radius of the project site. On May 13, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, on May 13, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 3. On May 24, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application, concluded said hearing on that date, and recommended approval of the project to the City Council. 4. On June 10, 2005, public hearing notices were mailed to approximately 663 property owners within a 700 -foot radius of the project site. On June 10, 2005, the project site was posted with a display board and the public notice was posted in three public places. Furthermore, on June 11, 2005, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. 5. On June 21, 2005, the City Council of the City of Diamond Bar conducted a duly noticed public hearing on the Application and concluded said hearing on that date. 6. All legal prerequisite prior to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows: This Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based upon the substantial evidence presented to the Council during the above referenced hearing on June 21, 2005, including written and oral staff reports, this Council hereby specifically finds as follows: (a) The Application applies to property generally located at the west side of Grand Avenue and south side of Golden Springs Drive, and is presently undeveloped but rough graded. (b) The project site is zoned Specific Plan Sub -Planning Areas 2 and 3 of the Diamond Bar Village Specific Plan. (c) South of the site is existing multi -family use and zoned Medium Residential (RPD -8000). West of the site is the existing Calvary Church facility and is zoned Specific Plan. North of the site is the recently approved Target project and zoned Specific Plan. East of the site is a developed commercial center and an apartment complex. It is zoned Commercial, Office and Medium Residential (R-4). (d) The Application with its site plan, building design, landscaping, and grading are in conformance with the development concept of the Diamond Bar Village Specific Plan. (e) The site has provided sufficient parking spaces meeting the City's minimum requirement to accommodate the proposed project. (f) The Application conforms to the development standards and design guidelines contained in the Diamond Bar Village Specific Plan. (g) On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a Conceptual Site Plan 4 that illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in conformance of the Specific Plan Conceptual Site Plan. Furthermore, it is determined that no new environmental issue have been identified and that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exist, therefore no further environmental review is required. 3. The Council hereby specifically finds and determined that having considered the record as a whole including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Council that the proposed project herein will have the potential of an adverse effect on wild life resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Council hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based upon substantial evidence presented to this Council during the above referenced public hearing and upon specific findings of facts set forth in paragraphs 1, 2 and 3, this Council hereby finds and concludes as follows: Tentative Tract Map (a) The proposed subdivision including design and improvements is consistent with the General Plan and the Diamond Bar Village Specific Plan, and complies with all applicable provisions of the Development Code and Municipal Code, and the Subdivision Map Act. The proposed subdivision is consistent with the General Plan. Economic Development is a goal of the General Plan and the proposed project will implement this goal. The proposed project, its use and density, is in conformance with the residential section of the Diamond Bar Village Specific Plan. The design of the project and the required improvements together with conditions of approval complies with all applicable previsions of the Development Code and Municipal Code, and the Subdivision Map Act. (b) The site is physically suitable for the type or proposed density of development. There were previous grading activities where the site was rough graded and a flat pad was created. The site is physically suitable for the proposed development of 180 condominiums. 3 (c) The design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or injure fish or wildlife or their habitat, or cause serious health or safety problems. The proposed project does not cause substantial environmental damage; injure fish or wildlife or their habitat. The proposed project does not cause serious health or safety problems. The proposed project includes the preservation of 25.5 acres of vacant land as open space. (d) The design of the subdivision or the type of improvements will not conflict with easements acquired by the public at large for access through or use of property within the subdivision. (e) The proposed project has been reviewed in compliance with the provisions of the Californian Environmental Quality Act (CEQ). On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 99129027 and No. 96191047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a Conceptual Site Plan that illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in conformance of the Specific Plan Conceptual Site Plan. Furthermore, it is determined that no new environmental issues have been identified and that none of the elements set forth in Public Resources Code Section 21966 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exist, therefore no further environmental review is required. Development Review (g) The design and layout of the proposed development are consistent with the general plan, development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g. theme areas, specific plans, community plans, boulevards or planned developments). A conceptual site plan was approved with the Diamond Bar Village Specific Plan. The design and layout of the proposed project is consistent with the previously approved conceptual site plan. (h) The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards. The conceptual site plan approved under the Diamond Bar Village Specific 4 Plans shows a mixed use development consisting of a mix of commercial, institutional, office and residential uses. The design and layout of the proposed residential project will compliment the neighboring uses and will provide an integrated development that reduces traffic conflict and encourages pedestrian to walk. (i) The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by this chapter, the general plan, or applicable specific plan. The proposed architectural styles for the single family house and townhouses together with the conditions of approval meets the intent of the design guidelines of the Specific Plan. (j) The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, textures and color and will remain aesthetically appealing. The proposed project will provide a desirable environment for its occupants and visitors of residents. (k) The proposed development will not be detrimental to the public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity. The proposed project will improve the property and add value and positive impact to the City. (1) The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA). On June 29, 2004, the City Council approved an Addendum to the previously certified Final Environmental Impact Reports, SCH No. 91121027 and No. 96111047 for the related General Plan, Zone Change, Development Agreement and Diamond Bar Village Specific Plan. The Specific Plan document included a Conceptual Site Plan that illustrates the development concept. The proposed project is a Design Review and it is determined that the project design is in conformance of the Specific Plan Conceptual Site Plan. Furthermore, it is determined that no new environmental issue have been identified and that none of the elements set forth in Public Resources Code Section 21166 or Section 15162 of the California Environmental Quality Act Guidelines (CEQA) exist, therefore no further environmental review is required. Tree Permit (m) The trees interfered with utility services, or streets and highways, either within or outside of the subject property, and there is no reasonable alternative exist other than removal of the trees. (n) Preservation of the trees are not feasible and would compromise the property owner's reasonable use and enjoyment of property or surrounding land and appropriate mitigation measures will be implemented in compliance with section 22.38.130 (Tree replacement/relocation standards). The developer is proposing to remove approximately 20 trees. At the time of reviewing the Diamond Bar Village Specific plan, the grading of the site and the removal of trees as a result of the grading has been considered and addressed. Therefore, the proposed Tree Permit is an implementation of the Diamond Bar Village Specific Plan. The developer would be required to replace the removed trees at the ratio of three trees to one removed tree. According to a recently updated arborist report, a total of 32 trees were surveyed for impact by grading activities within the project boundary. The arborist determined that 9 oaks and 5 elderberry will need to be removed with possible five additional trees (3 oaks, 1 elderberry and 1 toyon). With respect to the five additional trees that may be impacted by grading activities, the developer proposes to protect two oak trees in place if feasible. 5. Based upon the findings and conclusions set forth in the above paragraphs 1 through 4, the Council hereby approves the Application subject to each and every conditions set forth in Exhibit "A" attached hereto and incorporated herein by this reference thereto. 6. The City Clerk shall: (a) Certify to the adoption of this Resolution. (b) Forthwith transmit a certified copy of this Resolution, by certified mail, to: John O'Brien, Brookfield Homes, Southland Business Group, 3090 Bristol Street, Ste 200, Costa Mesa, CA 92626 and Walt Mitchell, Lewis Operating Corp., 1156 N. Mountain Ave, Upland, CA 91786 PASSED, APPROVED AND ADOPTED THIS 21 st DAY OF JUNE, 2005 Wen Chang, Mayor I, LINDA C. LOWRY, CITY CLERK OF THE CITY OF DIAMOND BAR, DO HEREBY CERTIFY THAT THE FOREGOING RESOLUTION WAS PASSED, APPROVED AND ADOPTED AT A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HELD ON THE 21st DAY OF JUNE, 2005, BY THE FOLLOWING VOTE: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Linda C. Lowry, City Clerk City of Diamond Bar 7 EXHIBIT "A" CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 062482, DEVELOPMENT REVIEW NO. 2005-05, AND TREE PERMIT NO. 2005-03 a. General (1) The project site shall be developed and maintained in substantial conformance with the approved plans submitted to and approved by the Planning Commission collectively attached hereto as Exhibit "A." (2) The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement granted herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to insure that the waste contractor utilized has obtained permits from the City of Diamond Bar to provide such services. (3) All conditions of approval contained in Development Agreement No 2004-01 and under Ordinance No. 04 (2004) shall apply. (4) This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed within 15 days of approval of the Tentative Tract Map, Development Review and Tree Permit at the City of Diamond Bar Community and Development Services Department/Planning Division an Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicant pays all remaining Planning Division fees. (5) In accordance with Government Code Section 66474.9(b) (1), the applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Tentative Tract Map No. 062482, DR 2005 -Or and TP 2005-03 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. (6) Notwithstanding any previous subsection of the resolution, the Department of Fish and Game requires payment of the fee pursuant to Section 711.4 of that Fish and Game Code. Said payment shall be made by the applicant to the city within five days of this approval, if applicable. (7) Applicant shall pay development fees including but not limited to Planning, Building and Safety, Public Works and Engineering Divisions and Mitigation Monitoring at the established rates, prior to final map approval, issuance of building or grading permit, whichever comes first, as required by the City. School fees shall be paid prior to the issuance of building permit. Traffic fees and Quimby fees shall be paid prior to release of occupancy. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to the map's recordation as required by the City. (8) The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. (9) The approval of DR 2005-05 and TP 2005-03 shall expire if building permits are not issued or approved use has not commenced within two years from the date of approval. The applicant may request for a one year time extension subject to Planning Commission approval. (10) All conditions of approval shall be completed to the satisfaction of the Assistant City Manager prior to the release of occupancy for the last unit. (11) Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and applicable Specific Plan in effect at the time of building permit issuance. (12) The Covenants, Conditions, and Restrictions (CC&Rs) and Articles of Incorporation of the Homeowners' Association are subject to the approval of Planning and Engineering Division and the City Attorney. They shall be recorded to the satisfaction of Assistant City Manager F prior to release of occupancy of the first unit except for model homes. A recorded copy shall be provided to the City Engineer. The Homeowners' Association shall submit to the Planning Division a list of the name and address of their officers on or before January 1 of each year and every year and whenever said information changes. (13) Applicant shall contribute funds per the City Fee Resolution against which charges can be made by the City or its representatives for services rendered. Charges shall be in accordance with the established fee schedule. Applicant shall sign an Agreement for Payment for securing the funds for the costs related to the processing of the project. b. Planning (1) This approval is for 180 condominiums consisting of 70 single family houses and 110 townhouses within Diamond Bar Village Specific Plan Sub -Planning Areas 2 and 3. (2) A Lot Line Adjustment shall be submitted by the Applicant and/or the master developer, Lewis -Diamond Bar LLC, for City Engineer review and approval prior to plan check. (3) Revised site plans and building elevations incorporating all conditions of approval shall be submitted for Assistant City Manager review and approval, prior to issuance of building permits. (4) All site, grading, landscape and irrigation plans shall be coordinated for consistency subject to Assistant City Manager review and approval. (5) A detailed on-site lighting plan, including a photometric diagram shall be reviewed and approved by the Assistant City Manager prior to issuance of building permits. Such plan shall indicate style, illumination, location, height, and method of shielding so as not to adversely affect adjacent properties. (6) If no centralized trash receptacles are provided, all trash pick-up shall be for individual units with all receptacles shielded from public view. (7) All ground -mounted utility appurtenances such as transformer shall be located out of public view to the extent possible and screened, subject to Assistant City Manager review and approval. (8) All building numbers and individual units shall be identified in a clear and concise manner including proper illumination Per City and Los Angeles County Fire Department standards. 3 (9) The applicant shall submit a construction access plan and schedule for the development of all lots/units for Assistant City Manager and City Engineer approval; including, but not limited to , public notice requirements, special street posting, phone listing for community concerns, hours of construction activity, dust control measures, and security fencing. (10) All parkways, open space areas, and landscaping shall be permanently maintained by the property owner, homeowners' association. (11) A detailed landscape and irrigation plans shall be prepared by a licensed landscape architect and comply with Development Code sections 22.24 and 22,26; and, shall be submitted for Assistant City Manager review and approval prior to issuance of building permits. The City may elect to use consultant services for landscape and irrigation plan check at the expense of the applicant. (12) The removal of significant trees as noted in the City Tree Preservation Ordinance shall be replaced at a ratio of three trees to one removed tree. The applicant shall preserve two oak trees in place. If the preservation of the two oak trees is not feasible or the trees were damaged, the trees shall be replaced at the replacement ratio of one to three. The replacement trees shall be of a minimum of 24 -inch box size. (13) All slopes shall be landscaped and irrigated for erosion control. Landscape shall include trees, shrubs and appropriate ground cover. Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. (14) The applicant shall landscape and irrigate the debris basins and the areas around the debris basins. The design shall be subject to Assistant City Manager review and approval prior to issuance of building permits. (15) The intersection of Street "A" and the main driveway off Grand Avenue shall have special landscape treatment including small project identification sign, increase the number of trees, and use accent and specimen size trees subject to Assistant City Manager review and approval. (16) Appropriate and sufficient irrigation shall be provided to the "Verdura" retaining wall. The applicant shall use fast growing plant materials that grow all year around. (17) All landscaped areas on site as well as the contiguous planted areas within public right-of-way shall be kept free from weeds and debris n and maintained in a healthy and thriving conditions, and shall receive regular pruning, fertilizing, mowing and trimming. Any damaged, dead, diseased or decaying plant material shall be replaced within 30 days from the date of damage. (18) The signs indicated on the submitted plans are conceptual only and not part of this approval. A Comprehensive Sign Program for this development shall be submitted for Assistant City Manager review and approval prior to issuance of building permits except for model units. (19) The final design, pattern and materials for the textured pavement shall be subjected to Assistant City Manager review and approval. (20) The debris basins access roads shall be of all weather surface pavements. (21) The fence material for the private yard of each unit shall be of decorative block, or other similar material. The final design, material and color shall be subject to Assistant City Manager review and approval. (22) The single family house product shall have additional architectural treatment such as but are not limited to the following elements and subject to Assistant City Manager review and approval: window trim for all windows, stucco trim above the garage door, wrought iron faux balconies, potshelves, addition of small windows and/or other elements for the exterior garage wall, recessed niches with diamond patterns, etc. (23) The townhouse product shall have additional architectural treatment such as but are not limited to the following elements and subject to Assistant City Manager review and approval: hipped roof pop -out at second story, wrought iron faux balcony, arch shape windows, potshelves, decorative awnings to windows, etc. (24) The applicant shall submit standard design for patio cover within the private yard of the single family product, subject to Assistant City Manager review and approval. The approved design of the standard patio cover shall be included in the CC&Rs. (25) The main entry gate and walls shall incorporate stacked stones or other enhanced material. The final design of the gate, the entry walls, and the call -box directory kiosk shall be subject to Assistant City Manager review and approval prior to issuance of building permits. (26) The pilasters for the emergency gate off Grand Avenue shall have stacked stones or other enhanced material and the gate shall have 5 decorative pattern. The final design shall be subject to Assistant City Manager review and approval prior to issuance of building permits. (27) The applicant shall provide each prospective buyer a disclosure of the positive and negative impacts of the commercial development and the institutional use within Diamond Bar Village Specific Plan and in a format as determined by the Assistant City Manger, prior to accepting a cash deposit on any property or unit. C. Engineering/Public Works - Subdivision Ma (1) A tentative and final map shall be required in accordance with the Diamond Bar Subdivision Ordinance and the Subdivision Map Act. (2) This tentative tract map shall expire, unless extended bythe Planning Commission, if final map is not recorded or permit is not issued within three years from the date of approval. (3) Prior to final map approval, written certification that all utility services and any other service related to the site shall be available to serve the proposed project and shall be submitted to the City. Such letters shall be issued by the district, utility and cable television company, if applicable, within ninety (90) days prior to final map approval. (4) Prior to final map approval and when final map is submitted for plan check, a title report/guarantee showing all fee owners, interest holders, and nature of interest shall be submitted to the Engineering Division. The title report account shall remain open until the final map is filed with the County Recorder. An updated title report/guarantee and subdivision guarantee shall be submitted ten (10) working days prior to final map approval. (5) Prior to final map approval, if any public or private improvements required as part of this tract map have not been completed by applicant and accepted by the City, applicant shall enter into a subdivision agreement with the City and shall post the appropriate security. Cost Estimates for all bond amounts shall be provided by the applicant and approved by the City Engineer. (6) Prior to final map approval, all site grading, landscaping, irrigation, street, sewer and storm drain improvement plans shall be approved by the City Engineer and surety shall be posted and an agreement executed guaranteeing completion of all public and private improvements. (7) The approval of the tentative map does not constitute approval of the details and/or notes as shown on the map. Any details or notes which may be inconsistent with requirement or ordinances, general C conditions or approval, or City policies must be specifically approved in other conditions or ordinance requirements are modified to those shown on the tentative map upon approval by the Advisory Agency. (8) Provide lettered lots for common and HOA maintained areas, private driveways, debris areas, open space areas and the recreation areas. (9) If proposed, street names shall be submitted for City Engineer review and approval. (10) All identified geologic hazards within the tract map boundaries which cannot be eliminated as approved by the City Engineer shall be indicated on the final map as "Restricted Use Area" subject to geologic hazard. The applicant shall dedicate to the City the right to prohibit the erection of buildings or other structures within such restricted use areas shown on the final map. (11) Prior to final map approval and the issuance of grading permit(s), surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities necessary for dewatering all parcels to the satisfaction of the City Engineer. (12) Easements for disposal of drainage water onto or over adjacent parcels shall be delineated and shown on the final map, as approved by the City Engineer. (13) Applicant shall label and delineate on the final map any private drives or fire lanes to the satisfaction of the City Engineer. (14) Any existing easement for open space, utilities, riding and hiking trails shall be relocated and/or grading performed, as necessary, to provide, for the portion within the Subdivision, practical access for the intended use. (15) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purposes shall be offered and shown on the final tract map for dedication to the City. (16) After the final map records, applicant shall submit to the Engineering Division, at no cost to the City, a full size reproducible copy of the recorded map. Final approval of the public improvements shall not be given until the copy of the recorded map is received by the Engineering Division. (17) As built mylars, stamped by appropriate individuals certifying the plan, shall be provided at no cost to the City for all on-site improvements. 7 (18) All improvements for the subject tract map shall be coordinated with any existing or proposed developments including the commercial development to the north. (19) Applicant shall provide digitized information in a format defined bythe City for all related plans, at no cost to the City. (20) All activities/improvements proposed for this map shall be wholly contained within the boundaries of the subdivision. Should any off-site activities/improvements be required, approval shall be obtained from the affected property owner and the City as required by the City Engineer. (21) The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. (22) Street/Right-of-Way Dedications along Golden Springs Drive and Grand Ave. shall be recorded with the Los Angeles County Recorders Office prior to Issuance of Certificate of Occupancy. (23) Retaining wall design and calculations shall be submitted to the Public Works/Engineering division for review and approval concurrently with the grading plan check. (24) Provide decorative railing along A -Street at the top of slopes to protect pedestrian pathway subject to Assistant City Manager review and approval. d. Engineering/Public Works - Grading (1) Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. (2) At the time of submittal of the 40 -scale grading plan for plan check, a detailed soils and geology report shall be submitted to the City Engineer for approval. Said report shall be prepared by a qualified engineer and/or geologist licensed by the State of California. Prior to the issuance of a grading permit, the report shall address, but not be limited to the following: (a) Stability analyses of daylight shear keys with a 1:1 projection from daylight to slide plane; a projection plane shall have a safety factor of 1.5; (b) All soils and geotechnical constraints (i.e., landslides, shear key locations, etc.) shall be delineated in detail with respect to proposed building envelopes. Restricted use areas and 8 structural setbacks shall be considered and delineated prior to recordation of the final map; (c) Soil remediation measures shall be designed for a "worst case" geologic interpretation subject to verification in the field during grading; (d) The extent of any remedial grading into natural areas shall be clearly defined on the grading plans; (e) Areas of potential for debris flow shall be defined and proper remedial measures implemented as approved by the City Engineer; (f) Gross stability of all fill slopes shall be analyzed as part of geotechnical report, including remedial fill that replaces natural slope; (g) Stability of all proposed slopes shall be confirmed by analysis as approved by the City Engineer; (h) All geologic data including landslides and exploratory excavations must be shown on a consolidated geotechnical map using the 40 -scale final grading plan as a base; and All geotechnical and soils related findings and recommendations shall be reviewed and approved by the City Engineer prior to issuance of any grading permits and recordation of the final map. (3) Prior to issuance of grading permits, storm drain improvement plans shall be approved by the City Engineer and/or Los Angeles County Public Works Department and surety shall be posted and an agreement executed guaranteeing completion of all drainage facilities to the satisfaction of the City Engineer. (4) Final grading plans shall be designed in compliance with the recommendations of the final detailed soils and engineering geology reports. All remedial earthwork specified in the final report shall be incorporated into the grading plans. Final grading plans shall be signed and stamped by a California registered Civil Engineer, registered Geotechnical Engineer and registered Engineering Geologist and approved by the City Engineer. (5) A Standard Urban Stormwater Mitigation Plan (SUSMP) conforming to City Ordinance is required to be incorporated into the grading plan and approved by the City Engineer. The applicant shall incorporate Structural or Treatment Control Best Management Practices for storm water runoff into the grading plans for construction and post - construction activities respectively. (6) All slopes in excess of five (5) feet in height shall be seeded with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. (7) Slopes adjacent to Buildings shall have a minimum 3' setback from the building. Small (12"-18") retaining walls may be constructed to accomplish required setback. (8) Slopes adjacent to walkways shall be covered with jute material or equivalent and a 6-18" block wall shall be placed along walkways to prevent erosion onto the walkway. (9) An erosion control plan shall be approved by the City Engineer. Erosion control plans shall be made in accordance to the City's NPDES requirements. (10) No grading or any staging or any construction shall be performed prior to final map approval by the City Council and tract map recordation. Assistant City Manager may consider allowing the grading of the site before the recordation of map if the applicant is actively pursuing the recordation and security has been posted and an agreement has been executed to the satisfaction of the City Engineer and City Attorney guaranteeing the completion of the grading and the private improvements. (11) All pertinent improvement plans shall be approved by the City Engineer prior to final map approval by the City Council. (12) Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. (13) Prior to the issuance of Building Permits, a pre -construction meeting must be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (14) Rough grade certifications by project soils engineer shall be submitted prior to issuance of building permits for the foundation of each cluster of units/structure. Retaining wall permits may be issued without a rough grade certificate. (15) Final grade certifications by project soils and civil engineers shall be submitted to the Public Works/Engineering Division priorthe issuance of any project final inspections/certificate of occupancy respectively. (16) Prepare a horizontal control plan and submit concurrently with the grading plan for review and approval. 10 e. Engineering/Public Works - Drainage (1) All drainage improvements necessary for dewatering and protecting the subdivided properties shall be installed prior to issuance of building permits except for model units, for construction upon any parcel that may be subject to drainage flows entering, leaving, or within a parcel relative to which a building permit is requested. (2) The applicant shall provide drainage facilities to remove any flood hazard and dedicate and show necessary easements and/or rights of way on the final map to the satisfaction of City Engineer. Storm drainage facilities shall be constructed within the street right-of-way or in easements satisfactory to the City Engineer and/orthe Los Angeles County Public Works Department. (3) All identified flood hazard locations within the tentative tract map boundaries which cannot be eliminated as approved by the City Engineer shall be shown on the final map and delineated as "Flood Hazard Area". The Owner shall dedicate to the City the right to prohibit the erection of buildings or other structures within such areas shown on the final parcel map without proper mitigation. (4) A permit from the Los Angeles County Public Works Department shall be required for work within its right-of-way or connection to its facilities. (5) A final drainage study and final drainage/storm drain plan in a 24" x 36" sheet format shall be submitted to and approved by the City Engineer prior to grading permit. All drainage facilities shall be designed and constructed as required by the City Engineer and in accordance with County of Los Angeles Standards. (6) Prior to the issuance of a grading permit, a complete hydrology study and hydraulic calculations shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer. (7) Final plans for the existing drainage system, PD 1747, shall be submitted and accepted by the Los Angeles County Public Works Division prior to issuance of any grading permits. (8) All existing/abandoned drainage facilities of PD 1747, including but not limited to Reinforced Concrete Pipe, catch basins, etc., shall be removed prior to installation of new drainage facilities. (9) Debris basin access road surfaces shall be approved by City Engineer. 11 (10) Gates shall be provided at the debris access roads to prevent access to non -maintenance personnel. Pedestrian access may be allowed if the debris basins are designed as passive open space. The location and design of pedestrian access shall be subject to Assistant City Manager review and approval. (11) A comprehensive maintenance plan/program shall be submitted concurrently with the storm drain plans to the Public Works/Engineering Division for review and to the satisfaction of the City Engineer. f. Engineering/Public Works - Utilities (1) Prior to final map approval, a water system with appurtenant facilities to serve all lots/parcels in the land division designed to the Walnut Valley Water District (WVWD) specifications shall be provided and approved by the City Engineer. The system shall include fire hydrants of the type and location as determined by the Los Angeles County Fire Department. The water mains shall be sized to accommodate the total domestic and fire flows to the satisfaction of the City Engineer, WVWD and Fire Department. (2) Prior to final map approval, the applicant shall construct or enter into an improvement agreement with the City guaranteeing construction of the necessary improvements to the existing water system according to Walnut Valley Water District (WVWD) specifications to accommodate the total domestic and fire flows as may be required by the City Engineer, WVWD and Fire Department. (3) Prior to recordation of final map, applicant shall provide separate underground utility services to each parcel per Section 13.04 of the City Code, including water, gas, electric power, telephone and cable TV, in accordance with the respective utility company standards. Easements required by the utility companies shall be approved by the City Engineer. (4) Coordinate the requirements for relocation and/or installation of additional street lights, Grand Ave. with the Los Angeles County Lighting Division and Southern California Edison. Incorporate all the requirements on the off-site improvement plans. The street lights shall be annexed into the County Lighting Maintenance District 10006 and Country Light District LLA -1 Diamond Bar Zone, as determined by the City Engineer. These improvements shall be shown on the grading plans with the appropriate notes and details provided. All required permits for work within the public right-of-way shall be obtained prior to construction. 12 g. Engineering/Public Works - Sewers (1) Prior to final map approval, applicant shall submit a sanitary sewer area study to the City and County Engineer to verify that capacity is available in the sewerage system to be used as the outfall for the sewers in this subdivision. If the system is found to be of insufficient capacity, the problem shall be resolved to the satisfaction of the County Engineer. (2) Each multi-family/cluster unit must be served by a separate and independent sewer lateral. Sewer laterals shall be constructed in accordance with the Los Angeles County Department of Public Works Standards. (3) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. The area within the tentative map boundaries shall be annexed into the County Sanitation District 21 and appropriate easements for all sewer main and trunk lines shall be shown on the final map and offered for dedication on the final map. (4) Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division and County Sanitation District Standards prior to occupancy. h. Fire (1) All required fire hydrants shall be installed and tested and accepted prior to construction. Vehicular access must be provided and maintained serviceable throughout construction. (2) Occupancy of the project shall not commence until such time as all Uniform Building Code and Los Angeles County Fire regulations have been complied with. Prior to occupancy, plans shall be submitted to the Building and Safety Division and Los Angeles County Fire Department to show compliance. The buildings shall be inspected for compliance prior to occupancy. Traffic Mitigations (1 } All traffic mitigations shall be implemented and constructed in accordance with the Development Agreement and Conditions of Project Approval for the Diamond Bar Village Development prior to issuance of the certificate of occupancy. 13 CITY COUNCIL Agenda # Meeting Date: 6/21/05 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City ManageL�, mt. [, TITLE: FIRST READING OF ORDINANCE NO. XX -2005 AMENDING SECTION 12.00.420 OF THE DIAMOND BAR MUNICIPAL CODE TO ALLOW NON -MOTORIZED SCOOTERS TO USE THE SKATE PARK AT PETERSON PARK. RECOMMENDATION: The Parks and Recreation Commission recommends approval. The City Manager's Office recommends: 1. That the proposed ordinance not be approved due to the City's exposure to increased liability; and 2. That further study be made. FINANCIAL IMPACT: Adoption of this ordinance will require the purchase and installation of new signs to post the rules. Total cost of signage is expected to be no more than $1,100. These funds are available in the 2004105 FY Budget. BACKGROUND: The Parks and Recreation Commission received a request that was first reviewed at their January 27, 2005 meeting from several Diamond Bar residents to have non - motorized scooters allowed at the skate park at Peterson Park. Current skate park rules specifically state that scooters are not allowed. The Commission further reviewed this request at their March 24 and April 28 meetings. At their April 28 meeting, the Commission unanimously voted (three members present) to recommend to the City Council the revision of the skate park rules to allow non -motorized scooters to use the skate park. Recommendations from the Commission must be approved by the City Council to take effect. The current skate park rules were approved through adoption of Ordinance No. 02-2002 on January 29, 2002. In order to revise the rules, it is necessary to adopt a revised ordinance. DISCUSSION: Scooters have not been allowed at the skate park since its opening in July, 2000. At the time, scooters were a new fad and staff feared the scooters would damage the concrete at the skate park. Therefore the use of scooters was prohibited. Since then, staff has determined that scooters cause no more damage than skateboards. Another concern about scooters in the skate park is liability. After checking with the CJPIA and other cities that operate skate parks, it was found that no claims have been filed due to the use of scooters in skate parks. However, that cannot be considered an endorsement for allowing the expanded use. There would be additional liability to the City by allowing scooters in the skate park, but there are no statistics available to staff that state exactly the level of additional liability the City would face. Staff also checked with the Consumer Products Safety Commission (CPSC) and found that nationwide, injuries to riders of scooters are equivalent to injuries to those riding skate boards. An additional statistic from the CPSC is that over 90% of fatalities to riders of scooters occurred due to collisions with cars and from attempting to ride on steep hills. The most important issue that the City Manager would like the City Council to consider is the fact that scooters do not fall under SB 994 which exempts liability to cities from skate boarders who are injured in a City operated skate park. As mentioned earlier, as of yet there have been no claims filed with the CJPIA with respect to scooters in any of the cities they represent. However, the statutory protection the City has from litigation was a factor in the City's decision to construct the skate park five years ago. The following contacts have been made when reviewing this issue: City Attorney Mike Jenkins Current immunity is designated only for skateboarding, which is a naturally hazardous activity determined by the state of California (SB 994). He is concerned the mixing of skate boards and scooters could create a potential for injuries and lawsuits. Similar to rollerblades or bikes, the City is not legally exempt from scooter injuries. CJPIA Representative Alan Amico There are no current claims regarding injuries due to scooters at this point (almost 5 years). Until a claim is made, the CJPIA has no true stance; although Mr. Amico does raise several concerns. He is concerned about the handle bar being a potential threat to the head and throat since it stands vertically. Are they any more dangerous as "flying objects" compared to skate boards? It is also hard to evaluate damage to the park because the grinding on the concrete may take place if the rubber wears out on the bottom of the scooter. City of La Verne The staff is aware of scooters and has taken no action to stop the usage, even though the park was created strictly for skateboards. City of Claremont Claremont does not allow scooters based on the CJPIA recommendation and lack of immunity, similar to bikes. Signs Posted at Diamond Bar Skate Park After the March 2005 Parks and Recreation Commission meeting, staff posted signs for public input at the Skate Park at Peterson Park. Based upon the posted signs, staff received three phone calls regarding their view on scooters in the skate park. One skateboarder implied he was against scooters because they "get in the way", while two other respondents were in favor of allowing scooters. These residents were asked to attend the April Commission meeting for further input, but they did not attend. Signs have also been posted for the period of June 15 through June 21 to notify users of the skate park that this issue is being discussed at this City Council meeting. E-mail survey of various local agencies Staff conducted an email survey of members of the So Cal Skate Park Coalition. Of the 19 responses, only the City of Corona actively allows scooters in a park built exclusively for skateboards. (Please see the attached document for the entire survey.) City Manager's Office Until the City's immunity is expanded by a change in State law, the City Manager recommends that the Skate Park rules not be changed. Attachments: Ordinance No. XX -2005 Survey Results of Local Agencies Parks and Recreation Commission Minutes for January 27, March 24 and April 28, 2005. Sample of Sign Posted at Diamond Bar Skate Park June 15 through June 21. Community Services Director James DeStefano Assistant City Manager ORDINANCE NO. XX -2005 AN ORDIANANCE OF THE CITY OF DIAMOND BAR AMENDING THE RULES FOR PUBLICLY - OWNED OR PUBLICLY -OPERATED SKATEBOARD FACILITIES. A. RECITALS. (i) The City of Diamond Bar owns and operates a skate park at Peterson Park for the purpose of recreational skateboard and in-line skating use. (ii) The City Council adopted Ordinance No. 02-2002 up -dating rules that govern the use of the skate park. (iii) The City Council has determined that it is necessary to amend the skate park rules to allow non -motorized scooters to utilize the skate park. B. ORDINANCE. NOW, THEREFORE, it is hereby ordained by the City Council of the City of Diamond Bar as follows: Section I. Section 12.00.420 of the Diamond Bar Municipal Code is amended to read as follows: "Sec. 12.00.420 Skate Park Rules. (a) Skateboarding, non-mu'tnrized s�ooteirs and in-line skating are permitted in any skateboarding facility designated by resolution of the City Council. (b) No person shall enter the fenced area of the skate park without wearing a helmet, elbow pads and kneepads ("required protective equipment") at all times. (c) Bicycles, seeateFs and all other wheeled vehicles 0" sp�4 � firmly p�i�nitts�i inEpatra sph (a) are prohibited from entering the fenced area of the skate park. (d) Violation of this section or of any provisions thereof shall be deemed an infraction and punishable as provided in Section 1.04.020 of the Municipal Code. (c) Signs shall be posted at the skate park providing reasonable notice of the requirements of this section and the penalties for failing to comply with the requirements of this section." PASSED, APPROVED AND ADOPTED this ^ day of , 2005• WEN CHANG Mayor I, David Doyle, Acting 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 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: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ATTEST: DAVID DOYLE Acting City Clerk of the City of Diamond Bar SoCal Skate Park Coalition Razor/Scooter Survey 2005 Designed for Razor's Razor's Allowed Damage or Injuries Does Specific kat b d I allowed in mixed use? from Razors? P.D. ticket? Razor rules? Cit Anaheim se oar s on Yes No No Yes, ankle & wrist injuries. No No Arcadia Yes No No Unknown No No Bellflower Yes No No Yes, injury to other rider due Yes No to airborne Razor. Claremont Yes No No Yes Yes No Corona Yes Yes Yes No No No Diamond Bar Yes No No No Yes No Glendora Yes No No Yes, metal has chipped concrete. Sometimes No Lake f=orest No, BMX is allowed. No No No No, staff supervised. No Pasadena Yes No No No No No Whittier Yes No No Yes, metal has chipped concrete. Sometimes No Baldwin Park Yes No No No Yes No Downey Yes No No No No No Conejo Yes No No No No No Glendale Yes No No Unknown Yes No EI Se undo Yes No No No No No Pomona Yes No No Minimal Sometimes No Santa Ana Yes No No Unknown Issue a Warning No Chino Yes No No Unknown Sometimes No Pico Rivera Yes No No Unknown Sometimes No Resident Comments: David Smith thinks Razor's should be allowed. No phone number left. Christine left a message saying Razor's should be allowed. She did not return staff's phone call. Received another hone call from a skate boarder who opposed the use of Razors. ay attend meeting) TOTALS: 18 Yes, 1 Na 1 Yes, 18 No 1 Yes, 18 No various various 19 No APRIL 28, 2005 PAGE 3 P&R COMMISSION a. Sycamore Canyon P rk ADA Retrofit P se II — Work schedu d to /eing M/rk y 16, 2005 and be completed the nd of ne/m b. StarshiRetrofit — nstruction scheduled rcompletiiby Satu8, 2005. Ch ' Lyons asked if t re would be a ribbon /ea' ny to c ebrate the event. DlRose said that ty cad not eld an official cer mony for retrofits. C irlLtaff tdiscuss the possi itywith the City Coun ' since subad condition fore the retrofit. Sycamore anyon Park Trail and railhead Prgd schedul for Tuesday, May 31, 05. 3. OLD BUSINESS: 3.1 Consideration of Change to Skate Park Rules to allow use of Scooters in the Skate Park. RSIWright reported that following the last Commission meeting staff posted signs and conducted an email survey of regional agencies. Staff received three telephone calls from skateboarders as a result of the signs with one opposed and two in favor. The email resulted in 19 responses. Only one City — Corona, actively allows razors in a park that was built exclusively for skateboards. Responses from JPIA and CA/Jenkins continue to be consistent with previous discussions and the overall opinion is that allowing razors increases the City's liability risk. However, there were no previous cases by which to determine the level of risk. Staff's recommendation was for the Commission to receive input and forward a recommendation to the City Council. CSD/Rose confirmed to VC/Torres that CA/Jenkins found no benefit in having waivers signed. He explained that the City would not ignore the use and that it would either allow or disallow the use. Chair/Lyons asked if there was a specific park setup for razors versus a setup for skateboards. RSNI/right said he understood that it had to do with the type of metal copings and concrete. CSD/Rose said there were skate parks that allowed skateboards, razors and BMX such as the privately run facility at Lake Perris. However, many of the Lake Perris park elements are wood instead of concrete. Rick Illig, 23568 Prospect Valley Road, reiterated his concern about scooters on the streets and the risk to young people. According to a 2001 consumer report there were 19 deaths by scooter, 12 involving cars. The parents are concerned that if their kids on not in the park they are on the street and at peril. The report indicates that scooters have the lowest injury rate of bikes, skateboards inline skates and scooters. He asked the Commissioners to APRIL 28, 2005 PAGE 4 P&R COMMISSION please forward a recommendation for approval to the City Council. C/Liang asked if this use were approved would kids from outlying areas such as Walnut, Whittier, La Puente, etc. come to D.B. to use the facility. CSD/Rose said that razors were a big fad in years past and were not so prevalent at this time and he would not expect a large influx of users. Chair/Lyons said she was concerned because this was a litigious society. CSD/Rose responded that it was difficult to monitor these kinds of uses. In this instance, D.B. does what state law requires. JPIA says the City should have a staff member on site to monitorthe skate park and require waivers of every user. The City must weigh the cost against the risk to determine whether or not the site would be monitored. Currently, the skate park has not cost the City any money over and above the construction and maintenance and has incurred no liability claims. Thus, any money spent monitoring the skate park would have been wasted. Chair/Lyons asked whether it might be feasible to make a recommendation to allow the use for three months during the summer with a review at the end of the three months. VC/Torres felt that a six-month review would be more reasonable. VC/Torres said he gave a lot of weight to the fact that there were individuals in the community that were anxious to use a premier facility and he would rather see them in a facility built by the City for its residents than to have them in school yards or on the streets in harms way. Anita Loree agreed with Rick Illig that in honor of the young people who had attended the monthly meetings for several months and who had waited patiently for the Commission to make a decision she felt that a decision should be forthcoming. She also felt that a six-month probationary period was reasonable. She said she has never seen a scooter rider receive an injury that was any worse than that of a skateboarder or bicyclist and the kids seemed to get along very well within the confines of whatever area they were using. With summer coming she would really appreciate it if her kids and others could use the City's beautiful skate park facility. Further, she did not believe that the few scooter users would burden the skate park and those that ride the scooters are very experienced and wear safety gear. CSD/Rose confirmed for VC/Torres that any user of the skate park was required to comply with the rules and could be cited for failure to wear protective gear, for instance. VC/Torres moved, C/Liang seconded to recommend a policy change to the Skate Park Rules to allow Scooters to use the Skate Park and that the policy be reviewed and evaluated by the Parks & Recreation Commission in six months from the effective date of the policy change. Motion carried by the following Roll Call vote: AYES: Liang, VC/Torres, Chair/Lyons None Chang, Grundy COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: MARCH 24, 2006 PAGE 3 P&R COMMISSION 2.6 C.I.P. Program Report -- CSD/Ro a Diamond Bar Center — irst Anniversary/Pse d Opening — March 20, 2005. b. Sycamore Cany Park ADA Retrofit I — Bid Opening — Tuesday, April 2 at 3:00 p.m. C. /Staine xplained that due top n check corrections t bid be set back/uction week. rk ADA Retrtated that coommenced Mon ay, March 21, 2005 and should be cornn 60 days. Lots 1 and 61 — Propg4ed Sports Complex Site CSD/Rose reporte that this site would likel(even net out about 41 acres for a facility, par ng and amenities (six o soccer fields). e visited the site day with a developer w o builds sports compl es for cities. The eveloper captures a po on of the site for com rcial with the re ining portion turned bac to the City for use as i eems appropriat . CSD/R�e responded to C/Grunh that as information out a sports compl became available he , ould bring it to the Cgrnmission. 3. OLD BUSINESS: 3.1 Consideration of Change to Skate Park Rules to allow use of Scooters in the Skate Park. RSIWright reported that staff researched this matter extensively and asked CA/Jenkins for his comments as well. CA/Jenkins confirmed that similar to roller blades and bikes the City was not legally exempt from Razor injuries. A JPIA representative stated that so far there had been no cases or lawsuits brought against cities involving Razors in skate parks and until a claim was brought the JPIA would not take a stance, rather provide only a recommendation to protect the City and its assets. CA/Jenkins was concerned only about whether Razors would be any more dangerous than a skateboard should they become flying objects. Laverne and Claremont were aware of Razors in their parks and although the cities do not condone their use it is unsupervised. Because of the lack of immunity the cities indicate that they are hesitant to allow them in the skate parks. CSD/Rose responded to VC/Torres that the City did not allow bicycles in the skate park. C/Grundy said he had hoped that the City Attorney would submit a strong MARCH 24, 2005 PAGE 4 P&R COMMISSION statement for or against this type of activity because it wound maKe me Commission's job much easier. He was concerned that there was insufficient information to permit the Commission to make a decision to allow Razors in the skate park. In response to VC/Torres, RSIWright said that today he spoke with representatives of Brea and Rancho Santa Margarita and their comments were similar to the JPIA that there was no precedence for allowing Razors in the skate park. Lora Illig, 23568 Prospect Valley Drive said that her son and others had submitted their comments to the Commission in January. She felt it was very important for kids of her son's age to be able to participate in positive activities. They like to scooter and they are good at it. However, they are not allowed to use them anywhere in the City. She asked the Commission to consider allowing Razors in the skate park. Rick Illig said that the Razors stayed in the hands of the user and when the user fell the Razor stayed with the rider. On the other hand, skateboards fly free when kids fall. He would be very disappointed if the kids were not allowed to participate with their scooters. VC/Torres asked if scooters were allowed or disallowed at this time. CSD/Rose responded that the code specifically disallows scooters in the skate park, a decision that was rendered upon opening of the skate park. Currently, officers have a right to request that kids using scooters leave the skate park or issue a citation if they feel it is necessary. He believed that Razor scooters and bicycles have been used at the skate park. Some have been cited and some have not. Although information regarding this meeting was posted at the skate park staff received no telephone calls from interested or concerned residents. VC/Torres said he agreed with ClGrundy that he hoped the Citywould take a position one way or the other on this issue. ClChang asked for additional time to consider this request. ClGrundy said that regardless of the timeframe he would not be comfortable rendering a policy decision with no recommendation for or against from the City and the City Attorney and he wanted to know if there was a chance that staff could provide additional information that would allow the Commission to make an informed decision. CSD/Rose responded that the next opportunity for staff to speak with the coalition would be in two months. In the interim staff could send out a letter to the members asking for additional feedback. ClGrundy asked if JPIA had specific exclusions in coverage for certain activities and CSD/Rose responded "no." MARCH 24, 2005 PAGE 5 P&R COMMISSION VC/Torres felt that Razor scooters might present a hazardous activity and whywould cities not move to have immunityfor bike riding andlorscooters in skate parks? CSD/Rose explained that the State Legislature legislates whether it is a hazardous activity. Bicycling, skateboarding, skiing, skydiving, trick bicycle riding, etc. are defined under state code as "hazardous recreational activities." Understate code hazardous recreational activities are limited from liability if an individual is 18 years old or older. The uniqueness of skateboarding is that the state legislature lists skateboarding down to the age of 14 for limited liability. If a child age 14 breaks a wrist in the skate park, for instance, as long as the City constructed the skate park to industry standards the City would face no liability. This would not be the case for other activities. The only reason it works for skateboarding is that there were so many issues with skateboarders using commercial parking lots, streets, etc. that agreement was reached at the state level that it would be better to take a chance on a few kids being hurt than put them at greater risk in the public arena. VC/Torres asked if staff saw a conflict in allowing scooters in the skate park along with skateboards. CSD/Rose said he did not see a built-in conflict. One of the main reasons scooters were listed at the beginning when the skate park first opened was because staff witnessed young kids aged 7 and 8 on scooters. The bottom of the Razor was scraping the concrete and Purkiss- Rose was concerned that the scooters would break the concrete. Likewise, the designer was concerned about bicycles because the sprocket breaks the concrete. Someone who is experienced in the use of scooters would not damage the concrete. Skateboards also have metal parts and when the user grinds his skateboard the bolt on the axel damages the concrete. In his opinion, it was unlikely that scooters would cause any more damage than skateboards. Rick lllig said that the scooter riders are currently using commercial parking lots and streets. If they were able to use the skate park it would provide a safe arena and cut down on the safety risks. CSD/Rose explained that immunity for skate parks for minors is that 1) cities supervise the skate park during hours that it is open for use or 2) cities do not supervise the skate park and post and enforce the rules. JPIA says that in order to provide the safest possible facility with respect to liability cities should require that any minor under 14 sign a waiver and that the City should maintain that waiver on file prior to allowing that individual to use the skate park. In order to enforce this, a staff person would have to be present to enforce the rules during hours when the park was open. Under this scenario the City would be liable for any use whether it was authorized or unauthorized. C/Grundy recommended that staff ask the City Attorney to consider these two scenarios and make a specific recommendation to the Commission about the viability of posting rules that state "Razors are not allowed unless you have filed a waiver of liability with the City." He also wanted to know if CA/Jenkins felt this would provide the City with adequate protection. MARCH 24, 2005 PAGE 6 P&R COMMISSION 4 CSD/Rose cautioned the Commission that whereas Razor scooters wouko not interfere with the use of the skate park, bicycles would interfere unless there were specific hours set aside for bicycling only. C/Chang felt that in retrospect scooters and skateboards were very similar. In fact, having used a scooter she felt skateboards were more dangerous. C/Grundy moved, ClLiang seconded to continue the matter to the April 28 meeting with the recommendation that staff follow up with CA/Jenkins for responses prior to the meeting as well as attempt to find other cities that allow scooters in skate parks. Without objection, the motion was so ordered with Chair/Lyons being absent. 3/knowwhatprev to Parks due to egal Vehicle Entry se to CIGru y, CSD/Rose explai ed that the stron st law is the Vehicle de that calls out a $ 00 fine plus da ges. The City ms this ty a of damage an infr tion and the first ffense is $100, the se nd and $500 for the hird offense. CI rundy wanted to nted the City from ha ng a veryaggre ive penalty such as $1,000 or $5, 0 and would it be e orceable? C/Grundy ggested that the Ci reconsider the ity Code penalty fo this type of o nse, re -codify it as misdemeanor d increase the am nt of penalty. 3.3 Yout Master Plan Grundy recoMa/ me ed that Com ssioners study the CI remont plan before making a d ision on the revi ed D.B. plan. He further ecommended that the Commis on schedule a s dy session to reach a d cision about the plan based o a thorough stud of both documents pri r to the meetin . VC/Torres c curred. The Co fission agreed to chedule a study sessio for Wednesday, pril 13 at 7 0 p.m., location t be announced. NEW BU 4.1 Project List for the ?005106 FY Budget. CSD/Rose aske if the Commissioners fe any of the listed ' ems should be deleted or give priority. Peterson Park hould include r ov/ea Oak along th trail. He reported that he portable bui ing at Canyon /Pawould soon be re oved due to s poor.Commissrs concurred to inclu Peterson Par poison Olalong the ClLiang said that fr m personal exp rience the kshould absolutely be removed for the protecti n of the cwondered why the City Council would not consid thisapriority. JANUARY 27, 2005 PAGE 4 P&R COMMISSION camera at t park entrance capture the license pi numbers. Uutl g agreed. C/Lia g suggested t attention could be ught to the reside via the Cit Newsletter king them to report se types of inciden to the City a /or the She ' 's Department. CSD/Ros anked the Commi oners for their valuabl input and saiat staff w d take their sugges ' ns under advisemen and report baeat a futur eeting. 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 nota 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. ANNOUNCEM NTS: CSD/Rose tated that the next arks and Rec ation meeting washeduled for Thursda , February 24 at 7:0,0 C/Liang ked if other dams had occurred to )ft D.B. Cente during the re s. CSDIRose said th a was some minor mage to the od in the Oak Room nd other areas of th enter. In general t re was little da age to the City's ;PSatrk and public rights of ay. Chang announce that the Diamond ar Community oundation agre to ablish a relief f d collection accou for the Minne a and Sunset Cr sing landslide. She ' ited everyone to a nd the Chines New Year Lunar estival February 12 ginning at 9:30 a.m t D.B.H.S. VC/Lyon asked if it would be ppro priate for th Commission to s d a letter of al tion to Mt. Calvary t nking them for u of their gym and w the use had grea improved the yout basketball progr . She sa/she Snowfest was wo derful and that sh horoughly enjoy/d herself anld tell that the c Idren enjoyed the elves as well. S felt there shonch list item to /view thesounds em in the Diamo Bar Center ballusethere habeen many com ints from people ho were seated aof the ballro mand could not arthe speakers a d she noticed the prell. Chair/Gru y wished ever tragedie ad occurred in reflect the many benefi ADJ6URN NT: Upon moti r further bu ' ess before the P ks meeting 8:31 p.m. Attest: Dave Grundy, Chairman ioneA Happy New Year. S,Ace the last meeti several th nation and he felt it/Vas appropriate f people to enjoyed by the citize of D.B. by C/Chang, secon d by C/Liang a there being o &Recreation Com ssion, Chair/Gru dy adjourned e Respectfully Submitted, Bob Rose, Secretary THE CITY OF DIAMOND BAR CITY COUNCIL WILL CONSIDER REVISING THE SKATE PARK RULES TO ALLOW RAZOR SCOOTERS ON TUESDAY, JUNE 21, 2005 AT 6:30PM IN THE GOVERNMENT CENTER AUDITORIUM 21865 COPLEY DRIVE, DIAMOND BAR. THE PUBLIC IS INVITED TO ATTEND TO PROVIDE COMMENTS. IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE RECREATION DEPARTMENT AT 909.839.7060. CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # $ 2 Meeting Date: 6/21/05 AGENDA REPORT VIA: Linda C. Lowry, City Manager TITLE: CONSIDERATION FOR ADOPTION OF RESOLUTION NO THE YOUTH MASTER PLAN RECOMMENDATION: Adopt. 2005 -XX APPROVING FINANCIAL IMPACT: There are no financial impacts related to the adoption of the Youth Master Plan. BACKGROUND: The process to develop the community Youth Master Plan was started on September 12, 2003, when the first meeting of the 21 -member Steering Committee was conducted. Since that date, the following efforts have been made to collect research material used to create the plan: 1. Develop Demographic Profiles 2. Conduct Public Workshops a. One (1) Community at Large b. One (1)Youth Workshop 3. Conduct Three (3) Stakeholder Workshops 4. Conduct Stakeholder interviews 5. Create a Program Service Inventory 6. Create a Service Organization Inventory 7. Create a Facilities Inventory 8. Conduct a Telephone Survey of Diamond Bar Households 9. Conduct the Search Institute Attitudes and Behavior Survey 10. Develop a Juvenile Crime Profile 11. Review Existing community analysis and reports a. Park and Recreation Master Plan b. Trails Master Plan c. California Healthy Kids Survey d. Sports Complex Task Force Report The collection of this research material was simply the beginning. After collection, a comprehensive analysis and review had to be completed. This was done by the Steering Committee, with input by the public at stakeholder meetings. After the completion of the analysis, the Steering Committee determined the specific needs and the issues and challenges facing Diamond Youth and their families. This led to the Steering Committee's development of recommended action goals that address the identified needs, issues, and challenges. All this material was combined into a single document in draft format and presented as the draft Youth Master Plan. The Parks and Recreation Commission reviewed the draft Youth Master Plan between November 18, 2004 and April 13, 2005. On April 13, the Parks and Recreation Commission voted unanimously to recommend adoption of the Youth Master Plan to the City Council. Copies of the Youth Master Plan were then distributed to the City Council, as well as to the school board members of the two districts serving Diamond Bar. Staff made a presentation of the Youth Master Plan at the City Council Study Session on June 7, 2005. DISCUSSION: The purpose of the Youth Master Plan is for it to serve as a framework, based on scientific research and techniques proven effective in the real world, which can be used by the community to implement a cooperative delivery system of services and facilities that support families and youth. The goal of the Youth Master Plan is to help the Diamond Bar community develop its youth so that they may reach their full potential as adults. Outcomes expected from the implementation of the Youth Master Plan include: 1. Collaborative relationships that result in better opportunities to receive competitive grant funds. 2. Services that better meet the needs of the community. 3. Sharing of resources to increase the amount of services at no additional cost to the City's General Fund. 4. Baseline statistical data that provides the foundation for developing outcome based recreation and human services programs for the future. 5. Documentation of progress on the community's ability to respond to the needs of youth based upon reliable and valid data received from youth. There are 36 action goals listed in the Youth Master Plan. Of the 36 goals, there are four goals that staff believes should be considered first to serve as a bridge from the development of the Plan to the implementation of the Plan. These four action goals are: 1. After adoption of the Plan by the City Council, seek adoption of the Plan by each of the school district boards. 2. Determine the "Collaborative Model" that serves as the framework for community participation in the implementation of the Plan. 3. Develop the Collaborative by inviting appropriate individuals to volunteer to serve, with a mix of people who are: youth service practitioners, fundraisers, youth and family policymakers, researchers, community leaders, youth and parents who understand and believe how youth, families and the community can be positively impacted by the successful implementation of the Youth Master Plan. 4. Identify and adopt a Youth Development Model. The Collaborative will collectively determine the youth development model. This model will become the basis upon which the Youth Master Plan is implemented. Staff believes the Youth Master Plan, as presented, is a dynamic, useable document that will guide the delivery of services and programs that support the healthy development of Diamond Bar's youth. The Youth Master Plan document will be utilized for grant fund procurement based upon the statistical data collected and description of trends and issues affecting young people. The Youth Master Plan will also facilitate meeting the teen program and teen advisory committee goals of the adopted Parks Master Plan. The development of the Youth Master beginning. It is estimated the plan will beginning in 2005 and continuing until process. Director of Community Services Plan has been a two-year process. require an implementation period of at least 2015. Adoption of the plan James DeStefano Assistant City Manager But this is still just the at least ten (10) years, is the next step in the RESOLUTION NO. 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE YOUTH MASTER PLAN WHEREAS, the City Council sponsored a community committee to guide the process in the development of the Youth Master Plan. WHEREAS, the community committee conducted numerous public workshops, meetings and surveys to solicit input from and about the youth of Diamond Bar. WHEREAS, the Youth Master Plan presents the goals and the processes that will assist the community to strive to meet the diverse needs of youth in the community. WHEREAS, the Parks and Recreation Commission voted unanimously at their April 13, 2005 meeting to recommend adoption of the Youth Master Plan to the City Council. WHEREAS, the City Council recognizes the benefits of partnering with the Pomona Unified School District and the Walnut Valley Unified School District as they work together to implement the plan. WHEREAS, the City Council recommends that Pomona Unified School District and the Walnut Valley Unified School District adopt the Youth Master Plan. WHEREAS, the City Council is committed to working with both school districts, the youth of Diamond Bar and the entire community to implement the strategies of the Youth Master Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION 1. The City Council hereby approves the Youth Master plan. SECTION 2. The City Council hereby declares it's commitment to the implementation of the Youth Master Plan through collaborative efforts with the Pomona Unified School District and the Walnut Valley Unified School District, who together shall lead the implementation efforts. SECTION 3. The City Council hereby directs staff to meet regularly with community organizations to implement the strategies of the Youth Master Plan SECTION 4. The City Council authorizes the Mayor to sign this resolution and the City Clerk to attest and certify the adoption of this resolution. ADOPTED THIS DAY OF ATTEST: DAVID DOYLE Acting City Clerk APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF DIAMOND BAR WEN CHANG Mayor , 2005 I, DAVID DOYLE, ACTING CITY CLERK of the City of Diamond Bar do hereby certify that the foregoing Resolution was adopted 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: Acting City Clerk CITY COUNCIL Agenda # s . 3 Meeting Date: June 21, 2005 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager�Ptt TITLE: Nominate a Diamond Bar Resident to fill a vacancy on the Public Safety Committee RECOMMENDATION: It is recommended that the City Council nominate a resident to be considered as a member of the Public Safety Committee. The nominee will be reviewed and approved by Captain Kwan of the LA County Sheriff's Department. FINANCIAL IMPACT: There is no financial implication associated with this action. BACKGROUND: The Public Safety Committee meets monthly and reviews the public safety information for Diamond Bar, Walnut and the unincorporated area of Los Angeles County policed by the Diamond Bar/Walnut station. On May 17th the City Council accepted a letter of resignation from Public Safety Committee member Robert Marvin. However, in actuality this letter of resignation should have been submitted and accepted by the Captain not the City Council since he is the appointing authority. In any event, since Mr. Marvin's resignation, staff has advertised the vacancy on DBTV and the City's website. The City Clerk received the attached letters from Diamond Bar residents indicating their desire to be considered for the vacant position. Once a nominee is slected, City staff will forward the nominee's information to the Sheriff Department for consideration and appointment by Captain Kwan. PREPARED Y: Assi's'tant'*6 anager May 31, 2005 To: The City of Diamond Bar JUN 0 Mayor Wen P. Chang Mayor Pro Tem Deborah H. O'Connor Council Member Carol Herrera Council Member Bob Zirbes I would like to fill the vacancy on the Public Safety Committee. I have lived in Diamond Bar since January 1976. Married for 38 years, a Daughter 37, a Son 36, a Grandson 9, and Buster our Dog. I have spent time like many dads coaching Little League baseball, Girls softball, and Boys & Girls Soccer. In 1995 I attended the 13 week Citizen's Academy Class # 6 at the Walnut Sheriff s Station under then Captain Larry Waldie. This program does open your eyes to a much better understanding of how Law Enforcement works. In January 1998 & January 2001 I applied for this Committee. In 1999,2000,2002,2003 1 was on the Board of Directors for the Diamond Bar Country Estates Association. The last three years as President. I believe in Volunteerism, at your church, or school, or your community where you live. Respectfully, Paul Akin 909-861-7787 JPA99@EARTHLINK.NET JOHN K. LEE 22954 Estoril Dr. Unit 4 Diamond Bar, CA 91765 (909) 630-5216, guessjlee@yahoo.com June 6, 2005 Dear Honorable Mayor Wen Chang and Members of the City Council, This is my letter of interest for the current vacant position on the Los Angeles County Sheriff's Department Diamond Bar/Walnut Station Public Safety Committee. By serving on this committee, I can act as a bridge between the community of Diamond Bar and the public safety services. Public safety is a vital service for a prosperous community. To obtain this, communication and positive dialogue between the public and the appropriate agencies need to occur. I have a desired interest to serve as a link between these two groups. Who is John K. Lee: • Resident of Diamond Bar since 1990. • Graduate of Diamond Bar High School (1995) • Graduate of Cal Poly Pomona, B.A. in Political Science (1999) • Currently employed with the City of San Dimas o Administrative Aide (5+ years) Serving as a member of this committee will allow me to: • Examine the public safety services as they affect the people of Diamond Bar. * Interpret public safety concerns to both the community and the professional public safety personnel. • Work with others to evaluate current public safety programs and develop plans for future safety concerns. • Develop and maintain strong working relationships with fellow committee members, City Council, Sheriff's Department, and the people of Diamond Bar. Through my education and work experience, I have always had a keen interest in serving the public. I am a dedicated, loyal, sincere, and hard-working person who fulfills my duties and commitments. I am also up for the challenge that comes with this position. I thank you in advance for the consideration. Sinc ely, J K. Lee Mr. David Doyle Deputy City Manager Diamond Bar City Hall 21825 Copley Drive Diamond Bar, CA 91765 Dear Mr. Doyle, My interest in serving the City, as well as my enthusiasm for Diamond Bar, has been building for a long time. 36 years ago Diamond Bar became home for me, my wife and our 6 children. We now have grandchildren being raised in this community. My wife and I plan to stay here and want to see the City continue to supply the necessary environment for families to raise their children safely, with opportunity for good education, in friendly neighborhoods. I have been receiving benefits from the City since its inception. As Diamond Bar evolved from an unincorporated area and grew into a city in its own right, so has my family and business grown. Diamond Bar provided my family with an unequalled environment for their personal growth. During that time I nurtured my fledgling business from a startup in 1971 into a national and international manufacturing and marketing company. It has been my recent good fortune to sell this company, which allows me the time to repay the city through the contribution of my forty-five plus years of business experience. At the end of September I will officially be released from all duties related to the business and will have free time to devote to city responsibilities. I was one of the founders of and I ultimately became the sole stockholder of Talicor, Incorporated. From a fledgling organization, I built this company into multimillion - dollar entity. Nationally and internationally, Talicor became both known and respected in its field. To accomplish this feat I developed a core group of critical abilities including; respect for others, excellent written and verbal communication skills, commitment to fiduciary responsibilities, personal integrity, team building, multi -tasking, and the unique ability to unite all stakeholders (employees, customers, suppliers) towards one common goal. Determining customer needs, as well as providing customer satisfaction is also a critical skill. 45 years in business has proven my ability to solve or resolve problems by working with and through others. I have gained wisdom and discernment through the years and know that I will use sound judgment on issues brought before me. CEO and Chairman of Talicor, Inc.: • Coordinated efforts of offices located in three states, as well as overall responsibility of up to 35 employees. • Supervised and motivated a sales force of nearly 100 independent sales representatives. ■ Created positive business relationships with 200+ vendors, in support of supplying products to over 6000 retail outlets worldwide. As already stated my wife and I have raised six children in Diamond Bar. We have been involved in the Diamond Bar Sister City Student Exchange Program, Y Indian Guides, Campfire Girls, Boy Scouts, Little League, Pop Warner Football, Junior and Senior High School and College Sport and Music Programs. My wife, Susan, was one of the original members of the Diamond Bar Chamber of Commerce. We have attended church here for over twenty years. Having owned two different residences in Diamond Bar, one home in south end of the city and one in the city center, I bring a unique historical and geographical outlook to the challenges Diamond Bar has faced over the past four decades. As previously stated, I have been mostly a consumer of the advantages offered by our community. I am now in a position to concentrate my energy and talent in the role of a servant to the community. Sincerely, Lew Herndon 22853 Rio Lobos Rd. Diamond Bar, CA 91765 Ph, 909 860-4072 Cell 909 HERNDON (437-6366) Fax 909 860-5472 Bob Huff Steve Tye Larry L. Redinger 23999 Gold Nugget Ave. Diamond Bar, CA 91765 (909) 861-4703 References WVUSD President, Board of Trustees Dean, Natural Sciences Mt. SAC (909) 374-3453 Mark Hopper Senior Pastor 1125 Grubstake Drive Diamond Bar Evangelical Free Church Diamond bar, CA 91765 3255 S. Diamond Bar, CA 91765 (909) 860-9556 (909) 594-7604 Mrs. Jay C. Ryu One Hour Cleaners 1164 S. Diamond Bar Blvd. Diamond Bar, CA 91765 (909)861-5485 Jim Konoske Auction Broker Antiques, Art & Collectables 3506 Crooked Creek Diamond Bar, CA 91765 (909) 595-9899 Brian D. Koffman, MD 1514 S. Valley Vista Dr, Diamond Bar, CA 9176 (909) 860-1144 Randy Sandeen 1573 Meadow Glen Rd Diamond Bar, CA 91765-3026 909-861-5936 I only have chosen to provide a few references of individuals that work or reside in Diamond Bar, I can provide national and international business references if desired. 3 June 16, 2005 City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 Attn: Mayor Wen Chang Re: Public Safety Commission Appointment Dear Mayor Chang: I am applying for the appointment to the Public Safety Commission. I am very interested in our community and am involved in different ways. I was previously a member of the Public Safety Commission for four years. Since that time I have continued to attend the meetings on a regular basis. While on the Commission I was involved in bridging the gap between the community and the Sheriffs Dept. I also have completed all the requirements for the position. (ie: Regional Conferences, Citizens Academy, both City Council Academy's and Ride A Longs). I worked with the Community and City Council, meeting with many citizens in our community to find out what concerns they had reguarding their safety and any issues they had with the Sheriffs Dept. Being a good liaison between the City Council, LASD and the Community is very important and I will always give 100% of myself to this issue. I believe that you should always give 100% of yourself when taking on a position and I promise to do that if appointed to the Commission. I have been involved with the Los Angeles Sheriffs Dept as a volunteer for over 12 years, and for the past 3 years I have been a volunteer with the California Highway Patrol. I am involved with numerous volunteer organizations within our community. Having previous experience to this Commission, I know what it takes to make a difference in our community. Being a retired police officer I believe also makes me knowledgeable to handle some of the inside issues that come before the Commission. I would greatly appreciate your consideration to this appointment and thank you for your time. Sincerely, Mary Matson _ 1310-A So. Diamond Bar Bl Diamond Bar, CA 91765 909: 396-0518 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 5` ax DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Q TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUa Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK - & ILI i n �(U n— Pre f DATE: I Lloeo r' ml S" S F!J N PHONE: 909: 6 22.131 {; I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Sianature �I TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: :Sb T rQ:d ear-. V� = PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. IU TO: FROM: ADDRESS: ORGANIZATION: Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK i" DATE: PHONE; I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK l FROM: aAo TA L-of=E� DATE: OCo��1lbs ADDRESS: ( 5) bw • - N t``-' .-j PHONE: ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. TO. FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK DATE: / PHONE: I expect to address the Council on the subject agenda item. Please have the Counc'r! Minutes reflect m� name and address as written above.