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11/4/2006
CITY OF DIAMOND BAR CITY COUNCIL AGENDA November 4, 2008 Next Resolution No. 2008-41 Next Ordinance No. 06 (2008) CLOSED SESSION: 5:45 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(c) Initiation of Litigation — One Case. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Ahmad H. Sakr, PhD Islamic Education Center Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming the Month of November as "Lions White Cane Days." BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Bob's Big Boy Restaurant, 21090 Golden Spgs. Dr., as Business of the Month, November, 2008. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21825 Copley Dr., Diamond Bar, California, during normal business hours. November 4, 2008 PAGE 2 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Sacramento Update by Assemblyman Bob Huff. 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 i'comgletion 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 briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. :SCHEDULE OF FUTURE EVENTS: ;5.1 Veterans Recognition Ceremony — November 5, 2008 — 9:00 —11:00 a.m., Diamond Bar Center, 1600 S. Grand Ave. 115.2 Veterans Day Holiday — November 11, 2008 — City offices will be closed in observance of the Holiday. City Offices will reopen Wednesday, November 12, 2008. 5.3 Planning Commission Meeting — November 11, 2008 — Will go dark due to Veterans Day Observance. 5.4 Traffic and Transportation Commission Meeting — November 13, 2008 — 7:00 p.m., AQMD/Government Center Board Hearing Room, 21865 Copley Dr. 5.5 Steep Canyon Trail Dedication — Saturday, November 15, 2008 — 10:00 a.m., Steep Canyon Rd. at Clear Creek Canyon Dr. (Free parking/shuttle from Diamond Bar Center, 1600 S. Grand Ave., from 9:30 a.m. to 12:00 P.M-) 5.6 City Council Meeting — November 18, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. November 4, 2008 PAGE 3 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session for October 21, 2008 —Approve as submitted. (b) Regular Meeting of October 21, 2008 — Approve as submitted. 6.2 Planning Commission Minutes - Regular Meeting of September 23, 2008 - Receive and file. 6.3 Parks and Recreation Commission Minutes — Regular Meeting of September 25, 2008 - Receive and file. 6.4 Ratification of Check Register — Ratification of Check Register dated October 16, 2008 to October 29, 2008 totaling $853,469.62. Requested by: Finance Department E3.5 Preliminary Treasurer's Statement - Month of September, 2008. Recommended Action: Approve. Requested by: Finance Department 6.6 Approve Amendment No. 1 to the Contract with TRG Land Inc. in the Amount of $48,826 for Land Planning Services for Property Owned by the Walnut Valley Unified School District (WVUSD); Appropriate $28,826 from General Fund Reserves; and Approve Amendment No. 1 to the Reimbursement Agreement with WVUSD Increasing the Reimbursement Amount and Approving a Methodology of Dividing the Land Sale Proceeds. Recommended Action: Approve Amendments and Appropriate. Requested by: City Manager 6.7 Approve Work Performed by International Pavement Solutions for Construction of the Storage Container Pad at Pantera Park; Direct the City Clerk to File the Notice of Completion and Release the Retention Thirty-five Days after Recordation Date. Recommended Action: Approve, Direct and Release. Requested by: Community Services Department November 4, 2008 PAGE 4 6.8 Award Design/Construction Administration Services for 2008-09 Community Development Block Grant (CDBG) Curb Ramp Installation Project to Norris-Repke in the Amount of $25,890 and Authorize a Contingency Amount of $2,500 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $28,390. Recommended Action: Award. Requested by: Public Works Department 6.9 Approve Contract Amendment with Advantec Consulting Engineers for On -Going Citywide Traffic Signal Timing Program in the Amount of $50,000 for a Total Authorization Amount of $50,000. Recommended Action: Approve. Requested by: Public Works Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard. 7.1 Public Hearing — Resolution No. 2008 -XX: Vacating a Portion of Via Sorella Street. Recommended Action: Open the Public Hearing, Receive Testimony and Continue the Public Hearing to November 18, 2008. Requested by: Public Works Department 7.2 Public Hearing - Ordinance No. OX (2008): Approving Development Code Amendment No. 2008-01 Amending Table 2-6 of Section 22.10.030 of the Municipal Code to Allow Limited Educational Uses in the Regional Commercial (C-3) Zone. Recommended Action: Open Public Hearing, Receive Testimony, Close Public Hearing and Approve for First Reading by Title Only and Waive Full Reading of Ordinance No. OX (2008). Requested by: Community Development Department 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION OCTOBER 21, 2008 RA' -T STUDY SESSION: M/Tanaka called the Study Session to order at 5:45 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Member Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka. Staff Present: James DeStefano, City Manager; David Doyle, Asst. City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Isaac Aziz, Network Systems Coordinator; Patrick Gallegos, Management Analyst; Ryan McLean, Assistant to the City Manager; Joyce Lee, Senior Management Analyst; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Marsha Roa, Public Information Manager; Anthony Santos, Management Analyst and Tommye Cribbins, City Clerk. ► PRESENTATION OF SUSTAINABILITY ACTION PLAN — Discussion and Action. Asst. to CM/McLean gave a brief presentation, and then turned it over to MA/Gallegos who spoke about current and ongoing programs including recycling programs. MA/Gallegos spoke regarding the mandates of AB 32 that aims to reduce greenhouse gas emissions to 1990 levels by 2020. Changes are coming, which means that it will change the way the City does business, the way it handles purchasing, projects, capital improvements, etc. Therefore, it is smart for the City to begin taking the steps to get to the sustainable future that will be expected from the City. SMA/Lee recommended the following actions be implemented with current resources and personnel: 1) Develop purchasing guidelines that provide environmental friendly criteria; 2) replace City vehicles at the end of their useful life with hybrid CNG optional fuel vehicles to reduce fuel costs and overall ernissions. C/Tye asked what the recommendation meant and whether it would drive contractors away. ACM/Doyle said that whether the issues of placing restrictions and regulations on contractors doing business with the City would drive up the cost would always be a point of evaluation as part of this process and program. Staff does not want to put green measures in place that may not be feasible and may drive up the cost of providing a service without benefit to the community. Staff is very sensitive to these issues. OCTOBER 21, 2008 PAGE 2 CC STUDY SESSION M/Tanaka felt that AB 32 was also affecting other companies so waste haulers and Foothill Transit for example, should continue to move in that direction anyway. SMA/Lee continued that as part of the public outreach, the City's website will include a designated web page for environmental services so that residents and businesses can easily access environmental services such as where to recycle, green living tips, sustainability solutions, etc. At the same time DBTV will run environmental public service announcements. Additionally, the City could hold "green living" town hall meetings at the Diamond Bar Center. Staff would like to enhance marketing and target specific recycling programs for businesses. The City should promote "low impact development" and explained methods for retaining water on-site. Some builders have been using this building method. However, the City should consider mandating low impact development and include regulations in the City's Development Code. Additionally, it would be helpful if prior to planning any major projects and private development the City require an introductory meeting with environmental services and planning staff to kick off projects to ensure that all parties were on board with the sustainability goals. The last recommendation is for the subcommittee to enhance existing solid waste programs and establish safe local contract terms for waste haulers. The presentation went on with MA/Santos stating that one of the first long-term options the City can implement is to perform an energy audit and set reduction goals (looking at how much energy is used in City facilities and setting reduction goals for 5, 10 and 15 years) and use new technology to help meet those goals. Another option is LED lighting which has already been implemented in some street lights throughout the City. This option could be expanded to include City facilities such as Diamond Bar Center and park facilities. D.B could lead by example if it were to retrofit existing City facilities with new technology such as solar panels at the Diamond Bar Center, LED lights, incorporation of more efficient heating and air conditioning systems. In the event that some of these technologies are more expensive the City could seek grant funds to help offset the costs. The City could also revise its General Plan to include new technology into development plans which could lead to significant energy reduction in the long-term. Title XXIV sets energy efficiency standards for development in California and although it could be considered as promoting very high development standards the City Council could adopt those standards or move beyond the current standards. D.B. could do as other cities have done and offer development incentives for green technology (expedite a plan check, reduce fees, etc.) Parallel to energy conservation is water conservation as SMA/Lee spoke to earlier. The City could implement a computerized centralized irrigation control system with the help of grant funds and install drought resistant landscape materials similar to what is seen along Grand Ave. In light of ongoing concerns about water the City could adopt a water conservation ordinance similar to what other desert cities have done. OCTOBER 21, 2008 PAGE 3 CC STUDY SESSION Asst. to CM/McLean concluded that staff would research this matter and bring its recommendation to the City Council at a future date. The goal of tonight's presentation was to bring staffs recommendations to the City Council for comment and approval. C/Tye asked about the Chamber's role with businesses. ACM/Doyle responded that staff has focused most of its energy internally. Staff has not done much to interact with the Chamber relative to this program but it would be something that staff could look at if Council so directed. SMA/Lee said she was unaware whether the Chamber was doing any recycling or green outreach. From time to time they have an a -waste event which is the only event of which she is aware. C/Tye wanted to know how the City could help the Chamber be more involved. ACM/Doyle explained that the City would like to offer businesses incentives for becoming involved. C/Herrera recommended that the Council incorporate a recognition category for ,,green" businesses. C/Chang felt the Chamber should be involved and businesses should be encouraged to recycle. He also agreed that businesses should be recognized. ACM/Doyle said that most businesses currently fall under the standards of one bin with no second bin for recyclables. Now it is standard for new development. SMA/Lee stated that Valley Vista's charges $75.00 for recycling; however, there are waste haulers that would do it at no cost to the business. ACM/Doyle felt it was a matter of education and making it politically popular to have a "green" sticker. C/Tye said he believed in recycling but felt individuals and businesses should not be penalized and that the City should do everything possible to accommodate its people. ACM/Doyle assured C/Tye that staff was very aware of doing the best possible job with respect to saving the City money. MPT/Everett said he appreciated the team's input and felt the Council should move forward on the near-term items. He too was in favor of not legislating and doing everything possible to incentivize and encourage innovation and good stewardship. OCTOBER 21, 2008 PAGE 4 CC STUDY SESSION PUBLIC COMMENTS: None ADJOURNMENT: With no further business to come before the City Council, M/Tanaka adjourned the Study Session at 6:23 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of —2008. JACK TANAKA, Mayor Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 21, 2008 CLOSED SESSION: 5:00 p.m. — Room CC -8` . Public Comments on Study Session Agenda — None Offered. ► Government Code Section 54956.9(c) Initiation of Litigation — One Case STUDY SESSION: 5:45 p.m., Room CC -8 ON. Presentation of Sustainability Action Plan — Discussion and Action M/Tanaka recessed the Study Session to the Regular Meeting at 6:23 p.m. CALL TO ORDER: Mayor Tanaka called the regular City Council meeting to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that during tonight's Closed Session there were no public comments and no reportable action by the City Council. CM/DeStefano stated that during tonight's study session Council received a report from staff regarding sustainability program options and staff received direction from Council to move forward with certain items. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Everett led the Pledge of Allegiance. INVOCATION: Lee Bendell gave the invocation. ROLL CALL: Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett and Mayor Tanaka. Staff Present: James DeStefano, City Manager; David Doyle, Asst. City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Patrick Gallegos, Management Analyst; Ryan McLean, Assistant to the City Manager; Joyce Lee, Senior Management Analyst; Rick Yee, Senior Civil Engineer; Kimberly Molina, Associate Engineer; Isaac Aziz, Network Systems Coordinator; Marsha Roa, Public Information Manager; Anthony Santos, Management Analyst and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS OF THE MONTH: 1.1 M/Tanaka presented a City Plaque to Master Frank Gonzales, USA Fit Force Taekwondo, 932 N. Diamond Bar Blvd. as New Business of the Month for October 2008. OCTOBER 21, 2008 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: Lt. Joe Maxey reported that yesterday, based on information from a concerned citizen and hard work, on the part of Sheriff's Department staff, arrests were made of three individuals involved in the vandalism perpetrated at Sycamore Canyon Park. Lt. Maxey also announced that Sgt. Marc Saunders had returned to work following a long recovery from a motorcycle accident. M/Tanaka thanked the individual who assisted in the arrest of the vandals and thanked his colleagues for their offer that led to the arrest. 3. PUBLIC COMMENTS: Leticia Pacias, Community Services Representative with LA County Fire Department, announced that the Fire Department will be hosting a Fire Expo on Saturday, November 15 from 11:00 a.m. to 3:00 p.m. The Expo will include the Sheriff's Department, Animal Control, Red Cross as well as other agencies. The expo will focus on evacuations, vegetation management and building standards. The event will be held at the Regional Headquarters, Station 118, 17056 Gale Ave., City of Industry and admission is free. Ms. Pacias also announced that food and refreshments will be provided at no charge. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — October 23, 2008 — 7:00 p.m., AQMD/Government Center Board Hearing Room, 21865 Copley Dr. 5.2 Haunted House — October 30 and 31, 2008 — 6:00 to 9:00 p.m., Heritage Park, 2900 S. Brea Canyon Rd. (Admission $5.00 per person) — Not recommended for children under 8 years of age. 5.3 Fall Fun Festival — October 31, 2008 — 4:30 to 8:30 p.m., Heritage Park, 2900 S. Brea Canyon Rd. (Admission $5.00 per child). 5.4 City Council Meeting — October 21, 2008 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. OCTOBER 21, 2008 PAGE 3 CITY COUNCIL 6. CONSENT CALENDAR: C/Tye requested that Item 6.6 be pulled for further discussion. C/Herrera moved, C/Chang seconded, to approve the remaining items on Consent. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES Regular Meeting of October 7, 2008 — Approved as submitted. 6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of August 14, 2008. 6.3 RATIFIED CHECK REGISTER — dated October 2, 2008 through October 15, 2008 totaling $1,395,767.58. 6.4 APPROPRIATED $247,500 IN FEDERAL HUD SPECIAL GRANT FUNDS AND AUTHORIZED TRANSFER TO THE WALNUT VALLEY UNIFIED SCHOOL DISTRICT AS REIMBURSEMENT FOR IMPROVEMENTS TO THE DIAMOND BAR HIGH SCHOOL BASEBALL FIELD. 6.5 (a) APPROVED PLANS AND SPECIFICATIONS; AWARDED CONSTRUCTION CONTRACT FOR THE PALOMINO NEIGHBORHOOD TRAFFIC CALMING PROJECT TO PREMIER PAVING, INC. IN THE AMOUNT OF $74,549 AND AUTHORIZED A CONTINGENCY AMOUNT OF $7,500 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER; FOR A TOTAL AUTHORIZATION AMOUNT OF $82,049. (b) AWARDED CONSTRUCTION ADMINISTRATION SERVICES CONTRACT TO DMS CONSULTANTS, INC. FOR THE PALOMINO NEIGHBORHOOD TRAFFIC CALMING PROJECT IN THE AMOUNT OF $15,917.50 AND AUTHORIZED A CONTINGENCY AMOUNT OF $1,600 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER; FOR A TOTAL AUTHORIZATION OF $17,517.50. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.6 ADOPT RESOLUTION NO. 2008-40: OPPOSING MEASURE R ON THE NOVEMBER 4, 2008 BALLOT WHICH IF PASSED WOULD INCREASE THE COUNTY SALES TAX BY ONE-HALF PERCENT TO FUND SPECIFIC TRANSPORTATION PROJECTS. OCTO13ER 21, 2008 PAGE 4 CITY COUNCIL C/Tye explained that Measure R would completely ignore the eastern portions of LA County of which D.B. is a part. Since everyone is going to be paying the one-half percent sales tax for some time to come everyone should benefit, thus Council's opposition. C/Tye moved, MPT/Everett seconded to approve Consent Calendar Item 6.6. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 COUNCIL APPOINTMENTS: (a) APPOINTMENT TO THE LOS ANGELES COUNTY VECTOR CONTROL BOARD. ACM/Doyle presented staff's report and indicated that Audrey Hamilton was interested in continuing to serve on the Board. He stated that if the Council so chooses they can reappoint Mrs. Hamilton; appoint another individual; or, a member of the Council for either a two-year or four-year term. C/Herrera moved, C/Tye seconded to reappoint Audrey Hamilton to serve as the City's representative on the Los Angeles County Vector Control Board to serve a term of two -years. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None (b) APPOINTMENT TO THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY WILDLIFE ADVISORY COMMITTEE. ACM/Doyle stated that the City currently holds two seats on the Advisory Committee, one of which is filled by Mr. Bill Herrick who has indicated that he was not interested in continuing on the Board and by Mr. Davis who has indicated that he would be willing to continue serving on the Committee. OCTOBER 21, 2008 PAGE 5 CITY COUNCIL M/Tanaka moved, C/Tye seconded, to reappoint Steven Davis to the Wildlife Corridor Conservation Authority Advisory Committee and hold the application process open until the Council has other candidates to consider for the remaining seat. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 SOLID WASTE SUBCOMMITTEE RECOMMENDATIONS: (a) Solid Waste Franchise Negotiation/RFP Process Integrity Rules. (b) Approval of City Council Solid Waste Subcommittee to begin proposed negotiations with current Haulers (c) Award of Contract to Hilton Farnkopf & Hobson, LLC (HF&H) in the amount of $150,000 for as -needed solid waste negotiation services. CM/DeStefano stated that the recommended series of protocols have been used by other cities when going through the contract renewal/extension process for waste haulers. Other cities have had conflicts with waste haulers and potential conflicts with City Councils. Staff is attempting to ensure that the waste haulers understand the rules. Council Members will be kept apprised while the process is undertaken through the next several months. The reason this is being proposed at this point rather than any other subcommittee that the City Council has ever had is because of the size of the contract. The City is probably looking at a minimum 10 -year contract renewal or new for the waste haulers and possibly a 15 or 20 -year contract depending on the result of the negotiations. This is a very, very large contract (possibly $150 million) and one of the most significant decisions the Council will make. C/Tye was opposed to the rules proposed by staff and felt that the Council could and would police themselves during negotiations. C/Chang said that a couple of months ago he received the City Manager's report about the negotiation and bidding process. At that time he spoke with staff to say that he was not in favor of the negotiation process and felt that for this type of process that affects every resident and household should go through a very open bid process with clear rules and regulations. Personally, he does not feel that individual negotiation is good government action. Because of the amount and length of the contract it should be an open bid process. OCTOBER 21, 2008 PAGE 6 CITY COUNCIL MPT/Everett said he appreciated his colleague's input and that it had given him a perspective he had not considered. He too is dedicated to the highest integrity and commitments that were highlighted by C/Tye and C/Chang. One key element, in order to keep any question of perception or any other misunderstanding as he read the proposed rules is to keep everything very clinical. Whether or not there are negotiations or an RFP the concept that has been discussed in the subcommittee meetings is the fact that the work that will be done in negotiations is fundamental to an RFP should the City choose to move in that direction. The guidelines would apply to all Council negotiations. He felt that the City cannot control the elements and perceptions in the marketplace; the size of D.B. and these measures will help control them. For that reason he feels these items should be considered. M/Tanaka stated that the subcommittee felt there was no dissatisfaction or complaints from the current vendors. Based on those assumptions the subcommittee moved forward with ideas about how to open the matter for renegotiations for the waste hauler contracts. The fact that the rates, the amount of the charges and what services each hauler is able to provide are part of the public record and would be incorporated in the recommendations to the Council. C/Herrera said she appreciated the subcommittee beginning the process and felt that since this is such a vital and important topic she would recommend there not be a subcommittee; and, as this item moves forward with a consultant it should be brought to the entire City Council. All City Council Members were elected to make decisions and to give input on behalf of the residents. C/Chang said he agreed with some of C/Herrera's comments. He felt the City should not go through a renegotiation process and that in his opinion that a better government practice would be an open bid. He also suggested that there be a study session prior to the matter being placed on the agenda for a final decision. MPT/Everett said that if a subcommittee does not make the process more efficient there should not be a subcommittee. If the entire Council wants to be a part of the process should the Council continue in the current path, that is an option. He did agree with C/Chang that before anything further is considered there should be a study session so that all Council Members can engage in the discussion process. M/Tanaka stated that as a member of the subcommittee he fully agreed with his colleagues and if possible he would like to table the matter and bring it back as a study session item. C/Herrera seconded the motion. Motion approved by the following Roll Call vote: OCTO13ER 21, 2008 PAGE 7 CITY COUNCIL AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: (D/Herrera said she was pleased to attend the Target Ceremony/Presentation last Friday morning. Target gives back to the community and after being in business only about a year had presented $15,000 to D.B.H.S., $3,000 to Maple Hill Elementary, $6,000 to Quail Summit Elementary, $6,000 to Suzanne Elementary School, $3,000 to Southland Christian School and $2,000 to the Sheriff's Department. She felt it was a fabulous gesture from a wonderful corporate sponsor. She urged everyone to support this store that is giving back to the community in a wonderful way. C/Tye said that on October 9 he attended a Neighborhood Watch meeting in the Tierra Loma and Moniteau PI, neighborhoods. Deputy St Amant put on a great program and was delighted to see neighbors mixing and taking action in their neighborhoods. He was thrilled that the reward offered for information regarding the destruction at Sycamore Canyon Park had done the trick and that the responsible parties will be prosecuted. Last Wednesday he attended the Three Valleys presentation. Over the weekend he and C/Chang attended the Contract Cities Seminar, water being a big issue. He encouraged residents to consider applying for the WCCA Advisory Board vacancy and thanked Steven Davis for his willingness to continue serving D.B. He found it interesting that Christy Passoth, a 7th Grade Language Arts teacher at Chaparral Middle School encouraged several of her students to enter their work in the 2008 Los Angeles County Fair's Education Expo and the young poets who are now in the 8th grade who were recognized and won awards are Sarah DeMontiverde, Helen Park, Joycelyn Chin, Jennifer Lim, Dee Dee Cho, Luke Lou and and Angie Chu. Jennifer Lim also won Best of Class, Best of Division and Best of Show. He welcomed back Sgt. Marc Saunders and asked him to please be careful. C/Chang thanked the waste hauler subcommittee for their recommendation; however, felt it is better to engage the full Council on the matter. He believed that all Council Members were working toward the same goal for a better community. He and C/Herrera went through this very lengthy and difficult process 10 years ago and understands that the pressure is on to make the best decisions and not have anything backfire on the community. He again thanked NI/Tanaka and MPT/Everett for going through the process. He thanked staff for the Halloween programs for the children and encouraged everyone to participate in the Fall Fun Festival. MPT/Everett thanked his colleagues for the lively discussion this evening and for the direction which he fully supports. He thanked staff for their work with the solid waste future planning and for the excellent report from staff's team to review OCT0E3ER 21, 2008 PAGE 8 CITY COUNCIL the sustainability program options. He appreciated the effort, ideas and attitude for creative sustainable "green" programs. He too enjoyed the Neighborhood Watch meeting hosted by Volunteer Patrol member Duarte. Later in the month he joined Deputy St. Amant on Rim Ln. near Ronald Regan Park. He invited residents to participate in Deputy St. Amant's related seminar regarding ID fraud prevention and earthquake preparedness tomorrow, Wednesday, October 22 at 7:00 p.m. at the Congregational Church on Diamond Bar Blvd. near Pathfinder Rd. He thanked Steven Davis and Audrey Hamilton for their service. He commented on his attendance at the Three Valley's leadership breakfast. Later that morning he attended a session presented by the San Gabriel Valley Economic Partnership discussing Measure R, Measure RR, Proposition 7 on renewable energy, the balance of the Propositions and Presidential consideration as they relate to southern California. Friday, October 17 he attended Diamond Bar Days at D.B.H.S. with his colleagues, government officials and staff. M/Tanaka spoke about participating in the Neighborhood Watch Program, San Gabriel Valley Council of Governments meeting, the Target's "Take Charge of E=ducation" program and commended Target for their school and Sheriff's Department grants. He thanked Bill Herrick for serving on the WCCA Advisory Council. He also participated in Diamond Bar Day at Diamond Bar High and congratulated William Lee, President, Class of '09, a class of over 800. He thanked the departments and individuals who participated in the program and last weekend he attended the California Contract Cities Association's fall seminar with colleagues Chang and Tye. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the regular City Council meeting at 7:58 p.m. in memory of Michael Nagaoka, Retired Chief, LA County Sheriff's Department. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of , 2008. JACK TANAKA, MAYOR Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION SEPTEMBER 23, 2008 CALL TO ORDER: Chairman Nelson called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Torng led the Pledge of Allegiance. 1. ROLL CALL Present: Commissioners Kwang Ho Lee, Kathleen Nolan, Jack Shah, Vice Chairman Tony Torng, and Chairman Steve Nelson. Also present: Greg Gubman, Planning Manager; Planning Consultant, David Meyer; and Stella Marquez, Senior, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of Regular Meeting of September 9, 2008. C/Nolan moved, C/Shah seconded to approve Consent Calendar Item 4.1 as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: 7. PUBLIC HEARING: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None None Nolan, Shah, Lee, Chair/Nelson None VC/Torng None 7.1 Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11 — Under the authority of Chapters 22.48 and 22.56 of the City of Diamond Bar Development Code, the applicant requested approval of plans SEPTEMBER 23, 2008 PAGE 2 PLANNING COMMISSION to construct a 1,112 square foot 4 -car garage and to add an additional 823 square feet of living area to an existing single -story single-family residence. The existing dwelling unit is nonconforming with respect to compliance with the current minimum required setbacks. The subject property is zoned RR (40,000) and it contains 51,836 gross square feet of land area (1.19 acres). PROJECT ADDRESS PROPERTY OWNER: 2366 Clear Creek Lane Diamond Bar, CA 91765 Dr. and Mrs. Lawrence Ogbechie 2366 Clear Creek Lane Diamond Bar, CA 91765 APPLICANT: Pete Volbeda, AIA 615 N. Benson Avenue, Unit "C" Upland, CA 91786 PC/Meyer presented staff's report and verbalized the inclusion of a condition not noted in the draft resolution that prohibits the use of invasive plant materials in the project landscape plan as identified by the California Invasive Plant Council. PC/Meyer recommended Planning Commission approval of Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11, based on the Findings of Fact, subject to the conditions of approval as listed within the resolution including the additional condition articulated. C/Shah asked for clarification about the number of garage spaces indicated on the drawing and PC/Meyer responded that it was intended to be a five -car garage and the indication of a four -car garage in the staff report was in error. C/Lee asked why the columns on the garage were so small. PC/Meyer explained that it was what the architect designed it for. Apparently, the architect felt this design would accommodate the needs of the property owners. The Building Official will check the plans for safety and the architect can speak to that issue. Chair/Nelson thanked PC/Meyer for including the non-invasive landscaping requirement in the conditions of approval. Staff's report indicates that the Pepper is a protected tree and he thought the Pepper had been excluded from the list of protected trees. PC/Meyer said the Code lists the Pepper as SEPTEMBER 23, 2008 PAGE 3 PLANNING COMMISSION a protected tree. PC/Gubman reiterated that it is still in the Code. Chair/Nelson stated that the Pepper tree does not belong on the protected tree list. Chair/Nelson asked how visible the grading "fan" would be to neighbors. PC/Meyer responded that it would be visible only to wildlife in the undeveloped area. Retaining walls are required to have some architectural treatment and that they are screened with landscaping to obscure the mass of the walls. There were no ex parte disclosures. Chair/Nelson opened the Public Hearing Pete Volbeda, Project Architect, said that one of the reasons for the remodel was to improve the aesthetics of the home. Currently, there is a garage facing the street so the existing garage will be converted to bedrooms with more appropriate windows and turning the new garage to face an uphill area so that it will not be visible to adjacent neighbors and to the street. There is a five car garage and he has the option of using tube steel or 12 -inch wide steel Hardy frame to fit in the remaining one foot -eight inch wide walls. There will be onsite fill to create a larger rear yard area. The hill will be rebuilt to prevent further cracks in the pool. Mr. Volbeda responded to C/Lee that usually a single car garage width can be nine or 10 feet. In this case it will be 12 feet to provide additional maneuvering room. C/Lee said he was not comfortable with the design. Mr. Volbeda stated that the Hardy frames are good for about 2000 pounds of horizontal load. They are using four Hardy frames that provides 8000 allowable pounds on 12 -inch Hardy frames. C/Lee said he was concerned about the width of the column because it seemed too small to him. He suggested that the single car garage be swung around and shrink the size a little and spin the outside column a bit to allow for easier access. Mr. Volbeda said he would not mind making that change to get a little more width in the columns. Chair/Nelson closed the Public Hearing. C/Lee moved, C/Nolan seconded, to approve Development Review No. 2007-40 and Minor Conditional Use Permit No. 2008-11, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution with the addition of a condition to redesign the elevation for the SEPTEMBER 23, 2008 PAGE 4 PLANNING COMMISSION garage to widen out the panels between the garage doors, and a condition to avoid invasive plant materials. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.2 Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10 — Under the authority of Chapters 22.48 and 22.56 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct a 1,172 square foot two-story addition to an existing single-family residence. The existing dwelling unit is nonconforming with respect to compliance with the current minimum required setbacks. The subject property is zoned RR (40,000) and contains 59,677 square feet of land area (1.37 acres). PROJECT ADDRESS: 22727 Ridge Line Road Diamond Bar, CA 91765 PROPERTY OWNER: Mr. & Mrs. Shah 22727 Ridge Line Road Diamond Bar, CA 91765 APPLICANT: Pete Volbeda, AIA 615 N. Benson Avenue, Unit C Upland, CA 91786 PC/Meyer presented staff s report and recommended Planning Commission approval of Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10, based on Findings of Fact, and subject to the conditions of approval as listed within the resolution. There were no ex parte disclosures. Chair/Nelson opened the Public Hearing. Pete Volbeda, Project Architect, explained the project and reason for the 20 -foot setback request for the addition. SEPTEMBER 23, 2008 PAGE 5 PLANNING COMMISSION Chair/Nelson closed the Public Hearing. C/Nolan moved, VC/Torng seconded, to approve Development Review No. 2008-04 and Minor Conditional Use Permit No. 2008-10, based on Findings of Fact, and subject to the conditions of approval as listed within the resolution with the addition of a condition to use non-invasive plants. AYES: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Review No. 2008-08, Minor Variance No 2008-01 and Tree Permit No. 2008-01 — Under the authority of Chapters 22.38, 22.48 and 22.52 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct a new 10,414 square foot three- story single family residence with an attached three -car 1,888 square foot garage. The proposed project will reduce the required front yard setback from 30 feet to 24 feet. The proposed project will require the removal of 29 trees of which three (3) trees are considered as "protected." The subject property is zoned RR (40,000) and contains 53,040 square feet of land area (1.33 acres). PROJECT ADDRESS PROPERTY OWNER: APPLICANT: 23540 Mirage Lane Diamond Bar, CA 91765 Mr. and Mrs. Tengly Tan 3080 East 29th Street Los Angeles, CA 90806 Simon Shum, AIA S&W Development, Inc. 20272 Carrey Road Walnut, CA 91789 PC/Meyer presented staffs report and recommended Planning Commission approval of Development Review No. 2008-08, Minor Variance No. 2008-01 and Tree Permit No. 2008-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. SEPTEMBER 23, 2008 PAGE 6 PLANNING COMMISSION PC/Meyer showed C/Nolan the location of the proposed side yard setback on the plan. Chair/Nelson asked if the property to the west of the project site was vacant and PC/Meyer responded that he believed the property was surrounded by development. There were no ex parte disclosures. Chair/Nelson opened the Public Hearing. Simon Shum, AIA, Project Architect, thanked PC/Meyer for his assistance with the project and explained the design concept for what he felt was an excellent project. Chair/Nelson asked Mr. Shum where he expected to relocate the protected Walnut trees. Mr. Shum pointed out the location on the plan drawing. Chair/Nelson stated that the Black Walnut trees are a native species and grows naturally throughout Southern California with high concentration in the Chino Hills/Diamond Bar area. There are a number of tree species that are under the protected tree ordinance size. Chair/Nelson felt it would be beneficial to the project, although it would not be a condition, if Mr. Shum would discuss with the owners about placing additional trees to help compensate for those trees that would someday be of ordinance size that we are eliminating now with a small grove of trees. He said he would certainly like to replace the Pepper trees with Black Walnuts but anything additional would be a significant gesture and major step toward retaining the natural resources of the City. C/Shah complimented Mr. Shum on a fine project. Chair/Nelson closed the Public Hearing. S/Shah moved, C/Nolan seconded, to approve Development Review No. 2008-08, Minor Variance No. 2008-01 and Tree Permit No. 2008-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution with the addition of a condition to provide for installation/replacement of only non-invasive species within the landscape palate. Motion carried by the following Roll Call vote: SEPTEMBER 23, 2008 PAGE 7 PLANNING COMMISSION AYES NOES: ABSENT COMMISSIONERS COMMISSIONERS: COMMISSIONERS: Lee, Nolan, Shah, VC/Torng, Chair/Nelson None None 8. PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS: C/Shah, C/Lee, C/Nolan and Chair/Nelson welcomed VC/Torng back to the Commission. VC/Torng said he thanked God for his making it through his operation. He thanked City Council, staff and his colleagues for the prayers, cards, emails and flowers. It has been a difficult journey and appreciated everyone's support because it helped him at a very difficult time. Chair/Nelson asked if staff could provide a staff report about the status of removing the California Pepper tree from the list of protected trees. PM/Gubman said it could be done as a housekeeping item when staff presents a list of items for correction to the Commission. 9. STAFF COMMENTS/INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. PM/Gubman welcomed VC/Torng back to the dais and said that in her absence, CDD/Fong extended her well wishes to VC/Torng. The NFL Stadium Supplemental Environmental Impact Report review time period is open. The City has posted the entire document on the City's website along with instructions for submitting comments to the City of Industry. Staff and consultants are scrutinizing the document and preparing detailed comments with special emphasis on the traffic section of the SEIR. PM/Gubman reported that the landscape project in the shopping center at the corner of Golden Springs and Brea Canyon Road resumed today. PM/Gubman stated that there is a large container for donation of clothing and shoes at the Park 'n Ride lot on Diamond Bar Boulevard close to the SEPTEMBER 23, 2008 PAGE 8 PLANNING COMMISSION Sunset Crossing exit. Staff asked Caltrans to remove the eyesore and believe it will be removed by the end of next week. PM/Gubman indicated that the Development Code cleanup is on staff's list and will be presented to the Commission in the future. He asked the Commissioners to forward their comments, questions and suggestions to him or CDD/Fong. PM/Gubman responded to C/Nolan that the bank that intended to locate at the Target parking lot area has backed out. C/Shah said he noticed that during the past couple of years the attendants at the Park'n Ride lot had extended their living quarters and wondered if there was a limit. PM/Gubman responded that the agreement between the City and Caltrans called for allowing two caretaker facilities to ensure coverage on a 24/7 basis. He said he would look into whether they were encroaching beyond the scope of the original agreement. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Nelson adjourned the regular meeting at 8:14 p.m. The foregoing minutes are hereby approved this 14th day of October, 2008. Attest: Respectfully Submitted, Greg Gubman, Planning Manager Peve Nelson, Chairman CITY OF DIAMOND BAR Agenda No. 6.3 MINUTES OF THE PARKS & RECREATION COMMISSION S.C.A.Q.M.D./THE GOVERNMENT CENTER AUDITORIUM 21865 Copley Drive Diamond Bar, CA 91765 SEPTEMBER 25, 2008 CALL TO ORDER: Chairman Low called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the SCAQMD/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Liang led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Benny Liang, Ted Owens, Vice Chairman Lew Herndon and Chairman Ruth Low. Staff Present: Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Supervisor; Alison Meyers, Recreation Coordinator; Chris Ramos, Recreation Coordinator; and Marisa Somenzi, Senior Administrative Assistant. RECESS TO GB ROOM: Chair/Low recessed the meeting at 7:05 p.m. for Special Presentations — Certificates of Completion and Stipends to Summer Volunteen Participants. RECONVENE: Chair/Low reconvened the meeting at 7:27 p.m MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As Listed in the agenda and reported by PMS/Jordan 1. CONSENT CALENDAR Approval of Minutes for the August 28, 2008 Regular Meeting. VC/Herndon moved, C/Owens seconded, to approve the Minutes of the August 28, 2008 Regular meeting as presented. Without objection, the motion was so ordered with C/Liang abstaining. 2. INFORMATIONAL ITEMS 2.1 RECREATION PROGRAM REPORT — RS/Murphey VC/Herndon asked if the revenue generated from the summer programs was net or gross revenue. RS/Murphey responded that it was "gross" revenue. SEPTEMBER 25, 2008 PAGE 2 P&R COMMISSION RS/Murphey responded to C/Owens that there are usually a couple of cancellations on an annual basis for the Diamond Bar Center. Each year the revenue has increased. In 2007 the revenue was about $600,000. RS/Murphey explained that the City made a net of about $20,000 on the Day Camp due to a decrease in personnel costs that were originally budgeted. C/Grundy said he would provide a sample of a program budget reconciliation report to staff. VC/Herndon said he was very impressed by the Volunteen program and commended staff on their efficient budgeting. RS/Murphey responded to C/Grundy that this was the largest Volunteen group to date. C/Grundy commended staff on the Volunteen program success. RS/Murphey indicated to C/Owens that the Volunteens received a total of about $2000 in stipends. VC/Herndon asked why the City would be using facilities outside of the City rather than using local pools and RS/Murphey responded she believed it was because the Brea pool was larger. 2.2 PARKS REPORT — PMS/Jordan 2.3 CIP PROGRAM AND SPECIAL PROJECTS REPORT — PMS/Jordan a. Emergency Generator Project at Diamond Bar Center — contract awarded; construction to commence this November. b. Trail Access at Steep Canyon at Clear Creek Canyon and at the Diamond Bar Center — construction in process with completion by the second week of October. C. Storage Container Pad at Pantera Park —work scheduled to be completed within the next six weeks. 2.4 PARKS MASTER PLAN UPDATE PMS/Jordan reported that the subcommittee met on Monday at City Hall. The next meeting is slated for October 27 at City Hall. Stakeholder interviews are underway and written surveys are being accepted at the Diamond Bar Center. Telephone and online survey questions will be available October 27. C/Grundy responded to Chair/Low that he believed the entire process would take a little over a year from beginning to end. VC/Owens said that the consultants indicated they were pleased with the information from the community and looked forward to the additional SEPTEMBER 25, 2008 PAGE 3 P&R COMMISSION survey responses. The plan update is expected to be concluded the middle of September 2009 for Council adoption. 3. OLD BUSINESS: None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Liang thanked staff for a very successful Volunteen program. He endorsed VC/Herndon's advice for using ammonia to ward off skunks. C/Owens said he participated in the interview for the Parks Master Plan update today and heard things that he felt would enhance the program and opportunities with the school districts. C/Grundy said if ammonia does not work a quart of hydrogen peroxide, a quarter cup of baking soda and a few drops of liquid detergent will remove the odor. VC/Herndon reiterated his support of staff's wonderful job. Chair/Low also complimented staff on the wonderful job it does and commended them on a great job during the summer and on the Volunteen program. She felt the prospects for the Parks Master Plan update were very exciting. Diamond Bar Day at the Fair was a lot of fun and a great celebration of the good people and things of this City. ADJOURNMENT: VC/Herndon moved, C/Owens seconded, to adjourn the meeting. With no further business before the Parks & Recreation Commission, Chair/Low adjourned the meeting at 7:55 p.m. Respectfully Submitted, Bob Rose, Secretary Attest: Chairman Ruth Low CITY COUNCIL Agenda 4 , 4 Meeting Date: November 4, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council o FROM: James DeStefano, City Mange '-V , t Q TITLE: Ratification of Check Register date October 16, 2008 through October 29, 2008 totaling $853,469.62. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $853,469.62 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 check register containing checks dated October 16, 2008 through October 29, 2008 for $853,469.62 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: i Financ ector Assistant City Manager Attachments: Affidavit and Check Register — 10/16/08 through 10/29/08. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated October 16, 2008 through October 29, 2008 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $549,319.06 Com Org Support Fund $450.00 Prop A - Transit Fund 42,265.70 Int. Waste Mgt Fund 4,549.65 CDBG Fund 2,087.56 LLAD 38 Fund 25,611.50 LLAD 39 Fund 17,787.10 LLAD 41 Fund 8,346.16 Capital Improvement Project Fund 203,052.89 $853,469.62 Signed: Linda G. Mag u on Finance Director City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/qDeptAcct # 42100 1,260.02$1,260.02 Amount Total Check Amount 10/23/2008 #000070 UNION BANK OF CALIFORNIA, NA LEASE PAYMENT-NOV 08 001442140 44000 72,029.13 $582.59 $72,029.13 10/16/2008 10/16/2008 10/16/2008 10/16/2008 08 PP 21 PAYROLL TRANSFER PAYROLL TRANSFER PAYROLL TRANSFER PAYROLL TRANSFER P/R TRANSFER-08/PP 20 P/R TRANSFER-08/PP 20 P/R TRANSFER -08/13P 20 P/R TRANSFER-08/PP 20 001 112 115 125 10200 10200 10200 10200 148,405.19 4,790.00 3,611.74 1,012.56 $157,819.49 001 1 34780 76.00 10/16/2008 10/16/2008 10/16/2008 82379 ADVANTEC CONSULTING ENGINEERSINC ADVANTEC CONSULTING ENGINEERS INC ADVANTEC CONSULTING ENGINEERS INC TRFFC MGMT SYS PROJ-SEPT MEDIAN MODIFICATN-BIG LOT PROF.SVCS-ENGINEER[ NG 0015510 0015551 0015510 R44000 R45222 45221 1,385.00 3,760.00 snn nn $5,745.00 10/16/2008 82380 JAMERICAN PUBLIC WORKS ASN MEMBERSHIP DUES -R YEE 0015510 1 42315 166.25 $166.25 10/16/2008 82382 AMERITECH BUSINESS SYSTEMS INC MAINT-COPIER 0014090 42100 1,260.02$1,260.02 10/16/2008 82383 APPLEONE EMPLOYMENT SERVICES ITEMP SVCS -WK 9/27 0014030 44000 582.591 $582.59 10/16/2008 82384 DEBBIE AVILA IRECREATION REFUND 001 1 34780 76.00 $76.00 10/16/2008 82385 BARRO'S PIZZA OVRPMT-BUSI NESS LICENSE 001 1 34560 10.001 $10.00 10/16/2008 82386 BEE REMOVERS BEE REMOVAL -DBC 0015333 42210 235.00 $235.00 10/16/2008 82387 IBENESYST 10/17/08-P/R DEDUCTIONS 001 21105 702.48 $702.48 10/16/2008 82388 BENESYST FLEX ADMIN SVCS -3RD QTR 0014060 42346 95.56 $95.56 10/16/2008 82389 BIG BEAR LAKE OKTOBERFEST EXCURSION-OKTOBERFEST 0015350 45310 766.25 $766.25 10/16/2008 82390 IKATHY BREAUX CONTRACT CLASS -FALL 1 0015350 45320 220.801 $220.80 10/16/2008 82391 BRIDEWORLD BRIDAL SHOW FEE -DBC 1 0015333 42141 1 895.00 $895.00 10/16/2008 82392 CALIFORNIA CONTRACT CITIES ASSOC. CCCA MTG-CMGR 0014030 42325 31.00 $31.00 Page 1 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date I Check Number Vendor Name Transaction Description I Fund/ Dept I Acct # I Amount I Total Check 10/16/2008 82393 JCDW GOVERNMENT INC. IFIBER OPTIC CABLE 2505510 1 R46412 46.43 $1,180.47 $46.43 10/16/2008 82394 CERTIFIED TRANSPORTATION SVCS INC TRANSPORTATION -TINY TOTS 1125350 45310 421.05 10/1612008 $421.05 10/16/2008 82395 ICOMMUNITY SENIOR SERVICES -SSA ANNUAL DUES -FY 08/09 0015350 42315 150.00 $150.00 10/16/2008 82396 1CONSTANCE J. LILLIE CONTRACT CLASS -FALL 0015350 45320 384.001 $384.00 10/16/2008 82397 D & J MUNICIPAL SERVICES INC JBLDG & SFTY SVCS -SEPT 08 0015220 1 45201 15,809.77 $15,809.77 10/16/2008 82398 D AVID EVANS AND ASSOCIATES INC CONSTRUCTION-SYC CYN PK 2505310 R415 64 2,276.64 $2,276.64 10/16/2008 82399 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 714.45 $1,180.47 10/16/2008 CAR WASH-NGHBRHD IMP CAR WASH -POOL VEH CAR WASH -COMM SVCS CAR WASH -ROAD MAINT DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 41.68 10/16/2008 82405 DIAMOND BAR IMPROVEMENT ASSOCIATION AD -FALL FUN FESTIVAL OCT 0014095 42115 450.001 $450.00 10/1612008 DAY & NITE COPY CENTER PRINT SVC-D/RIDE BROCHURE 1125553 42110 99.59 105.00 40.00 10/16/2008 DAY & NITE COPY CENTER PRINT SVC-D/RIDE BROCHURE 1125553 42110 324.75 10/16/2008 82400 CAROL DENNIS PROF.SVCS-C/CNCL MTG 0014030 44000 100.00 $150.00 10/16/2008 CAROL DENNIS IPROF-SVCS-PLNG COMM 0015210 44000 50.00 10/16/2008 I 82401 IDEPARTMENT OF JUSTICE PRE-EMPLOYMENT FNGRPNT nnidn64.001 a 654.00 1 10/16/2008 82402 DEPT OF TRANSPORTATION ITRFFC SIGNAL MAINT-AUG 1 0015554 45507 746.11 $746.11 10/16/2008 82403 DIAMOND BAR FRIENDS OF THE LIBRARY FACILITY REFUND -DBC 1 001 23002 100.00 $100.00 10/16/2008 10/16/2008 10/16/2008 10/16/2008 82404 DIAMOND BAR HAND CAR WASH DIAMOND BAR HAND CAR WASH DIAMOND BAR HAND CAR WASH DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP CAR WASH -POOL VEH CAR WASH -COMM SVCS CAR WASH -ROAD MAINT 0015230 0014090 0015310 0015554 42200 42200 42200 42200 36.97 134.88 67.95 69.98 $309.78 10/16/2008 82405 DIAMOND BAR IMPROVEMENT ASSOCIATION AD -FALL FUN FESTIVAL OCT 0014095 42115 450.001 $450.00 L1 10/16/2008 0/16/2008 1 82406 DIAMOND BAR INTERNATIONAL DELI DIAMOND BAR INTERNATIONAL DELI IMTG SUPPLIES -BROWN BAG TRNG SUPPLIES-H/R 0014090 0014060 42325 42325 105.00 40.00 $145.00 Page 2 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/16/2008 82407 DIEHL EVANS AND COMPANY LLP TAX SEMINAR-FUA/TORRES 0014050 42340 550.00 41200 $550.00 10/16/2008 82408 IDOGGIE WALK BAGS INC SUPPLIES -PARKS 0015310 41200 1,117.50 $1,117.50 10/16/2008 82409 IDIANA DUNCAN SUPPLIES-F/FUN FESTIVAL 0015350 41200 350.001 $350.00 10/16/2008 82410 IDIANA DUNCAN PUMPKIN PATCH -TINY TOTS 0015350 42410 1 150.001 $150.00 10/16/2008 1 82411 JEDUCATION TO GO CONTRACT CLASS -SUMMER 0015350 45320 1 165.001 $165.00 10/16/2008 82412 ANNE LISA ESPINOSA IFACILITY REFUND -DBC 001 36615 1 400.00 $400.00 10/16/2008 82413 EVERGREEN INTERIORS PLANT SVCS-C/HALL SEPT 0014090 42210 230.00 $647.00 10/16/2008 1 EVERGREEN INTERIORS PLANT SVCS-D/B LBRY 0014090 42210 107.00 756.00 10/16/2008 $756.00 EVERGREEN INTERIORS PLANT SVCS -DBC SEPT 0015333 45300 175.00 10/16/2008 EVERGREEN INTERIORS PLANT SVCS -HERITAGE 0015340 45300 135.00 10/16/2008 82414 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 678.31 $30,364.29 10/16/2008 1 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 72.00 756.00 10/16/2008 $756.00 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 816.95 10/16/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 143.70 10/16/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 762.77 10/16/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 39 1395539 42210 270.00 10/16/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 157.50 10/16/2008 EXCEL LANDSCAPE ADDL MAINT-DIST 38 1385538 42210 1,180.18 10/16/2008 EXCEL LANDSCAPE LNDSCPE MAINT-DIST 38 1385538 45500 9,428.06 10/16/2008 EXCEL LANDSCAPE LNDSCPE MAINT-DIST 39 1395539 45500 11,610.95 10/16/2008 EXCEL LANDSCAPE LNDSCPE MAINT-DIST 41 1415541 45500 4,143.87 10/16/2008 EXCEL LANDSCAPE ADDL MAINT-DBB/BREA CYN 0015240 44000 1,100.00 10/16/2008 82415 EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS -DBC 0015333 45300 50.00 $90.00 10/16/2008 1 1EXTERMINETICS OF SO CAL INC PEST CONTROL SVCS -DBC 0015333 45300 40.00 756.00 10/16/2008 82416 F5 NETWORKS INC ANNL COMP MAINT-I.T. 1 0014070 1 42205 3,597.60 $3.597.60 10/16/2008 82417 JDAVID FERNANDEZ ICONTRACT CLASS -FALL 1 0015350 1 45320 756.00 $756.00 Page 3 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 714.00 Amount 10/16/2008 10/16/2008 10/16/2008 10/16/2008 10/16/2008 10/16/2008 82418 FOOTHILL TRANSIT FOOTHILL TRANSIT FOOTHILL TRANSIT FOOTHILL TRANSIT FOOTHILL TRANSIT FOOTHILL TRANSIT ICITY FOOTHILL COMMISSION -AUG FOOTHILL PASSES -JULY 08 CITY SUBSIDY -JULY 08 FOOTHILL COMMISSION -JULY FOOTHILL PASSES -AUG 08 SUBSIDY -AUG 08 1125553 1125553 1125553 1125553 1125553 1125553 45535 45535 45533 45535 45535 45533 -555.00 13,125.00 4,375.00 -525.00 14,525.00 3,975.00 Total Check Amount $34,920.00 10/16/2008 82419 DANIEL GARCIA ICONTRACT CLASS -FALL 0015350 45320 1 714.00 $714.00 $10,192.80 TERESA HERRERA FACILITY REFUND -PETERSON 001 36625 25.00 10/16/2008 82420 GLENN'S REFRIGERATION CORP IMAINT SVCS -DBC 1 0015333 42210 890.00 $890.00 10/16/2008 82421 GO LIVE TECHNOLOGY INC PROF.SVCS-WK 9126 0014070 R44000 4,200.001 $4.200.00 10/16/2008 82427 INLAND EMPIRE MAGAZINE AD -DBC SEPT 0014095 42115 2,195.00 $2,195.00 10/16/2008 10/16/2008 82422 82423 GOVPARTNER ISHANNON GRIFFITHS REQUEST PARTNER -OCT CONTRACT CLASS -FALL 0014070 1 0015350 1 44030 1 45320 850.001 319.80F $850.00 $319.80 10/16/20011 1 82424 ITERESA HERRERA FACILITY REFUND -PETERSON 001 23002 50.00 10/16/2008 $10,192.80 TERESA HERRERA FACILITY REFUND -PETERSON 001 36625 25.00 $75.00 10/16/2008 82425 RASHMI IDNANI IRECREATION REFUND 001 1 34780 76.00 $76.00 $10,192.80 10/16/2008 82426 AMBER INGRAM IFACILITY REFUND -DBC 001 1 23002 100.00 $100.00 10/16/2008 82427 INLAND EMPIRE MAGAZINE AD -DBC SEPT 0014095 42115 2,195.00 $2,195.00 10/16/2008 10/16/2008 1 82428 JINLAND VALLEY DAILY BULLETIN INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2008-325 LEGAL AD -FPL 2008-305 001 001 23010 23010 230.00 208.75 $438.75 10/16/2008 82429 JACK F TANAKA REIMB-LEAGUE CONF 0014010 42330 35.001 $35.00 10/16/2008 10/16/2008 10/16/2008 10/16/2008 10/16/2008 10/16/2008 82430 JENKINS & HOGIN, LLP JENKINS & HOGIN, LLP JENKINS & HOGIN, LLP JENKINS & HOGIN. LLP JENKINS & HOGIN, LLP JENKINS & HOGIN, LLP GEN LEGAL SVCS -SEPT 08 LEGAL SVCS -COM DEV SEPT LEGAL SVCS -COMM SVCS LEGAL SVCS-P/WORKS SEPT LEGAL SVCS -SCRIBBLES LEGAL SVCS -FINANCE 0014020 0014020 0014020 0014020 0014020 0014020 1 44020 44020 44020 44020 44021 44020 2,652.20 3,471.00 35.60 2,242.80 1,631.00 160.20 $10,192.80 Page 4 Check Date l Check Nu City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 venaor name Transaction Description I Fund/ Dept I Acct # I Amount Total Check 1016/2008 82431 IWON KYONG JEON RECREATION REFUND 001 34780 81.00 $81.00 10/16/2008 82432 PHILLIP JOHNSON FACILITY REFUND-PANTERA 001 23002 100.00 $100.00 10/16/2008 82433 JK&V BLUEPRINT SERVICE INC. SUPPLIES -PAPER TRIMMER 0014070 41300 519.551 10/16/2008 $519.55 10/16/2008 82434 KENS HARDWARE 10/16/2008 KENS HARDWARE 10/16/2008 KENS HARDWARE UPPLIES-PARKS 0015340 42210 399.34 $523.09 UPPLIES-DBC 0015333 41200 71.44 UPPLIES-GENERAL 0014090 41200 52.31 10/16/2008 82435 LA DATA SECURITY DATA STORAGE SVCS -SEPT 0014070 45000 600.00 $600.00 10/16/2008 82436 ILAE ASSOCIATES INC PROF.SVCS-SEPT 08 0015551 1 45221 1 2,885.00 $2,885.00 10/16/2008 10/16/2008 82437 LDM ASSOCIATES INC. LDM ASSOCIATES INC. PROF.SVCS-FPL 2007-299 PROF.SVCS-FPL 2008-304 001 23010 1,625.98 $4,285.85 10/16/2008 LDM ASSOCIATES INC. PROR.SVCS-FPL 2008-312 001 001 23010 23010 1,299.65 10/16/2008 LDM ASSOCIATES INC. ADMIN FEE -FPL 2008-304 001 23010 1,360.22 233.94 10/16/2008 LDM ASSOCIATES INC. ADMIN FEE -FPL 2008-304 001 34430 -233.94 10/16/2008 LDM ASSOCIATES INC. PROF.SVCS-FPL 2008-312 001 23010 244.84 10/16/2008 LDM ASSOCIATES INC. PROF.SVCS-FPL 2008-312 001 34430 -244.84 10/16/2008 LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-299 001 23010 292.68 10/16/2008 ILILLEY LDM ASSOCIATES INC. ADMIN FEE -FPL 2007-299 001 34430 -292.68 10/16/2008 1 82438 JKWANG HO LEE IP & R COMM -SEPT 08 1 0015210 1 44100 1 130.001 $130.00 10/16/2008 1 011 6/200 8 82441 LILLEY PLANNING GROUP INC LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-325 PROF.SVCS-FPL 2002-63 001 001 23010 902.50 $11,495.00 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-321 001 23010 23010 47.50 95.00 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG 0015210 44250 522.50 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG 0015210 44250 427.50 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-PLNG 0015210 44250 190.00 1 0/1 6120 08 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-327 001 23010 665.00 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-274 001 23010 95.00 10/16/2008 ILILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-324 001 23010 190.00 Page 5 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/16/2008 82441.,. LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-305 001 23010 3,372.50 $11,495.00 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-330 001 23010 950.00 ... 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-147 001 23010 47.50 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-326 001 23010 570.00 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 208-318 001 23010 285.00 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-331 001 23010 950.00 10116/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2005-145 001 23010 712.50 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2008-317 001 23010 95.00 10/16/2008 LILLEY PLANNING GROUP INC PROF.SVCS-FPL 2007-259 001 23010 1,377.50 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-318 001 34430 -51.30 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-318 001 23010 51.30 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-317 001 34430 -17.10 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-317 001 23010 17.10 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-325 001 23010 162.45 1 0/1 612 00 8 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-325 001 34430 -162.45 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-331 001 34430 -171.00 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-331 001 23010 171.00 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-321 001 34430 -17.10 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-321 001 23010 17.10 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-327 001 34430 -119.70 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-327 001 23010 119.70 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 34430 -17.10 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-274 001 23010 17.10 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 34430 -34.20 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-324 001 23010 34.20 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-305 001 34430 -607.05 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-305 001 23010 607.05 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-330 001 34430 -171.00 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-330 001 23010 171.00 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 34430 -8.55 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-147 001 23010 8.55 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-326 001 34430 -102.60 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2008-326 001 23010 102.60 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-145 001 34430 -128.25 10/16/2008 ILILLEY PLANNING GROUP INC ADMIN FEE -FPL 2005-145 001 23010 128.25 Page 6 Page 7 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Total Check Amount E=C, Number Vendor Name Transaction Description Fund/ Dept Acct # Amount 10/16/2008 1 82441... LILLFY PLANNING GROUP INC ADMIN FEE -FPL 2002-63 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2002-63 001 34430 -8.55 $11,495.00 ... 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 23010 8.55 10/16/2008 LILLEY PLANNING GROUP INC ADMIN FEE -FPL 2007-259 001 34430 -247.95 001 23010 247.95 10/16/2008 82442 LOS ANGELES COUNTY PUBLIC WORKS SUMP PUMP MAI NT-JULY/A0: 0015340 1 42210 1,146.84 $1,146.84 10/16/2008 82443 LOS ANGELES COUNTY SHERIFF'S DEPT. HELICOPTER SVCS -AUG 08 0014411 F 45401 880,88 $8so.ss 10/16/2008 82444 MAGAN LUCZAK FACILITY REFUND -DBC 001 10/16/2008 MAGAN LUCZAK FACILITY REFUND -DBC 23002 350.00 $350.00 10/16/2008 MAGAN LUCZAK FACILITY REFUND -DBC 001 36615 -200.00 001 23002 200.00 10/16/2008 82445 PATRICK MONTOYA CONTRACT CLASS -FALL 0015350 45320 72.60 $72.60 10/16/2008 82446 MOONLIGHT PRESS UPPLIES-COM DEV 10116, 200 8 MOONLIGHT PRESS$395.11 7SUPPLIES-P/WORKS 0015210 41200 197.56 0015510 41200 197.55 10/16/2008 82447 STEVE G NELSON P & R COMM -SEPT 08 1 0015210 44100 130.00 $130.00 10/16/2008 82448 NEXTEL COMMUNICATIONS A/T CHRGS-P/W,C/S,C/D 1 0014090 42130 535.50 $535.50 10/16/2008 82449 KATHLEEN ERIN NOLAN P & R COMM -SEPT 08 10015210 44100 130.00 $130.00 10/16/2008 82450 JOBED NWAUKWA FACILITY REFUND -DBC 001 10/16/2008 OBED NWAUKWA 23002 500.00 $400.00 FACILITY REFUND -DBC 001 36615 100.00 10/16/2008 82451 LOURDES OCAMPO-MUNCAL FACILITY REFUND -DBC 001 23002 100.00 $100.00 10/16/2008 82452 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 10/16/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 393.83 $1,912.16 10/16/2008 OFFICEMAX INC 0015350 41200 63.91 10/16/2008 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 314.66 10/16/2008 OFFICEMAX INC SUPPLIES -RECYCLE 1155516 41200 6.62 10/16/2008 OFFICEMAX INC SUPPLIES-H/R 0014060 41200 25.91 10/16/2008 OFFICEMAX INC MEMO CREDIT-H/R 0014060 41200 -12,97 SUPPLIES-H/R 0014060 41200 4.03 Page 7 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept 0014090 Acct # 41200 Amount 237.73 Total Check Amount $1,912.16... 10/16/2008 82452... OFFICEMAX INC SUPPLIES -GENERAL 10/16/2008 21109 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 2.07 PH.MAINT-ANNL AGREEMENT 10/16/2008 1 42205 1 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 215.63 10/16/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 69.55 SUPPLIES -COMM SVCS 10/16/2008 1 41200 1 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 30.07 10/16/2008 OFFICEMAX INC SUPPLIES-P/WORKS 0015510 41200 100.80 10/16/2008 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 58.24 10/16/2008 OFFICEMAX INC SUPPLIES-PLNG 0015210 41200 9.09 10/16/2008 1OFFICEMAX INC SUPPLIES -DBC 0015333 41200 392.99 10/16/2008 1 82453 JOLYMPIC STAFFING SERVICES ITEMP SVCS -WK 9/23 10015510 144000 1 158.881 $158.88 10/16/2008 PERS RETIREMENT RETIRE CONTRIB-EE 001 21109 208.88 10/16/2008 82454 JOMG NATIONAL PH.MAINT-ANNL AGREEMENT 1 0014070 1 42205 1 799.001$799.00 $108.15 10/16/2008 1 82455 JORIENTAL TRADING COMPANY INC SUPPLIES -COMM SVCS 1 0015350 1 41200 1 1,134.111 $1,134.11 10/16/2008 82456 PERS RETIREMENT SURVIVOR BENEFIT 001 21109 8.00 $537.16 10/16/2008 PERS RETIREMENT RETIRE CONTRIB-EE 001 21109 208.88 10/16/2008 82460 PERS RETIREMENT RETIRE CONTRIB-ER 001 21109 320.28 $108.15 10/16/2008 82457 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 46.50 $24,747.92 10116/2008 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 9,750.75 1 011 6/200 8 82460 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 14,950.67 $108.15 10/16/2008 82458 REEDCORP ENGINEERING PROF.SVCS-EMER GENERATOR 2505310 R46415 23.28 $478.28 10/16/2008 REEDCORP ENGINEERING PROF.SVCS-EMER GENERATOR 2505310 1 R46415 455.00 10/16/2008 82459 JRJM DESIGN GROUP INC CONSTRUCTION-PANTERA 2505310 1 R46415 1,497.501 $1,497.50 10/16/2008 ALYSHA SEVILLA FACILITY REFUND-SYC CYN 001 23004 122.46 10/16/2008 82460 ISCHOOL SPECIALTY INC SUPPLIES -COMM SVCS 0015350 1 41200 108.15 $108.15 10/16/2008 82461 ALYSHA SEVILLA FACILITY REFUND-SYC CYN 001 23002 50.00 $172.46 10/16/2008 ALYSHA SEVILLA FACILITY REFUND-SYC CYN 001 23004 122.46 10/16/2008 1 82462 IJACK SHAH P & R COMM -SEPT 08 0015210 1 44100 1 130.001 $130.00 Page 8 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/16/2008 82463 SILVER STATE COACH INC TRANSPRTN-OKTOBERFEST 1125350 45310 901.68 $901.68 10/16/2008 82464 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 250.85 $593.48 10/16/2008 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 227.70 10/16/2008 82469 SMART & FINAL SUPPLIES -DBC 0015333 41200 114.93 $100.00 10/16/2008 1 82465 LUZ SORTO FACILITY REFUND -HERITAGE 001 1 23002 1 200.00 $200.00 10/16/2008 1 82466 ISOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1 1415541 1 42126 1 33.65 $33.65 10/16/2008 82467 SPARKLETTS WATER SUPPLIES-C/HALL 0014090 41200 289.86 $300.11 10/16/2008 SPARKLETTS EQ RENTAL-C/HALL SEPT 0014090 42130 10.25 10/16/2008 1 82468 ISTATE DISBURSEMENT UNIT SLRY ATTCHMT-#0000932977 1 001 1 21114 1 391.23 $391.23 10/16/2008 ISUNGARD SUNGARD PUBLIC SECTOR PENTAMATION COMP MAINT-I.T. 0014070 42205 161.22 10/16/2008 1 82469 TOBY STROBER FACILITY REFUND -DBC 1 001 1 23002 1 00.00 $100.00 10/16/2008 1 82470 ISANDY STROHM RECREATION REFUND 1 001 1 34730 1 39.001 $39.00 10/16/2008 82471 PUBLIC SECTOR PENTAMATION COMP MAINT-I.T. 0014070 42205 563.00 $724.22 10/16/2008 ISUNGARD SUNGARD PUBLIC SECTOR PENTAMATION COMP MAINT-I.T. 0014070 42205 161.22 10/16/2008 1 82472 TELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS -OCT 08 1 0014070 1 44030 1 525.38 $525.38 10/16/2008 1 82473 ITHE COMDYN GROUP INC CONSULTING SVCS -WK 9/26 1 0014070 1 44000 1 571.201 $571.20 10/16/2008 82474 TIME WARNER CABLE SVCS-I.T. OCT/NOV 0014070 44030 352.72 $397.67 10/16/2008 TIME WARNER MODEM SVCS -COUNCIL 0014010 42130 44.95 10/16/2008 1 82475 JDAN TOOHEY RECREATION REFUND 001 34780 1 100.00 $100.00 10/16/2008 1 82476 JTRG LAND INC PROF.SVCS-SITE D AUG 08 0015240 1 R44000 1 1,568.64 $1,568.64 10/16/2008 1 82477 TRI -CITIES POOL SERVICE & REPAIR MONTHLY MAINT-DBC SEPT 1 0015333 1 45300 1 160.00 $160.00 10/16/2008 1 82478 TRIFYTT SPORTS ICONTRACT CLASS -FALL 1 0015350 1 45320 1 1,476.00 $1,476.00 Page 9 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/16/2008 82479 JUCN INC LONG DIST SVCS -SEPT 0014090 42125 52.91 $52.91 10/16/2008 82480 VALLEY CREST LANDSCAPE MAINT INC LNDSCP MAINT-PARKS SEPT 0015333 45300 5,645.47 $32,929.12 10/16/2008 VALLEY CREST LANDSCAPE MAINT INC LNDSCP MAINT-DBC SEPT 0015340 45300 24,604.11 10/16/2008 82482 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-JULY BLAST 0015340 42210 1,050.00 $219.30 10/16/2008 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PAUL GROW 0015340 42210 291.41 10/16/2008 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-REAGAN PK 0015340 42210 388.75 10/16/2008 IWARREN VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-HERITAGE PK 0015340 42210 392.70 10/16/2008 VALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PANTERA PK 0015340 42210 361.68 10/16/2008 VALLEY CREST LANDSCAPE MAINT INC 1ADDL MAINT-PAUL GROW 0015340 42210 195.00 10/16/2008 1 82481 IVANTAGEPOINT TRNSFR AGNTS-303248 10/17/08-P/R DEDUCTIONS 1 001 1 21108 1 4,617.601 $4,617.60 10/16/2008 WARREN SIECKE TRFFC SIGNAL-BREA CYN 2505510 R46412 81.67 10/16/2008 1 82482 IVISION INTERNET PROVIDERS INC MONTHLY HOSTING FEE -OCT 1 0014070 1 44030 1 219.301 $219.30 10/16/2008 82483 WARREN SIECKE TRFFC SIGNAL-G/SPNGS 2505510 R46412 81.67 $343.00 10/16/2008 WARREN SIECKE TRFFC SIGNAL-BREA CYN 2505510 R46412 81.67 10/16/2008 82486 WARREN SIECKE TRFFC SIGNAL -RACQUET CLUB 2505510 R46412 81.66 $210.00 10/16/2008 WARREN SIECKE TRFFC SIGNAL-G/SPRNGS 2505510 R46412 32.67 10/16/2008 WARREN SIECKE TRFFC SIGNAL-BREA CYN 2505510 R46412 32.67 1 011 6/2 00 8 IWARREN SIECKE JTRFFC SIGNAL -RACQUET CLUB 2505510 R46412 32.66 10116/2008 82484 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 21.65 $1,197.62 1 011 6/2 008 WAXIE SANITARY SUPPLY SUPPLIES -PARKS 0015340 42210 187.46 10/16/2008 82486 WAXIE SANITARY SUPPLY SUPPLIES -DBC 0015333 41200 988.51 $210.00 10/16/2008 1 82485 IWEST COAST MEDIA AD -PHOTO CONTEST OCT 1 0014095 42115 620.001 $620.00 1 0/1 612 008 XAVIERS FLORIST FLORAL ARRGMNT-J GILMARTN 0014090 41400 70.36 10/16/2008 1 82486 IPAUL WRIGHT AN SVCS-PLNG,CNCL MTG 1 0014090 44000 210.00 $210.00 10/16/2008 82487 XAVIERS FLORIST FLORAL ARRGMNT-P BIOLEC 0014090 41400 64.95 $221.91 1 0/1 612 008 XAVIERS FLORIST FLORAL ARRGMNT-J GILMARTN 0014090 41400 70.36 10/16/2008 XAVIERS FLORIST FLORAL ARRGMNT-V HERRERA 0014090 41400 86.60 10/16/2008 1 82488 IPING YI FACILITY REFUND -DBC 001 23002 100.00 $100.00 Page 10 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/16/2008 82489 YI TONY TORNG P & R COMM -SEPT 08 0015210 44100 65.00 $65.00 10/23/2008 1 82490 JOSCAR AGUIRRE IFACILITY REFUND -DBC 001 1 23002 1 500.001 $500.00 10/23/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-463 001 23012 64.80 10/23/2008 82491 AJAX SIGN GRAPHICS INC. SUPPLIES-PLNG 1 0014090 1 41200 1 14.161 $14.16 10/23/2008 DAY & NITE COPY CENTER PRINT SVCS-NGHBRHD IMP 0015230 42110 1,041.80 10/23/2008 1 82492 ALL AMERICAN PRO SPORTS INC SUPPLIES -WOOD PLAQUES 1 0014090 1 41400 1 1,066.731 $1,066.73 10/23/2008 1 82493 JALLIANT INSURANCE SERVICES INC SPL EVENT INS-F/FUN FSTVL 1 0015350 1 45300 1 454.501 $454.50 10/23/2008 1 82494 JAMERICOMP GROUP INC SUPPLIES -TONERS 1 0014070 1 45000 187.271 $187.27 10/23/2008 82495 ANTHONY SANTOS REIMB-08 CESA CONF 1 0014440 1 42340 1 120.381 $120.38 10/23/2008 1 82496 JAPPLEONE EMPLOYMENT SERVICES ITEMP SVCS -WK 10/8 0014030 1 44000 1 822.251 $822.25 10/23/2008 82497 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 04-463 001 23012 360.00 $360.00 10/23/2008 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-463 001 23012 64.80 10/23/2008 82499 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 04-463 001 34650 -64.80 $1,523.25 10/23/2008 82498 ICASH CHANGE -FALL FUN FESTIVAL 1 001 1 34720 1 600.001 $600.00 10/23/2008 VICTORIA CROSS PRINT SVCS -COMM SVCS 0014060 42340 229.48 10/23/2008 82499 JCDW GOVERNMENT INC. JANNL MAINT-COMP 1 0014070 1 42205 1 11523.25 $1,523.25 10/23/2008 DAY & NITE COPY CENTER PRINT SVCS-NGHBRHD IMP 0015230 42110 1,041.80 10/23/2008 82500 IMEI LING CHANG FACILITY REFUND -DBC 1 001 1 36900 1 550.001 $550.00 10/23/2008 82501 ICITY OF WEST COVINA FORENSIC SVCS-JUL-SEPT 0014411 1 45401 1 3,160.00 $3,160.00 10/23/2008 82502 VICTORIA CROSS IREIMB-SUPPLIES REIMB-SUPPLIES 0014090 41200 51.41 $280.89 10/23/2008 VICTORIA CROSS PRINT SVCS -COMM SVCS 0014060 42340 229.48 10/23/2008 1 82503 JDAPEER ROSENBLIT & LITVAK LLP ILEGAL SVCS -SEPT 08 1 0014020 1 44023 1 1,882.74 $1,882.74 10/23/2008 82504 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 128.82 $2,148.98 1 0/2 312 008 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 389.22 10/23/2008 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 589.14 10/23/2008 DAY & NITE COPY CENTER PRINT SVCS-NGHBRHD IMP 0015230 42110 1,041.80 Page 11 Check Date (Check Number City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 venoor Name ITransaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 10/23/2008 1 82505 IDEPARTMENT OF CONSERVATION ISMIP FEES-JUL-SEPT 08 1 001 1 34350 1 352.92 $352.92 10/23/2008 82506 DEPARTMENT OF GENERAL SERVICES MAS-CONTRACT CHARGES 0014070 46250 16.90 $209.71 10/23/2008 DEPARTMENT OF GENERAL SERVICES IMAS-CONTRACT CHARGES 0014070 46250 192.81 10/23/2008 82507 DFS FLOORING CORP MAINT-DBC 0015333 42210 1,085.00 $1,855.00 10/23/2008 DFS FLOORING CORP MAINT-PANTERA PK 0015340 j 42210 385.00 10/23/2008 DFS FLOORING CORP MAINT-HERITAGE PK 0015340 42210 385.00 10/23/2008 1 82508 IDIAMOND AGE SENIOR CLUB REIMB-CLUB INSURANCE 1 1255215 1 44000 1 1,075.001 $1,075.00 10/23/2008 82509 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -GENERAL 0014090 1 42325 42.00 $172.00 10/23/2008 DIAMOND BAR INTERNATIONAL DELI MTG SUPPLIES -COUNCIL 0014090 42325 130.00 10/23/2008 82510 DIAMOND BAR PETTY CASH MEMO CREDIT-REC 0015350 42410 -8.00 $302.83 10/23/2008 DIAMOND BAR PETTY CASH SUPPLIES -RECYCLING 1155516 41200 40.00 10/23/2008 DIAMOND BAR PETTY CASH SUPPLIES -DBC 0015333 41200 31.33 10/23/2008 DIAMOND BAR PETTY CASH FILING FEES-PLNG 0015210 44220 50.00 10/23/2008 DIAMOND BAR PETTY CASH MAINT-PARKS 0015340 42210 16.17 10/23/2008 DIAMOND BAR PETTY CASH SUPPLIES -TINY TOTS 0015350 41200 8.60 10/23/2008 DIAMOND BAR PETTY CASH MTG-CMGR 0014030 42325 20.00 10/23/2008 DIAMOND BAR PETTY CASH TRNG-P/WKS 1155515 42340 8.00 10/23/2008 DIAMOND BAR PETTY CASH SUPPLIES -COMM DEV 0015210 41200 11.16 10/23/2008 DIAMOND BAR PETTY CASH POSTAGE -GENERAL 0014090 42120 2.54 10/23/2008 DIAMOND BAR PETTY CASH STAFF MTG-CMGR 0014030 42325 69.00 10/23/2008 DIAMOND BAR PETTY CASH MTG-P/WKS 0015510 42325 14.25 10/23/2008 DIAMOND BAR PETTY CASH SUPPLIES -TINY TOTS 0015350 41200 11.80 10/23/2008 DIAMOND BAR PETTY CASH MTG-CMGR 0014030 42325 27.98 10/23/2008 1 82511 JESRI INC ANNL ESRI MAINT-08/09 1 0014070 1 42205 1 10,620.771 $10,620.77 10/23/2008 82512 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL FPL 2008-307 001 23010 32.00 $160.00 10/23/2008 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2007-299 001 23010 32.00 10/23/2008 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 32.00 10/23/2008 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2008-312 001 23010 32.00 Page 12 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/23/2008 82512... EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2008-304 001 23010 32.00 $160.00 ... 10/23/2008 1 82513 GRAND MOBIL IVEH MAINT-COMM SVCS 0015310 1 42200 1 314.671 $314.67 10/23/2008 82514 GRAYBAR SUPPLIES-I.T. 001407041200 R46416 132.61 $203.46 10/23/2008 GRAYBAR SUPPLIES-I.T. 0014070 41200 58.78 1 0/2 312 00 8 GRAYBAR SUPPLIES-I.T. 0014070 41200 12.07 10/23/2008 82515 GROUP DELTA CONSULTANTS INSPECTION SVCS -V -DITCH 2505510 R46416 2,310.00 $13,797.50 10/23/2008 GROUP DELTA CONSULTANTS INSPECTION SVCS -STEEP CYN 2505310 R46415 4,547.50 10/23/2008 GROUP DELTA CONSULTANTS INSPECTION SVCS-SUMMTRDG 2505310 R46415 6,940.00 10/23/2008 82517 HALL & FOREMAN, INC. ADMIN FEE -EN 05-496 001 23012 37.50 $10,101.66 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 05-496 001 34650 -37.50 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 05-488 001 23012 187.50 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 05-488 001 23012 46.88 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 05-488 001 34650 -46.88 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 04-463 001 23012 750.00 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-463 001 23012 187.50 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-463 001 34650 -187.50 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 04-463 001 23012 375.00 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-463 001 23012 93.75 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-463 001 34650 -93.75 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 01-321 001 23012 525.00 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 23012 131.25 10123/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 34650 -131.25 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-582 001 23012 315.00 10123/2008 HALL & FOREMAN, INC. SLOPE REPAIR -V -DITCH 2505510 46416 425.00 10123/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-582 001 23012 78.75 10123/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-582 001 34650 -78.75 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 03-363 001 23012 555.00 1 012 3/2 008 HALL & FOREMAN, INC. ADMIN FEE -EN 03-363 001 23012 138.75 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 03-363 001 34650 -138.75 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 03-363 001 23012 1,075.00 10/23/2008 IHALL & FOREMAN, INC. ADMIN FEE -EN 03-363 001 23012 268.75 Page 13 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/23/2008 82517... HALL & FOREMAN, INC. PROF.SVCS-EN 08-601 001 23012 750.00 $10,101.66 ... 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 08-601 001 23012 187.50 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 08-601 001 34650 -187.50 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-555 001 23012 1,694.87 1 0123/2 00 8 HALL & FOREMAN, INC. ADMIN FEE -EN 07-555 001 23012 423.72 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-555 001 34650 -423.72 10123/2008 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 R45223 328.12 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 05-496 001 23012 150.00 1 012 3/2 008 HALL & FOREMAN, INC. PROF. SVCS -I NSPECTION 0015510 R45227 95.63 10123/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-555 001 23012 102.01 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-555 001 23012 25.50 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-555 001 34650 -25.50 10123/2008 HALL & FOREMAN, INC. PROF.SVCS-INSPECTION 2505310 46415 425.00 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-559 001 23012 270.00 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-559 001 23012 67.50 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-559 001 34650 -67.50 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-INSPECTIONS 0015510 45227 289.50 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-580 001 23012 262.50 1 0/2312 0 08 HALL & FOREMAN, INC. ADMIN FEE -EN 07-580 001 23012 65.63 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-580 001 34650 -65.63 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-574 001 23012 87.91 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 23012 21.98 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-574 001 34650 -21.98 1 0/2 312 008 HALL & FOREMAN, INC. PROF.SVCS-EN 04-457 001 23012 250.00 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-457 001 23012 62.50 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 04-457 001 34650 -62.50 1 0/2 312 008 HALL & FOREMAN, INC. PROF.SVCS-EN 06-524 001 23012 157.50 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 06-524 001 23012 39.38 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 06-524 001 34650 -39.38 1 0/2 312 00 8 HALL & FOREMAN, INC. ADMIN FEE -EN 03-363 001 34650 -268.75 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 07-595 001 23012 696.12 10/23/2008 HALL & FOREMAN, INC. ADMIN FEE -EN 07-595 001 23012 174.03 1 0/2 31200 8 HALL & FOREMAN, INC. ADMIN FEE -EN 07-595 001 34650 -174.03 10/23/2008 HALL & FOREMAN, INC. PROF.SVCS-EN 06-534 001 23012 335.00 Page 14 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/23/2008 82518 HAZARD REDUCTION SYSTEMS INC SERVER RACKS-I.T. 0014070 R46250 14,038.05 $14,038.05 10/23/2008 82519 JENNIFER HIMES FACILITY REFUND -HERITAGE 001 23002 200.00 $400.00 10/23/2008 1 JENNIFER HIMES FACILITY REFUND -HERITAGE 001 23002 200.00 10/23/2008 82520 INLAND EMPIRE STAGES EXCURSION-BURBANK 0015350 45310 2,200.00 $2,872.00 10/23/2008 1 INLAND EMPIRE STAGES TRANSPORTATION-BURBANK 1125350 1 45310 672.00 10/23/2008 1 82521 INLAND VALLEY HUMANE SOCIETY ANIMAL CONTROL SVCS-NOV 0014431 1 45403 1 9,773.08 $9,773.08 10/23/2008 1 INTERNATIONAL PAVING SOLUTIONS RETENTIONS PAYABLE 250 20300 1 -3,040.06 10/23/2008 1 82522 JJENNYINOUYE IFACILITY REFUND -DBC 001 1 23002 1 100.001 $100.00 10/23/2008 1 82523 INTERNATIONAL PAVING SOLUTIONS CONSTRUCTION-PANTERA 2505310 R46415 30,400.58 $27,360.52 10/23/2008 1 INTERNATIONAL PAVING SOLUTIONS RETENTIONS PAYABLE 250 20300 1 -3,040.06 10/23/200882524 82525 JOHN L HUNTER & ASSOC. INC PROF.SVCS-INSPECTIONS 0015510 44240 1,315.00 $1,767.50 10/23/2008 JOHN L HUNTER & ASSOC. INC PROF.SVCS-INSPECTIONS 0015510 44240 452.50 10/23/2008 82525 JEONG E KIM FACILITY REFUND -DBC 0017 23002 100.00 $140.00 1 012 3/200 8 IKENDRAJOHNSON KENDRA JOHNSON FACILITY REFUND -DBC 001 1 36610 40.00 10/23/2008 1 82526 JEONG E KIM FACILITY REFUND -DBC 1 001 1 23002 1 100.00 $100.00 10/23/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-490 001 23012 222.36 10/23/2008 82527 ISANG MUCK KIM FACILITY REFUND -DBC 1 001 1 23002 1 100.00 $100.00 10/23/2008 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-595 001 23012 133.39 10/23/2008 1 82528 IKIRK STEINKE ELECTRIC MAINT-LORBEER SCHOOL 1 0015340 1 42210 1 742.001 $742.00 10/23/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-595 001 34650 -24.01 10/23/2008 82529 LANDS' END BUSINESS OUTFITTERS STAFF SHIRTS 1 0014095 1 41400 1 2,209.53 $2,209.53 10/23/2008 82530 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 05-490 001 23012 1,235.34 $2,906.49 10/23/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-490 001 23012 222.36 10/23/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 05-490 001 34650 -222.36 10/23/2008 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-595 001 23012 133.39 10/23/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-595 001 23012 24.01 10/23/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-595 001 34650 -24.01 1 0/2312 00 8 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-582 001 23012 155.07 10/23/2008 LEIGHTON & ASSOCIATES, INC. JADMIN FEE -EN 07-582 001 23012 27.91 Page 15 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/23/2008 82530... LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 07-582 001 34650 -27.91 $2,906.49 ... 10/23/2008 82533 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 07-582 001 23012 746.19 $500.00 10/23/2008 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -07-582 001 23012 134.31 10/23/2008 82534 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -07-582 001 34650 -134.31 $674.54 10/23/2008 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-GEOTECHNICAL 2505310 46415 636.50 10/23/2008 82531 LOS ANGELES COUNTY SHERIFF'S DEPT. CALVARY CHAPEL -SEPT 08 0014411 45402 6,929.00 $7,065.63 10/23/2008 LOS ANGELES COUNTY SHERIFF'S DEPT. TRANSIT SALES -SEPT 08 1125553 1 45402 136.63 10/23/2008 1 82532 JMERGGUERITE LOTFALLA FACILITY REFUND -DBC 1 001 1 23002 1 100.001 $100.00 10/23/2008 EMAD NABIH RETENTIONS PAYABLE 250 20300 -380.00 10/23/2008 1 82533 ITEJDEEP MEHROK IFACILITY REFUND -DBC 1 001 1 23002 1 500.001 $500.00 10/23/2008 EMAD NABIH RETENTIONS PAYABLE 250 20300 -697.60 10/23/2008 1 82534 IMERCURY DISPOSAL SYSTEMS INC RECYCLING FEES -SEPT 08 1 1155515 1 44000 1 674.541 $674.54 10/23/2008 EMAD NABIH CONSTRUCTION-SUMMTRDG 2505310 R46415 6,976.00 10/23/2008 82535 MINUTEMAN PRESS R & D BLUEPRINT PRINT SVCS -EN 05-479 1 001 1 23012 1 16.241 $16.24 10/23/2008 82536 EMAD NABIH RETENTIONS PAYABLE 250 20300 -365.00 $15,243.30 10/23/2008 EMAD NABIH RETENTIONS PAYABLE 250 20300 -380.00 10/23/2008 EMAD NABIH RETENTIONS PAYABLE 250 20300 -251.10 10/23/2008 EMAD NABIH RETENTIONS PAYABLE 250 20300 -697.60 10/23/2008 EMAD NABIH CONSTRUCTION-SUMMTRDG 2505310 R46415 2,511.00 10/23/2008 EMAD NABIH CONSTRUCTION-SUMMTRDG 2505310 R46415 6,976.00 10/23/2008 EMAD NABIH CONSTRUCTION-SUMMTRDG 2505310 R46415 3,650.00 10/23/2008 JEMAD NABIH CONSTRUCTION-SUMMTRDG 2505310 1 R46415 3,800.00 10/23/2008 1 82537 JOAK TREE LANES INCAD-PHOTO CONTEST 1 0014095 1 42115 1 100.001 $100.00 10/23/2008 82538 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 81.56 $940.74 10/23/2008 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 61.65 10/23/2008 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 239.41 10/23/2008 OFFICEMAX INC SUPPLIES -GENERAL 0014090 41200 62.01 10/23/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 25.59 10/23/2008 OFFICEMAX INC SUPPLIES -COMM SVCS 0015350 41200 10.08 10/23/2008 OFFICEMAX INC SUPPLIES -DBC 0015333 41200 63.28 10/23/2008 OFFICEMAX INC SUPPLIES-P/INFO 0014095 1 41200 182.04 Page 16 City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 10/23/2008 10/23/2008 10/23/2008 82538... OFFICEMAX INC OFFICEMAX INC OFFICEMAX INC SUPPLIES-H/R SUPPLIES-P/INFO SUPPLIES-P/INFO 0014060 0014070 0014070 41200 41200 41200 50.71 131.61 32.80 10/23/2008 $940.74... 10/23/2008 82539 ORIENTAL TRADING COMPANY INC SUPPLIES -COMM SVCS 0015350 1 41200 1 123.401 $123.40 10/23/2008 82540 JASPER PANE FACILITY REFUND -DBC 001 1 23002 1 350-001 10/23/2008 $350.00 10/23/2008 10/23/2008 10/23/2008 82541 PERS HEALTH PERS HEALTH PERS HEALTH NOV 08 -HEALTH INS PREMS NOV 08 -HEALTH INS PREMS NOV 08 -HEALTH INS PREMS 0014060 0014090 001 40093 40086 21105 89.01 388.00 27,673.89 $28,150.90 10/23/2008 I 82542 IPIPER JAFFRAY BOND REMARKETING FEES nntdnon129 42126 42126 42126 4,009.2T9 $7,318.05 10/23/2008 82543 PTM DOCUMENT SYSTEMS PRINT SVCS -1099 FORMS 0014050 41200 41.96 $41.96 10/23/2008 82544 IRAJESH RANE FACILITY REFUND -DBC 001 1 23002 200.00 $200.00 10/23/2008 82545 RECY CAL SUPPLY CO SUPPLIES -RECYCLING 1155516 41200 208.75 $208.75 10/23/2008 1 82546 REGIONAL CHAMBER OF COMMERCE SERVICE CONTRACT-NOV 08 0014096 45000 1,000.00 $1,000.00 10/23/2008 82547 SAN GABRIEL VALLEY COUNCIL OF GOVT TAC MTG-LIU/YEE 0015510 42325 40.00 $40.00 10/23/2008 82548 KENIA SEONG RECREATION REFUND 001 34760 120.00 $120.00 10/23/2008 82549 SIGN CONTRACTORS INC BANNERS -COMM SVCS 0015350 45300 1,772.91 $1,772.91 10/23/2008 82551 130 CAL SANITATION JEQ RENTAL -SEPT 08 0015340 1 42130 1 545.97 $545.97 10/23/2008 10/23/2008 10/23/2008 82552 SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 ELECT SVCS -DIST 38 ELECT SVCS -DBC 1385538 1385538 0015333 42126 42126 42126 55.95 16.39 7,245.71 $7,318.05 Page 17 Check Date Check Number City of Diamond Bar - Check Register 10/15/08 thru 10/29/08 Vendor Name 10/23/2008 82553 STANDARD INSURANCE OF OREGON 10/23/2008 STANDARD INSURANCE OF OREGON 10/23/2008 STANDARD INSURANCE OF OREGON Transaction Description 08 -LIFE INS PREMS 08-SUPP LIFE INS PREM 08-STD/LTD Fund/ Dept I Acct # 001 21106 001 21106 001 1 21112 Amount I Total Check 1,253.701 $3,242.70 207.50 1.781-50 10/23/2008 17 82554 ISTATE BOARD OF EQUALIZATION ISALES TAX-JUL-SEPT 08 1 001 36650 1 24.001 $24.00 10/23/2008 10/23/2008 82559 TWO HORSE CONSTRUCTION TWO HORSE CONSTRUCTION RETENTIONS PAYABLE CONSTRUCTION-G/RUSH 250 2505510 20300 R46416 10/23/2008 10123/2008 10123/2008 82560 VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON CALIFORNIA PH.SVCS-DBC PH.SVCS-SYC CYN PK PH.SVCS-DATA MODEM 0015333 0015340 0014090 42125 42125 42125 -6,248.70 $56,238.22 62,486.92 68.80 $161.87 87.94 5.13 L 10123/2008 I 82561 JW.W. GRAINGER INC. MAINT-HERITAGE PK 1 0015340 1 42210 10/23/2008 10/23/2008 82562 WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 WATER SVCS -DIST 39 1385538 1395539 42126 42126 10/2312008 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 10/23/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 10/23/2008 WALNUT VALLEY WATER DISTRICT WATER SVCS -DBC 0015333 42126 10/23/2008 82563 WAXIE SANITARY SUPPLY TS PPLIES-DBC 0015333 41200 10/23/2008 WAXIE SANITARY SUPPLY PPLIES-DBC 0015333 41200 10/23/2008 82564 WEST COAST ARBORISTS INC 10/23/2008 WEST COAST ARBORISTS INC 10/23/2008 WEST COAST ARBORISTS INC E MAINT-AUG 08 E WATERING -AUG O8 E MAINT-SEPT O8 Page 18 12,371.69 $40,767.60 5,834.15 4,168.64 18,184.94 208.181 0015558 1 45509 1 10,882. 0015558 45510 1 670- 0015558 45509 7,745. $82.59 $19,967.20 Page 19 Fund/ Dept Acct # City of Diamond Bar - Check Register 10/15/08 thru Total Check Amount 0015558 45510 10/29/08 $19,967.20... ' Check Date Check Number Vendor Name Transaction Description 10/23/2008 82564... WEST COAST ARBORISTS INC TREE WATERING -SEPT 08 10/23/2008 82565 RUDY WONG FACILITY REFUND-PANTERA 001 23002 100.00 $100.00 10/23/2008 82566 PAUL WRIGHT A/V SVCS -P/C, CNCL MTG 0014090 $210.00 44000 210.00 10/23/2008 82567 PRISCA YUN FACILITY REFUND -DBC 001 23002 400.00 $400.00 10/29/2008 82569 POMONA VALLEY YMCA COMM ORG SUPPORT 0114010 42355 450.00 $450.00 $853,469.62 Page 19 Fund/ Dept Acct # Amount Total Check Amount 0015558 45510 670.00 $19,967.20... CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mange TITLE: Preliminary Treasurer's Statement — September 2008 RECOMMENDATION: Approve the September 2008 Preliminary Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # Meeting Date.- CITY ate: 6.5 Nov. 4, 2008 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. Since there are still adjustments being made to the cash balances between the various funds for the Fiscal 07-08 year end, the statement being presented has been termed preliminary. Once the year end numbers have been finalized a revised September treasurer's statement will be presented to the City Council for approval. PREPARED BY: Linda G. Magnuson, Finance Director Departrr4nt Head M, Assistant City Manager Attachments: Preliminary Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT September 30, 2008 (preliminary) BEGINNING - BALANCE :RECEIPTS. TRANSFERS QISBURSEMENTS IN .OUT . ENDING BALANCE GENERAL FUND LIBRARY SERVICES FUND $32,902,510.17 606,045.67 $1,786,518.17 $31,722,037.67 COMMUNITY ORG SUPPORT FD 0.00 (3,664.68) 0.00 GAS TAX FUND (182,152.31)513968.66 (3,664.68) TRANSIT TX (PROP A) FD TRANSIT TX (PROP C) FD 951,055.48 ,174,549.76 101,289.02 331,816.35 1,024,316.22 ISTEA Fund 1,656,163.22 69,021.10 0.00 1,725,184.32 INTEGRATED WASTE MGT FD TRAFFIC IMPROVEMENT FUND 247,707.65 19,929.57 19,047.70 0.00 248,589.52 370,769.62 AB2928-TR CONGESTION RELIEF FD 21,615.07 370,769.62 AIR QUALITY IMPRVMNT FD 93,853.79 21,615.07 TRAILS & BIKEWAYS FD 9,755.52 93,853.79 Prop 1B Bond Fund 938,838.76 9,755.52 PARK FEES FD 410,916.22 938,838.76 PROP A - SAFE PARKS ACT FUND (17 792,00) 410,916.22 PARK &FACILITIES DEVEL. FD 909,321.15 (17,792.00) COM DEV BLOCK GRANT FD 11,996.50 32,119.98 877,201.17 CITIZENS OPT -PUBLIC SAFETY FD 75,301.45 5'215'27 6,781.23 NARCOTICS ASSET SEIZURE FD 357,126.29 75,301.45 CA LAW ENFORCEMENT EQUIP PRGI 80,106.30 357,126.29 LANDSCAPE DIST #38 FD 21,211.82 80,106.30 LANDSCAPE DIST #39 FD (6,751.07) 22,694.90 (1,483.08) LANDSCAPE DIST #41 FD 70,269.05 17,150.38 (23,901.45) GRAND AV CONST FUND 0.00 7,986.12 62,282.93 CAP IMPROVEMENT PRJ FD (346,280.45) 0.00 SELF INSURANCE FUND 956,335.44 633,418.30 (979,698.75) EQUIPMENT REPLACEMENT FUND 204,231.36 1,132.00 955,203.44 COMPUTER REPLACEMENT FUND 179,501.24 204,231.36 PUBLIC FINANCING AUTHORITY FUNI 92,735.12 65,601.11 523.95 20,686.20 178,977.29 TOTALS $40 004,680.71 =$1449,115.87 ___$3_8.806.014 $2,647,781.99 $0.00 137,650.03 $38 806 014.59 SUMMARY OF CASH• DEMAND DEPOSITS: GENERALACCOUNT ($561,081.47) PAYROLL ACCOUNT 41,604.46 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($518,227.01) INVESTMENTS: US TREASURY Money Market Acct. $921,163.09 LOCAL AGENCY INVESTMENT FD 31,265,428.48 FED HOME LOAN BANK NOTES 7,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 137,650.03 TOTAL INVESTMENTS $39,324,241.60 TOTAL CASH $38,806,014.59 Note: The City of Diamond Bar is invested in the State Treasurer's are available for withdrawal within Local Agency Investment Fund. The account's funds 24 hours. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's e imated expen'. S. J es DeStefano, Tr surer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of September 2008 Institution Type of Investment Rating Purchase Date Maturity Amount Current Par / Fair Market Date Term At Cost Original Par Value * Rate State of California Local Agency Inv Fund AAA Wells Fargo Bank US Treasury Money Market AAA 31,265 31,263,872.06 2.774% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 921,428.48 $921,163.D9 $ 921,163.09 0.972% Wells Fargo Inst Securities FHLMC -Freddie Mac Note AAA 05/12/08 05/12/10 137,650.03 137,650.03 0.880% Wells Fargo Inst Securities FHLB - Federal Home Loan Nc AAA 08/27/08 08/27/10 2.0 Yrs 1,000,000 1,000,000 995,840.00 3.350% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 05/15/08 11/15/10 2.0 Yrs 1,000,000 1,000,000 995,630.00 3.400% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 01/21/08 02/21/11 2.5 Yrs 1,000,000 1,000,000 1,000,390.00 3.500% Wells Fargo Inst Securities FFCB - Farm Credit Note AAA 03/18/08 03/18/11 3.0 Yrs 1,000,000 1,000,000 994,910.00 3.600% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 04/15/08 04/15/11 3.0 Yrs 1,000,000 1,000,000 997,190.00 3.600% Wells Fargo Inst Securities FHLMC - Freddie Mac Note AAA 06/03/08 06/03/11 3.0 Yrs 1,000,000 1,000,000 988,140.00 3.500% 3.0 Yrs 1,000,000 1,000,000 1,000,960.00 4.000% Totals for month Less Investments matured during the month $ 39,324,241.60 $ 39,295,745.18 Total Investments - 2007 -08 Actual Interest Income 2008-09 Budgeted Interest Income Actual Year -To -Date Interest Income Percent of Interest Received to Budget Allocation of Book Value of Investment by Type (By Percent) Federal Agency LAIF Fund Securities 79.51% 17.80°x° U.S Treasury Money Market Z69% Total Investment - $39.324 242 ' Source of Fair Market Value: Wells Fargo Institutional Securities, LLC 0.00 $ 39,324,241.60 $1,702,255.90 $1,015,700.00 $45,724.73 4.502% TYPE OF INVESTMENTS: Local Agency Investment Fund (LAIF) LAIF is an investment pool for local agencies which is managed by the State Treasurer and regulated by the State law. The City Investment Policy places no limit on this type of investment. U.S. Treasury Money Market Fund Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. The City Investment Policy places no limit on this type of investment. Federal Agency 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. The City Investment Policy places a 40% limit on this type of investment. Note: The fair market value is the value of a security if it was sold on the date of this report. Since interest rates fluctuate from day to day the fair market value may rise or fall accordingly. It is the intention of the City to hold all securities (with the exception of LAIF) to maturity or until called by the issuer. At that time, the security is redeemed at face value regardless of the current interest rate. Agenda # 6.6 Meeting Date: Nov. 4, 2008 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: Approve Amendment No. 1 to the ontract with TRG Land, Inc. in the amount of $48,826 for land planning services on property owned by the Walnut Valley Unified School District (WVUSD) commonly known as Site D, appropriate $28,826 from General Fund Reserves, and Approve Amendment No. 1 to the reimbursement agreement with WVUSD increasing the reimbursement amount and approving a methodology of dividing the land sale proceeds. RECOMMENDATION: Approve contract amendment, appropriate funds, and approve amendment to reimbursement agreement with WVUSD. All the approvals would be contingent upon approval by the Walnut Valley Unified School District. BACKGROUND/FINANCIAL IMPACT: In June 2007, the City Council approved a reimbursement agreement with WVUSD which specified that the City will be reimbursed the cost to create the Specific Development Plan (Specific Plan) for Site D plus 5% to account for lost interest income. The original estimated cost to create the Specific Plan was approximately $280,909. TRG Land, Inc., the consultant preparing the Specific Plan, is requesting additional funds in the amount of $48,826. With the original approval, the City Council appropriated an additional $20,000 for contingencies and unexpected costs to be approved by the City Manager. None of the contingency funds have been expended to date. So in order to fund the amendment to the contract in the amount of $48,826, the Council needs to appropriate an additional $28,826. The amendment to the reimbursement agreement with WVUSD will provide that the District will reimburse the City the total cost of the Specific Plan ($329,735) plus an additional 5% to account for lost interest income at the time the property sells. BACKGROUND: Walnut Valley Unified School District owns an undeveloped parcel of real property within the territorial limits of the City ("School Property") which has been found to be unnecessary for future school use and has been declared surplus property. The City owns an approximate .93 acre undeveloped parcel of real property immediately adjacent to the School Property ("City Property") which was purchased for economic development purposes and other public uses. The School District desires the disposition of the School Property to yield the maximum return to the District for the benefit of its constituents and its educational mission. The City desires that the School Property and City Property (collectively referred to hereinafter as "Site D") be developed in a manner as to assure compatibility with and to meet the needs of the surrounding area, and to provide a desirable level of sales tax revenues to the City. The School District and the City have agreed to cooperate and collaborate in the planning of the future land use and zoning designations for Site D in order that School District and City may each advance its respective objectives for the disposition of the property. DISCUSSION: The Specific Planning process has been underway for approximately a year. During that time, we have addressed a number of issues including development of an Environmental Impact Report (EIR). While the EIR is not yet completed, there have been a number of issues that had to be addressed that were not included in the consultant's original scope of work. Some of these issues are concerns raised by City staff about the document itself and making it a more comprehensive document with the inclusion of a sustainability section. Other staff initiated changes include a computer modeling of the projects so that nearby residents will be able to fully understand the visual impacts of the proposed land use plan. In addition to the City directed changes, there were a number of issues identified through the EIR process that required additional work by the consultant including additional civil engineering work to address covering the flood channel, additional work related to the type of retaining wall being used to maximize the size of usable land, and additional cultural resource work in the field. These additional tasks were not in the original scope of work but are necessary to have a complete and thorough environmental analysis of the project. The amendment to the reimbursement agreement does the following: 1. Increases the agreed upon reimbursement amount to address the increase in costs associated with amendment number 1 to the TRG Land Inc. contract. 2. Approves a methodology for dividing the proceeds of the sale of the property. Increased Amount of Reimbursement This modification is straightforward and is intended to capture the proposed increase in the overall TRG Land contract. Division of Proceeds for sale of Properties An issue that was never addressed in the original reimbursement agreement was the appropriate manner in which the proceeds of the sale of the properties would be allocated. It is anticipated that the property would be marketed and sold as one large parcel to a single buyer. However, there are two actual property owners (City and WVUSD). In order to equitably divide the proceeds of the sale, the reimbursement agreement states: Upon the sale of the property either in whole or as two separate sales, the proceeds of the sale(s) shall be divided based on the following formula: District shall receive 95.4% of the sales proceeds, less the reimbursement of the administrative overhead to be paid to the City. The City shall receive 4.6% of the sale proceeds. These percentages represent the approximate percentage of the usable land that each party is contributing to the project. If approved by Council, the amendment to the TRG Land Contract and the amendment to the reimbursement agreement with WVUSD will be contingent upon approval by the WVUSD Board at its November 5th meeting. PREPARED BY: OW Assistant City Manager Attachments: 1. Amendment No. 1 to the TRG Land Inc Contract 2. Amendment No. 1 to the MOU with WVUSD AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT FOR SITE D LAND PLANNING SERVICES This Amendment No. 1 to the CONSULTING SERVICES AGREEMENT FOR SITE D LAND PLANNING SERVICES ("Amendment") is made and entered into this 4th day of November 2008, by and between the City of Diamond Bar, a municipal corporation (hereinafter referred to as "City") and TRG Land Inc. (hereinafter referred to as "Consultant"). RECITALS A. City and Consultant heretofore entered into a Consulting Services Agreement for Site D Land Planning Services dated June 19, 2008 ("Agreement") to provide land planning services for the property located in the City known as Site D. B. The parties now desire to amend the Agreement by increasing the compensation to account for unanticipated costs encountered by Consultant in the performance of the Agreement. NOW THEREFORE, in consideration of the foregoing and the promises and covenants contained herein, the Agreement is amended as follows: Section 3 of the Agreement is hereby amended in its entirety to read as follows: 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibits "1-A through 1-F and Exhibit 2-A and 2-B and attached to this amendment." 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 $329,735. Except as set forth in this Amendment, all other terms and conditions set forth in the Agreement shall be and remain in full force and effect IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Consulting Services Agreement for Site D Land Planning Services as of the day and year first set forth above. ATTEST: By: City Clerk APPROVED AS TO FORM: CITY OF DIAMOND BAR M City Manager ATTACHMENT t "CONSULTANT" By: City Attorney Its: Site D'Completed Items Addendum Consultant Costs Item Completed Items TRG Land, Inc. $ 15,070.00 KFM Geoscience $4,856.00 Studies for Lottel walls and the unforeseen presence of several critical weak clay layers within the proposed cut slopes Environmental Impact Sciences 52,000.00 Additional costs for response to comments, etc, Linscott, Law & Greenspan $2,500.00 Traffic study for double left from Diamond Bar Blvd into project PCR $3,500.00 Cultural and paleo report ort Total $27,926.(X) �RRfema, S:\Projects\City of Diamond Bar\Current Milestones_Schedule\milestones_costs_9.10.08 IT Site IDI New items Addendum Consultant Costs Item New Items Digital Preview $5,000.00 Computer modeling of project for public meetings TRG Land, Inc $2,090.00 Commercial and Residential Product Imagery/Photos $2,090.00 Irreducible Diagram $1,200.00 General Design Guidelines $5,200.00 Sustainability Section $1,320.00 Site Sections $4,000.00 Reformatting Specific Plan Document $0.00 Public Meetings and Exhibits - billed at cost Total $20,9(X).00 S:\Projects\City of Diamond Bar\Current Milestones_Schedule\milestones costs_g.10.08 rutAHIBIT September 19, 2008 David Doyle Assistant City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 RE: WVUSD l Site D Specific Plan Dear David, TRG Land is pleased to submit this addendum to our proposal regarding the Specific Plan for Site D Property in the City of Diamond Bar, California. Our efforts will include items not previously covered in our original scope of services. A. Provide computer modeling of the project. Task: Provide a computer generated model of the project from several off site locations to illuminate how the project will be viewed from public locations. Product: Computer modeling of the site for public presentations. Est. Hrs: 46 Cost: $5,000 B. Product imagery for both commercial and residential products. Task: Field trip to photograph appropriate product for the site. Product: Imagery to be formatted for the Specific Plan Est. Hrs: 19 Cost: $2,090 C. Prepare an irreducible diagram to outline setbacks and guidelines for the site. Task: Produce a diagram showing the irreducible aspects of the site plan, including building and parking setbacks, and landscape areas. Product: Diagram to be used in the Specific Plan. Est. Hrs: 19 Cost: $2,090 (`itN of Diamond Bar kddendnni to Scope of Seri ices September 11). 2008 Pa ,e 2 o(* 3 D. General Design Guidelines Task: Add general design guidelines to the Specific Plan that broadly outline desirable conditions for development Product: General design guidelines. Est. Hrs: 11 Cost: $1,200 E. Provide a sustainability section Task: Write a sustainability section for the Specific Plan outlining required practices to be followed for both commercial and residential uses. Product: Sustainability Section text and support graphics if needed. Est. Hrs: 47 Cost: $5,200 F. Provide site sections of the project. Task: Provide 4 site sections of the project as requested by client. Product: Four cross sections of the site. Est. Hrs: 12 Cost: $1,320 G. Update and reformatting of the Specific Plan Document. Task: Reformat the Specific Plan with the inclusion of the above text and support graphics and other changes that might arise. Product: Revised Specific Plan Est. Hrs: 36 Cost: $4,000 The scope of work outlined above is for planning services provided by TRG Land, Inc. This scope of work does not include the services of other disciplines such as, but not limited to, civil engineering, geotechnical engineering, traffic and environmental reports. EXA'IISO, IT I� � f iu of Diamond Bar Wdenduari to Scope of Sen ices Srptcu�hca' I1). 2008 P.o,j, 3 of z Based upon this proposal, we are requesting that a time and materials contract be established for $20,900 for the above services. Public meetings will be billed at cost. Please call me regarding any questions you might have; otherwise, we will proceed with this work immediately. Best regards, TRG Land, Inc. Mark Rogers, Principal This Amendment No. 1 is made and entered into this 4th day of November 2008 between the City of Diamond Bar, California, a municipal corporation ("City") and the Walnut Valley Unified School District, a unified school district organized under the California Education Code ("District"), A. Recitals. The City has heretofore entered into a Memorandum of Understanding (MOU) with Walnut Valley Unified School District to cooperate and collaborate in the planning of the future land use and zoning designations for Site D in order that District and City may each advance its respective objectives for the disposition of the property. As a result of increases to the contract for the independent consultant performing this work on behalf of the District and City the MOU which outlines the contractual obligations of each party needs to be amended to reflect the additional costs incurred in the land use planning process. In addition, it is appropriate to address the division of proceeds from the sale of said property as an amendment to the MOU. B. Amendment to MOU. The MOU is hereby amended as follows: Section 1 Preparation of Specific Plan. 1.1 City agrees to engage the services of TRG Land, Inc. to prepare a specific plan for Site D in accordance with California Government Code sections 65450 through 65457, pursuant to its proposal dated June 6, 2007, and to advance the cost of preparation of the specific plan. The revisions by TRG Land Inc. to its June 6, 2007 proposal as documented in its proposal amendment dated September 19, 2008 and attached to this amendment as Exhibit B-1 and B-2 shall be accepted and approved by District and City. 1.2 District shall reimburse City the cost of preparation of the specific plan upon sale of Site D, the reimbursement to be paid through escrow, from the proceeds of the sale. The reimbursement shall consist of the final direct cost of TRG Land Inc.'s services, the additional cost of associated consulting services provided by TRG's subconsultants and others for civil engineering, geotechnical engineering and environmental services, plus an administrative overhead charge of five percent ( 5%) of the total of the foregoing reflecting City staff time and public hearing expenses. Total reimbursement pursuant to this paragraph shall not exceed the sum of Three Hundred Forty Six Thousand Two Hundred Twenty -One dollars and ATTACHMENT , 75/100 ($346,221.75) absent written consent of District, which consent shall not be unreasonably denied or delayed. The not to exceed costs of TRG Land, Inc. and its subconsultants for the services to be rendered under this Memorandum are attached hereto as Exhibit B, Exhibit B-1, and Exhibit B-2 and incorporated herein by this reference. SECTION 3. Sale of Site D by District/City. 3.3 Disposition of Sale Proceeds Upon the sale of the property either in whole or as two separate sales, the proceeds of the sale(s) shall be divided based on the following formula: District shall receive 95.4% of the sales proceeds, less the reimbursement of the administrative overhead to be paid to the City. The City shall receive 4.6% of the sale proceeds. SECTION 4. Term This Memorandum shall commence on July 1, 2007 and remain in effect until the actions contemplated herein have been fully consummated Notwithstanding, the parties agree, subject to force mejeure events beyond the reasonable control of the parties, that should the specific plan for Site D not be approved by City within twenty- four (24) months from the date and year first written above consistent with the schedule attached as Exhibit D, either party may terminate this Memorandum upon providing written notice to the other party. In the event this Memorandum is terminated pursuant to this paragraph 4, District shall be released from the reimbursement obligation set forth in paragraph 1.2 above. Each party to this Supplemental Agreement acknowledges that no representation by any party which is not embodied 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. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement as of the day and year first set forth above. ATTEST: CITY By: By. City Clerk City Manager APPROVED AS TO FORM: DISTRICT ATTACHMENT ,Z By: City Attorney APPROVED AS TO FORM: WVUSD Attorney ATTACHMENT ),, Agenda # 6 , 7 Meeting Date: 11/4/08 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manatv"�--t-p TITLE: ACCEPTANCE OF WORK PERFOkMED BY INTERNATIONAL PAVEMENT SOLUTIONS FOR THE CONSTRUCTION OF THE STORAGE CONTAINER PAD AT PANTERA PARK; DIRECTION TO THE CITY CLERK TO FILE THE PROPER NOTICE OF COMPLETION AND TO RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. RECOMMENDATION: Accept the work performed by International Pavement Solutions; direct the City Clerk to file the Notice of Completion; and authorize the release of the retention. FINANCIAL IMPACT: There is $120,000 appropriated for this project. Total cost to complete the project is $102,736.98. Following is the breakdown of project costs: Project Costs: Construction Contractor (Includes Change Orders #1 & 2) $ 63,899.58 Design & Construction Management / Observation $ 28,300.00 Plans & Specs Photocopies and Bid Release Ads $ 708.40 Inspection & Plan Check $ 9,829.00 TOTAL $ 102,736.98 Funds appropriated for this project: $ 120,000.00 BACKGROUND: The City Council awarded a contract in the amount of $58,214.58 to International Pavement Solutions on June 17, 2008 to construct storage container pads at Pantera Park. Change Order #1 in the amount of $5,500 was approved by staff to add the following scope of work to the contract: Change Order #1 1. Remove and replace approximately 901-17 of existing mow curb due to elevation issues. 2. Remove approximately 180CY of existing soil and re -grade south area to blend properly with new drainage to be installed per plan. 3. Reconfigure irrigation in south area and plant to fill in removed soil area. Total: $5,500.00 Change Order #2 in the amount of $185.00 was approved by staff to add the following scope of work to the contract: Change Order #2 1. Additional 24 sq. ft. of 6" concrete paving @ $7.00 per sq. ft. $168.00 2. Additional 2 linear ft. of 12" wide concrete band at chain link fence @ $8.50 per LF $17.00 Total $185.00 Total cost of the project, including Change Orders #1 & 2 is $63,899.58 The work was substantially completed on October 21, 2008 and is now ready to be accepted. DISCUSSION: The purpose of this project was to construct a concrete pad on which to place the storage containers used by youth sports organizations utilizing Pantera Park for their programs. The concrete pad moves the containers further away from the basketball courts, which is a very active area of the park. The sports organizations provide their own storage containers. The project also added three park benches for users of the basketball courts and improved the landscaping in the project area. r of Community Services Notice of Completion Linda MagnuSdn Director of Finance RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO CITY OF DIAMOND BAR 21825 COPLEY DRIVE DIAMOND BAR CA 91765 ATTENTION: CITY CLERK NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. Notice is hereby given that 1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 Cooley Drive Diamond Bar CA 91765 4. The nature of the interest or estate of the owner is; "Lessee" (If other than fee, strike "In fee" and insert, for example, "purchaser under contmet of purchase;' or "lessee') 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on October 21. 2008 . The work done was: Construction of Storage Container Pad at Pantera Park 7. The name of the contractor, if any, for such work of improvement was International Pavement Solutions (If no contractor for work of improvements a whole, insert "none') (Date of Conlmet) 8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of California, and is described as follows Pantera Park, 738 Pantera Drive 9. The street address of said property is 738 Pantera Drive. Diamond Bar. CA 91765 (If no street address has been officially assigned, insert "none") CITY OF DIAMOND BAR Dated- yenfication for Individual Owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the City Manager the declarant of the foregoing (`resident of', "Manager of," "A partner of," "Owner of," etc.) notice of completion; I have read said notice of completion and know the contests thereof, the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on 20 08 at Diamond Bar California. (Date of signature) (City where signed) (Pemonal signature of the individual who is swearing that the contents of the notice of completion are true) DO NOT RECORD REQUIREMENTS AS TO NOTICE OF COMPLETION A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement (to be computed exclusive of the day of completion), as provided in Civil Code Section 3093. The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or his successor in -interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title. For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded to his interest at the date the notice is filed, must file the notice. If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other co-owners must be stated in paragraph 5 of the form. Note that any Notice of Completion signed by a successor in interest shall recite the names and addresses of his transferor or transferors. In paragraphs 3 and 5, the full address called for should include street number, city, county and state. As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or more original contracts, then this form must be modified as follows: (1) Strike the works "A work of improvement" from paragraph 6 and insert a general statement of the kind of work done or materials furnished pursuant to such contract (e.g., "The foundations for the improvement"); (2) Insert the name of the contractor under the particular contract in paragraph 7. In paragraph 7 of the notice, insert the name of the contractor for the work of improvement as a whole. No contractor's name need be given if there is no general contractor, e.g., on so-called "owner -builder jobs." In paragraph 8, insert the full legal description, not merely a street address or tax description. Refer to deed or policy of title insurance. If the space provided for description is not sufficient, a rider may be attached. In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority. CITY COUNCIL Agenda # —6.- . 8 _ Meeting Date: Noveinher 4, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man r TITLE: AWARD OF DESIGN AND CON TRUCTION ADMINISTRATION SERVICES FOR THE 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CURB RAMP INSTALLATION PROJECT TO NORRIS- REPKE IN THE AMOUNT OF $25,890.00, AND AUTHORIZE A CONTINGENCY AMOUNT OF $2,500.00 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $28,390.00. RECOMMENDATION: Award. FINANCIAL IMPACT: Fiscal Year 2008-2009 Budget includes an allocation of $121,608.00 of Community Development Block Grant (CDBG) funds for the Curb Ramp Installation Project within the vicinity of Armstrong Elementary School. BACKGROUND: As shown in Exhibit "A", thirty-seven (37) curb ramp locations within the vicinity of Armstrong Elementary School within the neighborhood bounded to the west by the City Limit with the City of Industry, to the north by Sunset Crossing Road, and to the east and south by SR 57/60 Freeway is in need of construction or upgrading. The majority of the 37 locations will be new ramps installed where currently no ramps exist. All other areas identified by the consultant are existing curb ramps previously installed but will need to be removed and replaced to meet current ADA guidelines. DISCUSSION: On September 26, 2008, the Public Works Department requested four engineering consulting firms to submit proposals for professional engineering services. The request included preparation of plans, specifications and estimates, construction administration/inspection, and construction staking services. A total of three (3) proposals were received on October 10, 2008. The table below shows the proposed fees of each consulting firm. nt Total $24,514.00 4DMSConsultants,inc $25,890.00 $42,990.00 The three proposals were reviewed and evaluated by the selection committee. Staff unanimously concluded that Norris-Repke best understood the City's needs and was the most qualified consultant because of their design approach, public relations views, knowledge of local conditions and CDBG Federal Requirements. Norris-Repke's scope of work includes: • Research of City, County and Utility company records • Prepare project plans • Locate all existing utilities • Prepare project specifications and cost estimates • Survey and Construction Staking • Serve as general liaison and coordinator among Contractor, Subcontractors, Utility Companies and City Staff • Provide all inspection services and daily reports • Review all contractor submittals and invoices prior to City Engineer review and approval • Develop any "Punch List" items • Submit final acceptance report to the City upon Completion of the project The tentative schedule of this project is as follows: Design, Specifications and Estimate Complete December 2008 Contract Award January 2009 Construction Completion March 2009 PREPARED BY: Erwin Ching, Assistant Engineer Date Prepared: October 29, 2008 REVIEW D d G. Li , Director of Public Works Attachments: Consulting Services Agreement 2 irk y' EXHIBIT "A" CITY OF DIAMOND BAR ;ry PROJECT AREAS FOR 2008-2009 CDBG PROGRAM CURB RAMP INSTALLATION `$ Al 2 57 lul 161 a` q1i . 1 1 OPEN, W," x 9 a• cam' Gq t�kWTC 7 ,Y Proposed Neighborhood foo- tiro 5 .. rs • installation of 37 Cuj-t� lZ11mps L ,�,.`�'±•vY^C�wcY�.�aPr��r. .'I'+.�}s �a A� 7' .� [A�n..rC\'15i75"'� � Gr "1 x_r.'4t14 CREEK ,V CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of November 4, 2008 by and between the City of Diamond Bar, a municipal corporation ("City") and Norris-Repke, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated September 26, 2008. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated October 8, 2008 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect November 4, 2008, 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 "C". Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: James DeStefano, City Manager Consultant: Kamran Saber, P.E. City of Diamond Bar Norris-Repke 21825 Copley Drive 400 North Tustin Avenue, Diamond Bar, CA 91765-4178 Suite 230 Santa Ana, CA 92705 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 4 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insured 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 insured to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day 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. 6 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. D. The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. E. The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations and orders of the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations and orders. F. In the event of the Consultant's non-compliance with the equal opportunity clauses of the Agreement or with any such rules, regulations or orders, this Agreement may be cancelled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, or by rule, regulation, or as otherwise provided by law. G. The Consultant will include the provisions of paragraphs (A) through (F) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the City my direct as a means of enforcing such provisions including sanctions for non-compliance; provided, however, that in the event the Consultant becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such directions by the City, the Consultant may request the United States to enter into such litigation to protect the interests of the United States. 16. Civil Rights Act of 1964. Under Title VI of the Civil Rights Act of 1965, no person shall, on the grounds of race, color, or national origin, be executed from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. 17. Section 109 of the Housing and Community Development Act of 1974. No person in the United States shall, on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be 7 subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title. 18. Age Discrimination Act of 1975 and Rehabilitation Act of 1973. Any prohibition against discrimination of 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 to any such program or activity. 19. 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. 20. 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. 21. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 22. 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. 23. 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. 24. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 25. 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_ 26. County Lobbying Certification. The Consultant certifies that: (A) 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 the Los Angeles County Code Chapter 2.160, (Los Angeles County Ordinance 9.-0031) and; (B) That all persons/entity/firm who seeks a contract with the Community Development Commission shall be disqualified therefrom and denied that 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. 27. Lobbying Certification. The Consultant certifies that: (A) 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, and officer or employee of Congress, or an employee of any Member of Congress in connection with the awarding of any Federal contract, the making of any cooperative agreement, and the extension, continuation renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement. (B) 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, a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the Consultant shall complete and submit Standard Form -LLL, "Disclosures Form to Report Lobbying", in accordance with its instructions. (C) The Consultant shall require that the language of this certification be included in all subcontracts and that all subcontracts shall certify and disclose accordingly. 28. 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 projects, both federal and non-federal shares. These records will be made available for audit purposes to the 9 City or any authorized representative, and will be retained five years after final payments are issued and other pending matters are closed. (24 CFR Part 84, Sec. 84.53) 29. 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. 30. 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: Tommye A. Cribbins, City Clerk Approved as to form: By: City Attorney "CONSULTANT" By: Its: CITY OF DIAMOND BAR 10 Jack Tanaka, Mayor M October 8, 2008 David G. Liu, PE Director of Public Works City of Diamond Bar Public Works Department 21825 Copley Drive Diamond Bar, CA 91765 Subject: Fee Proposal for Consulting Services Proposal to Provide Design, Construction Administration/Inspection, Surveying and Staking Services for the 2008-2009 CDBG Curb Ramp Installation Project Dear Mr. Liu: This presents our fee proposal to provide the engineering services presented in the attached proposal for the subject project. Norris-Repke proposes to provide the services for the TOTAL NOT TO EXCEED FEE presented below. A breakdown of the proposed task/man hour chart for the project is attached for your information and use in evaluating this proposal. We would be happy to discuss the fees and their association to our proposed scope of work and make revisions where mutually agreeable. Total Not To Exceed Fee = $25,890 Fees will be invoiced monthly based on actual time expended. Outside agency fees are not included in the proposed fee. Additional services will be provided at current hourly rates. We appreciate this opportunity to be of service to the City one more time and look forward to a successful project. inc rely, mran Sa er, PE Principal Attachment TEL: 714-973-2230 FAX: 714-973-2263 WWW: www.norrisrepke.com P4161 400 North Tustin Avenue, Suite 230, Santa Ana, CA 92705 Client: City of Diamond Bar FEE BREAKDOWN CHART 2008-2009 CDBG CURB RAMP INSTALLATION PROJECT Norris-Repke October, 2008 TASKS PHASE I: ORIENTATIONIDATA COLLECTION PHASE II: PRELIMINARY DESIGN PROJECT MANAGER $150 PROJECT ENGINEER $125 2 Sr. PROJECT DESIGNER $120 4 SURVEY MANAGER $150 SURVEY PARTY $120 CONST. MANAGER $120 PUBLIC WORKS OBSERVER $90 -_ TOTAL COST $730:00 Task 1: Field Survey Task 2: Base Maps 8 4 8 $2,520.00 Task 3: Preliminary Design 4 8 $1,460.004 Task 4: City Meeting 2 8 $1,460.00 PHASE III:DESIGN /CONSTRUCTION DOCUMENTS 2 $550.00 - _ Task 1: Plans Task 2: Specifications 6 10 - $1,950. 00 1 4 Task 3: Estimate $650.00 Task 4: Utility Coordination 4 2 $740.00 Task 5: City Meeting/City Processing 8 - $1,000.00- PHASE IV: CONSTRUCTION ADMIN. (INSPECTION 2 2 $ 490.00 - Task 1: Pre -Construction Task 2: Construction' 2 2 $420.00_ Task 3: Post Construction 4 8 - - 8 120 $13,320.00 Total Hours 3 36 42 8 16 12 126$600.00 TOTAL AMOUNT 450.00 4,500.00 5,040.00 1,200.00 1,920.00 1,440.00 11,340.00 $25,890.00 P-4161 i SECTION 1: QUALIFICATIONS, EXPERIENCE AND REFERENCES City of San Gabriel Millennium Miles Street Improvement Program 2000-2007 Norris-Repke helped the City of San Gabriel develop a street improvement program spanning five years to address the needs of its rapidly deteriorating street system and limited public works improvement budgets. Norris-Repke provided cost effective land surveying, engineering design, project management and construction management and inspection service program for the five-year citywide annual street improvement program. This CDBG funded project included street, curb, sidewalk and ramp improvements on local and collector streets throughout the City. City of Westminster ' 20th and 21st Street Improvements 1 Norris-Repke provided surveying and engineering design services for eight residential streets (10th, 11th, 12th and 13th, 18th, 19th, 20th, and 21st Street), which included street 1 reconstruction, curb & gutter installation, street widening, and ADA ramp installation and reconstruction, as well as new sidewalk construction. This CDBG funded project I included the preparation of design survey, design plans, specifications, and cost I estimates. This project was particularly challenging due to the on-site coordination with residential owners adjoining the improvements. Most of the project area did not have any I existing sidewalk, and the joining of existing driveways required considerable on-site coordination. I I City of Costa Mesa Sidewalk Improvements Norris-Repke performed design survey and prepared a PS&E package for a sidewalk improvement package at various locations in the City. The project added sidewalk to existing streets and included new ADA ramps at intersections. Funding was combined from CDBG funding and City gas tax funds. I City of San Gabriel San Gabriel Blvd. Improvement Project San Gabriel Boulevard serves as a major regional four -lane north/south arterial commuter link between 1-10 and 1-210 with high traffic and intensive commercial development and driveway access through the corridor. This STP -L funded project consisted of the rehabilitation and reconstruction of 3,900 LF of poor condition roadway including localized removal and replace areas, curb, gutter and sidewalk repair, the addition to gutter plate and cross gutters, the addition of curb ramps and the reconstruction of driveway aprons where needed. Due to the intense commercial activity in the area, community outreach and proactive communication with local businesses was critical. Norris-Repke successfully provided design and construction surveying, and construction management and inspection services to this project in addition to design. City of Buena Park Commonwealth Avenue Improvement Project Norris-Repke provided engineering design for the preparation of plans, specifications, and estimates for the improvement of Commonwealth Avenue from Indiana Avenue to the easterly City limit (2,180 LF). This project including AC removals and replacement, ADA improvements, traffic striping and traffic signal modification, as well as design and construction surveying and construction inspection. c:Ity of Villa Park Villa Park Road Rehabilitation Norris-Repke provided design and construction surveying, engineering design and construction management and inspection services for the rehabilitation and improvements on this primary arterial road, including the upgrading of 14 existing handicap ramps to meet Federal requirements. _, Consulting Services Proposal Page 3 of 22 2008-2009 CDBG Curb Ramp Installation Project I SECTION 1: QUALIFICATIONS, EXPERIENCE AND REFERENCES —I City of West Hollywood Flores St., Westmount Dr., West Knoll Dr., Westbourne Dr. Improvement Project Norris-Repke provided engineering design services for street improvements on six residential streets in a congested West Hollywood neighborhood. This project included the removal and replacement of curb and gutter and 20 existing handicap ramps. City of Costa Mesa 17th Street Rehabilitation Norris-Repke provided land surveying and design engineering services for a busy, secondary arterial roadway in a high traffic commercial area in the City of Costa Mesa. This project included the addition of a raised median, the modification of traffic signals, removal and replacement of damaged pavement, curb and gutter and sidewalk, as well ADA ramp upgrades to meet Federal requirements. The project construction cost was estimated at $2.3 M. Design and Construction Surveying Projects City of San Gabriel San Gabriel Boulevard Street Improvement Project Norris-Repke provided design survey services for 4,600 LF of busy arterial roadway in the City of San Gabriel as part of a I street rehabilitation project. Norris-Repke operated a three-person survey crew to expedite data collection on this busy urban roadway. I City of San Gabriel I Roses Street Improvement Project Norris-Repke provided design survey services for 3,640 LF of collector street in the City of San Gabriel as part of a street rehabilitation project. City of Garden Grove Coast Sewer Construction Staking Norris-Repke provided construction staking services for six sewer installation locations in the City of Garden Grove as part of our On -Call Surveying Services Agreement. Close coordination with the City and Contractor was required due to demanding construction schedules. City of Buena Park Stanton, Manchester, Artesia Construction Staking Norris-Repke provided construction staking services for three street rehabilitation projects in the City of Buena Park as part of our On -Call Surveying Services Agreement. City of Villa Park Mesa Drive Widening and Improvements This project consisted of the widening of 1,000 LF of a collector street within an upscale residential neighborhood. The project design and construction were complicated by the existing conditions of terrain, driveways, walls and utilities. Norris-Repke provided survey, design and construction management and inspection services. City of Buena Park Commonwealth Avenue Improvements Construction Staking Norris-Repke provided construction staking services for a 2,180 LF arterial street improvement project. Construction included AC removals and replacement and ADA improvements. 1. Consulting Services Proposal Page 4 of 22 2008-2009 CDBG Curb Ramp Installation Project SECTION 1: QUALIFICATIONS, EXPERIENCE AND REFERENCES City of Stanton Sewer Improvements at Various Locations Norris-Repke successfully provided construction surveying services for the construction of 6,000 LF of parallel relief lines along five separate City sewer segments identified as high priority by the City's Sewer Infrastructure Analysis Update. City of Villa Park Villa Isle Storm Drain Norris-Repke successfully provided construction surveying services of 1,000 LF of 45" HDPE storm drain within an existing natural channel. Special design considerations were required due to the shallow cover and existing flows within the natural channel. I California Construction Authority Various Land Surveying Projects Norris-Repke acted as Project Surveyor for the mapping and construction surveying at a large fairground construction project operated by the California Construction Authority. The Base map was prepared by aerial photography with supplemental mapping added for covered areas and for utilities by conventional surveying measurements. I References For over 23 years, Norris-Repke has provided or prepared project reports, design, PS&E documents, land surveying and mapping, and construction assistance for hundreds of engineering projects. Currently Norris- Repke provides engineering and surveying services similar to those requested by the City for several agencies: i i 1. Client: City of San Gabriel Address: 425 S. Mission Drive San Gabriel, CA 91776 Contact: Bruce Mattern, City Engineer Telephone: 626-308-2800 00 Client: Address City of Villa Park 17855 Santiago Boulevard Villa Park, CA 92861 Ken Domer, City Manager 714-998-1500 City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 Marwan Youssef, City Engineer 714-898-3311 Consulting Services Proposal 2008-2009 CDBG Curb Ramp Installation Project SECTION 2: PROJECT UNDERSTANDING AND APPROACH Project Understanding This project consists of providing design, construction administration/inspection Surveying and Staking Services for the City of Diamond Bar 2008-09 Community Development Block Grant (CDBG) Curb Ramp Installation Project. The project includes the installation of approximately 37 ramps at the vicinity of Armstrong Elementary School. The project objective is to upgrade the existing ramps or construct new ramps to provide continuity and accessibility for pedestrians in accordance to the Americans with Disabilities Act (ADA). The Estimated Construction cost is $121,000 (Erwin Ching, Project Manager) Existing Condition Norris-Repke conducted a field reconnaissance on Tuesday October 7, 2008. Our design staff visited the job site and performed a preliminary investigation on 20 intersections (49 ramps, 12 ramps more that stated in the RFP). In general the existing facilities are located in residential areas. The existing sidewalks are located at the right-of-way with some landscaped parkway between the sidewalk and street curb and gutter. Some other findings is as follows: 1. Out of 49 street corners investigated, 33 street corners lack any type of ramp. 2. 16 ramps were situated at the close vicinity of Armstrong Elementary School. Nine (9) ramps out of these 16 ramps lack Detectable Warning Surface (WDS). 3. Observed at some locations, the concrete spandrel section of adjacent cross gutters have cracks. 4. Some of the existing ramps have lip higher than the gutter flow line. Other observed existing conditions that will impact the project design include: 1. Existing hardscape (bricks, concrete etc) in the parkway adjacent to the sidewalk 2. Landscaping within the parkway area 3. Walls and hardscape located behind the sidewalk on private property 4. Slopes and grades on private property behind the sidewalk. 5. Signs and utility facilities within the parkway area adjacent to the sidewalk landing areas 6. Cross -gutter spandrels at the curb returns 7. Steep longitudinal sidewalk grades 8. Existing ramp condition and gutter or spandrel condition Project Approach Major project issues and considerations that will need to be addressed during the project design and construction phases include the following: 1. Curb Ramp Standards The standard plans to be used for design and construction must be selected. Agencies typically use Caltrans, APWA or their own Standard Plans as a basis for design and construction. Due to the use of CDBG funds certain Federal requirements must be considered such as the use of "truncated domes, aka WDS". The use of standard plans such as APWA enhances the design since standards have been developed for various cases of existing conditions. The standards to be used will be discussed with _ Consulting Services Proposal ' 2008-2009 CDBG Curb Ramp Installation Project Page 6 of 22 j I. ► SECTION 2: PROJECT UNDERSTANDING AND APPROACH City staff prior to the start of design. Based on the existing conditions on private property it appears the use of retaining curbs of various heights will be a prominent design feature. 2. Curb Replacement Two primary conditions of existing curb exist throughout the project. Curb with a standard gutter and curb associated with a spandrel. In cases where there are no existing ramps agencies typically remove and replace (R&R) the existing curb and gutter or use a horizontal saw cut and grinding method to remove the curb barrier. R&R of the curb and gutter is more costly and often requires the removal of adjacent AC as well. Saw cutting and grinding is less expensive but leaves a condition that is not acceptable to some agencies. Where spandrels exist the removal option may also require the complete removal of the spandrel as well. These issues will be discussed with City staff and direction obtained prior to the start of design. 3. CDBG Funding The use of CDBG funding requires additional project processes and specification requirements. Norris-Repke has considerable experience in developing PS&E and construction administration for CDBG funded projects. We have recently completed a CDBG projects in the City of Diamond Bar and San Gabriel and worked with the LA Community Development Commission (Tom Crabson and Greg Jordan) in the development and construction of the projects. 4. Existing Conditions The existing conditions associated with each ramp will need to be determined and evaluated prior to the proper design being prepared. The best way to minimize potential construction problems and costly change orders is to prepare a field topographic survey of each site. This will provide the key information required such as sidewalk grades adjacent to the ramp location, existing conditions on the private property adjacent to the proposed ramp, existing parkway conditions, gutter and spandrel drainage conditions, parkway slope and obstructions. In addition a photo log of each location is important for use during design and as a record of the "before condition". 5. Construction Considerations During construction major considerations will include adequate signing for pedestrian routing around each site, control of drainage (if doing removals), protection of private property improvements and replacement of parkway improvements (irrigation etc.). During construction, the Observer and Contractor must work in unison to achieve the goals of the City approved construction documents, as well as work closely to meet the needs, concerns and inquiries of the public and local community. Norris-Repke believes strongly in a proactive approach to community outreach. Early and continuous communication regarding construction schedules and activities will minimize public and community concerns and complaints. In addition to community outreach efforts, active communication involving all construction team players including the City, Contractor, Construction Administrator, utility providers and involved agencies will aid in minimizing misunderstanding, and/or conflicts. ' 6. Construction Schedule Consulting Services Proposal '' 2008-2009 CDBG Curb Ramp Installation Project Page 7 of 22 SECTION 2: PROJECT UNDERSTANDING AND APPROACH Due to the project locations being in the area of schools it would be advisable for the construction to be coordinated with a time when school use is it at a minimum. This will minimize user inconvenience, potential liability and potential for vandalism. i Based on our site visit, knowledge of the project, discussions with City staff and our prior experience, the following will present additional key elements and major considerations that will make this a successful construction project: I I • Streamline the project in an effective and efficient manner. • Acknowledge that the project will cause disruptions to the residential communities and pedestrian traffic i and make every effort to minimize this impact. From our experience, extensive communication with the I affected property owners is helpful in minimizing problems. • School schedules in the affected areas. i • Handling of all public inquiries and concerns in an informative, courteous and respectful manner. It is I important that the public feel these are being taken seriously and are responded to quickly and completely. • Promote and monitor good communication with the Contractor. Rapid decision making in responding to the Contractor's questions, clarifications and requests for direction. This will keep the project moving and minimize change orders. Prepare detailed photo history of roadway conditions before, during and after construction. • Early and thorough utility coordination. Establish working relationship with utility companies. • An experienced construction administration and inspection team that can work effectively with the Contractor, public, designers and City staff; are firm when required, but flexible when the situation warrants; have good record keeping habits and understand what information is important to record and why; are willing to offer suggestions when warranted; are experienced in the municipal public works areas of construction relative to the project and the inspection requirements of the construction; are familiar with the Public Works Inspectors Manual; and knows their limits and when to call for required testing, specialty inspections or additional assistance. Norris-Repke has developed its project team with the above successful project criteria as a guide. We propose to hold our own in-house meetings with the team prior to the project start to orient ourselves, discuss key elements of the project and major project concerns, and brainstorm ideas on delivering a successful project to the City. 7. We Are Ready to Take Off.....! We have visited the project site area as a preliminary attempt to investigate the project at the proposal level. 20 intersections and 47 ramps within the project area have been inspected, archived, photographed, and checked against ADA standards. Following are the thumbnail photos of the inspected ramps. Copies of our preliminary field notes are also included in the Appendix. The grades were measured using Smart Level and have been delineated on the field notes. We are prepared to provide the resources and quality services you are seeking for this important project. The Norris-Repke Team has the ability to serve and the commitment to deliver. We have the right team, resources available and the winning approach to meet the demands of this important project and the impact it has on the City and Community. ®_ Consulting Services Proposal 'N'N,04' 2008-2009 CDBG Curb Ramp Installation Project Page 8 of 22 SECTION 3: SCOPE OF SERVICES I I. Orientation and Data Collection 1. Review project scope and meet with City to determine requirements and procedures for design, review, coordination and meetings. 2. Research all information, plans, aerials, utility information, etc. 3. Prepare preliminary utility notifications and requests for utility records for the existing utilities within the project limits. Prepare utility coordination log. 4. Perform a preliminary field investigation and determine preliminary ramp configurations and direction for survey information to be obtained. 5. Meet with City staff to discuss and agree on rehabilitation strategy for each street. 11. Preliminary Design 1. Field Survey. Perform a field survey of each location to obtain existing condition information including topographic features, grades of sidewalk approaches, elevations of area behind sidewalk and of parkway, top of curbs and flow lines. Assumed benchmark would be used at each location. 2. Base Maps. Prepare 81/2" X 11" or 11" x 17" base plans of each location for use in preparing the final plans. 3. Preliminary Design. Develop preliminary ramp design for each location. Design will include Standard Plan to be used as a basis and any special considerations required for the site. 4. City Meeting. Meet with City staff to discuss the preliminary designs and receive input and direction that may be needed. III. Final Design and Construction Documents 1. Construction Plans. Prepare 81/2" X 11" or 11" X 17" final construction plans for each site. Plans would include necessary construction notes to clearly describe the construction elements. 2. Specifications. Prepare complete project specifications in Microsoft Word using City standard format and boilerplate including general conditions, special provisions and bid proposal. Specifications would include all required CDBG documents and requirements. 3. Cost Estimate. An itemized construction bid proposal and cost estimate in Microsoft Excel would be prepared. The estimate would include required bid items for control of construction, quantities, unit costs and total cost. 4. Utility Coordination. Norris-Repke has developed a detailed utility coordination and notification procedure for use on public works projects. The procedure starts with the utility research included in Phase I. Final plans would be sent to all utilities with facilities in the area requesting verification of location, identification of any potential conflicts and a request to relocate. Standard letter and return questionnaire are used. Results will be included on the utility log. Upon City approval of plans submit final approved plans to utilities with construction date estimate. Provide utility log and copy of all correspondence to City. 5. City Review. Submit copies of the PS&E to City staff for review. Address comments and meet with City staff to discuss if necessary. Revise in a timely manner and resubmit as necessary. Upon City approval submit original PS&E and electronic files on CD. _-11 Consulting Services Proposal Page 10 of 22 2008-2009 CDBG Curb Ramp Installation Project SECTION 3: SCOPE OF SERVICES INORFUMM IV. Construction Administration/Inspection I Norris-Repke separates its Construction Observation Services into the following three phases unless otherwise I advised by the City: Pre-Construction, Construction and Post-Construction: I A. PRE-CONSTRUCTION I 1. Be available to answer questions during bidding period. I 2. Review by Project Manager and Observer of construction related documents, including Construction Plans, Specifications, Applicable Standard Plans, Construction Schedule, and Utility Notifications and Conflicts. 1 3. Perform Site Evaluation of areas with Project Team. 4. Attend pre -construction conference with City staff and Contractor, including notification to Contractor, 1 utility agencies, street sweeping, trash collection. Prepare meeting agenda and minutes. 1 5. Set up project files and formulate team approach for project with City Staff. B. CONSTRUCTION 1 1. Perform necessary construction surveying and staking limited to the number of hours included in the P proposed fee. 2. Provide a combination of full time and part time Construction Observation as directed by the City and 1 limited to the number of hours included in the proposed fee. 3. Attend Construction job -site meetings with City staff, Engineer and Contractor. (As Required) 4. Utility Company Coordination. 5. Maintain Daily Observation Report, including work performed, contractor work force, equipment and visitors to the site. The report shall also outline discussions with the public, Contractor, City staff, and details of instructions or agreements with the Contractor. Submit daily reports to City Director of Public Works. Submit entire log to City at project completion. 6. Verify and sign contractor's daily extra work reports documenting force account (time and materials) work. 7. Prepare weekly statement of working days documenting the construction progress, time of completion, / delays and time extensions. 8. Evaluate Construction operation with respect to quality, progress and schedule. 9. Review Project Site traffic control. 10. Coordinate Contractor's field activities to minimize inconvenience to the adjacent businesses and residences. 1 11. Review and recommend Contractor's mix design 12. Coordinate activities of Testing Lab. Attach copies of the test or work results to daily report. 13. Coordinate and inspect on-site and laboratory testing of material and attach copies of the test results to daily report. 14. Evaluate construction safety, public safety and convenience, and report to City. 15. Interface with the public and address public complaints and or concerns. 16. Maintain project records and information for "as -built" plan markups. 17. Review contractor payment requests to verify field quantities and provide City with recommendations. 18. Review contractor's Certified payroll for conformance of prevailing wages. ® 19. Review Contractor's change order request, notify and provide assistance to the City in the preparation and negotiation of all change orders. ® 20. Review approved revisions made to the plans and specifications and follow-up on Contractor action. 21. Maintain daily information for as -built plan markups. 22. Conduct pre -final inspection and prepare written Punch List documenting incomplete or corrective work. ® C. POST -CONSTRUCTION 1. Perform final observation and prepare punch list (Final Inspection Correction List). ® 2. Monitor completion of punch list and report to City. 3. Review final quantities and prepare "as -built" plans. 4. Recommend project for final acceptance. 5. Submit project construction records and "as -built" plans to City. ® _ Consulting Services Proposal Page 11 of 22 2008-2009 CDBG Curb Ramp Installation Project SECTION 3: SCOPE OF SERVICES All work will be in compliance with approved plans, specifications, Caltrans, State and City regulations, Greenbook, WATCH Manual, local ordinances and standards. At the close of the project, the Observer will provide the City Engineer with a written recommendation for acceptance of the work and the project files. SERVICES PROVIDED BY THE CITY The City will provide the following services: 1. Provide engineering and reproduction services for bidding and construction observation requirements. 2. Provide processing, approval, or permits as may be required by other governing or utility agencies. 3. Any available existing street and utility plans. PRO -ACTIVE RESIDENT INFORMATION PROGRAM AND PUBLIC RELATIONS The development of an effective public information program for this project will assist in reducing inquiries and complaints during the construction phase. The public relations lessons we have learned from previous similar projects will allow us to provide a Pro -Active Resident Communication Program. This -program is the result of informal public surveys conducted after completion of similar projects throughout the greater Los Angeles area to discuss construction with local residents. There are many ways to phase and schedule the construction work on a particular project. The information secured from residents provided us with a better understanding of issues most affected by the construction process. Specific activities that may be incorporated into this project include: • Project Hotline • Schedule and updates on the City's website 1 • Project auto response E-mail • Require and enforce the contractor to submit weekly activity schedule and communicate this schedule to the City, residents and other affected parties. Informational bulletins will be prepared and provided for distribution to the adjacent property owners. Communication between Norris-Repke, City staff, and the adjacent property owners will be at the highest level throughout the project process. The Pro -Active Resident Communication Program will go a long way to meeting many of these needs. In addition to these efforts, the following will be performed to ensure that a high level of communication with the design team and City staff is maintained: • Written weekly status reports including the schedule for following week • Norris-Repke team meetings • Meetings with City staff at appropriate intervals We have considerable experience in the development and implementation of effective public information programs. This will be a valuable asset to the project success. Consulting Services Proposal 2008-2009 CDBG Curb Ramp Installation Project Page 12 of 22 SECTION 4: PROJECT TEAM TEAM ORGANIZATION Coy J. Glasscock ' Survey Manager Mike LaFontaine ' Party Chief Chris Wolfe I Instrument Operator I Michelle Fielding ' Survey Technician Kamran Saber, PE Project MgMPrincipal in Charge Buddy Hines I Engineering Design Mgr. Vince Cruz, EIT ' Engineer If Ding Martinez ' Lead Project Designer Gill Bermejo I Technician /I Alvin Abad ' Technician I Warren Repke, PE I Principal Advisor Kamran Saber, PE I Construction Manager Charlie Clarke ' Senior PW Observer Craig Stubbe ' Senior PW Observer Jas Pal ' PW Observer 14*1 Consulting Services Proposal Page 14 of 22 2008-2009 CDBG Curb Ramp Installation Project AMENDMENT NO. 6 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 6 is made and entered into this 4th day of November 2008, between the the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and Advantec Consulting Engineers, Inc. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (1) The CITY has heretofore entered into an Agreement, with CONSULTANT to provide On -Call Traffic Engineering Services, which the Agreement was dated October 23, 2006. (ii.) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide construction management support services for various traffic signal improvements. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated October 28, 2008, for construction management support services for various traffic signal improvements. follows: Section 2: Section 3 of the Agreement is hereby amended to read as 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 "A". Payment will be made only after submission of proper invoices in the form specified by City. Section 3: Each party to this Amendment No. 6 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 6 shall be valid and binding. Any modification of this Amendment No. 6 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 6 as of the day and year first set forth above: APPROVED AS TO FORM: 0 City Attorney ATTEST: CITY OF DIAMOND BAR Tommye Cribbins, City Clerk DATE: CONSULTANT: Bernard K. Li, PE Bernard K. Li, P.E. Jack Tanaka, Mayor EXHIBIT A October 28, 2008 Mr. Rick Yee City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 SUBJECT: Proposal for Citywide Traffic Signal Timing Monitoring Service for FY 2008 - 2009 Dear Rick: ADVANTEC Consulting Engineers, Inc. (ADVANTEC) is pleased to submit this proposal to provide traffic engineering services for the above referenced project in the City of Diamond Bar. SCOPE OF WORK: A. STANDARD SERVICE The scope of work for this project includes monitoring and fine-tuning of signal timing for all existing signalized intersections within the City. Tasks include: • Check existing signal timing and/or coordination parameters upon request • Minor adjustments of timing parameters, e.g. offsets, splits, to improve traffic progression • Response to questions via email or telephone regarding existing timing issues • Coordinate with Caltrans or Los Angeles County to request timing check or adjustments for their respective signals • Check and adjust controller internal time clocks. ADVANTEC will document and keep records of all the intersections that we visited during the monitoring period, which include: date/time of visit, descriptions of issues or reasons for visit, and changes in any timing parameters. Also, a latest copy of the signal timing sheets will be kept in the controller cabinets at all times. All the monitoring records and timing sheets will be made available to the City upon request. B. EXTRAORDINARY SERVICES The following arc the most frequent situations that are considered as extraordinary work. If any of the following situations arises, work will be performed by ADVANTEC on a time -and -material basis: • Preparation of signal timing plans for any new or modified traffic signals within the City. • Timing implementation for new or modified signals. • For each newly installed signal, we will monitor or fine-tune the timings only after six months from its turn -on, unless the original signal timing plans were prepared by ADVANTEC. • Re-entering of timing or coordination parameters due to controller or hardware failure. • Timing change due to other roadway construction projects that might affect traffic patterns within the City. 21700 Copley Drive ♦ Suite 350 • Diamond Bar *CA 91765 Tel: (909) 860-6222 • Fax: (909) 860-6722 ♦ www.advantec-usa.com Proposal for Citywide Traffic Signal Timing Monitoring Service for FY 2008 - 2009 Mr. Rick Yee October 28, 2008 Page 2 of 2 PROPOSED FEE: Our not -to -exceed fees for the above service are as follows: Labor Costs: Personnel Project Manager Engineer Technician TOTAL, NOT -TO -EXCEED FEE: Hours Rates Costs 155 $ 160 $24,800 120 $ 110 $13,200 200 $ 60 $12,000 Invoices will be submitted monthly, which will include a fixed $1,200 for the standard service, along with tirne-and-material cost for any extraordinary services performed each month. We thank you for this opportunity to submit this proposal. If you have any questions or need clarifications, please do not hesitate to contact me. This proposal is valid for 90 days. Sincerely, ADVANTEC Consulting Engineers, Inc X4,1,t Bernard K. Li, P.E., P.T.O.E. Vice President 21700 Copley Drive • Suite 350 • Diamond Bar *CA 91765 Tel: (909) 860-6222 0 Fax: (909) 860-6722 • www.advantee-usa.com Agenda # 6. 9 Meeting Date: November 4, 2008 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Membe s f the City Council VIA: James DeStefano, City Ma a TITLE: APPROVE A CONTRACT AME DMENT WITH ADVANTEC CONSULTING ENGINEERS FOR THE ON-GOING CITYWIDE TRAFFIC SIGNAL TIMING PROGRAM IN THE AMOUNT OF $50,000, FOR A TOTAL AUTHORIZATION AMOUNT OF $50,000. RECOMMENDATION: Approve contract amendment. FINANCIAL IMPACT: The Fiscal Year 2008-2009 Public Works Budget includes an appropriation of $50,000 for Citywide Traffic Signal Timing Services which is funded entirely by Prop C Local Return Funds. BACKGROUND/DISCUSSION: With the assistance of Advantec Consulting Engineers, the City's traffic signal synchronization effort was successfully implemented in 2004 along Grand Avenue, Golden Springs Drive, and Diamond Bar Boulevard. In order to maintain the synchronization of the traffic signals, the traffic signal controllers must be monitored and their internal time clocks adjusted on a monthly basis. Drifting of the internal time clocks necessitates the monitoring and adjustment on a regular basis. Advantec has been providing traffic signal timing services to the City since 2002. Because of the firm's history with providing these services and their familiarity with the operations of Diamond Bar traffic signals, it will be beneficial to continue using Advantec to monitor and adjust traffic signal timing. PREPARED BY: Rick Yee, Senior Civil Engineer REVIEWEY: David G. Liu, Director of Public Works Attachment: Amendment to the Consulting Services Agreement Date Prepared: October 28, 2008 CITY COUNCIL Agenda 4 _7 1__ - Meeting Date: November 4, 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council , I -"'? VIA: James DeStefano, City Manager TITLE: A RESOLUTION OF THE CITY C UNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, VACATING A PORTION OF VIA SORELLA STREET IN THE CITY OF DIAMOND BAR, CALIFORNIA RECOMMENDATION: Staff recommends that the City Council continue the public hearing for Resolution vacating a portion of Via Sorella Street to November 18, 2008, to allow utility companies to clarify their easement requests for their facilities within portion of Via Sorella Street proposed to be vacated. PREPARED BY: Erwin Ching, Assistant Engineer REVIEW Y: David G. Liu, Director of Public Works Date Prepared: October 30, 2008 CITY COUNCIL Agenda # 7.2 Meeting Date: _November 4. 2008 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City M4, r, J_ TITLE: Development Code Amendment N .2008-01. Amendment to Table 2-6 of Section 22.10.030 of the Municipal Code to allow limited educational uses in the Regional Commercial (C-3) zone. RECOMMENDATION: Approve for First Reading by Title only, Waive full reading of Ordinance No. 0X(2008) and schedule Second Reading for November 18, 2008 FINANCIAL SUMMARY: The costs associated with the review of this application have been borne by the applicant BACKGROUND: This proposed amendment to the Diamond Bar Development Code was initiated by the owners of the new two-story office/retail building at Golden Springs and Banning Way to allow limited educational uses in the C-3, Regional Commercial, zoning district. Presently, educational uses such as tutoring, art schools, music instruction, martial arts studios, etc., are prohibited in the C-3 zone. The proposed amendment would allow for such businesses as primary uses on the upper floors of buildings on C-3 zoned properties, and as ancillary uses to permitted businesses on the first stories of these buildings. The proposed amendment further requires such uses be subject to approval of a Conditional Use Permit to ensure that parking and compatibility issues are fully addressed. On October 14, 2008 the Planning Commission held a public hearing on the proposed Development Code Amendment and recommended with a 3-0 vote that the City Council adopt the attached Ordinance approving DCA 2008-01. The staff report and meeting minutes are attached. ENVIRONMENTAL REVIEW: The City has determined that this project is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15061(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment), therefore, no further environmental review is required. NOTICE OF PUBLIC HEARING: Notice for this hearing was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune on October 24, 2008, in a 1/8 page display. 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 1/8 page in one newspaper of general circulation. PREPARED BY: Katherine Laufenburger Senior Planner REVIEWED BY: David Doyle, Asst. City Manager Greg Gubman, AICP Acting Director of Community Attachments: 1. Ordinance No. XX (2008) 2. Planning Commission Report and Resolution from October 14, 2008 3. Planning Commission draft meeting minutes from October 14, 2008 GAStaff Reports-CCIDCA 2008-01 CC report 11-4-08.doc CITY COUNCIL ORDINANCE NO. 2008 -XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING DEVELOPMENT CODE AMENDMENT NO. 2008-01 AMENDING TABLE 2-6 OF SECTION 22.10.030 OF THE DIAMOND BAR MUNICPAL CODE. A. RECITALS On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 2. On November 3, 1998, the City of Diamond Bar adopted a Development Code. Title 22 of the Diamond Bar Municipal Code which contains the Development Code is now currently applicable to development applications within the City of Diamond Bar. 3. Administering the Development Code for over 10 years demonstrated that certain clarifications and modifications are warranted based on the City's experience. 4. The City of Diamond has reviewed a request by Eden Dongsan Investments to amend Title 22 of the Diamond Bar Municipal Code ("Development Code") to permit limited educational uses in the C-3 zone. Making provisions for limited educational uses furthers the intent of the C-3 zone. 5. On October 14, 2008 the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the application and concluded the public hearing. At that time, the Planning Commission adopted Resolution No. 2008-30 recommending that the City Council approved Development Code Amendment 2008-01. 6. On October 24, 2008, notice for this application was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to California Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one- eighth page in at least one newspaper of general circulation. On October 24, 2008, the City placed a one-eighth page display advertisement in the above mentioned newspapers of general circulation. All persons wishing to testify at the public hearing in connection with said amendment were heard, and said amendment was studied; and 7. On November 4, 2008, the City Council of the City of Diamond Bar conducted a duly noticed public hearing with regard to the Development Code Amendment. At that time, the City Council concluded the public hearing. 8. Following due consideration of the public testimony, staff analysis and the Planning Commission's recommendation, the City Council finds that the Development Code amendment set forth herein is consistent with the General Plan. 9. The City Council hereby finds that this project is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15061(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment), therefore, no further environmental review is required. 10. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth above; there is no evidence before this City Council that the Development Code Amendment proposed herein will have the potential of an adverse effect on the wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5 (d) of Title 14 of the California Code of Regulations. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: Section 22.080.030 TABLE 2-6 Commercial/Industrial zoning district land uses and permit requirements. Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended to read as follows: TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Section 22.10.030 Table 2-6., footnotes ertainin to permit requirements. Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended 2 GAResolutions & Ord-CC\DCA 2008-01 CC Ord 11-4-08.doc Permit Requirement by District See Standards ERECREATION, LAND USE 7 C-7 C-2 C-3 / in Section: EDUCATION & PUBLIC ASSEMBLY USES coos -Specialized education and training non- CUP CUP See CUP degree i5) Section 22.10.030 Table 2-6., footnotes ertainin to permit requirements. Article II, Title 22 of the City of Diamond Bar Municipal Code is hereby amended 2 GAResolutions & Ord-CC\DCA 2008-01 CC Ord 11-4-08.doc by adding the following note regarding limited educational uses: (5) Educational classes/training programs as the primary use shall be limited to the second floor and above with approval of a CUP. Ancillary classes in conjunction with a permitted use shall require a CUP and be limited to 15% of a separately demised space occupied by a single tenant or 750 square feet, whichever is less. PASSED, APPROVED AND ADOPTED THIS 4TH DAY OF NOVEMBER 2008, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. r37 Jack Tanaka, Mayor I, Tommye Cribbins, 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 , 2008 and was finally passed at a regular meeting of the City Council held on the day of 2008, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: Tommye Cribbins, City Clerk, City of Diamond Bar GAResolutions & Ord-CC\DCA 2008-01 CC Ord 11-4-08.doc 4 ",-, '0 "'�- ;�' PLANNING COMMISSION AGENDA REPORT 21825 COPLEY DRIVE—DIAMOND BAR, CA 91765—TEL (909) 839 -7030 --FAX (909) 861-31 17—www.Cityofdiamondbar.com AGENDA ITEM NUMBER: 7.1 MEETING DATE: October 14, 2008 CASE/FILE NUMBER: Development Code Amendment 2008-01 PROJECT LOCATION: 20657 Golden Springs Diamond Bar, CA 91765 APPLICATION REQUEST: Code amendment to allow educational uses in the C-2 commercial zone. PROPERTY OWNERS: Eden Dongsan Investments Inc. 3751 N. Hermosa PI. Fullerton, CA 92835 APPLICANTS: Eugene Kim Eden Dongsan Investments Inc. 3751 N. Hermosa PI. Fullerton, CA 92835 STAFF= RECOMMENDATION: Adopt the attached resolution recommending the City Council adopt Development Code Amend ment2008-01. BACKGROUND: This proposed amendment to the Diamond Bar Development Code was initiated by the owners of the new two-story office/retail building at Golden Springs and Banning Way to allow limited educational uses in the C-3, Regional Commercial, zoning district. Presently, educational uses such as tutoring, art schools, music instruction, martial arts studios, etc., are prohibited in the C-3 zone. The proposed amendment would allow for such businesses as primary uses on the upper floors of buildings on C-3 zoned properties, and as ancillary uses to permitted businesses on the first stories of these buildings. The proposed amendment further requires such uses be subject to approval of a Conditional Use Permit to ensure that parking and compatibility issues are fully addressed. ANALYSIS: A. Review Authority (Chapter 22.70) According to Development Code Section 22.70 public hearings are required before the Planning Commission and City Council for proposed development code amendments. The Planning Commission is required to make a recommendation to the City Council on whether to approve, approve in modified form, or disapprove the proposed amendment. Development Code Amendments are legislative actions subject to approval by the City Council through the adoption of ordinances. B. Proposed Code Amendment The C-3 (regional commercial) zoning designation is applied to areas appropriate for large-scale commercial uses serving residents and businesses within the region. The C-3 designation is intended to provide a broader range of goods and services than the C-1 and C-2 zones, which are primarily intended to serve the needs of Diamond Bar residents. Higher traffic volumes are usually associated with C-3 zoned properties, which provide the opportunity for these sites to attract sales tax revenue -generating uses. Educational uses are not permitted in the C-3 zoning district because they are not generally considered regional uses. 'The proposed Code Amendment would allow for the consideration of educational uses in the C-3 zone under the following circumstances: • Educational classes/training programs as the primary use (e.g. vocational school, computer training classes, etc.) shall be limited to the second floor and above. • Ancillary classes in conjunction with a permitted use on the first floor (e.g., music instruction at a musical instrument retail store) shall be limited to 15% of the gross leasable area occupied by a singe tenant, or 750 square feet, whichever is less. The proposed code amendment requires the establishment of educational uses in the C-3 zoning district to be subject to approval of a Conditional Use Permit (CUP). Page 2 DCA 2008-01 CUPs are already required for educational uses in the C-1, C-2 and I zones to enable the City to apply additional regulations to these uses in order to ensure that parking and compatibility issues area property addressed. Table 2-6 from Title 22 of the Diamond Bar Municipal Code has been amended to reflect the change in permitted uses, and is attached for reference. C. Citywide Effect of Proposed Amendment A total of 20 properties in the City are currently zoned C-3, and will be subject to the proposed Development Code Amendment. The code amendment will positively impact current properties by providing the opportunity for multiple story buildings to expand the types of uses that can locate on the second floor and above. Upper floor retail spaces are commonly used as offices and other uses that draw a limited regional customer base. Permitting educational uses will allow property owners to expand their leasing options on upper floors, while maintaining the retail emphasis at the first floor, and thus preserving the intent of the C-3 zone. Allowing limited educational uses in the first floor, when appropriate, could enhance the retail components of these businesses. The properties in the City that are zoned C-3 are listed below: APN# Address/Location Business Single Story Buildings 8281-024-052 150 S. Diamond Bar Blvd. Chevron Gas Station 8281-010-049 206 S. Diamond Bar Blvd. Shell Gas Station 8281-010-050 218 S. Diamond Bar Blvd. Von's Center 8281-010-051 240 S. Diamond Bar Blvd 8281-010-054 300 S. Diamond Bar Blvd. Mobil Gas Station 8281-010-057 8281-010-058 324 S. Diamond Bar Blvd. Save On Center 8763-007-003 20655 Golden Springs Drive Strip Mall 8763-007-027 21095 Golden Springs Drive Chevron/McDonalds 8673-007-028 8763-007-010 20955 Golden Springs Drive Coco's Restaurant 8673-007-011 8673-007-012 20965 Golden Springs Drive Jack in the Box 8763-007-013 8763-007-008 20885 Golden Springs Drive Office Building 8763-007-025 20801 Golden Springs Drive LA Fitness Two-Sto Buildin s 8763-007-022 20657 Golden Springs Drive Golden Plaza 8763-007-001 8763-007-004 20709 Golden Springs Drive Office Building 8763-007-026 20855 Golden Springs Drive Office Building Page 3 DCA 2008-01 NOTICE OF PUBLIC HEARING: Public hearing notice was published in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers. ENVIRONMENTAL ASSESSMENT: The City has determined that this project is exempt from the provisions of the California Environmental Quality Act (CEQA), as prescribed under Section 15061(b)(3) of the CEQA Guidelines (no potential for causing a significant effect on the environment), therefore, no further environmental review is required. RECOMMENDATION: Staff recommends that the Planning Commission adopt a Resolution recommending approval of Development Code Amendment No. 2008-01 to the City Council. Prepared by: d1k KatherineLaufenbu er Senior Planner Attachments: Reviewed by Greg Gubman, AICP Acting Community Development Director 1. Draft Resolution of Approval 2. Exhibit "A" — Amended Code Section 22.10.030 Table 2-6 Page 4 DCA 2008-01 PLANNING COMMISSION RESOLUTION NO. 2008-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED ABLE 2 6 OFOPMENT SECTION 22.10.030. A. NO. 2008-01 AMENDING A. RECITALS 1. On October 3, 2008, notice for this application was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation. On October 3, 2008, the City placed a one-eighth page display advertisement in the above mentioned newspapers of in general circulation. o Aamendment were heard,persons wishing to t'fy and tthe said amendmearing ent was connection with said studied; and 2. October 14, 200 Commission duly eced public hent hearing on the proposed amendment to theDiamond Bar Development Code; and 3. The Director of Community Development has determined that the proposed code amendment does not have the potential for causing a significant effect on the environment as outlined in Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Application identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3) of the California Code Of Regulations and guidelines promulgated there under, is exempt and further environmental review is not required. nd ns nning 3. Based on the findings a commendslo that the above, the forth city Council adopt Commission hereby re Development Code Amendment No. 2008-01. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTEDTHIS 14th DAY OF OCTOBER 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BY: _ Steve Nelson, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and ng of theed by the Plann'ng Commission on held on the Commission of the City of Diamond Bar, at a regulthe following vote: 14th day of October, 2008, by g AYES: Commissioners: NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners: ATTEST: Greg Gubman, Secretary VC/Torng, Lee, Chair/Nelson None Nolan, Shah None 2 Planning Commission Resolution No. 2008-01 § 22.10.030 DIAMOND BAR, CODE Permit Requirement by District LAND USE (1) Radio and television antennas and wireless ele:communications antenna facilities (3) Utility lines KEY TO PERMIT REQUIREMENTS OP OT3CO P Symbol Permit Requirement Permitted use, zoning clearance P required (2) onditional use, minor condi- MUP ional use permit required (2) Conditional use, conditional use CUP ermit required Use not Allowed (see section 2.04.020(h) regarding uses not listed) !e Standards Section: ..42.130 Procedure is in Chapter 22.46 22.56 22.58 Notes: (1) See article W for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for all uses. (3) Radio and television antennas and wireless telecommunications antenna facilities shall be permitted pursuant to the standards contained within. Ordinance No. 04(1999). (4) Use allowed only when accessory to an office use. (5) Shall be a minimum of 150 feet from any school. TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMM ERCIALIINDUSTRIAL ZONING DISTRICTS Permit Requirement by District See Standards LAND USE (1) C-1 C-2 C-3 ! h Section: MANUFACTURING & PROCESSING Chemical product manufacturing CUP P Electronics, appliance, and equipment manufacturing Fabric product manufacturing P Food and beverage manufacturing P Supp. No. 14, Rev CD22:1 DEVELOPMENT CODE Permit LAND USE (1) C-1 C-2 rniture and fixtures manufacturing, binet shops ass product manufacturing andcraft industries sundry and dry cleaning plants ember and wood product anufacturing etal products fabrication, achine/welding shops aper product manufacturing lastics and rubber product ranufacturing Tinting and publishing recycling -Reverse vending machines P tecycling-Small collection facility P Zesearch and development (R&D) Small scale manufacturing Warehousing, wholesaling, and distribution RECREATION, EDUCATION & PUBLIC ASSEMBLY USES Adult oriented businesses Clubs, lodges, and private meeting CUP halls Community/cultural centers Co rriputer services/network gaming CUP centers ulturat facilities, libraries and P P useums CUP Health f' Hess facilities s Indoor amusement/entertainment CUP facilities Outdoor recreation Religious places of worship UP CUP Schiools-Private CUP CUP Schools -Public P P drools Specialised edreation Arid , CUPU P C. Supp. No. 14, Rev CD22:2 § M10.030 f by District C-3 P P CUP CUP CUP P CUP CUP CUP See ,e Standards Section: L P P P P P P P P P P X2.42.020 CUP 35 § 22.10.030 DIAMOND BAR, CODE Gomvenience swiGs Drive-in and drive-through sales CUP CUP CUP Fueling stations, gasoline, diesel, and P P P P lectric only Furniture, furnishings, and appliance P P tores eneral retail stores P P P rocery stores P P Mobile home and recreational vehicle P ales utdoor retail sales and activities P P 2.42.080 Petshops P P P Plant nurseries and garden supply P P tores Restaurants P P P Restaurants with outdoor dining MUP MUP MUP CUP 2.16.070, Retail sales 2.42.080 econd hand stores P P eirvice stations P P P hopping center CUP CUP arehouse retail stores CUP E.RVICE USES mbulance services P P P Supp. No. 14, Rev CD22:3 § 22-10.030 DIAMOND BAR, CODE Permit Requirement by District LAND USE (1) C-1 C-2 C-3 omated teller machines (ATMs) P P P iks and financial services P P P i and breakfast inns P P CUP CUP >iness support services P P P P P Jehicle services-Maintenance/minor P CUP CUP r wash ild day care centers CUP CUP CUP ve in and drive-through services CUP CUP CUP uipment rental (construction CUP CUP CUP uipment, etc.) hels and motels P P P ;dical services -Clinics and labs P P P :dical services -Hospitals CUP CUP CUP fices -Accessory to primary uses P P P 'fices-Business and professional P P P ;rsonal services P P P ;rsonal services -Acupressure, CUP CUP CUP assage therapy, tattoo parlors ehic:le and freight terminals aychic reader P P P P D I P P P !e Standards Section: .42.040 .42.050 'UDIIC saieiy iaIAunica P P P P 'ublic utility facilities P tepair services Service stations P P P P P P 2.42.090 Storage, outdoor Storage, indoor P P P P Jehicle services-Maintenance/minor P -epairs CUP P Vehicle services -Major repair/body work CUP P Veterinary clinics and animal hospitals TRANSPORTATION & COMMUNICATIONS USES Heliports arking 2.130 Radia and television antennas and irele:ss telecommunication antenna M acilities ransit stations and terminals Utility lines P P ehic:le and freight terminals § 22.10.030 DIAMOND BAR, CODE KEY TO PERMIT REQUIREMENTS Permit Re uirement Procedure is in Chapter S mbol 22.46 P Permitted use, zoning clearanc equired (2) MUP onditional use, minor 22.56 onditional use permit required CUP onditional use, conditional 22.58 se permit required (2) Use not allowed (see section 2.04.020(h) regarding uses not Notes: (1) See article VI for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for ail uses. (3) Shall be a minimum of 150 feet from any school. (4) Radio and television antennas and wireless telecommunications antenna facilities; shall be permitted pursuant to the standards contained within Ordinance No. 04(1999). (Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(1999), § 2, 3-2-99; Ord. No. 02(2000), 4-4-00; Ord. No. 02(2001), § 3, 11-6-01; Ord. No. 06(2002), §§ 1, 2, 5-7-02; Ord. No. 07(2003), 12-2-03; Ord. No. 04(2005), § B, 3-15-05) Sec. 22.10.040. Commercial/industrial district general development standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2- 7, lin addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (Site Planning and General Development Standards). TABLE 2-7 COMM ERCIAUINDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Supp. No. 14 CD22:5 required inimum setbacks required for structures. See section 22.16.090 for etback measurement, allowed projections into setbacks, and Yrantions to setbacks. See chapter 22.30 for required parking Draft 4 µ, Ch (YVIL4L q MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 14, 2008 ...7. PUBLIC HEARING: 7.1 Development Code Amendment No. 2008-01 — Under the authority of Chapters 22.70 of the City of Diamond Bar Development Code, this was a request to amend Table 2-6 of Section 22.10.030 to allow limited educational uses in the C-3 Regional Commercial Zoning District. APPLICANT: Eden Dongsan Investments, Inc. 3751 N. Hermosa Place Fullerton, CA 92835 SP/Laufenburger presented staff's report and recommended Planning Commission approval of Development Review No. 2008-01, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. Chair/Nelson asked for confirmation that this change would affect office buildings more than retail. SP/Laufenburger responded affirmatively in that the proposed amendment only allows ancillary educational uses on the ground floor of buildings in the C-3 zone. A second floor is generally not a good draw for retail uses so the educational use would be a 100 percent allowable use for the second floor and accordingly, the use would be reduced to 15 percent for the first floor. Chair/Nelson said he was trying to understand what effect this change would have on the City's receipt of sales tax income from retail sales. If this change primarily affects the office structures within the C-3 zone why would there be any educational non -retail use be allowed on the first floor? ACDD/Gubman explained that staff's intent is to first be mindful of the intent of the C-3 zone which is to provide space for regional tenants or tenants that will draw regional traffic in order to generate more tax revenue and also find a way to accommodate limited education uses because there are examples such as a music store or an art supply retailer that use tutoring/lessons as a platform to generate sales thus providing some synergy. Chair/Nelson asked if it was possible to restrict the uses in the zoning to something like music lessons as opposed to a tutoring operation. ACDD/Gubman said that he felt by definition it would because an educational use is being required on the first floor to only be ancillary to a permitted use. Chair/Nelson said he meant a retail use, hopefully. ACDD/Gubman responded that it would primarily apply to retail uses, but could also apply to real estate offices, which are permitted in the C-3 zone, which provide include real estate license OCTOBER 14, 2008 PAGE 2 PLANNING COMMISSION instruction. The proposed amendment would exclude a Sylvan Learning Center, for example, or some other exclusively educational use because it is a primary use and by definition would not fit the C-3 zoning. C/Lee said staff's report did not provide information about the building and its proximity to other residences and commercial structures to his satisfaction. He asked if staff had a site plan or specific information about the building. ACDD/Gubman responded that staff was not proposing a zone change for a specific building or consideration of a use for a specific building. This proposal is to change regulations for all C-3 zoned properties. If this ordinance is adopted a potential applicant would be able to apply for a Conditional Use Permit to establish an educational use. Therefore, the Commission would not be obligated to approve an educational use in a location that was unsuitable. This ordinance would not specify that an educational use would be permitted in any particular location. VC/Torng referred to Table 2-6, Page 2 and clarified that the CUP would be shown on Page 2. He believed the fourth column should be Zone "I" for Industry. He said he wanted consistency so that on Page 2 the first table would be 1 and he did not understand "I" was not shown on Pages 3 and 4. There were no ex parte disclosures. Chair/Nelson opened the Public Hearing. With no one present who wished to speak on this item, Chair/Nelson closed the Public Hearing. VC/Torng motioned, C/Lee seconded, to approve Development Code Amendment No. 2008-01. Chair/Nelson said he felt the balance considerations were to provide opportunities for this kind of use and that there was obviously a demand for the uses. He really appreciated ACDD/Gubman's comments about the synergy and ancillary uses. On the other hand, he wants to make sure that individuals are not afraid to invest in Diamond Bar because the City's ordinances and zoning codes are too strict and prevent lease out of the spaces. Motion carried by the following Roll Call vote: OCTOBER 14, 2008 PAGE 3 AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS PLANNING COMMISSION VC/Torng, Lee, Chair/Nelson None Nolan, Shah /.1 -r; ;,, -) j I U.' 0 �,, I I i j L", j i I U. _2 u u -'I;} 'Uwj:., r i t i:E. Ju Hr i o r i iy o f Cri i ij p. i, r 2-! of iiiiiy of �iarrlori'J mar Ou,;E tru ;e' n—,/ in REOidi,miiji ROJE r;*rL\D D RE -E; S F1p10pERT,(0VWVR: APP LIC,4 lupmimt irll, 'di3 a I -J�4:.;j LJ on jjvr7i:jrof lar--aizaj iriAh-- Rural H;37 ala ,' frail Diamond Dar, CA '1-17 Dipi;c arid Hurz;hilu'j�;r' 1i "�'37 L'liai'Frail / Itr Diamond Dar, Q;A 17 20272 ClwiEq Vjjltlu�/C-A 917,39 port and Planning lq�arirrk;i-;ion ippiviii of ,mt No. 0u-: ID,�biz;u;-d oh FiridiwgD of Fif-JE, ifid oridilionz; of zippluval a:; "Jiihirl irh'l Ct i air) NvE,, li;uri ;;ar ii --d io ;u io-;//o ;triuv ,,,)r: ii t !fi=.: e -or ia i r!je;i;uf i if id fr cm I 'ihat in lrhi� Uiy i ou 1d or r Id it -;;a ; nut VE;10 r I amorid Dar i p I a i r i -;- d !fiat dr is' p r Jj 7 41;-A( I i Caf J�orl if id ii J=.,vj' iz; ill lind Ca fl 16 :1 Plati :;O ifilit rhvi� -UUi6 fflJl of ills'firli-�i t - H7i� fidt 3LIffz; fi�Pori informiiion ird di:iai�l, a t 16 J;d ifiji Hrj!j� rjIE�,tf ljjrjj� an addiikm !;r pf!Dj.:.r "Jsiail 'J plarl:; "'Ah Vjh��Ipival 6rj,;jing-z; ind flJi oihi.,r r�hjir)�J!E�Jzjorj q, r of irhE� Platming. i:; io t U rl pur,j;e;j. H,:i. ifhat ;ou;d noi -r OUE Golden Springs C-3 Zone East Side of Diamond Bar Blvd. C-3 Zone Diamond Bar Honda4 "• It WI BurgerIV . 4 <, K4 �$ 'i '° x► vas �a 2008, .,clt* Atlas 34'00'3821"N 117-49'2598"W elev 877 (t PLANNING COMMISSION RESOLUTION NO. 2008-30 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED DEVELOPMENT CODE AMENDMENT NO. 2008-01 AMENDING TABLE 2-6 OF SECTION 22.10.030. A. RECITALS On October 3, 2008, notice for this application was published in the Inland Valley Bulletin and the San Gabriel Valley Tribune. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the number of property owners to whom a public hearing notice would be mailed is greater than 1,000, a local agency may provide notice by placing a display advertisement of at least one-eighth page in at least one newspaper of general circulation. On October 3, 2008, the City placed a one-eighth page display advertisement in the above mentioned newspapers of general circulation. All persons wishing to testify at the public hearing in connection with said amendment were heard, and said amendment was studied; and 2. On October 14, 2008, the Planning Commission held a duly noticed public hearing on the proposed amendment to the Diamond Bar Development Code; and 3. The Director of Community Development has determined that the proposed code amendment does not have the potential for causing a significant effect on the environment as outlined in Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby finds that the Application identified above in this Resolution, pursuant to the provisions of the California Environmental Quality Act (CEQA), Section 15061(b)(3) of the California Code Of Regulations and guidelines promulgated there under, is exempt and further environmental review is not required. 3. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council adopt Development Code Amendment No. 2008-01. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council. APPROVED AND ADOPTED THIS 14th DAY OF OCTOBER 2008, BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. BY: ttxl� Steve Nelson, Chairman I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of October, 2008, by the following vote: AYES: Commissioners: NOES: Commissioners ABSENT: Commissioners: ABSTAIN: Commissioners ATTEST: Greg Gubman, Secretary VC/Torng, Lee, Chair/Nelson None Nolan, Shah None 2 Planning Commission Resolution No. 2008-01 4 § 22.10.030 DIAMOND BAR, CODE KEY TO PERMIT REQUIREMENTS Symbol Permit Requirement by Procedure is in Chapter C-1 District C-3 P required (2) 22.46 Chemical product manufacturing See Standards LAND USE I OP OB 3 CO in Section: Conditional use, conditional use 22'58 permit required 2.42.130 Radio and television antennas and wireless Use not Allowed (see section 2.04.020(h) regarding uses telecommunications antenna facilities (3) Food and beverage manufacturing not listed) Utility lines P P KEY TO PERMIT REQUIREMENTS Symbol Permit Requirement Procedure is in Chapter C-1 Permitted use, zoning clearance C-3 P required (2) 22.46 Chemical product manufacturing Conditional use, minor condi- MUP tional use permit required (2) 22.56 CUP Conditional use, conditional use 22'58 permit required Fabric product manufacturing Use not Allowed (see section 2.04.020(h) regarding uses Food and beverage manufacturing not listed) Notes: (1) See article W for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for all uses. (3) Radio and television antennas and wireless telecommunications antenna facilities shall be permitted pursuant to the standards contained within. Ordinance No. 04(1999). (4) Use allowed only when accessory to an office use. (5) Shall be a minimum of 150 feet from any school. TABLE 2-6 ALLOWED USES AND PERMIT REQUIREMENTS FOR COMMERCIAL/INDUSTRIAL ZONING DISTRICTS Supp. No. 14, Rev CD22:1 Permit Requirement by District LAND USE (1) C-1 C-2 C-3 I See Standards in Section: MANUFACTURING & PROCESSING Chemical product manufacturing CUP Electronics, appliance, and equipment manufacturing P Fabric product manufacturing P Food and beverage manufacturing P Supp. No. 14, Rev CD22:1 DEVELOPMENT CODE �� Supp. No. 14, Rev CD22:2 Permit Requirement by District ee Standards LAND USE (1) C-1 C-2 C-3 / n Section: Furniture and fixtures manufacturing, P abinet shops lass product manufacturing P Handcraft industries P Laundry and dry cleaning plants CUP P Lumber and wood product anufacturing P Metal products fabrication, machine/welding shops aper product manufacturing P P Plastics and rubber product anufacturing Printing and publishing P Recycling -Reverse vending machines P P P Recycling -Small collection facility P P P Research and development (R&D) P Small scale manufacturing P Warehousing, wholesaling, and P distribution RECREATION, EDUCATION & PUBLIC ASSEMBLY USES 20 Adult oriented businesses Clubs, lodges, and private meeting CUP CUP halls Community/cultural centers CUP 72.!42.35 Computer services/network gaming CUP CUP centers P P P ultural facilities, libraries and museums Health fitness facilities CUP C P Indoor amusementlentertainment CUP CUP facilities CUP Outdoor recreation Religious places of worship UP CUP CUP CUP Schools -Private CUP CUP P P Schools -Public CUP CUP. See CUP chools-Specialized education and raining non -degree (5)' Supp. No. 14, Rev CD22:2 22.10.030 DIAMOND BAR, CODE Supp. No. 14, Rev CD22:3 Permit Requirement by District LAND USE 7 See Standards C-9 C-2 C-3 I .n Section: Studios — Photograph, portrait, etc CUP CUP Theaters, auditoriums, meeting halls CUP CUP RETAIL TRADE USES Alcoholic beverage sales, off-site (3) P P P Alcoholic beverage sales, off-site, in conjunction the sale of motor uel (3) CUP CUP CUP Alcoholic beverage sales, on-site MUP MUP MUP Art, antique, collectable and gift sales P P P Auto and vehicle sales/rental CUP Auto parts sales P P Auto sales, indoor only P Bakery, retail P P P Bars and night clubs _CUP CUP CUP Building material stores P Certified farmers markets P onvenience stores P P P P Drive-in and drive-through sales CUP CUP CUP Fueling stations, gasoline, diesel, and 1electric only P P P P 'Furniture, furnishings, and appliance stores P P General retail stores P P P Grocery stores P P Mobile home and recreational vehicle ales P Outdoor retail sales and activities P P 2.42.080 Pet shops P P P Plant nurseries and garden supply stores P P Restaurants P P P Restaurants with outdoor dining MUP MUP MUP Retail sales CUP 2.16.070, 2.42.080 Second hand stores P P Service stations P P P Shopping center CUP CUP Warehouse retail stores CUP SERVICE USES mbulance services P P P Supp. No. 14, Rev CD22:3 § 22.10.030 DIAMOND BAR, CODE Supp. No. 14 CD22:4 Permit Requirement by District See Standards LAND USE (1) C-1 C-2 C-3 1 n Section: utomated teller machines (ATMs) P P P Banks and financial services P P P Bed and breakfast inns CUP CUP Business support services P P P ar wash CUP CUP hild day care centers CUP CUP CUP 2.42,040 Drive in and drive-through services CUP CUP CUP 2.42.050 Equipment rental (construction CUP CUP CUP quipment, etc.) Hotels and motels P P P Medical services -Clinics and labs P P P Medical services -Hospitals CUP CUP CUP ffices-Accessory to primary uses P P P ffices-Business and professional P P P Personal services P P P Personal services -Acupressure, CUP CUP CUP assage therapy, tattoo parlors Psychic reader P P P P Public safety facilities P P P P ublic utility facilities P P P P Repair services P ervice stations P P P P torage, outdoor P P 2.42.090 torage, indoor P P ehicle services-Maintenance/minor P P P epairs CUP P ehicle services -Major repair/body ork CUP P eterinary clinics and animal hospitals RANSPORTATION & COMMUNICATIONS USES CUP Heliports Parking CUP CUP 2.42.130 Radio and television antennas and ireless telecommunication antenna acilities ransit stations and terminals P Utility lines P P P P ehicle and freight terminals CUP CUP Supp. No. 14 CD22:4 § 22.10.030 DIAMOND BAR, CODE KEY TO PERMIT REQUIREMENTS Symbol Permit Requirement Procedure is in Chapter P Permitted use, zoning clearance 22.46 required (2) MUP Conditional use, minor 22.56 conditional use permit required CUP Conditional use, conditional 22.58 use permit required (2) Use not allowed (see section 2.04.020(h) regarding uses not isted) Notes: (1) See article VI for definitions of each of the land uses listed. (2) See chapter 22.48 for development review requirements for all uses. (3) Shall be a minimum of 150 feet from any school. (4) Radio and television antennas and wireless telecommunications antenna facilities; shall be permitted pursuant to the standards contained within Ordinance No. 04(1999). (5) Educational classes/training programs as'the primary use shall be.limited to the second floor and above with approval of'a CUP: Ancillaryclasses in conjunction with a permitted use shall require'a CUP andbe l'i'mited to 15%'of a separately demised space occupied by a single tenant or 750, square feet, whichever is less. (Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 04(1999), § 2, 3-2-99; Ord. No. 02(2000), 4-4-00; Ord. No. 02(2001), § 3, 11-6-01; Ord. No. 06(2002), §§ 1, 2, 5-7-02; Ord. No. 07(2003), 12-2-03; Ord. No. 04(2005), § B, 3-15-05) Sec. 22.10.040. Commercial/industrial district general development standards Subdivisions, new land uses and structures, and alterations to existing land uses and structures, shall be designed, constructed, and/or established in compliance with the requirements in Table 2- 7, in addition to the applicable development standards (e.g., landscaping, parking and loading, etc.) in article III (Site Planning and General Development Standards). TABLE 2-7 COMMERCIAL/INDUSTRIAL DISTRICT GENERAL DEVELOPMENT STANDARDS Development Feature Requirement by Zoning District OP OB (4) CO Minimum lot area 1 6,000 sq.ft. Supp. No. 14 CD22 : 5 Setbacks required Minimum setbacks required for structures. See section 22.16.090 for setback measurement, allowed projections into setbacks, and xceptions to setbacks. See chapter 22.30 for required parking No. 14 CD22:6 -lire s�� . -- - ------- AI Diol io BAR�� �i VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA#/SUBJECT CITY CLERK /4. dfw DATE: *!•'P-dP& AWiJ% /0011r` /ate PHONE: 0b.0• Raw -o%'" �il►oliMW oar VOW ?. 4 *e4eJT&&=0WV APOW - 3'7 I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. �Dw....d 4. Signature This document is a public record subject to disclosure under the Public Records Act. �I Dic�1I01D a l VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CIT CLERK FROM: 1�� DATE: 11Ll 7 ADDRESS: A W PHONE: ORGANIZATION: 1).& AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act. DIAMOND A[I VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY1 CLERK c� FROM: �" �1 ©1 wv o�r�,� DATE: l( ADDRESS: aAa-.1, C�url�1_PHONE: 0i, 5o5 5 �) 3 c)" ORGANIZATION: AGENDA#/S U BJ ECT: ~7. 1 ,� - o' \Ate ,b 'Q -bo cC - 3'7 I expect to address the Council on the subject agendalsubject item. Please have the Council Minutes reflect my name and address as written above. signature This document is a public record subject to disclosure under the Public Records Act. i' �Di�,lI0i1'D Sr1R II) VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: ADDRESS: ?��'zl'�.,e! PHONEg�Z, ORGANIZATION: AGENDA#/SUBJECT: 7,/ I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature This document is a public record subject to disclosure under the Public Records Act.