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HomeMy WebLinkAbout12/5/2006Tuesday, December 5 , 2006 5:30 p.m. — Closed Session CC -8 6:00 p.m. — Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Teleconference Location: 2141 Tierra Loma Dr., Diamond Bar Mayor Carol Herrera Mayor Pro Tem Bob Zirbes Council Member Wen Chang Council Member Jack Tanaka Council Member Steve Tye City Manager James DeSte/ano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7000 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 F ETING IS BEING BROADCAST LIVE BY TIME -WARNER FOR AIRING ON L 3, AS WELL AS BY STREAMING VIDEO OVER THE INTERNET AND BY AINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE SED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3, AND IS ALSO AVAILABLE ON THE CITY WEB SITE AT WWW.CITYOFDIAMONDBAR.COM CITY OF DIAMOND BAR CITY COUNCIL AGENDA December 5, 2006 Next Resolution No. 2006 -77 Next Ordinance No. 09(2006) CLOSED SESSION: 5:30 p.m. Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9(a) — Pending Litigation — (1 Case) People of the State of Calif. v. Ratan Hospitality, LLS (Scribbles) Case No. BC351925 STUDY SESSION: 6:00 p.m., Room CC -8 ► Regional Housing Needs Assessment (RHNA) — Discussion of the SCAG Housing Units Growth Forecast for 2005 and 2014 RHNA Cycle and the Forecast of Housing Units to 2035 Public Comments: CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Ahmad H. Sakr,. Ph.D, Islamic Education Center Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes, Mayor Herrera Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Sacramento Legislative Update by State Senator Bob Margett. 1.2 Water Conservation due to Maintenance of the Weymouth Water Treatment Plant beginning Dec.16 — 20, 2006 by Mike Holmes, General Manager, Walnut Valley Water District. December 5, 2006 PAGE 2 1.3 Presentation of Certificate of Recognition to Dexter MacBride for Service as a Member of the Greater Los Angeles County Vector Control District. BUSINESS OF THE MONTH: 1.4 Presentation of City Tile to Wienerschnitzel, 23300 Sunset Crossing Road, as Business of the Month, December 2006 and display of Business of the Month slide presentation. 2. CITY COUNCIL REORGANIZATION: 2.1 Selection of Mayor 2.2 Selection of Mayor Pro Tem 2.3 Presentation to Outgoing Mayor Carol Herrera Recess/Reception: Reconvene: 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'completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may brief) respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Winter Snow Fest — Saturday, December 9, 2006 — 10:00 a.m. — 4:00 p.m., Pantera Park, 738 Pantera Dr. 5.2 Candy Cane Craft Fair — Saturday, December 9, 2006 - 9:00 a.m. — 2:00 p.m., Diamond Bar Center, 1600 S. Grand Ave. 5.3 Planning Commission Meeting — December 12, 2006 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. December 5, 2006 PAGE 3 5.4 Community Meeting — December 14, 2006 — 6:30 p.m., Pantera Park — 738 Pantera Dr., Batting Cage Simulation. 5.5 Water Conservation - Maintenance of the Weymouth Water Treatment Plant beginning Dec. 16 — 20, 2006. 5.6 City Council Meeting — December 19, 2006 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 6. CONSENT CALENDAR: F3.1 City Council Minutes: (a) Study Session of November 21, 2006- Approve as submitted. (b) Regular Meeting of November 21, 2006 — Approve as submitted. E3.2 Parks and Recreation Commission Minutes — Regular Meeting of September 28, 2006 - Receive and file. 6.3 Traffic and Transportation Commission Minutes — Regular Meeting of October 12, 2006 — Receive and file. 6.4 Ratification of Check Register- Ratify Check Register containing checks dated November 16, 2006 through November 29, 2006 in the amount of $644,759.14. Requested by: Finance Department 6.5 Treasurer's Statement - month of October, 2006. Recommended Action: Review and approve. Requested by: Finance Department 6.6 Authorize the City Manager to enter into a Purchase Agreement with the City of Industry for the Purchase of Three (3) Parcels APN # 8269- 008-0270, 8269-050-026 and 8269-053-024, Authorize the Deposit of $15,000 into Escrow and Appropriate $15,000 from General Fund Reserves. Recommended Action: Approve and Appropriate Funds. Requested by: City Manager 7. PUBLIC HEARINGS: None. December 5, 2006 PAGE 4 8. COUNCIL CONSIDERATION: 8.1 Adopt Resolution No. 2003-60G: Rescinding Resolution No. 2003-60F and Revising the Policies and Fees for the Use of the Diamond Bar Center operated by the City of Diamond Bar. Recommended Action: Adopt. Requested by: Community Services Department RECESS TO REDEVELOPMENT AGENCY: CALL TO ORDER: Chairman Chang ROLL CALL: Agency Members Herrera, Tanaka, Zirbes, VC/Tye, C/Chang 2. 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 Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and qive it to the Agency Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Redevelopment ,Agencv. 3. CONSENT CALENDAR: 3.1 Redevelopment Agency Minutes — Annual Meeting of April 18, 2006 — Approve as submitted. 3.2 Treasurer's Statement - April 1, 2005 through October 31, 2006 - Approve as submitted. 4. REDEVELOPMENT AGENCY REORGANIZATION: 4.1 Selection of Chair 4.2 Selection of Vice Chair 5. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. ADJOURN REDEVELOPMENT AGENCY MEETING December 5, 2006 PAGE 5 RECESS TO PUBLIC FINANCING AUTHORITY CALL TO ORDER: Chairman Tanaka ROLL CALL: Authority Members Chang, Herrera, Zirbes, VC/Tye, C/Tanaka. 2. 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 Authority on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Public Financing Authority values your comments, pursuant to the Brown Act, the Authority generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Authority Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Public Financing Authority. 3. CONSENT CALENDAR: 3.1 Public Financing Authority Minutes — Annual Meeting of April 18, 2006 — Approve as submitted. 3.2 Treasurer's Statement — April 1, 2006 though October 31, 2006 - Approve as submitted. 4. PUBLIC FINANCING AUTHORITY REORGANIZATION: 4.1 Selection of Chair 4.2 Selection of Vice Chair 5. AUTHORITY MEMBER COMMENTS: Items raised by individual Authority Members are for Authority discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. ADJOURN PUBLIC FINANCING AUTHORITY MEETING RECONVENE CITY COUNCIL MEETING: 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: MEMORANDUM TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Ma a BY: Nancy Fong, Community Develop ent Director DATE: December 5, 2006 Study Session SUBJECT: Integrated Growth Forecast/Regional Housing Needs Assessment (RHNA) — The discussion of the housing units for 2005 and 2014 RHNA cycle and the forecast of housing units to 2035. State law requires that jurisdictions provide their "fair share" of regional housing needs. Local government and Councils of Government (COG) are charged with determining existing and future need, together with California Department of Housing and Community Development (HCD). SCAG prepares the Regional Hosing Needs Assessment (RHNA) for the six -county area it represents. The last assessment covered the period of January 1998 through June 2005. Another cycle of RHNA is due for June 30, 2007 covering the period of 2008 through 2014. Attached is SCAG's Integrated Growth forecast/RHNA with methodology, population, households and housing units forecast as background information. Beside the next RHNA cycle, SCAG also projects the population, employment and households' growth through year 2035. The draft RHNA for Diamond Bar is 1,355 new housing units by 2014 per SCAG formula: Household growth 2005 to 2014 + Replacement needs + vacancy needs 19,193(2014) — 17,876(2005) + 0 replacement + (.23% vacancy and .005% renter rate) 1317 + 0 + 30 + 7 =1,355 new housing units by 2014 The growth forecast for Diamond Bar in 2035 is approximately 2,500 additional new housing units. Staff is in the process of preparing responses to the 2014 RHNA numbers and the 2035 growth forecast scenario and plans on submitting to SCAG on December 6, 2006. Staff will discuss the RHNA process and the anticipated City response to SCAG at the Study Session. Staff is requesting input form the Council. Attachments 1. SCAG's Integrated Growth/RHNA 2. Existing General Plan Map and 2035 Scenario Map 3. Legend Map 4. SCAG's Compass Blueprint with description of development types ry SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS NOTICE OF PUBLIC WORKSHOPS REGARDING SCAG'S INTEGRATED GROWTH FORECAST/ REGIONAL HOUSING NEEDS ASSESSMENT The Southern California Association of Governments (SCAG), in cooperation with the respective subregions within the SCAG region, will hold a total of fourteen (14) public workshops for local jurisdictions, members of the public, and interested parties to provide input to SCAG with regard to: SCAG's development of its draft regional Integrated Growth Forecast and the resulting disaggregation of the Integrated Growth Forecast into smaller geographic levels [(County, subregion, city and TAZ (Transportation Analysis Zone)] based upon four major variables: population, employment, household and housing units. Refinement of SCAG's initial assessment of the housing capacity of cities as reflected in the Integrated Growth Forecast by further analysis of the AB 2158 planning factors required for SCAG's development of the Regional Housing Needs Assessment (RHNA). These public workshops shall take place on the dates, times and locations set forth in Schedule of Workshops, attached hereto as Attachment "A." Background/Purpose of the Workshops In developing previous Regional Transportation Plans (RTP), SCAG's distribution of its growth forecast was aimed solely at providing the detail required to run the regional transportation model to assess the environmental, economic and quality of life aspects of the transportation network. Starting with the 2004 RTP, the process included the incorporation of land use growth visioning, and added non -regulatory land use maps to the databases used for transportation modeling. This resulted in a draft "Integrated Growth Forecast" which ties housing to transportation planning, and which will serve as the platform for several of SCAG's regional plans/projects, including the 2007 RTP, the Compass Blueprint, the Environmental Impact Report (EIR) for the 2007 RTP, and the RHNA. SCAG has commenced the 4t' cycle of the RHNA process required by the State in order for local jurisdictions to prepare updated General Plan Housing Elements. The Integrated Growth Forecast and SCAG's proposed allocation methodology, described herein in Attachment "B," are components of the RHNA process and provide initial information regarding a jurisdiction's capacity for housing and jobs. This information was presented to the subregion and local jurisdictions prior to the workshops, and is also available upon written request. The Integrated Growth Forecast also takes into account several of the local planning factors identified in state housing law, better known as the "AB 2158 factors" and listed herein in Attachment "C." A map depicting a jurisdiction's land use pattern in the draft Integrated Growth Forecast was also presented to the subregion and local jurisdictions prior to the workshops. The purpose of the workshops is to develop a consensus land use scenario, and specifically, to receive public input and comments regarding the two bullets listed above. The workshops will be used to exchange information, identify potential areas of consensus, identify areas where SCAG will need to revisit the forecast, and facilitate public participation regarding the RHNA process. Posted by SCAG: Oct. 6, 2006 Page 1 Attachment "A" — Schedule of Workshops 1. Monday. October 30, 2006 9:30am to 1:30pm Western Riverside Council of Governments 4080 Lemon Street, 1 st Floor Conference Rooms 2A & 2B Riverside, CA 92501 Contact: Rick Bishop, (951) 955-7985 2. Monday, October 30, 2006 1:00pm to 5:30pm San Gabriel Valley Council of Governments Garvey Community Center 9108 Garvey Avenue Rosemead, CA 91770 Contact: Nick Conway, (626) 564-9702 3. Tuesday, October 31, 2006 9 30am to 1:30pm Coachella Valley Association of Governments CVAG Offices 73710 Fred Waring Drive, Suite 119 Palm Desert, CA 92260 ........ :...........:, _, _.........: Contact: Catherine McMillan, (760) 346-1127 4. Wednesday, November 1, 2006 8:00am to 12:30pm City of Los Angeles Los Angeles City Hall 200 N. Spring Street, Room 1035 Los Angeles, CA 90012 Contact: Naomi Guth, (213) 978-1363 5. Wednesday, November 1, 2006 1:00pm to 5:30pm Imperial Valley Association of Governments EI Centro Chamber of Commerce Board Room 1095S.4 Ih Street EI Centro, CA 92243 Contact: Rosa C. Lopez, (760) 482-4290 6. Friday, November 3, 2006 8:00am to 12:30pm Westside Cities Council of Governments Location to be determined Contact: Francie Stefan, (323) 848-6357 7. Monday, November 6, 2006 1:00pm to 5:30pm Gateway Cities Council of Governments 16401 Paramount Blvd., 2nd Floor Paramount CA 90723 Contact: Debra Chankin, (562) 663-6850 8. Tuesday, November 7, 2006 8:00am to 5:30pm Orange County Council of Governments Huntington Beach City Hall 2000 Main Street Huntington Beach, CA 92648 _ Contact: Annabel Cook, (714) 972-0077 Posted by SCAG: Oct. 6. 2006 Page 3 Attachment "B" — Description of SCAG's proposed Allocation Methodology The foundation of SCAG's proposed Allocation Methodology is the "Integrated Growth Forecast", which represents the most desired growth scenario for the Southern California region in the future because it ties housing to transportation planning. The growth scenario includes the size and distribution of growth in the SCAG region. It is based on a combination of recent and past trends, reasonable key technical assumptions, and existing and new local or regional policy options. The Integrated Growth Forecast at the regional and small area level are the basis for developing the Regional Transportation Plan (RTP), Environmental Impact Report (EIR), Compass Blueprint Plan, and the Regional Housing Needs Assessment (RHNA). The development of the Integrated Growth Forecast is driven by a principle of collaboration between the regional and local jurisdictions who are major contributors in the process. Integration of the output from the regional and local forecasts is achieved through joint efforts and collaboration among the various contributors. In February 2005, SCAG's Community, Economic and Human Development Committee (CEHD) approved and directed staff to proceed with the 2007 RTP Growth Forecast Update Process, currently known as the 2007 Integrated Growth Forecasting process for the 2007 RTP/EIR/RHNA and Compass Blueprint. SCAG's Plans & Programs Technical Task Force (P&P TAC) also assisted in the process by providing technical and policy input. Policy Committees of the Regional Council were periodically informed of progress and provided direction to the process. Development of the Integrated Growth Forecast Development of the Integrated Growth Forecast involves several steps. This first step entailed an analysis of recent regional growth trends and the collection of significant local plan updates. A variety of large area estimates and projections are collected from federal and state governments. The major government sources included information from the U.S. Census Bureau, U.S. Bureau of Economic Analysis, U.S. Bureau of Labor Statistics, Internal Revenue Service (IRS), U.S_ Citizenship and Immigration Services, Department of Health and Human Services, California Department of Finance (DOF), California Employment Development Department, and information received through the Intergovernmental Review process. Small area estimates and projections were also available from aerial land use data, data from ES202, CTPP, general plan, parcel level data from tax assessor's office, building permits from Construction Industry Research Board and demolition data from the DOF. The next steps involved the review and update of the 2004 regional growth forecast methodology used as part of SCAG's 2004 Regional Transportation Plan and key assumptions. The widely used methodology included the cohort -component method and the shift -share method. The key technical assumptions included updates regarding the! fertility rate, mortality rate, net immigration, domestic in -migration, domestic out -migration, labor force participation rates, double jobbing rates, unemployment rates, and headship rates. Thereafter, a review and update of existing regional growth policies and strategies, including Compass Blueprint strategies, economic growth initiatives, Goods Movement strategies, etc. were assessed. Relevant analysis also included general plan capacity analysis, demonstration projects, regional growth principles, polling and focus groups, public; workshops, and I-PLACE3S. The next step is to develop and evaluate the draft regional Integrated Growth Forecast scenarios with small area distributions. Regional growth forecast scenarios are developed and allocated into the smaller geographic levels using public workshops and I-PLACE3S. The small area distributions of the regional growth are evaluated using transportation and emission modeling results and environmental impact review. The last step is to select and adopt a preferred regional growth forecast. A regional growth scenario with selected small area distributions is developed using transportation and environmental performance measures. The Regional Council adopts a regional growth forecast. An organized forecasting decision making process is required to develop a consensus regional growth forecast in an efficient, epen, and fair way. A variety of groups or input involved in the forecasting process include panel of experts, subregional/local review, stakeholders/data users, public outreach, technical committee, policy committee, and the Regional Council. Posted by SCAG: Oct_ 6, 2006 Page 5 The household forecast for each county in year 2014 provided by the Draft Integrated Growth Forecasts is the start of the RHNA allocation plan at county level. Similarly, the household forecast for each jurisdiction, including unincorporated areas within each county in the year 2014 is the start of the RHNA allocation plan at jurisdictional level. Each jurisdiction's household distribution using county level median household income based on Census 2000 is the starting basis for RHNA housing allocation plan by income category. Consideration of several local AB 2158 planning factors has been incorporated in the draft Integrated Growth Forecast by way of analysis of aerial land use data, employment and job growth data from the ES202 data base, Census Transportation Planning Package data, general plan, parcel level property data from tax assessor's office, building permit, demolition data and forecast surveys distributed to local jurisdictions. However, because the draft Integrated Growth Forecast arguably does not adequately address some of the AB 2158 factors, such as loss of units contained in assisted housing developments, high housing costs burdens, and the housing needs for farm workers, the allocation methodology will depend on the outcome of policy recommendations of SCAG's CEHD RHNA Subcommittee, which will be subject to review and approval by SCAG's Regional Council. In addition, the allocation methodology is dependent on obtaining additional information from local jurisdictions regarding the AB 2158 factors as a result of the subregional workshops. Planning factors not adequately may be addressed by adding data and/or statistics from 2000 Census to the "existing needs" portion of the RHNA, or through application of policy recommendations. Specifically, the AB 2158 factors have been considered in the draft Integrated Growth Forecast Process as follows: (1) Each member jurisdiction's existing and projected jobs and housing relationship The resulting joblhousing relationships are appropriately maintained for all local jurisdictions throughout the forecasting/planning horizon. (2) The opportunities and constraints to development of additional housing in each member jurisdiction, including all of the following, (i) lack of sewer or water service due to laws or regulations, (ii) the availability of land suitable for urban development or for conversion to residential use, (iii) lands preserved or protected from urban development under governmental programs designed to protect open space, farmland, environmental habitats, and natural resources on a long-term basis, and (iv) county policies to preserve prime agricultural land within an unincorporated area: The integrated Growth Forecasting Process started with extensive survey of all local jurisdictions regarding their land use and constraints. All subregionsllocaljurisdictions are invited to provide SCAG their respective growth perspective and inputs. in addition, Compass 2% growth opportunity areas are identified throughout the region to redirect growth favoring an urban form consistent with regional mobility and air quality goals. (3) The distribution of household growth assumed for purposes of a comparable period of regional transportation plan and opportunities to maximize the use of public transportation and existing transportation infrastructure. The distribution reflects the results of the "Integrated Growth Forecasts." (4) The market demand for housing All indicators of market demand, such as trends of building permits, household growth, employment growth and population growth are built in the forecasting methodology and model throughout all geographic levels. (5) Agreements between a county and cities in a county to direct growth toward incorporated areas of the county Posted by SCAG: Oct. 6, 2006 Page 7 Draft Forecasting/Allocation Methodology at the Region/County Level: The allocation results of the four major variables—population, households, employment and housing units—from the Integrated Growth Forecasts are attached for subregion/local jurisdiction workshops. Following are simple description of the methodology. The regional policies in terms of long term transportation projects funded by private sector investment and Compass 2°/, land use policies are not projected to affect regional, county, subregion, and city level growth of population, household, employment, and housing units before 2015. Compass 2% land use strategies are voluntary they only direct growth redistributions within city boundaries before 2015. A. Population forecasts Two factors account for population growth: natural increase (which is the balance between births and deaths) and net migration (which is the balance between the number of people coming and leaving the region). Net migration is differentiated between domestic migrants (people moving in and out of the region to other parts of the nation, immigrants (legal and undocumented) moving to the region from other countries. " '4 U 11 r 1 A UKf1L -t SCAG projects regional population using the cohort -component model. The model computes the population at a future point in time by adding to the existing population the number of group quartered population, births and persons moving into the region during a projection period, and by subtracting the number of deaths and the number of persons moving out of the area. This process is formalized in the demographic balancing equation. The fertility, mortality and migration rates are projected in five year intervals for eighteen age groups, for four mutually exclusive ethnic groups: Non -Hispanic White, Non -Hispanic Black, Non -Hispanic Asian and Hispanic. The birth rates are also projected by population classes: residents (and domestic migrants) and international migrants. SCAG links population dynamics to economic trends, and is based on the assumption that patterns of migration into and out of the region are influenced by the availability of jobs. The future labor force supply is computed from the population projection model by multiplying civilian resident population by projected labor force participation rates. This labor force supply is compared to the labor force demand based on the number of jobs projected by the shift/share economic model. The labor force demand is derived using two step processes. The first step is to convert jobs into workers using the double job rate. The double job rate is measured by the proportion of workers holding two jobs or more to total workers. The second step is to convert workers into labor force demand using the ideal unemployment rate. If any imbalance occurs between labor force demand and labor force supply, it is corrected by adjusting the migration assumptions of the demographic projection model. Adjustment of migration assumptions is followed by total population changes. The county forecasts are developed by analyzing the difference between the sum of initial county forecasts and the regional independent projections. If results are significantly divergent, input data at the county level is adjusted to bring the sum of counties projection and the regional independent projections more closely in line. Complete agreement between two projections is not mandatory. After analysis, the sum of counties constitutes the regional forecasts. B. Employment forecasts Employment forecasts utilize a top down procedure starting with a U.S. forecast, followed by California, and finally the SCAG region and counties. The regional employment forecasts will interact with the regional population forecasts. Posted by SCAG: Oct. 6, 2006 Page 9 E. Considering Policy Impacts It should also be noted that the regional policies in terms of long term transportation projects funded by private sector investment and Compass 2% land use policies are not projected to affect regional, county, subregion, and city level growth of population, household, employment, and housing units before 2015. Compass 2% land use strategies are voluntary they only direct growth redistributions within city boundaries before 2015. Preliminary 2004 RTP growth forecasts update is completed by incorporating two regional policies into the baseline growth forecasts. There are two regional policies that will affect future size and distribution of baseline forecasts of employment, population, households, and housing units: one is Compass/Blueprint; the other one is private sector investment. Given the fact Compass/Blueprint does not affect the growth and distribution at the county level, the private sector investment only will be considered to influence the future growth and distribution at the county level. First, the regional job impacts of private investment are calculated for 20 NAICS sectors (by 2 -digit) based on input-output analysis. These job impacts are distributed to counties based on growth share methodology for each sector. Second, further adjustment was made based on 2004 RTP job distribution. Third, the regional job impacts are translated into the regional population adjustment using the economic -demographic model. Additional population is distributed to counties following the additional household adjustment. Fourth, population adjustment is translated into households by using the household projection model. The regional household adjustment is distributed to counties following the county distribution of additional jobs. Fifth and last, additional household adjustment is translated into housing units by using the total vacancy rate. The regional housing unit adjustment is distributed following the county distribution of additional households. Please see http://scag.ca.gov/rtptac/pdf/2006/tacO8l7O6 Forecast.pdf for assessing regional policy impacts and allocating county distribution. Draft Forecasting/Allocation Methodology at City Level: The overall framework for the city level demographic forecasts is provided by the household (occupied housing units) method. This approach is widely accepted and applied in forecasting socioeconomic growth for smaller geographic areas. The household method consists of the following three major projection components: housing units, households (occupied housing units) and population. A. Population Forecasts City population is projected as the group quarters population plus the product of households and average persons per household (PPH). The average number of persons per household is projected using the historical trend and the updated county PPH. Group quarters population is projected using its ratio to total population from the 2000 Census, which is assumed to remain constant during the projection horizon. B. Employment Forecasts The distribution of county jobs to city applies a "constant -share" approach to calculate city employment. Based on constant -share approach, city job growth is a function of city share to county jobs for each sector and future county job growth. If a city in Los Angeles county is specialized in a specific industry (e.g., manufacturing), its future job growth will be affected by future reduction of manufacturing jobs of Los Angeles county. The constant - share approach provides a reasonable job estimates for the future, which form a reasonable basis for future subregional input process. Posted by SCAG: Oct. 6, 2006 Page ► t Attachment "C" — AB 2158 factors The "AB 2158 factors" identified in the state housing law [see, California Government Code §65584.04(d)] that will be discussed at the workshops are described below, along with suggestions on how they may be considered as part of the RHNA allocation methodology: • Existing and projected job housing balance. Housing distributions should be related to employment centers and growth locations to reduce commutes; vehicle miles traveled congestion and improve housiing availability, where appropriate. Each jurisdiction's projected share of employment could be used as a basis for adjusting housing allocations, especially when there is a mismatch between residential devellopment expected and employment growth across a region or subregion. Lack of sewer or water service due to federal and state laws, regulations or regulatory actions, or supply and distribution decisions made by a sewer or water service provider other than the local jurisdiction that preclude the jurisdiction from providing necessary infrastructure for additional development during the planning period. This factor may be difficult to use in an allocation methodology designed todetermine sharers of housing need between communities. It is a physical / fiscal constraint that temporarily curbs growth potential and may be difficult to distinguish from growth caps that are prohibited by the housing statute. As an allocation factor it could be used in conjunction with a developable land measure. • The availability of land suitable for urban development or for conversion to residential use, the availability of underutilized land, and opportunities for infill development and increased residential densities. This type of consideration is usually provided through local and subregional input into the regional growth forecast. This factor may also be used in conjunction with a developable land measure. • Lands preserved or protected from urban development under existing federal and state programs, or both, designed to protect open space, farmland, environmental habitats, and natural resources on a long- term basis. This is a primary input and consideration in the regional growth forecast and is incorporated in potential desegregations. • County policies to preserve agricultural land_ The protection of prime agricultural land is also a prime consideration in the regional growth forecast as a non -desegregation factor. • The distribution of household growth assumed for purposes of a comparable period of regional transportation plans and opportunities to maximize the use of public transportation and existing transportation infrastructure. This factor is addressed through the integrated growth forecast for the Regional Transportation Plan and Compass Blueprint or growth vision. It is the basis for all regional plan;, including the RHNA. • The market demand for housing. The housing statute calls for all jurisdictions to receive a housing allocation. The market demand for housing is considered as a function of population and employment growth in the regional growth forecast and local input. • County policies to preserve prime agricultural land within in unincorporated area. The regional growth forecast basis itself on subregional and local input on where growth should and should not occur. This land use input is incorporated into the regional growth forecast. • The loss of units contained in assisted housing developments. This is a local planning consideration which affects the proportion of affordable housing needed within a jurisdiction. However, SCAG has prepared detailed projections of units at risk of conversion from subsidized affordable housing to market rate housing for both expiring federal Section B projects and federal and state Low Income Housing Tax Credit projects so communities may see the collective impact of such conversions over the local housing element planning period. Posted by SCAG: Oct. 6, 2006 Page 13 Integrated Growth Forecast/RHNA San Gabriel Valley: y Packet item #2 Purpose of item: for informationRegional Integrated Forecast 2003-2035 and review only during the Population Forecast - City Totals SCAG's subregional workshops. I COUNTY p03 p05 p10 p14 p15 p20 p25 p30 p35 LA 10,034,576 10,205.995 10,619,410 10,907,740 10,979,823 11,335,934 11,694,786 12,059,291 12,417,108 1 i NEWSR p03 p05 p10 p14 p15 p20 p25 p30 p35 San Gabriel Valley Assoc. 1,898,342 1,928,398 2,027,798 2,097,123 2,114,454 2,200,076 2,285,677 2,371,798 2,455,935 CITY p03 p05 p10 p14 p15 p20 p25 p30 p35 Alhambra city 89,243 89,679 92,415 94,324 94,801 97,158 99,460 101,707 103,869 Arcadia city 55,666 56,067 57,770 58,959 59,256 60,723 62,154 63,549 64,889 Azusa city 47,637 48,272 50,449 51,967 52,347 54,223 56,036 57,784 59,455 Baldwin Park city 79,905 80,865 82,265 83,242 83,486 84,692 86,130 87,864 89,697 Bradbury city 929 943 986 1,016 1,024 1,061 1,098 1,133 1,167 I i Claremont city 36,199 36,530 37,131 37,550 37,655 38,173 38,787 39,524 40,303 Covina city 48,893 49,325 52,595 54,875 55,445 58,261 60,961 63,533 65,976 Diamond Bar city 59,188 59,659 61,507 62,797 63,119 64,712 66,256 67,750 69,180 Duarte city 22,464 22,851 23,289 23,594 23,671 24,048 24,425 24,803 25,173 EI Monte city 122,614 125,219 131,306 135,551 136,613 141,856 146,929 151,824 156,505 Glendora city 51,692 52,133 53,791 54,948 55,237 56,665 56,103 59,562 60,992 Industry city 798 801 801 801 801 802 802 804 806 Irwindale city 1,491 1,526 1,762 1,926 1,967 2,171 2,379 2,595 2,809 La Puente city 42,822 43,132 46,522 48,887 49,478 52,398 55,192 57,848 60,367 La Verne city 33,059 33,298 36,903 39,417 40,046 43,152 46,095 48,858 51,460 Monrovia city 38,602 38,961 39,520 39,911 40,009 40,491 40,987 41,504 42,018 Montebello city 64,921 65,353 65,722 65,980 66,045 66,363 67,075 68,276 69,686 Monterey Park city 63,628 64,309 69,147 72,521 73,365 77,532 81,832 86,322 90,788 Pasadena city 143,017 145,726 148,929 151,164 151,722 154,482 158,940 165,519 172,970 Pomona city 157,339 160,853 171,689 179,247 181,136 190,471 199,473 208,124 216,377 Rosemead city 56,437 56,998 57,878 58,492 58,646 59,404 60,443 61,834 63,362 San Dimas city 36,560 36,828 42,635 46,685 47,698 52,701 57,425 61,837 65,980 San Gabriel city 41,716 42,223 44,824 46,638 47,092 49,333 51,481 53,528 55,473 San Marino city 13,500 13,538 13,545 13,550 13,551 13,557 13,583 13,633 13,693 Sierra Madre city 11,013 11,045 11,131 11,191 11,206 11,280 11,396 11,565 11,757 South EI Monte city 22,016 22,297 22,642 22,883 22,943 23,241 23,580 23,972 24,380 South Pasadena city 25,382 25,654 25,761 25,836 25,854 25,946 26,288 26,939 27,725 Temple City city 34,985 35,453 36,174 36,677 36,803 37,424 38,040 38,654 39,251 Walnut city 31,530 31,929 33,381 34,393 34,646 35,896 37,117 38,311 39,459 West Covina city 110,893 112,104 118,618 123,161 124,297 129,909 135,294 140,436 145,324 Unincorporated 354,211 364,836 396,709 418,939 424,496 451,951 477,915 502,207 525,043 Note: Household growth (2005-2014), replacement needs, and vacancy needs are the 3 components to calculate RHNA construction needs. Page 1-1 Oct 4, 2006 . Integrated Growth Forecast/RHNA San Gabriel Valley: Packet item #2 Purpose of item: for information Regional Integrated Forecast 2003-2035 and review only during the Housing Unit Forecast -City Totals SCAG's subregional workshops. ,NVJ .�� ti�..na h���n hso14 hsa15 hs920 hsg25 hsg30 hsg35 LA 3,316,371 3,353,134 3,524,918 3,655,094 3,691,074 3,867,445 4,016,841 4,154,624 4,269,506 NEWSR hsg03 hsg05 hsg10 hsg14 hsg15 hsg20 hsg25 hsg30 hsg35 San Gabriel Valley Assoc. 569,079 574,525 605,107 628,349 634,808 666,285 693,171 717,854 738,448 CITY hsg03 hsg05 hsg10 hsg14 hsg15 hsg20 hsg25 hsg30 hsg35 Alhambra city 30,081 30,185 31,412 32,347 32,584 33,778 34,796 35,733 36,505 Arcadia city 20,151 20,173 20,910 21,476 21,619 22,338 22,955 23,521 23,987 Azusa city 13,364 13,467 14,134 14,640 14,764 15,403 15,937 16,434 16,841 Baldwin Park city 17,660 17,764 18,102 18,361 18,495 19,007 19,519 19,950 20,335 Bradbury city 325 329 347 361 365 384 399 413 425 Claremont city 11,859 11,915 12,153 12,338 12,413 12,720 13,019 13,274 13,497 Covina city 16,429 16,474 17,618 18,490 18,698 19,792 20,686 21,528 22,217 Diamond Bar city 18,155 18,187 18,935 19,508 19,650 20,375 20,990 21,558 22,024 Duarte city 6,847 6,924 7,132 7,291 7,334 7,542 7,724 7,890 8,027 El Monte city 28,229 28,657 29,998 31,023 31,274 32,566 33,648 34,653 35,478 Glendora city 17,256 17,296 17,780 18,152 18,258 18,758 19,207 19,608 19,945 Industry city 124 124 124 124 124 124 125 125 125 Irwindale city 375 381 420 450 460 507 548 585 617 La Puente city 9,684 9,694 10,388 10,913 11,033 11,676 12,197 12,691 13,092 La Verne city 11,347 11,360 12,646 13,623 13,849 15,060 16,028 16,951 17,702 Monrovia city 14,029 14,073 14,321 14,508 14,562 14,809 15,044 15,248 15,419 Montebello city 19,499 19,509 19,836 20,096 20,266 20,876 21,504 22,024 22,498 Monterey Park city 20,588 20,681 21,351 21,862 22,056 22,883 23,648 24,320 24,902 Pasadena city 55,656 56,388 57,982 59,216 59,992 62,852 65,695 68,089 70,267 Pomona city 40,026 40,620 43,152 45,081 45,548 47,974 49,972 51,845 53,379 Rosemead city 14,554 14,609 14,970 15,248 15,396 15,963 16,520 16,993 17,417 San Dimas city 12,581 12,598 14,677 16,257 16,617 18,569 20,111 21,592 22,794 San Gabriel city 13,016 13,096 13,951 14,601 14,757 15,571 16,238 16,866 17,379 San Marino city 4,448 4,453 4,454 4,454 4,459 4,468 4,490 4,503 4,516 Sierra Madre city 4,929 4,937 5,049 5,134 5,167 5,305 5,438 5,552 5,651 South EI Monte city 4,728 4,759 4,660 4,938 4,970 .5,102 5,230 5,339 5,435 South Pasadena city 10,904 10,955 11,029 11,090 11,172 11,424 11,712 11,937 12,153 Temple City city 11,770 11,857 12,199 12,459 12,528 12,862 13,158 13,424 13,645 Walnut city 8,481 8,535 9,073 9,483 9,587 10,118 10,559 10,971 11,310 West Covina city 32,533 32,589 34,714 36,262 36,632 38,569 40,162 41,657 42,880 Unincorporated 99,459 101,842 111,389 118,565 120,179 128,910 135,913 142,581 147,986 Note: Household growth (2005-2014), replacement needs, and vacancy needs are the 3 components to calculate RHNA construction needs. Page 1-3 Oct 4, 2006 SOUTHERN CALIFORNIA ASSOCIATION of GOVERNMENTS Integrated Growth Forecast / RHNA Packet item # 4 Item: Explanation of 2035 RTP Test Scenario Purpose of item: Provides direction for how to examine the maps of the RTP 2035 Test Scenario. COM PASS nEtu directions for growth V MEMORANDUM TO: JURISDICTIONAL PARTNER FROM: GLEN BOLEN, FREGONESE CALTHORPE ASSOCIATES SUBJECT: RTP 2035 TEST SCENARIO DATE: OCTOBER 2, 2006 Roughly 1.5 hours of the Draft Integrated Growth Forecast / RHNA workshop is devoted to reviewing and improving upon a 2035 RTP Test Scenario with partner government agencies. Input from this workshop will be used to develop a "Consensus" scenario. This scenario will ultimately be coupled with transportation options and modeled as part of the 2007 RTP. Background With help from partner jurisdictions and engaged citizens SCAG developed the Compass Blueprint. The Blueprint and its component, the Compass 2% Strategy, comprised the land use component of the 2004 Regional Transportation Plan (RTP). Integrating land use with transportation planning resulted in measurable benefit in terms of air quality, distances driven, time spent driving and other important factors. For the 2007 RTP the Compass Blueprint will again provide a land use base from which information is extracted and used by the transportation model. In developing the 2007 RTP, SCAG will develop and build several different growth scenarios_ Scenario Planning The 2007 RTP will rely on scenario planning as a way for the region to make the complex decisions that are necessary. Scenario planning is widely used in business and military settings and is becoming more prominent in government. Given the complexity of the issues we face in today's environment, the number of variables that have to be considered, and the 30 -year time frame of the RTP, it is apparent that getting the right SOUTHERN CALIFORNIA ASSOCIATION Of GOVERNMENTS Integrated Growth Forecast / RHNA Packet item # 4 Item: Explanation of 2035 RTP Test Scenario Purpose of item: Provides direction for how to examine the maps of the RTP 2035 Test Scenario. General Plan information. This information will be used when the three scenarios are constructed. To assist with your investigation of the test scenario you can download GIS data and a table that lists all the TATs and their 2035 household and employment numbers. Remember, this is just a test scenario. The nature of GIS creates the appearance of certainty and precision. While the transportation model will be run using the very detailed TAZ information, SCAG is not making any requirements based on the 2035 TAZ numbers that you are helping to create. To download this information, along with the maps of your jurisdiction and the subregion open an Internet browser and enter ftp.fiego.com into the address line. When prompted enter the username and password. Username: workshop Password: forecast The packet and maps will be in the folder with your subregion's name on it. The Exercise The: Compass team knows that at the regional level, they can only be so precise in the development of the test scenario. Working at the regional level, the team did have success in building a future land use pattern that worked efficiently with transportation infrastructure when modeled. Now is the time to refine that work to be accurate at the local level. Think of this session as one of information sharing. The Compass team is describing to you what they know about the landscape at the regional level, and how land use and transportation interact on the regional scale. Your job is to describe the real world conditions of the landscape at the local level. The goal is to create the highest possible quality future land use distribution scenario. This will lead to a better Integrated Growth Forecast. At the workshop you will work in a small group to use pens, graphic icons and a written log to show the compass team where you think growth should go, and what styles of development are appropriate within your jurisdiction. In preparation for the workshop you can use the maps coupled with your knowledge of the `on the ground' reality to prepare any materials that you think will be helpful. You may just want to arrive at the workshop and help us mark up the maps. Hopefully you will be able to spend some time marking up the map of your jurisdiction before you arrive. Additionally, if there are any recent specific plans, or significant decisions that SOUTHERN CALIFORNIA r r ASSOCI ATION OfGOVERNMENTS Integrated Growth Forecast / RHNA Packet item # 4 Item: Explanation of 2035 RTP Test Scenario Purpose of item: Provides direction for how to examine the maps of the RTP 2035 Test Scenario. TRANSIT CORRIDORS, STATIONS, AND MAIN STREETS These corridors and station areas incorporate households, offices, and retail uses at a high density. Considered a high employment area, building types range from mid -rise residential to office high-rise tower, with less mixed-use than in other high-density development types. Wilshire Boulevard is high intensity version. A medium -intensity version would resemble Ventura or Sepulveda Boulevard. ACTIVITY CENTER An Activity Center is an agglomeration of large-scale retail buildings, offices and multi -family housing such as South Coast Plaza and Ontario Mills. The Activity Center development type contains a relatively dense mix of uses, comparable to a City. But, unlike the City, it is not pedestrian -friendly. Land uses are separated from each other by parking areas, freeways or arterials. Activity Centers are usually positioned at intersections of highways or arterials, sometimes along major transit corridors. HIGHWAY COMMERCIAL This type is modeled after highway -oriented development. Like the Activity Center, it contains many residential units. But rather than being agglomerated at a highway intersection, Highway Commercial development takes a linear form along both sides of the highway. Connections in this development type consist mostly of highways and frontage roads. Housing is either in the form of multi -family apartments or residential subdivisions; both are typically auto -oriented. OFFICE PARK These areas are comprised of low to medium density office buildings surrounding by surface parking. Generally located near highways for easy auto -access, transit and walking options are limited. They lack residential or retail uses, thus increasing the number of auto trips needed. INDUSTRIAL The Industrial development type is made up of a mix of low and medium density industrial buildings. They often consist of industrial yards and campuses separate from other uses due to the nature of industrial use. This development type is often near highways and accessed via automobiles with large surface parking for autos and trucks. 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Q y�° Sa'er,Y Brook ookside w'ef a Giai,t e R j031 F°r -f $ t C'�c7hd Pleasant Walnut Cr U1'�sh `c 2 2r OOry' sCD m o c rn a s y 500010500 ° ° e 'c y o� �01 Sante �� �iwP`n4�Q� O r OIL \��a �0a Rancho Hois o/nye 0 62�p�e` Polo t,AOMMWc 3OS32400 °5; 3 3 "aDo Tortuga N Cr9i Fire?60.0 Rxn m n X000110600 0�°� Fran 9 0 "dg r - & � = r c�c E�P�s iOt4m �kvleN Diamond a 500 8�,�g°cc Bar : �da, 1`1*4- ii je 44 m �'� 18, E `� `� °o 0 0 �I m u a wm-affrnn w A T cJ 21Y6 Opportunity Area # Households TAZ # Employment - Open Space Developed Highway Arterial Minor Street ,/^X\X Railroad Development Types - Downtown Center - Downtown Residential \\� City Center - City Residential Town Center 01,12 Town Residential City Neighborhood Residential Subdivision Large Lot Residential Niral Chmter = Activity Center Transit Station - Transit Corridor - Main Street Office Park E Office/Business Park - Industrial/Airport/Harbor - Mixed Use ® Specific Plan/Planned Development High Density Residential Medium to Low Denisty Residential Agriculture/Rural Residential Public/Indian Reservation = Open Space Open Water/Ftoodways Other Metrolink Commuter Rail Station Metro Rapid Bus Metro Red Line Heavy Rail Metro Light Rail ~ Metrolink Commuter Rail Jill I'l�li�JIll��ll Metrolink Metro Rap Busway/T f Light Rail Metrolink Railroad Com ml tted%TrlOrjhF Prc Re` ional Transportatiol projects in the Governor Development Type Vacant Redevelol Employment Households Employment Downtown Center 298.26 27.67 Downtown Residential 18.01 109.91 City Center 81.35 25.41 City Residential 18.90 44.10 Town Center 27.69 24.62 Town Residential 2.15 23.56 City Neighborhood 1.07 9.40 Residential Subdivision 0.00 4.65 Large Lot Residential 0.00 2.11 Rural Cluster 0.00 0.33 Activity Center 28.68 22.58 Transit Station 9.52 25.21 Transit Corridor 8.03 15.81 Main Street 17.04 16.05 Office Park 39.50 0.00 119.30 5.40 24.40 6.92 0.32 0.11 0.00 0.00 0.00 0.00 3.33 2.01 5.96 3.95 Agenda No. 6.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION NOVEMBER 21, 2006 DRAFT STUDY SESSION: M/Herrera called the Study Session to order at 5:32 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Presenia: Council Members Chang, Tanaka, Tye and Mayor Herrera. Mayor Pro Tem Zirbes was excused. Also Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Bradley Wohlenberg, Assistant City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Nancy Fong, Community Development Director; Linda Magnuson, Finance Director; Marsha Roa, Public Information Manager; Ken Desforges, IS Director; Alfredo Estevez, Desktop Support Technician; Ryan McLean, Senior Management Analyst; Rick Yee, Senior Engineer; Kimberly Molina, Associate Engineer; Erwin Ching, Jr. Engineer, and Tommye Cribbins, City Clerk. IMPROVEMENTS TO STATE ROUTES 57 & 60 Part I: Long -Term Congestion Relief Steve Brown, Fehr & Peers, reported that there were approximately 340,000 daily trips through the corridor and that that figure was expected to increase by 50% by 2030. He stated that if nothing were done to accommodate the growth, for example, the peak hour might turn into a peak day. About 21,000 trucks use the corridor on a daily basis, which is expected to increase to an even greater percentage. During this time of transition in the corridor with the number of projects (HOV lane, Brea Canyon grade separation, Lemon Avenue ramps, Grand Avenue bridge widening and ramp modifications and a possible Lemon Avenue grade separation) on the drawing board staff has recommended a phased -in long-term solution that would offer little impact to the public. In addition, there is a substantial amount of development underway including potential redevelopment of the County Golf Course property, potential development of the AERA property and ongoing developments in the City of Industry. The current concern is that these projects are proceeding without full knowledge of how they would fit into a broader solution. One important tool is "traffic simulation" which allows staff, consultants and the public to look at traffic in a "real world" manner. Staff's recommendation is to prepare a strategy that would evaluate the performance of long-term congestion relief, a local access option and development of a phased -in plan that would give the City and the public confidence about the fit of all of the pieces; and, undertake public outreach programs to inform residences and businesses. If the Council concurs with staff's recommendation, staff would come back to Council with the details in the next couple of months. NOVEMBER 21, 2006 PAGE 2 CC STUDY SESSION Part II: Status of Near -Term Projects >teve Sasaki, Sasaki Transportation Services, provided Council with an overview on the tracking of the current projects. The Grand Avenue project has begun looking at a broader area of mitigation and consideration of five alternatives. The Lemon Avenue design is in its environmental process and offers three alternatives. Staff is concerned about having the best design with as little waste as possible. With Council's concurrence, a response letter will refer to an overall solution with emphasis on the land use considerations for the golf course that benefits the freeway and the City of D.B. PWD/Liu stated that with all of the work going on in the area staff believes it is time to move forward with a comprehensive evaluation of the different projects and studies. If Council concurs, staff believes that by working with consultants and other stakeholders it would be able to offer the City Council a strategy for consideration of a long-term phased -in solution by January 2007. PWD/Liu responded to M/Herrera that other stakeholders would include City staff, consultants, as well as other cities staffs and County and State officials. Staff has indicated to all stakeholders that D.B. may wish to proceed in this direction. M/Herrera stated that Council will be looking forward to the January presentation. ► UPDATE ON BUSINESS REGISTRATION AND BUSINESS LICENSING: CDD/Fong reported that last February staff presented a status review of the Business Registration Program. At that time Council directed staff to continue with the program and to bring back another status review in about six months with a study of the possibility of an "in-house" Business License program. The Business Registration Ordinance was adopted in May 2005 and became effective July 1, 2005. In May 2005 staff sent mailers to 1,714 businesses based on the State's franchise list. Last year the City registered 446 businesses. During the first 10 months of 2006 818 businesses registered. Working with the HDL list, staff uncovered an additional 244 businesses and notices were mailed to them as well. Non-compliance letters were forwarded to businesses that did not respond to the first mailings in 2006. Staff will mail renewal notices for the 2005 and 2006 business registrants in November 2006. Code Enforcement officers are tracking down existing businesses that have not registered and to date have handed out 200 notices with a return self-addressed stamped envelope. For this effort staff has received only about 20 responses. CDD/Fong stated that the next step for the City to take is to consider whether or not the City should establish an "in-house" Business License Program. In 2004 LA County collected about $35,634; in 2005 $37,048 and for the first six months of 2006 $21,353. Approximately 200 licenses are issued each year. The benefits of an in-house Business License program would be: That D.B. was NOVEMBER 21, 2006 PAGE 3 CC STUDY SESSION business friendly; lower fees; shorter processing time; better tracking for sales tax revenue and zoning compliance for neighborhood improvement; Aid the City's economic development growth; The City would decide which businesses required licensing; The City would control revocations and modifications; There would be one public hearing; and, The D.B. City Hall would provide a more convenient location. CDD/Fong stated that the following items should be considered: 1) who would oversee the program; 2) what businesses would require a business license; 3) what would be the fee structure; 4) what City resources would be required to oversee the program; and, 5) whether the program should be a "cost recovery" program? She asked for Council direction. Discussion ensued. M/Herrera wondered if registration and licensing were being confused and believed the program should be self-supporting. ,C/Chang thanked CDD/Fong for an excellent and thorough presentation. He felt that bringing the program in-house would save the public time and money. He said that the City should not make money on the program and that the City should implement the program. C/Tye felt there were two issues: Business Registration and Business Licensing. He reiterated that in his opinion, business registration was not necessary and the $10 fee did not cover the cost. In addition, $10 plus $20 for zoning clearance would not cover the cost and that was his concern a year and a half ago. He felt that if the City was going to do it, the program should be efficient. With less than one-third of the businesses applying for the program, in his opinion, it was a failure. Business licensing is more appropriate if the City can figure out a way to do it efficiently on its own and that the City should never be put in the situation again where the City is a customer and sends its representative to the County only to get treated like a stepchild. CM/DeStefano explained that the City was not allowed to make money on the program but at the same time was not required to lose money. Staff needs to do some additional work on this matter and return to the City Council with cost - recovery figures. C/Tanaka agreed that the program should be run on a cost recovery basis. If the cost were less there would still be added benefit to the consumer. CM/DeStefano said that in accordance with Council's direction, staff would commence to study the matter and return to the Council with clear direction for implementation of a cost -recovery program during the next six months in accordance with budget discussions. PUBLIC COMMENTS: None Offered. NOVEMBER 21, 2006 PAGE 4 CC STUDY SESSION ADJOURNMENT: With no further business to come before the City Council, M/Herrora adjourned the Study Session at 6:20 p.m. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of , 2006. CAROL HERRERA, Mayor MINUTES OF THE CITY COUNCIL Agenda No. 6.1(b) REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 21, 2006 CLOSED SESSION: SION: 5:00 p.m., Room CC -8 DRAFT Public Comments on Closed Session Agenda: ► Government Code Section 54956.9(a) — Pending Litigation — Two cases 1) Diamond Bar v. Southern California Edison LLACSCC — No. BC351266 2) People of the State of California v. Ratan Hospitality, LLS (Scribbles) Case No. BC351925 ► Government Code Section 54956.8 — Conference with Real Property Negotiators Property Negotiations: City of Industry Identified as: APN 8269008270 APN 8269050026 APN 8269053024 Closed Session adjourned at 5:32 p.m. STUDY SESSION: 5:32 p.m., Room CC -8 ► Improvements to State Routes 57 & 60 Part I: Long -Term Congestion Relief Part ll: Status of Near -Term Projects ► Update on Business Registration and Business Licensing Study Session adjourned at 6:20 p.m. CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:30 p.m. in The Government CenterlSCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. ACA/V/ohlenberg reported that in accordance with the Government Code an item was added to the Closed Session Agenda for potential litigation. After review of the item it was determined that his office would be instructed to defend the City were litigation to be filed. At this; time the City is not aware of which party may sue the City. Therefore, in accordance with the Code the information will be made available to inquiring parties if and when the litigation is filed. CM/DeStefano reported that Council discussed two matters during tonight's Study Session, neither of which required direction from the City Council. 1) Ongoing improvements to SR 57/60 freeways and long-term mitigation consideration 2) Discussion of Business Registration and Business Licensing to review the City progress and to create a dialogue NOVEMBER 21, 2006 PAGE 2 CITY COUNCIL about whether the City would merge County Business Licensing with City Business Registration programs. Council concurred to bring the two matters together as one City - run program and to that end, staff was directed to provide the City Council with information regarding costs, program impacts, and so forth. PLEDGE OF ALLEGIANCE: M/Herrera led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, Ph.D. Islamic Education Center, gave the invocation. ROLL CALL: Council Members Chang, Tanaka, Tye and Mayor Herrera. Mayor Pro Tem Zirbes was excused. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Bradley Wohlenberg, Assistant City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Nancy Fong, Community Development Director; Linda Magnuson, Finance Director; Ken Desforges, IS Director; Ryan McLean, Senior Management Analyst and Tommye Cribbins, City Clerk. 1. APPROVAL OF AGENDA: As Presented. 2. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Tanaka presented a Proclamation to Breakfast Lions Club President Wanda Tanaka proclaiming November 25 and 26, 2006 as "White Cane Days." Mrs. Tanaka then introduced members of the Breakfast Lions Club and the Diamond Bar High School Leos. 1.2 C/Chang presented a Proclamation to Capt. Greg Prance and members of Station 120 as well as Chief Nieto proclaiming November 29, 2006 as "MDA Firefighter Appreciation Day." 1.3 Mitch Cochran, Vice President of the MISAC State Board, presented ISD/ Desforges and the City of D.B., with the Board's 2005-06 Achievement (Excellence) Award in technology and information systems. 1.4 M/Herrera presented Certificates of Recognition to Veterans History Project Committee members Lee Bendell, Al Rumsey, Jess Carbajal, Lupe Espinosa, Audrey Hamilton, Shirley Roe and Chairman Joe Piper. 1.5 CM/DeStefano asked CDD/Fong, PWD/Liu and CSD/Rose to introduce their new employees: CDD/Fong introduced Esmeralda (Esmmy) Magallanes, Permit Technician, Building and Safety Department; CSD/Rose introduced David Seiler, Parks and Maintenance Technician Inspector, Community Services Department; PWD Liu introduced Marcy Hilario, Senior Administrative Assistant, and Erwin Ching, Jr. Engineer; Public Works Department. NOVEMBER 21, 2006 PAGE 3 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/DeStefano acknowledged ISD/Desforges and the City's new employees. IS/Desforges announced that as of this evening the City Council meetings will go online with the Granicus System for Internet broadcasting and meeting minute annotations. He gave a power point presentation on how to use the system showing how the system serves the public. He thanked the Granicus team for assisting with irriplementation of the system and PIM/Roa for presenting the idea and helping the City to implement the program. He also thanked CC/Cribbins for moving the project forward and Drew MacNeal, the Granicus Customer Advocate as well as, DST/Estevez and N/GISE/Aziz, for their support. 3. PUBLIC COMMENTS: Stan Granger, 23800 Gold Nugget Ave., said he had lived on his street for more than 26 years and had noticed during the past few years a decline in the quality of his neighborhood. In addition to vandalism, there is a house at 26314 Gold Nugget that appears to be running a business and that the property is in a deteriorating condition. He said he also noticed that there were a number of residents who store trashcans in their front yards, a practice he believed was not allowed by the City's Code. Nina Goncharov, 23631 Gold Nugget Ave., said she had complained to the City about noise, health hazards and public safety hazards created by an apparent auto repair shop business at 23614 Gold Nugget Ave. According to her investigation the owners of the property live in Laverne. Numerous complaints to the City's Enforcement officer were ignored. She asked the City Council and staff to put the business out of business and offered to supply the City with photographs verifying her statements. Ernie Delgadillo, 1539 Deerfoot, invited the public to participate in the 3rd Annual Diamond Bar Community Foundation's Holiday Gala on Saturday, December 2 at the Diamond Bar Center. The evening includes a sit down gourmet dinner, music, silent auction and dancing. The Foundation supports various City events. (Donations are $100 for individuals, $175 for couples and $850 for a table of 10. For further information and to make reservations, call (909) 319-5446. Inge Faro, 1183 Crestbrook Ct., presented a petition with 338 signatures protesting the possible location of batting cages at Pantera Park. The petition requests that the City consider a different location in the park. Allen Wilson stated that now that the voters have turned down Measure L the City Council should move forward with other matters of business such as economic development. He wished everyone a Happy Thanksgiving and said he was grateful for the men and women who had served to preserve freedom. NOVEMBER 21, 2006 PAGE 4 CITY COUNCIL AL► 0 RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responded to the residents on Gold Nugget stating that first thing tomorrow he would meet with CDD/Fong and the appropriate Neighborhood Improvement Code Enforcement Officer as well as a representative from the Sheriff's Department to look at what has been accomplished to date and develop a strategy to eliminate the nuisance and restore quality of life for residents of that portion of the street. CM/DeStefano responded that with respect to batting cages proposed at Pantera Park, the City Council authorized work toward the creation of batting cages in two parks. CSD/Rose has been working on this item and is scheduling a public meeting for the second or third week of December to further discuss batting cages at Pantera and Peterson Parks. At some point the matter will come before the Parks and Recreation Commission for its recommendation to the City Council. The matter is currently being studied. M/Herrera asked if it was a requirement that every household contract for waste pickup service. She said she received an email from a resident who stated that her neighbor did not contract with a waste hauler and instead would place her trash in other people's containers. CM/DeStefano responded that every occupied parcel within the City is required to subscribe to a trash service (Valley Vista or Waste Management). SCHEDULE OF FUTURE EVENTS: 5.1 Thanksgiving Holiday — November 23 — 24, 2006 —City Offices will be closed. City Offices will reopen Monday, November 27, 2006. 5.2 Planning Commission Meeting — November 28, 2006 -7:00 p.m. AQMD/Government Center Auditorium, 21865 Copley Dr. 5.3 City Council Meeting — December 5, 2006 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. CONSENT CALENDAR: C/Chang moved, C/Tanaka seconded to approve the Consent Calendar as presented with the exception of Item 6.3 and 6.6. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Zirbes 6.1 CITY COUNCIL MINUTES 6.1.1 Study Session of November 7, 2006 — as Amended. 6.1.2 Regular Meeting of November 7, 2006 — as Submitted. NOVEMBER 21, 2006 PAGE 5 CITY COUNCIL 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular Meeting of October 10, 2006. 6.3 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of October 12, 2006 — Matter was continued and remanded to staff for corrections. 6.4 RATIFIED WARRANT 5,12006 for a total containing amount of $1,t438,678.91. 2, 2006 throug November 6.5 APPROVED NOTICEOF COMPLETION POFOC NEIGHBORHOOD TRAFFIC MANAGEMENT ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.6 ADOPT RESOLUTION NO. 2006-76: AMENDING THE CITY'S COMPENSATION PLAN TO CREATE A PART-TIME HUMAN RESOURCES MANAGER POSITION AND RECLASSIFY A SENIOR ADMINISTRATIVE ASSISTATED S COORDINATOR AND RESCINDRESOLUITION TION F ADMINISTRATIVE RECORDNO.2006-55 IN RECORD ITS ENTIREY. At the request of C/Tye, CM/DeStefano spoke to the benefits of creating a part-time human resources position. This change will result in an overall increase in service to employees and a net annual salary savings of $40,500. C/Tye moved, C/Tanaka seconded to adopt Resolution 2006-76 amending the City's Compensation Plan to create a part-time Human Resources Manager position and reclassify a Senior Administrative Assistant. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Zirbes 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 CONSIDERATION TO ADJOURN THE JANUARY 2, 2007 MEETING TO JANUARY 16, 2007. CM/DeStefano reported that since the New Year's holiday (January 1) falls the day before the regular City Council meeting and immediately after the Christmas week staff recommends that the January 2 meeting be adjourned to January 16. NOVEMBER 21, 2006 PAGE 6 CITY COUNCIL There was no one present who wished to comment on Item 8.1. C/Chang moved, C/Tye seconded to adjourn the regular January 2, 2006 meeting to January 16, 2006. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Zirbes 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka welcomed new businesses HSBC Bank and Ms. Couture to D.B. The second annual Sunday at the Center Art Show and Sale was held on Sunday, November 19 coordinated by Orien Pagan who did an outstanding job The Society of Calligraphy provided free bookmarks. Pacific Crest Youth Arts, Diamond Bar Community Foundation and the City of D.B. staff also did an outstanding job on the second annual show. Yesterday he attended the D.B. 4 -Youth meeting during which the group discussed their activities since its inception and considered different activities for the future. He wished everyone a Happy Thanksgiving. C/Tye welcomed the new City employees. He attended the ribbon -cutting ceremonies at the two businesses referenced by C/Tanaka. HSBC Bank is a national corporation and Ms. Couture a small local business. He and M/Herrera attended the Indian New Year event at the Diamond Bar Center; he met with >uperintendent Beckler and other representatives of Walnut Valley Unified School District to discuss issues of mutual importance and working toward mutually beneficial objectives. He encouraged everyone to attend the Diamond Bar Foundation Gala. He said he was very impressed with artist Ruben Anthony Rios, a C3 Quad who says that God has blessed him. He wished everyone a Happy Thanksgiving and a safe and happy holiday season. C/Chang also welcomed new D.B. staff members. He said he was very happy that he had the opportunity to help bring to D.B. the HSBC Bank, a Hong Kong business bank that has branches in almost 50 countries of the world. He had the opportunity to join the event hosted by the Council of African-American Parents on behalf of the Council and Mayor. He wished everyone a very Happy Thanksgiving and a warm family gathering. M/Herrera said that many of the Council Members attended the same events. She felt that residents of D.B. had many things for which to be thankful — a City Council that is dedicated to the City and works hard on behalf of the residents and a superb staff that works hard to make the City proud throughout the region. She was also proud that D.B. was instrumental in creating the Four Corners Transportation Coalition, an organization that is gaining rapid momentum with cities representing more than 800,000 citizens. One of the primary projects is the final fix for the SR57160 Interchange. NOVEMBER 21, 2006 PAGE 7 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the regular City Council meeting at 7:50 p.m. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of , 2006. CAROL HERRERA, MAYOR Agenda No. 6.2 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION S.C.A.Q.M.D.ITHE GOVERNMENT CENTER AUDITORIUM 21865 Copley Drive Diamond Bar, CA 91765 SEPTEMBER 28, 2006 CALL TO ORDER: Chairman Grundy called the Parks and ment Center Buildingon Auditormmission meeting to order ium,a Aud for um, 21865 CopleyDri o p.m. in the SCAQMD/cover e, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Owens led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Lew Herndon, and Vice Chairman Ted Owens and Chairman Dave Grundy. Absent: Commissioners Benny Liang and Ruth Low were excused. Staff Present: Bob Rose, Director of Community Services; Anthony Jordan, Parks and Maintenance Superintendent; Sara Somogyi West, Recreation Services Manager; Claude Bradley, Parks & Maintenance Supervisor; Margot Suarez, Day Camp Coordinator; Meghan Gorden, Day Camp Coordinator; Alison Meyers, Recreation Specialist; and Marisa Somenzi, Senior Administrative Assistant. SPECIAL PRESENTATIONS: Day Camp Coordinator Suarez presented Certificates of Completion and Stipends to Summer Volunteen Participants. RECESS: Chair/Grundy recessed the meeting at 7:15 p.m. RECONVENE: Chair/Grundy 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 CSD/Rose. CONSENT CALENDAR VC/Owens moved, Chair/Grundy seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Owens, Chair/Grundy NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Herndon ABSENT: COMMISSIONERS: Liang, Low SEPTEMBER 28, 2006 PAGE 2 P&R COMMISSION 1.1 Approved Minutes for August 24, 2006 — As Presented 2. INFORMATIONAL ITEMS 2.1 Recreation Program Report — RSM/Somogyi West VC/Owens asked how the D.B. Day at the Fair went and RSM/West responded that it went well and staff received positive feedback. VC/Owens asked if all staff members received CPR training and RSM/Somogyi West responded yes. In addition, two staff members are Certified CPR trainers. Chair/Grundy asked about the net gain of revenue to expenditures absent the n the Youth Day Camp Financial Summary. It appeared nts there would have been a net loss and wanted to know the conditions of the grant funds. CSD/Rose explained that the City has two grants that help support the Summer Day Camp Program. The Department of Education grant pays for the "Peace Builders" portion. The City pays a fee for two years of service. The Prop A funds pay for the bus transportation. He believed the program was very close to break-even. All grant requirements were met and any overage is credited to the City's General Fund. RSM/Somogyi West responded to VC/Owens that there were 10-15 D.B. booths at the Fair. She indicated that last year there were 25-30 artists for the first event, an excellent response. This year there have been a number of calls and staff expects a good showing for the Sunday at the Center. CSD/Rose said staff's goal was to accommodate 27 artists inside the building and that the City could accommodate 50 or so artists by using the outside areas if needed. Chair/Grundy asked about the special City Council hats used during the Concerts in the Park series. RSM/Somogyi West responded that staff received a lot of positive feedback from attendees who said it was much easier to identify Council Members. In addition, attendees felt it made the Council Members seem much more friendly and approachable. Staff plans to continue use of the hats next year. 2.2 Parks Report — PMS/Jordan. C/Herndon thanked staff for conducting the walkthroughs and what staff has done to prepare parks for the upcoming sports season. 2.3 C.I.P. Program Report — CSD/Rose a. Sycamore Canyon Park ADA Retrofit — Phase III — CSD/Rose reported that staff intends to take this to the City Council on Tuesday, October 3 for award of contract. The bids came in significantly higher than what was budgeted. Bids ranged from 1.3 million to 2 million dollars. The bid being submitted to the City Council includes options to reduce the cost as well as taking $600,000 plus from the Parks Development Fund to fund SEPTEMBER 28, 2006 PAGE 3 P&R COMMISSION the full project. CSD/Rose responded to VC/Grundy that according to the designers and contractors the price of construction continues to increase. b. Slope Repair at Diamond Bar Center CSD/Rose reported that at its last meeting City Council awarded the contract for the slope repair at the Diamond Bar Center. Once the contractor has submitted the necessary documentation a pre - construction meeting will be held and once construction commences, the project should be completed in about 30 days. 2.4 Lorbeer Middle School Design of Football Field/Track Slope Improvements CSD/Rose reported that at its August 15 meeting the City Council awarded the design contract for track and football field improvements to David Evans & Associates. CSD/Rose said he would meet with the PUSD officials and the design committee to discuss what needs to be done on the football field. Chair/Grundy requested that staff email him a copy of the joint use agreement. 2..5 Art in Public Places — Results of September 12, 2006 subcommittee meeting. C/Herndon reported that the initial meeting was a fact-finding meeting. Subcommittee members received copies of programs in other cities and were reminded about certain restraints placed on the matter by the City Council. He said he looked forward to following this matter through to a satisfactory conclusion. CSD/Rose stated that staff found that Manhattan Beach has a program similar to what has been discussed for D.B. LA City has a program for the developers as well as a program that does not include developer fees. Today staff received a solicitation from Los Angeles County about how they distribute grants for their art programs. There is a significant amount of money available that may in time be available to a non-profit organization that supports art in the City. For example, the Diamond Bar Community Foundation could be an avenue. However, the non-profit must commit at least 51 percent of their resources to art programs. 2.6 Batting Cages at Peterson and Pantera Parks CSD/Rose reported on the progress of the design plan for the project. The project as proposed came in at about $300,000 for a state -of -the art facility. As a result, staff has asked the architect to go back to the drawing board to reduce costs to stay within the $150,000 budget. The next step is to schedule public meetings in October. SEPTEMBER 28, 2006 PAGE 4 P&R COMMISSION C/Herndon said he felt shade was not required. CSD/Rose responded to C/Herndon that it was staff's intent to construct a curb around the decomposed granite to keep it in place. CSD/Rose further responded that the locations would be serviced by the existing ball field lights. 3. OILD BUSINESS: NONE 4. NEW BUSINESS: NONE 5. ANNOUNCEMENTS: C/Herndon said that in his opinion with respect to Concerts in the Park hats for Commissioners were not necessary. He thanked staff for their hard work. VC/Owens also said hats were not necessary for the Commissioners. He thanked staff for their support of the baseball picnic. With respect to batting cages, he felt it \Alas important to make sure the lighting offered a safe environment. Chair/Grundy commented on the opening of Target and CSD/Rose spoke briefly about the soft grand opening ceremonies. Chair/Grundy said that Lorbeer looked "incredibly improved." He said he was very grateful that a joint use agreement was finally reached and thanked those involved. C/Herndon apologized for missing the last meeting and said he would also miss the October meeting. ADJOURNMENT: With no further business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting at 8:15 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose, Secretary Attest: /g/ T)a_ Cv ] ,(Jy Dave Grundy, Chairman Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MEETING OCTOBER 12, 2006 CALL TO ORDER: Chairman Shah called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Mok led the Pledge of Allegiance. ROLL CALL: Commissioners Jimmy Lin, Kenneth Mok and Chairman Jack Shah Absent: Commissioner Liana Pincher and Vice Chairman Michael Shay Also Present: David Liu, Public Works Director; Rick Lee, Senior Engineer; Kimberly Molina, Associate Engineer, and Stella Marquez, Senior Administrative Assistant. I. APPROVAL OF MINUTES: Minutes of the June 8, 2006 meeting C/Mok moved, Chair/Shah seconded to approve the minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Mok, Chair/Shah NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Lin ABSENT: COMMISSIONERS: Pincher, VC/Shay II. PUBLIC COMMENTS: Ernest Garcia spoke about construction noise behind the YMCA from 7:30 a.m. to 9:30 a.m. and from 11:30 a.m. to 2:30 p.m. He said he found it difficult to sleep during the day even with earplugs. PWD/Liu said that staff would contact the appropriate agency for possible mitigation. III. CONSENT CALENDAR: None IV. ITEMS FROM STAFF: A. Traffic Enforcement Update - Received and filed on the following items: 1. Citations: July -September 2006 2. Collisions: July -September 2006 3. Street Sweeping: July — September 2006 OCTOBER 12, 2006 PAGE 2 T&T COMMISSION In response to Commissioner Lin, PWD/Liu stated that in discussions with the Sheriff's Department, during the summer months there were not as many non -hazard tickets issued. With school session beginning in September, there was a spike in those types of violations. C/Mok said it was interesting to him in looking at the DUI arrests and the DUI collisions, as they increased the collisions increased. V. OLD BUSINESS: None VI. NEW BUSINESS: None VII. STATUS OF PREVIOUS ACTION ITEMS: None VIII. ITEMS FROM COMMISSIONERS: C/Mok said that with the opening of Target, it seemed the traffic flow was good and the signals were well synchronized for smooth traffic movement. He congratulated the City's Public Works Department on a job well done. Chair/Shah suggested than an article be prepared informing the residents of the upcoming improvements by Caltrans on their HOV Carpool Lane Project. IX. INFORMATIONAL ITEMS: A. Caltrans 57/60 Freeway Construction Project PWD/Liu reported that the project was 91 percent complete. Construction is on schedule and slated to be finished by December 2006. The westbound Brea Canyon Road SR -60 on-ramp will also be opened by mid-December 2006. B. Grand Avenue Improvements Project — Phases I&II SE/Yee reported that this project began the first week of September 2006. The first order of business was clearing and grubbing the medians. The median curbs and gutters have been reconstructed and the irrigation system and moisture barriers are being installed at this time. The bulk of the paving work is slated to begin toward the end of October at night to minimize traffic concerns. The paving is scheduled for completion by the end of November 2006 with the remainder of the project to be completed sometime in December 2006. C. Traffic Signal modifications and Installations Project SE/Yee stated that there are a number of signals under contract for modification. Four intersections are scheduled for protected/permissive left turn upgrades: Brea Canyon Road/Silver Bullet; Diamond Bar OCTOBER 12, 2006 PAGE 3 T&T COMMISSION Boulevard/Mountain Laurel; Golden Springs/Prospectors and Diamond Bar Boulevard/Highland Valley Road. Improvement work is in process at the Diamond Bar Boulevard/Grand Avenue intersection. Signalization work is scheduled to begin in November. To date, work has been completed on the installation of the signal interconnect within the same footprint as the Grand Avenue Phase II. D. Target/Brookfield Homes Project AE/Molina announced that Target's Grand Opening was held on Sunday, October 8 with a soft opening on Tuesday, October 3. Council Members attended the ribbon -cutting ceremonies and the store was unofficially open during the remainder of the week. On Sunday the parking lot was full. Target is currently in plan check to separate the two remaining corner parcels. Once the final map is approved, Target intends to sell the lots for potential restaurant and retail use. Brookfield Homes is finalizing Phase I of the 10 attached townhouses with models opening in November. Chair/Shah asked about the status of the Edison Power Pole relocation. PWD/Liu responded that the latest information is that Edison came back and suggested the lawsuit be settled. Chair/Shah asked if the entry to the townhomes along Grand Avenue would be available to the public. AE/Molina responded that the entry along Grand Avenue is an emergency access only that will have a gate available to the Fire Department and the HOA. Visitors and residents will be using the access off of Lavendar Drive, the driveway that leads into Target. E. Industry's Grand Avenue Bridge Widening/Interchange Project PWD/Liu reported that the design team has been looking at several alternatives. D.B. is concerned about whether the widening of the Grand Avenue bridge improvements will assist in a permanent fix of the SR57/60 interchange. During today's meeting with Industry, D.B. learned that the City of Industry realized the improvements would need to fit with the long-term vision for fixing the problems along the SR57/60 interchange. Additionally, MTA is conducting a focused feasibility study to help guide the MTA and Caltrans in targeting viable alternatives. PWD/Liu further stated that D.B. wants to make certain that there is enough capacity to accommodate commuters as well as additional truck traffic. Chair/Shah asked how MTA would be involved in this process. PWD/Liu explained that a few years ago the County planned to conduct a major investment study that would have cost $500,000 or more. This study was scaled back to a feasibility study to look at all possibilities for addressing long- term needs of the interchange area, a study that cost only $200,000. D.B. and Industry each paid $50,000 toward the study and MTA paid the balance of $100,000. An evaluation of the freeway mainline, ramps, and selected arterial OCTOBER 12, 2006 PAGE 4 T&T COMMISSION segments in the vicinity of the interchange will be conducted by MTA. Further, transportation alternatives need to be developed to address the predicted future traffic situations (year 2030). F. Lemon Avenue On/Off Ramps Project PWD/Liu reported that by the end of October, a draft project report would be distributed to all stakeholders. The project is on schedule with four alternatives that include a "no build" alternative and three alternatives with associated costs ranging between $10 million and $22 million. C/Mok recalled that Walnut's school district property to the north could be impacted by this project and asked if they were on the list of stakeholders to which PWD/Liu responded that they were. One of the alternatives is to build a collector road along the north side of the freeway that would run adjacent to the SR60 between Lemon Avenue and Brea Canyon Road, which could impact the school district property as well as some residential properties. C/Lin felt that the project would move traffic from Brea Canyon Road about a quarter mile west and the only traffic that would be impacted would be the eastbound left -turn traffic onto Lemon Avenue. The westbound Brea Canyon Road traffic will be eliminated. The traffic impact on Golden Springs Drive between Lemon Avenue and Brea Canyon Road will be impacted to a certain extent. Other than that, he saw no negative impacts to traffic in that area of D. B. Chair/Shah said he questioned building an interchange that was only'/4 mile from Brea Canyon Road because with the railroad interchange it will be a congested situation on Lemon Avenue with the trucks sitting on the railroad track. Secondly, there should be an analysis of the value of constructing such an interchange. C/Lin felt that to do the job right it would cost in excess of $1 billion. He supposed that all that could be done would be to incorporate the best solution for the least cost because the condition would likely worsen over time. At this time the MTA is moving ahead with improvements to the 710 Freeway. He said he was pleased that there was a feasibility study in the works to determine a real solution. G. Prospectors Road Street Rehabilitation Project AE/Molina reported that this project was currently under design with design plans approximately 90 percent complete. Staff is currently reviewing the plans for final approval. During the boring process it was discovered that over the entire length of Prospectors Road from Sunset Crossing Road to Golden Springs Drive only two inches of asphalt pavement exists. As a result, staff needs to consider the additional cost. OCTOBER 12, 2006 PAGE 5 T&T COMMISSION In response to Chair/Shah, AE/Molina stated that staff recently sent notices to the utility companies of the City's intent to proceed with this project. At this point the design consultant found no conflict with utilities. H. NTMP Pilot Project AE/Molina reported on the location of the pilot projects and mitigation measures that have been installed. The improvements are complete except for the additional striping around the speed cushions. Staff has received feedback that the traffic circles and the Texas dots appear to be the mitigation measures that some residents find most difficult to get used to. Toward the end of the pilot project staff will hold follow up meetings with residents in the affected areas to receive their feedback. Traffic data is being collected to determine the effectiveness of the mitigation measures. C/Mok asked if staff required 67 percent approval by the residents in order for the devices to be installed and PWD/Liu responded not for the pilot project. However, the City would need a 67 percent majority for subsequent permanent solutions. C/Mok asked how easy it would be for staff to remove the devices installed during the pilot project if they were found to be ineffective and absent community support. PWD/Liu reiterated that priorto determining whether any devices are to be removed the City would proceed with the follow up survey and residential meetings. Slurry Seal Area 2 AE/Molina stated that with the exception of a few punch list items that need attention — repair items where damage may have occurred from trash trucks and vehicles wheels turning, the project was essentially complete. Washington Street Cul -de -Sac AE/Molina reported that Washington Street residents were concerned that their cul-de-sac may one day open to through traffic. However, in accordance with the City's intent, the street will remain a cul-de-sac and the City will be installing an up -to -standard cul-de-sac with emergency access for fire and other emergency services. Plans were submitted for first plan check and once staff has reviewed the plans and submitted comments back to the designer the project will move forward. K. Brea Canyon Road ACE Grade Separation Project SE/Yee stated that the project has commenced the end of July and southbound Brea Canyon Road is closed from Spanish Lane to Washington Street and northbound, only one lane is open to traffic. Full closure of northbound lanes will occur the end of November with an alternative access to the Metrolink station. The project is on schedule at this time. OCTOBER 12, 2006 PAGE 6 T&T COMMISSION L. SR57/60 Feasibility Study Previously discussed. M. Pomona Valley Intelligent Transportation System (PVITS) SE/Yee reported that staff received six proposals at the end of September and recently met with the evaluation committee to select four firms, each of which will be interviewed on October 23. Portions of the project are contingent upon the County's implementation of their portion of the system. PWD/Liu stated that all Commissioners are required to attend an ethics class in accordance with AB 1234 prior to the end of the year. Staff is looking to the City Attorney to coordinate all three D.B. Commissions with the Chino Hills Commissions. Tentative date for the class is November 1, 2006 with the time to be announced. PWD/Liu reported that staff will be planning another joint meeting of the Commissions with the City Attorney to discuss Brown Act issues, meeting management, etc. This workshop will allow each Commissioner to gain a greater comfort level about his/her responsibilities and duties. Chair Shah asked for Commissioner Comments. C/Mok asked if the November Transportation Bond impacted some of the projects in the D.B. area. PWD/Liu explained that if approved, Proposition 1B would provide D.B. with $500,000 or more annually for roadway improvements. C/Lin said it was a pleasure to have excellent staff to work with. X. SCHEDULE OF FUTURE CITY EVENTS: As listed in the Agenda. OCTOBER 12, 2006 PAGE 7 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chair/Shah adjourned the meeting at 9:04 p.m. Respectfully, f- r� Dkd 1Liu, Secretary Attest: C' h Charman Jack Shah / Agenda # fi _ 4 Meeting Date: December 5, 2006 CITY COUNCIL �t� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man 4 TITLE: Ratification of Check Register date November 16, through November 29, 2006. RECOMMENDATION: Ratify Check Register containing checks dated November 16, through November 29, 2006 totaling $644,759.14. FINANCIAL IMPACT: Expenditure of $644,759.14 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 November 16, 2006 through November 29, 2006 for $644,759.14 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: � "��Financd D ector Assistant City nager Attachments: Affidavit and Check Register -11/16/06 through 11/29/06 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 November 16, 2006 through November 29, 2006 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Fund # Description Amount 001 General Fund $572,626.96 011 Community Organization Support Fd $75.00 112 Prop A - Transit Fund 22 626.61 115 Int. Waste Mgt Fund 7827.17 118 AB2766 - AQMD Fund 1,102.06 125 CDBG Fund 10,253.18 138 LLAD #38 Fund 12,866.62 139 LLAD #39 Fund 5,549.03 141 LLAD #41 Fund 9,096.24 250 Capital Improvement Project Fund 2,736.27 $644,759.14 Signed: Mag on Finance Director Check Date 1 Check N City of Diamond Bar - Check Register 11/15/06 - 11/29/06 Vendor Name i�cionnc vwvv I v"6 -PP 3 2 I rA'rROLL I RAiVSFEK 11/16/2006 P/R TRANSFER-06/PP 23 PAYROLL TRANSFER 11/16/2006 118 PAYROLL TRANSFER 11/16/2006 P/R TRANSFER-06/PP 23 PAYROLL TRANSFER 11/16/2006 139 PAYROLL TRANSFER 11/16/2006 1,187.18 PAYROLL TRANSFER 11/16/2006 940.93 PAYROLL TRANSFER 11/16/2006 940.94 PAYROLL TRANSFER Transaction Description I Fund/ Dept P/R TRANSFER-06/PP 23 001 P/R TRANSFER-06/PP 23 112 P/R TRANSFER-06/PP 23 115 P/R TRANSFER-06/PP 23 118 P/R TRANSFER-06/PP 23 125 P/R TRANSFER-06/PP 23 138 P/R TRANSFER-06/PP 23 139 P/R TRANSFER-06/PP 23 141 Acct # Amount Total Check Amount 10200 120,491.21 $133,973.90 10200 4,066.62 11/16/2006 10200 4,303.99 CONTRACT CLASS -FALL 10200 1,102.06 177.00 10200 1,187.18 10200 940.93 10200 940.94 10200 940.97 JARAMARK WORK APPAREL & UNIFORM SVCS 11/16/2006 73282 ADVANTEC CONSULTING ENGINEERS INC C/WIDE TRAFFIC SGNL-OCT 0015510 44000 4,051.60 $4,051.60 11/16/2006 73283 ICHRISTINE ANN ANGELI CONTRACT CLASS -FALL 0015350 45320 177.00 $177.00 11/16/2006 73284 JARAMARK WORK APPAREL & UNIFORM SVCS JUNIFORM SVCS -WK 11/9 0015310 42130 26.75 $26.75 11/16/2006 73285 LIN DA ARNERO PK REFUND-REAGAN 001 23002 1 50.00 $50.00 11/16/2006 73286 THOMAS AU RECREATION REFUND 001 34780 80.001 $80.00 11/16/2006 73287 BASHFORD ENTERPRISES IHIP PROG-310 BALLENA 1255215 44000 8,845.20 $8,845.20 11/16/2006 73288 BENESYST 11/17-P/R DEDUCTIONS 001 21105 415.05 $415.05 11/16/2006 73289 IBEST LIGHTING PRODUCTS SUPPLIES -DIST 38 1 1385538 42210 492.58 $492.58 11/16/2006 1 73290 IBRAHMA FOUNDATION COMM ORG SUPPORT FUND 1 0114010 42355 75.00 $75.00 11/16/2006 1 73291 JCAAP PK REFUND -DBC 1 001 23002 100.00 $100.00 Page 1 City of Diamond Bar - Check Register 11/15/06 -11/29/06 Check Date Check Number Vendor Name Transaction Description I Fund/ Dept Acct #Amount Total Check Amount 11/16/2006 1 73294 ICENTER ICE SKATING ARENA ICONTRACT CLASS -FALL 0015350 1 45320 $243.00 11/16/2006 73295 CHARTER OAK GYMNASTICS, INC. 1CONTRACT CLASS -FALL 0015350 34430 23010 11/16/2006 45320 44.40 $44.40 001 23010 11/16/2006 CIVIC SOLUTIONS INC 11/16/2006 73296 JDANIEL CHAVEZ PK REFUND-REAGAN 001 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-211 001 23002 50.00 $50.00 I 11/1612006 I 73297 (CHURCH OF THE VALLEY PK REFUND-SYC CYN PK 1 001 1 23002 11/16/2006 1 73298 ICITY CLERKS ASSOC. OF CALIFORNIA MEMBRSHP DUE-CRIBBN/DOYLE 0014030 42315 11/16/2006 11/16/2006 73299 CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC ADMIN FEE -FPL 2005-143 ADMIN FEE -FPL 2005-143 001 001 34430 23010 11/16/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-211 001 23010 11/16/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-211 001 23010 11/16/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-211 001 34430 11/16/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-189 001 23010 11/16/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-189 001 23010 11/16/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-189 001 34430 11/16/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-224 001 23010 11/16/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-224 001 23010 11/16/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-224 001 34430 11/16/2006 CIVIC SOLUTIONS INC PROF. SVCS -FPL 2005-147 001 23010 11/16/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2005-147 001 23010 11116/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2005-147 001 34430 11/16/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-206 001 23010 11/1612006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-206 001 23010 11/16/2006 CIVIC SOLUTIONS INC ADMIN FEE -FPL 2006-206 001 34430 11/16/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2005-143 001 23010 11/1612006 CIVIC SOLUTIONS INC PROF.SVCS-PLNG 0015210 44000 11/1612006 CIVIC SOLUTIONS INC PROF.SVCS-PLNG 0015210 44000 11/1612006 CIVIC SOLUTIONS INC PROF.SVCS-PLNG 0015210 44000 11/16/2006 CIVIC SOLUTIONS INC PROF.SVCS-PLNG 0015210 44000 11/16/2006 CIVIC SOLUTIONS INC PROF.SVCS-PLNG 0015210 44000 11/16/2006 CIVIC SOLUTIONS INC PROF.SVCS-PLNG 0015210 44000 11/16/2006 CIVIC SOLUTIONS INC PROF.SVCS-PLNG 0015210 44000 Page 2 $50.00 $220.00 Check Date I Check City of Diamond Bar - Check Register 11/15/06 -11/29/06 venaor Name I Transaction Description I Fund/ Dept I Acct # Amount Total Check 11/16/2006 1 73300 SANDRA CLARKE REIMB-SUPPLIES SHERIFF 0014415 1 42325 1 226.971 $226.97 , 3,306.23 $37,330.72 11/16/2006 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B 001 34410 11/16/2006 1 73301 CLOUT MEMBERSHIP DUES 0014090 42315 20.00 $20.00 11/16/2006 11/1612 73302 IMARTIN MARTIN CORTEZ CORTEZ RECREATION REFUND RECREATION REFUND 001 001 34780 34780 001 23010 40.00 -40.00 $0.00 11/1612006 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B 001 34410 -1,308.15 11/16/2006 73303 DENNIS CAROL PROF.SVCS-SS/CC MTG 1 0014030 44000 175.001 $175.00 11/16/2006 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B 001 23010 2,294.60 11/16/2006 73304 DIAMOND BAR COMMUNITY FOUNDATION SPONSORSHIP-HLDAY GALA 1 0014010 42325 1 850.00 $850.00 11/16/2006 ENVIRONMENTAL IMPACT SCIENCES PROF.SVCS-FPL 2005-147-B 001 23010 8,499.09 11/16/2006 73305 DIAMOND BAR FRIENDS OF THE LIBRARY jPK REFUND -DBC 1 001 23002 500.00 $500.00 11/16/2006 73306 DIAMOND BAR FRIENDS OF THE LIBRARY PK REFUND -DBC 001 1 23002 1 500.00 $500.00 11/16/2006 73307 IDIAMOND BAR IMPROVEMENT ASSOCIATION AD -HOLIDAY RIDE 0014095 42115 450.001 $450.00 11/16/2006 73308 DIEHL EVANS AND COMPANY LLP PROF.SVCS-AUDITING 0014050 1 44010 6,500.00 $6,500.00 11/16/2006 11/16/2006 73309 DIVERSIFIED PARATRANSIT INC DIAMOND RIDE -10/16-10/31 1 73310 DOG DEALERS INC CONTRACT CLASS -FALL 1 1125553 0015350 1 45529 45320 1 177380.99 340.801 $17,380.99 $340.80 11/16/2006 73311 CHRISTINA DOMINQUEZ jPK REFUND-REAGAN 001 23002 50.00 $50.00 11/16/2006 11/16/2006 73312 ENVIRONMENTAL IMPACT SCIENCES ENVIRONMENTAL IMPACT SCIENCES PROF.SVCS-FPL 2005-147-B ADMIN FEE -FPL 2005-147-B 001 001 23010 23010 3,306.23 $37,330.72 11/16/2006 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B 001 34410 595.12 -595.12 11/16/2006 ENVIRONMENTAL IMPACT SCIENCES PROF.SVCS-FPL 2005-147-B 001 23010 7,267.50 11/16/2006 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B 001 23010 1,308.15 11/1612006 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B 001 34410 -1,308.15 11/16/2006 ENVIRONMENTAL IMPACT SCIENCES PROF.SVCS-FPL 2005-147-B 001 23010 12,747.75 11/16/2006 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B 001 23010 2,294.60 11/16/2006 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B 001 34410 -2,294.60 11/16/2006 ENVIRONMENTAL IMPACT SCIENCES PROF.SVCS-FPL 2005-147-B 001 23010 8,499.09 11/16/2006 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B 001 23010 1,529.84 Page 3 City of Diamond Bar - Check Register 11/15/06 - 11/29/06 Check Date Check Number Vendor Name LONG DIST SVCS Transaction Description Fund/ Dept Acct # Amount Total Check Amount 1 v16/2nn6 I 73312 73314 FEDEX EXPRESS MAIL -GENERAL 11/16/2006 11/16/2006 11/16/2006 11/16/2006 11/16/2006 1 111 6/2 0 0 6 •• vvulvIYwICIVIHL IIVIPAI.I SCitNctS -" IfA^� 1vlCN I ADMIN FEE -FPL 2005-147-B ENVIRONMENTAL IMPACT SCIENCES PROF.SVCS-FPL 2005-147-6 ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B ENVIRONMENTAL IMPACT SCIENCES PROF.SVCS-FPL 2005-147-B ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B ENVIRONMENTAL IMPACT SCIENCES ADMIN FEE -FPL 2005-147-B 001 001 001 001 001 001 001 34410 23010 23010 34410 23010 23010 34410 -1,529.84 4,537.31 816.72 -816.72 972,84 175.11 -175.11 $37,330.72.. Page 4 txNMtSS TEL LONG DIST SVCS 0014090 42125 59.84 $59.84 11/16/2006 73314 FEDEX EXPRESS MAIL -GENERAL 0014090 42125 36.35 $36.35 11/16/2006 73315 FOOD FROM THE HEARTH CATERING SUPPLIES -VET DAY RECOG 0015350 45300 2,186.25 $2,186.25 11/16/2006 73316 IDEBBIE GARCIA RECREATION REFUND 11 001 1 34780 80.00 $80.00 11/16/2006 73317 CHAD GONELLA CONTRACT CLASS -FALL 0015350 45320 1 816.00 $816.00 11/16/2006 73318 GRENLOCH MULTIMEDIA PRODUCTIONS ICONSULTING SVCS -CABLE TV 0014095 44000 105.00 $105.00 11/16/2006 73319 ANNETTE HAMPTON- HATCHER RECREATION REFUND 001 34730 10.00 $10.00 11/16/2006 I 73320 IMARK HARVEY PK REFUND-PANTERA 001 23002 100.00 $100.00 11/16/2006I 73321 JINLAND ROUNDBALL OFFICIALS OFFICIAL SVCS -11/12 0015350 45300 720.00 $720.00 11/16/2006 73322 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2005-166 11!16/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-189 001 23010 252.00 $2,953.20 11/16/2006 INLAND VALLEY DAILY BULLETIN PK REFUND -FPL 2005-168 001 23010 268.80 11/16/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-231 001 23010 216.00 11/1612006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-230 001 23010 184.80 11/16/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-200 001 23010 204.00 11/16/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-233 001 23010 212.40 11/16/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2005-147 001 23010 176.40 11/16/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD-CDBG 001 23010 363.60 11/16/2006 INLAND VALLEY DAILY BULLETIN 1255215 44000 220,80 LEGAL AD -NOTICE TO BIDDER 0014030 1 42115 247 9n Page 4 11/16/2006 11/16/2006 11/16/2006 11/16/2006 11/16/2006 11/16/2006 11/16/2006 City of Diamond Bar - Check Register 11/15/06 -11/29/06 GEN LEGAL SVCS -AUG 06 LEGAL SVCS -COM DEV AUG LEGAL SVCS-P/WORKS OCT LEGAL SVCS -LIBRARY OCT LEGAL SVCS -SCRIBBLES OCT LEGAL SVCS -SCE OCT LEGAL SVCS-AERA ENERGY 0014020 0014020 0014020 0014020 0014020 0014020 0014020 1 44020 44020 44020 44021 44021 44021 44021 189.001 $189.001 5,208.30 3,004.60 597.60 21.60 9,172.46 1,209.60 879.80 $20,093.96 LEWIS ENGRAVING INC. Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # 73328 JIMMY LIN T&T COMM -10/12 Amount Total Check Amount io"/2uu6 11116/2006 11/16/2006 73322... JINLAND VALLEY DAILY BULLETIN INLAND VALLEY DAILY BULLETIN INLAND VALLEY DAILY BULLETIN LEGAL AD -COMM SVCS LEGAL AD -PUBLIC HEARING LEGAL AD -PUBLIC WORKS 0015350 0015510 0015510 42115 42115 42115 96.00 258.00 253.20 $2,953.20 ... 743.00 $743.00 11/16/2006 73330 DEEPA MATHUR PK REFUND -PETERSON 1 001 11/16/2006 73323 ESTHER ISHITANI PK REFUND-PANTERA 001 23002 100.00 $100.00 MCE CORPORATION ROAD MAINTENANCE -SEPT 06 0015554 1 45502 4,887.69 11/16/2006 73324 GIROHARI JASWAL PK REFUND -DBC 001 23002 500.00 $500.00 11/16/2006 11/16/2006 11/16/2006 11/16/2006 11/16/2006 11/16/2006 11/16/2006 73325 JENKINS & HOGIN, LLP JENKINS & HOGIN, LLP JENKINS & HOGIN, LLP JENKINS & HOGIN, LLP JENKINS & HOGIN, LLP JENKINS & HOGIN, LLP JENKINS & HOGIN, LLP GEN LEGAL SVCS -AUG 06 LEGAL SVCS -COM DEV AUG LEGAL SVCS-P/WORKS OCT LEGAL SVCS -LIBRARY OCT LEGAL SVCS -SCRIBBLES OCT LEGAL SVCS -SCE OCT LEGAL SVCS-AERA ENERGY 0014020 0014020 0014020 0014020 0014020 0014020 0014020 1 44020 44020 44020 44021 44021 44021 44021 189.001 $189.001 5,208.30 3,004.60 597.60 21.60 9,172.46 1,209.60 879.80 $20,093.96 11/16/2006 I 73326 KIDSTAR PERFORMING ARTS ICONTRACT CLASS -FALL 0015350 1 45320 189.001 $189.001 11/16/2006 73327 LEWIS ENGRAVING INC. ENGRAVING SVCS -BADGES 0015350 41200 145.20 $145.20 11/16/2006 73328 JIMMY LIN T&T COMM -10/12 0015510 44100 45.00 $45.00 11/16/2006 1 73329 ILOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE -SEPT 06 1 0015510 1 45530 1 743.00 $743.00 11/16/2006 73330 DEEPA MATHUR PK REFUND -PETERSON 1 001 1 23002 1 50.001 $50.00 11/16/2006 11/16/2006 73331 MCE CORPORATION MCE CORPORATION VEGETATION CONTROL -SEPT RIGHT-OF-WAY MAINT-SEPT 0015558 45508 6,406.15 $139,953.03 11/16/2006 MCE CORPORATION RIGHT-OF-WAY MAINT-AUG 0015554 0015554 45522 45522 2,871.27 3,251.17 11/16/2006 MCE CORPORATION SIDEWALK MAINT-AUG 0015554 45504 88,918.38 11/16/2006 MCE CORPORATION SIGNS AND STRIPING -AUG 0015554 45506 12,523.84 11/16/2006 MCE CORPORATION ROAD MAINTENANCE -AUG 06 0015554 45502 21,094.53 11/16/2006 MCE CORPORATION ROAD MAINTENANCE -SEPT 06 0015554 1 45502 4,887.69 11/1512006 I 73332 KATHERINE MENDOZA PK REFUND -DB( nna �onn� Page 5 11/16/2006 73339 City of Diamond Bar - Check Register 11/15/06 PK REFUND -DBC 11/16/2006 RETIRE CONTRIB-ER RETIRE CONTRIB-EE SURVIVOR BENEFIT - 11/29/06 PK REFUND -DBC 11/1612006 RICHARD PARKHOUSE FACILITY RENTAL 001 001 001 21109 21109 21109 Total Check Amount pChelfDate Check NumberVendor Name Transaction Description Fund/ Dept Acct # Amount 6/2006 78333 = 0m �crx,Mu LLJI'1 IVICRV/1UV PK REFUND-SYC CYN PK 001 001 001 21109 21109 21109 328,77 208.88 8.00 001 23002 11/16/2006 73342 PERVO PAINT CO SUPPLIES -ROAD MAINT 50.00 $50.00 0015554 11/16/2006 73334 LAUREL MEYER REIMB-SUPPLIES 11/16/2006 11/16/2006 11/16/2006 0015350 41200 1 FUEL-NGHBRHD IMP FUEL -ROAD MAINT FUEL -COMM SVCS 66.21 $66.21 1 - 42310 42310 42310 IKENNETH MOK T&T COMM -10/12 229.34 228.99 180.17 11/16/2006 1 0015510 44100 45.00 $45.00 11/16/2006 73336 IPATRICIA MOLINA PK REFUND -DBC 1 0015554 41250 300.08 001 23002 650.00 $650.00 11/16/2006 73337 GATHONI NDUATI PK REFUND-SYC CYN PK $536.93 0015554 41250 536.93 001 11/16/2005 73346 JEAN SAMUELS 23002 150.00 $150.00 11/16/2006 73338 HEATHER NUOUES CONTRACT CLASS -FALL 45509 637.00 0015350 45320 11/16/2006 73347 SCMAF MTGS COMM SVCS STAFF 180.00 $180.00 11/16/2006 73339 RICHARD PARKHOUSE PK REFUND -DBC 11/16/2006 RETIRE CONTRIB-ER RETIRE CONTRIB-EE SURVIVOR BENEFIT RICHARD PARKHOUSE PK REFUND -DBC 11/1612006 RICHARD PARKHOUSE FACILITY RENTAL 001 23002 200.00 $885.00 001 23002 700.00 001 36615 -15.00 11/16/2006 11/16/2006 11/16/2006 73340 PERS RETIREMENT FUND PERS RETIREMENT FUND PERS RETIREMENT FUND RETIRE CONTRIB-ER RETIRE CONTRIB-EE SURVIVOR BENEFIT $21,154.81 001 001 001 21109 21109 21109 12,924.42 8,186.68 43.71 11/16/2006 11/16/2006 11/16/2006 73341 PERS RETIREMENT FUND PERS RETIREMENT FUND PERS RETIREMENT FUND RETIRE CONTRIB-ER RETIRE CONTRIB-EE SURVIVOR BENEFIT $546.65 001 001 001 21109 21109 21109 328,77 208.88 8.00 11/16/2006 73342 PERVO PAINT CO SUPPLIES -ROAD MAINT $168.55 0015554 41250 168.55 11/16/2006 11/16/2006 11/16/2006 73343 PRINCE SHANT CORP PRINCE SHANT CORP PRINCE SHANT CORP FUEL-NGHBRHD IMP FUEL -ROAD MAINT FUEL -COMM SVCS $638.50 0015230 0015554 0015310 42310 42310 42310 229.34 228.99 180.17 11/16/2006 1 73344 IS C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT $300.08 1 0015554 41250 300.08 11/16!2006 73345 SAFEWAY SIGN COMPANY SUPPLIES -ROAD MAINT $536.93 0015554 41250 536.93 11/16/2005 73346 JEAN SAMUELS REFUND -TREE REMOVAL $637.00 0015558 45509 637.00 11/16/2006 73347 SCMAF MTGS COMM SVCS STAFF $87.00 I 015350 42325 87 00 Page 6 City of Diamond Bar - Check Register 11/15/06 - 11/29/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount Total Check Amount 11/16/2006 I 73348 JACK SHAH 1,342.89 $3,212.60 11/16/2006 11/16/2006 11/16/2006 73349 SIGN CONTRACTORS INC SIGN CONTRACTORS INC SIGN CONTRACTORS INC 0015350 11/16/2006 73350 SKYHAWKS SPORTS ACDEMY T COMM -10/12 ED FORCES ED FORCES ED FORCES CONTRACT CLASS -FALL 0015510 I 44100 I 45.00 $45.00 0015350 45300 1,342.89 $3,212.60 0015350 45300 1,566.71 0015350 45300 303.00 ELECT SVCS -TRAFFIC CONTRL 0015350 45320 1 54.00 $54.00 11/16/2006 73351 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 51.45 $6,852.33 11116/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 44.71 22.06 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 79.45 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 44.10 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 50.32 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 51.45 11/1612006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 44.10 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 720.77 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 12.36 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 39 1415541 42126 13.83 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 12,38 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 5,365.86 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 63.22 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 48.90 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 37.95 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 116.84 11/16/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 1 0015510 42126 40.97 31.59 11/16/2006 73352 ROBERT SULLIVAN PK REFUND -DBC 06 1,736615 11/16/2006 ROBERT SULLIVAN PROPERTY DAMAGE 002 500.00 $466.00 001 34.00 11/16/2006 73353 TENNIS ANYONE CONTRACT CLASS -FALL 001535- 45320 4,612.30 $4,612.30 11/16/2006 73354 ITHE ARTIME GROUP BRAND GUIDE 0014095 R44000 4,000.00 $4,000.00 Page 7 11/16/2006 73358 City of Diamond Bar - Check Register 11/15/06 -11/29/06 001 42140 210.00 42126 42126 42126 42126 42126 11/16/2006 001 SEEMA VERMA RECREATION REFUND 47.29 11/16/2006 Date L! Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount 73365 11!16!2006 78355 ITM"�� i i�nrnu �.VIV � RVL JEF(VllE IIVI; SUPPLIES -ROAD MAINT 0015554 41300 192.551$192.55 11/16/2006 73356 TRENCH PLATE RENTAL CO SUPPLIES -ROAD MAINT 0015554 42130 120.00 $120.00 11/16/2006 73357 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICALS T 001406042345 120.00 $120.00 11/16/2006 ANNA VALENZUELA STAFF TIME -DBC 23002 36615 500.00 -102.00 $398.00 11/16/2006 73359 LEONOR VALENZUELA PK REFUND-REAGAN 001 23002 50.00 $50.00 11/16/2006 73360 VANTAGEPOINT TRNSFR AGNTS-303248 111/1 7/06 -PIR DEDUCTIONS 001 21108 5,154.34 $5,154.34 11/16/2006 73361 CHRISTOPHER VELASCO PK REFUND-PANTERA 001 $100.00 23002 100.00 11/16/2006 73358 ANNA VALENZUELA PK REFUND -DBC 001 42140 210.00 42126 42126 42126 42126 42126 11/16/2006 001 11/16/2006 I 73362 IVERIZON CALIFORNIA PH SVCS -HERITAGE PK 0015350 42140 210.00 42126 42126 42126 42126 42126 11/16/2006 73363 SEEMA VERMA RECREATION REFUND 47.29 11/16/2006 73364 VOICE OF LOVE PK REFUND-SYC CYN PK $50.00 11/16/2006 11/16/2006 73365 WALNUT VALLEY UNIFIED SCHOOL DIST WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL -OCT 06 FACILITY RENTAL -OCT 0015340 I 42125 I 66.05 $66.051 0015350 42140 210.00 42126 42126 42126 42126 42126 001 34780 40.00 $40.00 47.29 001 23002 50.00 $50.00 0015350 42140 1,900.00 $2,110.00 0015350 42140 210.00 42126 42126 42126 42126 42126 11/16/2006 11/16/2006 11/16/2006 11/16/2006 11/16/2006 73366 WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 WATER SVCS -DIST 39 WATER SVCS -DIST 41 WATER SVCS -PARKS WATER SVCS -DBC 1385538 1395539 1415541 0015340 0015333 42126 42126 42126 42126 42126 11,310.1 4,584.E 8,142.E 9,313.6 166.1 $33,518.09 11/16/2006 73367 LE HONG WANG CONTRACT CLASS -FALL 0015350 45320 216.00 $216.00 11/16/2006 73368 WELLS FARGO BANK FORTIS TRNG-D GONZALES 0014090 42340 391.70 11/16/2006 WELLS FARGO BANK $5,532.50 FORTIS TRNG-ISAAC AZIZ 0014090 42340 391.70 11116/2006 WELLS FARGO BANK SUPPLIES -HALLOWEEN 0015350 41200 39.46 11/16/2006 WELLS FARGO BANK SUPPLIES -HALLOWEEN 0015350 41200 256.94 111 16/2006 WELLS FARGO BANK SUPPLIES -HALLOWEEN 0015350 41200 47.29 Page 8 City of Diamond Bar - Check Register 11/15/06 - 11/29/06 Check Date Check Number Vendor Name Transaction �Fund/D.pt Acct # Amount Total Check Amount 11/16!2006 ���aQ . vvuv..• ° _L L � -• YYGLLJ rrvculr [SHrvK SUPPLIES -COMM SVCS 0015310 412007278 11/16/2006 WELLS FARGO BANK SUPPLIES -CITY MANAGER $5,532.50 ... WELLS FARGO BANK 0014030 4120011/16/2006 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 4120011/16/2006 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 4120011/16/2006 11/16/2006 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 11/16/2006 WELLS FARGO BANK SUPPLIES -HALLOWEEN 0015350 41200 394.01 11/16/2006 WELLS FARGO BANK SUPPLIES -HALLOWEEN 0015350 41200 39.88 11/16/2006 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 146.80 11/16/2006 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 101.92 11/16/2006 WELLS FARGO BANK SUPPLIES -HALLOWEEN 0015350 41200 231.24 11/16/2006 WELLS FARGO BANK SOFTWARE -TRANSIT SYSTEMS 0014070 42205 995.00 11/16/2006 WELLS FARGO BANK SOFTWARE -TRANSIT SYSTEMS 0014070 42205 399.00 11/16/2006 MTG SUPPLIES -PUBLIC WORKS 0015551 42325 98.30 11/16/2006 WELLS FARGO BANK SUPPLIES -HALLOWEEN 0015350 41200 11.79 11/16/2006 WELLS FARGO BANK SUPPLIES -HALLOWEEN 0015350 41200 176.82 WELLS FARGO BANK SUPPLIES -HALLOWEEN 0015350 41200 19.27 11/16/2006 WELLS FARGO BANK SOFTWARE -TRANSIT SYSTEM 0014070 42205 11/1612006 WELLS FARGO BANK MEMO CREDIT-I.T. 995.00 11/16/2006 IWELLS FARGO BANK 0014070 42205 -125.00 SUPPLIES -PUBLIC WORKS 0015510 41200 278.00 11/16/2006 73369 WORLDWIDE BINGO SUPPLIER SUPPLIES -SR BINGO 0015350 41200 509.66 $509.66 11/16/2006 1 73370 IPAUL WRIGHT A/V SVCS-CNCL MTG,T/D 0014090 44000 280.00 $280A0 11/16/2006 73371 ZUMAR INDUSTRIES INC SUPPLIES -ROAD MAINT 0015554 41250 736.22 $736.22 11/22/2006 73372 JAARP MATURE DRIVING CLASS 0015350 45300 110.00 $110.00 11/22/2006 73373 JALLIANT INSURANCE SERVICES INC- /1 core EVENT INS -SNOW �� �.� -owvvv uv rwi 0015350 45300 315.62 315 .6-2-1 11/22/2006 11/22/2006 11/22/2006 11/22/2006 11/2212006 11/22/2006 73374 ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-510 ADMIN FEE -EN 06-510 ADMIN FEE -EN 06-510 ADMIN FEE -EN 06-528 ADMIN FEE -EN 06-528 PROF.SVCS-EN 04-413 001 001 001 001 001 001 23012 23012 34650 23012 34650 23012 340.00 61.20 -61.20 262.80 262.80 450.00 $3,505.00 Page 9 Page 10 City of Diamond Bar - Check Register 11/15/06 - 11/29/06 Check Date Check Number Vendor NameE:::�� Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/22/2006 1 73374 ePPnvn ��r.r�l ., GEOTECHNICAL CORP ADMIN FEE EN 04-413 001 11/22/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE EN 04-413 23012 81.00 $3,505.00 ... 11/22/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-496 001 34650 -81,00 11/22/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 05-496 001 23012 162.00 11/22/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-507 001 34650 -162.00 11/22/2006 ARROYO GEOTECHNICAL CORP 001 23012 355.00 11/22/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-507 001 23012 63.90 11/22/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-507 001 34650 -63.90 11/22/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-528 001 23012 1,460.00 PROF.SVCS-EN 05-496 001 1 23012 1 900.00 11/22/2006 73375 ITHOMAS AU PK REFUND-PANTERA 001 23002 50.00 $50.00 11/22/2006 73376 BOULEVARD BAGELS MTG SUPPLIES-P/WORKS 0015510 42325 81.24 $81.24 11/22/2006 73377 CASINO DE PARIS CORP ENTERTAINMENT-H/DAY PARTY 0014090 42325 1,900.00 $1,900.00 11/2212006 73378 IMARIANNE CORTEZ RECREATION REFUND 001 34780 40.00 $40.00 11/22/2006 73379 IVICTORIA CROSS CONTRACT SVCS-H/R 0014060 44000 3,315.00 $3,315.0D 11/22/2006 73380 DAVID EVANS AND ASSOCIATES INC DESIGN SVCS -GOLF COURSE 11/22/2006 DAVID EVANS AND ASSOCIATES INC$12.892.99 PROF.SVCS-PETERSON PK 0014090 44000 10,156.72 2505310 46415 2,736.27 11/22/2006 73381 DAY & NITE COPY CENTER PRINT SVCS -PARKS 11/22/2006 DAY & NITE COPY CENTER 0015350 42110 251.87 $994.73 11/22/2006 DAY &NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 405.94 PRINT SVCS -SNOW FEST 0015350 42110 336.92 11/22/2006 73382 DEPT OF TRANSPORTATION TRAFFIC MAINT-SEPT 06 0015554 45507 825.66 1 $825.66 11/22/2006 73383 IDIAMOND BAR GOLF COURSE REC DINNER-V/PATROL 0014415 42325 2,065.64 $2,065.64 11/22/2006 73384 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 11/22/2006 DIAMOND BAR HAND CAR WASH CAR WASH -COMM SVCS 0014090 42200 75.92 $152.87 11/22/2006 DIAMOND BAR HAND CAR WASH 0015310 42200 1 27,97 CAR WASH -ROAD MAINT 0015554 42200 48.98 11/22/2006 73385 DAVID DOYLEB o�Ir. -JPIA CONF �l 0014030 1 42325 1 an nnI ccs n,; Page 10 City of Diamond Bar - Check Register 11/15/06 - 11/29/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11%22/2006 73386 1GARY DRESSER PK REFUND -HERITAGE PK 001 23002 50.00 $50.0011 11/22/2006 11/22/2006 73387 ESPINOZA'S LEATHER GOODS ESPINOZA'S LEATHER GOODS EQ -SHERIFF EQ -SHERIFF 0014411 0014411 46250 46250 297.69 $595.38 297.69 11/22/2006 73388 EXECUTIVE PROMOTIONAL PRODUCTS INC SUPPLIES-P/INFO 0014095 1 41400 533.49 $533.49 11/22/2006 1 73389 EXTERIOR PRODUCTS INC VERTICAL BANNERS -DBC 001535 1 44000 2,102.851 $2,102.85 11/22/2006 73390 IFEDEX EXPRESS MAIL -GENERAL 11/22/2006 001 HAIL &FOREMAN, INC. ADMIN FEE -EN 06-510 0014090 42125 46.19 $46.19 11/22/2006 75.00 HALL &FOREMAN, INC. ADMIN FEE -EN 06-520 11/22/2006 11/22/2006 73391 FOOTHILL BUILDING MATERIALS INC FOOTHILL BUILDING MATERIALS INC ADMIN FEE -EN 06-520 SUPPLIES-P/WORKS SUPPLIES-P/WORKS 34650 HALL &FOREMAN, INC. PROF -SVCS -PLAN CHECK 11/22/2006 0015551 HALL &FOREMAN, INC. 0014440 0014440 41200 41200 91.90 264.67 23012 $356.57 750.00 11/22/2006 73392 IGO LIVE TECHNOLOGY INC CONSULTANT SVCS -WK 11/10 0014070 44000 4,500.00 $4,500.00 11/22/2006 73393 GRAPHICS UNITED PRINT SVCS -NEWSLETTER 0014095 44I I - 3,066.08 $3,066.08 11/22/2006 73394 HALL &FOREMAN, INC. ADMIN FEE -EN 06-510 11/22/2006 001 HAIL &FOREMAN, INC. ADMIN FEE -EN 06-510 11/22/2006 HALL &FOREMAN, INC. PROF.SVCS-EN 06-520 11/22/2006 75.00 HALL &FOREMAN, INC. ADMIN FEE -EN 06-520 11/22/2006 HALL &FOREMAN, INC. ADMIN FEE -EN 06-520 11/22/2006 34650 HALL &FOREMAN, INC. PROF -SVCS -PLAN CHECK 11/22/2006 0015551 HALL &FOREMAN, INC. PROF -SVCS -EN 06-510 001 11/22/2006 73395 SHIN HAN PK REFUND -HERITAGE PK 001 23002 50.00 $50.00 11/22/2006 73396 INLAND EMPIRE STAGES EXCURSION -FANTASY CASINO 1125350 45310 1,179.00 $1,179.00 11/22/2006 73397 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS-NOV 06 0015350 45300 680.00 $680.00 11/22/2006 73398 J A BLASH SHOWS INC SUPPLIES -SNOW FEST 0015350 41200 250.00 $250.00 11/22/2006 73399 KEITH JOHNSON ENTERTAINMENT-HLDY PARTY 0014090 42325 750.00 $750.00 11/22/2006 73400 KEITH JOHNSON ENTERTAINMENT SR DANCE 0015350 45300 350 00 $350.00 23012 187.50 $1,018.88 001 34650 -187.50 001 23012 75.00 001 23012 18.75 001 34650 -18.75 0015551 R45223 193.88 001 23012 750.00 Page 11 Page 11 City of Diamond Bar - Check Register 11/15/06 - 11/29/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # Amount Total Check Amount 11/22/2006 73401 JUDICIAL DATA SYSTEM CORP PARKING CITE ADMIN -OCT 06 ' 0014411 1 45405 1,175,72 $1,175.72 11/22/2006 73402 KENS HARDWARE SUPPLIES -PARKS 11/22/2006 KENS HARDWARE 0015340 42210 316.93 $492.14 1 1122/2 00 6 KENS HARDWARE SUPPLIES -DBC 0015333 41200 68,54 11/22/2006 KENS HARDWARE SUPPLIES -RECREATION 0015350 41200 83.23 SUPPLIES -DIST 39 1395539 42210 23.44 11!22/2006 1 73403 ILANTERMAN DEV CENTER/COMM INDUSTRIE PARKWAY MAINT-OCT 06 0015558 45503 1,906.36 $1,906.36 11/22/2006 73404 STACIE LAWSON PK REFUND -HERITAGE PK 001 23002 200.00 $200.00 11/2212006 73405 LEAGUE OF CALIFORNIA CITIES MTG-COMMISSIONER LIANG 0015350 42340 40.00 $40.00 73406 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-363 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-363 001 23012 $825.00 F11/22/2006 LEIGHTON & ASSOCIATES, INC. 001 34650 LEIGHTON & ASSOCIATES, INC. PROF.SVCS-EN 03-384 001 23012 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-384 001 23012 ]600.00 LEIGHTON & ASSOCIATES, INC. ADMIN FEE -EN 03-384 001 34650 PROF -SVCS -EN 03-363 001 23012 11/22/2006 73407 LIVESOUND CONCEPTS EQ RENTAL -SNOW FEST 0015350 45300 645.00 $645.00 11/22/2006 1 73408 IDELMY LOPEZ PK REFUND -HERITAGE 001 23002 250.001 $250.00 11/22/2006 1 73409 JELIZABETH LOPEZ PK REFUND -HERITAGE PK 001 23002 50.00 $50.00 11/22/2006 73410 MARK LOZADA PK REFUND-PANTERA 001 23002 150.00 $150.00 11/22/2006 73411 MCE CORPORATION ROAD MAINT-SEPT 06 11/22/2006 MCE CORPORATION 0015554 45502 1492700=$21,666.73 VEGETATION CONTROL -OCT 06 0015558 45508 6,739.73 11/22/2006 73412 ILAUREL MEYER REIMB-SUPPLIES 0015350 41200 67.93 $67.93 11/22/2006 73413 ORKIN PEST CONTROL INC GROUNDS MAINT-SYC CYN PK 11/22/2006 ORKIN PEST CONTROL INC 0015340 42210 55.00 $185.00 11/22/2006 ORKIN PEST CONTROL INC GROUNDS MAINT-PANTERA PK 0015340 42210 75.00 GROUNDS MAINT-DIST 38 1385538 42210 55.00 Page 12 11/22/2006 73424 City of Diamond Bar - Check Register 11/15/06 SUPPLIES -SENIOR BINGO 11/22/2006 - 11/29/06 SUPPLIES -SENIOR BINGO 11/22/2006 SMART & FINAL SUPPLIES -DBC 11/22/2006 100.00 SMART & FINAL SUPPLIES -SCHOOL DANCE 11/22/2006 41200 SMART & FINAL Total Check Amount 11/22/2006 Check Date Check Number Vendor Name 11/22/2006 Transaction Description Fund/ Dept Acct # Amount ISMART & FINAL SUPPLIES-REC 41200 37.94 0015350 11/22/2006 73414 P F PETTIBONE & CO SUPPLIES -GENERAL 0014030 41200 468.35 $468.35 11/22/2006 73415 PAETEC COMMUNICATIONS INC. LONG DIST SVCS-OCT/NOV 0014090 42125 803.63 $803.63 11/22/2006 73416 PEPR GRAPHICS PRINT SVCS -BUS CARDS 0014095 42110 1,037.00 $1,037.00 11/22/2006 73417 PERS HEALTH DEC 06 -HEALTH INS PREMS 001 21105 11/22/2006 PERS HEALTH 21,940.94 $22,357.46 11/22/2006 DEC 06 -HEALTH INS PREMS 0014090 40086 129.20 PERS HEALTH DEC 06 -HEALTH INS PREMS 0014090 40093 287.32 11/22/2006 73418 PRECISION DYNAMICS CORPORATION SUPPLIES -SNOW FEST 0015350 11/22/2006 PRECISION DYNAMICS CORPORATION SUPPLIES -CITY B/DAY 41200 266.21 $536.43 0015350 42353 270.22 11/22/2006 73419 R F DICKSON COMPANY DEBRIS DIVERSION -OCT 06 1155515 45500 3,438.19 $3,438.19 11/22/2006 73420 RECY CAL SUPPLY CO BATTERY RECYCLER-P/WKS 1155516 41200 84.99 $84.99 11/22!2006 73421 REPUBLIC ELECTRIC TRAFFIC MAINT-OCT 06 0015554 45507 11/22/2006 REPUBLIC ELECTRIC ADDL TRAFFIC MAINT-OCT 06 3,284.32 $10,698.45 0015554 45507 7,414.13 11/22/2006 73422 ISAN GABRIEL VALLEY COUNCIL OF GOVT TAC MTG-D LIU,R YEE 0015510 42325 50.001 $50.00 11/22/2006 73423 ADRIANA SANTANDER PK REFUND -HERITAGE 001 23002 50.00 $50.00 11/22/2006 73424 SMART & FINAL SUPPLIES -SENIOR BINGO 11/22/2006 SMART & FINAL SUPPLIES -SENIOR BINGO 11/22/2006 SMART & FINAL SUPPLIES -DBC 11/22/2006 100.00 SMART & FINAL SUPPLIES -SCHOOL DANCE 11/22/2006 41200 SMART & FINAL SUPPLIES -FALL FUN FESTIVL 11/22/2006 0015350 SMART & FINAL MEMO CREDIT-REC 11/22/2006 SMART & FINAL SUPPLIES -SCHOOL DANCE 11/22/2006 1 ISMART & FINAL SUPPLIES-REC 11/22/2006 73425 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 13.83 $41.15 11/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 13.66 11/2212006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 13.66 Page 13 0015350 41200 297.87 $981.73 0015350 41200 171.08 0015333 41200 100.00 0015350 41200 166.28 0015350 41200 127.87 0015350 41200 -107.24 0015350 41200 37.94 0015350 41200 187.93 11/22/2006 73425 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 13.83 $41.15 11/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 13.66 11/2212006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 13.66 Page 13 Page 14 City of Diamond Bar - Check Register 11/15/06 -11/29/06 Check Date Check Number Vendor Name Transaction Description Fund! Dept Acct # Amount Total Check Amount 11%22 200v 73425 SPARKLETTS 11/22/2006 SPARKLETTS WATER SUPPLIES-C/HALL 0014090 41200 246.80 $256.55 EQ RENTAL -OCT 06 0014090 42130 9.75 11!22/2006 1 73427 ISTEVEN ENTERPRISES INC SUPPLIES -PUBLIC WORKS 0015510 46250 $147.00 147.00 11/22/2006 73428 ISvvKuts ACCOUNTING OFFICE WASTE DISCHARGE-ANNL FEE 0015510 44240 $11,109.00 11,109.00 11/22/2006 1 73429 ITELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS-NOV 06 0014070 44030 11/22/20061 73430 ITHE COMDYN GROUP INC 524.89 $524.89 CONSULTING SVCS-I.S. 0014070 44000 $675.00 675.00 11/22/2006 73431 THE GAS COMPANY 11/22/2006 GAS COMPANY GAS SVCS -HERITAGE PK 0015340E41�58.66THE $316.63 GAS SVCS -DBC 0015333 257.97 111/22/2006 73432 TIME WARNER 11/22/2006TIMEMODEM WARNER SVCS-COUNCIL0014010 42130 $93.90 46.95 MODEM SVCS -COUNCIL 0014010 42130 46.95 11!22/2006 73433 TIME WARNER MODEM SVCS-COUNCIL0014010 42130 98.65 11/22/2006 73434 ITOSHIBA BUSINESS SOLUTIONS $98.65 COPIER MAINT-NOV/DEC 0015333 42200 34.49 11/22/2006 73435 VALLEY CREST LANDSCAPE MAINT INC $34.49 11/22/2006 VALLEY CREST LANDSCAPE MAINT INC MONTHLY MAINT-DBC 15333 45300 5,243.57 $19,957.60 11/22/2006 VALLEY CREST LANDSCAPE MAINT INC MONTHLY MIANT-PARKS:0:015340 45300 10,986.67 MONTHLY MAINT-LORBEER SCH 5340 45300 3,727.36 11/22/2006 73436 VERIZON CALIFORNIA 11/22/2006 Ll VERIZON CALIFORNIA IV PH.SVCS-DBC 0015333 42125 $267.78 68.15 ERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 89.60 PH.SVCS-IN TO GO 0014090 42125 110.03 11122/20061 73437 lKAMALVERMA PK REFUND -HERITAGE 001 23002 50.00 11!22/2006 73438 SHERI WATTS-SAHYAN $50.00 PK REFUND-PANTERA 001 23002 100.00 11/22/2006 73439 WEST COAST ARBORISTS INC $100.00 11/22/2006 WEST COAST ARBORISTS INC TREE MAINT-AUG 06 0015558V45509 0974,2 30.00 $8,541.00 11/22/2006 WEST COAST ARBORISTS INC TREE WATERING -AUG 06 00155581014.00 TREE MAINT-SEPT 06 001555883.00 Page 14 City of Diamond Bar - Check Register 11/15/06 -11/29/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 11/22/2006 73439... !WEST COAST ARBORISTS INC (TREE WATERING-SEPT 06 0015558 45510 1 314.001 $8,541.00 11/22/2006 73440 WEST COAST MEDIA AD-NOV O6 0014095 42115 1525.00 $525.00 $644,759.14 Page 15 CITY COUNCIL lAC.012.POR ��,, TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana e TITLE: Treasurer's Statement — October, 2 06 Nit • u u _ �[iP►lA Approve the Treasurer's Statement of October 2006 FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.5 Meeting Date: Dec. S, 2006 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 October 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 City's investments. All investments have been made in accordance with the City's Investment Policy. REVIEW BY: Linda G. Magnuson, Finance Director *OL A /#h�1--/ - Department Head Deputy City Manager Attachments: Treasurer's Statement, Investment Portfolio Report CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT October 31, 2006 BEGINNING jTRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $26,469,477.14 1,418,831.60 $1,185,372.48 ($61,443.92) $26,641,492.34 LIBRARY SERVICES FUND 0.00 10,997.68 CHANGE FUND 0.00 COMMUNITY ORG SUPPORT FD 3,135.32 1,000.00 1,768.00 TOTAL DEMAND DEPOSITS 1,367.32 GAS TAX FUND 478,053.35 93,987.33 LOCAL AGENCY INVESTMENT FD 572,040.68 TRANSIT TX(PROP A) FD 985,191.38 132,294.25 109,189.55 US TREASURY Money Market Account 1,008,296.08 TRANSIT TX (PROP C) FD 1,556,593.42 53,511.18 (Bond Proceeds Account) 1,610,104.60 ISTEA Fund 0.00 $34,216,892.20 0.00 INTEGRATED WASTE MGT FD 469,551.42 4,432.00 14,682.34 459,301.08 AB2928-TR CONGESTION RELIEF FD 679,981.49 679,981.49 AIR QUALITY IMPRVMNT FD 71,685.39 (768.08) 72,453.47 TRAILS & BIKEWAYS FD (149,497.00) (149,497.00) PARK FEES FD 19,575.00 19,575.00 PROP A - SAFE PARKS ACT FUND (2,016.41) (2,016.41) PARK & FACILITIES DEVEL. FD 1,957,652.83 1,957,652.83 COM DEV BLOCK GRANT FD (41,888.49) 17,058.19 (58,946.68) CITIZENS OPT -PUBLIC SAFETY FD 174,491.42 116,241.00 290,732.42 NARCOTICS ASSET SEIZURE FD 331,108.02 331,108.02 CA LAW ENFORCEMENT EQUIP PRGI 75,088.20 75,088.20 LANDSCAPE DIST 438 FD 2,280.27 34,524.91 (32,244.64) LANDSCAPE DIST #39 FD 87,860.66 30,906.95 56,953.71 LANDSCAPE DIST #41 FD 68,503.96 19,391.50 49,112.46 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (709,495.62) 714,730.12 (1,424,225.74) SELF INSURANCE FUND 1,355,403.44 1,355,403.44 EQUIPMENT REPLACEMENT FUND 164,732.61 164,732.61 COMPUTER REPLACEMENT FUND 91,724.13 91,724.13 PUBLIC FINANCING AUTHORITY FUNI 66,520.48 224.51 39,450.70 61,443.92 88,738.21 TOTALS $34,205,712.41 $1,819,521.87 $2,166,306.66 $0.00 $33,858,927.62 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($370,212.26) PAYROLL ACCOUNT 10,997.68 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.00 TOTAL DEMAND DEPOSITS ($357,964.58) INVESTMENTS: US TREASURY Money Market Acct. $1,378,790.97 LOCAL AGENCY INVESTMENT FD 26,749,363.02 FED HOME LOAN BANK NOTES 6,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 88,738.21 LOCAL AGENCY INVESTMENT FD 0.00 (Bond Proceeds Account) TOTAL INVESTMENTS $34,216,892.20 TOTAL CASH $33,858,927.62 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. 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 estimated expenditures. James DeStefano, Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of October 2006 Monthly Current Purchase Maturity Amount Fair Market Interest Interest Instit:itlo,^, 'investment Type Rating vale Date Term At Cost Value Accrued Received Rate Yield State of California Local Agency Inv Fund AAA 26,749,363.01 26,731,585.44 113,640.21 335,673.68 5.098% 5.098% Wells Fargo Bank US Treasury Money Market AAA 1,378,790.97 1,378,790.97 - 5,781.06 4.614% 4.614% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 88,738.21 88,738.21 224.51 4.950% 4.950% Union Bank -(Fiscal Agent) Local Agency Inv Fund AAA - - - - 0.000% 0.000% Wells Fargo Inst Securities Federal Farm Credit Note AAA 08/01/06 10/24/06 Called 1,000,000.00 1,009,900.00 4,650.00 13,950.00 5.580% 5.580% Wells Fargo Inst Securities Federal Home Loan Note AAA 10/20/05 04/20/07 1.5 Yr 1,000,000.00 995,100.00 3,541.67 21,250.00 4.250% 4.250% Wells Fargo Inst Securities Federal Home Loan Note AAA 11/09/05 05/09/07 1.5 Yrs 1,000,000.00 996,500.00 3,833.33 - 4.600% 4.600% Wells Fargo Inst Securities Federal Home Loan Note AAA 08/28/06 08/28/07 1.0 Yr 1,000,000.00 1,000,100.00 4,500.00 - 5.400% 5.400% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/28/05 09/28/07 2.0 Yrs 1,000,000.00 992,500.00 3,625.00 - 4.350% 4.350% Wells Fargo Inst Securities Federal Farm Credit Note AAA 09/27/05 03/27/08 2.5 Yrs 1,000,000.00 992,500.00 3,783.33 - 4.540% 4.540% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/12/06 09/12/08 2.0 Yrs 1,000,000.00 999,800.00 4,583.33 - 5.500% 5.500% Totals for month $ 35,216,892.19 $ 35,185,514.62 $ 142,156.88 $ 376,879.25 Less Investments matured during the month (1,000,000.00) Total Investments at 10/31/06 $ 34,216,892.19 2005-06 Actual Interest Income $1,307,302.01 2006-07 Budgeted Interest Income $851,500.00 Actual Year -To -Date Interest Income $414,833.57 Percent of Interest Received to Budget 48.718% Agenda # 6.6 Meeting Date: December 5, 2006 CITY COUNCIL ; ' ; AGENDA REPORT TO: Honorable Mayor and Member of the City Council VIA: lames DeStefano, City Man g TITLE: Authorize City Manager to enter i to purchase agreement with the City of Industry for the purchase of three (3) parcels APN # 8269-008-0270, 8269-050-026 and 8269-053- 024, authorize the deposit of $15,000 into escrow, and appropriate $15,000 from General Fund reserves. RECOMMENDATION: Approve and appropriate funds. FINANCIAL IMPACT: The attached purchase agreement specifies that the City will deposit $15,000 into escrow within 3 days after signing the agreement. The purchase price for the properties is $150,000 but the City could be reimbursed the entire purchase price if LAFCO approves the realignment of city boundaries. The realignment of the municipal boundaries would result in four (4) parcels currently located in the City being annexed into the City of Industry. The financial implication of this proposed change is the loss of property tax ($7,000) and sales tax ($4,600) associated with these properties. There are sufficient funds in the General Fund reserves for the escrow deposit. DISCUSSION: The attached purchase agreement specifies the conditions for the City to acquire approximately 120 +/- acres of property from the City of Industry. The agreement includes an escrow period until May 31, 2008. This escrow period will allow the City to perform its due diligence records review and conduct the necessary environmental assessment prior to purchase. After the property is acquired by the City, it shall be used for a public purpose. The City and the seller have agreed that the City will support the seller's LAFCO application to realign municipal boundaries. As described above, the realignment of municipal boundaries will result in an $11,000 annual loss to the City. It is important to note that realignment of the municipal boundary can only be accomplished with an affirmative vote of a majority of the affected property owners. The City Attorney has reviewed and approved as to form the attached purchase agreement. PREPARED BY: P Ass istan Ci y ager Attachment: 1. Purchase and Sale Agreement PURCHASE & SALE AGREEMENT This Purchase and Sale Agreement (the "Agreement") is entered into by and between the City of Industry, a California municipal corporation ("Seller"), and the City of Diamond Bar, a California municipal corporation ("Buyer") as of December 5, 2006 ("Effective Date"). WHEREAS, Seller owns certain property commonly known as "City of Industry Property," 3 parcels in Rowland Heights Area of unincorporated County of Los Angeles (APN Nos. 8269-008-0270, 8269050026 and 8269053024), California ("Property"), as more particularly described herein; and WHEREAS, Seller wishes to sell the Property to Buyer, and Buyer wishes to buy the Property from Seller. NOW, THEREFORE, for and in good consideration, the sufficiency of which is hereby acknowledged, Buyer and Seller agree as follows: Agreement to Buy and Sell. Buyer hereby agrees to buy the Property, and Seller hereby agrees to convey good and marketable fee simple title to the Property, on the terms and conditions set forth in this Agreement. The Property includes all easements, privileges, permits, licenses, entitlements, and other rights appurtenant thereto. Buyer is purchasing the Property for a public purpose, namely for park and recreational and other governmental purposes, and all uses necessary or convenient thereto. The Legal Description of the Property is: °arcel 2 of Parcel Map No. 26574-01 in the County of Los Angeles, State of California, as per map recorded in Book 328 Page(s) 21 to 25 inclusive of Parcel Maps, in the office of the County Recorder of said County. :Z. Purchase Price; Payment. The Purchase Price for the Property shall be One Hundred Fifty Thousand Dollars ($150,000.00) payable in cash on closing as follows: 2.1 Earnest Money Deposit. Within three (3) days after execution of this Agreement, Buyer shall open Escrow and deliver to LandAmerica Commercial Services (the "Escrow Agent") for application as provided in this Agreement the sum of Fifteen Thousand Dollars ($15,000.00) (the "Earnest Money Deposit"). At Closing, the Earnest Money Deposit and any interest thereon shall be applied toward the Purchase Price. If this transaction fails to close as a result of Buyer's default, the Seller, as its sole remedy, may collect and retain the Buyer's Earnest Money Deposit and all accrued interest as liquidated damages. 2.2 Payment of Balance. Buyer agrees to pay, or cause to be paid, the balance of the Purchase Price to Seller through the Escrow by depositing cash or a certified or cashier's check payable to the Escrow Agent, or by electronic transfer of federal funds, which shall be delivered to the Escrow Agent at least two (2) business days before the Closing Date (as defined below). 2.3 No Relocation Assistance. Seller hereby acknowledges and agrees that the purchase and sale of the Property is being made in the course of voluntary negotiations between Seller and Buyer and further, that the Property is vacant and unimproved; therefore, Buyer is not required to provide Seller with relocation assistance payments and/or benefits under State law, including but not limited to California Government Code Section 7260 et seq. and Section 6000 et seq. of Title 25 of the California Code of Regulations, and the Seller hereby waives any such assistance or benefits if applicable. 2.4 Reimbursement of Purchase Price. It is in Seller's municipal interests and Seller desires to realign municipal boundaries between Seller and Buyer such that the privately Page 1 of 9 held properties known as APN Nos. 8760014012, APN 8760014013, APN 8760014014, and APN 8760014015 as shown in Exhibit A (the "realignment properties"), currently located within the boundaries of the City of Diamond Bar, would be located in the City of Industry. Buyer's municipal interests are better served by taking ownership of the Property than retaining the realignment properties within its municipal boundaries. Accordingly, Seller agrees to seek the approval of the Los Angeles County Local Agency Formation Commission ("LAFCO") of a boundary change in the manner shown in Exhibit B and incorporated herein by reference, in order to accomplish this realignment, and Buyer agrees to support Seller's application. Both parties acknowledge and understand that the modification of the boundary will require LAFCO approval and may require a vote of the affected property owners. Seller and Buyer agree to exercise due diligence and cooperate with one another as necessary to advance Seller's application for the boundary change to LAFCO. Seller hereby agrees that if the boundary realignment is approved, Seller will reimburse Buyer the total purchase price identified in this paragraph 2 (the sum of $150,000). Reimbursement shall be made by Seller to Buyer in a single lump sum within thirty (30) days of final approval of the boundary realignment. It is understood and agreed that the boundary realignment would serve as adequate consideration for Seller's conveyance of the Property to Buyer. 3. Contingency; Right of Entry. Buyer's obligations under this Agreement shall be contingent on preparation (at Buyer's expense) and approval in Buyer's sole discretion of a Phase I environmental report, and if necessary, a Phase II environmental report with respect to the property. Phase I report shall be completed within thirty (30) days of execution of this Agreement. 3.1 Seller hereby grants Buyer and its agents, employees, contractors and subcontractors (collectively "Representatives") the right of entry to the Property at reasonable times for the purpose of conducting soils and geological investigation and testing for toxic or hazardous substances and other contamination. Such investigation shall be at Buyer's expense. 3.2 Buyer shall deliver advance written notice to the Seller of its intention to enter the Property to conduct activities pursuant to this Paragraph 3 at least one (1) business day prior, to any entry onto the Property. Such notice of entry shall include the proposed dates and times of such entry, and the nature, specific location and scope of any test, investigation, or other activity upon the Property. Seller and its representatives shall have the right to accompany and observe all of Buyer's and its Representatives' activities on the Property. 3.3 All work performed by Buyer and its Representatives will be performed diligently and in a manner consistent with the standards of care, diligence and skill exercised by recognized consulting firms for similar services, and in accordance with all regulatory and good management standards and the requirements of any governmental agency or entity and all applicable laws. 3.4 Buyer and its Representatives shall promptly notify the Seller of any discovery, spill, release, or discharge of any "Hazardous Materials," on, under or about the Property which is discovered, encountered, or results from or is related to the Buyer's or its Representatives' access to and/or use of the Property under this Agreement. The term "Hazardous Materials" shall mean and include the following, including mixtures thereof: any hazardous substance, pollutant, contaminant, waste, by- product or constituent regulated under the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. Section 9601 et sec; oil and petroleum products and natural gas, natural gas liquids, liquefied natural gas and synthetic gas usable for fuel; pesticides regulated under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. Section 136 et sec- asbestos and asbestos - containing materials, PCBs and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. Section 2601 et seg; source material, special nuclear material, by-product material and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act or the Nuclear Waste Policy Act of 1982; chemicals subject to the OSHA Hazard Communication Standard, 29 C.F.R. Section 1910.1200 et seg; industrial process and pollution control wastes, whether or not hazardous within the meaning of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seg.; any substance defined as a "hazardous substance" in California Civil Code Section 2929.5(e)(2) Page 2of9 or California Code of Civil Procedure Section 736(f)(3); and any other substance or material regulated by any Environmental Laws. 3.5 Buyer and its Representatives shall remove from the Property any wastes and Hazardous Materials used in or generated by the activities of Buyer or its Representatives on the Property no later than the date of completion of their environmental investigation activities and operations on the Property. 3.6 In connection with the use of the Property by Buyer and its Representatives, Buyer shall, at its own cost and expense, take any necessary action to keep the Property, and any improvements and personalty thereon, in good order and repair and safe condition to the extent that such Property, improvements or personalty were in such condition prior to its entry, and the whole of the Property, in a clean, sanitary and orderly condition, including, without limitation, ensuring that any holes, ditches or other indentations, as well as any mounds or other inclines created by any excavation by Buyer or its Representatives are regraded, resurfaced and compacted. If any portion of the Property or an adjacent property, including improvements and fixtures, suffers damage or alteration by reason of the access and activities of Buyer or its Representatives on the Property, Buyer shall, at its own cost and expense, promptly repair all such damage and restore the Property or adjacent property to as good a condition as before such damage or alteration occurred, or if it cannot be repaired, Buyer shall replace such damaged or altered property to the extent possible. 3.7 Buyer agrees, at its sole cost and expense, to defend, protect, indemnify, and hold fret: and harmless Seller and its employees, agents, and representatives, and their successors, and assigns (individually "Indemnitee" and collectively, "Indemnitees"), free and harmless from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever ("Claims"), including fees of accountants, attorneys, expert witnesses, or other professionals, and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Buyer or any of its Representatives arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to entry upon the Property pursuant to this Paragraph 3, except for that portion or percentage of a Claim against an Indemnitee based on the comparative negligence, gross negligence or willful misconduct of such Indemnitee. Buyer's Representatives shall carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California (1) a policy or policies of broad -form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Buyer, its Representatives and their respective officers, employees, agents, and independent contractors in performance of services under this Paragraph 3; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) worker's compensation insurance as required by law. Sellers shall be added as additional insureds on the policy(les) as to comprehensive general liability, property damage, and automotive liability coverages. 4. "A$ Is" Purchase. Buyer agrees to accept possession of the Property on the Closing Date on an "As Is" basis. Buyer and Seller agree that the Property shall be sold "as is, where is, with all faults" with no right of set-off or reduction in the Purchase Price, and such sale shall be without representation or warranty of any kind, express or implied, including without limitation, warranty of income potential, operating expenses, uses, merchantability or fitness for a particular purpose, and Seller disclaim and renounce any such representation or warranty. ;i. Title; Title Policy. 5.1 Form of Title Policy. Seller shall furnish the Buyer with title to the Property in the condition so that Land America Title ("Title Company") will be prepared to issue or commit to issue to the Buyer standard title insurance coverage, or at Buyer's option, an extended coverage Page 3 of 9 ALTA owner's policy of title insurance (Form B 1970) in the amount of the Purchase Price insuring fee title to the Property vested in the Buyer free and clear of all matters except the lien of current real property taxes not yet due and payable, and those matters excluded from coverage by the standard exceptions and exclusions contained in the extended coverage form of title insurance policy ("Title Policy"). 5.2 Preliminary Report. Within ten (10) days following the Effective Date, Buyer will arrange to have Title Company deliver or cause to be delivered a preliminary title report ("Preliminary Report") as soon as is practicable. 5.3 Cost of Title Insurance. Seller and Buyer shall each pay one-half of Title Policy premiums. 5.4 No Encumbrances. Seller represents and warrants that neither the Property or any portion thereof is leased or otherwise encumbered, and Seller shall not during the term hereof lease or encumber any portion of the Property, or grant or convey to any party other than Buyer, any license, easement, covenant or other right, title or interest whatsoever with respect to the Property. 5.5 Approval of Title. Buyer's obligation to purchase the Property is expressly conditioned on Buyer's approval of the condition of the title of the Property. a. Buyer's Title Notice. Within three (3) days after delivery of the Preliminary Report, Buyer will send written notice of exceptions that Seller must remove or cure prior to the Closing Date ("Buyer's Title Notice"). b. Permitted Exceptions. The following exceptions shown on the Preliminary Report ("Permitted Exceptions") are approved by Buyer: (i) exceptions for a lien for local real estate taxes and assessments not yet due or payable; (ii) the standard preprinted exceptions and exclusions of the Title Company; (iii) any other exception shown on the Preliminary Report, to which Buyer does not object in Buyer's Title Notice or otherwise by written notice to Seller within three (3) days after delivery of the Preliminary Report. C, Title Objections. Seller will remove or cure all title exceptions that are not Permitted Exceptions within ten (10) days after receipt of Buyer's Title Notice. 6. Representations and Warranties of the Seller. Seller hereby represents and warrants, as of the date hereof and as of Closing, that: (i) Seller has the legal power, right and authority to enter into this Agreement and the instruments and documents that are to be executed by the Seller and are referenced herein, and to consummate the transaction contemplated hereby; and (ii) All requisite action will have been taken by the Seller to authorize the execution on behalf of the Seller of this Agreement and the instruments and documents that are to be executed on behalf of the Seller and are referenced herein, and to consummate the transaction contemplated hereby; and (iii) The individual(s) executing this Agreement, and the instruments and documents referenced herein, on behalf of the Seller have the legal power, right and actual authority to bind the Seller to the terms and conditions thereof; and (iv) The Seller has not entered into any contract with respect to the Property that will be binding on the Property after the date of Closing; and Page 4 of 9 (v) The Seller has not entered into any lease or rental agreement affecting the Property, recorded or unrecorded, or any easement, covenant, condition or restriction affecting the Property, other than as disclosed in the Title Commitment or as otherwise disclosed to the Buyer, in writing, by the Seller prior to the date of this Agreement. (vi) As of the Closing Date, there shall have been no material adverse changes in the physical condition of the Property as of the date hereof. (vii) There are no suits pending against or affecting or, to the best of Seller's knowledge, without having made investigation thereof, threatened against the Property or its use, whether in law or at equity. (viii) There are no outstanding environmental remediation orders or decrees (federal or state) regarding the Property. Seller shall deliver to Buyer any additional materials and reports relating to the environmental condition of the property which comes into Seller's possession, and any information relating to the environmental condition of the site of which Seller becomes aware. (ix) To the best of Seller's knowledge there has been no production, disposal or storage on the Property of any Hazardous Materials (as hereinafter defined) by Seller or any of the contractors, agents, employees or representatives of Seller or, to the best of Seller's knowledge, any previous owner or current or previous tenant of the Property; and to the best of Seller's knowledge, there has not been any other activity on the Property which could have resulted in the deposit or release on the Property of Hazardous Materials, or the violation of any Environmental Laws, or which could result in any proceeding or inquiry by any authority with respect thereto. (x) To the best of Seller's knowledge, Seller is not aware of the existence of any violation of law or violation of governmental regulation with respect to the Property. 7. Covenants and Warranties of the Buyer. The Buyer hereby represents and warrants, as of the: date hereof, and as of Closing, that: (i) The Buyer has the legal power, right and authority to enter into this Agreement and the instruments and documents referenced herein, and to consummate the transaction contemplated hereby; and (ii) All requisite action has been taken by the Buyer in connection with the entering into of this Agreement and the instruments and documents that are to be executed by the Buyer and are referenced herein, and to consummate the transaction contemplated hereby; and (iii) The individual(s) executing this Agreement and the instruments and documents that are to be executed by the Buyer and are referenced herein on behalf of the Buyer has/have the legal power, right and actual authority to bind the Buyer to the terms and conditions thereof. Closing. 8.1 Escrow. The Escrow shall be opened with the Escrow Agent upon execution of this Agreement. Buyer and Seller shall promptly execute such additional escrow instructions requested by the Escrow Agent as are reasonably required to consummate the transaction contemplated by this Agreement and are not inconsistent with this Agreement. 8.2 Closing Date. Closing shall take place at the offices of Title Company on or before May 31, 2008 (the "Closing Date"). "Closing" shall mean the execution, delivery and recording (as appropriate) of all documents, and the payment of all funds into escrow as provided herein. Page 5 of 9 8.3 Sellers' Deposit of Documents and Funds. Seller must deposit into Escrow the following documents duly executed by Seller in form and substance reasonably satisfactory to Buyer: a. Deed. The duly executed and acknowledged grant deed ("Deed") conveying the Property to Buyer, subject only to the Permitted Exceptions; and b. Non -Foreign Certification. Certificates required by §1445 of the Internal Revenue Code of 1986, and the California Revenue and Taxation Code §18815, executed by Seller and in a form reasonably satisfactory to Buyer; and C. Additional Documents. Such additional documents, including written Escrow instructions consistent with this Agreement, as may be necessary or desirable to convey the Property in accordance with this Agreement. 8.4 Buyer's Deposit of Documents and Funds. Buyer must deposit into Escrow the following funds and documents duly executed by Buyer in form and substance reasonably satisfactory to Seller: a. Purchase Price. The Purchase Price in accordance with Section 2 of this Agreement. b. Conveyance Documents. Such documents, including written Escrow instructions consistent with this Agreement, as may be reasonably necessary for conveyance of the Property in accordance with this Agreement. 8.5 Closing. When the Escrow Agent receives all documents and funds identified in Sections 8.3 and 8.4, and the Title Company is ready, willing and able to issue the Title Policy, the Escrow Agent shall close Escrow by completing the following: a. Record the Deed; and b. Issue the Title Policy to Buyer; and C. Pay the Purchase Price to Seller, plus or minus all prorations as set forth under Section 8.6; and d. Thereafter, the Escrow Agent shall deliver signed closing statements showing all receipts and disbursements to Buyer and Seller and shall file with the Internal Revenue Service (with copies to Buyer and Seller) the reporting statement required under Internal Revenue Code §6045(e). All risk of loss or damage with respect to the Property shall pass from Seller to Buyer at the close of escrow. Possession of the Property shall be delivered to Buyer upon the close of escrow. 8.6 Closing Costs. The parties shall each be responsible for payment of one-half of all Closing costs, including without limitation, title insurance premiums, escrow fees and recording costs. It is understood that this transaction is exempt from documentary transfer tax pursuant to Revenue and Taxation Code §11922. However, should a transfer tax be required, it shall be paid by Seller and Seller shall receive a credit equal to one-half of the transfer tax upon close of escrow. Real estate taxes for the year of Closing, assessments and utilities constituting liens against the Property shall be prorated as of Closing. Page 6 of 9 9. Broker Commission. Buyer and Seller represent to one another that no broker or finder has been engaged in connection with the transaction contemplated by this Agreement, or to its knowledge is in any way connected with such transaction. Seller covenants and agrees that any broker fee or commission, which may be due or payable in connection with the closing of the transaction contemplated by this Agreement, shall be borne solely by Seller. Seller agrees to indemnify, defend, protect: and hold harmless Buyer and its respective employees, agents, representatives, council members, attorneys, successors and assigns, from and against all claims of any agent, broker, finder or other similar party arising from or in connection with the sale of the Property to Buyer. 10. Disputes. This Agreement shall be governed by and interpreted in accordance with California law. Any litigation arising out of or in connection with this Agreement shall be conducted in the Superior Court in and for the County of Los Angeles, California, and the parties consent to the jurisdiction of said court. The prevailing party in any such litigation shall be entitled to recover its reasonable costs and attorneys fees from the other party. 11. Default by Buyer; Remedies. iF THE CLOSING FAILS TO OCCUR BECAUSE OF BUYER'S DEFAULT UNDER THE TERMS OF THIS AGREEMENT, BUYER SHALL BE RESPONSIBLE FOR ALL CANCELLATION CHARGES REQUIRED TO BE PAID TO ESCROW HOLDER AND ANY ESCROW CHARGES. IN ADDITION, THIS AGREEMENT AND THE RIGHTS AND OBLIGATIONS OF THE PARTIES SHALL TERMINATE AND THE DEPOSITS SHALL BE IMMEDIATELY DELIVERED BY ESCROW AGENT TO SELLER ON SELLER'S REQUEST. THE DEPOSITS SHALL BE DEEMED LIQUIDATED DAMAGES FOR BUYER'S NONPERFORMANCE AS SELLER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUYER (INCLUDING, WITHOUT LIMITATION, SELLER'S RIGHTS TO SEEK SPECIFIC PERFORMANCE OF THIS AGREEMENT AND TO RECEIVE DAMAGES) FOR BUYER'S FAILURE TO PURCHASE THE PROPERTY, WHICH SUMS SHALL BE PRESUMED TO BE A REASONABLE ESTIMATE OF THE AMOUNT OF ACTUAL DAMAGES SUSTAINED BY SELLER BECAUSE OF BUYER'S BREACH OF ITS OBLIGATION TO PURCHASE THE PROPERTY. FROM THE NATURE OF THIS TRANSACTION, IT IS IMPRACTICABLE AND EXTREMELY DIFFICULT TO FIX THE ACTUAL DAMAGES THAT SELLER WOULD SUSTAIN IF BUYER BREACHES SUCH OBLIGATION. THE IMPRACTICABILITY AND DIFFICULTY OF FIXING ACTUAL DAMAGES IS CAUSED BY, WITHOUT LIMITATION, THE FACT THAT THE PROPERTY IS UNIQUE, GIVEN THE FOREGOING FACTS, AMONG OTHERS, BUYER AND SELLER AGREE THAT LIQUIDATED DAMAGES ARE PARTICULARLY APPROPRIATE FOR THIS TRANSACTION AND AGREE THAT SAID LIQUIDATED DAMAGES SHALL BE PAID IN THE EVENT OF BUYER'S BREACH OF ITS OBLIGATION TO PURCHASE THE PROPERTY, DESPITE ANY WORDS OR CHARACTERIZATIONS PREVIOUSLY USED OR CONTAINED IN THIS AGREEMENT IMPLYING ANY CONTRARY INTENT. THE PAYMENT OF SUCH AMOUNT AS LIQUIDATED DAMAGES IS NOT INTENDED AS A FORFEITURE OR PENALTY WITHIN THE MEANING OF CALIFORNIA CIVIL CODE §3275 OR §3369 BUT IS INTENDED TO CONSTITUTE LIQUIDATED DAMAGES TO SELLER UNDER CALIFORNIA CIVIL CODE §§1671, 1676, AND 1677. NOTHING IN THIS AGREEMENT SHALL, HOWEVER, BE DEEMED TO LIMIT BUYER'S LIABILITY TO SELLER FOR DAMAGES OR INJUNCTIVE RELIEF FOR BREACH OF BUYER'S REPRESENTATIONS, WARRANTIES OR INDEMNITY OBLIGATIONS PURSUANT TO THIS AGREEMENT, OR FOR ATTORNEY FEES AND COSTS AS PROVIDED IN SECTION 12. WE ACKNOWLEDGE THIS LIQUIDATED DAMAGES PROVISION: SELLER'S INITIALS: BUYER'S INITIALS: 12. Enforcement Of Agreement By Buyer. It is agreed that the rights granted to Buyer by Seller hereunder are of a special and unique kind and character, and that, if there is a breach by Seller of any material provision of this Agreement, Buyer would not have any adequate remedy at law. It is Page 7 of 9 expressly agreed, therefore, that Buyer's rights hereunder may be enforced by an action for specific performance and such other equitable or legal relief as is provided under the laws of the State of California. 13. Escrow Cancellation Charges. In the event that this escrow shall fail to close by reason of the default of either party hereunder, the defaulting party shall be liable for all escrow and title cancellation charges. In the event that the escrow shall fail to close for any other reason, each party shall pay one-half (1/2) of all escrow and title cancellation charges 14. Survival. The Buyer and the Seller agree that all representations, warranties and agreements made herein shall not merge in, but shall survive, the Closing of this transaction and the delivery of any deed hereunder. 15. Notice. For purposes of this Agreement, notices or other communications provided for herein shall be in writing and shall be given or served in writing and served personally or forwarded by certified or registered mail, return receipt requested, or by guaranteed overnight mail delivery service, addressed to the addresses of the parties set forth below. The date of service of a notice served by mail will be the date of receipt or refusal of receipt. Either party may change its address by written notice to the other. To Buyer: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attn: City Manager With a copy to: Michael Jenkins Jenkins & Hogin 1230 Rosecrans Avenue, Suite 110 Manhattan Beach, CA 90266 To Seller: City of Industry P.O. Box 3366 City of Industry, CA 91744-0366 Attn: City Manager 16. Irrevocable Offer By Seller. Seller's execution and delivery to Buyer of this Agreement shall constitute an offer to sell the Property pursuant to the terms stated herein, which offer shall be irrevocable by Seller, provided that Buyer accepts such offer by executing and returning to Seller a counterpart of this Agreement on or before November 10, 2006. Seller understands and agrees that Buyer is a governmental entity which must schedule and hold one or more meetings of its governing body in order to authorize Buyer's approval of this Agreement and that Buyer is relying on the irrevocability of this offer in processing it for consideration by the City Council of the City of Diamond Bar and its governing body. Sellers further acknowledge and agree that this Agreement is tendered under the provisions of California Evidence Code Section 1152, and in the event this Agreement is not fully executed by the parties hereto, or is terminated for any reason whatsoever, this Agreement shall not be admissible to prove Buyer's liability in inverse condemnation, for precondemnation damages or otherwise, and may not be used as an admission of value in any eminent domain or other proceeding. 17. General. 17.1 Entire Agreement. The terms of this Agreement are intended by the parties as a final expression of their agreement with respect to such terms as are included in this Agreement and supersedes any prior written or oral agreements between the parties. The language in all Page 8 of 9 I"I parts of this Agreement shall be construed as a whole in accordance with its fair meaning and without regard to California Civil Code §1654 or similar statutes. No addition to or modification of this Agreement shall be effective unless it is made in writing and signed by the party against whom the addition or modification is sought to be enforced. 17.2 Invalidity of Provision. If any provision of this Agreement as applied to either party or to any circumstance is adjudged by a court of competent jurisdiction to be void or unenforceable for any reason, this fact shall in no way affect any other provision of this Agreement, the application of any such provision under circumstances different from those adjudicated by the court, or the validity or enforceability of this Agreement as a whole. 17.3 Time of the Essence. Time is of the essence in the performance of the parties' respective obligations under this Agreement. 17.4No Assignment. Buyer shall not assign this Agreement or any interest therein to any third party. 17.5 Counterparts. This Agreement may be executed in several counterparts, each of which will be deemed an original and all of which counterparts together will constitute one and the same instrument. 17.6 Third Parties. Nothing contained in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto and their successors and assigns, any rights or remedies under or by reason of this Agreement. IN WITNESS WHEREOF, each of the parties hereto have executed this Agreement by having its authorized representative affix his/her signature in the appropriate space below: CITY OF: DIAMOND BAR, C a California municipal corporation A BUYER S By: James DeStefano, City Manager A Page 9 of 9 __.__....... CITY COUNCIL Agenda #__L. _1 Meeting Date: 12/05/06 AGENDA REPORT TO: Honorable Mayor and Member Tf the City Council VIA: James DeStefano, City Man ged TITLE: CONSIDERATION FOR ADOPTIO OF RESOLUTION NO. 2003-60G APPROVING REVISED FEES FOR USE OF THE DIAMOND BAR CENTER Recommendation: The Parks and Recreation Commission and staff recommend adoption. Financial Impact: Recommended fee increases could generate as much as $200,000 in additional revenue annually. Current revenue projection for the 2006107 FY is $500,000. When the fee increase is fully implemented, the annual revenue could be $700,000, a 40% increase over this year's projection. Background 1 Discussion: Fees for use of the Diamond Bar Center were last adjusted by the City Council on April 6, 2004. Staff recently completed a survey of facilities that provide a similar experience as the Diamond Bar Center and are considered a comparable market for potential users. The survey showed that the current fees should be revised upward. The Diamond Bar Center continues to be in high demand and weekend dates are booked as far as 15 months in advance. Also, a waiting list that averages 16 people for winter months and 30 people for spring and summer months is the norm. The demand is so high that a lottery is conducted by staff each month to determine who gets the opportunity to rent the facility. As costs for the operation and maintenance of the facility continue to rise, staff believes it is good business to increase fees to recover more of the City's share of expenses. In 2004105 FY, it cost $631,000 to operate the Center, with revenue of $377,000. The 2006107 FY operations budget is $885,000, an increase of 40% since the 2004105 FY. The projected revenue for 2006107 is $500,000, an increase of 33% since the 2004105 FY. Staff believes that even with the proposed fee increase, demand for use of the Diamond Bar Center will continue, The Parks and Recreation Commission reviewed the proposed fee increases at their November 16, 2006 meeting and voted unanimously to recommend approval of the increases to the City Council. Summary of Recommended Fee Increase: (This summary is for weekend use of the entire Grand View Ballroom for a period of six (6) hours.) Type of Use Current Fee Proposed Fee Non -Profit Group $1,100 $1,200 Diamond Bar Resident $1,650 $2,400 Non Residents I All Businesses $2,200 $3,200 Attachments: Fee Survey (1 page titled Facility Comparison Project) Recommended Fee Changes (3 pages: Group C; Group D; and Group E) Resolution No, 2003-60G Diamond Bar Center Facility Use Policy Community Services Director 2 FEE SURVEY Facility Comparison Project Based on 300 people with a 6 hour rental Diamond Bar Diamond Bar Riverside Hacienda Heights Santa .Ana Pacific Palms Center Prices Center Prices Canyon Crest Ivy House Bowers Based on Diamond Now with Country Club Gardens Museum Bar resident rates Recommended Increase (5 hour rental) (5 hour rental) Room Rental Fee $1650 $2400 $500 $2500 N!A $2500 (Ceremony only) Fee for full $30,750 $31,500 $31,676 $22,731 $42,866 $54,865 service dinner (Facility Fee Included) Full service food cost $29,100 $29,100 $31,176 $20,231 $42,866 $52,365 without room rental Fee for buffet $16,350 $17,100 $23,176 $25,460 $48,711 $52,900 Dinner (Facility Fee Included) Buffet food cost $14,700 $14,700 $23,382 $22,960 $48.711 50,900 without room rental X. — Facility Use Fee Schedule Groups A: City of Diamond Bar Sponsored Activities— No fees Group B: City recognized Senior membership groups Group B: No fees for regular weekday use Recommended Fee Changes Group C-1, C-2 & C-3: Other Governmental Agencies, Local School Districts and Local Non -Profit Service Groups Current Proposed Current Weekend Proposed Cleaning Weekday Weekday Rates Weekend Deposit Room Rates Rates Rates Grand View $100/hr Same $200/hr* $12Q0 fora Ballroom Minimum 5 hour 6 hour rental $500 rental during $100 for weekend hours each $100/hr for each additional additional hour after hour the first 5 hours ($1100 for a 6 hour rental 2/3 Grand View $67.50/hr $75/hr $135/hr" $800 for a 6 Ballroom Minimum 5 hour hour rental $350 rental during $75 for each weekend hours additional $67.5/hr for each hour additional hour after the first 5 hours ($742.50 for a 6 �1/3 Same hour rental) Grand View Ballroom $45/hr $100 1/5 Grand Vievv $271hr Same Ballroom $100 Pine Room $45/hr Same $90/hr Same I (Senior) $100 Sycamore $45/hr Same $90/hr Same Room with Patio $100 $45/hr Same $90/hr Same $100 FO�i�21R_oom llow room $45/hr Same $90/hr SameComputer) $100 pRoom �— $25/hr Same $50/hr Same $100 mann Catering Kitchen $50/event Same n/a game 'D I Uu Recommended Fee Changes Group D: i Diamond Bar Resident Private Events Current Proposed ' Current Weekend Proposed Cleaning Weekday Weekday Rates Weekend Deposit Room Rates Rates Rates Grand View $150/hr Same $300/hr* Ballroom Minimum 5 hour $2400 for a $500 rental during 6 hour rental' weekend hours $200 for $150/hr for each each additional hour after additional the first 5 hours hour ($1650 for a 6 hour rental 2/3 Grand View $100/hr Same $200/hr' Ballroom Minimum 5 hour $1800 fora $350 rental during 6 hour rental weekend hours $150 for $100/hr for each each additional hour after additional the first 5 hours hour ($1100 for a 6 hour rental 1/3 Grand View $50/hr Same Ballroom $100 i 1/5 Grand View $30/hr Same Ballroom I� $100 $100/hr Same $100 om $50/hr Same �(Senior) Sycamore $50/hr Same $1001hr Same Room with Patio $100 Oak Room $501hr Same $100/hr Same $100 Willow room $50/hr Same $100/hr Same (Computer) $100 Maple Room $27/hr Same $55/hr Same $100 01 nn Catering Kitchen $50/event Same nia di I IFC y Recommended Fee Changes Group E: Non Residents and All Businesses Current Proposed Current Weekend Proposed Cleaning Weekday Weekday Rates Weekend Deposit Room Rates Rates Rates Grand View $200/hr Same $400/hr' Ballroom Minimum 5 hour $3200 for a $500 rental during 6 hour rental - weekend hours $300 for $200/hr for each each additional hour after additional the first 5 hours hour ($2200 for a 6 hour rental 2/3 Grand View $135/hr Same $270/hr* Ballroom Minimum 5 hour $2450 for a $350 rental during 6 hour rental weekend hours $200 for $135/hr for each each additional hour after additional the first 5 hours hour ($1485 for a 6 hour rental 1/3 Grand View $55/hr Same Ballroom $100 1/5 Grand View $35/hr Same Ballroom $100 $110/hr Same Pine Room $55/hr Same (Senior) $100 Sycamore $55/hr Same $110/hr Same Room with Patio $100 Oak Room $55/hr Same $110/hr Same $100 Willow room $55/hr Same $110/hr Same (Computer) $100 r—Maple Room $30/hr Same $60/hr Same $100 T A PSA Catering Kitchen $50/event Same n/a Dame �p I UU RESOLUTION NO. 2003-60G A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR RESCINDING RESOLUTION NO. 2003-60F AND REVISING THE POLICIES AND FEES FOR THE USE OF THE DIAMOND BAR CENTER OPERATED BY THE CITY OF DIAMOND BAR A. Recitals (i) The City Council adopted Resolution No. 2003-60F on August 15, 2006 revising the policies and stating the fees for use of the Diamond Bar Center; (ii) Staff has been utilizing the revised policies and stated fees to schedule reserved use since their adoption on August 15, 2006; (iii) Staff believes that the revised fees listed in Exhibit A more accurately reflect the market for use of a facility similar to the Diamond Bar Center and will result in a more efficient and effective operation; (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. Resolution NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar that: 1. The use of the Diamond Bar Center shall be governed by the policies and revised fees described in the Facility Use Policy for the Diamond Bar Center, attached hereto as Exhibit A, and incorporated herein by this reference as though set forth in full. 2. Resolution No. 2003-60F is hereby rescinded. PASSED, APPROVED AND ADOPTED this day of 2006. CAROL HERRERA Mayor ATTEST: TOMMYE CRIBBINS City Clerk I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on this day of 2006, by the following vote: AYES: COUNCILMEMBERS NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS TOMMYE CRIBBINS, City Clerk City of Diamond Bar rd EXHIBIT 'A' City of Diamond Bar DIAMOND BAR CENTER 1600 S. Grand Avenue Diamond Bar, CA 91765 Facility Use Policy Draft for City Council meeting on December 5, 2006 Resolution No. 2003-60G Facility Use Information 909.839.7070 City of Diamond Bar Table of Contents Section Topic Page I. DESCRIPTION OF FACILITY 3 IL PURPOSE OF THE USE POLICY 3 11I. DEFINITION OF TERMS 4 IV, GROUP PRIORITY RATING 4 V_ APPLICATION PROCEDURES 5 VI. ROOMS AVAILABLE FOR USE 7 l . Grand View Ballroom Use 7 2. Sycamore, Oak, Willow, Pine and Maple Room Use 9 (Meeting Rooms and Senior Room) 3. Kitchen Facilities Use 1 I VII. LIABILITY AND INSURANCE 12 VIII. GENERAL OPERATING REGULATIONS 13 lX. VARIANCES 17 X. FACILITY USE FEE SCHEDULE 19 XL EQUIPMENT RENTAL FEF, SCHEDULE 22 XII. TENANT USERS INSURANCE INFORMATION 23 2 City of Diamond Bar Diamond Bar Center Facility Use Policy DESCRIPTION OF FACILITY The City of Diamond Bar Diamond Bar Center ("Center" or "facility") is a 22,500 square foot facility owned and operated by the City of Diamond Bar and located at 1600 S. Grand Avenue. The facility consists of assembly rooms, meeting rooms, activity rooms, a senior citizen room, banquet rooms, and a catering kitchen. All of these rooms are available for use in accordance with the terms of this Facility Use Policy ("Use Policy"), which is administered by the Community Services Division of the City. All rooms listed are for multi-purpose use: a. Grand View Ballroom — stage, patio/balcony, room may be separated into 5 separate rooms. Dining capacity: 438 Dining capacity w/500 sq. ft. dance floor: 405 Dining capacity w/1000 sq. ft. dance floor: 372 Theatre capacity: 822 b. Sveamore Room — with enclosed patio, dining capacity: 60; theater capacity: 100 C. Willow Room — Computer Room; 10 computer stations d. Pine Room — Senior Room, dining capacity: 66; theater capacity: 120 e. Oak Room — Dance/exercise, hardwood floors, theater capacity: 185 (No dining in Oak Xoom) f. Maple Room — Craft Room, dining capacity: 32; theater capacity: 60 II. PURPOSE OF THE USE POLICY The purpose of this Use Policy is to assure that the Center is operated in a manner that best serves the residents of the City of Diamond Bar. It is intended to ensure that the use of the facility is granted in a fair and equitable manner for meetings, activities, and events, which are recreational, social, and/or civic in nature, offering services of interest and need to the community. Fees charged for the use of the facility are intended to recoup on-going maintenance and operation costs of the facility. City facilities are not to be used for personal and/or private gain. The City Manager has the discretion to make operational policy changes while policy changes pertaining to the fees will be reviewed and recommended by the Parks & Recreation Commission and then proposed to the City Council. III. DEFINITION OF TERMS 1. "Center Director" means the administrative head of the Diamond Bar Center, or its staff, under the direction of the City of Diamond Bar Community Services Division. 2. "City" means the City of Diamond Bar, acting through its officials, representatives, agents, and employees. 3. "User" means an individual who or group which obtains a confirmed reservation to use the Diamond Bar Center pursuant to the terms of this Use Policy. 4. "Applicant" means an individual or group, which submits a completed City of Diamond Bar Facility Use Application and required deposit to use the Diamond Bar Center pursuant to the terms of this Use Policy. The date requested by the applicant will be held as long as the requirements and deadlines of the Facility Use Policy are met. 5. "Confirmed Reservation" means a reservation issued by the City upon approval of a Facility Use Application for use of the facility or some portion thereof by an applicant, after all requirements of the Facility Use Policy are met. 6. "Inquiry" means when an individual or representative of a group seeks information about available dates for possible use by that individual or group. An available date can not be held for possible use by making an inquiry. 7. "Soft Reservation" means when an individual or representative of a group makes an appointment with staff to submit a written application, to sign the contract and to pay the required deposit for a specific room, date and time. The date for possible use will be held from the time the appointment to meet with staff is made until the meeting date and time. The meeting with staff shall occur within seven (7) calendar days of setting the appointment, or else the soft reservation will be forfeited. IV. GROUP PRIORITY RATING An individual or group seeking permission to utilize the facilities at the Center will be classified in one of the following priority groups. These classifications are used to establish 1) priority of use, 2) applicability of a fee,.and 3) amount of the fee, if any. The priority groups are as follows: A. GROUP A- Activities conducted and/or sponsored by the City of Diamond Bar. 13. GROUP B- Activities conducted by the City recognized Senior citizen membershiprg oups. C. GROUP C: C-1- Activities conducted by Governmental agencies other than the City of Diamond Bar, which provide some service to the Diamond Bar community (e.g. County of Los Angeles agencies, districts and authorities, and elected officials; State of California departments and elected officials, multi -city organizations and joint powers authorities to which the City belongs. Federal agencies, departments and elected officials; etc.) ii. C-2- Activities conducted by the two local school districts, Pomona Unified School District and Walnut Vallev Unified School District. 4 C-3- Activities conducted by Diamond Bar based non-profit service organizations. To qualify as a local non-profit organization, the organization shall have a minimum membership of 60% Diamond Bar residents or 60% Diamond Bar business addresses (e.g. Boy Scouts, Girl Scouts, Little League, Rotary Club, etc.). A membership roster and the Articles of Incorporation indicating status as a Diamond Bar based non-profit (for example: 501(C)(3) organization shall be submitted as a condition of an organization receiving classification in this group. D. GROUP D: Private events conducted by Diamond Bar residents. E. GROUP E Non-resident private events and non-resident groups, and organizations and businesses and commercial functions. (Examples: Commercial functions, resident and non-resident business meetings, or non-resident private affairs.) Priority for use of the facility will be in alphabetical sequence, with Group A applicants receiving the highest priority and Group E applicants the lowest priority. V. APPLICATION PROCEDURES 1. An individual or representative of a group may inquire about the availability of a specific room, date and time as well as rental rates by telephone or in-person at the Center during regular business hours. An available date can not be held for possible use by making an inquiry. 2. An individual or representative of a group can hold a date for possible use by making an appointment with staff to submit a written application, to sign the contract and to pay the required deposit for a specific room, date and time. The date for possible use will be held from the time the appointment with staff is made until the appointment date and time. The meeting with staff shall occur within seven (7) calendar days of setting the appointment, or else the held date (soft reservation) shall be forfeited. 3. All applicants must complete a City of Diamond Bar Facility Use Application ("Application") and pay all applicable fees at the time of submitting the application. 4. The applicant shall be classified and assigned a Group in accordance with the definitions and priority rankings set forth in Section IV of this Use Policy. 5. Reservations may be made no earlier than: Group A: no limit. Group B: Up to six (6) months in advance for subsidized and/or discounted use, fifteen (15) months in advance when not subsidized or discounted. Staff will schedule senior facility use 15 months in advance. Scheduling of actual user will be done 6 months in advance during meeting with Group B users that submitted facility use requests. Groups C-1, C-2 and C-3: Up to fifteen (15) months in advance. Group D: Up to fifteen (15) months in advance. Group E: Up to twelve (12) months in advance. i. Reservations will be taken per the advance reservation schedule, listed in number 5 above, beginning on the first dray of the month, for the entire month, at 7:30am. If the first of the month falls on a holiday, then reservations will be taken beginning on the next regular business day for the Diamond Bar Center at 7:30am. In the event that two or more people are interested in renting the Grandview Ballroom, who have the same priority ranking, and show up to reserve the facility on the first day it becomes available at 7:30am, a lottery for the dates will take place. At 7:30am, the lottery will begin with all parties who are present at the time the doors to the Diamond Bar Center are opened by staff. The lottery will run as follows: A staff member will allow one individual from each party to draw a number. The party with the lowest number after individuals from each party have drawn will have first choice of date (one date only) for the month in question. The next choice will go to next lowest number, and so on. Once all the available dates have been taken, the next lowest number, as well as the remaining numbers in order, will be placed on the wait list. 7. Hours of operation are limited to Sunday through Thursday 7:30am — 11:OOpm and Friday and Saturday 7:30am - 12:00 midnight. A one (1) hour clean up is mandatory at the end of each event for Grand Ballroom use. Requests for alternate hours require special written approval and may be subject to additional fees. 8. Weekends are defined as beginning at 5:00 pm on Friday and ending at 11:00 pm on Sunday. Any reserved time that falls between this period of time shall be considered a weekend and will be charged weekend rate. Use on New Year's Eve shall be charged weekend rates and shall require minimum use of 2/3 Grand Ballroom. 9. Observed Holidays — Thanksgiving Day Christmas Eve, Christmas Day and New Years Day — No use shall be scheduled on observed holidays without Center Director's approval. 10. Upon approval of an application, a facility rental contract will be issued authorizing the requested use of the facility. The Center Director may attach such conditions to the contract as she/he may determine necessary for the protection of the public health, safety and welfare and the Center facility. Applicants shall not transfer, assign, or sublet use of the Center or apply for use on behalf of another person or organization. 11. Applications shall be accompanied by proof of liability insurance consistent with the provisions of this Use Policy, a refundable cleaning deposit, and fees per the attached fee schedule. 12. Use will be approved based on availability in accordance with priority rankings. In the event that a higher priority user submits a written application for the same room, date and time during the soft reservation period, then the higher priority user will have seven (7) calendar days to sign the contract and pay the required deposit to bump the soft reservation of a lower priority user. Use may be denied and the application rejected for the following reasons: A. That the Center is physically incapable of accommodating the proposed activity by reason of the nature of the activity or the number of people estimated to be in attendance. B. That the user has failed to demonstrate its ability to provide adequate security to assure that the event is conducted in a safe manner. C. That the applicant has failed to agree to comply with all of the conditions of this Use Policy or those set forth in the facility use permit. D. That the activity is likely to cause physical damage to the Center or its equipment. E. That conditions for the issuance of a facility use permit have not been fulfilled. F. That any law or regulation is violated by an intended use. G. That another event is already scheduled on the requested date. H. That the applicant previously used the facility and failed to comply with applicable riles or conditions, or due to damage or lack of cleaning, did not receive all of its cleaning deposit back. I. That the applicant has twice before cancelled a scheduled event in the facility without prior notice. 13. If at any time prior to or during the scheduled event the applicant/user is not in compliance with the policies and regulations stated in this Use Policy or the conditions of the facility use permit, and after notice of noncompliance, has failed or refused to comply (or compliance is no longer possible), the City, acting by and through the Director of Community Services or his/her designee, may cancel the reservation or terminate the event. Under those circumstances, no deposits and/or fee(s) previously paid by the applicant shall be returned. 14. The City reserves the right to cancel a permit issued for any event or activity for its convenience. In the event of such a cancellation, notice shall be given as far in advance as possible and a full refund will be made. Every effort will be made to find a suitable alternative facility if cancellation by the City is necessary. VI. ROOMS AVAILABLE FOR USE Banquet Room Use A. Reservation Procedures for Banquet Room Use All potential users shall complete an Application a minimum of 30 days prior to the event. ii. Reservations made less than 30 days in advance of the event will be accepted only if the facility and required staffing elements are readily available. Additional fees may be required from service providers when limited advance notice is provided. All applicable fees must be paid at time of submittal of City of Diamond Bar Facility Use Application. Fees paid are subject to cancellation policy. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and paid. iv. Fees for reservations made within 30 days of the event must be paid by credit card, cashier's check or cash. V. Weekend use of Banquet Room requires a minimum five (5) hour rental period and minimum 2/3 rental of the Banquet Room. Rental time must include set-up and clean-up time. 7 B. Deposits Required for Banquet Room Use i. Rental fees exceeding $500 require a minimum rental fee deposit of $500 payable with an approved application. The remaining balance is due at least 30 days prior to the event. H. Rental fees less than $500 require a minimum deposit of half of the amount of the rental fee payable with an approved application. The remaining balance is due at least 30 days prior to the event. C. Cancellation of Banquet Room Permit by Applicant Groups D and E reserving the banquet room shall adhere to the following cancellation policy: a. Weekend reservations cancelled 90 days or more prior to the event will receive a refund of fees minus $100. b. Weekend reservations cancelled 30-89 days prior to the event will receive a refund of fees minus $500 or amount of rental fee deposit, whichever is less. c. Weekend reservations cancelled 29 days or less prior to the event will receive no refund of the rental fees and a full refund of the cleaning deposit. d. Weekday reservations cancelled 30 days or more prior to the event will receive a refund of fees minus $100. e. Weekday reservations cancelled 29 days or less prior to the event will receive a 50% refund of the rental fee and a full refund of the cleaning deposit. ii. Groups C-1, C-2 and C-3 reserving the banquet room shall adhere to the following cancellation policy: a. Weekday reservations cancelled 30 days or more prior to the event will receive a full refund minus $10. If cancellation is received 29 days or less prior to the event there will be a $100 cancellation fee and the reservation/ cancellation will count as one of the group's allotted uses. b. For weekend use, cancellation shall comply with the cancellation policy as stated in Section VI. C. i. 1D. Recurring Banquet Room Use by Group B Organizations (Senior Groups) Senior use of banquet room at no cost is limited to weekdays. Room may be reserved up to six months in advance. ii. Each City -recognized senior organization may reserve one use of banquet room per week. iii. Banquet room may be used only when expected attendance exceeds 115 people for banquet style and 200 people for auditorium style seating. 0 iv. Weekend use of Banquet Room by senior groups requires payment of fees according to the rental rates for Group C organizations and is subject to Group C cancellation charges. When the fee for use is not discounted, the room may be reserved up to fifteen months in advance. When the Banquet Room is not reserved for weekend use six (6) months or less prior to desired use, Diamond Bar -based non-profit Senior Groups may reserve use of Banquet Room for the discounted rate of $30 per hour of use, with a two-hour minimum, plus $60 per 100 people for set-up, take down and clean-up. Such use shall not interfere with any other scheduled use of facility, and must receive prior approval from the Center Director. Discounted weekend use of Banquet Room by senior groups is limited to one time per calendar year. E. Recurring Banquet Room Use by Group C-3 Organizations (Diamond Bar Based Non-profit service organizations). Non-profit organizations in this classification are allowed two 2 uses of the banquet room per calendar year. These uses apply Monday -Friday (before 5:00 pm on Friday) only and the group shall pay $20 per hour of use plus cleaning deposit. The two (2) allocated uses include a maximum of two hours immediately prior to the start of the event for set up at no charge and one hour of clean up immediately following the event at no charge. Any additional time needed prior to and/or following the event will be charged at the prevailing rental rate. iii. After the two (2) allocated uses in the same 12 month period, non-profit users in this classification will be charged prevailing weekday rates. iv. Weekend use requires full payment according to the approved rental rate for this classification. F. Refunds of Security and Cleaning Deposits Security and cleaning deposits shall be refunded if proper cleanup is completed and no breakage or damage has occurred. This determination will be made by the Center staff. The user shall be required to pay the full cost of breakage or damage (over and above the deposited funds), regardless of the amount. If damage occurs and it is less than the deposit, the difference shall be refunded. iii. Refunds will be mailed two (2) to four (4) weeks after the event. Sycamore, Oak, Willow, Pine and Maple Room Use (Meeting Rooms and Senior Room) A. Reservation Procedures for Meeting Room, Sycamore, Oak, Willow, Pine and Maple Room Use All potential users shall complete an Application a minimum of 30 days prior to the event. ii. Reservations made less than 30 days in advance of the event will be accepted only if the facility and required staffing elements are readily available. Additional fees may be required from service providers when limited advance notice is provided. All applicable fees must be paid at time of submittal of City of Diamond Bar Facility Use Application. Fees paid are subject to cancellation policy. No reservation shall be confirmed until appropriate fees, deposits, permits/ licenses, and insurance are obtained and paid. iv. Minimum use is 2 hours of rental time. Fees for reservations made within 30 days of the event must be paid by credit card, cashier's check or cash. Pine Room (senior room) can be reserved only two (2) months in advance. B. Deposits required for Sycamore; Oak, Willow, Pine and Maple Room use: Rental fees exceeding $1000 require a minimum deposit of $500 payable with an approved application. The remaining balance is due 30 days prior to the event. ii. Rental fees less than $1000 require a minimum deposit of half of the amount of the rental fee payable with an approved application. The remaining balance is due 30 days prior to the event. C. Cancellation of Sycamore, Oak, Willow, Pine and Maple Room use Groups D and E reserving meeting rooms shall adhere to the following cancellation policy: a. Reservations cancelled 15 days or more prior to the event will receive a refund of fees minus $50. b. Reservations cancelled 14 days or less prior to the event will receive a 50% refund of the rental fee and a full refund of the cleaning deposit. All Group C organizations reserving meeting rooms shall adhere to the following cancellation policy: a. Reservations cancelled 15 or more days in advance shall receive a full refund and this will not count toward one of their twelve meeting room uses. b. Reservations cancelled 14 days or less in advance will receive a 50% refund of the rental fees, a full refund of the cleaning deposit and this will count toward one of their twelve allotted uses. D. Recurring Use of meeting room, game room, activity room by Group B Organizations (Senior Groups) Senior use of meeting room, game room, and activity room is limited to weekdays. Rooms may be reserved up to six months in advance. 10 ii. Each City -recognized senior organization may reserve one use of one meeting room, game room or activity room per week. E. Recurring Use of Pine Room (Senior Room) by Group B Organizations (Senior Groups) Senior use of senior room is available seven (7) days per week, during regular operating hours of facility. Room may be reserved up to six months in advance. ii. Each City -recognized senior organization may reserve two uses of senior room per week. When senior room is not scheduled for senior use, use may be offered to other users, per meeting room policies. Recurring Use of Meeting Rooms by Group C-3 Organizations (Diamond Bar Based Non-profit service organizations). Non-profit organizations in this classification are allowed twelve (12) uses of meeting rooms per calendar year. These uses apply Monday -Friday (Friday before 5:00 pm) only and the group shall pay $20 per hour plus cleaning deposit. After the twelve (12) allocated uses, non-profit users in this classification will be charged the prevailing rental rates. The twelve (12) allocated uses include a maximum of two hours immediately prior to the start of the event for set up at no charge and one hour of clean up immediately following the event at no charge. Any additional time needed prior to and/or following the event will be charged at the prevailing rental rate. Kitchen Facilities Use A. Reservation Procedures for Kitchen Facilities Use i. The kitchen is divided into two sections: a. General Use Section b. Catering Kitchen ii. The General Use Section is available at no cost to all users scheduled at the Diamond Bar Center on a first come, first served basis. Use shall be coordinated between the users to best meet the needs of all users. Equipment available includes coffee maker (user provides coffee/service), ice machine, sink, and refrigerator (items must be removed after each scheduled use). iii. The Catering Kitchen is available only to users scheduled for a catered event at the Diamond Bar Center. Use of the Catering Kitchen must be requested on the same Application that is submitted for room use. Fee for use of Catering Kitchen is stated on the fee schedule. Equipment available includes refrigerator/freezer (items must be removed after each scheduled use), microwave oven, convection oven, warming top, hot food service unit, warming ovens (2), and a sink. B. Kitchen Use Policies: Only licensed caterers may provide food service for events scheduled at this facility. 11 ii. The kitchen is designed for food warming and serving. NO COOKING IS ALLOWED IN THIS FACILITY. iii. Storage for Priority Groups A, B & C-3 that are recurring users may be available on a first-come, first-served basis, for a period not to exceed six months. After six months, if demand exceeds supply, storage space will be allocated through random drawing. VII. LIABILITY AND INSURANCE All users of the facility shall procure and maintain, at their own expense and for the duration of the event covered, comprehensive general liability and property damage liability insurance, against all claims for injuries against persons or damages to property which may arise from or in connection with the use of the facility by the user, its agents, representatives or employees in the amount of one million dollars (51,000,000.00), combined single limit. (If alcohol is to be served, insurance coverage stall include coverage for serving alcohol beverages). All of user's insurance shall: A,. Name the City of Diamond Bar, its employees, officials, agents, (collectively hereinafter "City and City personnel") as additional or co-insured on an endorsement. B. Contain no special limitations on the scope of protection afforded to City and City personnel. C. Be the primary insurance and any insurance or self-insurance maintained by City or City personnel shall be in excess of the user's insurance and shall not contribute with it. D. Shall be "date of occurrence" rather than "claims made" insurance. E. Shall apply separately to each insured against the limits of the insurer's liability F. Shall be written by insurance companies qualified to do business in California and rated "A" or better in the most recent edition of Best Rating Guide, The Key Rating Guide, or in the Federal Register, and only if they are of a financial category Class VIII or better, unless such rating qualifications are waived by the City's Risk Manager due to unique circumstances. G. The applicant's policy must include a 30 -day written cancellation notice. Certificate of Insurance -- The City of Diamond Bar requires the following information on all certificates and/or additional insured endorsements: A. Wording must read exactly, with no exceptions accepted: "Additional Insured: City of Diamond Bar, its officials, employees, and agents." B. Additional insured endorsements must accompany the Certificate of Insurance and indicate policy number, date, name of insurance company and name of "insured". C. Certificate must be an original. No copies will be accepted. 12 D. The Certificate of Insurance must be filed with the Diamond Bar Center not later than the date of final payment or fourteen (14) days prior to the event, whichever is earlier. If a certificate is not on file by this date, insurance fees will be added to the final payment. E. If alcohol is to be served insurance coverage shall include coverage for serving alcohol beverages). 4. Indemnification Clause -- To the full extent permitted by law, user shall defend, indemnify and hold harmless City, its officials, employees and agents, from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a consequence of or arising out of or in any way attributable actually, allegedly or impliedly, in whole or in part to the use of facility by user. All obligations under this provision are to be paid by the user as they are incurred by the City. 5. If the applicant is unable to provide adequate insurance, the City of Diamond Bar, for a fee, will make available Tenant/Uscr insurance coverage. Please see section XII for information and fees for Tenant/User insurance coverage. 6. The insurance requirements set forth above are inapplicable when planned attendance is less than 25 people and the event consists of a meeting utilizing facility tables and chairs only and no alcohol is to be served. VIII. GENERAL OPERATING REGULATIONS The Use and Service of Alcohol - The use of alcohol in the Center is exclusively by written permission in advance and must comply with applicable law and the provisions of this Use Policy. Failure to comply with any regulations will result in immediate revocation of the permission to use alcohol and termination of the event. Additional regulations and specifications may be required in the facility use permit for any event. A. "Alcohol use" refers to any beverage that contains any amount of alcohol. B. Security is required to be present at all events at which alcohol is served. Cost of the security is the responsibility of the user and is payable directly to the City approved security firm. Hazard II & III events with alcohol are required to have additional security, as determined by the Center Director. C. Alcohol shall not be served to minors. The user's failure to comply, monitor and enforce this provision is grounds for terminating the activity immediately and forfeiture of the refundable deposits and all of the room fees. D. Injuries caused to any person as a result of alcoholic beverages being served and/or consumed on City premises, including but not limited to the Diamond Bar Center, shall be the sole responsibility of the organization, its sponsor or the adult representative, who, as a condition of signing the use permit for the facility agree to indemnify the City for any such injuries. E. Permission to serve alcohol shall not be granted for any event where the majority (50% plus one) of guests in attendance will be under the age of 21. 13 F. Alcohol may neither be served nor sold prior to the scheduled start of the event nor until the approved security officer(s) arrive(s) at the Center unless the requirement for security has been waived all together. G. Alcohol may not be served nor consumed outside of the room approved for use. Serving or consuming alcohol on patios adjoining the room approved for use is permitted. H. Alcohol may not be served nor consumed in the parking lot without obtaining a special alcohol permit approved by the Director of Community Services. I. License Requirements (when alcohol is to be sold). i. No sales or requests for donations for alcohol are permitted without a license from the State Alcoholic Beverage Control Board (A.B.C.) ii. A copy of your Diamond Bar Center contract must be furnished to A.B.C. when applying for this license. iii. A copy of the A.B.C. license must be furnished to the Diamond Bar Center a minimum of seven working days prior to the event. iv. A copy of the A.B.C. license must be posted in plain public view near the bar, or other location, where the alcohol is being served. V. Non -Profit Organizations: A one -day alcoholic beverage permit can only be issued to Non-profit organizations and only if the proceeds are going back to that Non -Profit organization. vi. Private Parties: Private parties i.e. weddings, anniversaries, birthdays, meetings, or anyone other than a Non -Profit organization, shall not sell alcohol on their own, but must arrange this through a licensed caterer. The caterer must have a License (Type 47 or 48), which enables the caterer to sell beer, wine, & distilled spirits (hard liquor). If the caterer does not have this license the private party cannot sell alcohol. NO EXCEPTIONS. It is illegal for a private party to sell alcohol on their own. I. The service of alcohol at any event is limited to a maximum of five consecutive (5) hours. K. All alcohol must be distributed from behind a table or a bar by an adult, over the age of 21 who is to be responsible for insuring that no minors are served. L. When serving champagne, all bottles must be opened in the kitchen prior to serving. Champagne bottles may not be opened in the banquet rooms. All unopened bottles must be stored in the kitchen. M. Security service must be present through the clean up hour. 14 Supervision by Center Staff is necessary for the public's safety and well-being. Center staff shall be responsible for and have complete authority over the facility being used, all equipment, participants, and activities. The staff shall have authority to request changes in activities or cessation of activities. Users must comply with these requests and instructions. Staff shall be responsible for enforcement of all Policies, rules, and regulations. The Center Staff shall have the authority to deny or terminate the use of the facility if a determination is made by Center Staff that the use does not conform to the requirements of Center use policies and regulations and/or may cause damage to the facility. The City reserves the right to require security whenever it deems it appropriate. Tobacco use of any kind or smoking is not permitted in the Diamond Bar Center. Smoking is permitted in designated outdoor areas only. 4. Incense, fog, hazer or smoke use is not permitted in the Diamond Bar Center at any time. Fire and open flame are strictly prohibited without written approval from Diamond Bar Center Management in the form of a permit issued by the City Building and Safety Official. Typical uses of fire and open flame that may be considered for approval include: a.) Tea lights that meet the design standards of the L.A. County Fire Department; b.) Regular style birthday candles no more than 3 1/2 inches in height that are placed in a cake (pastry or ice cream) and lit for a short duration and then extinguished after the singing of a celebratory song (relight candles are not allowed); Request for permit, along with sample candle or open fame device, must be submitted to the Diamond Bar Center staff a minimum of 7 days prior to event. The use of fog and smoke generating machines and hazers are prohibited. Sterno heaters for food warming are allowed without a permit by licensed caterers if heater is placed under a chafing dish on a table with no guests seated at the table. Propane containers (or similar Class I and II liquid fuels) are prohibited inside the Diamond Bar Center at all times. 5. Animals are not permitted inside the Diamond Bar Center except those that serve as aides to physically challenged individuals. This includes, but is not limited to, guide dogs for the blind and dogs for the hearing or physically impaired. Diamond Bar Municipal Code section 12.00.260 specially prohibits animals outside the Diamond Bar Center or in Summit Ridge Park (except leashed dogs and cats, and horses on equestrian trails) unless permitted by the Director. Permits will be considered when animal is provided by an insured business and the following conditions are met: 1. Animal must remain under the control of the business animal handler at all times 2. Business must provide one million dollars in liability/property damage insurance listing the City of Diamond Bar as an additional insured, per Section VII. 3. User of facility must pay a $1,000 cleaning/property damage deposit. Illegal Activities shall not be permitted. All groups and individuals using the Center shall comply with City, County, State, and Federal laws. Fighting, gambling and lewd conduct are prohibited. Removal of Equipment from the building is prohibited without permission of Center Director. Moving, rearranging, or altering equipment for purposes other than its intended use is also prohibited. City equipment shall not be removed from the facility. Facility User's Property (equipment, supplies, etc.) must be removed from Center immediately following activity. The Center reserves the right to remove any remaining items from the premises and have them stored at the owner's expense. If such equipment or supplies are not claimed within two (2) weeks after notice to the applicantiuser, the Center reserves the right to dispose of such material in any manner it deems appropriate and retain any proceeds received from such disposal. Any cost to the City, including but not limited to administrative costs, incurred to dispose of the unclaimed property in excess of the revenue received from such disposal shall be billed to the user with payment due and payable in thirty (30) days. 15 9. Advertising Materials may be left with the Center Director for approval and will be displayed when deemed appropriate and as space permits. Any item posted which has not been approved will be removed and discarded. 10. In the event of damage, destruction or defacement, the applicant shall be liable for all expenses required to repair, restore or replace the facility, its furnishing, or equipment to its original condition. it, Minimum group attendance to request a meeting room is five (5) people. The estimated attendance will be used to determine appropriate room placement. The Center Director has the authority to determine appropriate room placement based on attendance and nature of event. 12. Sleeping or lodging is not permitted in the Center. 13. Allocation of Rooms shall be the sole responsibility of the Center Director. The City reserves the right to direct requests for rooms to other City facilities which are deemed more appropriate for the type of re=quest or deny requests if they are deemed inappropriate for the facility. All requests must be in writing and submitted to the Center Director on the required forms. 14. Clean up is the user's responsibility. This includes the wiping of table tops, ensuring chairs are clean, removing all trash from floors, disposing of all trash into proper receptacles, mopping of kitchen floor, wiping of counter tops and kitchen equipment, cleaning up all spillage in refrigerators/freezers, ovens, and removal of all user -owned or leased (non -City owned) items. Clean-up time is the hour following the exit time of guests from the facility. At this time all personal/rental items must be removed from the facility. Storage is not provided at the Diamond Bar Center. 15. Food and Beverage - No food or beverages that cause permanent stains to the facility are allowed. Food and beverages must remain in rented room. 16. Minors - Groups of minors shall be supervised by one adult for every 10 minors, age 12 and under and one adult for every 20 minors under the age of 18 and over the age of 12 at all times while they are using the Center. Events that are specifically geared to minors may be required to have security guards present during the event and cleanup. 17. Revocation for Violation - Reservations may be cancelled at any time by the Center Director if there has been a violation of applicable rules or conditions of the facility use permit. 18. Public Portions - The City shall have the right to control and operate the Center, including the heating and air conditioning systems and common use areas, in a manner deemed best by the City. 19. Discrimination By User Groups - The City of Diamond Bar shall not rent, lease, or allow use of its public facilities by any person or organization that illegally discriminates on the basis of race, color, creed, marital status, sex, religion, national origin, ancestry, sexual preference, or handicap condition. 20. Parking Lot - The use of the parking lot is to service the facility. Exceptions may be issued through approval of a Variance as provided in Section IX. Requests to use the parking lot will be considered under "events not covered" (see paragraph 21 below) for appropriate use, fees, and service. 21. Events Not Covered - Special events or requests not covered in this Use Policy must be submitted in writing and shall be reviewed by the City to determine appropriate use, fees, and services. A Variance may be required as provided in Section IX. 22. Decorations require prior approval by the Center Director. No signs or decorations are to be taped, nailed or otherwise attached to walls, windows, ceilings, or drapes. Decorations must be fireproof. Patio decorations must have prior approval. No rice, birdseed, confetti, or other similar items shall be thrown in or around the facility. Fire and open flame are strictly prohibited without specific, prior approval from Diamond Bar Center Management and the Fire Marshall's written approval and his/her presence at the event while the approved fire or open flame is in use. (User of facility is responsible for all L.A. County Fire Department fees related to the required presence of the Fire Marshall.) The only exception to this is tea lights, which can be used if tea light design meets City and L.A. County Fire Department standards. See paragraph 4 above for more details. The use of fog generating machines is prohibited. Balloons must be secured and not released. Metallic ribbons may not be attached to balloons. A fee will be assessed if facility janitorial staff has to retrieve released balloons. 23. Security of Entrances - All entrance doors on the premises shall be locked when the facility is not in use. All door openings to public corridors shall be kept closed except for normal ingress and egress. During use of the Center, all exit doors shall be unlocked and shall not be blocked in any manner. IX. VARIANCES An applicant may request a variance from one or more of the rules set forth below in the event that unusual circumstances make it impossible or infeasible to conduct the event within the precise parameters of this Use Policy. Variances may be requested only from the following requirements: Hours of use beyond closing times stated in this document. if. Relief from cancellation fees when facility is then used by an alternate party that pays fees similar to or more than the cancelled event (for the same date and approximate time as the cancelled event). If variance is granted, a $5.00 refund processing fee will be deducted from refund amount. iii. Use of the parking lot for any purpose other than parking the cars of facility users in marked stalls. iv. Additional recurring Weekday use by priority Group C organizations and/or subsidized/discounted weekend use by priority Group B organizations. Additional set-up time for any use by priority Group B or C organizations. Organization will be charged actual costs borne by the City, if any. Such use shall not interfere with any other scheduled use of facility, and must receive prior approval from the Center Director. Vi. Large events that involve the use of multiple rooms and/or spaces not normally scheduled for use and uses that may result in parking of event attendees in areas beyond the boundary of the Diamond Bar Center parking lot, or events not covered in this Use Policy. vii. Waiver of fees for Group C-1 (governmental) organizations when it is determined that the use by the Governmental Organization will provide a substantial and measurable benefit to the Diamond Bar community or the event is sanctioned by the City Council through adoption of a Resolution. 17 Requests for waiver or discount of fees will not be accepted nor considered except for variances listed above. 3. Variance Request Procedures: i. Variances must be requested in writing at the time of submission of the Facility Use Application. The request must set forth the unusual circumstances that justify a deviation from the ordinary rules. ii. Variances will be granted only upon a finding that: 1) the circumstances presented are unusual and not likely to recur often; 2) the grant of the variance will not set a precedent; and 3) the variance will not be detrimental to the public health, safety or welfare, or disruptive to other events occurring in the facility at the same time, or to the immediately surrounding neighborhood. The request for a variance will be acted upon at the time the application is approved. iii. In the event a variance is granted, the applicant will pay any supplemental fee necessary to compensate the City for additional costs associated with the variance. Denial of a variance may be appealed within ten days to the City Manager. The City Manager's decision will be final. 18 X. — Facility Use Fee Schedule Groups A: City of Diamond Bar Sponsored Activities— No fees Group B: City recognized Senior membership groups Group B: No fees for regular weekday use Recommended Fee Changes Group C-1, C-2 & C-3: Other Governmental Agencies, Local School Districts and Local Non -Profit Service Groups I Current Proposed Current Weekend Proposed Cleaning Weekday Weekday Rates Weekend Deposit Room Rates Rates Rates Grand View $100/hr Same $200/hr* $1200 for a Ballroom Minimum 5 hour 6 hour rental $500 rental during $100 for weekend hours each $100/hr for each additional additional hour after hour the first 5 hours ($1100 for a 6 hour rental 2/3 Grand View $67.50/hr $75/hr $135/hr* $800 for a 6 Ballroom Minimum 5 hour hour rental $350 rental during $75 for each weekend hours additional $67.5/hr for each hour additional hour after the first 5 hours ($742,50 for a 6 hour rental) 1/3 Grand View $45/hr Same Ballroom $100 1/5 Grand View $27/hr Same Ballroom $90/hr Same $100 Pine Room $45/hr Same (Senior) $100 Sycamore $45/hr Same $90/hr Same Room with Patio $100 Oak Room $45/hr Same $90/hr Same $100 Willow room $45/hr Same $90/hr Same (Computer) $100 Maple Room $25/hr Same $50/hr Same $100 mw nn Catering Kitchen $50/event Same n/a aame 'P I UV Recommended Fee Changes jGroup D: Diamond Bar Resident Private Events Current Proposed Current Weekend Proposed Cleaning Weekday Weekday Rates Weekend Deposit Room Rates Rates Rates Grand View $150/hr Same $300/hr* Ballroom Minimum 5 hour $2400 for a $500 rental during 6hour rental weekend hours $200 for $150/hr for each each additional hour after additional the first 5 hours hour ($1650 for a 6 hour rental 2/3 Grand View $100/hr Same $200/hr* Ballroom Minimum 5 hour $1800 fora $350 rental during 6 hour rental weekend hours $150 for $100/hr for each each additional hour after additional the first 5 hours hour ($1100 for a 6 hour rental 1/3 Grand View $50/hr Ballroom jSame $100 1/5 Grand View $30/hr Ballroom $100 $100/hr Same Pine Room $50/hr Same (Senior) $100 Sycamore $50/hr Same $100/hr Same Room with Patio $100 Oak Room $50/hr Same $100/hr Same $100 Willow room $50/hr Same $100/hr Same (Computer) $100 M ple Room $27/hr Same $55/hr Same $100 A` A nn Catering Kitchen $50/event Same nia Janie .v I VV Recommended Fee Changes Group E: Non Residents and All Businesses Proposed Current Weekend Proposed Cleaning Weekday Rates Weekend Deposit Room ERates Rates Rates Grand View $200/hr Same $400/hr` Ballroom Minimum 5 hour $3200 for a- $500 rental during 6 hour rental weekend hours $300 for $200/hr for each each additional hour after additional the first 5 hours hour ($2200 for a 6 hour rental 2/3 Grand View $135/hr Same $270/hr* Ballroom Minimum 5 hour $2450 fora $350 rental during 6 hour rental weekend hours $2OO for $135/hr for each each additional hour after additional the first 5 hours hour ($1485 for a 6 hour rental) —1/3 Grand View $55/hr Same Ballroom $100 1/5 Grand View $35/hr Same Ballroom $100 Pine Room $55/hr Same $110/hr Same (Senior) I $100 Sycamore $55/hr Same $110/hr Same $100 Room with Patio Oak Room $55/hr Same $110/hr Same $100 Willow room $55/hr Same $110/hr Same (Computer) $100 Maple Room $30/hr Same $60/hr Same $100 Catering Kitchen $50/event Same nia Jarnc Q Ivu XI. — Equipment Rental Fee Schedule: Groups C, D and E Rental Fee E ui ment $25 each Portable Bar (2) Ke board $50 Karaoke Machine $20 Compsc Player (Portable) act Di $20 TV/VCR/DVD $20 Coffee Pot (55 cu) $20 Coffee Pot (100 cup) $40 $20 AV Projector $20 Overhead Projector $20 Microphone (cordless) Dance Floor — 500 sq. ft. thru 1000 sq. ft. $200 Dance Floor — less than 500 sq. ft. $100 $10 Table Si s: 1-10 $20 Table Signs: 1-20 $30 Table Signs: 1-30 $40 Table Signs: 1-40 charge Projection Screen No char e No Easel No charge Flags Podium with microphone No charge • Tables and chairs arc included in the room rental fee. • Linens, cutlery and decorations are not included with the room rental fee. Replacement fee will be assessed if equipment is damaged or destroyed. • Package Fee Options: Reception/Party Package Option A: $225 — Includes Dance floor up to 1,000 sq. ft, and any other equipment offered by the city for rent. Reception/Party Package Option B: $125 — Includes Dance floor less than 500 sq. ft. and any other equipment offered by the city for rent. Business Meeting Package: $50 — Includes all equipment offered by the city for rent (except dance floors). Outdoor Usage Fee: $100 --Used in conjunction with Grand View Ballroom rental, specific outdoor area will be designated to renter/party. (Also requires an additional $200 cleaning deposit with use). 22 XII. -- Tenant/User Insurance Coverage Information and Fees ♦ 1 his section is provided to those who do not have their own insurance that meets the requirements of the Diamond Bar Center Facility Use Policies. ♦ If the applicant is unable to provide adequate insurance, the City of Diamond Bar, for a fee, makes available the Tenant/User insurance coverage described in the following five pages. How to use this section: 1. Locate the type of activity you plan to conduct on Hazard Schedules I, II, or III. 2. Determine the number of people you expect at your activity. For multiple day activities, estimate the total attendance for all the days the activity will take place. Multiple day events are limited to five consecutive days, unless additional days are approved by the insurance provider. 3. The estimated premium amount corresponds with the Hazard Class I, II or III for your total estimated attendance (page 27). 4. If alcoholic beverages are to be served, add $65.65 for each day of the event to the premium amount from page. 27. Alcoholic beverages are allowed only at Hazard Class I events, unless approved by the insurance provider. 5. See sample calculations of premium on the bottom of page 27. 6. Rates are subject to change without notice. 7. For assistance with or questions about Tenant/User insurance coverage, please contact the Diamond Bar Center Staff at 909.839.7070. 23 AGENDA NO. 2.1 No Documentation Available Agenda No. REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR RDA 3.1 REGULAR ANNUAL MEETING OF THE BOARD OF DIRECTORS APRIL 18, 2006 1. CALL TO ORDER: Chairman Chang called the Redevelopment Agency meeting to order at 7:07 p.m. in the SCAQMD/Government Center Auditorium, 21865 Copley Dr., D.B. ROLL CALL: Agency Members Herrera, Tanaka, Zirbes, VC/Tye and Chair/Chang Also Present Were: Linda Lowry, Executive Director; Mike Jenkins, Agency Attorney; David Doyle, Assistant City Manager, David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Tommye Cribbins, Agency Clerk. 2. PUBLIC COMMENTS: None Offered. 3. CONSENT CALENDAR: AM/Herrera moved, AM/Zirbes seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS: Herrera, Tanaka, Zirbes, VC/Tye, Chair/Chang NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None 3.1 APPROVED MINUTES — Regular Meeting of December 6, 2005, 3.2 APPROVED TREASURER'S STATEMENT FOR APRIL 1, 2005 THROUGH MARCH 31, 2006. 4. AGENCY MEMBER CONSIDERATION: None 5. AGENCY MEMBER COMMENTS: None Offered. ADJOURNMENT: With no further business to conduct, Chair/Chang adjourned the Redevelopment Agency meeting to the Diamond Bar Public Financing Authority Meeting at 7:08 p.m. TOMMYE CRIBBINS, Agency Clerk ATTEST: WEN CHANG, Chairman Agenda # RDA 3.2 Meeting Date: December S, 2006 DIAMOND BAR REDEVELOPMENT AGENCY REPORT TO: Chairman and Members of the Board VIA: James DeStefano, Executiveire TITLE: Treasurer's Statement —April 1, 200 through October 31, 2006 RECOMMENDATION: Approve the April 1, 2006 through October 31, 2006, Treasurer's Statement for the Redevelopment Agency. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per Agency policy, the Finance Department presents the Treasurer's Statement for the Redevelopment Agency Board's review and approval. Due to the change in Redevelopment Agency meeting schedule the following Treasurer's report covers the period of April 1, 2006 through October 31, 2006. PREPARED BY: Linda Magnuson, Finance Director REVIEWED BY: Finance Di ctor Attachments: Assistant City Manager Treasurer's Statement — April 1, 2006 through October 31, 2006 DIAMOND BAR REDEVELOPMENT AGENCY TREASURER'S CASH STATEMENT October 31, 2006 4/1/0& _ TRANSFERS 10131106 BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE REDEVELOPMENT AGENCY CIP FE $0.00 $0.00 $0.00 LOW & MOD INCOME HOUSING FD - REDEVELOPIMENT DEBT SVC FD TOTALS $0.00 $0.00 $0.00 $0.00 $0.00 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $0.00 TOTAL DEMAND DEPOSITS $0.00 TOTAL CASH James DeStefa o, Treasurer $0.00 AGENDA NO. RDA 4.1 and 4.2 NO DOCUMENTATION AVAILABLE Agenda No. PFA 3.1 DIAMOND BAR PUBLIC FINANCING AUTHORITY ANNUAL MEETING APRIL 18, 2006 DRAFT 1. CALL TO ORDER: Chairman Tanaka called the meeting to order at 7:08 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Dr., D.B. ROLL CALL: Authority Members Chang, Herrera, Zirbes, VC/Tye and Chair/Tanaka. Staff present: Linda Lowry, Executive Director; Michael ,Jenkins, Authority Attorney; David Doyle, Assistant City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director, Linda Magnuson, Finance Director and Tommye Cribbins, Authority Clerk. 2. PUBLIC COMMENTS: None Offered 3. CONSENT CALENDAR: AM/Zirbes moved, VC/Tye seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS: Chang, Herrera, Zirbes, VC/Tye, Chair/Tanaka NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None 3.1 APPROVED MINUTES — Annual Meeting of December 6, 2005, 3.2 APPROVED TREASURER'S STATEMENT - November 1, 2005 through March 31, 2006. 4. AUTHORITY MEMBER CONSIDERATION: None 5. AUTHORITY MEMBER COMMENTS: None Offered. ADJOURN PUBLIC FINANCING AUTHORITY MEETING: With no further business to conduct, Chair/Tanaka adjourned the Public Financing Authority meeting at 7:12 p.m. back to the Regular City Council meeting. TOMMYE CRIBBINS, Authority Clerk ATTEST: JACK: TANAK;A, Chairperson AUTHORITY ssr• Agenda # PFA 3.2 Meeting Date: Nov. 05, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mang TITLE: Public Financing Authority Treas?Cstatement for April 1, 2006 through October 31, 2006 RECOMMENDATION: Approve the April 1, 2006 through October 31, 2006, Treasurer's Statement. FINANCIAL IMPACT: None BACKGROUND: Although the Public Financing Authority's funds have been incorporated into the City's monthly Treasurer's Statement, a separate Treasurer's Statement has been prepared for review and approval. This statement: shows the cash balances for the various funds, with a breakdown of investment account balances and the effective yield earned from investments. It should be noted that all the funds in the Construction Fund with the exception of the interest earnings have been used for the construction of the Diamond Bar Center. The funds in the Lease Prepay fund and the Lease Payment Fund are being used to pay the bond principal and interest as the payments become due. REVIEVED BY: 4z �I_ Financ6 Nrector Assistant City Manager Attachments: Treasurer's Statement —April 1, 2006 through October 31, 2006 Diamond Bar Public Financing Authority Treasurer's Cash Statement 10/31/06 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $88,738.21 LOCAL AGENCY INVESTMENT FD 0.00 $88,738.21 Note: The Diamond Bar Public Facility Authority is invested in the State Treasurer's Local Agency Investment Fund. The LAIF Bond Proceeds investment account's withdrawals are limited to one draw down per month. As a secondary investment option, the Authority maintains a US Treasury Sweep Account with the City's Fiscal Agent Union Bank of California. Any excess funds are "swept" on a daily basis from the Authority's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the Authority's bank accounts on a monthly basis. Union Bank (Money Mkt - Effective Yield - October, 2006 5.140% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. —ley J6046s DeStl no, Treasurer BEGINNING ENDING BAL @ 04101!06 RECEIPTS DISBURSEMENTS TRANSFER BAL @ 10131/06 PFA - Construction Fund $1,688.52 $422.93 $0.77 ($2.110.68) ($0.00) PFA - Cost of Issuance Fund 0.00 0.00 0.00 0.00 0.00 PFA - Lease Prepay Fund 181,785.79 144,534.08 240,179.45 0.00 86,140.42 PFA - Lease Payment Fund 1,833.53 284,128.92 285,475.34 2,110.68 2,597.79 $185,307.84 $429,085.93 $525,655.56 $0.00 $88,738.21 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $88,738.21 LOCAL AGENCY INVESTMENT FD 0.00 $88,738.21 Note: The Diamond Bar Public Facility Authority is invested in the State Treasurer's Local Agency Investment Fund. The LAIF Bond Proceeds investment account's withdrawals are limited to one draw down per month. As a secondary investment option, the Authority maintains a US Treasury Sweep Account with the City's Fiscal Agent Union Bank of California. Any excess funds are "swept" on a daily basis from the Authority's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the Authority's bank accounts on a monthly basis. Union Bank (Money Mkt - Effective Yield - October, 2006 5.140% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. —ley J6046s DeStl no, Treasurer AGENDA NO. PFA 4.1 and 4.2 NO DOCUMENTATION AVAILABLE TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK DATE AGENDA #/ UBJEC : rr'C' " P ONE: I expect to address the Council on the subject agenda item name and address as written above. Please have the Council Minutes reflect my