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3/21/2006
Tuesday March 21, 2006 5:30 p.m. — Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ .Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Carol Herrera Mayor Pro Tem Bob Zirbes Council Member Wen Chang Council Member Jack Tanaka Council Member Steve Tye City Manager Linda C. Lowry 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 11 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 access the podium in order to make a public comment. available by providing the City Clerk three business days Please telephone (909) 839-7000 between 7:30 a.m. Thursday and 7:30 a.m, to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS mobility impairments who cannot Sign language interpretation is ' notice in advance of a meeting. and 5:30 p.m. Monday through 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 2. THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3. CITY OF DIAMOND BAR CITY COUNCIL AGENDA March 21, 2006 Next Resolution No. 2006-17 Next Ordinance No. 04(2006) STUDY SESSION: 5:30 p.m., Room CC -8 ► Library Survey Results ► Review Sports Field CIP — Lorbeer Field Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: Mayor 6:30 p.m. Mayor Ian DeOrio, Pastor, Young Adults Diamond Canyon Christian Church Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes, Mayor Herrera SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tiles to outgoing Planning Commissioners Dan Nolan and Ruth M. Low; outgoing Parks and Recreation Commissioners Ling -Ling Chang and Nancy Lyons; and, outgoing Traffic and Transportation Commissioner Arun Virginkar. 1.2 Presentation of Certificates of Recognition to the Diamond Ranch High School Girls Basketball Team, for winning the CIF Basketball Championship. 1.3 Proclaiming March, 2006 as American Red Cross Month. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation of "Working Together for Traffic Solutions" the City's informational video on why we need to fix the 57160 interchange MARCH 21, 2006 PAGE 2 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. ,Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — March 23, 2006 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.2 Diamond Bar Friends of the Library Wine Soiree -- March 26, 2006 — 1.00 4:00 p.m., Diamond Bar Center, 1600 Summit Ridge Dr. 5.3 Planning Commission Meeting — March 28, 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.4 City Council Meeting — April 4, 2006 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session of March 7, 2006 -Approve as submitted. 6.1.2 Regular Meeting of March 7, 2006 — Approve as submitted. 6.2 Planning Commission Minutes — Regular Meeting of February 14, 2006 - Receive and file. 6.3 Ratification of Check Register — Ratify Check Register containing checks dated March 9 and March 16, 2006 in an amount totaling $666,591.38. MARCH 21, 2006 PAGE 3 6.4 Denial of Claims: 6.4.1 Filed by Sid Sarnobat on January 9, 2006. Recommended Action: Deny. 6.4.2 Filed by Enrique De La Rosa on February 15, 2006. Recommended Action: Deny. Requested by: City Clerk 6.5 Approve Letter and Adopt Resolution No. 2006 -XX: Urging Congress to Protect the Community Development Block Grant (CDBG) Program in the Fiscal Year 2007 Federal Budget. Recommended Action: Adopt. Requested by: Planning Department 6.6 Approve Letter and Adopt Resolution No. 2006 -XX: Opposing Los Angeles Mayor Antonio Villaraigosa's Request for Funding for an Extension of the Red Line Subway. Recommended Action: Adopt. Requested by: City Council 6.7 Approval of License Agreements with New Cingular Wireless, PCS, LLC, Nextel Communications, T -Mobile, USA, and Los Angeles SMSA Partnership DBA Verizon Wireless to Co -Develop Two Wireless Communications Sites at Summitridge Park Recommended Action: Approve. Requested by: Planning Department 6.8 Appropriate $17,590 from General Fund Reserve to the Capital Improvement Program Budget; Award Design Services Contract for the Washington St. Cul -De -Sac Improvement Project to DMS Consultants in the Amount of $15,590; and, Authorize a Contingency Amount of $2,000 for Change Orders to be Approve by the City Manager for a Total Authorization Amount of $17,590. Recommended Action: Appropriate, Award and Authorize. Requested by: Public Works Department MARCH 21, 2006 PAGE 4 6.9 Approve Contract Amendment No. 1 in the Amount of $50,000 with Municipal Engineering Resources (M.E.R.) for Consulting Engineering Services for a Total Authorization Amount of $90,000. Recommended Action: Approve. Requested by: Public Works Department 6.10 Adopt Resolution No. 2006 -XX: Approving Joint Resolution of the Board of Supervisors of the County of Los Angeles; Diamond Bar City Council; Board of Directors of the Greater Los Angeles County Vector Control District; Board of Directors of the County. Sanitation District No. 21; Board of Directors of the Three Valleys Municipal Water District; Board of Directors of the Walnut Valley Water District; Board of Directors of the Walnut Valley Water Improvement District No. 3; and Board of Directors of the Walnut Valley Water Improvement District No. 4 Approving and Accepting the Negotiated Exchange of Property Tax Revenues Resulting from Annexation of Tract No. 31850 (1985, 22 SFR by DB Development Corp., on Leyland Dr. between Benfield PI. and Wynnewood Dr.) Tract No. 42564 (1992 74 SFR by Bramalea, Inc. on Leyland Dr., Newbury Way, and Benfield PI.), Parcel Map No. 18722 (Country Hills Towne Center, 2797 Diamond Bar Blvd.), L 077-1 (1992, 55 Condominiums at 800 Grand Ave.), L 086-9, (1971, St. Denis Catholic Church, 2151 Diamond Bar Blvd.) and L 119-7 (Diamond Bar Village Apartments, 1750-20.00 Diamond Bar Blvd. between Acacia Hill Rd. and Mountain Laurel Way) to County Light Maintenance District 10006. Recommended Action: Adopt. Requested by: Public Works Department 6.11 Adopt Resolution No 2006 -XX: Approving Joint Resolution of the Board of Supervisors of the County of Los Angeles; Diamond Bar City Council; Board of Directors of the Greater Los Angeles County Vector Control District; Board of Directors of the County Sanitation District No. 21; Board of Directors of the Three Valleys Municipal Water District; Board of Directors of the Walnut Valley Water District; and, Board of Directors of the Walnut Valley Water Improvement No. 5 Approving and Accepting the Negotiated Exchange of Property Tax Revenues Resulting from Annexation of L 034-99 (LA Fitness, 20801 Golden Springs Dr, and Diamond Plaza, 20855 Golden Springs Dr.) to County Lighting Maintenance District 10006. Recommended Action: Adopt. Requested by: Public Works Department MARCH 21, 2006 PAGE 5 6.12 (a) Adopt Resolution No. 2006 -XX Granting Consent and Jurisdiction to the County of Los Angeles in the Matter of County Lighting Maintenance District 10006 and County Lighting District LLA=1, Diamond Bar Zone, City of Diamond Bar, L 062-2005 (Oriental Nursery, 1035 Banning Way and Banning Way Plaza, 20655 Golden Spgs. Dr.) and Parcel Map 22987 (Best Western Hotel, 259 Gentle Spgs. Ln.). Recommended Action: Adopt. (b) Adopt Resolution No. 2006 -XX: Approving Joint Resolution of the Board of Supervisors of the County of Los Angeles; Diamond Bar City Council; Board of Directors of the Greater Los Angeles County Vector Control District; Board of Directors of the County Sanitation District No. 21; Board of Directors of the Three Valleys Municipal Water District; Board of Directors of the Walnut Valley Water District; and, Board of Directors of the Walnut Valley Water Improvement No. 5 Approving and Accepting the Negotiated Exchange of Property Tax Revenues Resulting from Annexation of L 062-2005 (Oriental Nursery, 1035 Banning Way and Banning Way Plaza, 20655 Golden Spgs. Dr.) to County Lighting Maintenance District 10006. Recommended Action: Adopt. (c) Adopt Resolution No. 2006 -XX: Approving Joint Resolution of the Board of Supervisors of the County of Los Angeles; Diamond Bar City Council; Board of Directors of the Greater Los Angeles County Vector Control District; Board of Directors of the County Sanitation District No. 21; Board of Directors of the Three Valleys Municipal Water District; Board of Directors of the Walnut Valley Water District; and, Board of Directors of the Walnut Valley Water Improvement No. 5 Approving and Accepting the Negotiated Exchange of Property Tax Revenues Resulting from Annexation of Parcel Map 22987 (Best Western Hotel, 259 Gentle Spgs. Ln.) to County Lighting Maintenance District 10006. Recommended Action: Adopt. Requested by: Public Works Department 6.13 Adopt Resolution No. 2006 -XX: Establishing a Reimbursement Policy in Accordance with Government Code Section 53232.2 and 53232.3. Recommended Action: Adopt. Requested by: City Manager MARCH 21, 2006 PAGE 6 6.14 Adopt Resolution 2006 -XX: Authorizing the City to Join the Four Corners Transportation Coalition, Designate Mayor Herrera as the City Council Representative, and Appropriate $10,000 from General Fund Reserves. Recommended Action: Adopt. Requested by: City Manager 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUB -COMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda # Study Session 2 Meeting Date: 3/21/06 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager oc TITLE: STUDY SESSION REPORT — CONSIDERATION OF ALTERNATIVES TO LORBEER MIDDLE SCHOOL ARTIFICIAL TURF AND RESTROOM CONSTRUCTION PROJECT TO MEET THE ATHLETIC FACILITY NEEDS OF THE COMMUNITY RECOMMENDATION: Direct staff to develop a prioritized list of recommended alternatives, with estimated costs, advantages & disadvantages, and potential for timely achievement for the City Council to consider at a future meeting in order to meet the athletic facility needs of the community, focusing at this time on the following: 1. Remove the budget line item to install artificial turf and construct a restroom building at Lorbeer Middle School and re -allocate the budgeted $1,225,000 to fund alternative athletic facility projects. 2. Consider a joint use agreement with the Diamond Bar Little League to install ball field lights on the four fields at their facility. 3. Consider a joint use agreement with the Diamond Bar/Walnut YMCA to install ball field lights on the two fields at their facility. 4. Continue negotiations with Pomona Unified School District for the City to participate financially in a project to improve the turf of the football field and possibly the landscaping of the slope along Golden Springs Drive. 5. Consider installation of ball field lights at Paul C. Grow Park. 6. Consider installation of ball field lights at Summit Ridge Park. FINANCIAL IMPACT: Funds included in the 2005106 FY Budget for the installation of artificial turf and construction of a restroom building at Lorbeer Middle School total $1,225,100. This total includes $753,994 in Park Development Funds and $471,106 in State Grant Funds (Props 12 & 40). There are no restrictions on where in Diamond Bar these funds may be utilized, as long as the recreational facility benefit to the Diamond Bar community can be documented and sustained. The City also has unappropriated Park Development funds in the amount of $1,066,506 that could be appropriated by the City Council for athletic facility improvements. BACKGROUND: Ball field lights were constructed at Lorbeer Middle School in 2000. These lights have been a tremendous benefit for the youth sports organizations in the community. The lights have made it possible for teams to utilize the lower field at the school for much more time than if the field was not lit. This expanded use has taken a toll on the quality of the field. For years, the City has included a budget item to assist the Pomona Unified School District to improve the field, if an operations joint use agreement could be reached. As of this date, no operations agreement is in place. However, based on direction provided by the PUSD Board of Education to District staff at their meeting on Tuesday, March 14, 2006, the Board is interested in continuing its negotiations with the City for a possible joint use agreement. The Board directed District staff to present the following four deal points to the City in their conditions for approval: 1. PUSD must maintain control of the facility. 2. Any agreement must include a termination clause. 3. Any agreement must include an amortization clause. 4. Maintenance considerations must be included in the agreement. On its face, staff does not see a problem with any of the deal points and is anxious to continue negotiations. In addition to continuing negotiations with PUSD, staff has received input from Diamond Bar Little League and the Diamond Bar/Walnut YMCA about a willingness to discuss possible joint use agreements with the City at their facilities. Since staff does not know how the negotiations with the school district will faire, staff believes it prudent to also negotiate with Diamond Bar Little League and the YMCA to determine opportunities for community use of these facilities. Staff also believes research should begin on two other alternatives as well, the installation of ball field lights at Paul C. Grow Park (WVUSD owned land) and Summit Ridge Park (City of DB owned land). DISCUSSION: The Sports Complex Task Force, which was chaired by Mayor Pro Tem Bob Zirbes, studied the athletic facility needs of the community and made a series of recommendations to the City Council to meet those needs. The short term recommendations include each of the facilities included in this report, except Summit Ridge Park: 1. Lower football/soccer field at Lorbeer Middle School 2.. Four baseball fields at the Diamond Bar Little League complex. 3. Field at the Diamond Bar/Walnut YMCA 4. Baseball/softball field and soccer/football field at Paul C. Grow Park. The Sports Complex Task Force recommendations did not include the baseball/softball field and practice football/soccer field at Summit Ridge Park, but this park has the largest un -lit grass area that is City -owned that could be lit to expand its use. Staff believes this location should be considered at this time as well. With City Council direction, staff plans to develop a prioritized list of recommended alternatives concerning the facilities included in this report, with estimated costs, advantages & disadvantages, and potential for timely achievement for the City Council to consider at a future meeting. PREPARED BY: Bob Rose Director of Community Services CITY OF DIAMOND BAR Agenda No. 6.1.1 CITY COUNCIL STUDY SESSION MARCH 7, 2006 DRAFT STUDY SESSION: Mayor Herrera called the Study Session to order at 5:30 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes and Mayor Herrera. Also Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Nancy Fong, Interim Community Development Director; Linda Magnuson, Finance Director; Marsha Roa, Public Information Manager; Kim Crews, Human Resources Manager; Sharon Gomez, Public Works Services Manager; Ryan McLean, Senior Management Analyst; Ken Desforges, IS Director, and Tommye Cribbins, City Clerk. 1 } LIBRARY SURVEY ACM/Doyle reported that Fairbank, Maslin, Maullin & Associates conducted a three - question telephone survey of 400 residents on February 20 and 21 and that the response numbers were provided in a two-page report to Council. He stated that the consulting firm was willing to meet with Council to further explain the results if necessary, and asked for Council's direction. M/Herrera asked why individuals surveyed were asked about their political affiliations. ACM/Doyle said he believed it was a standard question. M/Herrera said it was reported to her that some individuals were offended by the question. MPT/Zirbes said he was unable to interpret the information and felt that staff should be directed to invite the consultant to attend a future study session and provide an explanation of the survey results. C/Tanaka said it appeared that the survey was a cold call that did not provide information about the details of the proposed new library. MPT/Zirbes said that Question No. 2 provided information about the new library and 75% of the respondents felt it was a great idea. He believed the survey told people what the City was trying to do and that people understood the objective, especially if 75% of the respondents were in favor of a new library. However, he did not know what to make of the results of Question No. 3 that only about half of those respondents were willing to pay for it. MARCH 7, 2006 PAGE 2 CC STUDY SESSION CA/Jenkins said he believed C/Tanaka was questioning how much the results of Question 3 would change if the City conducted an educational campaign and he felt the consultants could explain what the number might be if the City were to conduct such a campaign. M/Herrera asked if there would be a reduction in the cost of the survey. ACM/Doyle believed there was no reduction because the Consultant drafted the first survey that was ultimately pared down to three questions at Council's direction. C/Chang agreed that the Consultant should be asked to interpret the results of the survey so that the Council could make a more informed decision about whether or not to move forward. Public Comments: Clyde Hennessee was disappointed because he attended tonight's meeting to find out the results of the survey. Kathleen Newe said she was excited about the results and believed Council would decide to move forward based on those results. 75% of people called said they wanted a new library in spite of the fact that fewer actually use the library. This week she visited the Homework Center at the Rowland Heights facility, a facility that accommodates 30 children at one time, The LA County Library conducts 38 homework sessions. D.B. should have homework sessions but has none and the library can accommodate only 12 children at one time due to lack of space. She said that 61% of people who wanted a library said they would be willing to help pay for it and she felt that it was close enough to the required 67 percent for the City to move forward. She asked why the Council didn't anticipate inviting the survey company to tonight's meeting to interpret the survey so the process could move forward without further delay. CM/Lowry explained that staff wanted Council's feedback about the moving -forward process. In this case, the Council basically wrote the survey and it was appropriate for staff to seek Council's direction as to what kind of information the Council expected these questions to garner. Kathleen Newe said she was frustrated that the process seemed to drag on and on and as Mr. Hennessee said "has taken on a life of its own". People want the library. Allen Wilson agreed that there was a 75% favorable response. However, the real issue was how the City would finance a new library. He said he was certain that the Asian community would not foot the bill for a new library because he has talked with people in the community who say there is no way they are going to pay for this. He felt it was pretty typical of California voters that they wanted something but were unwilling to pay for it and therefore believed it was the 34% that the Council would have to be concerned about. He said that the term "Global Citizen Center" did not sit well with him because it reminded him of George Orwell's 1984. All in all it was an interesting survey but the Council should be very concerned about Question 3. MARCH 7, 2006 PAGE 3 CC STUDY SESSION ACM/Doyle confirmed to M/Herrera that the Global Citizen Center was a component of the Library Bond Act Grant Application. Council concurred to invite the Consultant to the next study session to interpret the survey results. C/Tanaka believed that residents needed to be educated about technical terms such as Global Citizen Center, Homework Centers, etc., how the facility would be an interactive facility and how it would look as opposed to four walls containing rows of books. 2} AB 1234 REIMBURSEMENT POLICY CM/Lowry stated that CA/Jenkins reviewed the City's existing policies and updated them to more clearly state the reimbursement policy for Council Members and other public officials. Staff was concerned about additional accountability with respect to expenses and out-of-town travel. Therefore, staff brought this matter to Council for a better understanding of the City's record-keeping obligations as well as to advise Council that the per diem amount had been updated. CA/Jenkins reported that prior to January 1, 2006 State law provided that cities may reimburse the "actual and necessary expenses of its employees and officers." This City has had a good expense reimbursement policy since incorporation. AB 1234 that was enacted by the Legislature and signed by the Governor effective January 1, 2006 required some modifications to D.B.'s policy. It was decided that rather than adopting the State's model policy it would take the existing policy and incorporated the necessary changes from AB 1234. The biggest change is that AB 1234 requires that individuals provide accounting forms following any event where a Council Member or employee is reimbursed with City funds for an expense. Secondly, the statute requires two hours of ethics training be done prior to January 1, 2007 and every two years thereafter for every City official who receives reimbursement. Training is offered in a number of ways and through a number of venues including through the League of California Cities at all of its conferences, Contract Cities Association at their May seminar and, that he can provide the training in-house. The third change requires that if individuals go into meetings and are reimbursed by the City for expenses at that meeting, at a Council meeting following such meetings, Council Members have to report on those meetings. Reports may be in writing and may be placed on the Consent Calendar for approval. CA/Jenkins explained that staff would present Council Members with a cleaner redlined version for adoption at a future meeting. CA/Jenkins stated that fundamentally, the report made no changes in the expense reimbursements and provided a per -diem for out-of-town travel; it indicated that the City had to always strive to achieve the lowest airfares as well as, conference or comparable rate for lodging. Most of the changes are of an accounting nature. ACM/Doyle explained that in the next day or two staff would provide Council Members with a revised redlined version. Section 14 was eliminated and the majority of the MARCH 7, 2006 PAGE 4 CC STUDY SESSION changes deal with accounting duties for staff. For example, if multiple Council Members attend a dinner, staff must account for each individual meal reimbursement in order to match the per -diem amount. M/Herrera reported that she C/Tye and C/Tanaka had met the two-hour ethics training requirement and she was pleased that CA/Jenkins could conduct the training. Public Comments: None Offered. 3) PUBLIC SAFETY COMMITTEE CM/Lowry said that staff's purpose for bring these types of items to a study session was to learn how Council felt about them. The Public Safety Committee is an interesting project and during the past two years there have been a number of questions about the Committee because it was an extension of the Sheriff's Department. It became clear to her that when the current Captain assumed control of the D.B./Walnut station, he assumed that it was his committee and dialogue ensued about whom the members of the committee would be and who would appoint the members. During the most recent discussion it was determined that the City would recommend members and the Captain would select the members whereas in years past the Council had been of the impression that they were each appointing a member. CM/Lowry said it was her understanding that stations with unincorporated areas were required to have a Public Safety Committee as a means for constituents to have access to their enforcement departments. D.B. is a City that uses its Sheriff's Department as its police department and the residents have access to the City as well as to its police department. For several years the City has talked about what type of public safety committee it would like to have and it became even more of an issue when it became less clear whose committee it was and how the community would derive benefit. Staff discussed with the Captain that it might be better for D.B. to have its own public safety committee and in December the Captain cut the five members loose earlier than anticipated. As a result, staff was pushed to provide the Council with a concept of what a Public Safety Committee would look like if it were designed exclusively for D.B. A two-page draft Public Safety Commission concept was included in tonight's packet. In this case, the Traffic and Transportation Commissioners would be absorbed into the Public Safety Commission and because each Council Member has a relationship with his appointee staff wanted to provide information to the Council as to the concept and get Council's feedback about how each Council Member would feel about turning the Traffic and Transportation Commission into a different type of body with other components. ACM/Doyle stated that the Traffic and Transportation Commission has done a great job for the City over the years. Because traffic is a large issue for D.B. as part of the Public Safety Committee the City is absorbing that aspect. In the past the City was reactive. People would come to the City with their traffic concerns and the City would react on"a case-by-case basis during a monthly meeting. The City is now pro -active and initiates neighborhood meetings seeking a partnership with residents to create solutions. In MARCH 7, 2006 PAGE 5 CC STUDY SESSION short, this proactive stance has evolved the Traffic and Transportation "reactive" Commission to a Public Safety "proactive" Commission. Lt. Joe Maxey said that on a regular basis questions and issues are brought to his attention that have nothing to do with the Sheriff's Department such as issues involving animal control, fire safety, code enforcement and other types of public safety issues. A public safety committee should inform the community as a whole and rather than involve just a few people, matters of public safety should be shared with the entire community through television, advertising and public involvement. He said he envisioned various segments of the community including public safety officials making presentations on an ongoing basis to impart to the residents matters of homeland security, terrorism prevention, emergency preparedness, and so forth. Further, community members would be invited to participate by asking questions of the professionals and staff. ACM/Doyle explained that conceptually, the City would be geographically divided into six areas (five slurry seal areas and "The Country Estates) with a Council appointee for each of the five Commissioners and "The Country Estates" Board of Director appointee for the sixth Commissioner. Lt. Maxey said he and other public officials would like the opportunity to address residents through a public forum about how each department operates, what services they provide and how public safety in general works for the City of D.B. . ACM/Doyle said it would be staffs recommendation that the "shows" be repeated periodically on DBTV between the meetings with the ultimate goal to educate the residents about the myriad of public safety programs that provide a safer environment for the community. Lt. Maxey said he would refer to it as a Public Safety Summit that would take place four times a year in D.B. He said he did not know of any other community that offered this service to its residents. CM/Lowry reiterated that this was a progression and one of the key elements that would immediately impact the Council was tonight's appointment of the Traffic and Transportation Commissioners and the concept would be that their duties would involve this scenario. In fact, the responsibilities and agenda of the Traffic and Transportation Commissioners have changed over time and it may no longer be necessary for them to meet on a monthly basis. M/Herrera felt it was wise for the City to adjust its agenda to better serve the community. One concern she heard from her appointee was "why only four times a year' and what happens if a matter of urgency arises during the downtime. ACM/Doyle responded that the usual issues would no longer go before the Commissioners for action in a pro -active atmosphere. Staff believes that based on the scope of the proposed Commission, monthly meetings would not be a viable option . MARCH 7, 2006 PAGE 6 CC STUDY SESSION because there was a desire for public safety to be a standout issue and not be lost to another monthly commission meeting. Four times a year the City would hold a Public Safety Town Hall Forum where all residents would be invited through public outreach advertising. In the event of an emergency, residents would be encouraged to call the Sheriff's Department or City Hall — that is not the focus of the Public Safety Committee. Lt. Maxey assured the City Council that no issue is ever put on the back burner. C/Tanaka felt it was a great idea but he was concerned that because traffic was the number one concern in D.B. there would no longer be a Traffic and Transportation Commission. If the agenda was declining, meetings could be canceled due to lack of quorum. He felt that doing away with the Traffic and Transportation Commission would be a big mistake for D.B. In addition, quarterly meetings are few and far between when issues of concern arise with the public and committees can tend to get too large. He said he felt that one committed representative would be sufficient. He felt there was a place for both the Traffic and Transportation Commission and a Public Safety Commission. He said that in general the document did not address appointee terms and he wondered how strong the committee would be if it required an annual turnover. He liked the way the City was moving forward with the Neighborhood Traffic Management Program and appreciated staff's outreach program. However, he wondered how effective it was when the City invites 200 residents and gets very few attendees for the outreach meetings. He believed that when residents had issues they would come forward to address those issues. However, when there were no issues people tended to not participate. He said he was disappointed that D.B. members were summarily dismissed from the Captain's Public Safety Committee and he was also disappointed that the committee had not met during the past three months. He said he was anxious to have the City start a Public Safety Committee. MPT/Zirbes agreed with much of what C/Tanaka had to say and while he believed the concept was very forward thinking it was important for the Traffic and Transportation Commission to continue meeting on a monthly basis. He suggested the Commission could be renamed "The Traffic and Public Safety Commission" and that the monthly meetings as well as the quarterly forum meetings could be televised. He felt that forums were a venue for presenting information and monthly meetings were a venue for receiving information, which he felt was even more important. He would prefer to add to the City's services on a pilot program basis and take a look at the results a year from now. M/Herrera said she agreed with many of the comments made by C/Tanaka and MPT/Zirbes and asked that staff bring this matter back to the City Council for further discussion with a report by staff as to the potential impacts to staff and to the City. C/Chang felt it would not work to dissolve the Commission and expand a new Commission. He suggested that a new Commission be organized in connection with the Neighborhood Traffic Management Program. MARCH 7, 2006 PAGE 7 CC STUDY SESSION C/Tye felt that the Council should pay attention to staff because if the City keeps doing what it has been doing it will continue to get the same results. PWD/Liu stated that the Commission has been vital for 16 years but he did not hear that staff intended to do away with the focus because on a daily basis staff focuses on all of these issues. It might be a good thing if the meetings were held quarterly. A review of the minutes of the Traffic and Transportation Commission meeting tells us there is not a lot going on. C/Tye said he did not believe it was a good thing to keep doing the same thing if it was not productive and not serving the citizens. He felt staff's recommendation was worth considering and believed the Council should get together during the next study session and think outside the box to consider how the program might work. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:40 p.m. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of , 2006. CAROL HERRERA, Agenda No. 6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 7, 2006 CLOSED SESSION: 5:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54956.9 (c) — Initiation of Litigation - 1 Case ► Government Code Section 54956(b) (3)(E) — Conference with Legal Counsel — Potential Litigation — 1 Case STUDY SESSION: 5:30 p.m., Room CC -8 ► Library Survey ► AB 1234 Reimbursement Policy ► Public Safety Committee M/Herrera adjourned the Study Session at 6:40 p.m. to the Regular City Council Meeting. CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:50 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CA/Jenkins reported that tonight's meeting was called to order at 5:00 p.m. at which time the City Council recessed to Closed Session. There were no public comments regarding Closed Session items; the Council's discussion was confined to the two items listed on the agenda, and that no reportable action was taken during the Closed Session. The Closed Session was adjourned at approximately 5:20 p.m. to the Study Session. M/Herrera reported that during the Study Session, Council received reports on the following: Library Survey - Council directed staff to schedule a study session to receive a report from the consultant on the survey results; AB 1234 Reimbursement Policy - action to be taken at a future City Council meeting; Public Safety Committee — additional discussion of this matter at a future study session. PLEDGE OF ALLEGIANCE: INVOCATION: the Invocation. ROLL CALL: Zirbes and Mayor Herrera. M/Herrera led the Pledge of Allegiance. Ahmad H. Sakr, PhD., Islamic Education Center, gave Council Members Chang, Tanaka, Tye, Mayor Pro Tem MARCH 7, 2006 PAGE 2 CITY COUNCIL Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Interim Community Development Director; Ken Desforges, Information Systems Director; Ryan McLean, Senior Management Analyst; Marsha Roa, Public Information Manager; Sharon Gomez, Public Works Services Manager, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MPTIZirbes presented Certificates of Recognition to Meredith Morris, Caitlen Kemble and Genessis Holguin in recognition of their being named to the "2006 Sound of America Honor Band and Chorus." Roland Morris pointed out that the donations to fundraising efforts to fund the students' trip were tax deductible. BUSINESS OF THE MONTH: 1.2 C/Tanaka presented a City Tile to Bob and Kelli Reed, Owners of Diamond Mail and Shipping as Business of the Month for March 2006. A slide presentation followed. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Mike Shay stated that it was his feeling that people believe the development of a new D.B. library is the right thing to do and that it would take the Council's vision and creativity to find a way to build a facility that would serve the long-term interests of the community and could be referred to as "The Diamond Bar Center for Learning and Technology." He also suggested that the current library facility could be used as a teen center or an upgrade of the YMCA facility. He said that the residents looked forward to working together to make this dream a reality. Allen Wilson said that while 75% of those surveyed favored the concept of a new library a substantial percentage did not want to be taxed to pay for it. He believed that residents wanted a new library and that private funds could be raised to build the facility. He said that in his opinion there was no way that a parcel tax would be approved in this City. Satchel Shay represented a coalition of youth who supported a new library. 75% of individuals surveyed said they wanted a new library and certainly the youth of D.B. could use a new library. The current library does not meet current standards of what a library should be and what this City has come to represent. The coalition recommends that the City create a "green" library, a library made of recycled materials and one that is environmentally friendly and efficient. MARCH 7, 2006 PAGE 3 CITY COUNCIL Under these conditions it is possible to build the library for less than the projected $13 million and reduce the cost further by obtaining grants for "green" buildings such as those offered by LEED (Leadership in Energy and Environmental Design) that also provide additional tax benefits. The coalition offers its assistance in the pursuit of a new library. Ruben Camar suggested that the current facility be converted to a teen youth center, a concept supported by the coalition. Satchel Shay said that he was recently informed that D.B. would serve as the Model City for the National League of Cities (M/Herrera said it was for the Youth Master Plan) and he believed that creating an environmentally friendly library and a youth center would contribute to the concept of a model city. Shida Bala, speaking on behalf of "No Drought' said that her club formed a coalition to promote the use of drought -resistant plants in the City. In addition, the club is the model for the Youth Action National League of Cities. She and her colleagues feel that the youth is the new generation to redeem the negative effects of air pollution and that the members could help by making the library an environmentally concerned facility. She requested that her group be allowed to participate during the construction process. Betts Griffone said she was not a resident of D.B. but was a member of the "Friends of the Library." She asked residents to participate on March 26 at 4:00 p.m. at the Wine Soiree because the funds would be used to support the library. The cost of advance tickets is $45 and $55 the day of the event. Clyde Hennessee spoke in opposition to a new library 4. RESPONSE TO PUBLIC COMMENTS: None Offered. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — March 9, 2006 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.2 PLANNING COMMISSION MEETING — March 14 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 CITY COUNCIL MEETING — March 21, 2006 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. MARCH 7, 2006 PAGE 4 CITY COUNCIL 6. CONSENT CALENDAR: MPT/Zirbes moved, C/Tanaka seconded to approve the Consent Calendar as presented with the exception of Item 6.6. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of February 21, 2006 —as submitted. 6.1.2 Regular Meeting of February 21, 2006 — as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of January 10, 2006 — Received and Filed. 6.2.2 Regular Meeting of January 24, 2006 — Received and Filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES — Regular meeting of January 26, 2006 — Received and Filed. 6.4 RATIFIED CHECK REGISTER CONTAINING CHECKS DATED FEBRUARY 23 AND MARCH 2, 2006 TOTALING $1,232,864.68. 6.5 TREASURER'S STATEMENT -- Month of January 2006 — Reviewed and Approved. 6.7 APPROVED SECOND READING BY TITLE ONLY, WAIVED FULL READING AND ADOPTED ORDINANCE NO. 03(2006) APPROVING ZONE CHANGE NO. 2005-03 CHANGING THE EXISTING ZONING FOR GENERAL PLAN COMPLIANCE FROM R-1-20000 TO RURAL RESIDENTIAL (RR) FOR PROPERTY LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE, IDENTIFIED BYAPN NOS. 8713-023-002,8713-023-004, 8713-023-005, 8713-024-001 AND 8713-024-002 (MILLENNIUM/STANLEY CHEUNG PROJECT). 6.8 RATIFIED THE APPROPRIATION OF $4,781 FROM GENERAL FUND RESERVES TO PAY SOUTHERN CALIFORNIA EDISON FOR INSTALLATION OF TRAFFIC SIGNAL METER PEDESTALS AT THE INTERSECTIONS OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE, GOLDEN SPRINGS DRIVE AND TARGET DRIVEWAY, AND DIAMOND BAR BOULEVARD AND MAPLE HILL ROAD. MARCH 7, 2006 PAGE 5 CITY COUNCIL 6.9 APPROVED AMENDMENT NO. 2 TO A PROFESSIONAL SERVICES AGREEMENT WITH BONTERRA CONSULTING IN AN AMOUNT NOT -TO - EXCEED $15,470 FOR PREPARATION OF AN UPDATED SPRING SURVEY FOR TENTATIVE TRACT MAP NO. 53430 (MILLENNIUM/STANLEY CHEUNG). ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.6 APPROVAL OF AMENDMENT NO, 4 IN AN AMOUNT NOT -TO -EXCEED $47,000 WITH VALLEY CREST LANDSCAPE MAINTENANCE TO REFURBISH THE LOWER ATHLETIC FIELD AT SUMMITRIDGE PARK INCLUDING REGRADING OF FIELD, REFURBISHING OF IRRIGATION SYSTEM AND INSTALLATION OF NEW SOD; AND, APPROVAL OF A GENERAL FUND APPROPRIATION OF $41,201.48 TO SPEND A $41,000 RETENTION FORFEITURE FROM KPRS FOR CONSTRUCTION OF THE DIAMOND BAR CENTER. C/Tye asked if the City would recover the difference of $41,201.48 and $47,000 from Valley Crest. CM/Lowry responded that the City would recover $41,201.48 from the KPRS retention fund. The balance of approximately $5,500 was available for CSD/Rose to use from his existing budget to finish the improvements. CSD/Rose explained that as the Athletic Field repair moves forward the irrigation system will be revised and the City would have to absorb the cost of revising the irrigation system apart from the refurbishment. C/Tye asked how this would affect KPRS' standing with the City. ACM/Doyle said that according to the Public Works Code it would do nothing. KPRS would not be precluded from bidding on future City projects and if they were the lowest responsible bidder the City would need to move forward with a process to determine whether KPRS would be entitled to the job. C/Tye moved, C/Tanaka seconded to approve Consent Calendar Item 6.6 as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 7. PUBLIC HEARINGS: None Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera None None MARCH 7, 2006 PAGE 6 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 APPOINTMENTSIREAPPOINTMENTS TO COMMISSIONS: 8.1.1 PLANNING COMMISSION: C/Tanaka reappointed Kwang Ho Lee C/Tye appointed Ron Everett M/Herrera reappointed Joe McManus MPT/Zirbes appointed Steve Nelson C/Chang reappointed Tony Torng C/Chang moved, C/Tye seconded, to confirm the Planning Commission appointments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPTIZirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.1.2 PARKS AND RECREATION COMMISSION: C/Tanaka reappointed Ted Owens C/Tye appointed Lew Herndon M/Herrera reappointed Benny Liang MPTIZirbes reappointed David Grundy ClChang appointed Ruth Low C/Tye moved, MPTIZirbes seconded, to confirm the Parks and Recreation Commission appointments. Motion carried by the following Roll Call vote: AYES. COUNCIL MEMBERS: Chang, Tanaka, Tye, MPTIZirbes, MlHerrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.1.3 TRAFFIC AND TRANSPORTATION COMMISSION: C/Tanaka reappointed Ken Mok C/Tye appointed Jimmy Lin M/Herrera reappointed Jack Shah MPT/Zirbes reappointed Leanne Pincher ClChang reappointed Mike Shay MARCH 7, 2006 PAGE 7 CITY COUNCIL C/Chang moved, MPT/Zirbes seconded to confirm the Traffic and Transportation Commission appointments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang stated that he had attended a CalPoly fundraising event lastweekend. The featured performer was Paul Anka who, along with his band, performed 90 minutes non-stop. He thanked CalPoly for a fine event and for providing quality education. C/Chang said he recently attended a reception honoring Director Ang Lee He wished everyone a good evening and thanked residents for their attendance at tonight's meeting. C/Tanaka said that it had been a busy couple of weeks. The D.B. Senior Groups continue to meet — the Evergreen Seniors, the Diamond Age Seniors, the Sunshine Seniors and the D.B. Seniors are working together to put on a multi -cultural event on Saturday, October 28. He attended the Sycamore Canyon Park Trailhead Dedication Ceremonies; the South Point Middle School Chamber Music Program and Dinner Fundraiser. The Diamond Bar for Youth Group continues to meet to try and move forward the City's Youth Master Plan in preparation for the National League of Cities Conference in Long Beach. He attended media -relations training seminar and learned how to deal with printed news and television newscasters. The D.B.H.S. Leos were involved in a fundraiser at the Rashada Thai Restaurant raising funds for the orphanages and assist in building a blind and deaf school in Thailand. The Pomona School Board continues to be an interesting place to attend and be a liaison to. The matter of improvements for the Lorbeer Middle School athletic field was placed on the next agenda. He attended Eagle Sam Cho's Court of Honor ceremony. The Wildlife Conservation Authority meeting approved several important resolutions to protect the wildlife area and water resources. A forest ranger gave some background as to the cause of the Santiago fire and the fact that plans were in place ahead of time which made it possible to save a lot of the forest area that might have been back burned and destroyed. During the League of California Cities Regular dinner meeting he attended ethics training for AB 1234. During the "Read Across America Campaign" he was able to read at Diamond Point Elementary School. All of the books from Dr. Seuss were chosen this year and he had a great time reading to the students. He also attended the 2006 Housing Summit hosted by Senator Gloria Romero during which a group of panels members spoke about future affordable housing needs for the San Gabriel Valley. He attended the D.B. Little League's 40th Opening Ceremony thanking both President Richard Dickson and Vice -President John Long for inviting the Council to a wonderful pancake breakfast. He had a chance to judge some of the teen banners and to observe the parade of teens. He listened to Kevin MARCH 7, 2006 PAGE 8 CITY COUNCIL Gross. He congratulated the Lady Panthers Girls Basketball team from D.R.H.S. fQr winning the school's first CIF Girls Team Sports title. The Lady Panthers are competing tonight at D.B.H.S. and he hoped they would move up to the State tournament. C/Tye said it was interesting to hear the young people talk about a new library and he believed that the City needed a better library. The concern was how the City would pay for a new library. He appreciated what Ruben Comar said as he closed out his comments, "you know, this would not cost us anything and we don't have to raise taxes, it could be done with grants and fundraisers". C/Tye said he hoped that everyone Ruben brought with him this evening had the same attitude so that the D.B. taxes would not be impacted. He said he was excited that the D.B. Lady Panthers won their first Diverse CIF Girls Team Sports title by beating Magnolia last week and that tonight they were playing Hanford and he hoped they would be on their way to winning two in a row. As evidenced by Meredith, CJ and Genessis, there are wonderful things going on at their high school and he hoped that people would take notice. It was great to be able to represent the City Council at the Little League Opening Day with C/Tanaka, MPT/Zirbes and CSD/Rose because they got to throw out the first ball and no one bounced a pitch! He said the event brought back a lot of good memories. One of the highlights of the past two weeks was attending with C/Tanaka the South Point Middle School Performing Arts Program an "Evening of Chamber Music." One seventh grade student plays the flute, piano and violin and it is her goal to attend Harvard Law School to become a lawyer and if that fails she plans to be a brain surgeon. He said the kids were incredible and if anyone has a chance to see them they should plan to attend their March 18 fundraiser. South Point Middle School was the first ever middle school to perform at Carnegie Hall and they are raising funds to take 150 middle students back to Carnegie Hall for the third time. They are an incredibly talented group of sixth, seventh and eighth graders. MPT/Zirbes congratulated the D.R.H.S. Girls Panthers Team for winning their very first CIF and wished them well through the State tournament. MPT/Zirbes said he has dealt with a variety of issues throughout the community and invited residents and business people to call, email or write him or any Council Member with their concerns. The Council works for the people. He thanked everyone for attending tonight's meeting and wished everyone a pleasant night. M/Herrera said staff reminded her that the City Council's Goals are to be approved by April 7 and asked Council Members to review the goals, list the goals each individual felt should be carried forward and provide the information to ACM/Doyle no later than March 21. ACM/Doyle elaborated that Council Members should list additional goals and recommend elimination of other goals. Staff would list the goals, get the list to each Council Member who would then indicate their individual ranking of each goal so that on April 7 staff would be able to provide the Council with the final ranking for consideration and approval for 2006/07. MARCH 7, 2006 PAGE 9 CITY COUNCIL M/Herrera said she was very proud of the D.B. students, the high school students who came to tonight's meeting to talk about the library and the students who have achieved various landmarks. D.B. has an extraordinary community and extraordinary students who have extraordinary parents who guide and inspire young people to achieve greatness. D.B. is very fortunate to be a dynamic community. She thanked the Council Members for attending the many events as representatives of the City. Many Council Members attend the same events; collectively the Council Members communicate with the residents and participate in many City events and Council Members are pleased and honored to represent the residents. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the regular City Council meeting at 7:57 p.m. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of 2006. CAROL HERRERA, MAYOR Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 14, 2006 CALL TO ORDER: Chairman McManus called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Dan Nolan Tony Torng, Vice -Chairman Ruth Low and Chairman Joe McManus Also present: Nancy Fong, Interim Community Development Director; Bradley Wohlenberg, Assistant City Attorney; Ann J. Lungu, Associate Planner, Milan Garrison, Contract Planner; Sandra Campbell, Contract Senior Planner and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of January 10, 2006 --- Approved as corrected with C/Nolan abstaining. 4.2 Minutes of the Regular Meeting of January 24, 2006 — Approved as submitted with VC/Low and Chair/McManus abstaining. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 DEVELOPMENT REVIEW NO. 2005-15 AND MINOR VARIANCE NO. 2006-03 — In accordance to Chapters 22.48 and 22.56 of the City of Diamond Bar Development Code the applicant requested approval of plans to construct a new three-story single family dwelling of approximately 9,288 FEBRUARY 14, 2006 PAGE 2 PLANNING COMMISSION square feet (including porches, balconies, covered patios, swimming pool, tennis court and an attached six -car garage) on an existing vacant 1.68 acre parcel in the R-1 20,000 zone with a consistent underlying General Plan Land Use designation of Rural Residential. The applicant also requested approval of a Minor Conditional Use Permit to allow a driveway width greater than fourteen (14) feet at the street property line. PROJECT ADDRESS: 2502 Razzak Circle (Lot 181, Tract 30578; APN 8713-009-066) Diamond Bar, CA 91765 PROPERTY OWNER: Mr. and Mrs. Wasif Siddique 11076 Venture Drive Mira Loma, CA 91752 APPLICANT: Bob Larivee 17 Rue Du Chateau Aliso Viejo, CA 92656 TCDD/Fong requested that the item be continued to February 28, 2006, to allow the applicant time to submit additional revised project drawings. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus continued the public hearing to February 28, 2006. 7.2 DEVELOPMENT REVIEW 2005-37, MINOR VARIANCE 2005-10 AND MINOR CONDITIONAL USE PERMIT 2006-02 — In accordance to Chapters 22.48, 22.52 and 22.56 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct a new two-story dwelling of approximately 7,200 square feet (including porches, balconies, covered patios, swimming pool and an attached four car garage) on an existing vacant 34,848 (.89 acre) square foot parcel in the R-1 8,000 zone with a consistent underlying General Plan Land Use designation of Low Medium Density Residential (RLM). The applicant also requested approval of a Minor Variance to permit retaining walls with an exposed height of eight (8) feet; and a Minor Conditional Use Permit to allow a driveway width greater than fourteen (14) feet at the street property line. FEBRUARY 14, 2006 PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: PAGE 3 PLANNING COMMISSION 3121 Steeplechase Lot 3 of Parcel Map 23382 (APN 8713-017-112) Diamond Bar, CA 91765 Arun and Indira Jain 20825 Quail Run Drive Diamond Bar, CA 91789 Pete Volbeda 615 N. Benson Avenue Upland, CA 91736 Milan Garrison, Contract Planner, presented staff's report and recommended Planning Commission approval of Development Review 2005.37, Minor Variance 2005-10 and Minor Conditional Use Permit 2006-02, Findings of Fact, and conditions of approval as listed within the resolution. CP/Garrison responded to VC/Low that the apparent discrepancy in the size of the driveway was because the site entry at the east and west entrances were 20 feet wide at the turn into a half -circle and staff recommended a reduction from 20 feet to 12 feet to provide additional landscaping to meet the 50 percent requirement. A width of 14 feet is the maximum allowed at the half -circle area and staff is recommending that it be reduced to 12 feet to reduce the amount of paving in the front yard area. C/Torng asked if it was normal to seek Planning Commission approval prior to the applicant receiving approval from'The Country Estates" Homeowners Association and ICDD/Fong responded that it was not unusual even though staff would prefer that the applicant get conceptual approval from the association before the Planning Commission's review of the project. CP/Garrison stated that in this case staff received confirmation that "The Country Estates" Homeowners Association approved the project. VC/Low said she was interested to know the height of the attic and the purpose of having an attic in this development. CP/Garrison asked VC/Low to address her question to the applicant. PC/Garrison explained to C/Lee that the 4800 cubic yards of fill was derived from the grading plan provided by the applicant. Staff inserted the larger amount because upon review by staff it was determined that slightly more fill would be required to create the graded pad to comply with current code FEBRUARY 14, 2008 PAGE 4 PLANNING COMMISSION provisions. C/Lee wanted to know where the numbers came from and PC/Garrison responded that he thought the applicant was indicating the amount of cut and the amount of fill in the triangular portion — the distance between the end of the natural grade to the finished grade and estimates the area to be 815 square feet x 150 feet of depth for a total of the estimated cubic yards. CILee said it would be helpful to view a detailed plan of the proposed retaining wall because reference to a 7' or 8' retaining wall" did not mean anything to him. He wanted to know what kind of material would be used for the wall, how deep the footings, etc. and there was not enough information about the wall for him to make a decision and the wall was very important. TCDD/Fong explained that typically, staff conditions the project that the applicant must conform to code and use decorative materials such as split - faced block or slump stone block. The details are plan checked by the City's Building Official to make certain the wall is constructed to the City's safety standards. In this case, the retaining wall is not seen from the street because it is holding up a portion of the street. Someone driving on Steeplechase would not see the retaining wall only the homeowner would see the wall. Certainly the City wants to make sure that the retaining wall materials are compatible with the architectural style of the building. CILee said that the retaining wall and safety were co -related and when an applicant applies for a Minor Variance he should provide a plan that the Commissioners can view and understand because if the Commissioners do not have the information they cannot vote yes or no. ICDD/Fong referred CILee to the illustration on Section 8 a. on Sheet ss. The scale is small but it shows that there is a retaining wall and that it slopes down into the driveway that leads to the garage. C/Lee asked staff for the structural detail of the retaining wall, what kind of footing, what kind of concrete, etc., because there is pressure on a retaining wall and if it is not constructed properly it could fall down. If staff provided these details and a cross-section of the wall, for example, then he could easily make a decision. Seven or eight feet mean nothing to him. There is no way he can reach a conclusion. ICDDIFong reiterated that the Planning Commission's role is to grant entitlement. Technical matters involving construction and engineering of the walls is a staff function. Commissioners need to review whether or not the Minor Variance is a necessary item for the project to move forward. C/Lee said he understood that and that he did not want to invade functions of City departments but in order to decide he needed sufficient information and he asked the City Attorney for clarification about whether as a Commissioner he was entitled to the information in orderto make a decision. ACA/Wohlenberg explained that a variance is requesting to exceed the retaining wall height allowed by code. FEBRUARY 44, 2006 PAGE 5 PLANNING COMMISSION The engineering data and technical information should not be relevant to the decision because it is an aesthetic question if the City wants to allow the applicant to exceed the height limit. Based on the City's standards for granting a variance which are outlined in staff's report, the height limit is an aesthetic limit that affects the appearance of the neighborhood and one should assume that the project would be properly engineered according to the City's' Code. CILee said he was confused about what information he should use to make his decisions. C/Nolan said he had sufficient information to move forward and would like for the applicant to make his presentation. Chair/McManus said that if Commissioners wanted to review the technical aspects of a project they could ask staff for a copy of the plan check drawings. Pete Volbeda, applicant, said he had built several houses in "The Country Estates." This particular lot requires more fill due to the existing condition of the lot. The reason for the variance request is because the pad is lower and the intent is to hide the garage from street view that necessitates a driveway in front of the house and creates the need for a taller retaining wall at the corner. If the higher retaining wall were disallowed it would necessitate moving the house further down on the lot and create more fill. This is the first step in acquiring a number of approvals in order for the project to move forward. If the Planning Commission failed to approve the variance there would be no need to provide plans and specs for a seven -foot wall. In addition, the applicant intends to screen the walls in accordance with staff s conditions. Mr. Volbeda stated that with respect to the attic space, the owner may at some point wish to convert the attic to a living area. In that case, the applicant would submit the proper application and drawings through the Planning Department. At this point in the project the space will be an unfinished attic. Mr. Volbeda responded to C/Nolan that he had built more than 20 homes in "The Country Estates." VC/Low asked if Mr. Volbeda intended to leave the tree in place and build around it. She asked if the tree was on the applicants or neighbors property. Mr. Volbeda responded that the tree was on the neighbor's property and that part of the parcel conditions for splitting the three lots included maintenance of the oak tree. The tree appears to him to be thriving and he said there would be no construction near the tree. FEBRUARY 14, 2006 PAGE 6 PLANNING COMMISSION C/Lee said that he was seeking a basic plan or cross section of the wall and the depth so that he could understand what it would look like. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. ICDD/Fong recommended that the following condition be added: "Conversion of the attic space to livable space is subject to the City's review process." C/Nolan asked for confirmation that the specifications of the retaining wall were within the purview of staff and that it met all of the specifications of the City's Building Code. ICDD/Fong said she believed so because the City's Engineering Department reviews the plans prior to Planning Commission review. This would be constructed to the specifications of a typical seven -foot retaining wall that is allowed within the Hillside Ordinance because of the topography of "The Country Estates." Prior to the issuance of the building permit the construction specifications would have to meet code. C/Lee said that it would be helpful to have the inside elevation (floor plan). TCDD/Fong explained that typically, staff does not have the elevation of the inside walls. The floor plan indicates how the space will be used. Staff asks for exterior elevations only because the City is concerned with the exterior design and aesthetics only. If the applicant decided to convert the attic to livable space he would need to provide information about the use of the space for staff to determine that the use was appropriate for the zone and that it met the City's standards and requirements. 1CDD/Fong confirmed to VC1Low that the permit to finish the attic space would be subject to staff review only. C/Nolan moved, C/Lee seconded to approve Development Review 2005-37, Minor Variance 2005-10 and Minor Conditional Use Permit 2006-02, Findings of Fact, and conditions of approval as listed within the resolution with the addition of Condition (mm) to wit: "Building plans for converting unfinished attic space to livable space shall be subject to staff review prior to issuance of building permits." FEBRUARY 14, 2006 PAGE 7 PLANNING COMMISSION VC/Low stated that with some of the issues voiced during the discussion of this item page 6 of the Draft Resolution - subsections (n) and (o) clearly referenced the criteria for granting a Minor Variance. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, Torng, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMSSIONER COMMENTSIINFORMATIONAL ITEMS: VC/Low wished everyone a Happy Valentine's Day. C/Torng said that many residents have asked him about the progress of the Country Hills Towne Center and asked staff for an update. He wished everyone a Happy Valentine's Day. C/Lee thanked ICDD/Fong for her help and wished everyone a Happy Valentine's Day. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ICDD/Fong reported that she met with Mike McCarthy today to discuss the conditions of approval and plans for proceeding with the refurbishing of the Country Hills Towne Center. The applicant intends to submit plans in a timely fashion so that the supermarket could be fully functional by the end of the year. The new HMart is a Georgia based company and this location will be the first prototype in California. There will also be a Starbuck's drive-through. Mr. McCarthy said that he had signed many letters of interest and was working with existing tenants to retain their business as well. Mr. McCarthy plans to approach the Planning Commission with a request for modification to the Conditional Use Permit for the two-story building because he has acquired enough leases that he needs to build the new building to relocate some of the existing tenants while he renovates the existing buildings. The website for HMart is www.hmart.com. The owner of HMart is a Korean family and the market is a multi-ethnic "World Market" type of business. FEBRUARY 14, 2006 PAGE 8 PLANNING COMMISSION ICDD/Fong responded to C/Nolan that Dr. Doshi had indicated that he wanted to move to the second floor of the new two-story building. C/Nolan felt that his decision was a win-win for everyone. Chair/McManus said it was unfortunate that everyone could not make the Economic Workshop on February 6 because it was very enlightening. The moderatorwas very good at keeping everyone on point. 1CDD/Fong reported that the City Council, Chair/McManus and staff participated in the Economic Workshop. Council set priorities for economic goals. For example, redevelopment of the Kmart center is a high priority project and Council wants staff to move forward. Building a golf course is a top priority project as well and is part of the annexation being pursued by the City. Council wanted to conduct a land use study for Site D and perhaps change the General Plan to make it clear that the site would be available for commercial development and not as residential in the future. Chair/McManus said the redevelopment of the Kmart area included the area from the SR60 to Golden Springs Drive to the condominiums to the west and to Diamond Bar Boulevard to the south. ICDD/Fong explained that the condominiums would not be demolished but rather included within the Specific Plan area for pedestrian connections. ICDD/Fong responded to VC/Low that the area including the Chevron and Shell stations across Diamond Bar Boulevard and excluding the condominiums was recently rezoned from C-2 to C-3. VC/Low suggested that the City Council and Planning Commission meet with individuals concerned about economic development during discussions involving the Form Based Code. 9.2 Form Based Costes At the request of Chair/McManus to investigate Formed Based Codes staff provided the Commission with information and sent a memorandum to Council indicating that the Planning Commission was interested in a mutual discussion of the subject. Because Diamond Bar is somewhat built out, there would be certain areas of the City that could fall under Formed Based Code and redevelopment. In order to facilitate the Formed Based Code the Planning Commission could forward a recommendation to the City Council that the General Plan could be amended to add policies and goals that referenced Form Based Code as a tool for use as part of the future Specific Plan. In response to VC/Low, ICDD/Fong said that it would be a general recommendation to consider implementing the Formed Based Code FEBRUARY 14, 2006 PAGE 9 PLANNING COMMISSION specific to the project areas. Adding the words "Formed Based Code" or "urbanism" would set the tone for developing the Specific Plan. VC/Low thanked staff for an excellent report. She felt that in spite of the City being pretty well built out the Formed Based Code could be useful. On the other hand, this concept was 25 years old and she would not want to push the Form Based Code if something better came along. ICDD/Fong said that Diamond Bar would most likely use a hybrid form of the Form Based Code rather than a pure Form Based Code. She believed that cities should be able to regulate what types of uses would be compatible with each other as well as compatible to the surrounding area. ICDDIFong responded to C/Torng that from a public purpose (quality of life) standpoint Form Based Codes were established as a tool prescribed to a Specific Plan so that cities could describe what form and architectural style the buildings should take on, where the buildings should be placed, what kind of pedestrian connections should be included and what kind and size the plaza areas should be to attract pedestrians to remain and enjoy the environment. She pointed out that The Groves on Third Avenue in Los Angeles is a very vibrant area with lots of pedestrian traffic and it would be that type of atmosphere that Diamond Bar would seek to create for its residents and using the Form Based Code it would be feasible to prescribe that kind of environment. ICDD/Fong indicated to C/Torng that the approval process would remain the same as it is today. 9.3 Art in Public Places ICDD/Fong presented the Commission with a report including a chart that compared several cities from Brea and Claremont to Laguna Beach, Pasadena and Rancho Cucamonga. Art could be obtained through a prescribed program. For example, Brea requires that each project of a certain value would have to contribute a specific amount of money. Another way of acquiring art is through the entitlement process on a project -by -project basis. For example, if the City has something in its design guidelines or General Plan Goals and Objectives to encourage the placement of art, the City could, through entitlement -- a Conditional Use Permit, condition the Country Hills Towne Center to place an art piece within the project site. The Brea concept is for any project that exceeds a certain value contributes one percent toward art in public places. The question is whether the City is attempting to achieve a "public purpose" and how does the City define that "public purpose." Obviously, the "public purpose" is for aesthetics and quality of life that the City wants to achieve. On the other hand, how would that fiscally affect the development community because they would have to set aside funds in advance for placement of FEBRUARY 14, 2006 PAGE 10 PLANNING COMMISSION art. Staff would recommend that the City develop guidelines or General Plan goals that would encourage art in public places and explore the idea of creating an "art fund." Chair/McManus recalled that an artist obtained private funding for donation of the Cougar at Summitridge Park and wondered how that project came about. ICDD/Fong felt that not too many private individuals would fund an art project unless they were compelled to do so. C/Nolan commended staff on the report. He said he believed in this type of program and said that the onus was on the City to figure out how to fund the program and whether it should be funded primarily through commercial projects. C/Nolan felt the City's entryways were aesthetically pleasing. TCDD/Fong thanked CP/Campbell for preparation of the report. C/Torng asked if staff planned to discuss this matter with the Council and VC/Low asked if the Planning Commission had the authority to amend the design guidelines. ICDDIFong said that staff's recommendation was for the Commission to send a recommendation to the City Council to initiate a General Plan amendment that would add language to facilitate art in public places as well as the Form Based Code. C/Nolan asked if the General Plan supported the notion of art in public places. ICDD/Fong said she read through the General Plan and did not recall that there was any mention, policy or goal that spoke to art in public places. Chair/McManus stated that if the City went to Form Based Code it could dictate the parameters under which contractors were to build. VC/Low recalled Mr. DeStefano, formerAssistant City Manager, indicating that art in public places would not conflict with the General Plan and that there was no such prohibition within the General Plan. TCDD/Fong said that at the recommendation of the Planning Commission, staff would prepare a memorandum to the City Council. VC/Low felt there was a better word than "extract" and ICDDIFong said that staff would make the change. FEBRUARY 14, 2006 PAGE 11 PLANNING COMMISSION VC/Low moved, C/Nolan seconded to forward a recommendation to the City Council that the City adopt Form Based Code for Specific Plans and that policies and goals be incorporated for an "art in public places" program. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. VC/Low, Nolan, Lee, Torng, Chair/McManus None None ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 8:00 p.m. Respectfully Submitted, Nancy Fong Interim Comm Joe KcManus, Chairman lopment Director CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C_ Lowry, City Manager Agenda # 6.3 Meeting Dale. March 21, 2006 AGENDA REPORT TITLE: Ratification of Check Register dated March 3, 2006 through March 16, 2006 RECOMMENDATION: Ratify Check Register containing checks dated March 3, 2006 through March 16, 2006 totaling $666,591.38. FINANCIAL IMPACT: Expenditure of $666,598.38 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 March 3, 2006 through March 16, 2006 for $666,591.38 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: -4 ' Fi a ce D r for Aistyy Manager Attachments: Affidavit and Check Register - 03/03/06 through 03/16/06 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listing of demands, invoices, and claims in the form of a check register including checks dated March 2, 2006 through March 16, 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 $440,209.44 011 Community Organization Support Fd 125.00 112 Prop A - Transit Fund 153,380.89 115 Int. Waste Mgt Fund 3,510.17 118 AB2766 - AQMD Fund 1,816.90 125 CDBG Fund 3,308.84 138 LLAD #38 Fund 20,568.88 139 LLAD #39 Fund 16,834.90 141 LLAD #41 Fund 9,371.36 250 Capital Improvement Project Fund 17,465.00 $666,591.38 Signed: b �J/ �� Linda G. Magnus Finance Director SUNGARD PENTAW TION INC Fi7ND ACCOUNTING DATE: 03/16/06 CITY OPDIAMOND BAR 'DIME: 14:08:04 CHECA' REGISTER. - DTSBURSE'MENT FUND SELECTION CRITERIA: txan_dct.trans_date>'20060303 OO:GG:;1{?.L' and transac..ck_c'ate>'20060303 '0:00:00.0' ACCOUNTING PERIOD: 906 FUND - 001 - 6ENnmzj,. rUNF, PER DIEM --NAT LEAGUE CC! 0.00 461..-.5 CASH ACCT CHECK NO ISSTIE DT --------------VENDOR------ ------ FUND/D7VISIf_N 10100 69803 '-:3/07/06 HERRERAC CAROL HERRERA 0014010 10100 69804 '3/07/06 DOYLEDAV DAVID DOYLE 0014030 10100 69805 03/07/06 TYESTEVE STEVE TYE 0014010 10100 69806 1:3/09/06 ADELPHIA ADELPHIA 0014010 10100 69807 03/09/06 AJAXSIGN AJAX SIGN GRAPHICS INC. 0014090 10100 69807 63'09/06 AJAXSIGN AJAX SIGN GRAPHICS INC. 0014090 10100 69807 03/09/06 AJAXSIGN AJAX SIGN GRAPHICS INC. 0014090 10100 69807 03/09/06 AJAXSIGN AJAX SIGN GRAPHICS INC. 0014090 TOTAL CHECK 0.00 408.28 PRoF.sVCs-EN 04-445 0.00 1488.25 10100 69808 03!09/06 ALFORDEI EILENE ALFORD 091 10100 69809 1,!3!09/06 AMERICOM AMERICOMP GROUP INC 0014070 10100 69809 3/09/06 AMERICOM AMERICOMP GROUP INC 0014070 TOTAL CHECK 0.00 1758.41 P & R COMM -2/23 0.00 45.00 10100 69810 i3:'09l06 BEEREMOV BEE REMOVERS 1415541 10100 69811 73/09/06 BENESYST BENESYST 001 10100 69812 23 09/06 BERENTIS KRISTA BERENTIS 0015350 10100 69813 03'09!06 BONTERRA BONTERRA CONSULTING INC. 001 10100 69814 03/09/06 BOULEVAR BOULEVARD BAGELS 0014090 10100 69814c3i09/06 BOULEVAR BOULEVARD BAGELS 0014090 TOTAL CHECK 10100 69815 030 9 / 0 6 BRYANSTI BRYAN STIRRAT & ASSOCIAT 001 10100 69815 03!09/06 BRYANSTI BRYAN STIRRAT & ASSOCIAT 0015510 TOTAL CHECK 10100 69816 030906 BURNETTM MAUREEN BURNETT 001 10100 69817 031„9/06 CATABALL CATALINA BALLAST BULB CO 0015340 ].0100 69818 03:09/06 CDW-G CDW GOVERNMENT INC. 0015350 10100 69818 03 09/06 CDW-G CDW GOVERNMENT INC. 0014070 TOTAL CHECK 10100 69819 03/09/06 CHANGLIN LING LING CHANG 0015350 10100 69820 0:109/06 CHIUJASO JASON CHIU 001 r.AGE :,TUMBEF.: 1 A_CTFA21 ----DESCRIPTION----- S: -.LES IAX AMOUNT PER DIEM --NAT LEAGUE CC! 0.00 461..-.5 PER DIEM -NAT LEAGUE CC, 0.00 461.25 PER DIEM -NAT LEAGUE 0.00 461.25 MODEM SVCS -COUNCIL 0.00 46.P5 SUPPLIES -NAMEPLATE 0.00 24.53 SUPPLIES -NAMEPLATES 0.00 30.18 SUPPLIES -NAMEPLATES 0.00 17.19 SUPPLIES -NAMEPLATES 0.00 121.11 0.00 192.81 RECREATION REFUND 0.00 36-00 SUPPLIES -TONER 0.00 178.56 SUPPLIES -TONER 0.00 242.26 0.00 420.82 RFE REMOVAL -20900 TRIG 0.00 105.00 3110/06-P/R DEDUCTIONS 0.00 537.07 PER DIEM -CPRS CONE 0.00 130.'0 PROF.SVCS-FPL 2002-09 0.00 2.950.53 MTG SUPPLIES -GENERAL 0.00 295.58 MTG SUPPLIES -GENERAL 0.00 112.70 0.00 408.28 PRoF.sVCs-EN 04-445 0.00 1488.25 PROF.SVCS-PLAN CHECK 0.00 77.85 0.00 1566.10 RECREATION REFUND 0.00 85.00 MAINT-MAPLE HILL PK 0.00 642.03 COMP EQ -MONITOR 0.00 464.82 ANNL, MAINT-BACKUP SOFT 0.00 1293.59 0.00 1758.41 P & R COMM -2/23 0.00 45.00 RECREATION REFUND 0.00 36.00 RUN DATE 03/16/06 TIME 14:08:06 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTA.MATTON N(- - FUND ACCOUNTING PAGE NUMBER: 2 DATE: 03/16/06 CITY OF DIAMOND BAR ACCTPA21 TIME: 14:08:04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: 'ransact.tran8_daLe%'2006-��J3 00:00:00.0' and transact.ck_date>120060303 00:00:00.0' ACCOUNTING PERIOD: ,/06 r'UND - Oul - uF,,,,ERAL FUND CASH ACCT CHECK NO ISSUE DT ------------ --- JENDOR ------------- FUND/DIVISION -----DESCRIPTION--- - SALES TAX AMOUNT 10100 69821 03/09/06 MURPHEYC CHRISTIN J MURPHEY 0015350 PER DIEM -CPRS CONE 0.00 130.50 10100 69822 03/09/06 CHUEVEI,Y EVELYN CHU 001 RECREATION REFUND 0.00 45.00 10100 69823 03/09/06 MONROVIA CITS OF MONROVIA 0014050 CSMFO MTC;-MAGN`.JSON 0.00 30.00 10100 69824 03/09/06 CITYTRAF CITY TRAFFIC ENGINEERS A 0015551 MTG-CHAN/MOLINA 0.00 170.00 10100 69825 03/09/06 CIVICSOL CIVIC SOLUTIONS INC 001527.0 PROF -SVCS -FPL 2005-130 0.00 47.50 10100 69825 03/09/06 CIVICSOL CIVIC SOLUTIONS INC 0015210 CONTRACT SVCS -JAN 06 0-00 7885.00 10100 69825 03/09/06 CIVICSOL CIVIC SOLUTIONS INC 0015210 PROF.SVCS-FPL 2004-8� 0.00 237.50 10100 69825 03/09/06 CIVICSOL CIVIC SOLUTIONS INC 0015210 PROF.SVCS-FPL, 2005-147 0.00 3135.00 0.00 11305.00 TOTAL CHECK 10100 69826 03/09/06 COMMSECU COMLrjCK SECURITY GROUP 0015340 SUPPLIES -PARKS 0.00 12,08 10100 69826 03/09/06 COMMSECU COMIJ?CK SECURITY GROUP 0015333 SUPPLIES -DSC 0.00 12.07 0.00 24.15 TOTAL CHECK 10100 69827 03/09/06 CONTACTO CON1Ai:T OFFICE SOLUTIONS 0014090 COPIER MAINT-.IAN-FEB 0 0.00 645.88 10100 69828 03/09/06 DJMUNICI D & J MUNICIPAL SERVICES 0015220 BLDG & SFTY SVC' -2/1-:/ 0.00 23194.73 10100 69829 03/09/06 GRUNDYDA DAVID J. GRUNDY 0015350 P & R COMM -2/2.3 0.00 45.00 10100 69830 03/09/06 DAYNITEC DAY & NITE COPY CENTER 0015350 PRINT SVC -YOUTH M.STR P 0.00 1306.69 10100 69830 03/09/06 DAYNITEC DAY & NITF. COPY CENTER 0015310 PRINT SVC -TRAIL HEAD 0 0.00 108.25 10100 69830 03/09/06 DAYNTTEC DAY & NITE COPY CENTER 0015310 PRINT SVC -TRAIL HEAD 0 0.00 742.60 10100 69830 03/09/06 DAYNITEC DAY & NITE COPY CENTER 0015310 PRINT SVC -TRAIL HEAL) 0 0.00 9.74 0.00 2167.26 TOTAL CHECK 10.100 69831 03/09/06 DELTACAR DELTA CARE PMI 001 MAR 06 -DENTAL PREM 0.00 326.52 10100 69832 03/09/06 DELTADEN DELTA DENTAL 001 MAR 06 -DENTAL PREM 0.00 1730.46 10100 69832 03/09/06 DELTADEN DELTA DENTAL 0014095 MAR 06 -DENTAL PREM 0.00 30.57 10100 69832 03/09/06 DELTADEN DELTA DENTAL 0014095 MAR 06 -DENTAL PREM 0.00 35.05 10100 69832 03/09/06 DELTADEN DELTA DENTAL 003 MAR 06 -DEN'I'AL PRFM 0.00 177.55 0.00 1973.63 TOTAL CHECK 10100 69833 03/09/06 DENNISCA CAROL DENNIS 0015310 PROF.SVCS-P & R COMM 0.00 125.00 10100 69833 03/09/06 DENNISCA CAROL DENNIS 0015210 PROF.SVCS-PLNG COMM 0.00 100.00 0.00 225.00 TOTAL CHECK 10100 69834 03/09/06 DEPTOFTR DEPT OF TRANSPORTATION 0015554 TRFFC SIGNAL MAINT JAN 0.00 -781.19 10100 69835 03/09/06 DHMAINTE DH MAINTENANCE 0015333 ADDL MAINT-DBC DEC 0 0.00 3229.00 10100 69836 03/09/06 OBHANDCA DIAMOND BAR HAND CAR WAS 0015310 CAR WASH -COMM SVCS 0.00 8.99 10100 69836 03/09/06 DUHANDCA DIAMOND BAR HAND CAR WAS 0014090 CAR WASH -POOL VEH 0.00 8.99 RUN DATE 03/16/06 TIME 14:08:06 SUNGARD PENTA.MATION INC - FUND ACCOUNTING SUNARD PENTAMATION INC - FUND ACCOUNTING DATE: 03/16:06 CITY OF DIAMOND RAR TIME: 14:08:94 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact. trans date>'20060303 00:00:00.0' and transact.ck_date>'20060303 00:01:00.0` ACCOUNTING PERIOD: 9/06 tuNii - 001 - GENERAL FUND AMOUNT CAR WASH-NGHBRHD IMP 0.00 CASH ACCT CHECK NO ISSUE DT --------------VENDOR----------- - FUND/DIVISION 10100 MTG SUPPLIES -GENERAL 69836 03/09/06 DBHANDC^, DIAMOND BAR HAND CAR WAS 0015230 TOTAL CHECK 72.00 MTG SUPPLIES -GENERAL 0.00 200.00 MTG SUPPLIES -GENERAL 10100 150.00 69837 03/09/06 DBDELI DIAMOND BAR INTERNA_TIONA. 0015510 10100 CONSULTANT SVCS-CDBG 69837 03/09/06 DBDELI DIAMOND BAR INTERNATIONA 0014090 10100 0.00 69837 03/09/06 DBDELI DIAMOND BAR INTERNATIONA 0014090 10100 624.00 69837 03/09/06 DBDELI DIAMOND BAR INTERNATIONA 0014090 10100 69837 03/09/06 DBDELI DIAMOND BAR INTERNATIONA 0014090 10100 0.00 69837 93/09/06 DBDELI DIAMOND BAR INTERNATIONA 0014090 TOTAL CHECK CONTRACT CLASS -WINTER 0.00 1551.90 ENTERTAINMNT-SR PROG 0.00 10100 CONSULTANT SVCS -FEB 06 69838 03/09/06 DBPETTYC DIAMOND BAR PETTY CASH 001 10100 0.00 69839 03/09/06 DIANACHO DIANA CHO & ASSOCIATES 1255215 10100 9460.88 69840 03/09/06 DIVERSIF DIVERSIFIED PARATRANSIT 1125553 10100 69841 03/09/06 DOGDEALF DOG DEALERS INC 0015350 10100 69842 03/09/06 DOGGIEWA DOGGIE WALK BAGS INC 0015310 10100 69843 03/09/06 EDUCATIO EDUCATION TO GO 0015350 10100 69844 03/09/06 EVERGREE EVERGREEN INTERIORS 0014090 10100 69844 03/09/06 EVERGREE EVERGREEN INTERIORS 0015333 TOTAL CHECK 10100 69845 03/09/06 EXCELLAN EXCEL LANDSCAPE 1385538 10100 69846 03/09/06 FEDEX FEDEX 0014090 10100 69846 03/09/06 FEDEX FEDEX 001 TOTAL CHECK 10100 69847 03/09/06 FERNANDE DAVID FERNANDEZ 0015350 10100 69848 03/09/06 FOSTERCH CHRISTINE FOSTER 0015350 10100 69849 03/09/06 GLADWELL GLADWELL GOVERNMENTAL, Sv 0014030 10100 69850 03/09/06 GRAPHICS GRAPHICS UNITED 0014095 10100 69851 03/09/06 H2OPRESS H2O PRESSURE WASHING INC. 0015333 10100 69852 03/09/06 HDLCOREN HINDERLITER, DE LLAMAS & 0014090 10100 69852 03/09/06 HELCOREN HINDERLITER, DE LLAMAS & 0014090 TOTAL CHECK 10100 69853 03/09/06 HULSENVI HULS ENVIRONMENTAL MGT L 1155515 PAGE NUMBER: 3 ACCTPA21 -----L'ESCRIPTION------ SALES TAX AMOUNT CAR WASH-NGHBRHD IMP 0.00 65.95 0.09 83.93 MTG SUPPLIES-T&T COMM 0.00 88.00 MTG SUPPLIES -GENERAL 0.00 114.00 MTG SUPPLIES -GENERAL 0.00 210.00 MTG SUPPLIES -GENERAL 0.00 72.00 MTG SUPPLIES -GENERAL 0.00 200.00 MTG SUPPLIES -GENERAL 0.00 150.00 0.00 834.00 INCREASE -PETTY CASH 0.00 400.00 CONSULTANT SVCS-CDBG 0.00 2485.00 DIAMOND RIDE -2/1-2/15 0.00 3732.40 CONTRACT CLASS -WINTER 0.00 590.40 SUPPLIES -PARKS 0.00 415.92 CONTRACT CLASS -WINTER 0.00 624.00 PLANT MAINT-C/HALL FF. 0.00 215.00 PLANT SVCS -DBC FEB 0.00 165.00 0.00 380.00 LANDSCAPE MAINT-FEB 06 0.00 3547.59 EXPRESS MAIL -GENERAL 0.00 92.57 EXRESS MAIL -FPL 2005-1 0.00 36.15 0.00 128.72 CONTRACT CLASS -WINTER 0.00 1551.90 ENTERTAINMNT-SR PROG 0.00 125.00 CONSULTANT SVCS -FEB 06 0.00 980.00 PRINT SVC-NWSI,TTR/R/GU 0.00 11589.08 MAINT-UBC 0.00 100.00 CONTRACT SVCS -1ST QTR 0.00 900.00 AUDIT SVCS -SALES TAX 3 0.00 9460.88 0.00 10360.88 CONSULTING SVC -WASTE M 0.00 1575.00 RUN DATE 03/16/06 TIME 14:08:06 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION iNC - FUNO AC.GUNTING PALL igrMPFR: 1 DATE: 03,'16/06 CITY OF DIAMOND BAR A.CCPPA�I TIME: 14:08:04 CHECK REGISTER - DISBURSFMFNT FUND SELECTi'.:N CRITERIA: transact -.trans date>'20060303 00:00:00.';' and transact.ck_date>'l_,00bJ303 00:00:00.0' ACCOUNTING PERIOD: 9'06 PUNT) - 001 - GENERAL "FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR ---- FUND/DIVISION --- -DESCRIPTION SALES TAX AMOUNT 1010(1 69854 03/09/06 INLANDEM INLAND EMPIRE STAGES 0015350 SR EXCURSN-MERLINS 0.00 1485.00 10100 69854 03!09106 1NLANDEM INLAND EMPIRE STAGES 1125350 TRANSPORTATION -SR EXCR 0.00 552.00 TOTAL CHECK 0.00 2037.00 10100 69855 03;09i06 IVHS INLAND VALLEY HUMANE SOC 0014431 ANIMAL CONTROL SVCS -MA 0.00 6871.92 10100 69855 03/09;06 IVES INLAND VALLEY HUMANE SOC 0014431 ANIMAL CONTROL SVCS -MA 0.00 6871.92 10100 69855 V 03/09,06 IVES INLAND VALLEY HUMANE SCC 0014431 ANIMAL CON'T'ROL SVCS -MA 0.00 -6871.92 10100 69855 V 03/09106 IVHS INLAND VALLEY HUMANE SOC 0014431 ANIMAL CONTROL SVCS -MA 0.00 -6871.92 TOTAL CHECK 0.00 0.00 10100 69856 03/09'06 TTSAGRIN IT'S A GRIND 0015310 SUPPLIES -TRAIL HEAD OP 0.00 84.95 10100 69857 03/09/06 JENKINS JENKINS & HOGIN, LLP 0014020 GEN LEGAL SVCS -FEB 06 0.00 6042.00 10100 69857 03/09/06 JENKINS JENKINS & HOGIN, LLP 0014020 GEN LEGAL SVCS -COM DEV 0.00 1669.50 10100 69857 03/09;06 JENKINS JENKINS & HOGIN, LLP 0014020 GEN LEGAL SVCS -COMM SV 0.00 95.40 10100 69657 03/09,,'06 JENKINS JENKINS & HOGIN, LLP 0014020 GEN LEGAL SVCS-P/WORKS 0.00 1081.20 10100 69657 03/09%06 JENKINS JENKINS & HOGIN, LLP 0014020 GEN LEGAL SVCS-EDISON 0.00 56Q9-70 TOTAL CHECK 0.00 14497.80 10100 69858 03/09/06 KRAUSJON JONATHAN W. KRAUS 0015350 CONTRACT CLASS -WINTER 0.00 1188.00 10100 69859 03/09;06 JDSCORPO JUDICIAL DATA SYSTEMS CO 0014411 PARKING CITE ADMIN -JAN 0.00 1830.64 10100 69860 03;09/06 KIDSTARP KIDSTAR PERFORMING ARTS 0015350 CONTRACT CLASS -WINTER 0.00 210.00 10100 69861 03/09!06 KIDZLOVE KIDZ LOVE SOCCER 0015350 CONTRACT CLASS -WINTER 0.00 3080.00 10100 69862 03/09,,06 LAVERNE CITY OF LA VERNE 0014411 PRKG CITE HRGS-FEB 06 0. 00 190.00 10100 69863 03/09/C6 LANTERMA LANTERMAN DEV CENTER/COM 0015558 WEED ABATEMENT -JAN 06 0.00 1829.36 10100 69863 03/09/06 LANTERMA LANTERMAN DEV CENTER/COM 0015558 WEED ABATEMENT -FEB 06 0.00 1829.36 TOTAL CHECK 0.00 3658.72 10100 69864 03/09;06 LAPELPIN LAPELPINZ.CCM, LLC 0014090 PRDMO ITEMS -CITY PINS 0.00 550.00 10100 69865 03/09/06 LEAGUE LEAGUE OF CALIFORNIA CTT 0015210 PLANNERS CONF-N FONG 0.00 490.00 10100 69866 03/09/06 LEAGUE LEAGUE OF CALIFORNIA CIT 0015210 PLANNERS CONF-K H LEE 0.00 490.00 10100 69867 03!09'06 LEAGUE LEAGUE OF CALIFORNIA CIT 0015210 PLANNERS CONF-J MCMANU 0.00 490.00 10100 69868 $3/09/00, LEAGUE LEAGUE OF CALIFORNIA CIT 0015210 PLANNERS CONF-S NELSON 0.00 490.00 10100 69869 03/09,,06 LEAGUE LEAGUE OF CALIFORNIA CIT 0015210 PLANNERS CONF-R EVERET 0.00 490.00 10100 69870 03/09/06 LETTERPE LETTER PERFECT SIGNS 0015340 SIGNS -PETERSON PK 0.00 350.73 RUN DATE 03/16/06 TIME 14:08:06 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION IIJC - FUND ACCOUNTING PAGE NUMBER[ 5 DATE: 03/16/06 CITY OF DIAMOND BAR ACCTPA21 TIME: 14:08:04 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: and transact.ck_date,'20060303 00:00:0(.0' ACCOUNTING PERIOD: 9,06 FOiQD - 001 - GFN£RAL FUND CASH ACCT CHECK NO ISSUE DT - - VENDOR ------------- FUND. /DIVISION -----DESCRIPTION------ SF -LES TAR AMOUNT 10100 69871 03/09/06 LIANGBEN BENNY LIANG 0015350 P & R COMM -2/23 0.00 45.00 10100 69872 03/09/06 LOPEZMAR MARIA LOPEZ 001 REFUND -PARKING CITATIO 0-00 30.00 10100 69873 03/09/06 LACPUBWK LOS ANGELES COUNTY PUBLI 0015510 INDUSTRIAL WASTE -SAN 0 0.00 862.37 10100 69873 03/09/06 LACPUBWK LOS ANGELES COUNTY PUBLI 0015554 TRAFFIC SIGNAL MAINT-J 0.00 218.61 10100 69873 03/09/06 LACPUBWK LOS ANGELES COUNTY PUBLI 0015340 SUMP PUMP MAINT-JAN 06 0.00 351.75 TOTAL CHECK 0.00 1432.73 10100 69874 03/09/06 MCECORPO MCE CORPORATION 0015558 VEGETATION CONTROL -SAN 0.00 5403.98 10100 69875 03/09/06 MEHTASUR SURENDRA MEIITA 0015350 CONTRACT CLASS -WINTER 0.00 900.00 10100 69876 03/09/06 METROLTN METROLINK 1125553 CITY SUBSIDY -FEB 06 0-00 13745.20 10100 69876 03/09/06 METROLIN METROLINK 1125553 METROLINK PASSES -FEB 0 0-0053930.80 10100 69876 03/09/06 METROLIN METROLINK 1125553 CITY SUBSIDY -MAR 06 0.00 13676.85 10100 69876 03/09/06 METROLIN METROLINK 1125553 METROLINK PASSES -MAH 0 0-00 53552.40 TOTAL CHECK 0.00 134905.25 10100 69877 03/09/06 MEYERLAU LAUREL MEYER 0015350 PER DIEM -CPRS CONF 0.00 130.50 10100 69,978 03/09/06 MEYERSAD ALTSON D- MEYERS 0015350 PER DIEM -CPRS CONF 0.00 130.50 10100 69879 03/09/06 MER MUNICTPAT. ENGINEERING RE 001557.0 CONSULTING SVCS -FEB 06 0.00 7565.00 10100 69880 03/09/06 LYONSNAN NANCY LYONS 0015350 P & R Comm -2/23 0.00 45.00 10100 69881 03/09/06 NETINC NATIONAL ENTERTAINMENT T 0015350 SUPPLIES -EASTER EGGS 0.00 1137.12 I0100 69882 03/09/06 ONTARTOI ONTARIO ICE SKATING CENT 0015350 CONTRACT CLASS-WTNTER 0.00 172.80 10100 69883 03/09/06 ORANCOAS ORANGE COAST FENCING 0015350 CONTRACT CLASS -WINTER 0.00 192.00 10100 69884 03/09/06 OWENSTED TED OWENS 0015350 P & R COMM -2/23 0.00 45.00 10100 69885 03/09/06 PAETECCO PAETEC COMMUNICATIONS IN 0014090 LONG DIST SVCS-FEB/MAR 0. 00 839.19 10100 69886 03/09/06 PERSRETI PERS RETIREMENT FUND 091 RETIRE-CONTRIB ER 0.00 11593.46 10100 69886 03/09/06 PERSRETI PERS RETIREMENT FUND 001 RETIRE-CONTRIB EE 0.00 7279.73 10100 69886 03/09/06 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 40.92 TOTAL CHECK 0.00 18914.11 10100 69887 03/09/06 POMJUDTC POMONA JUDICIAL DISTRICT 001 PKNG CITATION FEES -JAN 0.00 2950.00 10100 69888 03/09/06 RALPHS RALPHS GROCERY/FOOD 4 LE 0014090 SOPPLIES-GENERAL 0.00 26.10 10100 69888 03/09/06 RALPHS RALPHS GROCERY/FOOD 4 LE 0014090 SUPPLIES -GENERAL 0.00 31.39 10100 69888 03/09/06 RALPHS RALPHS GROCERY/FOOD 4 LE 0015350 SUPPLIES -TRAIL HEAD OP 0.00 277.90 TOTAL CHECK 0.00 335.39 RUN DATE 03/16/06 TIME 14:08:06 SUNGARI) PENTAMATION INC - FUND ACCOUNTING SUNGARI; PF.NTAMAT=ON INC - FUND ACCOt;NTiNG PAGE NUMBER: n DATE: 02116/06 CITY OF DTAMOND BAR ACCTPA21 TIME: 14:08:04 CHECK PEGISTER - DISBL'HSEMENT FUND SELECTIONCRITERIA: Lransact.tran8,_date>'2(',i6 _1303 Q0:00:00.0' and transact.ck_date,'20060303 00:G'):00.0' ACCOUNTING PERIOD: 9/06 FUND - uul - GENERAL FUND CASH ACCT CHECK NO ISSUE DT ------------ -VENDOR------ FUND! DIVISION -----DESCRlPT mm ------ SALES TAX AMOUNT 10100 69889 03/09/06 REINBERG REINBERGER PRINTWERKS 0014090 PRINT SVCS -ENVELOPES 0.00 115.83 10100 69889 03/09/06 REINBERG REINBERGER PRINTWERKS 0014_!90 PRINT SVCS-ENJELOPF.S 0.00 241.40 10100 69889 03/09/06 REINBERG REINBERGER PRINTWERKS 0014090 PRINT SVCS-L£T'PERHEAD 0-00 66.57 0.00 423.80 TOTAL CHECK 10100 69890 03/09/06 ROSEBOB BOB ROSE 0015350 PER DIEM -CPRS CONF 0.00 130.50 10100 6,.9891 03/09/06 ROTOTOOT ROTO ROOTER PLUMBERS 0015`._54 ROAD MAINT-21040 AMBUS 0.00 435.00 10100 69892 03/09/06 SGVEP SAN GABRIEL VALLEY ECONO 0014010 MTG-COUNCIL 0.00 25.00 10100 69893 03/09/06 SASECOMP SASE COMPANY INC 0015554 SUPPLIES -ROAD MAINT 0.00 552.42 10100 69894 03/09/06 SECTRAN SECTRAN SECURITY INC. O014f!90 COURIER SVCS -MAR 06 0.00 291.49 10100 69895 03/09/06 SMARTFIN SMART & FINAL 0015310 SUPPLIES -TRAIL HEAD OP 0.00 40.51 10100 69895 03/09/06 SMARTFIN SMART & FINAL 0015350 SUPPLIES -SR BINGO 0.00 162.32 TOTAL CHECK 0.00 202.83 10100 69896 03/09/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 122.61 10100 6,9896 03/09/U6 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 1.8.45 10100 69896 03/09/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 617.12 10100 69896 03/09/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 34.19 10100 69896 03/09/06 SCE SOUTHERN CALIFORNIA EDIS 138553H ELECT SVCS -DIST 38 0.00 270.06 10100 69896 03/09/06 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS -DIST 38 0.00 27.78 10100 69896 03/09/06 SCE SOUTHERN CALIFORNIA EDIS 1395539 ELECT SVCS -DIST 39 0.00 251.50 10100 69896 03/09/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 184.48 10100 69896 03/09/06 SCE SOUTHERN CALIFORNIA EDTS 1415541 ELECT SVCS -DIST 41 0.00 115.38 10100 69896 03/09/06 SCE SOUTHERN CALIFORNIA EDIS 0015340 ELECT SVCS -PARKS 0.00 3377.28 0..00 5018.85 TOTAL CHECK 10100 69897 03/09/06 SPARKLET SPARKLETTS 0014090 WATER SUPPLIES-TAN/FES 0.00 228.87 10100 69897 03/09/06 SPARKLET SPARKLETTS 0014090 EQ RENTAL -CITY HALL 0.00 9.75 0.00 238.62 TOTAL CHECK 10100 69898 03/09/06 SUBWAY SUBWAY 0014090 MTG SUPPLIES -GENERAL 0.00 9.58 10100 69898 03/09/06 SUBWAY SUBWAY 0014090 SUPPLIES -GENERAL 0.00 9.58 10100 69898 03/09/06 SUBWAY SUBWAY 0014090 SUPPLIES -GENERAL 0,00 9.58 TOTAL CHECK 0.00 28.74 10100 69899 03/09/06 PENTAMAT SUNGARD PENTAMATION 00]4050 COMP MAINT-SOFTWARE 0.00 150.00 10100 69900 03/09/06 TARAZONA ANDEE TARAZON 0015350 PER DIEM -CPRS CONE 0.00 130.50 10100 69901 03/09/06 TSECDMDY THE COMDYN GROUP INC 0014070 CONSULTING SVCS -INFO S 0.00 300.00 10100 69902 03/09/06 THEWHQLE THE WHOLE ENCHILADA INC 0014090 MTG SUPPLIES.-GENERAL2 0.00 351.24 RUN DATE 03/16/06 TIME 14:08:06 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGAPD PENTAMATION INC - FCIh.0 ACCOUNTING PACE NUMBER: � DATE: 03/16/06 ('ITY OF DIAMOND CSAR AC!'TPA21 TIME; 14:08:04 CHECK REGISTER - DISBURSEMENT FUND SF.LECTI!iN CRITERIA: transac' rans_dare>'2006C303 00:00:00.0' and Lransact.ck_date>'200603C3 00-00:00.0' AC0.HJNTiNG PERIOD: 9/G6 1'UND - 00i - GENERAL FUND CASH ACCT CHECK NO ISSUE D'i- --------------VENDOR-- - - FUND/DIVISION -----i7F SCRIYTION------ SALES TA?. AMOUNT 101('10 69903 03/69:06 TRENCHPL TRENCH PLATE RENTAL CO 0015554 SUPPLIES -ROAD MAINT 0,001 120.00 10100 69904 03/09/06 TRUGREEN TRUGREEN LANDCARE 0015340 CITY WIDE MAINT-PARKS 0.00 7797.34 70100 69904 03/09'06 TRUGREEN TRUGREEN LANDCARE 1385538 CITY WIDE MAINT-DIST 3 0.00 5516.50 10100 69904 03/09/06 TRUGREEN TRUGREEN LANDCARE 1395539 CITY 'WIDE MATNT-DIST 3 0.00 10828.67 10100 69904 03/09/06 TRUGREEN TRUGREEN LANDCARE 1415541 CITY [AIDE MAINT-DIST 4 0.00 3409.34 10100 69904 03/09/06 TRUGREEN TRUGREEN LANDCAR£ 0015340 ADDL MAINT-PARKS 0.00 3960.00 0.00 31571.85 TOTAS, CHECK 10100 69905 03/09/06 UEBANENT URBAN ENTOMOLOGY ASSOCiA 1385538 GOPHER CONTPL-DIST 38 0.00 77.00 10100 69905 03/09/06 IJRBANENT URBAN ENTOMOLOGY ASSOCIA 1385538 GOPHER CONTRL-DIST 38 0.00 55.00 10100 69905 03/09/06 URBANENT URBAN ENTOMOLOGY ASSOCIA 0015333 GOPHER C'ONTRL-DBC 0.00 75.00 10100 69905 03/09'06 URBANENT URBAN ENTOMOLOGY ASSOCIA 0015340 GOPHER CONTRL-SYC CYN 0.00 55.00 10100 69905 03/09/06 URSANENT URBAN ENTOMOLOGY ASSOCIA 0015340 GOPHER CONTRL-PANTERA 0.00 75.00 0.00 335.00 TOTAL CHECK 10100 69906 03/09/06 VALLEYCR VALLEY CREST LANDSCAPE M 0015333 LANDSCAPE MAINT-DBC F 0.00 5181.00 10100 69906 03/09/06 VALLEYCR VALLEY CREST LANDSCAPE M 907.5340 LANDSCAPE MAINT-PARKS 0.00 10425.00 IOI00 69906 03/09/06 VALLEYCR VALLEY CREST LANDSCAPE M 1395539 LANDSCAPE MAINT-DIST 3 0.00 2534.00 0.00 18140.00 TOTAL CHECK 10100 69907 03;09/06 VANGUARD VANGUARD VAULTS LA INC 0014070 DATA STORAGE. SVCS -MAR 0.00 535.00 10100 69908 03/09/06 VANTAGEP VANTAGEPOINT TRANSFER AG 001 03/10/06-P/R DEDUCTION 0.00 24562.56 10100 69909 03/09/06 VERIZONC VERIZON CALIFORNIA 001.4090 PH.SVCS-GENFRAL 0.00 30.32 10100 69909 03/09/06 VERIZONC VERIZON CALIFORNIA 0015340 PH.SVC'S-MAPLE HILL 0.00 91.52 10100 69909 03/09/06 VERIZONC VERIZON CALIFORNIA 0015340 PH.SVCS REAGAN 0.00 91.52 10100 69909 03/09,'06 VERIZONC VERIZON CALIFORNIA 0015333 PH.SVCS-DBC 0.00 220.22 10100 69909 03/09/06 VERIZONC VERIZON CALIFORNIA 0014090 ELECT SVCS -DATA MODEM 0.00 28.40 10100 69909 03/09/061 VERIZONC VERIZON CALIFORNIA 0015333 PH.SVCS-DBC 0.00 90.31 10100 69909 03/09/06 VERIZONC VERIZON CALIFORNIA 0015333 PH.SVCS-DBC 0.00 59.92 10100 459909 03/09/06 VERIZONC VERIZON CALIFORNIA 0015340 PH.SVCS-HER1'TAGE PK 0.00 205.23 10100 69909 03/09/06 VERIZONC VERIZON CALIFORNIA 0015340 PH.SVCS-PANTERA PK 0.00 90.06 0.00 907.50 TOTAL CHECK 10100 69910 03/09/06 VSVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS -DIST 38 0.00 623.66 10100 69910 03/09/06 WVWATER WALNUT VALLEY WATER DIST 1385538 WATER SVCS -DIST 38 0.00 9258.25 10100 69910 03/09/06 WVWATER WALNUT VALLEY WATER DIST 1415541 WATER SVCS -DIST 41 0.06 4606.62 10100 69910 03/05/06 WV69ATER WALNUT VALLEY WATER DIST 1395539 WATER SVCS -DIST 39 0.00 2085.65 10100 69910 03/09/06 wvaATER WALNUT VALLEY WATER DIST 0015340 WATER SVCS PARKS 0.00 5599.09 TOTAL CHECK 0.00 22173.27 10100 69911 03/09/06 WVWATER WALNUT VALLEY WATER DIST 0014440 ELECT SVCS-EASTGATE CO 0.00 35.21 10100 69912 03/09/06 SIECKEWA WARREN STECKE 2505510 TRAFFIC SVCS-GRAND/CLE 0.00 2275.00 10100 69912 03/09/06 SIECKEWA WARREN SIECKE 2505510 TRAFFIC .SVCS-GRAND/D/B 0.00 2275.00 RUN DATE 03/16/06 TIME 14:08:06 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNG'ARD PENTAMATION INC - FUND ACCOUNTING DATR: 03/16/06 CITY OF DIAMOND BAR TIME: 14:08:04 CHECK REGIS'T'ER - DISBURSEMENT FUND SELECTION CRITERIA: transacc.trans-date>'20060303 00:00:00.0` and transact.ck_r1aLc>'20060303 00:00:00.0' ACCOUNTING PERIOD: 9/06 rUND - Ob! - GENERAL FUNF AMOUNT TRAFFIC SVCS-GRAND/CLE 0.00 CASH ACCT CHECK NO ISSUE DT ------------ -- VENDOR --- FUND/DIVISTGN 10100 325.00 69912 03/09/06 SIECKEWA WARREN SIECKE 2505510 10100 SUPPLTES-PARKS 69912 03/09/06 SIECKEWA WARREN SIFCKE 2505510 10100 0.00 69912 03/09/06 SIECKEWA WARREN SIECKE 2505510 10100 698.49 69912 03/09/06 SIF,CKEWA WARREN SIECKE 2505510 TOTAL CHECK 0.00 4630.50 TREE WATERING -JAN 06 0-00 900.00 10100 0.00 69913 03/09/06 WAXIESAN WAXIE SANITARY SUPPLY 0015340 10100 61129.00 69913 03/09/06 WAXIESAN WAXIE SANITARY SUPPLY 0015333 10100 SUPPLIES -ROAD MAINT 69913 03/09/06 WAXIESAN WAXIE SANTTARY SUPPLY 0015333 10100 0.00 69913 03/09/06 WAXIESAN WAXIE SANITARY SUPPLY 0015333 TOTAL CHECK UNIFORM SVCS -PUB WKS 0.00 12.99 UNIFORM SVCS -PARKS 0.00 10100 UNIFORM SVCS -PUB WKS 69914 03/09/06 WESTCOAS WEST COAST ARRORISTS INC 0015558 10100 0.00 69914 03/09/06 WESTCOAS WEST COAST ARBORISTS INC 0015558 10100 135.00 69914 03/09/06 WESTCOAS WEST COAST ARBORISTS INC 0015558 10100 ADMIN FEE EN 05-488 69914 03/09/06 WESTCOAS WEST COAST ARBORISTS INC D015558 10100 0.00 69914 03/09/06 WESTCOAS WEST COAST ARRORISTS INC 0015558 10100 150.00 69914 03/09/06 WESTCOAS WEST COAST ARBORISTS INC 0015558 TOTAL CHECK 10100 69915 03/09/06 WCMEDIA WEST COAST MP:UTA 0014095 10100 69916 03/09/06 WESTSARA SARA WEST 0015350 10100 69917 03/09/06 WHITECAP WHITE CAP INDUSTRIES, IN 0015554 30100 69918 03/09/06 XAVIERS XAVIERS FLORIST 0015310 10100 69919 03/16/06 ALKHATIB LINA ALKHATIP, 001 101OO 69920 03/16/06 ALPIANTH ANTHONY ALPI 001 10100 69921 03/16/06 ARAMARK ARAMARK WORK APPAREL & U 0015310 10300 69921 03/16/06 ARA14ARK ARAMARK WOPK APPAREL & U 0015554 10100 69921 03/16/06 ARAMARK ARAMARK WORK APPAREL & U 0015310 10100 69921 03/16/06 ARAMARK ARAMARK WORK APPAREL & U 0015554 TOTAL CHECK 10100 69922 03/16/06 ARROYOGE ARROYO GEOTECHNICAL CORP 001 1.01.00 69922 03/16/06 ARROYOGE ARROYO GEOTECHNICAL CORP 001 :0100 69922 03!16/06 ARROYOGE ARROYO GEOTECHNICAI, CORP 001 10100 69922 03/16/06 ARROYOGE ARROYO GEOTECHNTCAL CORP 001 10100 69922 03/16/06 ARROYOGE ARROYO GEOTECTINICAL CORP 001 70100 69922 03/16/06 ARROYOGE ARROYO GEOTECHNICAL CORP 001 10100 69922 03/16/06 ARROYOGE ARROYO GEOTECHNICAL CORP 0015551 10100 69922 03/16/06 ARROYOGE ARROYO GEOTECHNICAL CORP 001 10100 69922 03/16/06 ARROYOGE ARROYO GEOTECHNICAL CORP 0015551 10100 69922 03/16/06 ARROYOGE ARROYO GEOTECHNICAL CORP 001 rAGE NUMBER: 8 ACCTPA21 -----DESCRIPTION S+L E'? TAX AMOUNT TRAFFIC SVCS-GRAND/CLE 0.00 1625.00 'PRAFFIC SVCS-GRAND/D%R 0.00 1625.0.0 TRAFFIC SVCS-GRAND/CLE 0.00 325.00 TRAFFIC SVCS-GRAND/D;B 0-00 325.00 0.00 8450.00 SUPPLTES-PARKS 0.00 395.18 SUPPLIES -DBC 0.00 240.51 SUPPLIES -DBC 0.00 45.49 SUPPLIES -DBC 0.00 17.31 0.00 698.49 TREE MAINT-SAN 06 0.00 49901.00 TREE WATERING -JAN 06 0.00 600.00 TREE MAINT-JAN 06 0.00 4630.50 TREE WATERING -JAN 06 0-00 900.00 TREE MAINT-FEB 06 0.00 4497.50 TREE WATERING -FEB 06 0.00 600.00 0.00 61129.00 AD -EASTER EGG HUNT M 0.00 475.00 PER DIEM -CPRS CONE 0.00 130.50 SUPPLIES -ROAD MAINT 0.00 207.92 SUPPLIES -TRAIL HD OPNG 0.00 75.78 RECREATION REFUND 0.00 110.00 REFUND - EN 04-423 0.00 191.00 UNIFORM SVCS -PARKS 0.00 13.76 UNIFORM SVCS -PUB WKS 0.00 12.99 UNIFORM SVCS -PARKS 0.00 13.76 UNIFORM SVCS -PUB WKS 0.00 12.99 0.00 53.50 ADMIN FEE IN 06-505 0.00 216.00 ADMIN FEE EN 06-505 0.00 -216.00 ADMIN FEE EN 06-507 0.00 135.00 ADMIN FEE EN 06-507 0.00 -135.00 ADMIN FEE EN 05-488 0.00 54.00 ADMIN FEE EN 05-488 0.00 -54.00 PROF SVCS - PLAN CK 0-00 400.00 PROF SVCS - EN 05-487 0.00 300.00 PROF SVCS - ENG SVCS 0.00 2570.00 PROF SVCS - EN 05-499 0.00 150.00 RUN DATE 03;16/06 TIME 14:08:06 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGA'D PENTAMA; LOfJ T`VC - FUND ACCOUNTING PAGE NUMBER. 9 DATE: 03/16/06 CITY OF DIAMINE BrR ACCTPA.:'1 TIME: 14:08:04 CHECK REGISTER - DIF�FURSFMFNTFUND SELECTION CRITETT!° t-ansact.trans_date>'2 O6C3 3 OO:Ofc00.0' and trarsact_ck_date>'20060303 00:00:00._' ACCOUNTING PERIOD_ 9'06 YUZNU - Utt1 - ':..EEEKAL FUND CASH ACCT CHECK NO ISSUE DT --------- --- '.'ENDOR------------- FUND!Ui'1STON -----DESCRIPTION-- --- SALES TAX AM:UNT 10100 69922 03/16/06 ARROYOGE A.RROY:- GEOTECHNICAL CORP 001 PROF SVCS - EN 05 488 0.00 300.00 10100 69922 03/16/06 ARROYOGE ARROY,_, GEOTECHNICAL CORP 001 PROF SVCS - EN 06-504 0.00 600.00 10100 69922 03/16/06 ARROYOGE ARROY;;: GEOTECHNICAL CORP 001 PROF SVCS - EN 06-505 0.00 1200.00 10100 69922 03/16/06 ARROYOGE ARROY,- GEOTECHNICAL CORP OD PROF SVCS - EN 06-1307 0.00 750.00 101OO 69922 03/16/06 ARROYOGE ARROYO GEOTECHNICAL CORP O01 PROF SVCS - EN 06-509 0.00 450.00 TOTAL CHECK 0.00 6721!510 10100 69923 03/16/06 AWARDSBY AWARDS. BY CATHEY 001535L SUPPLIES - COMM SVCS 0.00 35 SO 10100 69524 03/16/06 BEARSTAT BEAR STATE AIR CONDITION 0015333 A/C MAINT - DEC 0.00 160.00 10100 69925 03/16/06 BENESYST RENESYST 0014060 FLEX ADMIN SVC - 03/ 0 0.00 85.00 10100 69926 03/16/06 CANNINGH CANNING HUNGER INC 001 REFUND EN OS -489 0.00 1000.60 10100 69928 03/16/06 CATABALL CATALTNA BALLAST BULB CO 0015333 SUPPLIES - DEC 0.00 86.43 10100 69929 03/16/06 CENTENNI CENTENNIAL. HERITAGE MUSE 0015350: DAY CAMP EXCUR DEP 0-00 300.00 10100 69930 03116/06 CLIMBXIN CLIMBX INDOOR ROCK CLIMB 0015350 DAY CAMP EXCUR 06/20 0.00 50.00 10100 6993? 03/16/06 CRAFCOIN CRAFCO INC 0015554 ROAD MAINT - SUPPLIES 0.00 161.82 10100 69932 03/16/06 DENNISCA CAROL DENNIS 0014030 PROF SVCS-CC/SS MTG 0.00 225.00 10100 69933 03/16/06 DBMOBIL DIAMOND BAR MOBIL 0015310 FUEL -COMM SVCS 0.00 265.50 10100 69934 03/16/06 DEWANLUN DMS CONSULTANTS 2505510 CONST ADM -GRAND AVE 0.00 9015.00 10100 69935 03/16/06 FEDERAL FEDERAL EXPRESS 0014090 EXPRESS MAIL -GENERAL 0.00 112.94 10100 69916 03/16/06 FOOTBUIL FOOTHILL BUILDING MATERI 0014440 SUPPLIES - EMER PREP 0.00 453.58 16100 69936 03/16/06 FOOTBUIL FOOTHILL BUILDING MATERS 0014440 SUPPLIES - EMER PREP 0.00 171.79 TOTAL CHECK 0.00 625.37 10100 69937 03/16/06 GRANDMOB GRAND MOBIL 0015310 MAINT - CS TRUCK 0.00 86.55 10100 69938 03/16/06 GRAYBAR GRAYBAR 0015333 SUPPLIES -DBC BALLROOM 0.00 290.26 10100 69939 03/16/06 HALLFORE HALL & FOREMAN, INC. 0015510 PROF SVCS -INSPECTIONS 0.00 600.00 10100 69939 03/16/06 HALLFORE HALL & FOREMAN, INC. 0015510 PROF SVCS-TNSPECTTONS 0.00 3800.00 10100 69939 03/16/06 HALLFORE HALL & FOREMAN, INC. 0015551 PROF SVCS -PLAN CK 0.00 6500.00 10100 69939 03/16/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE EN 05-494 0.00 150-00 10100 69939 03/16/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE EN 05-494 0.00 -150.00 10100 69939 03/16/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE EN 05-479 0.00 150.00 10100 69939 03/16/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE EN 05-479 0.00 -150.00 10100 69939 03/16/06 HALLFORE HALL & FOREMAN. INC. 001 ADMIN FEE EN 05-485 0.00 131.25 10100 69939 03/16/06 HALLFORE HALL & FOREMAN, INC. 001 ADMIN FEE EN 05-485 0.00 -131.25 RUN DATE 03/16/06 TIME 14:08:07 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNCARD PEI. PAF•'..; -.T' ION INC FUND ACCOUN -TNS DATE: C3/1!.. .0i CITY OF DTi-.`^.OND BAR TIME: 14:0::01' CHECK REGIS'T'ER - I.SBURSEMENT FUND SELECTION �-A TRIA: transact.tranS_da7c> 20060303 00:00:00.0' and I,arsact.ck date>'20040303 0:00:00.0' ACCOUNTTNG PEFIOD: 9/06 PAGE :LJMBLR: 10 ACCT[ -----DESC TT''TION------ FUND 0(. i - GENERAL FUNLu 0.00 1711.79 PROF SVCS - PLAN CK CASH ACCT IHEC{ NO ISSUE DT ------- -------VENDOR------ 60,:x.00 ':L-l1ND/DIVISION 10106 130.53 6J939 03/16/06 HALLFOR-. HALL & FOREMAN, INC. 015510 10100 69939 03/16/06 HALLFORE HALL & FOREMAN, INC. ;015551 10100 0.00 69939 03/16/06 HALLFORE HALL & FOREMAN, INC. 7ol 10100 648.90 69939 03/16/06 HALLFORE HALL & FOREMAN, INC_ 7015510 10106 ELEC MAINT - PKS 69939 03/16/06 HALLFORL HALL & FOREMAN, INC. '?01 10100 0.00 69939 03/16/06 HALLKORF HALL & FOREMAN, INC_ J01 TOTAL CHECP ELEC SVCS - 'TRCNTRL 0.00 42.30 ELEC SVCS - TRCNTRL 4-00 10100 ELEC SVCS TRCNTRL 03940 03/16/96 IVHS INLAND VALLEY HUMANE SOC )0.14431 10100 0.00 69941 03/16/06 INTEROT INTERNATIONAL PROTECTIVE 0014411 10100 84.00 69942 03/16/06 KENSHARD KENS HARDWARE Ii0]5333 10100 69942 03/16/06 KENST;ARl KENS HARDWARE 0015340 10100 0.00 69942 03/16/06 KENSHARD KENS HARDWARE 0015350 TOTAL CHECE SUPPLIES-PHOTO/PLANS 0.00 715.00 EQUIP - IS 0.00 10100 SUP -STAFF RECOGN 69943 03/16/06 KIRSTFI KIRK STEINKE ELECTRIC 0015340 10100 69944 03/16/06 KIWANIS KIWANIS/SHERIFF BOOSTER 0114010 10100 69945 03/16/06 SHREDIT SHRED IT LOS ANGELES 0014030 10100 69946 03/16/06 SMAR'_'FIN SMART & FINAL 0015350 10100 69947 03/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 69947 03/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 69947 03/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 69947 03/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 10100 69947 03/16/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 TOTAL CHECK 10100 69948 03/16/06 TRAFF'iCC TRAFFIC CONTROL SERVICE 0015554 10100 69949 03/16/06 USHEALTH US HEALTHWORKS MEDICAL G 0014060 10100 69950 03/16/06 VERIZONC VERIZON CALIFORNIA 0014090 10100 69950 03/16/06 VERI'LONx' VF.RIZON CALIFORNIA 0014090 TOTAL CHECK 10100 69951 03/16/06 GRAINGER W.W. GRAINGER INC. 0015340 10100 69951 03/16/06 GRAINGER W.W, GRAINGER INC. 0015340 TOTAL CHECK 10100 69952 03/16/06 WELLSFAR WELLS FARGO DANK 0014050 10100 69952 03/16/06 WELLSFAR WELLS FARGO BANK 0014070 10100 69952 03/16/06 WELLSFAR WELLS FARGO BANK 0014070 10100 69952 03/16/06 WELLSFAR WELLS FARGO BANK 0014090 PAGE :LJMBLR: 10 ACCT[ -----DESC TT''TION------ SALES TAX AMOUNT PROF SVCS - INSPECTTON 0.00 1711.79 PROF SVCS - PLAN CK 0.00 243.67 PROF SVCS - EN 05-479 0.00 60,:x.00 PROF SVCS - -NSPECTION 0.00 130.53 PROF SVCS - IN 05-494 0.00 600.00 PROF SVCS - EN 05-485 0.00 525.00 0.00 14710.99 ANIMAL CONTROL- 03/06 0.00 6871.92 CROSSING C;UARD SWS-FE 0.00 9284.22 MAINTENANCE SUPPLIES F 0.00 238.42 MAINTENANCE SUPPLIES F 0.00 648.90 MAINTENANCE SUPPLIES F 0.00 8.16 0.00 895.48 ELEC MAINT - PKS 0.00 764.00 GOLF/TEE SPONSOR 0.00 125.00 DISPOSAL 0.00 90.00 SUPPLIES - TTNY TOT 0.00 18.26 ELEC SVCS - TRCNTRL 0.00 61.06 ELEC SVCS - 'TRCNTRL 0.00 42.30 ELEC SVCS - TRCNTRL 4-00 36.81 ELEC SVCS TRCNTRL 0.00 36.81 ELEC SVCS - TRCNTRL 0.00 43.04 0.00 220,02 PAINT AND TRAFFIC SIGN 0.00 546.41 PRE-EMPLOYMENT PHYSICA 0.00 84.00 PH SVCS -GENERAL. 0.00 108.25 PH SVCS -GENERAL 0.00 572-90 0.00 681.15 MAINT- PANTERA PARK 0,00 19.39 SUPPLIES - PANTEFL. PAR 0.00 22.02 0.00 41.41 GFOA CONE PUi.L/KAGNUSO 0.00 903.78 SUPPLIES-PHOTO/PLANS 0.00 715.00 EQUIP - IS 0.00 465.46 SUP -STAFF RECOGN 0.00 9.70 RUN DATE 03/16/06 TIME 14:08:07 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGAP,D PENTAMATiON INC - FUNF ACCOUNTING PAGF. NUMBER:11 � DATE: 03/]b/06 CITY OF DIAMOND BAR ACCTPA21 TIME: 14:08:04 CHECK REGISTER - DISBURSEMENT FUND SF.LECI'ION CRITERIA: transact. trans_daLe>'100603-3 00:00:00.0' and transact.. ck_date>'20060303 OC:00:•_ .0' ACCOUNTING PERIOD: 9/06 FUND - 001 - GENERAL FUND SALES TAX AMOUNT CASH ACCT CHECK NO ISSUE LIT ------ --------- --- FUND/DIVISION 10100 69952 03/1606 WELLSFAR WELLS FARGO BANK 0014095 10100 69952 03/16/06 WELI.,SFAR WELLS FARGO BANK 0014095 10100 69952 03/16/06 WELLSFAR WELLS FARGO BANK 0015310 10100 69952 03/16/06 WELLSFAR WELLS FARGO BANK 0015350 10100 69952 03/16/06 WELLSFAR WELLS FARGO BANK 0015350 10100 69952 03/16/06 WELLSFAR WELLS FARGO BANK 0015350 10.100 69952 03/16/06 WELLSFAR WELLS FARGO BANK 0015510 10100 69952 03/16/06 WELLSFAR WELLS FARGO BANK 1185098 TOTAL CHECK PAYROLL TRANSFER - PP5 0.00 823.84 10100 69953 03/16/06 WORLDWID WORLDWIDE BINGO SUPPLIER 0015350 10100 06700017 03/08/06 PAYROLL PAYROLL TRANSFER 001 10100 06700017 03/08./06 PAYROLL PAYROLL TRANSFER 112 10100 06700017 03/08/06 PAYROLL PAYROLL TRANSFER 115 10100 06700017 03/08/06 PAYROLL PAYROLL TRANSFER 118 10100 06700017 03/08/06 PAYROLL PAYROLL TRANSFER 125 10100 06700017 03/08/06 PAYROLL PAYROLL TRANSFER 138 7.0100 06700017 03/08/06 PAYROLL PAYROLL TRANSFER 139 10100 06700017 03/08/06 PAYROLL PAYROLL TRANSFER 141 TOTAL CHECK TOTAL CASH ACCOUNT IOTA] FUND TOTAL REPORT -----DESCRIPTION------ SALES TAX AMOUNT SUPPLIES -PUBLIC LNFO 0.00 16.50 SUPPLIES -SPRING REC GU 0.00 260.00 MTG-CPRS CONFERENCE 0.00 1022.00 SUPPLIES -SR VALFNTINE' 0.00 64.26 SUPPLIES--SYC RIPT50N CU 0-00 58.83 MTG SUPPLSES - REC 0.00 19.74 PUB WKS TRAINING 0.00 795.06 TRAINING -IS -GIS 0.00 990.00 0.00 5320.21 SENIOR BTNGO. SUPPLIES U-00 260.11 PAYROLL TRANSFER - PP5 0.00 108052.95 PAYROLL TRANSFER - PP5 0.00 4191.24 PAYROLL TRANSFER - PPS 0.00 1935.17 PAYROLL TRANSFER - PP5 0.00 826.90 PAYROLL TRANSFER - PP5 0.00 823.84 PAYROLL TRANSFER - PPS 0.00 11.35.04 PAYROLL TRANSFER - PPS 0.00 1135.08 PAYROLL TRANSFER - PP5 0.00 1135.02 0.00 119235.24 0.00 666591.38 0.00 666591.38 0.00 666591.38 RUN DA'T'E 03/16/06 TIME 14:08:07 SUNGARD PENTAMATION INC - FUND ACCOUNTING Agenda # 6.4.1 Meeting Date: March 21, 2006 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of Claim — Filed by Sid Sarnobat on January 9, 2006. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Sid Sarnobat. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for approximately $195.70. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On January 9, 2006, Sid Sarnobat filed a Claim for Damages with the City alleging that on January 2, 2006, while driving on Grand Ave. in the City of Diamond Bar he hit a hole in the road thereby causing damage to his right front tire. Carl Warren & Co., the City's claims administrator, determined that the claim appears to be one of questionable liability and has recommended denial. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Gribbin , City Clerk REVIEWED BY: Asst. dity4a,6aof February 23, 2006 RECEIVED MAR -1100 TO: The City of Diamond Bar ATTENTION: Tommye Cnibbins, Executive Assistant RE: Claim Samobat v. The City of Diamond Bar Claimant Sid Sarnobat D/Event 1/2/06 Our File 1399629 We have reviewed the above captioned claim and request that you take the action indicated below: • CLAIM REJECTION: Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions, please contact the undersigned. Very truly yours, CARL WARREN & COMPANY 490K� Chris Kustra Claims Specialist cc: CJPIA, Attn: Executive Director CARL WARREN & COO An Empfoyee-Owned Company CLAIMS MANAGEMENT - CLAIMS ADJUSTERS 770 Placentia Avenue, Placentia, CA 92870-6832 Mail: P.O. Box 25180, Santa Ana, CA 92799-5180 Phone: (714)572-5200 • (800)572-6900 • Fax: (714)961-8131 CITY COUNCIL TO. Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6 . 4 . 2 Meeting Date: March 21, 2006 AGENDA REPORT TITLE: Rejection of Claim — Filed by Enrique De La Rosa on February 15, 2006. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Enrique De La Rosa. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage has not been determined. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On February 15, 2006, Enrique De La Rosa filed a Claim for Damages with the City alleging that on February 14, 2006, while driving on Kiowa Crest Dr. in the City of Diamond Bar his son hit a water utility plate that flipped up causing damage to his vehicle. Carl Warren & Co., the City's claims administrator, determined that the claim appears to be one of questionable liability and has recommended denial. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, City Clerk REVIEWED BY: Asst. ity an er TO: The City of Diamond Bar ATTENTION: Lynda Burgess, City Clerk RE: Claim Claimant D/Event Rec'd Y/Office Our File March 1, 2006 RECE1yEp ty48 _ 2 2006 De La Rosa vs. The City of Diamond Bar Enrique De La Rosa 2/14/2006 2/15/2006 S-1419334-CKQ We have received and reviewed the above claim and request that you take the action indicated below: CLAIM REJECTION. Send a standard rejection letter to the claimant. Please provide us with a copy of the notice sent, as requested above. If you have any questions please contact the undersigned. Very truly yours, CARL WARREN & COMPAN Rich D. Marque cc: CJPIA w/enc. Attn.- Executive Director CARL WARREN & CO. CLAIMS MANAGEMENT CLAIMS ADJUSTERS 750 The City Drive • Ste 400 -Orange, CA 92868 Mail: P.O. Sox 25180 - Santa Ann, Ca 92799-5180 Phone: (714) 740-7999 Ext 140 - (800) 572-6900 - Fax: (714) 740-9412 Agenda # 6.5 Meeting Date: March 21 2006 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR URGING CONGRESS TO PROTECT THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM IN THE FISCAL YEAR 2007 FEDERAL BUDGET RECOMMENDATIONS: It is recommended the Council approve the resolution and accompanying letter. FISCAL IMPACT: There is no fiscal impact of this action on the City of Diamond Bar. In the current fiscal year, the City is scheduled to receive $371,372 in CDBG funds. However, should federal CDBG funds be cut by approximately 25% in FY 2007 as proposed, the City faces a loss of $92,843. BACKGROUND 1 DISCUSSION: For over thirty years, the federal Community Development Block Grant Program has allocated funds to urban and rural cities throughout the country to be used for various community and economic development programs. CDBG funds are generally used to create jobs, provide affordable housing, eliminate blight, improve public infrastructure, and improve neighborhoods. The City of Diamond Bar has used CDBG funds to finance the Home Improvement Program, complete ADA retrofit projects, and construct the Diamond Bar Center. CDBG funds have also augmented the budgets of local non- profit organizations that offer social services to the youth and senior populations in Diamond Bar. In the president's proposed fiscal year 2007 budget, CDBG funding has been cut by $1 billion. With this sizable reduction, funding would be at its lowest levels since 1990. If the President's proposal is implemented, it would be a devastating blow to the well being of communities and their residents, as well as local economies. The attached resolution and letter urge our representatives to protect CDBG programs from cuts and to ensure they are fully funded in future years. Prepared by: Lt, to ku(_ jam_ Rya cLean, Senior Management Analyst Reviewed By: Dave Doyle, Assistant t Manager Attachments 1. Resolution 2006 -XX, Urging Congress to Protect the Community Development Block Grant (CDBG) Program in the Fiscal Year 2007 Federal Budget. 2. A Letter to Congressman Gary Miller Urging Him to Oppose the President's Budget Proposal Which Cuts CDBG Funding by $1 Billion. RESOLUTION NO. 2006 -XX A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR URGING CONGRESS TO PROTECT THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM IN THE FISCAL YEAR 2007 FEDERAL BUDGET WHEREAS, for over thirty years, the federal Community Development Block Grant (CDBG) program have been used by urban and rural American cities to provide positive community and economic development programs; and WHEREAS, CDBG funds have played a critical role in the community and economic development in Diamond Bar; and WHEREAS, the CDBG program has benefited the Diamond Bar community by funding the Home Improvement Program, public structure ADA retrofit projects, infrastructure improvements, and youth and senior social programs; and WHEREAS, the President has proposed a Fiscal Year 2007 Federal Budget that includes $1 billion in cuts to the CDBG program, which would bring CDBG funding to its lowest level since 1990; and WHEREAS, the proposed cuts would drastically reduce the funding pool available to cities across America. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar urges Congress to oppose the President's proposed Fiscal Year 2007 Federal Budget that includes $1 billion in cuts to the CDBG program. RESOLVED FURTHER, that Congress maintain the CDBG program and ensure that it is fully funded in the Fiscal Year 2007 Federal Budget. SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State officials to urge Congress to protect the CDBG program in the Fiscal Year 2007 Federal Budget by opposing the President's proposal. SECTION 3 That certified copies of the resolution be circulated to the following: Senator Barbara Boxer Senator Dianne Feinstein Congressman Gary Miller Assemblyman Bob Huff Genevieve Morelos, League of California Cities PASSED, APPROVED AND ADOPTED THIS 21St DAY OF MARCH 2006. Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on 21 st day of March, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar The Honorable Gary Miller 1037 Longworth House Office Building Washington D.C., 20515 Dear Congressman Miller: On behalf of the City of Diamond Bar, I would like to express our serious concern about the future of the Community Development Block Grant (CDBG) program. In President Bush's proposed budget, CDBG funding has been cut by $1 billion, putting it at its lowest levels since 1990. The proposal also includes a consolidation of the CDBG program. The CDGB program provides the state of California with $474 million dollars in 2008 alone, supplying local agencies with the funds needed to provide essential programs to residents. These innovative and essential programs range from affordable housing and economic revitalization programs to community development and youth enrichment opportunities and rely upon CDBG funds every year. Should the President's proposal be enacted, these vital programs that serve families and communities in Diamond Bar and throughout California will almost certainly be lost or severely cut. With state and federal budget cuts a concern for all local agencies, the need to maintain CDGB funding has never been greater. As property values rise, the need for CDBG-related affordable housing programs becomes increasingly important. To lose this vital source of funding would be devastating neighborhoods everywhere. We urge you to oppose the President's proposal and fight to keep CDGB funds fully funded in the future. Thank you for your consideration of this urgent matter. We look forward to working with you to preserve CDBG funding for years to come. Sincerely, Carol Herrera Mayor CC: Senator Barbara Boxer Senator Dianne Feinstein Assemblyman Bob Huff Genevieve Morelos, League of California Cities City Council Linda Lowry, City Manager Dave Doyle, Assistant City Manager CITY COUNCIL Agenda # b _ r, Meeting Date: March 21 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING LOS ANGELES MAYOR ANTONIO VILLARAIGOSA'S REQUEST FOR FUNDING FOR AN EXTENSION OF THE RED LINE SUBWAY RECOMMENDATIONS: It is recommended the Council approve the attached resolution and accompanying letter. FISCAL IMPACT: There is no fiscal impact of this action on the City of Diamond Bar. However, should this proposal be included in a transportation bond, it would divert funds from regional transportation projects that could benefit Diamond Bar, including a future 57/60 Interchange Final Fix project. BACKGROUND / DISCUSSION: Los Angeles Mayor Antonio Villaraigosa and the City of Beverly Hills have indicated their intention to request funds to extend the Red Line subway line as part of any transportation bond that is presented to the voters of California. This project is estimated to cost a minimum of $5 billion, and would primarily benefit the cities of Los Angeles and Beverly Hills. The extension would most likely provide little relief to the congested highways and roads of greater Los Angeles County. As Southern California faces a transportation crisis, regional solutions must be a priority. By draining a very significant amount of funds that would otherwise be used regionally, Mayor Villaraigosa's proposal would severely impact the availability of funds needed to implement and complete other major regional transportation projects. The attached resolution and letter state the City of Diamond Bar's opposition to the Mayor's proposal, and if approved by Council, will be sent to Mayor Villaraigosa, Governor Schwarzenegger, Supervisor Antonovich, the City of Beverly Hills, and the San Gabriel Valley Council of Governments. Prepared by: t Ryan tAcLean, Senior Management Analyst Reviewed By: Dave Doyle, Assistan C' Manager Attachments 1. A Resolution of the City Council of the City of Diamond Bar Opposing Los Angeles Mayor Antonio Villaraigosa's Request For Funding For an Extension of the Red Line Subway. 2. A Letter to Los Angeles Mayor Antonio Villaraigosa opposing his request for funds as part of any transportation bond that appears before the voters of California. A copy will be forwarded to Governor Schwarzenegger, Assemblyman Huff, Supervisor Antonovich, the City of Beverly Hills, and the San Gabriel Valley Council of Governments. RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING LOS ANGELES MAYOR ANTONIO VILLARAIGOSA'S REQUEST FOR FUNDING FOR AN EXTENSION OF THE RED LINE SUBWAY WHEREAS, Antonio Villaraigosa, Mayor of the City of Los Angeles, has indicated he plans to request funding for an extension of the Red Line subway in any infrastructure bond proposal that appears before the voters of California; and WHEREAS, the City of Beverly Hills has also indicated an interest in earmarking funds for a Red Line Subway extension; and WHEREAS, such a project would drain at least $5 billion in local, state, and federal resources that were to be used for Southern California's regional transportation system; and WHEREAS, the San Gabriel Valley is home to over two million residents and is in dire need transportation infrastructure improvements; and WHEREAS, a Red Line extension project that raids regional transportation dollars to aid a select few will only contribute to greater regional traffic problems for years to come. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar OPPOSES Los Angeles Mayor Antonio Villaraigosa's and the City of Beverly Hills' proposal to request funding for an extension of the Red Line subway in any infrastructure bond proposal that appears before the voters of California. SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City Clerk shall certify to the adoption. SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State officials to OPPOSE the Mayor Villaraigosa's and the City of Beverly Hills' plans to request funds for an extension of the Red Line subway in any infrastructure bond proposal that appears before the voters of California. SECTION 3 That certified copies of the resolution be circulated to the following: Governor Arnold Schwarzenegger Mayor Antonio Villaraigosa, MTA Chairman City of Beverly Hills Michael Antonovich, Los Angeles County Board of Supervisors Assemblyman Bob Huff San Gabriel Valley Council of Governments PASSED, APPROVED AND ADOPTED THIS 21St DAY OF MARCH 2006. Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on 21 st day of March, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye Cribbins, City Clerk City of Diamond Bar Mayor Antonio Villaraigosa Los Angeles City Hall 200 North Spring Street, Room 303 Los Angeles, CA 90012 Dear Mayor Villaraigosa: Like you, the City of Diamond Bar is very concerned about the transportation crisis that faces the entire Southern California region. To ensure that future generations of Southern Californians are not burdened with unmanageable traffic problems, we must pursue solutions that have regional impacts. With this in mind, the City of Diamond Bar is opposed to the inclusion of a Red Line Subway extension as part of a state transportation bond that comes before California voters. This project will not have the kind of regional impacts needed to warrant the minimum $5 billion dollar cost. Such a significant amount of money would be better used to fund regionally important road and highway improvements that benefit all Southern Californians. Should you have any questions, please contact me at 909-839-7010. Respectfully, Carol Herrera Mayor CC: Governor Schwarzenegger Assemblyman Bob Huff Supervisor Michael Antonovich City of Beverly Hills San Gabriel Valley Council of Governments CITY COUNCIL Agenda # 6.7 Meeting Date: March 21, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVAL OF LICENSE AGREEMENTS WITH NEW CINGULAR WIRELESS, PCS, LLC, NEXTEL COMMUNICATIONS, T -MOBILE, USA, AND LOS ANGELES SMSA PARNERSHIP DSA VERIZON WIRELESS TO CO -DEVELOP TWO WIRELESS COMMUNICATIONS SITES AT SUMMITRIDGE PARK RECOMMENDATIONS: It is recommended the Council approve the contracts for signature between the parties. FISCAL IMPACT: The City of Diamond Bar will receive $2,000 per month from each of the four wireless companies, totaling $96,000 in revenue per year. BACKGROUND 1 DISCUSSION: Last year, the City was approached by representatives from Cingular, Nextel, T -Mobile, and Verizon to place wireless communications sites at Summitridge Park. The area surrounding the park, on the City's eastern border, is known to have very limited cellular telephone coverage. By installing cell sites at this location, coverage for residents living in this area would be greatly improved. The companies have proposed the placement of two broadleaf monotree style communication towers on the eastern slope of Summitridge Park. Each broadleaf monotree will house two wireless carriers. The site would also include two small buildings to store necessary electronic equipment. Attached for Council reference are illustrations of the broadleaf monotrees and the design of the small buildings. Verizon and Cingular have jointly submitted a Conditional Use Permit application and staff is in the process of reviewing it. Staff expects T -Mobile and Nextel will jointly submit the Conditional Use Permit application soon. The two applications will be forwarded to the Planning Commission for review once the license agreements are signed by the wireless carriers. To commence the first steps of the process, a license agreement between the companies and the City must be approved by the Council. After months of negotiation with each wireless company, City Staff and City Attorney Jenkins were able to draft four agreements that have since been approved by each company and the City Attorney. The contracts stipulate that the companies must agree to co- develop each site and share in the costs to construct the tower and install equipment. T -Mobile and Nextel have agreed to co -develop one pole while Cingular and Verizon will co -develop the other. The City will not be involved in the creation of the cost -share agreements between the companies. Each company will pay a monthly license fee of $2000 to the City. It should be noted that each of the four documents included for approval here have slight differences. Each company's legal department has different preferences in terminology and language that were deemed to be acceptable by the City's counsel. The general terms and provisions of the contracts remain standard for each. Upon approval by the Council, the agreements will be forwarded to the appropriate City and company representatives for signature. The next step in the process will be the presentation of plans and Conditional Use Permit applications to the Planning Commission for review. Prepared by: Ryan , cLean, Senior Management Analyst Attachments Reviewed By: 'i Dave Doyle, Assistant City Manager 1. License Agreement between the City of Diamond Bar and New Cingular Wireless, PCS, LLC 2. License Agreement between the City of Diamond Bar and Nextel Communications, Inc. 3. License Agreement between the City of Diamond Bar and T -Mobile, USA. 4. License Agreement between the City of Diamond Bar and Los Angeles SMSA Partnership, doing business as Verizon Wireless 5. Illustrations of broadleaf monotrees and small building for housing equipment Ulflyulcif WIRELESS LOCATION DIAMoNo BAR COMMUNITY CENTER PpoposEo - LOOKING S13UTH FROM ADJACENT PARK Jlk I I 1� u 1 0 1 WIRELESS LOCATION lovuuts I DIAMONo BAR COMMUNITY CENTER Fx[r,-rlNf -- PROPOSED - LC30KING WEST FROM SUMMITRIDGE DRIN. I�j U 1 0 1 Y U U t:s 1 OIAM©N© CSAR COMMUNITY CENTER WIRELESS L_❑CAT] © N I=XISTING PR❑PCISEo - LOOKING NORTHWEST FR13M Si. MM[TRtDG I�J%-Al e%.A I a ---j v uu© 1 ViAM[,_iNu UAR UOMMUNITY VENTER WIRELESS LOCATION PROPOSE© - LOOKING NOR"T"H FROM PARKING LOT WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT THIS COMMUNICATIONS SITE LICENSE AGREEMENT (this "Agreement") is entered into this day of 2006,_by and between the CITY OF DIAMOND BAR, a California municipal corporation ("Licensor" or "City"), and New Cingular Wireless PCS, LLC a Delaware limited liability company ("Licensee"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. Premises. a. Licensor owns the real property located at 1425 Summitridge Drive in the City of Diamond Bar, County of Los Angeles, commonly known as Summitridge Park, which is more particularly described in Exhibit A-1 attached hereto and incorporated herein by this reference ("Land"). Subject to the following terms and conditions, Licensor grants to Licensee, along with Los Angeles SMSA Limited Partnership, dba Verizon Wireless ("Verizon"), pursuant to a separate License Agreement, the exclusive right to use approximately one thousand (1000) square feet of the Land, including applicable non-exclusive easements for site access and utilities as described and/or shown in Exhibit A-2 attached hereto and incorporated herein by this reference ("Premises"), to erect, maintain and operate mobile/wireless communication facilities. Exhibit A-2 is a conceptual description of Licensee's facilities and not intended to be a complete description of the communication facilities allowed by this Agreement. b. Licensee acknowledges that Licensor will deliver the Premises in "as is" condition, without warranty, express or implied, as to its condition or usability, except as otherwise expressly set forth in this Agreement. C. While Licensee's and Verizon's use of the Premises is exclusive, Licensee's use of the Land is non-exclusive as more particularly set forth in Section 12(c) below. 2. Use. The Premises may be used by Licensee for any lawfully permitted and licensed activity in connection with the provisions of mobile/wireless communications services, including the transmission and the reception of radio communication signals on various frequencies and the installation, construction, maintenance, and operation of related equipment, cables, accessories, improvements, and other communication facilities. Licensor agrees to cooperate with Licensee, at Licensee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Licensee's intended use of the Premises. 3. Conditions Precedent. This Agreement is conditioned upon Licensee receiving a license from the Federal Communications Commission ("FCC") and obtaining all governmental permits and approvals, including that of Licensor, enabling Licensee to construct and operate mobile/wireless communications facilities where the Premises are located. If Licensee does not receive such necessary licenses, permits and approvals, or this Agreement is terminated in accordance with Article 10 (a) (ii), this Agreement shall be null and void and of no force or effect and Licensee shall pay Licensor $1,000 for reimbursement of costs of document preparation and administration time associated with this Agreement. 4. Term. The term of this Agreement ("Term") shall be five (5) years commencing on the first day of the month following written notice to Licensor by Licensee of Licensor's intent to commence construction of its mobile/wireless communications facilities on the Premises, or six months after both parties have executed this Agreement, whichever is earlier ("Commencement Date"). Licensee shall have the right to extend the Term of this Agreement for five (5) additional terms ("Renewal Term") of five (5) years each. Each Renewal Term shall be on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive five (5) year Renewal Term unless Licensee notifies Licensor in writing of Licensee's intention not to extend this Agreement at least sixty (60) days prior to the expiration of the first five (5) year Term or any Renewal Term. 5. License Fee. a. Within fifteen 0 5) business days after the Commencement Date and on the first day of each month thereafter Licensee shall pay Licensor, as a fee for the use and occupancy of the Premises, the sum of Two Thousand and 001100 Dollars ($2000.00)(" License Fee") per month. The License Fee shall be payable on the first day of each month, in advance, to Licensor or Licensee's payee as specified in Section 16, Notices. Payment shall be prorated for the final fractional month, if any, of this Lease, or if this Agreement is terminated before the expiration of any month for which Rent should have been paid. b. Limited CPI Adjustment - The parties agree that the Rent shall be adjusted annually throughout the Term of this Agreement on each anniversary of the Effective Date (or the first day of the month in which such anniversary occurs) beginning as of the first anniversary of the Effective Date by the lesser of: (1) three percent (3 %) or (b) the percentage change in the most recent published Consumer Price Index (1982-84=100) Urban Wage Earners and Clerical Workers - Los Angeles, Anaheim, Riverside ("Index") compared to the Index published twelve (12) months earlier. If the Index is discontinued or changed so that it is impossible to obtain a continuous measurement of price changes, the Index shall be replaced by a comparable government index. 6. Improvements. a. During the Term or any Renewal Term, Licensee has the right at its sole cost and expense to construct, maintain, repair, replace, upgrade and operate on the Premises radio communications facilities, including equipment shelter, cabinets, equipment racks, cables, 2 conduits, radios, fences, antennae, antenna support structures, and necessary related facilities (collectively known as "Licensee's Facilities") as generally shown on Exhibit A-2 attached hereto and incorporated herein by this reference. b. In connection therewith, Licensee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Licensee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. Plans and specifications for such work by Licensee shall require prior written approval of Licensor before work may begin; provided, however, that Licensee's Facilities depicted on Exhibit A-2 are hereby approved. Such approval shall not be unreasonably withheld or delayed. All of Licensee's construction and installation work shall be performed at Licensee's sole cost and expense by licensed and bondable contractors in a good and workmanlike manner and shall not interfere with Licensor's facilities and operations. Any work performed by Licensee outside Licensee's facilities shall be subject to reasonable inspection and scheduling by Licensor. Title to the Licensee's Facilities and any equipment placed on the Premises by Licensee shall be held by Licensee. All of Licensee's Facilities shall remain the property of Licensee and are not fixtures. Licensee has the right to remove all Licensee's Facilities at its sole expense on or before the expiration or earlier termination of this Agreement; provided, Licensee repairs any damage to the Premises or the Land caused by the removal, normal wear and tear excepted. Failure by Licensee to remove Licensee's Facilities may result in title to Licensee's Facilities transferring to Licensor as provided in Section 6(c) below. C. Within ninety (90) days following the date of termination for any cause, or within ninety (90) days following the end of the Term, (taking into account any extension thereof) Licensee shall remove, at its sole expense, to the extent reasonable, all of the Licensee's Facilities placed on the Premises and restore the Premises to the pre -installation condition (reasonable wear and tear and damages due to causes beyond the control or without the fault or neglect of Licensee excepted). Footings, foundations, and concrete will be removed to a depth of one foot below grade. Should Licensee so fail to remove facilities after thirty (30) days notice, title to all Licensee's Facilities, remaining on the Premises, Section 6(b) above notwithstanding, shall transfer to Licensor who shall at its option retain for itself all facilities not removed or shall remove and dispose of the facilities in a reasonable manner at the expense of the Licensee. d. Licensee shall have the right to install utilities, at Licensee's expense, and to improve the present utilities on or near the Premises. Any encroachment necessary for such utility service will be at a location acceptable to Licensor and the servicing utility. Licensor will cooperate with Licensee in Licensee's efforts to obtain utilities from any location provided by Licensor or the servicing utility, including signing any easement or other instrument reasonably required by the utility company; provided, however, that Licensor shall not incur any costs related to compliance with this provision. Licensee shall at no time acquire any property interest in any of Licensor's property not described in Exhibit A-1 or A-2. e. Licensee shall fully and promptly pay for all utilities furnished to the Premises for its use throughout the term of this Agreement, and all other costs and expenses incurred by Licensee in connection with Licensee's use, operation and maintenance of the Premises. In the event the Licensee cannot secure its own metered electrical supply, Licensee 3 will have the right, at its own cost and expense, to submeter from the Licensor. When submetering is necessary and available, Licensor will read the meter on a monthly or quarterly basis and provide Licensee with the necessary usage data in a timely manner to enable Licensee to compute such utility charges. f. Licensor hereby reserves and Licensee hereby grants to Licensor the right at no charge to Licensor to attach to Licensee's Facilities and to its electrical utility source wireless internet antennae in connection with a municipal or municipally franchised wireless network. Licensor's equipment shall be installed at a location suitable for its intended purpose as determined by Licensee in its reasonable discretion and so as not to interfere with the operation of Licensee's Facilities, 7. Access. a. Licensee shall have the right but not the obligation at any time following the full execution of this Agreement and prior to the Commencement Date to enter the Premises for the purpose of making necessary engineering surveys, inspections, and tests where applicable, for the purpose of determining the suitability of the Premises for Licensee's Facilities (as defined herein) for mobile/wireless communications operations and for the purpose of construction of such facilities. During any pre -construction work and construction work, Licensee will have insurance as set forth in Article 13, and will notify Licensor of any proposed construction work and will coordinate the scheduling of same with Licensor. If Licensee determines that the Premises are unsuitable for Licensee's contemplated use, then Licensee will notify Licensor and this Agreement will terminate in accordance with Section 10 (a) (ii). Licensor at no time warrants or guarantees the suitability of the Premises for Licensee's intended use. b. Licensor shall provide to Licensee, Licensee's employees, agents and subcontractors pedestrian and vehicular access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no charge to Licensee. Licensor represents and warrants it has full right of ingress and egress to the Premises, and hereby grants such rights to Licensee to the extent required to construct, maintain, install and operate Licensee's Facilities on the Premises and subject to Licensor's rights; provided, however, that the Licensee shall not interfere with or impair Licensor's use and enjoyment of the Land other than the premises or any reasonable security measures which Licensor might implement, from time to time, in its sole reasonable discretion, on all or any portion of the Land. 8. Interference. a. Licensor will provide Licensee with a list of all existing radio frequency user(s) on the Land to allow Licensee to evaluate the potential for interference. Licensee shall operate Licensee's Facilities in a manner that will not cause signal interference to Licensor and other authorized users of the Premises so disclosed by Licensor, as long as the existing radio user(s) operate and continue to operate within their respective frequencies and in accordance 4 with all applicable laws and regulations. In the event such signal interference should occur, all costs to remedy the interference shall be borne by Licensee. All operations by Licensee shall be in compliance with all federal, state and local non-interference regulations including but not limited to, those of the Federal Communications Commission. b. Licensee shall provide initial proof of compliance with original transmission tolerance and interference analysis by a certification through an independent source. C. Subsequent to the installation of Licensee's Facilities, Licensor shall not permit or suffer the use of the Premises and those of its co -locator, Los Angeles SMSA Limited Partnership, dba Verizon Wireless, or the installation of any future equipment which results in technical interference problems with the communications operations of Licensee as described in Article 2 above, with the exception of emergency interference. No third party shall have the right to install or operate communications equipment on the Land during the term of this Agreement unless such third party shall first provide evidence satisfactory to Licensor that such operation will not cause such interference problems. Licensor shall, prior to authorizing such third party installation or operation, share such evidence with Licensee and consider Licensee's concerns about the potential for interference. In addition, Licensor agrees to take all reasonable steps necessary to eliminate any interference which does materialize as a result of any new or changed equipment installations or operations with the understanding that any interference caused or related to emergency construction or repair of Licensor's facilities shall terminate at the conclusion of the emergency situation. I The parties acknowledge that any continuing non -emergency interference to Licensee's communication system operations will cause injury to Licensee, and therefore, Licensee shall have the right to bring action to enjoin such interference or terminate the Agreement immediately upon notice to Licensor. 9. Taxes. This Agreement may create a taxable property interest in the Premises. Licensee shall pay all personal property taxes, possessory interest taxes and assessments attributable to Licensee's Facilities levied by any legal authority. Licensee shall have the right to contest, in good faith, the validity or the amount of any tax or assessment levied against the Premises by such appellate or other proceedings as may be appropriate in the jurisdiction, and may defer payment of such obligations, pay same under protest, or take such other steps as Licensee may deem appropriate. This right shall include the ability to institute any legal, regulatory, or informal action in the name of the Licensee with respect to the valuation of the Land or Premises. In the event of that ownership of the Premises is transferred by Licensor to a nongovernmental owner, such new owner shall cooperate in the institution and prosecution of any such proceedings and will execute any documents required therefore. The expense of any such proceedings shall be borne by Licensee and any refunds or rebates secured as a result of Licensee's action shall belong to Licensee. 10. Termination. a. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows_ 5 i. By either party upon a default of any covenant, condition or term herein by the other party, which default is not cured within thirty (30) days of receipt of written notice of default, provided that the grace period for any monetary default is only ten (10) days from receipt of notice. Delay in curing a default will be excused if due to causes beyond the reasonable control (financial inability excluded) of Licensee. No default will be deemed to exist if Licensee has commenced to cure such default within such period and provided that such efforts are brought to completion with reasonable diligence; or ii. By Licensee prior to Commencement Date for any reason or for no reason, provided Licensee delivers written notice of early termination to Licensor no later than 30 days prior to the Commencement Date and forfeits and/or pays to Licensor $1,000 for reimbursement of costs of document preparation and administrative time associated with this Agreement; or iii. By Licensee after Commencement Date for any reason or for no reason, provided Licensee delivers written notice of early termination to Licensor no later than sixty (60) days prior to termination and pays to Licensor the rent remaining for the year in which termination is requested; or iv. In the absence of any breach of this Agreement by Licensee, Licensor shall have the right after the initial Term and the first Renewal Term (ten (10) years total) to unilaterally to terminate this Agreement without liability with two (2) years' prior written notice of termination to Licensee if Licensor determines that the Premises are not appropriate for use by Licensee due to economic, environmental, technological reasons or upon a finding by Licensor's City Council that the Premises are needed to provide for the health, safety, or welfare of the residents and businesses in the City. b. If Licensor elects to terminate this Agreement pursuant to Section 10(a)(iv), Licensor, in good faith, must use its best efforts to accommodate Licensee and allow Licensee to relocate Licensee's Facilities to an alternative site on the Land or other property owned by Licensor, provided such space is available and is suitable for communication system operations. Licensee shall have two years from the date of notice as provided in Section 10(a)(iv) to relocate Licensee's Facilities to the site made available by Licensor. All costs and expenses arising out of or associated with such relocation shall be borne by Licensee. Should Licensee fail to relocate its Facilities within the two year period, the Agreement shall terminate at the end of the two year period provided, however, should relocation occur more than once in any given five year period, Licensor shall bear the costs and expenses of relocation for each relocation after the first. 11. Destruction or Condemnation. a. If the Premises or Licensee's Facilities are damaged, destroyed or condemned by other than an act of the Licensee, Licensee may elect to terminate this Agreement as of the date of the damage, destruction or notice of condemnation proceedings by giving notice to Licensor no more than forty-five (45) days following the date of such damage, destruction or condemnation and all rights and obligations of the parties which do not survive the termination of this Agreement shall cease as of the date of the damage, destruction or the date the title vests in the condemning authority. If Licensee chooses not to terminate this Agreement, rent shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises for a period not to exceed one hundred twenty (120) days. Licensor reserves the right to audit Licensee's reduction or abatement request. If notice of termination is given, or if Licensor or Licensee undertake to rebuild Licensee's Facilities, Licensor agrees to use its reasonable efforts to permit Licensee to place temporary transmission and reception facilities on the Land at no additional License Fee until such time as Licensee is able to secure a replacement transmission location or the reconstruction of Licensee's Facilities is completed. b. In the event of any such damage or destruction, Licensee will be entitled to collect all insurance proceeds payable to Licensee on account thereof. In any condemnation proceeding, each party shall be entitled to make a claim against the condemning authority for just compensation (which for Licensee shall include the value of Licensee's Facilities, moving expenses, pre -paid rent, reasonable attorneys' fees, and business dislocation expenses). 12. Assiament and Subletting. a. Licensor may transfer its interest in the Land or Premises upon written notice to Licensee, subject to the transferee agreeing in writing to be bound by all of the terms and conditions of this Agreement applicable to Licensor. In the event of such a transfer, the new Licensor shall have a duty at the time of such transfer to provide Licensee with a completed IRS Form W-9, or its equivalent, and other related paper work to effect a transfer in License Fee to the new licensor. In addition, if the Land or any portion thereof which includes the Premises becomes encumbered by a deed to secure a debt, mortgage or other security interest, Licensor shall provide promptly to Licensee a mutually agreeable Subordination, Non -Disturbance and Attornment Agreement. b. Licensee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises or Licensee Facilities without the prior written consent of Licensor which consent shall not be unreasonably withheld or delayed: provided however, Licensor hereby grants its consent to assignment by Licensee of its interest to its parent company, any subsidiary or affiliate or to any successor legal entities or to any entity acquiring substantially all of Licensee's assets in the market defined by the Federal Communications Commission in which the Land is located by reason of a merger, acquisition, or other business reorganization. Any such assignee or transferee shall agree in writing to assume and perform all 7 of the terms and conditions of this Agreement on Licensee's part to be performed from and after the effective date of such assignment or transfer. Upon receipt by Licensor of such written assumption by the assignee or transferee, Licensee shall be relieved of all future performance, liabilities, and obligations under this Agreement. C. Licensor reserves the right to license portions of the Land to other interested communication system operators that may be in competition with Licensee for purposes of mobile/wireless communication services; provided, however, that such other licenses must provide that the operation of the other communication facilities will not result in technical interference problems with Licensee's then existing equipment. Licensee acknowledges that concurrent with the execution of this Agreement, Licensor is executing a License Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, Nextel of California, Inc., a Delaware Corporation, and Omnipoint Communications Inc., a Delaware Corporation, a subsidiary of T -Mobile, USA Inc., a Delaware Corporation for the use of the Land for mobile/wireless communication facilities, and further acknowledges that these facilities will not interfere with Licensee's operations. d. Licensees shall not sublease the Premises, or any portion thereof, to any other person or entity, including, but not limited to any other communication system operator. Any such purported sublease shall be void and of no effect. 13. Insurance. Licensee, at Licensee's sole cost and expense, shall procure and maintain the following commercial general liability and automobile liability insurance: a. Covera. Coverage for commercial general liability and automobile liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability Coverage (Occurrence Form CG 0001). ii. Insurance Services Office Automobile Liability Coverage (Form CA 0001), covering Symbol I (any auto). b. Limits. The Licensee shall maintain limits no less than the following: i. General Liability. One million dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply to Premises leased (with the ISO CG 2503, or ISO CG 2504, or insurer's equivalent endorsement provided to Licensor) or the general aggregate limit shall be twice the required occurrence limit. [3 ii. Automobile Liabilit. One million dollars ($1,000,000) for bodily injury and property damage each accident limit. C. Required Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions: i. Licensor, its officers, employees, or authorized volunteers are included as additional insured as respects: liability arising out of Premises leased by the Licensee or automobiles owned, leased, hired or borrowed by the Licensee. The coverage shall contain no special limitations on the scope of protection afforded to Licensor, its directors, officers, employees, or authorized volunteers. ii. For any claims related to this Agreement, the Licensee's insurance shall be primary insurance to Licensor, its officers, employees or authorized volunteers. Any insurance, self-insurance or other coverage maintained by Licensor, its officers, employees, or authorized volunteers shall not contribute to it. iii. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to Licensor, its officers, employees, or authorized volunteers. iv. The Licensee's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. V. Each insurance policy required by this clause shall state or be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days (10 days for non-payment of premium) prior written notice by U.S. mail has been given to Licensor. The general liability policy shall cover bodily injury and property damage liability, and blanket contractual liability. The automobile liability policy shall cover all owned, non -owned, and hired automobiles. All of the insurance shall be provided on policy forms and through companies reasonably satisfactory to Licensor. d. Self -Insurance. Licensee shall have the right to self -insure with respect to any of the above insurance requirements. e. Acceptability of Insurers. In the event that Licensee does not self -insure, insurance is to be placed with insurers having a current A.M. Best rating of no less than A -/VIII or equivalent or as otherwise approved by Licensor. f Workers' Compensation and Employer's Liability Insurance. The Licensee shall cover or insure under the applicable laws relating to workers' compensation insurance, all of their employees working on or about the Premises, all in accordance with the "Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of California and any Acts amendatory thereof. The Licensee shall provide employers liability insurance in the amount of, at least, $1,000,000 per accident for bodily injury and disease. g. Evidences and Cancellation of Insurance. Prior to the beginning of construction of any improvements provided in Article b(a), the Licensee shall file with Licensor a certificate of insurance (Accord Form 25-S or insurer's equivalent) and an additional insured endorsement (CG 2010 or insurer's equivalent) both signed by a properly authorized officer, agent or representative of the insurer. Licensee shall also provide a waiver of subrogation in favor of Licensor. Licensor shall provide a waiver of subrogation in favor of Licensee. Such evidence of insurance shall confirm that coverage includes or has been modified to include the required provisions as provided in Article 13 (c)(i) through (v). The Licensee shall, upon demand of Licensor, deliver to Licensor such policy or policies of insurance and the receipts for payment of premiums thereon. h. Workers' Compensation Insurance. By his/her signature hereunder, Licensee certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it will comply with such provisions in connection with any work performed on the Premises. Any persons providing services with or on behalf of Licensee shall be covered by workers' compensation, or qualified self-insurance. 14. Indemnification. (a) To the fullest extent permitted by law, Licensee shall indemnify and hold harmless and defend Licensor, its directors, officers, employees, agents or volunteers, and each of them from and against: (i) Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of defending against such claims by counsel acceptable to Licensor), in law or in equity, of every kind and nature whatsoever, to the extent caused by the negligent acts, errors, or omissions or willful misconduct of the Licensee but except to the extent caused by the willful misconduct or active or passive negligence of Licensor or its directors, officers, employees, agents, or volunteers, for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees, agents or volunteers of Licensor or Licensee, and damages to or destruction of property of limited to, Licensor and/or Licensee employees, agents or volunteers. FG any person, including but not and their directors, officers, (ii) Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, to the extent caused by the violation of any governmental law or regulation by Licensee. (iii) Any and all losses, expenses, damages (including damage to the work itself), attorney's fees and other costs, including all costs of defense, which any of them may incur to the extent caused by Licensee's failure, neglect, or refusal by Licensee to faithfully perform all of its obligations under this Agreement. Licensee agrees to carry insurance for this purpose as set out in the specifications. Licensee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Licensor, or its directors, officers, employees or volunteers. (b) Licensor shall indemnify, defend and hold harmless Licensee, its directors, officers, employees, or volunteers, and each of them from and against: (i) Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of defending against such claims by counsel acceptable to Licensee), in law or in equity, of every kind and nature whatsoever, to the extent caused by the negligent acts, errors, or omissions or willful misconduct of the Licensor but except to the extent caused by the willful misconduct or active or passive negligence of Licensee or its directors, officers, employees, agents, or volunteers, for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees or volunteers of Licensor or Licensee, and damages to or destruction of property of any person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees, agents, or volunteers, (ii) Any and all losses, expenses, damages (including damage to the work itself), attorney's fees and other costs, including all costs of defense, which any of them may incur to the extent caused by Licensor's failure, neglect, or refusal by Licensor to faithfully perform all of its obligations under this agreement. (c) The foregoing indemnities will survive the expiration or termination of this Agreement. 15. Safety and Environmental Protection. The Licensee shall operate and maintain the Premises so as to avoid injury or damage to any person or property. In carrying out its work, the Licensee shall at all times, exercise all necessary precautions for the safety and environmental protection of the Premises, and be in compliance with all federal, state and local statutory and regulatory requirements including those of the State of California, Division of Industrial Relations (CallOSHA) regulations, Cal/EPA, US/EPA and the 11 U.S. Department of Transportation including the Omnibus Transportation Employee Testing Act (as applicable). The Licensee shall not use or allow anyone else to use the Premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous material, other than as reasonably necessary for the operation of the Licensee's activities as contemplated under this Agreement. The term "hazardous material" means any hazardous substance, material or waste, including but not limited to those listed in 49 CFR 172.101 (U.S. Department of Transportation), the Cal/EPA Chemical Lists or lists of petroleum products and their derivatives. However, this shall not apply to the use of petroleum products and related substances incidental to operation of motorized equipment and vehicles whose operation on the Premises is contemplated by this Agreement. The Licensee shall immediately notify the Licensor in writing upon becoming aware of any release of hazardous material, violation of any environmental law or actions brought by third parties against the Licensee alleging environmental damage. a. Licensee shall identify by a sign in letters no greater than %z inch in height permanently affixed to Licensee's Facilities the responsible party to notify in case of emergency or maintenance, but no other signs are permitted on the Premises or Licensee's Facilities other than warning signs.. b. Licensor represents that neither Licensor nor, to Licensor's knowledge (without having researched the matter) a third party has used, generated, stored, treated or disposed of hazardous materials, as defined above. Licensor and Licensee agree that each will be responsible for compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in or on the Land. C. Licensor and Licensee agree to hold harmless and indemnify the other from, and to assume all duties, responsibilities and liabilities at the sole cost and expense of the indemnifying party for, payment of penalties, sanctions, forfeitures, losses, costs or damages, and for responding to any action, notice, claim, order, summons, citation, directive, litigation, investigation or proceeding which is related to (i) the indemnifying party's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect, or (ii) any environmental or industrial hygiene conditions that arise out of or are in any way related to the condition of the Land and activities conducted by the party thereon, unless the environmental conditions are caused by the other party. 12 d. The indemnifications of this Section 15 specifically include reasonable costs, expenses and fees incurred in connection with any investigation of Land conditions or any clean-up, remediation, removal or restoration work required by any governmental authority. The provisions of this Section 15 will survive the expiration or termination of this Agreement. 16. Notices. Any notice, demand or payment required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to be effective when properly sent and received, refused, or returned undelivered. Any such notice, demand, or payment shall be sent to the address of the respective parties set forth below: Licensor: City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Attention: City Manager Licensee: New Cingular Wireless PCS, LLC c/o Cingular Wireless LLC Attn: Network Real Estate Administration Re: Cell Site #SV -0081-01; Cell Site Name: Diamond Bar 6100 Atlantic Boulevard Norcross, Georgia 30071 With a Copy to: Cingular Wireless LLC Attn: Legal Department Re: Cingular Wireless Cell Site 9: SV -0081-01; Cell Site Name: Diamond Bar 15 East Midland Avenue Paramus, New Jersey 07652 Either party hereto may change the place for giving of notice to it by thirty (30) days prior written notice to the other as provided herein. 17. Warranties, a. Licensee and Licensor each acknowledge and represent that it has the right, power, and authority to enter into this Agreement and bind itself hereto through the party set forth as signatory for the party below. Furthermore, each individual signing this Agreement represents and warrants that he or she has all necessary authority to execute this Agreement on behalf of the party for whom such individual is signing this Agreement and to bind such party thereby. 18. Attorney's Fees. a. in the event legal action by either party is brought to enforce any term hereof or in the recovery of damages for any breach hereof, or to determine any rights of the 13 parties under this Agreement, the prevailing party in such actions may recover reasonable attorneys' fees to be fixed by the court. b. When any provision of this Agreement entitles either party to receive costs or expenses from the other, the term costs and expenses shall include reasonable attorney's fees incurred, notwithstanding any reference or lack of reference to attorney's fees. When any article or provision of this Agreement provides that either party will hold the other harmless from claims, the indemnifying party shall pay all of the other party's reasonable attorney's fees incurred in investigating and defending such claims. 19. Miscellaneous. a. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth in this Agreement. Any amendments or modifications to or waivers of this Agreement must be in writing and executed by both parties. b. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. C. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. d. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles , State of California. e. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. f. The Licensee shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the Premises. The Licensee shall be liable for all violations of the law in connection with this Agreement. g. All Exhibits attached hereto are material parts of this Agreement. h. This Agreement may be executed in duplicate identical counterparts, each of which shall be deemed an original. 14 i. Unless otherwise specified, the following rules of construction and interpretation apply: (i) captions are for convenience and reference only and in no way define or limit the construction of the terms and conditions hereof; (ii) use of the term "including" will be interpreted to mean "including but not limited to"; and (iii) use of the terms "termination" or "expiration" are interchangeable. 1. Either party will, at any time upon twenty (20) business days prior written notice from the other, execute, acknowledge and deliver to the other a statement in writing (i) certifying that this Agreement is unmodified and in full force and effect (or, if modified, stating the nature of the modification and certifying this Agreement, as so modified, is in full force and effect) and the date to which the Rent and other charges are paid in advance, if any, and (ii) acknowledging that there are not, to such party's knowledge, any uncured defaults on the part of the other party hereunder, or specifying such defaults if any are claimed. Any such statement may be conclusively relied upon by any prospective purchaser or encumbrancer of the Premises. The requested party's failure to deliver such a statement within such time will be conclusively relied upon by the requesting party that (i) this Agreement is in full force and effect, without modification except as may be properly represented by the requesting party, (ii) there are no uncured defaults in the requesting party's performance, and (iii) no more than one month's License Fee has been paid in advance. k. The submission of this Agreement to pay any party for examination or consideration does not constitute an offer, reservation of or option for the Premises based on the terms set forth herein. This Agreement will become effective as a binding Agreement only upon the handwritten legal execution, acknowledgement and delivery hereof by Licensor and Licensee. 1. Upon request, either party may require that a Memorandum of Lease be recorded in the form of Exhibit B. Upon termination of this Agreement, Licensee shall record a Memorandum of Termination in the official records of the County of Los Angeles Recorder's office. IN WITNESS THEREOF, the parties have executed this Agreement as of the date first above written. Dated: LICENSOR: CITY OF DIAMOND BAR By: Linda C. Lowry City Manager LICENSEE: 15 Dated: NEW CINGULAR WIRELESS PCS, LLC Name Title STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2006 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal_ Notary Public STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 2006 before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public 17 EXHIBIT A-1 DESCRIPTION OF LAND The real property situated in Los Angeles County, State of California, particularly described as: Notes: EXHIBIT A-2 DESCRIPTION OF PREMISES The Site Plans, consisting of pages are attached This exhibit may be replaced by architectural and engineering drawings of the Premises once they are received by Licensee and agreed to by both parties. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, and mounting positions may vary from what is shown above. 19 EXHIBIT B RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: Cingular Wireless LLC Attn: Legal Department Re: Cingular Wireless Cell Site #: SV -0081-01; Cell Site Name: Diamond Bar 15 East Midland Avenue Paramus, New Jersey 07652 MEMORANDUM OF LICENSE AGREEMENT THIS MEMORANDUM OF LICENSE AGREEMENT ("Memorandum") is executed as of , 200, by and between City of Diamond Bar ("Licensor"), and Licensee"). RECITALS WHEREAS, Licensor and Licensee have entered into that certain Communications Site License Agreement ("Agreement") dated as of , 2006_, for the purpose of operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement; and WHEREAS, Licensor and Licensee desire to record notice of the Agreement in the Official Records of the County of Los Angeles, California; NOW, THEREFORE, in consideration of the foregoing, Licensor and Licensee hereby declare as follows: I . Demise. The Land which is the subject of the Agreement is described in Exhibit A-1 attached hereto. The portion of the Land licensed to Licensee (the "Premises") is described on Exhibit A-2 attached hereto. Licensor grants to Licensee a non-exclusive easement for site access and utilities as described in Exhibit A-2. 2. Expiration Date. The term of the Agreement ("Term") is for five (5) years commencing on or upon the start of construction of Licensee's Facilities, whichever occurs first ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew. 3. Noninterference by Third Parties. No third party shall have the right to install or operate communications equipment on the Land during the term of this Agreement which causes technical interference problems with the communications operations of Licensee and unless such third party shall have first provided evidence satisfactory to Licensor that such operation will not cause technical interference problems with the communications operations of Licensee. 4. Agreement Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. IN WITNESS WHEREOF, Licensor and Licensee have executed this Memorandum as of the date and year first written above. Dated: Dated: LICENSOR: CITY OF DIAMOND BAR By: Linda C. Lowry City Manager LICENSEE: NEW CINGULAR WIRELESS PCS, LLC Name Address By: Name STATE OF CALIFORNIA COUNTY OF LOS ANGELES On 2006 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA COUNTY OF LOS ANGELES On , 2006 before me, personally appeared personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public EXHIBIT A-1 to Memorandum of License Agreement dated DESCRIPTION OF LAND The real property situated in Los Angeles County, State of California, particularly described as: Description of land - of License Agreement dated City of Diamond Bar (Summitridge) Los Angeles 7164C (Pantera Park) WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT THIS WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT (this "Agreement") is entered into this day of 2006, by and between the CITY OF DIAMOND BAR, a California municipal corporation ("Licensor" or "City"), and NEXTEL OF CALIFORNIA, INC., a Delaware corporation ("Licensee"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. Premises. a. Licensor owns the real property located at 1425 Summitridge Drive in the City of Diamond Bar, County of Los Angeles, commonly known as Summitridge Park, which is more particularly described in Exhibit A-1 attached hereto and incorporated herein by this reference ("Land"). Subject to the following terms and conditions, Licensor grants to Licensee, along with Omnipoint Communications Inc., a Delaware corporation, a subsidiary of T -Mobile USA Inc., a Delaware corporation pursuant to a separate License Agreement, the exclusive right to use approximately one thousand (1,000) square feet of the Land, including applicable non-exclusive easements for site access and utilities as described and/or shown in Exhibit A-2 attached hereto and incorporated herein by this reference ("Premises"), to erect, maintain and operate the Licensee's Facilities (as defined in Section 6(a) below). b. Licensee acknowledges that Licensor will deliver the Premises in "as is" condition, without warranty, express or implied, as to its condition or usability, except as otherwise expressly set forth in this Agreement. C. While Licensee's use of the Premises is exclusive, Licensee's use of the Land is non-exclusive as more particularly set forth in Section 12(c) below. 2. Use. The Premises may be used by Licensee for any lawfully permitted and licensed activity in connection with the provisions of mobile/wireless communications services, including the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communication facilities. Licensor agrees to cooperate with Licensee, at Licensee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Licensee's intended use of the Premises. 3. Conditions Precedent. This Agreement is conditioned upon Licensee receiving a license from the Federal Communications Commission ("FCC') and obtaining all governmental permits and approvals, including that of Licensor (collectively, the "Governmental Approvals"), enabling Licensee to construct and operate the Licensee's Facilities where the Premises are located. If Licensee does not receive all of the Governmental Approvals, or the Agreement is terminated in accordance with Section 10 (a) (ii), this Agreement shall be null and void and of no force or effect and Licensee shall pay Licensor One Thousand and 00/100 Dollars ($1,000.00) for reimbursement of costs of document preparation and administration time associated with this Agreement. Los Angeles City of Diamond Bar (Summitridge) CA -7164C (Pantera Park) 4. Term. The term of this Agreement ("Term") shall be five (5) years commencing on the first day of the month in which Licensee commences construction of the Licensee's Facilities on the Premises, or eighteen (18) months after both parties have executed this Agreement, whichever is earlier ("Commencement Date"). Licensee shall have the right to extend the Term of this Agreement for five (5) additional terms ("Renewal Term") of five (5) years each. Each Renewal Term shall be on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive five (5) year Renewal Term unless Licensee notifies Licensor in writing of Licensee's intention not to extend this Agreement at least sixty (60) days prior to the expiration of the first five (5) year Tenn or any Renewal Term. The Term and all Renewal Terms shall collectively be referred to hereafter as the "License Term." 5. License Fee. a. Within fifteen (15) business days after the Commencement Date and on the first day of each month thereafter, each Licensee shall pay Licensor,'as a fee for the use and occupancy of the Premises, the sum of Two Thousand and 001100 Dollars ($2,000.00) ("License Fee") per month. The License Fee shall be payable on the first day of each month, in advance, to Licensor or Licensor's payee as specified in Section 16, Notices. Payment shall be prorated for the final fractional month, if any, of this Agreement, or if this Agreement is terminated before the expiration of any month for which the Licensee Fee should have been paid. b. Limited CPI Adjustment - The parties agree that the Annual Rent shall be adjusted annually throughout the term of the Lease on each anniversary of the Effective Date (or the first day of the month in which such anniversary occurs) beginning as of the first anniversary of the Effective Date by the lesser of: (1) three percent (3 %) or (b) the percentage change in the most recent published Consumer Price Index (1982-84=100) Urban Wage Earners and Clerical Workers - Los Angeles, Anaheim, Riverside ("Index") compared to the Index published twelve (12) months earlier. If the Index is discontinued or changed so that it is impossible to obtain a continuous measurement of price changes, the Index shall be replaced by a comparable government index. 6. Improvements. a. During the License Term, Licensee has the right at its sole cost and expense to construct, maintain and operate on the Premises radio communications facilities, including equipment shelter, cabinets, equipment racks, cables, conduits, radios, antennae, antenna support structures, and necessary related facilities (collectively known as "Licensee's Facilities") as generally shown on Exhibit A-2 attached hereto and incorporated herein by this reference. b. In connection therewith, Licensee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Licensee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. Plans and specifications for such work by Licensee shall require prior written approval of Licensor before work may begin; provided, however, that Licensee's Facilities depicted on Exhibit A-2 are hereby approved. Such approval shall not be unreasonably withheld or delayed. All of Licensee's construction and installation work shall be performed at Licensee's sole cost and expense by licensed and bondable contractors in a good and workmanlike manner and shall not interfere with Licensor's facilities and operations. Any work performed by Licensee outside the Premises shall be subject to reasonable inspection and scheduling by Licensor. Title to the Licensee's Facilities and any equipment placed on the Premises by Licensee shall be held by Licensee. All of Licensee's Facilities shall remain the property of Licensee and are not fixtures. Licensee shall remove all of the Licensee's Facilities from the Los Angeles City of Diamond Bar (Summitridge) CA -7164C (Pantera Park) Premises in accordance with the provisions of Section 6(c) below. Failure by Licensee .to remove Licensee's Facilities may result in title to Licensee's Facilities transferring to Licensor as provided in Section 6(c) below. C. Within ninety (90) days following the expiration or earlier termination of this Agreement for any reason, Licensee shall remove, at its sole expense, all of the Licensee's Facilities both above ground and below ground to a depth of one (1) foot placed on the Premises and restore the Premises to the pre -installation condition (reasonable wear and tear and damages due to causes beyond the control or without the fault or neglect of Licensee excepted). Should Licensee fail to remove the Licensee's Facilities after thirty (30) days notice to Licensee and to Licensee's financing entity, title to all Licensee's Facilities, Section 6(b) above notwithstanding, shall transfer to Licensor who shall at its option retain for itself all Licensee's Facilities not removed or shall remove and dispose of the Licensee's Facilities in a reasonable manner at the expense of Licensee. The address for Licensee's financing entity is: Chase Manhattan Bank N.A. 1 Chase Manhattan Plaza, 4th Floor New York, NY 10081 Attention: Tracy Navin d. Licensee shall have the right to install utilities, at their expense, and to improve the present utilities on or near the Premises. Any encroachment necessary for such utility service will be at a location acceptable to Licensor and the servicing utility. Licensor will cooperate with Licensee in their efforts to obtain utilities from any location provided by Licensor or the servicing utility, including signing any easement or other instrument reasonably required by the utility company; provided, however, that Licensor shall not incur any costs related to compliance with this provision. Licensee shall at no time acquire any property interest in any of the Land. e. Licensee shall fully and promptly pay for all utilities furnished to the Premises for its use throughout the term of this Agreement, and all other costs and expenses incurred by Licensee in connection with their use, operation and maintenance of the Premises. f. Licensor hereby reserves and Licensee hereby grants to Licensor the right at no expense to Licensor to attach to Licensee's Facilities and to its electrical utility source wireless internet antennae in connection with a municipal or municipally franchised wireless network. Licensor's equipment shall be installed at a location suitable for its intended purpose as determined by Licensee in its reasonable discretion and so as not to interfere with the operation of Licensee's Facilities. Los Angeles City of Diamond Bar (Summitridge) CA -7164C (Pantera Park) 7. Access. Licensee shall have the right but not the obligation at any time following the full execution of this Agreement and prior to the Commencement Date to enter the Premises for the purpose of making necessary engineering surveys, inspections, and tests where applicable, for the purpose of determining the suitability of the Premises for Licensee's Facilities (as defined herein) for mobile/wireless communications operations and for the purpose of construction of the Licensee's Facilities. During any pre -construction work and construction work, each Licensee shall have insurance as set forth in Section 13, and will notify Licensor of any proposed construction work and will coordinate the scheduling of same with Licensor. If Licensee determines that the Premises are unsuitable for their contemplated use, then Licensee shall notify Licensor and this Agreement will terminate in accordance with Section 10 (a) (ii). Licensor at no time warrants or guarantees the suitability of the Premises for Licensee's intended use. S. Interference. a. Licensee shall operate Licensee's Facilities in a manner that will not cause signal interference to Licensor and other authorized users of the Premises that pre -date the installation of Licensee's Facilities. In the event such signal interference should occur, all costs to remedy the interference shall be borne by Licensee. Pre-existing communication system operations/operators operating in the same manner as on the Commencement Date shall not be deemed as interference to Licensee. All operations by Licensee shall be in compliance with all federal, state and local non- interference regulations including but not limited to, those of the FCC. b. Licensee shall provide initial proof of compliance with original transmission tolerance and interference analysis by a certification through an independent source. C. Subsequent to the installation of Licensee's Facilities, Licensor shall not permit or suffer the use of the Premises and those of its co -locator, Omnipoint Communications Inc., a Delaware corporation, a subsidiary of T -Mobile USA Inc., a Delaware corporation, or the installation of any future equipment which results in technical interference problems with the communications operations of Licensee as described in Section 2 above, with the exception of emergency interference. Licensor agrees to take all reasonable steps necessary to eliminate such interference with the understanding that any interference caused or related to emergency construction or repair of Licensor's facilities shall terminate at the conclusion of the emergency situation. d. The parties acknowledge that any continuing non -emergency interference to the Licensee's Facilities will cause injury to Licensee, and therefore, Licensee shall have the right to bring action to enjoin such interference or terminate the Agreement immediately upon notice to Licensor. 9. Taxes. This Agreement may create a taxable property interest in the Premises. Licensee shall pay all personal property taxes, possessory interest taxes and assessments attributable to Licensee's Facilities levied by any legal authority. 10. Termination. a. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: i. By either party upon a default of any covenant, condition or term herein by the other party, which default is not cured within thirty (30) days of City of Diamond Bar (Summitridge) Los Angeles CA -7164C (Pantera Park) receipt of written notice of default, provided that the grace period for any monetary default is only ten (10) days from receipt of notice. No default will be deemed to exist if Licensee has commenced to cure such default within such period and provided that such efforts are brought to completion with reasonable diligence; or ii. By Licensee prior to Commencement Date for any reason or for no reason, provided Licensee delivers written notice of early termination to Licensor no later than thirty (30) days prior to the Commencement Date and forfeits and/or pays to Licensor One Thousand and 001100 Dollars ($1,000.00) for reimbursement of costs of document preparation and administrative time associated with this Agreement; or iii. By Licensee after Commencement Date for any reason or for no reason, provided Licensee delivers written notice of early termination to Licensor no later than sixty (60) days prior to termination and pays to Licensor the rent remaining for the year in which termination is requested; or iv. In the absence of any breach of this Agreement by Licensee, Licensor shall have the right, after the initial Term and the first Renewal Term (ten (10) years total) to unilaterally to terminate this Agreement without liability with two (2) years' prior written notice of termination to Licensee if Licensor determines that the Premises are not appropriate for use by Licensee due to economic, environmental, technological reasons or upon a finding by Licensor's City Council that the Premises are needed to provide for the health, safety, or welfare of the residents and businesses in the City. b. If Licensor elects to terminate this Agreement pursuant to Section 10(a)(iv), Licensor, in good faith, must use its best efforts to accommodate Licensee and allow Licensee to relocate Licensee's Facilities to an alternative site on the Land or other property owned by Licensor, provided such space is available and is suitable for communication system operations. Licensee shall have two years from the date of notice as provided in Section 10(a)(iv) to relocate Licensee's Facilities to the site made available by Licensor. All costs and expenses arising out of or associated with such relocation shall be borne by Licensee; provided, however, should relocation occur more than once in any given five year period, Licensor shall bear the costs and expenses of relocation for each relocation after the first. Should Licensee fail to relocate its Facilities within the two year period, the Agreement shall terminate at the end of the two year period. City of Diamond Bar (Summitridge) 11. Destruction or Condemnation. Los Angeles CA -7164C (Pantera Park) a. If the Premises or Licensee's Facilities are damaged, destroyed or condemned by other than an act of the Licensee, Licensee may elect to terminate this Agreement as of the date of the damage, destruction or condemnation by giving notice to Licensor no more than forty-five (45) days following the date of such damage, destruction or condemnation and all rights and obligations of the parties which do not survive the termination of this Agreement shall cease as of the date of the damage, destruction or condemnation. If Licensee chooses not to terminate this Agreement, the License Fee shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises for a period not to exceed one hundred twenty (120) days. Licensor reserves the right to audit Licensee's reduction or abatement request. b. In any condemnation proceeding, each party shall be entitled to make a claim against the condemning authority for just compensation (which for Licensee shall include the value of Licensee's Facilities, moving expenses, pre -paid rent, reasonable attorneys' fees, and business dislocation expenses). 12. Assignment and Subletting. a. Licensor may assign or otherwise transfer its interest in this Agreement upon written notice to Licensee, subject to the assignee or transferee assuming all of Licensor's obligations herein. b. Licensee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Licensor. Any such assignee or transferee shall agree in writing to assume and perform all of the terms and conditions of this Agreement on Licensee's part to be performed from and after the effective date of such assignment or transfer. Licensor's consent will not be unreasonably withheld or delayed by Licensor; provided, however, Licensee may assign its interest to Licensee's parent company, any subsidiary or affiliate of Licensee or of its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of Licensee's stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Section 18 below. Notwithstanding anything to the contrary contained in this Agreement, Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Licensee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. C. Licensor reserves the right to lease portions of the Land to other interested communication system operators that may be in competition with Licensee for purposes of mobile/wireless communication services; provided, however, that such other leases must provide that the operation of the other communication facilities will not result in technical interference problems with the Licensee's Facilities. Licensee acknowledges that concurrent with the execution of this Agreement, Licensor is executing a License Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, Omnipoint Communications Inc, a Delaware corporation, a subsidiary of T - Mobile USA Inc., a Delaware corporation, and New Cingular Wireless PCS, LLC, a Delaware limited liability company for the use of the Land for mobile/wireless communication facilities, and further acknowledges that these facilities will not interfere with Licensee's operations. Los Angeles City of Diamond Bar (Summitridge) CA -7164C (Pantera Park) d. Licensee shall not sublease the Premises, or any portion thereof, to any other person or entity, including, but not limited to any other communication system operator. Any such purported sublease shall be void and of no effect. 13. Insurance. During the License Term, and thereafter until the removals required under Section 6(c) are complete, and prior to the Commencement Date if Licensee enters the Land under Section 7(a), Licensee shall maintain at its own expense the following a. Without limiting Licensee's indemnification obligations set forth in Section I4(a) below, Licensee shall provide and maintain at its own expense during the License Term, the following programs of insurance covering its operations hereunder. Such insurance shall be provided by companies with an A.M. Best rating of not less than A -,VII and proof of such programs shall be delivered to Licensor prior to any entry by Licensee onto the. Land and/or the Premises. Proof of insurance evidencing coverage shall name Licensor, its officers, agents, and employees as additional insured with respect to Licensee's operations under this Agreement. Such evidence shall specifically identify this Agreement. 1. Liability: Such insurance shall be primary to and non-contributory with any other insurance maintained by Licensor and shall name Licensor, its officers, agents, and employees as additional insured, and shall include: (i) Comprehensive General Liability Insurance endorsed for Premises - Operations, Products/Completed Operations, Contractual, Broad Form Property Damage, and Personal Injury with a combined single limit of not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence. If the above insurance is written on a Claims Made Form, such insurance shall be endorsed to provide an extended reporting period of not less than five (5) years following termination of the policy. 2. Auto: Comprehensive Auto Liability Insurance endorsed for all owned, non --owned and hired vehicles with a combined single limit of at least One Million and 00/100 Dollars ($1,000,000.00) per occurrence. 3. Workers' Compensation: A program of Workers' Compensation Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability Insurance with Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) limits, covering all persons providing services on behalf of Licensee and all risks to such persons under this Agreement. Licensee may provide, if applicable, a Certificate of Consent to Self - insure, issued by the Director of Industrial Relations of the State of California. Should Licensee utilize the self-insurance provision set forth in this paragraph, and Licensee's Certification of Consent to Self - insure expires or is revoked, Licensee shall be required to provide a program of Workers Compensation Insurance upon said expiration or revocation. b. Licensee shall furnish Licensor with proof of insurance that said policies required by Subsection a. of this Section 13 are in force. C. Licensee shall comply with the aforementioned provisions of this Section, and any such operations shall be suspended during any period that Licensee fails to maintain, said policies in full force and effect. City of Diamond Bar (Summitridge) 14. Indemnification. Los Angeles CA -7164C (Pantera Park) a. To the fullest extent permitted by law, Licensee shall indemnify and hold harmless and defend Licensor, its directors, officers, employees, agents or volunteers, and each of them from and against: (i) Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of defending against such claims by counsel acceptable to Licensor), in law or in equity, of every kind and nature whatsoever for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees, agents or volunteers of Licensor or Licensee, and damages to or destruction of property of any person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees, agents or volunteers, to the extent caused by the negligent acts, errors or omissions or willful misconduct of Licensee, but except to the extent caused by the negligence, willful misconduct or active negligence of Licensor or its directors, officers, employees, agents or volunteers. (ii) Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, to the extent caused by the violation of any governmental law or regulation by Licensee. (iii) Any and all losses, expenses, damages (including damage to the work itself), attorney's fees and other costs, including all costs of defense, which any of them may incur to the extent caused by Licensee's failure, neglect, or refusal by Licensee to faithfully perform all of its obligations under this Agreement. Licensee agrees to carry insurance for this purpose as set out in the specifications. Licensee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Licensor, or its directors, officers, employees or volunteers. b. Licensor shall indemnify, defend and hold harmless Licensee, its directors, officers, employees, or volunteers, and each of them from and against any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of defending against such claims), in law or in equity, of every kind and nature whatsoever for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees or volunteers of Licensor or Licensee, and damages to or destruction of property of any person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees or volunteers, to the extent caused by the negligent acts, errors or omissions or willful misconduct of Licensor, but except to the extent caused by the sole negligence, willful misconduct or active negligence of Licensee or its directors, officers, employees, agents or volunteers. The foregoing indemnities will survive the expiration or earlier termination of this Agreement. 15. Safety and Environmental Protection. The Licensee shall operate and maintain the Premises so as to avoid injury or damage to any person or property. Los Angeles City of Diamond Bar (Summitridge) CA -7164C (Pantera Park) In carrying out its work, the Licensee shall at all times, exercise all necessary precautions for the safety and environmental protection of the Premises, and be in compliance with all federal, state and local statutory and regulatory requirements including State of California, Division of Industrial Relations (Cal/OSHA) regulations, Cal/EPA, US/EPA and the U.S. Department of Transportation including the Omnibus Transportation Employee Testing Act (as applicable). The Licensee shall not use or allow anyone else to use the Premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous material, other than as reasonably necessary for the operation of the Licensee's activities as contemplated under this Agreement. The term "hazardous material" means any hazardous substance, material or waste, including but not limited to those listed in 49 CFR 172.101 (U.S. Department of Transportation), the Cal/EPA Chemical Lists of lists or petroleum products and their derivatives. However, this shall not apply to the use of petroleum products and related substances incidental to operation of motorized equipment and vehicles whose operation on the Premises is contemplated by this Agreement. The Licensee shall immediately notify the Licensor in writing upon becoming aware of any release of hazardous material, violation of any environmental law or actions brought by third parties against the Licensee alleging environmental damage. a. Licensee shall identify by a sign in letters no greater than % inch in height permanently affixed to Licensee's Facilities the responsible party to notify in case of emergency or maintenance, but no other signs are permitted on the Premises or Licensee's Facilities unless such signs are required by any federal, state or local law. b. Licensor represents that neither Licensor nor, to Licensor's knowledge (without having researched the matter) a third parry has used, generated, stored, treated or disposed of hazardous materials, as defined above, on the Land. 16. Notices. Any notice, demand or payment required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Licensor: City of Diamond Bar Licensee: Nextel of California, Inc. 21825 Copley Drive 310 Commerce Drive, Suite 100 Diamond Bar, CA 91765 Irvine, CA 92602 Attn. City Manager Attn: Property Manager (CA -7164C) With a copy to: Sprint Nextel Corporation 2001 Edmund Halley Drive Reston, VA 20191-3436 Second Floor, Mail Stop 213225 Attn: Site Leasing Services, Contracts Manager 17. Attorney's Fees. a. In the event legal action by either party is brought to enforce any term hereof or in the recovery of damages for any breach hereof, or to determine any rights of the parties under this Los Angeles City of Diamond Bar (Summitridge) CA -7164C (Pantera Park) Agreement, the prevailing party in such actions may recover reasonable attorney's fees to be fixed by the court. b. When any provision of this Agreement entitles either party to receive costs or expenses from the other, the term costs and expenses shall include reasonable attorney's fees incurred, notwithstanding any reference or lack of reference to attorney's fees. When any article or provision of this Agreement provides that Licensee will hold Licensor harmless from claims, Licensee shall pay all of Licensor's reasonable attorney's fees incurred in investigating and defending such claims. 18. Waiver of Licensor's Lien. a. Licensor waives any lien rights it may have concerning the Licensee's Facilities which are deemed Licensee's personal property and not fixtures, and Licensee has the right to remove the same at any time without Licensor's consent. Licensee shall promptly repair any and all damage to the Premises and the Land caused by the removal to the satisfaction of Licensor. b. Licensor acknowledges that Licensee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Licensee's Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Licensor: (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any License Fee due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. Licensee shall promptly repair any and all damage to the Premises and the Land caused by the removal to the satisfaction of Licensor. 19. Miscellaneous. a. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth in this Agreement. Any amendments to this Agreement must be in writing and executed by both parties. b. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. C. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. d. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. e. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. 10 Los Angeles City of Diamond Bar (Summitridge) CA -71.64C (Pantera Park) f. The Licensee shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the Premises. The Licensee shall be liable for all violations of the law in connection with this Agreement. g_ All Exhibits attached hereto are material parts of this Agreement. h. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. i. Upon request, either party may require that a Memorandum of License be recorded in the form of Exhibit B. Upon the expiration or earlier termination of this Agreement, Licensee shall record a Memorandum of Termination in the official records of the County of Los Angeles Recorder's office. IN WITNESS THEREOF, the parties have executed this Agreement as of the date first above written. LICENSOR CITY OF DIAMOND BAR, a California municipal corporation IN Name: Linda C. Lo Title: City Manager Date: Tax ID#: LICENSEE NEXTEL OF CALIFORNIA, INC., a Delaware corporation By: _ Name: Title: Date: City of Diamond Bar (Summitridge) STATE OF CALIFORNIA COUNTY OF LOS ANGELES Los Angeles CA -7164C (Pantera Park) On , 2006 before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF — COUNTY OF On , 2006 before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public 12 City of Diamond Bar (Summitridge) EXHIBIT A-1 DESCRIPTION OF LAND Los Angeles CA -7164C (Pantera Park) The real property situated in the County of Los Angeles, State of California, particularly described as: City of Diamond Bar (Summitridge) EXHIBIT A-2 DESCRIPTION OF PREMISES The Site Plans, consisting of one (1) page are attached. Los Angeles CA -7164C (Pantera Park) Notes: 1. This exhibit may be replaced by architectural and engineering drawings of the Premises once they are received by Licensee and agreed to by both parties. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. 3. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, and mounting positions may vary from what is shown above. 14 City of Diamond Bar (Summitridge) EXHIBIT B RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: Nextel of California, Inc. 310 Commerce, Suite 100 Irvine, CA. 92602-1300 Attention: Property Manager Los Angeles CA -7164C (Pantera Park) MEMORANDUM OF LICENSE AGREEMENT THIS MEMORANDUM OF LICENSE AGREEMENT ("Memorandum") is executed as of 2006, by and between City of Diamond Bar ("Licensor"), and Nextel of California, Inc., a Delaware corporation Licensee"). RECITALS WHEREAS, Licensor and Licensee have entered into that certain Wireless Communications Site License Agreement ("Agreement") dated as of , 2006, for the purpose of operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement; and WHEREAS, Licensor and Licensee desire to record notice of the Agreement in the Official Records of Los Angeles County, California; NOW, THEREFORE, in consideration of the foregoing, Licensor and Licensee hereby declare as follows: 1. Demise. The Land which is the subject of the Agreement is described in Exhibit A-1 attached hereto. The portion of the Land licensed to Licensee (the "Premises") is described on Exhibit A-2 attached hereto. Licensor grants to Licensee a non-exclusive easement for site access and utilities as described in Exhibit A-2. 2. Expiration Date. The term of the Agreement ("Term") is for five (5) years commencing on or upon the start of construction of Licensee's Facilities or eighteen (18) months after the full execution of the Agreement, whichever occurs first ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew. 3. Agreement Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. 19 Ci or Diamond Bar (Summitridge) Los Angeles CA -7164C (Pantera Park) ty IN WITNESS WHEREOF, Licensor and Licensee have executed this Memorandum as of the date and year first written above. Dated: ,2006 LICENSOR: CITY OF DIAMOND BAR, a California municipal corporation By: Linda C. Lowry City Manager LICENSEE: Dated: ,2006 NEXTEL OF CALIFORNIA, INC., a Delaware corporation M. Name: Title: City of Diamond Bar (Summitridge) STATE OF CALIFORNIA COUNTY OF LOS ANGELES Los Angeles CA -7164C (Pantera Park) On , 2006 before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF COUNTY OF On , 2006 before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public 20 Los Angeles City of Diamond Bar (Summitridge) CA -7164C (Pantera Park) EXHIBIT A-1 to Memorandum of License Agreement dated ,2006 DESCRIPTION OF LAND The real property situated in the County of Los Angeles, State of California, particularly described as: Description of Land: Los Angeles City of Diamond Bar (Summitridge) CA -7164C (Pantera Park) EXHIBIT A-2 to Memorandum of License Agreement dated ,2006 DESCRIPTION OF PREMISES The Site Plans, consisting of ` pages are attached. Los Angeles Site Number: IE04640A Site Name: SBI52 Summit Ridge Park WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT THIS COMMUNICATIONS SITE LICENSE AGREEMENT (this "Agreement") is entered into this day of 2006, by and between the CITY OF DIAMOND BAR, a California municipal corporation ("Licensor" or "City"), and OMNIPOINT COMMUNICATIONS INC., a Delaware corporation, a subsidiary of T -Mobile USA Inc., a Delaware corporation ("Licensee"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. I. Premises. a. Licensor owns the real property located at 1425 Summitridge Drive in the City of Diamond Bar, County of Los Angeles, commonly known as Summit Ridge Park, which is more particularly described in Exhibit A-1 attached hereto and incorporated herein by this reference ("Land"). Subject to the following terms and conditions, Licensor grants to Licensee, along with Nextel of California, Inc., a Delaware corporation pursuant to a separate License Agreement, the exclusive right to use approximately one thousand (1000) square feet of the Land for Licensee's equipment (the "Equipment Space") and space on the monopole for Licensee's antennas, coax, cables, and other appurtenances (the "Antenna Space"), including applicable non-exclusive easements for access to and from the nearest public right-of-way and easements for utility wires, poles, cables, conduits, and pipes between the Equipment Space and the Antenna Space and over, under, or along a right-of-way to the nearest appropriate utilities provider, all as substantially described and/or shown in Exhibit A-2 attached hereto and incorporated herein by this reference ("Premises"), to erect, maintain and operate mobile/wireless communication facilities. b. Licensee acknowledges that Licensor will deliver the Premises in "as is" condition, without warranty, express or implied, as to its condition or usability, except as otherwise expressly set forth in this Agreement. C. While Licensee's use of the Premises is exclusive, Licensee's use of the Land is non-exclusive as more particularly set forth in Section 12(c) below. 2. Use. The Premises may be used by Licensee for any lawfully permitted and licensed activity in connection with the provisions of mobile/wireless communications services, including the transmission and the reception of radio communication signals on various frequencies and the construction, maintenance, and operation of related communication facilities. Licensor agrees to cooperate with Licensee, at Licensee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Licensee's intended use of the Premises. 3. Conditions Precedent. This Agreement is conditioned upon Licensee receiving a license from the Federal Communications Commission ("FCC") and obtaining all governmental permits and approvals, including that of Licensor (collectively, the "Governmental Approvals"), enabling Licensee to construct and operate the Licensee's Facilities where the Premises are located. If Licensee does not receive all of the Governmental Approvals, or the Agreement is terminated in accordance with Section 10 (a) (ii), this Agreement shall be null and void and of no force or effect and Licensee shall pay Licensor One Thousand and 001100 Dollars ($1,000.00) for reimbursement of costs of document preparation and administration time associated with this Agreement. Site Number: TE04640A Los Angeles Site Name: SB152 Summit Ridge Park 4. Term. The term of this Agreement ("Term") shall be five (5) years commencing on the first day of the month in which Licensee commences construction of the Licensee's Facilities on the Premises, or six (6) months after both parties have executed this Agreement, whichever is earlier ("Commencement Date"). Licensee shall have the right to extend the Term of this Agreement for five (5) additional terms (, Renewal Term) of five (5) years each. Each Renewal Term shall be on the same terms and conditionsas set forth herein. This Agreement shall automatically be extended for each successive five (5) year Renewal Term unless Licensee notifies Licensor in writing of Licensee's intention not to extend this Agreement at least sixty (60) days prior to the expiration of the first five (5) year Term or any Renewal Term. The Term and all Renewal Terms shall collectively be referred to hereafter as the "License Term." This license agreement is irrevocable except pursuant to the terms of this Agreement. 5. License Fee. a. Within thirty (30) calendar days after the Commencement Date and on the first day of each month thereafter, Licensee shall pay Licensor, as a fee for the use and occupancy of the Premises, the sum of Two Thousand and 001100 Dollars ($2,000.00) ("License Fee") per month. The License Fee shall be payable on the first day of each month, in advance, to Licensor or Licensor's payee as specified in Section 16, Notices. Payment shall be prorated for the final fractional month, if any, of this Agreement, or if this Agreement is terminated before the expiration of any month for which the Licensee Fee should have been paid. b. License Fee Adjustment - The parties agree that the Annual Rent shall be adjusted annually throughout the term of the Lease on each anniversary of the Commencement Date (or the first day of the month in which such anniversary occurs) beginning as of the first anniversary of the Commencement Date by the lesser of: (a) three percent (3 %) or (b) the percentage change in the most recent published Consumer Price Index (1982-84=100) Urban Wage Earners and Clerical Workers - Los Angeles, Anaheim, Riverside ("Index") compared to the Index published twelve (12) months earlier. If the Index is discontinued or changed so that it is impossible to obtain a continuous measurement of price changes, the Index shall be replaced by a comparable government index. 6. Improvements. a. During the License Term, Licensee has the right at its sole cost and expense to construct, maintain and operate on the Premises radio communications facilities, including equipment shelter, cabinets, equipment racks, cables, conduits, radios, antennas, antenna support structures, and necessary related facilities (collectively known as "Licensee's Facilities") as generally shown on Exhibit A-2 attached hereto and incorporated herein by this reference. b. In connection therewith, Licensee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Licensee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. Plans and specifications for such work by Licensee shall require prior written approval of Licensor before work may begin; provided, however, that Licensee's Facilities depicted on Exhibit A-2 are hereby approved. Such approval shall not be unreasonably withheld or delayed. All of Licensee's construction and installation work shall be performed at Licensee's sole cost and expense by licensed and bondable contractors in a good and workmanlike manner and shall not interfere with Licensor's facilities and operations. Any work performed by Licensee outside the Premises shall be subject to reasonable inspection and scheduling by Licensor. Title to the Licensee's Facilities and any equipment placed on Site Number: IE04640A Los Angeles Site Name: SBI52 Summit Ridge Park the Premises by Licensee shall be held by Licensee. All of Licensee's Facilities shall remain the property of Licensee and are not fixtures. Licensee shall remove all of the Licensee's Facilities from the Premises in accordance with the provisions of Section 6(c) below. Failure by Licensee to remove Licensee's Facilities may result in title to Licensee's Facilities transferring to Licensor as provided in Section 6(c) below. c. Within ninety (90) days following the expiration or earlier termination of this Agreement for any reason, Licensee shall remove, at its sole expense, all of the Licensee's Facilities both above ground and below ground to a depth of one (1) foot placed on the Premises and restore the Premises to the pre -installation condition (reasonable wear and tear and damages due to causes beyond the control or without the fault or neglect of Licensee excepted). Should Licensee fail to remove the Licensee's Facilities after thirty (30) days notice to Licensee and to Licensee's financing entity, title to all Licensee's Facilities, Section 6(b) above notwithstanding, shall transfer to Licensor who shall remove and dispose of the Licensee's Facilities in a reasonable manner at the expense of Licensee. The address for Licensee's financing entity is: d. Licensee shall have the right to install utilities, at Licensee's expense, and to improve the present utilities on or near the Premises. Any encroachment necessary for such utility service will be at a location acceptable to Licensor and the servicing utility. Licensor will cooperate with Licensee in Licensee's efforts to obtain utilities from any location provided by Licensor or the servicing utility, including signing any easement or other instrument reasonably required by the utility company; provided, however, that Licensor shall not incur any costs related to compliance with this provision. Licensee shall at no time acquire any property interest in any of the Land. e. Licensee shall fully and promptly pay for all utilities furnished to the Premises for its use throughout the term of this Agreement, and all other costs and expenses incurred by Licensee in connection with Licensee's use, operation and maintenance of the Premises. f. Licensor hereby reserves and Licensee hereby grants to Licensor the right at no expense to Licensor to attach to Licensee's Facilities and to its electrical utility source wireless internet antennas in connection with a municipal or municipally franchised wireless network. Licensor shall provide their own equipment, install such equipment, and obtain all governmental permits and approvals that may be required for Licensor's intended use, at Licensor's cost. Licensor shall install their equipment at a location and manner suitable for its intended purpose as determined by Licensee in its reasonable discretion and so as not to interfere with the operation of Licensee's Facilities. Licensor shall use reasonable best efforts to obtain its own electrical meter and service from the utility company. If Licensor is unable to obtain its own service and needs to use Licensee's utilities, then Licensor shall reimburse Licensee for such use. 7. Access. Licensee shall have the right but not the obligation at any time following the full execution of this Agreement and prior to the Commencement Date to enter the Premises for the purpose of making necessary engineering surveys, inspections, and tests where applicable, for the purpose of determining the suitability of the Premises for Licensee's Facilities (as defined herein) for mobile/wireless communications operations and for the purpose of construction of the Licensee's Facilities. During any pre -construction work and construction work, Licensee shall have insurance as set forth in Section 13, and will notify Licensor of any proposed construction work and will coordinate the scheduling of same with Licensor. if Licensee determines that the Premises are unsuitable for Licensee's contemplated use, then Licensee shall notify Licensor and this Agreement will terminate in accordance with Section 10 (a) (ii). Licensor at no time warrants or guarantees the suitability of the Site Number: IE04640A Los Angeles Site Name: SB152 Summit Ridge Park. Premises for Licensee's intended use. Licensee shall have 24 -hours -a -day, 7 -days -a -week access to the Premises at all times during the License Term at no additional charge to Licensee. 8. Interference. a. Licensee shall operate Licensee's Facilities in a manner that will not cause signal interference to Licensor and other authorized users of the Premises that pre -date the installation of Licensee's Facilities. In the event such signal interference should occur, all costs to remedy the interference shall be borne by Licensee. Pre-existing communication system operations/operators operating in the same manner as on the Commencement Date shall not be deemed an interference to Licensee. All operations by Licensee shall be in compliance with all federal, state and local non- interference regulations including but not limited to, those of the FCC. b. If requested by authorized operators, Licensee shall provide initial proof of compliance with original transmission tolerance and interference analysis by a certification through an independent source. C. Subsequent to the installation of Licensee's Facilities, Licensor shall not permit or suffer the use of the Premises and those of its co -locator, Nextel of California Inc., a Delaware corporation, or the installation of any future equipment which results in technical interference problems with the communications operations of Licensee as described in Section 2 above, with the exception of emergency interference. Licensor agrees to take all reasonable steps necessary to eliminate such interference with the understanding that any interference caused or related to emergency construction or repair of Licensor's facilities shall terminate at the conclusion of the emergency situation. d. The parties acknowledge that any continuing non -emergency interference to the Licensee's Facilities will cause injury to Licensee, and therefore, Licensee shall have the right to bring action to enjoin such interference or terminate the Agreement immediately upon notice to Licensor. 9. Taxes. This Agreement may create a taxable property interest in the Premises. Licensee shall pay all personal property taxes, possessory interest taxes and assessments attributable to Licensee's Facilities levied by any legal authority. 10. Termination. a. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: By either party upon a default of any covenant, condition or term herein by the other party, which default is not cured within thirty (30) days of receipt of written notice of default, provided that the grace period for any monetary default is only ten (10) days from receipt of notice. No default will be deemed to exist if Licensee has commenced to cure such default within such period and provided that such efforts are brought to completion with reasonable diligence; or ii. By Licensee prior to Commencement Date for any reason or for no reason, provided Licensee delivers written notice of early termination to Licensor no later than thirty (30) days prior to the Commencement Date; Site Number. IE04640A Site Name. SB152 Summit Ridge Park Los Angeles and forfeits and/or pays to Licensor $1,000 for reimbursement of costs of document preparation and administrative time associated with this Agreement; or iii. By Licensee after Commencement Date for any reason or for no reason, provided Licensee delivers written notice of early termination to Licensor no later than sixty (60) days prior to termination and pays to Licensor and pays to Licensor the rent remaining for the year in which termination is requested; or iv. In the absence of any breach of this Agreement by Licensee, Licensor shall have the right after the initial Tenn and the first Renewal Term (ten (10) years total) to unilaterally to terminate this Agreement without liability with two (2) years' prior written notice of termination to Licensee if Licensor determines that the Premises are not appropriate for use by Licensee due to economic, environmental, technological reasons or upon a finding by Licensor's City Council that the Premises are needed to provide for the health, safety, or welfare of the residents and businesses in the City. b. If Licensor elects to terminate this Agreement pursuant to Section 10(a)(iv), Licensor, in good faith, must use its best efforts to accommodate Licensee and allow Licensee to relocate Licensee's Facilities to an alternative site on the Land or other property owned by Licensor, provided such space is available and is suitable for communication system operations. Licensee shall have two years from the date of notice as provided in Section 10(a)(iv) to relocate Licensee's Facilities to the site made available by Licensor. All costs and expenses arising out of or associated with such relocation shall be bome by Licensee; provided, however, should relocation occur more than once in any given five year period, Licensor shall bear the costs and expenses of relocation for each relocation after the first. Should Licensee fail to relocate its Facilities within the two year period, the Agreement shall terminate at the end of the two year period. 11. Destruction or Condemnation. a. If the Premises or Licensee's Facilities are damaged, destroyed or condemned by other than an act of the Licensee, Licensee may elect to terminate this Agreement as of the date of the damage, destruction or condemnation by giving notice to Licensor no more than forty-five (45) days following the date of such damage, destruction or condemnation and all rights and obligations of the parties which do not survive the termination of this Agreement shall cease as of the date of the damage, destruction or condemnation. If Licensee chooses not to terminate this Agreement, the License Fee shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises for a period not to exceed one hundred twenty (120) days. Licensor reserves the right to audit Licensee's reduction or abatement request. b. In any condemnation proceeding, each party shall be entitled to make a claim against the condemning authority for just compensation (which for Licensee shall include, but is not limited to, the value of Licensee's Facilities, moving expenses, pre -paid rent, reasonable attorneys' fees, and business dislocation expenses). Site Number: IE04640A Site Name: SB152 Summit Ridge Park 12. Assignment and Subletting. Los Angeles a. Licensor may assign or otherwise transfer its interest in this Agreement upon written notice to Licensee, subject to the assignee or transferee assuming all of Licensor's obligations herein. b. Licensee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Licensor. Any such assignee or transferee shall agree in writing to assume and perform all of the terms and conditions of this Agreement on Licensee's part to be performed from and after the effective date of such assignment or transfer. Licensor's consent will not be unreasonably withheld or delayed by Licensor; provided, however, Licensee may assign its interest to Licensee's parent company, any subsidiary or affiliate of Licensee or of its parent company or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of Licensee's stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Section 18 below. Notwithstanding anything to the contrary contained in this Agreement, Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Licensee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. C. Licensor reserves the right to lease portions of the Land to other interested communication system operators that may be in competition with Licensee for purposes of mobile/wireless communication services; provided, however, that such other leases must provide that the operation of the other communication facilities will not result in technical interference problems with the Licensee's Facilities. Licensee acknowledges that concurrent with the execution of this Agreement, Licensor is executing a License Agreement with Los Angeles SMSA Limited Partnership, dba Verizon Wireless, Nextel of California, INC., a Delaware Corporation, and New Cingular Wireless PCS, LLC, a Delaware limited liability company for the use of the Land for mobile/wireless communication facilities, and further acknowledges that these facilities will not interfere with Licensee's operations. d. Licensee shall not sublease the Premises, or any portion thereof, to any other person or entity, including, but not limited to any other communication system operator. Any such purported sublease shall be void and of no effect. 13. Insurance. During the License Term, and thereafter until the removals required under Section 6(c) are complete, and prior to the Commencement Date if Licensee enters the Land under Section 7(a), Licensee shall maintain at its own expense the following: a. Without limiting Licensee's indemnification obligations set forth in Sectionl4(a) below, Licensee shall provide and maintain at its own expense during the License Term, the following programs of insurance covering its operations hereunder. Such insurance shall be provided by companies with an A.M. Best rating of not less than A -,VII and proof of such programs shall be delivered to Licensor prior to any entry by Licensee onto the Land and/or the Premises. Proof of insurance evidencing coverage shall name Licensor, its officers, agents, and employees as additional insured with respect to Licensee's operations under this Agreement. Such evidence shall specifically identify this Agreement. Site Number: 1E04640A Site Name: SB152 Summit Ridge Park Los Angeles 1. Liability: Such insurance shall be primary to and non-contributory with any other insurance maintained by Licensor and shall name Licensor, its officers, agents, and employees as additional insured, and shall include: Comprehensive General Liability Insurance endorsed for Premises -Operations, Products/Completed Operations, Contractual, Broad Form Property Damage, and Personal Injury with a combined single limit of not less than One Million and 001100 Dollars ($1,000,000.00) per occurrence. If the above insurance is written on a Claims Made Form, such insurance shall be endorsed to provide an extended reporting period of not less than five (5) years following termination of the policy. 2. Auto: Comprehensive Auto Liability Insurance endorsed for all owned, non -owned and hired vehicles with a combined single limit of at least One Million and 001100 Dollars ($1,000,000.00) per occurrence. 3. Workers' Compensation: A program of Workers' Compensation Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability Insurance with Two Hundred Fifty Thousand and 00/100 Dollars ($250,000.00) limits, covering all persons providing services on behalf of Licensee and all risks to such persons under this Agreement. Licensee may provide, if applicable, a Certificate of Consent to Self -insure, issued by the Director of Industrial Relations of the State of California. Should Licensee utilize the self-insurance provision set forth in this paragraph, and Licensee's Certification of Consent to Self -insure expires or is revoked, Licensee shall be required to provide a program of Workers Compensation Insurance upon said expiration or revocation. b. Licensee shall furnish Licensor with proof of insurance that said policies required by Subsection a of this Section 13 are in force. C. Licensee shall comply with the aforementioned provisions of this Section, and any such operations shall be suspended during any period that Licensee fails to maintain said policies in full force and effect. 14. Indemnification. a. To the fullest extent permitted by law, Licensee shall indemnify and hold harmless and defend Licensor, its directors, officers, employees, agents or volunteers, and each of them from and against: (i) Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of defending against such claims by counsel reasonably acceptable to Licensor), in law or in equity, of every kind and nature whatsoever for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees, agents or volunteers of Licensor or Licensee, and damages to or destruction of property of any person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees, agents or volunteers, to the extent caused by the negligent acts, errors or omissions or willful misconduct of Licensee, but except to the extent caused by the negligence, willful Site Number: IE04640A Site Name: SB152 Summit Ridge Park Los Angeles misconduct or active negligence of Licensor or its directors, officers, employees, agents or volunteers. (ii) Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, to the extent caused by the violation of any governmental law or regulation by Licensee. (iii) Any and all losses, expenses, damages (including damage to the work itself), attorney's fees and other costs, including all costs of defense, which any of them may incur to the extent caused by Licensee's failure, neglect, or refusal by Licensee to faithfully perform all of its obligations under this Agreement. Licensee agrees to carry insurance for this purpose as set out in the specifications. Licensee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Licensor, or its directors, officers, employees or volunteers. b. Licensor shall indemnify, defend and hold harmless Licensee, its directors, officers, employees, or volunteers, and each of them from and against any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of defending against such claims), in law or in equity, of every kind and nature whatsoever for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees or volunteers of Licensor or Licensee, and damages to or destruction of property of any person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees or volunteers, to the extent caused by the negligent acts, errors or omissions or willful misconduct of Licensor, but except to the extent caused by the sole negligence, willful misconduct or active negligence of Licensee or its directors, officers, employees, agents or volunteers. C. The foregoing indemnities will survive the expiration or earlier termination of this Agreement. 15. Safety and Environmental Protection. The Licensee shall operate and maintain the Premises so as to avoid injury or damage to any person or property. In carrying out its work, the Licensee shall at all times, exercise all necessary precautions for the safety and environmental protection of the Premises, and be in compliance with all federal, state and local statutory and regulatory requirements including State of California, Division of Industrial Relations (Cal/OSHA) regulations, Ca1BPA, USIEPA and the U.S. Department of Transportation including the Omnibus Transportation Employee Testing Act (as applicable). The Licensee shall not use or allow anyone else to use the Premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous material, other than as reasonably necessary for the operation of the Licensee's activities as contemplated under this Agreement. The term "hazardous material" means any hazardous substance, material or waste, including but not limited to those listed in 49 CFR 172.101 (U.S. Department of Transportation), the Cal/EPA Chemical Lists of lists or petroleum products and their derivatives. However, this shall not apply to the use of petroleum products and related substances incidental to operation of motorized equipment and vehicles whose operation on the Premises is contemplated by this Agreement. Site Number: IE04640A Los Angeles Site Name: SB152 Summit Ridge Parr The Licensee shall immediately notify the Licensor in writing upon becoming aware of any release of hazardous material, violation of any environmental law or actions brought by third parties against the Licensee alleging environmental damage. a. Licensee shall identify by a sign in letters no greater than YZ inch in height permanently affixed to Licensee's Facilities the responsible party to notify in case of emergency or maintenance, but no other signs are permitted on the Premises or Licensee's Facilities unless such signs are required by any federal, state or local law. b. Licensor represents that neither Licensor nor, to Licensor's knowledge (without having researched the matter) a third party has used, generated, stored, treated or disposed of hazardous materials, as defined above, on the Land. 16. Notices. Any notice, demand or payment required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courier to the address of the respective parties set forth below: Licensor: City of Diamond Bar Licensee: T -Mobile USA, Inc. 21825 Copley Drive 12920 SE 38th Street Diamond Bar, CA 91765 Bellevue, WA 98006 Attn: City Manager Attn: PCS Lease Administrator With a copy to: Attn: Legal Dept. SITE # : IE04640A, SB152 Summit Ridge Park With a copy to: Omnipoint Communications, Inc. a subsidiary of T -Mobile, USA, Inc. 3 Imperial Promenade, Suite 1100 Santa Ana, CA 92707 Attn: Lease Administration Manager SITE # : IE04640A, SB152 Summit Ridge Park 17. Attorney's Fees. a. In the event legal action by either party is brought to enforce any term hereof or in the recovery of damages for any breach hereof, or to determine any rights of the parties under this Agreement, the prevailing party in such actions may recover reasonable attorney's fees to be fixed by the court. b. When any provision of this Agreement entitles either party to receive costs or expenses from the other, the term costs and expenses shall include reasonable attorney's fees incurred, notwithstanding any reference or lack of reference to attorney's fees. When any article or provision of this Agreement provides that Licensee will hold Licensor harmless from claims, Licensee shall pay all of Licensor's reasonable attorney's fees incurred in investigating and defending such claims. 18. Waiver of Licensor's Lien. a. Licensor waives any lien rights it may have concerning the Licensee's Facilities which are deemed Licensee's personal property and not fixtures, and Licensee has the right to remove the same at any time without Licensor's consent. Licensee shall promptly repair any and all damage to the Site Number: fE04640A Los Angeles Site Name: SB152 Summit Ridge Park Premises and the Land caused by the removal to the satisfaction of Licensor (reasonable wear and tear and damages due to causes beyond the control or without the fault or neglect of Licensee excepted). b. Licensor acknowledges that Licensee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Licensee's Facilities (the "Collateral") with a third parry financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Licensor: (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any License Fee due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. Licensee shall promptly repair any and all damage to the Premises and the Land caused by the removal to the satisfaction of Licensor (reasonable wear and tear and damages due to causes beyond the control or without the fault or neglect of Licensee excepted). 1.9. Miscellaneous. a. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth in this Agreement. Any amendments to this Agreement must be in writing and executed by both parties. b. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. C. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. d. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. C. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. f. The Licensee shall give all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the Premises. The Licensee shall be liable for all violations of the law caused by Licensee in connection with this Agreement. g. All Exhibits attached hereto are material parts of this Agreement. h. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. i. Upon request, either party may require that a Memorandum of License be recorded in the form of Exhibit B. Upon the expiration or earlier termination of this Agreement, Licensee shall record a Memorandum of Termination in the official records of the County of Los Angeles Recorder's office. 10 Site Number: IE04640A Site Name: SB152 Summit Ridge Park *** SIGNATURES ON FOLLOWING PAGE*** Los Angeles Site Number: IE04640A Site Name: SBI52 Summit Ridge Park written. Los Angeles IN WITNESS THEREOF, the parties have executed this Agreement as of the date first above LICENSOR CITY OF DIAMOND BAR, a California municipal corporation Linda C. Lowry Title: City Manager Date: 12 LICENSEE OMNIPOINT COMMUNICATIONS INC., a Delaware corporation, a subsidiary of T -Mobile USA Inc., a Delaware corporation LIN Raj Tank Title: Area Director Date: Site Number: IE04640A Site Name: SBI52 Summit Ridge Park STATE OF CALIFORNIA COUNTY OF LOS ANGELES Los Angeles On , 2006 before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA COUNTY OF ORANGE On , 2006 before me, personally appeared 'personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public Site Number: IE04640A Los Angeles Site Name: SB152 Summit Ridge Park EXHIBIT A -I DESCRIPTION OF LAND The real property situated in Los Angeles County, State of California, particularly described as: Site Number: TE04640A Site Name: SB152 Summit Ridge Park EXHIBIT A-2 DESCRIPTION OF PREMISES The Site Plans, consisting of pages are attached Los Angeles Notes: 1. This exhibit may be replaced by architectural and engineering drawings of the Premises once they are received by Licensee and agreed to by both parties. I Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities. Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, and mounting positions may vary from what is shown above. M Site Number: IE04640A Site Name: SB152 Summit Ridge Park EXHIBIT B RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: Omnipoint Communications Inc. 3 Imperial Promenade, Suite 1100 Santa Ana, CA 92707 Attn: Lease Administration SITE 9: IE04640A, SBI52 Summit Ridge Park MEMORANDUM OF LICENSE AGREEMENT Los Angeles THIS MEMORANDUM OF LICENSE AGREEMENT ("Memorandum") is executed this _ day of 200_, by and between City of Diamond Bar ("Licensor"), and OMNIPOINT COMMUNICATIONS INC., a Delaware corporation, a subsidiary of T -Mobile USA Inc., a Delaware corporation ("Licensee"). RECITALS WHEREAS, Licensor and Licensee have entered into that certain Wireless Communications Site License Agreement ("Agreement") dated as of , for the purpose of operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement; and WHEREAS, Licensor and Licensee desire to record notice of the Agreement in the Official Records of Los Angeles County, California; NOW, THEREFORE, in consideration of the foregoing, Licensor and Licensee hereby declare as follows: 1. Demise. The Land which is the subject of the Agreement is described in Exhibit A -I attached hereto. The portion of the Land licensed to Licensee (the "Premises") is described on Exhibit A-2 attached hereto. Licensor grants to Licensee a non-exclusive easement for site access and utilities as described in Exhibit A-2. 2. Expiration Date. The term of the Agreement ("Term") is for five (5) years commencing on or upon the start of construction of Licensee's Facilities or eighteen (18) months after the full Site Number: TE04640A Los Angeles Site Name: SB152 Summit Ridge Park execution of the Agreement, whichever occurs first ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew. 3. Agreement Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. IN WITNESS WHEREOF, Licensor and Licensee have executed this Memorandum as of the date and year first written above. LICENSOR CITY OF DIAMOND BAR, a California municipal corporation LIM Linda C. Lowry Title: City Manager Date: LICENSEE OMNIPOINT COMMUNICATIONS INC., a Delaware corporation, a subsidiary of T -Mobile USA Inc., a Delaware corporation Raj Tank Title: Area Director Date: Site Number: IE04640A Site Name: SR152 Summit Ridge Park STATE OF CALIFORNIA COUNTY OF LOS ANGELES Los Angeles On , 2005 before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA COUNTY OF ORANGE On , 2005 before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public Site Number: IE04640A Los Angeles Site Name: SB152 Summit Ridge Park EXHIBIT A-1 to Memorandum of License Agreement dated DESCRIPTION OF LAND The real property situated in Los Angeles County, State of California, particularly described as: Description of land - Site Number: IE04640A Site Name: SB152 Summit Ridge Park EXHIBIT A-2 to Memorandum of License Agreement dated DESCRIPTION OF PREMISES The Site Plans, consisting of pages are attached Los Angeles Verizon Wireless: Grand DAC SumFnitridge Park WIRELESS COMMUNICATIONS SITE LICENSE AGREEMENT THIS COMMUNICATIONS SITE LICENSE AGREEMENT (this "Agreement") is entered into this day of 2006, by and between the CITY OF DIAMOND BAR, a California municipal corporation ("Licensor" or "City"), and LOS ANGELES SMSA LIMITED PARTNERSHIP, dba Verizon Wireless ("Licensee"). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows. 1. Premises. a. Licensor owns the real property located at 1425 Summtiridge Drive in the City of Diamond Bar, County of Los Angeles, commonly known as Summitridge Park, which is more particularly described in Exhibit A-1 attached hereto and incorporated herein by this reference ("Land"). Subject to the following terms and conditions, Licensor grants to Licensee, along with New Cingular Wireless PCS, LLC, a Delaware limited liability company pursuant to a separate License Agreement, the exclusive right to use approximately three hundred eighty (380) square feet of the Land for Licensee's equipment (the "Equipment Space") and approximately one thousand (1,000) square feet of the Land ("Cingular's Space"), including applicable non-exclusive easements for access to and from the nearest public right-of-way and easements for utility wires, poles, cables, conduits, and pipes between the Equipment space and Cingular's Space and over, under, or along a right-of-way to the nearest appropriate utilities provider, all as substantially described and/or shown in Exhibit A-2 attached hereto and incorporated herein by this reference ("Premises"), to erect, maintain and operate mobile/wireless communication facilities. b. Licensee acknowledges that Licensor will deliver the Premises in "as is" condition, without warranty, express or implied, as to its condition or usability, except as otherwise expressly set forth in this Agreement. C. While Licensee's use of the Premises is exclusive, Licensee's use of the Land is non-exclusive as more particularly set forth in Section 12(c) below. 2. Use. The Premises may be used by Licensee for any lawfully permitted and licensed activity in connection with providing of mobile/wireless communications services, including the transmission and the reception of radio communication • signals on various frequencies and the construction, maintenance, and operation of related communication facilities. Licensor agrees to cooperate with Licensee, at Licensee's expense, in making application for and obtaining all licenses, permits and any and all other necessary approvals that may be required for Licensee's intended use of the Premises. 3. Conditions Precedent. Verizon Wireless: Grand Qne Summitridge Park This Agreement is conditioned upon Licensee receiving a license from the Federal Communications Commission ("FCC") and obtaining all governmental permits and approvals, including that of Licensor (collectively, the "Governmental Approvals"), enabling Licensee to construct and operate the Licensee's Facilities where the Premises are located. If Licensee does not receive all of the Governmental Approvals, or the Agreement is terminated in accordance with Section 10 (a) (ii), this Agreement shall be null and void and of no force or effect and Licensee shall pay Licensor One Thousand and 001100 Dollars ($1,000.00) for reimbursement of costs of document preparation and administration time associated with this Agreement. 4. Term. The term of this Agreement ("Term") shall be five (5) years commencing on the first day of the month in which Licensee commences construction of the Licensee's Facilities on the Premises, or the first day of the month that is eighteen (18) months after both parties have executed this Agreement, whichever is earlier ("Commencement Date"). Licensee shall have the right to extehd the Term of this Agreement for five (5) additional terms ("Renewal Term") of five (5) years each. Each Renewal Term shall be on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive five (5) year Renewal Term unless Licensee notifies Licensor in writing of Licensee's intention not to extend this Agreement at least sixty (60) days prior to the expiration of the first five (5) year Term or any Renewal Term. The Term and all Renewal Terms shall collectively be referred to hereafter as the "License Term." 5. License Fee. a. Within fifteen (15) business days after the Commencement Date and on the first day of each month thereafter, Licensee shall pay Licensor, as a fee for the use and occupancy of the Premises, the sum of Two Thousand and 001100 Dollars ($2,000.00) ("License Fee") per month. The License Fee shall be payable on the first day of each month, in advance, to Licensor or Licensor's payee as specified in Section 16, Notices. Payment shall be prorated for the final fractional month, if any, of this Agreement, or if this Agreement is terminated before the expiration of any month for which the Licensee Fee should have been paid. b. Limited CPI Adjustment - The parties agree that the Annual License Fee shall be adjusted annually throughout the term of the Lease on each anniversary of the Commencement Date (or the first day of the month in which such anniversary occurs) beginning as of the first anniversary of the Commencement Date by the lesser of: (1) three percent (3 %) or (b) the percentage change in the most recent published Consumer Price Index (1982-84=100) Urban Wage Earners and Clerical Workers - Los Angeles, Anaheim, Riverside ("Index") compared to the Index published twelve (12) months earlier. If the Index is discontinued or changed so that it is impossible to obtain a continuous measurement of price changes, the Index shall be replaced by a comparable government index. 6. Improvements. a. During the License Term, Licensee has the right at its sole cost and expense to construct, maintain and operate on the Premises radio communications facilities, including equipment shelter, cabinets, equipment racks, cables, conduits, radios, antennae, antenna support Verizon Wireless: Grand on Sammitridge Park structures, and necessary related facilities (collectively known as "Licensee's Facilities") as generally shown on Exhibit. A-2 attached hereto and incorporated herein by this reference. b. in connection therewith, Licensee has the right to do all work necessary to prepare, add, maintain and alter the Premises for Licensee's communications operations and to install utility lines and transmission lines connecting antennas to transmitters and receivers. Plans and specifications for such work by Licensee shall require prior written approval of Licensor before work may begin; provided, however, that Licensee's Facilities depicted on Exhibit A-2 are hereby approved. Such. approval shall not be unreasonably withheld or delayed. All of Licensee's construction and installation work shall be performed at Licensee's sole cost and expense by licensed and bondable contractors in a good and workmanlike manner and shall not interfere with Licensor's facilities and operations. Any work performed by Licensee outside the Premises shall be subject to reasonable inspection and scheduling by Licensor. Title to the Licensee's Facilities and any equipment placed on the Premises by Licensee shall be held by Licensee. All of Licensee's Facilities shall remain the property of Licensee and are not fixtures. Licensee shall remove all of the Licensee's Facilities from the Premises in accordance with the provisions of Section 6(c) below. Failure by Licensee to remove Licensee's Facilities may result in title to Licensee's Facilities transferring to Licensor as provided in Section 6(c) below. C. Within ninety (90) days following the expiration or earlier termination of this Agreement for any reason (the "Removal Period"), Licensee shall remove, at its sole expense, all of the Licensee's Facilities both above ground and below ground to a depth of one (1) foot placed on the Premises and restore the Premises to the pre -installation condition (reasonable wear and tear and damages due to causes beyond the control or without the fault or neglect of Licensee excepted). Should Licensee fail to remove the Licensee's Facilities prior to the expiration of the Removal Period and after ten (10) days notice to Licensee, title to all Licensee's Facilities, Section 6(b) above notwithstanding, shall transfer to Licensor who shall at its option retain for itself all Licensee's Facilities not removed or shall remove and dispose of the Licensee's Facilities in a reasonable manner at the expense of Licensee. The address for Licensee's financing entity is: d. Licensee shall have the right to install utilities, at Licensee's expense, and to improve the present utilities on or near the Premises. Any encroachment necessary for such utility service will be at a location acceptable to Licensor and the servicing utility. Licensor will cooperate with Licensee in Licensee's efforts to obtain utilities from any location provided by Licensor or the servicing utility, including signing any easement or other instrument reasonably required by the utility company; provided, however, that Licensor shall not incur any costs related to compliance with this provision. Licensee shall at no time acquire any property interest in any of the Land. e. Licensee shall fully and promptly pay for all utilities furnished to the Premises for its use throughout the term of this Agreement, and all other costs and expenses incurred by Licensee in connection with Licensee's use, operation and maintenance of the Premises. f. Subject to the terms and conditions of this License, Licensee agrees to grant Licensor the right to attach wireless internet antennae to Licensee's monopole and to connect to Licensee's utility source (at the point of connection) in connection with the installation of a municipal or municipally franchised wireless network (collectively, the "Licensor Facilities"). The Licensor Facilities shall be located on one (1) antenna centerline height/ RAD center, shall encompass no more than eight (8) feet of vertical space on such monopole, and shall be subject Verizon Wireless_ Grand Din 5ummitridge Park to Licensee's prior approval, which shall not be unreasonably withheld, of the location, design, installation and construction of the Licensor Facilities. Licensor shall not be charged a fee in connection with the Licensor Facilities, however Licensor shall be responsible for any power consumed by the Licensor Facilities, any other utility charges related thereto and for the cost of installing, maintaining and repairing the Licensor Facilities. Licensor shall maintain the Licensor Facilities in good condition and repair, reasonable wear and tear excepted. 7. Access. a. Licensee shall have the right but not the obligation at any time following the full execution of this Agreement and prior to the Commencement Date to enter the Premises for the purpose of making necessary engineering surveys, inspections, and tests where applicable, for the purpose of determining the suitability of the Premises for Licensee's Facilities (as defined herein) for mobile/wireless communications operations and for the purpose of construction of the Licensee's Facilities. During any pre -construction work and construction work, Licensee shall have insurance as set forth in Section 13 of this Agreement, and will notify Licensor of any proposed construction work and will coordinate the scheduling of same with Licensor. If Licensee determines that the Premises are unsuitable for Licensee's contemplated use, then Licensee shall notify Licensor and this Agreement will terminate in accordance with Section 10 (a) (ii). Licensor at no time warrants or guarantees the suitability of the Premises for Licensee's intended use. b. During the License Term, Licensor shall provide to Licensee, Licensee's employees, agents, contractors, and subcontractors access to the Premises twenty-four (24) hours a day, seven (7) days a week, at no additional charge to Licensee. Licensor represents and warrants it has full rights of ingress and egress to the Premises from a public right-of-way, and hereby grants such rights to Licensee to the extent required to construct, maintain, install, and operate Licensee's Facilities on the Premises and subject to Licensor's rights as provided in the Agreement. Notwithstanding anything to contrary contained in the foregoing, Licensee shall not unreasonably interfere with or impair Licensor's use and enjoyment of the Land and shall comply with any reasonable security measures which Licensor might implement from time to time and of which Licensee is given notice, in its sole but reasonable discretion, with respect to all or any portion of the Land. 8. Interference. a. Licensee shall operate Licensee's Facilities in a manner that will not cause measurable signal interference to Licensor and other authorized users of the Premises that pre -date the installation of Licensee's Facilities. In the event such signal interference should occur, all costs to remedy the interference shall be borne by Licensee. Pre-existing communication system operations/operators operating in the same manner as on the Commencement Date shall not be deemed an interference to Licensee. All operations by Licensee shall be in compliance with all federal, state and local non-interference regulations including but not limited to, those of the FCC. b. Licensee shall provide initial proof of compliance with original transmission tolerance and interference analysis by a certification through an independent source. Verizon Wireless: Grand 9 Summitrrdge Park C. Subsequent to the installation of Licensee's Facilities, Licensor shall not permit or suffer the use of the Premises and those of its co -locator, New Cingular Wireless PCS. LLC, a Delaware limited liability company, or the installation of any future equipment which results in technical interference problems with the communications operations of Licensee as described in Section Z above, with the exception of emergency interference. Licensor agrees to take all reasonable steps necessary to eliminate such interference with the understanding that any interference caused or related to emergency construction or repair of Licensor's facilities shall terminate at the conclusion of the emergency situation. d. The parties acknowledge that any continuing non -emergency interference to the Licensee's Facilities will cause injury to Licensee, and therefore, Licensee shall have the right to bring action to enjoin such interference or terminate the Agreement immediately upon notice to Licensor_ Taxes. This Agreement may create a taxable property interest in the Premises. Licensee shall pay all personal property taxes, possessory interest taxes and assessments attributable to Licensee's Facilities levied by any legal authority. 10. Termination. a. This Agreement may be terminated without further liability on thirty (30) days prior written notice as follows: By either party upon a default of any covenant, condition or term herein by the other party, which default is not cured within thirty (30) days of receipt of written notice of default, provided that the grace period for any monetary default is only ten (10) days from receipt of notice. No default will he deemed to exist if the defaulting party has commenced to cure such default within such period and provided that such efforts are brought to completion with reasonable diligence; or By Licensee prior to the Commencement Date for any reason or for no reason, provided Licensee delivers written notice of early termination to Licensor no later than thirty (30) days prior to the Commencement Date and forfeits and/or pays to Licensor One Thousand and 00/100 Dollars ($1,000.00) for reimbursement of costs of document preparation and administrative time associated with this Agreement; or iii�T Licensee after the Commencement Date__far anv reason or for no reason provided Licensee delivers written notice of early termination to Licensor no later than sixty (60) days prior to termination and pays to Licensor the Licensee Fees remaining for the year in which termination is requested; or iv. In the absence of any breach of this Agreement by Licensee, Licensor shall have the right, after the initial Term and the first Verizon Wireless: Grand Qne Summitridge park Renewal Term (ten (10) years total) to unilaterally terminate this Agreement without liability with two (2) years' prior written notice of termination to Licensee if Licensor determines that the Premises are not appropriate for use by Licensee due to economic, environmental, technological reasons or upon a finding by Licensor's City Council that the Premises are needed to provide for the health, safety, or welfare of the residents and businesses in the City. b. If Licensor elects to terminate this Agreement pursuant to Section 10(a)(iv), Licensor, in good faith, must use its best efforts to accommodate Licensee and allow Licensee to relocate Licensee's Facilities to an alternative site on the Land or other property owned by Licensor, provided such space is available and is suitable for Licensee's communication system operations. Licensee shall have two years from the date of notice as provided in Section 10(a)(iv) to relocate Licensee's Facilities to the site made available by Licensor. All costs and expenses arising out of or associated with such relocation shall be borne by Licensee; provided, however, should relocation occur more than once in any given five year period, Licensor shall bear the costs and expenses of relocation for each relocation after the first. Should Licensee fail to relocate its Facilities within the two year period, the Agreement shall terminate at the end of the two year period. 11. Destruction or Condemnation. a. If the Premises or Licensee's Facilities are damaged, destroyed or condemned by other than an act of the Licensee, Licensee may elect to terminate this Agreement as of the date of the damage, destruction or condemnation by giving notice to Licensor no more than forty-five (45) days following the date of such damage, destruction or condemnation and all rights and obligations of the parties which do not survive the termination of this Agreement shall cease as of the date of the damage, destruction or condemnation. If Licensee chooses not to terminate this Agreement, the License Fee shall be reduced or abated in proportion to the actual reduction or abatement of use of the Premises for a period not to exceed one hundred twenty (120) days. Licensor reserves the right to audit Licensee's reduction or abatement request. b. In any condemnation proceeding, each party shall be entitled to make a claim against the condemning authority for just compensation (which for Licensee shall include the value of Licensee's Facilities, moving expenses, pre -paid License Fee, reasonable attorneys' fees, and business dislocation expenses). 12. Assignment and Subletting. a. Licensor may assign or otherwise transfer its interest in this Agreement upon written notice to Licensee, subject to the assignee or transferee assuming all of Licensor's obligations herein. b. Licensee may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the Premises without the prior written consent of Licensor. Any such assignee or transferee shall agree in writing to assume and perform all of the terms and conditions of this Agreement on Licensee's part to be performed from and after the effective date of such assignment Verizon Wireless: Grand Qne Surnmitridge Park or transfer. Licensor's consent will not be unreasonably withheld or delayed by Licensor; provided, however, Licensee may assign its interest to Licensee's parent company, any subsidiary or affiliate of Licensee or of its parent Fee company or to any successor -in -interest or entity acquiring fifty-one percent (51%) or more of Licensee's stock or assets, subject to any financing entity's interest, if any, in this Agreement as set forth in Section 18 below. Notwithstanding anything to the contrary contained in this Agreement, Licensee may assign, mortgage, pledge, hypothecate or otherwise transfer without notice or consent its interest in this Agreement to any financing entity, or agent on behalf of any financing entity to whom Licensee (i) has obligations for borrowed money or in respect of guaranties thereof, (ii) has obligations evidenced by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect to letters of credit, bankers acceptances and similar facilities or in respect of guaranties thereof. C. Subject to Section 8 above, Licensor reserves the right to lease portions of the Land other than the Premises to other interested communication system operators that may be in competition with Licensee for purposes of mobile/wireless communication services; provided, however, that such other leases must provide that the operation of the other communication facilities will not result in technical interference problems with the Licensee's Facilities. Licensee acknowledges that concurrent with the execution of this Agreement, Licensor is executing a License Agreement with New Cingular Wireless PCS, LLC, a Delaware limited liability company, Nextel of California, INC., a Delaware Corporation, and Omnipoint Communications Inc., a Delaware Corporation, a subsidiary of T -Mobile, USA Inc., a Delaware Corporation for the use of the Land for mobile/wireless communication facilities, and further acknowledges that these facilities will not interfere with Licensee's operations. d. Licensee shall not sublease the Premises, or any portion thereof, to any other person or entity, including, but not limited to any other communication system operator. Any such purported sublease shall be void and of no effect. 13. Insurance. During the License Term, and thereafter until the removals required under Section 6(c) are complete, and prior to the Commencement Date if Licensee enters the Land under Section 7(a), Licensee shall maintain at its own expense the following a. Without limiting Licensee's indemnification obligations set forth in Sectioni4(a) below, Licensee shall provide and maintain at its own expense during the License Term, the following programs of insurance covering its operations hereunder. Such insurance shall be provided by companies with an A.M. Best rating of not less than A -,VII and proof of such programs shall be delivered to Licensor prior to any entry by Licensee onto the Land and/or the Premises. Proof of insurance evidencing coverage shall name Licensor, its officers, agents, and employees as additional insureds with respect to Licensee's general and automobile liability policies. Such evidence shall specifically identify this Agreement. 1. Liability: Such insurance shall be primary to and non-contributory with any other insurance maintained by Licensor and shall name Licensor, its officers, agents, and employees as additional insureds and shall include: Verizon Wireless_ Brand One Summitridge Park (i) Comprehensive General Liability Insurance covering Premises - Operations, Products/Completed Operations, Contractual, Broad Form Property Damage, and Personal Injury with a combined single limit of not less than One Million and 00/100 Dollars ($1,000,000.00) per occurrence. If the above insurance is written on a Claims Made Form, such insurance shall provide for an extended reporting period of not less than five (5) years following termination of the policy. 2. Auto: Comprehensive Auto Liability Insurance covering all owned, non -owned and hired vehicles with a combined single limit of at least One Million and 001100 Dollars ($1,000,000.00) per occurrence. 3. Workers' Compensation: A program of Workers' Compensation Insurance in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability Insurance with Two Hundred Fifty Thousand and 001100 Dollars ($250,000.00) limits, covering all persons providing services on behalf of Licensee and all risks to such persons under this Agreement. Licensee may provide, if applicable, a Certificate of Consent to Self -insure, issued by the Director of Industrial Relations of the State of California. Should Licensee utilize the self-insurance provision set forth in this paragraph, and Licensee's Certification of Consent to Self -insure expires or is revoked, Licensee shall be required to provide a program of Workers Compensation Insurance upon said expiration or revocation. b. Licensee shall furnish Licensor with proof of insurance, in the form of certificates of insurance, that said policies required by Subsection a. of this Section 13 are in force. C. Licensee shall comply with the aforementioned provisions of this Section, and any such operations shall be suspended during any period that Licensee fails to maintain said policies in full force and effect. 14. Indemnification. a. To the fullest extent permitted by law, Licensee shall indemnify and hold harmless and defend Licensor, its directors, officers, employees, agents or volunteers, and each of them from and against: (i) Any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attorney's fees, costs and expenses of defending against such claims by counsel acceptable to Licensor), in law or in equity, of every kind and nature whatsoever for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees, agents or volunteers of Licensor or Licensee, and damages to or destruction of property of any person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees, agents or volunteers, to the extent caused by the negligent acts, errors or omissions or willful misconduct of Licensee, but except to the extent caused by the negligence, willful misconduct or active negligence of Licensor or its directors, officers, employees, agents or volunteers. Verizon Wreless: Grand Dile Summitridge Park (ii) Any and all actions, proceedings, damages, costs, expenses, penalties or liabilities, in law or equity, of every kind or nature whatsoever, to the extent caused by the violation of any governmental law or regulation by Licensee. (iii) Licensee's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Licensor, or its directors, officers, employees or volunteers. b. Licensor shall indemnify, defend and hold harmless Licensee, its directors, officers, employees, or volunteers, and each of them from and against any and all claims, demands, causes of action, damages, costs, expenses, losses or liabilities (including attomey's fees, costs and expenses of defending against such claims), in law or in equity, of every kind and nature whatsoever for, but not limited to, injury to or death of any person including Licensor and/or Licensee, or any directors, officers, employees or volunteers of Licensor or Licensee, and damages to or destruction of property of any person, including but not limited to, Licensor and/or Licensee and their directors, officers, employees or volunteers, to the extent caused by the negligent acts, errors or omissions or willful misconduct of Licensor, but except to the extent caused by the sole negligence, willful misconduct or active negligence of Licensee or its directors, officers, employees, agents or volunteers. (c) The foregoing indemnities will survive the expiration or earlier termination of this Agreement. 15. Safety and Environmental Protection. The Licensee shall operate and maintain the Premises in compliance with all applicable laws, rules and regulations of any local, federal or state agency having jurisdiction over Licensee's operations at the Premises. In carrying out its work, the Licensee shall at all times, exercise all reasonable precautions for the safety and environmental protection of the Premises, and be in compliance with all applicable federal, state and local statutory and regulatory requirements including State of California, Division of Industrial Relations (Cal/OSHA) regulations, Cal/EPA, USIEPA and the U.S. Department of Transportation including the Omnibus Transportation Employee Testing Act (as applicable). The Licensee shall not use or allow anyone else to use the Premises to generate, manufacture, refine, transport, treat, store, handle, recycle, release or dispose of any hazardous material, other than as reasonably necessary for the operation of the Licensee's activities as contemplated under this Agreement. The term "hazardous material" means any hazardous substance, material or waste, including but not limited to those listed in 49 CFR 172.101 (U.S. Department of Transportation), the Cal/EPA Chemical Lists of lists or petroleum products and their derivatives. However, this shall not apply to the use of petroleum products and related substances incidental to the operation of motorized equipment and vehicles whose operation on the Premises is contemplated by this Agreement. The Licensee shall immediately notify the Licensor in writing upon becoming aware of any release of hazardous material, violation of any environmental law or actions brought by third parties against the Licensee alleging environmental damage occurring at the Land. Verizon Wireless: Grand One Summltridge Park a. Licensee shall identify by a sign in letters no greater than '/z inch in height permanently affixed to Licensee's Facilities the responsible party to notify in case of emergency or maintenance, but no other signs are permitted on the Premises or Licensee's Facilities unless such signs are required by any federal, state or local law. b. Licensor represents that neither Licensor nor, to Licensor's knowledge (without having researched the matter) a third party has used, generated, stored, treated or disposed of hazardous materials, as defined above, on the Land. Licensor agrees that it will not use, generate, store or dispose of any hazardous materials on, under, about, or within the Land in violation of any applicable laws or regulations. 16. Notices. Any notice, demand or payment required to be given herein shall be made by certified or registered mail, return receipt requested, or reliable overnight courser to the address of the respective parties set forth below: Licensor: City of Diamond Bar Licensee: Los Angeles SMSA Partnership 21825 Copley Drive dba Verizon Wireless Diamond Bar, CA 91765 180 Washington Valley Road Attn: City Manager Bedminster, NJ 07921 Attn: Network Real Estate Any change to the foregoing notice addresses shall become effective thirty (30) days after the receipt or refusal of receipt pursuant to the foregoing. 17. Attorney's Fees. a. In the event legal action by either party is brought to enforce any term hereof or in the recovery of damages for any breach hereof, or to determine any rights of the parties under this Agreement, the prevailing party in such actions may recover reasonable attorney's fees to be fixed by the court. b. When any provision of this Agreement entitles either party to receive costs or expenses from the other, the term costs and expenses shall include reasonable attorney's fees incurred, notwithstanding any reference or lack of reference to attorney's fees. When any article or provision of this Agreement provides that Licensee will hold Licensor harmless from claims, Licensee shall pay all of Licensor's reasonable attorney's fees incurred in investigating and defending such claims. 18. Waiver of Licensor's Lien. a. Licensor waives any lien rights it may have concerning the Licensee's Facilities which are deemed Licensee's personal property and not fixtures, and Licensee has the right 10 Verizon Wireless: Grand One Summitridge Park to remove the same at any time without Licensor's consent. Licensee shall promptly repair any and all damage to the Premises and the Land caused by the removal to the satisfaction of Licensor. b. Licensor acknowledges that Licensee has entered into a financing arrangement including promissory notes and financial and security agreements for the financing of the Licensee's Facilities (the "Collateral") with a third party financing entity (and may in the future enter into additional financing arrangements with other financing entities). In connection therewith, Licensor: (i) consents to the installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and (iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or distress for any License Fee due or to become due and that such Collateral may be removed at any time without recourse to legal proceedings. Licensee shall promptly repair any and all damage to the Premises and the Land caused by the removal to the satisfaction of Licensor. 19. Miscellaneous. a. This Agreement constitutes the entire agreement and understanding between the parties, and supersedes all offers, negotiations and other agreements concerning the subject matter contained herein. There are no representations or understandings of any kind not set forth in this Agreement. Any amendments to this Agreement must be in writing and executed by both parties. b. If any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, shall not be affected and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. C. This Agreement shall be binding on and inure to the benefit of the successors and permitted assignees of the respective parties. d. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Los Angeles, State of California. e. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Agreement, such party shall not unreasonably delay or withhold its approval or consent. f. The parties shall give each other all notices required by law and comply with all laws, ordinances, rules and regulations pertaining to the conduct of the Premises and the Property. g. All Exhibits attached hereto are material parts of this Agreement. h. This Agreement may be executed in duplicate counterparts, each of which shall be deemed an original. i. Upon request, either party may require that a Memorandum of License be Chi• Verizon Wireless: Grand Summitridge Park recorded in the form of Exhibit B. Within thirty (30) days after the expiration or earlier termination of this Agreement, Licensee shall record a Memorandum of Termination in the official records of the County of Los Angeles Recorder's office. *** SIGNATURES ON FOLLOWING PAGE*** IN WITNESS THEREOF, the parties have executed this Agreement as of the date first above written. LICENSOR LICENSEE CITY OF DIAMOND BAR, a California LOS ANGELES SMSA LIMITED PARTNERSHIP, municipal corporation a California limited partnership dba Verizon Wireless By: Linda C. Lowry Title: City Manager Date: Tax ID# : 12 By: AirTouch Cellular, its General Partner By: Keith A. Surratt Title: West Area Vice President - Network Date: Verizon Wireless: (rand 0, - Summitridge Park STATE OF ARIZONA 1 )SS, COUNTY OF MARICOPA 1 1 . 1/ •. .1 / •.1 • 1 _ 11111 .1' . 11 . rl. • 1I ... 1 �.' 1 r . 4 i 11- .1/ 1 . .- .1.ff MRIMIF M-1 . ME TO=- kTRI to 8 181.14l_ 11' 1111DAM ITS . 1 . 1 , r, 11 . 1 . 1 • 1i : 11 'e r 1" 1..1 . Verizon Wireless, for1 1 l pumos"erein mentioned, and on-Gath-statied thathe is authorized to executq-�� instrument. ILsLWITNESS WHEREOF, I_have hereunto set my hand and affixed my official sea]�h� d and year first above written. Print or T_—�Name: Notary Public. in and for the State of AZ residing at STATE OF CALIFORNIA COUNTY OF ORANGE On , 2006 before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public M - EXHIBIT A-1 DESCRIPTION OF LAND Verizon Wireless: Grand Summitridge Park The real property situated in Los Angeles County, State of California, particularly described as: W Verizon Wireless: Grand Summitridge Park EXHIBIT A-2 DESCRIPTION OF PREMISES The Site Plans, consisting of pages are attached Notes' 1. This exhibit may be replaced by architectural and engineering drawings of the Premises once they are received by Licensee and agreed to by both parties. 2. Setback of the Premises from the Land's boundaries shall be the distance required by the applicable governmental authorities_ Width of access road shall be the width required by the applicable governmental authorities, including police and fire departments. 4. The type, number and mounting positions and locations of antennas and transmission lines are illustrative only. Actual types, numbers, and mounting positions may vary from what is shown above. 15 M Verizon Wireless: Grand Summitridge Park EXHIBIT B RECORDING REQUESTED BY, AND WHEN RECORDED RETURN TO: MEMORANDUM OF LICENSE AGREEMENT THIS MEMORANDUM OF LICENSE AGREEMENT ("Memorandum") is executed as of , 2006, by and. between City of Diamond Baf ("Licensor"), and Los Angeles SMSA Limited Partnership dba Verizon Wireless ("Licensee"). RECITALS WHEREAS, Licensor and Licensee have entered into that certain Wireless Communications Site License Agreement ("Agreement") dated as of , 2006, for the purpose of operating and maintaining a radio communications facility and other improvements. All of the foregoing are set forth in the Agreement; and WHEREAS, Licensor and Licensee desire to record notice of the Agreement in the Official Records of Los Angeles County, California; NOW, THEREFORE, in consideration of the foregoing, Licensor and Licensee hereby declare as follows: 1. Demise. The Land which is the subject of the Agreement is described in Exhibit A-1 attached hereto. The portion of the Land licensed to Licensee (the "Premises") is described on Exhibit A-2 attached hereto. Licensor grants to Licensee a non-exclusive easement for site access and utilities as described in Exhibit A-2. 2. Expiration Date. The term of the Agreement ("Term") is for five (5) years commencing on or upon the start of construction of Licensee's Facilities or eighteen (18) months after the full execution of the Agreement, whichever occurs first ("Commencement Date"), and terminating on the fifth anniversary of the Commencement Date with five (5) successive five (5) year options to renew. 3. Agreement Controlling. This Memorandum is solely for the purpose of giving constructive notice of the Agreement. In the event of conflict between the terms of the Agreement and this Memorandum, the terms of the Agreement shall control. 18 Verizon Wireless, Grand ou Summitridge Park IN WITNESS WHEREOF, Licensor and Licensee have executed this Memorandum as of the date and year first written above. LICENSOR: Dated: ,2006 CITY OF DIAMOND BAR, a California municipal corporation Linda C. Lowry City Manager LICENSEE: Dated: 12006 Los Angeles SMSA Limited Partnership dba Verizon Wireless By: AirTouch Cellular, its General Partner By: Name: Keith A. Surratt Title: West Area Vice President, Network 19 Verizon Wireless: Grand M Snmmitridge Park STATE OF ARIZONA ) _ )SS, COUNTY OF MARICOPA ) i •. • IE• •- • - •' .+�'� . • • authorized IN -WITNESS WHEREOF, I havee my hand and a e official seal the da and year first above written. Print or Tyne Name: _ Notary Publicj�or the State of AZ, residing at STATE OF CALIFORNIA COUNTY OF ORANGE On , 2006 before me, personally appeared , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public 20 Verizon Wireless: Grand Surnmitridge Park EXHIBIT A-1 to Memorandum of License Agreement dated , 2006 DESCRIPTION OF LAND The real property situated in Los Angeles County, State of California, particularly described as: Description of land - 21 - Verizon Wireless: Grand Summitridge Park EXHIBIT A-2 to Memorandum of License Agreement dated July ,2005 DESCRIPTION OF PREMISES The Site Plans, consisting of pages are attached 22 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda tt _678 Meeting Date: Murch 21 2006 AGENDA REPORT TITLE: APPROPRIATE $17,590.00 FROM GENERAL FUND RESERVE TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET, AWARD DESIGN SERVICES CONTRACT FOR THE WASHINGTON STREET CUL-DE-SAC IMPROVEMENT PROJECT TO DMS CONSULTANTS IN THE AMOUNT OF $15,590.00, AND AUTHORIZE A CONTINGENCY AMOUNT OF $2,000.00 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $17,590.00 RECOMMENDATION: Appropriate and award. FINANCIAL IMPACT: Upon approval of the appropriation, $17,590.00 will be earmarked in the FY 2005-2006 Capital Improvement Program for the Washington Street Cul -de -Sac Improvement Project. BACKGROUND: Washington Street at its northeasterly terminus is the City of Diamond Bar's boundary with the City of Industry. With the recent construction of the Industry development within the vicinity of Washington Street, residents have voiced concerns of the substandard cul-de-sac and the potential for Washington Street to be opened up to through traffic. Currently, an emergency access gate is located at the terminus of the roadway. This gate is locked at all times and can only be opened by emergency service personnel. As it stands now, Washington Street's terminus is substandard. To complete improvements of the terminus and provide a "finished look", a cul-de-sac will be constructed to engineering standards at the terminus. DISCUSSION: An RFP went out to six (6) prospective engineering firms on January 23, 2006 for design and construction administration services to upgrade the current dead end street to a Cul -De -Sac acceptable to City and Los Angeles County Fire Department Standards. Two proposals were submitted on February 14, 2006. The two firms that submitted proposals were DMS Consultants and Norris-Repke. The proposals were reviewed and evaluated based on 1) general responsiveness to the City's request for proposal (RFP), 2) staff and firm qualifications, 3) approach/methodology, 4) hours and level of effort, 5) ability to meet the City's schedule and expectations, and 6) references. The following are the two firms that submitted proposals with their proposed design fees: Consultant Design DMS $15,590,00 Norris -Re ke $16,755.00 In consideration of the six criteria mentioned above, staff concurred that the best firm for this project is DMS Consultants. DMS Consultants was selected because they demonstrated the importance of public relations with the community and best understood the City's needs and expectations. Attached is the firm's scope of services (Exhibit "A"), fee schedules (Exhibits "B"), and Consulting Services Agreement. In addition to the Design Proposal, both firms also included a fee proposal for construction administration services. The RFP specified that a 60 calendar day construction schedule would be anticipated. The following are the fee proposals for construction administration: Consultant Construction Administration $27,400.00 DMS Based on 44 wd ($622.73/da $16,950.00 Norris -Re ke Based on 25 wd ($67&00/d y) At this time, only the design services portion of the contract is recommended as advertising of bids and commencement of construction is expected to take place next fiscal year in July - August. Budget for the construction and construction administration services will be recommended for the Fiscal Year 2006-2007 Budget. PREPARED BY: Kimberly Molina, Associate Engineer REVIEWED BY: David . Liu, irector of Public Works Attachment: Exhibit A -Project Approach Exhibit B -Fee Schedule Consulting Services Agreement Date prepared: March 14, 2006 CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of March 21 2006 by and between the City of Diamond Bar, a municipal corporation ("City") and DMS Consultants Inc. , ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A", the City's Request for Proposals dated January 23 2006. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B" the Consultant's Response, dated February 14, 2006 to the City's Request for Proposals. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect March 21. 2006, and shall continue unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B". Payment will be made only after submission of proper invoices in the form specified by City. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: Linda C. Lowry, City Manager Consultant- Surender Dewan, P.E. City of Diamond Bar DMS Consultants, Inc. 21825 Copley Drive 12377 Lewis Street, Suite 101 Diamond Bar, CA 91765-4178 Garden Grove, CA 92840 714-740-8840 714-740-8842 FAX 6, Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non - renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A_ Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "C ity" Tommye A. Cribbins, City Clerk Approved as to form: "CONSULTANT" CITY OF DIAMOND BAR Carol Herrera, Mayor CITY COUNCIL TO: Honorable Mayor and Members of the Rty Council VIA: Linda C. Lowry, City Manager ft Agenda # b__g -- Meeting Date. March 21, 2006 AGENDA REPORT TITLE: APPROVE CONTRACT AMENDMENT NO. 1 IN THE AMOUNT OF $50,0000.00 WITH MUNICIPAL ENGINEERING RESOURCES (M.E.R.) FOR CONSULTING ENGINEERING SERVICES FOR A TOTAL AUTHORIZATION AMOUNT OF $90,000.00 RECOMMENDATION: Approve. FINANCIAL IMPACT: The proposed services will be funded through Public Works Department salary and benefit savings (approximately $9, 200 per month) since the Senior Engineer Position remains vacant. BACKGROUND: Since October 2005, Municipal Engineering Resources has been working for the City in an effort to augment the professional capabilities of the Public Works Department. M.E.R.'s service to the City has included being the City liaison for regional projects such as the SR 57160 HOV Connector Project, Grand Ave. Bridge Widening, and Lemon Avenue On and Off Ramps. Additionally, Mr. Alamolhoda, Principal of M.E.R, has served as the project manager of the Grand Avenue Improvements Phase I Project and has initiated the execution of several federally funded public works improvement projects. DISCUSSION: The Senior Engineer position within the Public Works Department has been vacant since October 2005. The City Council recently approved market adjustments to the salary for this position and recruitment is open to fill this permanent position. Based on the importance and priorities of the aforementioned projects, the Public Works Department has a need to continue to receive services from M.E.R. To date, almost $33,000.00 has been expended for various tasks assigned to M.E.R., out of the original contract amount of $40,000.00. To continuously support the City's professional capabilities in a timely manner, an updated proposal has been requested by M.E.R. in an amount of $50,000.00. It is recommended that services shall remain on an on-call basis. It is further recommended that services shall continue to be invoiced as outlined in the attached fee schedule dated March 15, 2006. PREPARED BY: Kimberly Molina, Associate Engineer Date prepared: March 15, 2006 REVIEWED BY: David G'11u, or of Public Works Attachment: M.E.R. Proposal "Exhibit A", dated March 15, 2006 Amendment No. 1 to the Consulting Services Agreement 4 AMENDMENT NO. 1 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 1 to the Agreement is made and entered into this 21St day March, 2006, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and MUNICIPAL ENGINEERING RESOURCES (M.E.R.) (hereinafter referred to as "CONSULTANT'), A. RECITALS: (i) The CITY has heretofore entered into an Agreement, with Consultant to provide Professional Engineering Services, which the Agreement was dated October 4, 2005. (ii) The CONSULTANT submitted proposals to provide Professional Engineering Services as described in Exhibits "A" and "B", dated September 28, 2005 and March 15, 2006 respectively. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: follows: Section 1: Section 3 of the Agreement is hereby amended to read as Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibits "A" and "B". Payment will be made only after submission of proper invoices in the form specified by City. Section 2: Each party to this Agreement Amendment No. 1 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment No. 1 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement Amendment No. 1 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: Tommye A. Cribbins, City Clerk DATE: CONSULTANT: MUNICIPAL ENGINEERING RESOURCES Fred Alamolhod a, P.E. CITY OF DIAMOND BAR Linda C. Lowry, City Manager CITY COUNCIL Agenda # 6.10 Meeting Date March 21,2006 AGENDA REPORT TO: Honorable Mayor and Members e City Council VIA: Linda C. Lowry, City Manage"a r TITLE: ADOPT RESOLUTION 2006 -XX: JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY; THE BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT NO. 3; AND THE BOARD OF DIRECTORS OF THE WALLNUT VALLEY WATER IMPROVEMENT DISTRICT NO.4 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF TRACT NO. 31850 (1985, 22 SFR BY DB DEVELOPMENT CORP., ON LEYLAND DRIVE BETWEEN BENFIELD PLACE AND WYNNEWOOD DRIVE), TRACT NO. 42564 (1992, 74 SFR BY BRAMALEA INC., ON LEYLAND DRIVE, NEWBURY WAY, AND BENFIELD PLACE), PARCEL MAP NO. 18722 (COUNTRY HILLS TOWNE CENTER, 2797 DIAMOND BAR BOULEVARD), L 077-1 (1992, 55 CONDOMINIUMS AT 800 GRAND AVENUE), L 086-9 (1971, ST. DENIS CATHOLIC CHURCH, 2151 DIAMOND BAR BOULEVARD), AND L 119-7 (1989, DIAMOND BAR VILLAGE APARTMENTS, 1750-2000 DIAMOND BAR BOULEVARD BETWEEN ACACIA HILL ROAD AND MOUNTAIN LAUREL WAY) TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. RECOMMENDATION: Adopt the joint resolution. FINANCIAL IMPACT: None. The costs for the operation and maintenance of street lights located within the Lighting District are primarily funded by property tax and supplemented by street lighting assessments. The collection of property tax revenues has allowed the Lighting Districts to maintain a low $13 annual base - assessment rate for a single family home. For other types of property uses, such as apartments and commercial businesses, the assessment rates are proportionately higher. As shown on the attached Property Tax Transfer Worksheets, the current allocated tax -share ratio for the City of Diamond Bar is $0.051917418. Out of the City's tax share ratio, the City would allocate $0.000682016 to County Lighting Maintenance District 10006, with a net share to the City of $0.051235402. For example, a $10,000 increment in assessed valuation of a parcel means that parcel will pay an additional $100 in property taxes, of which the City would receive $5.123 and CLMD 10006 would receive $0.068. Since these are privately owned properties (and property tax revenue generating properties), the City, along with other special districts, would share a portion of the growth of the 1 % property tax with CLMD 10006 when the properties are improved. The City does not "lose" property tax money; rather, the City, along with other special districts, will share the "growth" of property tax with CLMD 10006. Again, these property tax revenues help keep the base -rate assessment to a low $13 for a single family home in CLMD 10006. The assessment, however, will be levied against the benefited property owners. BACKGROUND/DISCUSSION: The areas described as Tract 31850 (portions of Leyland Drive between Benfield Place and Wynnewood Drive), Tract No. 42564 (portions of Leyland Drive, Newbury Way, and Benfield Place), Parcel Map 18722 (properties along Diamond Bar Boulevard known as Country Hills Towne Center), L 077-1 (north side of Grand Avenue boundary for condominiums located at 800 Grand Avenue), L 086-9 (boundaries on Diamond Bar Boulevard and Silver Hawk Drive for St. Denis Church), and L 119-7 (east side of Diamond Bar Boulevard boundary for apartments located at 2000 Diamond Bar Boulevard at Acacia Hill Road and undeveloped property between 1750 and 2000 Diamond Bar Boulevard), are being processed for annexation to the County Lighting Maintenance District (CLMD) 10006 and County Lighting District LLA -1, Diamond Bar Zone, in order to provide funds for the operation and maintenance of street lights within the project areas. County Lighting Maintenance District 10006 is located wholly within the jurisdictional boundary of the City of Diamond Bar and is administered by the County of Los Angeles on behalf of the City. City Council approval of the joint resolution is required between the County of Los Angeles and the City of Diamond Bar (and various other taxing agencies) in order to approve and accept the negotiated exchange of property tax revenues resulting from the annexation of the subject areas into CLMD 10006. The share of the annual tax increment to be exchanged between the City and other affected taxing agencies is listed in the attached worksheets in the Resolution. PREPARED BY: Sharon Gomez, Public Works Services Manager REVIEWE Dav G. Liu Director of Public Works Attachment: Resolution No. 2006 -XX Los Angeles County Letter dated February 9, 2006 Area Maps 2 RESOLUTION NO. 2006 -XX A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY (COUNTY SANITATION DISTRICT NO. 21) THE BOARD OF DIRECTORS OF THE THREE VALLEY MUNICIPAL WATER DISTRICT - ORIGINAL AREA; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 3; AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 4 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM ANNEXATION OF TRACT NO. 31850, TRACT NO. 42564, PARCEL MAP NO. 18722, L 077-1, L 086-9, AND L 119-7 TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 WHEREAS, pursuant to Section 99.01 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change that will result in a special district providing one or more services to an area where those services have not previously been provided by any local agency, the special district and each local agency that receives an apportionment of property tax revenue from the area must negotiate an exchange of property tax increment generated in the area subject to the jurisdictional change and attributable to those local agencies; and WHEREAS, the Board of Supervisors of the County of Los Angeles, acting on behalf of the County of Los Angeles, the Los Angeles County Library, the Consolidated Fire Protection District of Los Angeles County, the County Flood Control Drainage Improvement District, and the Los Angeles County Flood Control District; the Board of Directors of the Greater Los Angeles County Vector Control District; County Sanitation District No. 21 of Los Angeles County (County Sanitation District No. 21); the City Council of the City of Diamond Bar; the Board of Directors of the Three Valley Municipal Water District - Original Area; the Board of Directors of the Walnut Valley Water District; the Board of Directors of the Walnut Valley Water District Improvement District No. 3, and the Board of Directors of the Walnut Valley Water Improvement District No. 4 have determined that the amount of property tax revenue to be exchanged between their respective agencies as a result of the annexation proposal identified as Tract No. 31850, Tract No. 42564, Parcel Map No. 18722, L 077-1, L 086-9, AND L 119-7 to CLMD 10006 is as set forth below: NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The negotiated exchange of property tax revenues between the County of Los Angeles, acting on behalf of the County of Los Angeles, the Los Angeles County Library, the Consolidated Fire Protection District of Los Angeles County, the County Flood Control Drainage Improvement District, and the Los Angeles County Flood Control District; the Board of Directors of the Greater Los Angeles County Vector Control District; County Sanitation District No. 21 of Los Angeles County (County Sanitation District No. 21); the City Council of the City of Diamond Bar; the Board of Directors of the Three Valley Municipal Water District - Original Area; the Board of Directors of the Walnut Valley Water District; the Board of Directors of the Walnut Valley Water District Improvement District No. 3; and the Board of Directors of the Walnut Valley Water Improvement District No. 4 resulting from the annexation identified as Tract No. 31850, Tract No. 42564, Parcel Map No. 18722, L 077-1, L 086-9, AND L 119-7. 2. For fiscal years commencing on or after July 1, 2005, or the July 1 after the effective date of this jurisdictional change, whichever is later, the property tax revenue increment generated from the area within Tract 31850 and Tract 42564 (Tax Rate Area 10403), Parcel Map 18722 and L 086-9 (Tax Rate Area 10069), L 077-1 (Tax Rate Areas 10003, 10069, and 10071), and L 119-7 (Tax Rate Area 12348) shall be allocated to the affected agencies as indicated in the attached worksheet. 4. If at any time after the effective date of this Resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect, thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year, and any amounts of property tax received in excess of that, which is proper shall be refunded to the appropriate agency. PASSED, APPROVED AND ADOPTED thisday of day of March, 2006, by the following vote: Carol Herrera,Mayor 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 the day of March, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: TOMMYE CRIBBINS, City Clerk City of Diamond Bar 2 AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 01/20/2005 PAGE 1 FISCAL YEAR 2004-2005 ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER: 023.06 TRA: 10403 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: TR 31850 PROJECT NAME: TRACT 31850 DISTRICT SHARE: 0.013136570 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 25.6883 % 0.013136570 0.003374400 -0.003459193 0.253410461 0.0111 k 0.013136570 0.000001470 0.000000000 0.000111964 2.2839 $ 0.013136570 0.000300038 -0.000300036 0,022539891 17.2201 $ 0.013136570 0.002262139 -0.002262139 0.169939519 0.6342 0.013136570 0.000083323 0.000000000 0.006342891 0.1686 0.013136570 0.000022160 -0,000022160 0.001664762 0.9547 $ 0.013136570 0.006125414 -0.000125414 0.009421587 0.0363 $ 0.013136570 0.000004776 -0.000004776 0.000358832 1.2459 $ 0.013136570 0.000163668 -0.000163668 0.012295363 5.1917 $ 0.013136570 0.000682016 -0,000682016 0.051235402 0.4182 $ 0,013136570 0.000054943 -0.000054943 0.004127521 0.0743 $ 0.013136570 0.000009768 -0.000009768 0.000733866 0.6766 0.013136570 0,000088891 -0.000088891 0.006677836 0.16444 $ 0.013136570 0.000021598 -0.000021598 0.001622580 7,69(x2 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 0.013136570 0.001759480 EXEMPT 0.133937622 0.1388 $ 0.013136570 0.000018245 EXEMPT 0,001388891 0.2756 % 0.013136570 0.000036213 EXEMPT 0.002756722 2.9750 % 0.013136570 0.000390819 EXEMPT 0.029750520 CURRENT ACCOUNT # TAXING AGENCY TAX SHARE 001.05 LOS ANGELES COUNTY GENERAL 0.256869654 001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000111964 003.01 L A COUNTY LIBRARY 0.022839929 007.30 CONSOL. FIRE PRO.DIST.OF L.A.CO. 0.172201658 007.31 L A C FIRE-FFW 0.006342891 030.10 L.A.CO.FL.CON.DR.IMP.DIST.MAINT. 0.001686922 030.70 LA CO FLOOD CONTROL MAINT 0.009547001 061.80 GREATER L A CO VECTOR CONTROL 0.000363608 066.80 CO SANIT DIST NO 21 OPERATING 0.012459031 146.01 CITY -DIAMOND BAR TD # 1 0.051917418 365.05 THREE VALLEY MWD ORIG AREA 0.004182464 370.05 WALNUT VALLEY WATER DISTRICT 0.000743634 370.07 WALNUT VALL WT DIST IMP DIST #3 0.006766727 370.08 WALNUT VALL WT DIST IMP DIST #4 0.001644178 4D0.00 EDUCATIONAL REV AUGMENTATION FD 0.076962766 400.01 EDUCATIONAL AUG FD IMPOUND 0.133937622 400.15 COUNTY SCHOOL SERVICES 0.001388891 400.21 CHILDREN'S INSTIL TUITION FUND 0.002756722 809.04 MT.SAN ANTONIO COMMUNITY COLLEGE 0.029750520 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 25.6883 % 0.013136570 0.003374400 -0.003459193 0.253410461 0.0111 k 0.013136570 0.000001470 0.000000000 0.000111964 2.2839 $ 0.013136570 0.000300038 -0.000300036 0,022539891 17.2201 $ 0.013136570 0.002262139 -0.002262139 0.169939519 0.6342 0.013136570 0.000083323 0.000000000 0.006342891 0.1686 0.013136570 0.000022160 -0,000022160 0.001664762 0.9547 $ 0.013136570 0.006125414 -0.000125414 0.009421587 0.0363 $ 0.013136570 0.000004776 -0.000004776 0.000358832 1.2459 $ 0.013136570 0.000163668 -0.000163668 0.012295363 5.1917 $ 0.013136570 0.000682016 -0,000682016 0.051235402 0.4182 $ 0,013136570 0.000054943 -0.000054943 0.004127521 0.0743 $ 0.013136570 0.000009768 -0.000009768 0.000733866 0.6766 0.013136570 0,000088891 -0.000088891 0.006677836 0.16444 $ 0.013136570 0.000021598 -0.000021598 0.001622580 7,69(x2 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 0.013136570 0.001759480 EXEMPT 0.133937622 0.1388 $ 0.013136570 0.000018245 EXEMPT 0,001388891 0.2756 % 0.013136570 0.000036213 EXEMPT 0.002756722 2.9750 % 0.013136570 0.000390819 EXEMPT 0.029750520 AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 01/20/2005 PAGE 2 FISCAL YEAR 2004-2005 ANNEXATION NUMBER: TR 31850 PROJECT NAME: TRACT 31850 TRA: 10403 CURRENT PROPOSED ALLOCATED ACCOUNT # TAXING AGENCY TAX SHARE PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 809.20 MT SAN ANTONIO CHILDRENS CTR FD 0.000287109 0.0287 % 0.013136570 0.000003771 EXEMPT 0.000287109 915.03 POMONA UNIFIED SCHOOL DISTRICT 0.192277394 19.2277 % 0.013136570 0.002525865 EXEMPT 0.192277394 915.06 CO.SCH.SERV.FD.- POMONA 0.009006730 0.9006 % 0.013136570 0.000118317 EXEMPT 0.009006730 915.07 DEV.CTR.HDCPD.MINOR-POMONA 0.001041535 0.1041 % 0.013136S70 0.000013682 EXEMPT 0.001041535 915.20 POMONA CHILDREN'S CENTER FUND 0.004913632 0.4913 0.013136570 0.000064548 EXEMPT 0.004913632 ***023.06 --------- CO LIGHTING MAINT DIST NO 10006 -------------------------------- 0.000000000 ----------- 0.0000 s 0.013136570 0.000000000 0.000000000 0,007194604 TOTAL: 1.000000000 ----------- 100.0000 % ----------- ----------- 0.013136570 ----------- -0,007194604 ----------- 1.000000000 AUDITOR ACAFAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE 1 FISCAL YEAR 2004-2005 ANNEXATION TO: CC LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER: 023.06 TRA: 10403 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: TR. 42564 PROJECT NAME: TRACT 42564 DISTRICT SHARE: 0.013136570 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 25.6883 $ 0.013136570 0.003374400 -0.003459193 0.253410461 0.0111 % 0.013136570- 0.000001470 0.000000000 0.000111964 2.2839 % 0.013136570 0.000300038 -0.000300038 0.022539891 17.2201 0.013136570 0.002262139 -0.002262139 0.169939519 0.6342 $ 0.013136570 0.000083323 0.000000000 0.006342891 0.1686 i; 0.013136570 0.000022160 -0.000022160 0.001664762 0.9547 % 0.013136570 0.000125414 -0.000125414 0.009421587 0.0363 % 0.013136570 0.000004776 -0.000004776 0.000358832 1.2459 $ 0.013136570 0.000163668 -0.000163668 0.012295363 5.1917 % 0.013136570 0.000682016 -0.000682016 0.051235402 0.4182 $ 0.013136570 0.000054943 -0.000054943 0.004127521 0.0743 96 0.013136570 0.000009768 -0.000009768 0.000733866 0.6766 $ 0.013136570 0.000088891 -0.000088891 0.006677836 0.1644 $ 0.013136570 0.000021598 -0.000021598 0.001622580 7.6962 % 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 $ 0.013136570 0.001759480 EXEMPT 0.133937622 0.1388 0.013136570 0.000018245 EXEMPT 0.001386891 0.2756 $ 0.013136570 0.000036213 EXEMPT 0.002756722 2.9750 $ 0.013136570 0.000390819 EXEMPT 0.029750520 CURRENT ACCOUNT # TAXING AGENCY TAX SHARE 001.05 LOS ANGELES COUNTY GENERAL 0.256869654 001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000111964 003.01 L A COUNTY LIBRARY 0.022839929 007.30 CONSOL. FIRE PRO.DIST.OF L.A.CO. 0.172201658 007.31 L A C FIRE-FFW 0.006342891 030.10 L.A.CO.FL.CON.DR.IMP.DIST.MAINT. 0.001686922 030.70 LA CO FLOOD CONTROL MAINT 0.009547001 061.80 GREATER L A CO VECTOR CONTROL 0.000363608 066.80 CO SANIT DIST NO 21 OPERATING 0.012459031 46.01 CITY -DIAMOND EAR TD # 1 0.051917418 365.05 THREE VALLEY MWD ORIG AREA 0.004182464 370.05 WALNUT VALLEY WATER DISTRICT 0.000743634 370.07 WALNUT VALL WT DIST IMP DIST #3 0.006766727 370.08 WALNUT VALL WT DIST IMP DIST #4 0.001644178 400.00 EDUCATIONAL REV AUGMENTATION FD 0.076962766 400.01 EDUCATIONAL AUG FD IMPOUND 0.133937622 400.15 COUNTY SCHOOL SERVICES 0.001388891 400.21 CHILDREN"S INSTIL TUITION FUND 0.002756722 809.04 MT.SAN ANTONIO COMMUNITY COLLEGE 0.029750520 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 25.6883 $ 0.013136570 0.003374400 -0.003459193 0.253410461 0.0111 % 0.013136570- 0.000001470 0.000000000 0.000111964 2.2839 % 0.013136570 0.000300038 -0.000300038 0.022539891 17.2201 0.013136570 0.002262139 -0.002262139 0.169939519 0.6342 $ 0.013136570 0.000083323 0.000000000 0.006342891 0.1686 i; 0.013136570 0.000022160 -0.000022160 0.001664762 0.9547 % 0.013136570 0.000125414 -0.000125414 0.009421587 0.0363 % 0.013136570 0.000004776 -0.000004776 0.000358832 1.2459 $ 0.013136570 0.000163668 -0.000163668 0.012295363 5.1917 % 0.013136570 0.000682016 -0.000682016 0.051235402 0.4182 $ 0.013136570 0.000054943 -0.000054943 0.004127521 0.0743 96 0.013136570 0.000009768 -0.000009768 0.000733866 0.6766 $ 0.013136570 0.000088891 -0.000088891 0.006677836 0.1644 $ 0.013136570 0.000021598 -0.000021598 0.001622580 7.6962 % 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 $ 0.013136570 0.001759480 EXEMPT 0.133937622 0.1388 0.013136570 0.000018245 EXEMPT 0.001386891 0.2756 $ 0.013136570 0.000036213 EXEMPT 0.002756722 2.9750 $ 0.013136570 0.000390819 EXEMPT 0.029750520 AUDITOR ACAFAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET FISCAL YEAR 2004-2005 ANNEXATION NUMBER: TR. 42564 PROJECT NAME: TRACT 42564 TRA: 10403 PREPARED 01/18/2005 PAGE 2 CURRENT PROPOSED ALLOCATED ACCOUNT # --------- TAXING AGENCY -------------------------------- TAX SHARE ----------- PERCENT ----------- DIST SHARE ----------- SHARE ----------- ADJUSTMENTS ----------- NET SHARE ----------- 809.20 MT SAN ANTONIO CHILDRENS CTR FD 0.000287109 0.0287 % 0.013136570 0.000003771 EXEMPT 0.000287109 915.03 POMONA UNIFIED SCHOOL DISTRICT 0.192277394 19.2277 % 0.013136570 0.002525865 EXEMPT 0.192277394 915.06 CO.SCH.SERV.FD.- POMONA 0.009006730 0.9006 % 0.013136570 0.000118317 EXEMPT 0.009006730 915.07 DEV.CTR.HDCPD.MINOR-POMONA 0.001041535 0.1041 % 0.013136570 0.000013682 EXEMPT 0.001041535 915.20 POMONA CHILDREN'S CENTER FUND 0.004913632 0.4913 % 0.013136570 0.000064548 EXEMPT 0.004913632 ***023.06 CO LIGHTING MAINT DIST NO 10006 0.000000000 0.0000 % 0.013136570 0.000000000 0.000000000 0.007194604 ----------- --------- -------------------------------- TOTAL: ----------- 1.000000000 ----------- 100.0000 ----------- % ----------- 0.013136570 ----------- -0.007194604 1.000000000 AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE 1 FISCAL YEAR 2004-2005 ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER: 023,06 TRA: 10069 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: PM 18722 PROJECT NAME: PARCEL MAP 18722 DISTRICT SHARE: 0.013136570 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 25.9319 0.013136570 0.003406425 -0.003491961 0.255815614 0.0112 % 0.013136570 0.000001478 0.000000000 0.000112548 2.2981 $ 0.013136570 0,000301903 -0.000301903 0.022680007 17.3054 % 0.013136570 0.002273347 -0.002273347 0.170781564 0.6398 $ 0.013136570 0.000084058 0.000000000 0.006398825 0.1700 % 0.013136570 0.000022332 -0.000022332 0.001677669 0.9620 1� 0.013136570 0.000126381 -0.000126381 0.009494235 0.0366 % 0.013136570 0.000004812 -0.000004812 0.000361522 1,2533 g 0.013136570 0,000164643 -0.000164643 0.012368550 5.1917 % 0.013136570 0.000682016 -0.000682016 0.051235402 0.4210 0.013136570 0.000055312 -0.000055312 0.004155247 0.0749 % 0.013136570 0.000009839 -0.000009839 0.000739189 0.6821 0.013136570 0.000089609 -0.000089609 0.006731753 0.1657 % 0.013136570 0.000021772 -0.000021772 0.001635606 7.6962 % 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 $ 0.013136570 0.001759480 EXEMPT 0.133937622 0.1395 % 0.013136570 0.000018336 EXEMPT 0.001395840 0.2770 0.013136570 0.000036391 EXEMPT 0.002770244 2.9898 k 0.013136570 0.000392757 EXEMPT 0.029898056 CURRENT ACCOUNT # TAXING AGENCY TAX SHARE 001.05 LOS ANGELES COUNTY GENERAL 0.259307575 001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000112548 003.01 L A COUNTY LIBRARY 0.022981910 007.30 CONSOL, FIRE PRO.DIST,OF L.A.CO, 0.173054911 007.31 L A C FIRE-FFW 0.006398825 030.10 L.A.CO.FL.CON.DR.IMP.DIST.MAINT. 0.001700001 030.70 LA CO FLOOD CONTROL MAINT 0.009620616 061.80 GREATER L A CO VECTOR CONTROL 0.000366334 066.80 CO SANIT DIST NO 21 OPERATING 0.012533193 146.01 CITY -DIAMOND BAR TD # 1 0.051917418 365.05 THREE VALLEY MWD ORIG AREA 0.004210559 370.05 WALNUT VALLEY WATER DISTRICT 0.000749028 370.07 WALNUT VALL WT DIST IMP DIST #3 0.006821362 370.08 WALNUT VALL WT DIST IMP DIST #4 0.001657378 400.00 EDUCATIONAL REV AUGMENTATION FD 0.076962766 400.01 EDUCATIONAL AUG FD IMPOUND 0.133937622 400.15 COUNTY SCHOOL SERVICES 0.001395840 400.21 CHILDREN'S INSTIL TUITION FUND 0.002770244 809.04 MT.SAN ANTONIO COMMUNITY COLLEGE 0.029898056 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 25.9319 0.013136570 0.003406425 -0.003491961 0.255815614 0.0112 % 0.013136570 0.000001478 0.000000000 0.000112548 2.2981 $ 0.013136570 0,000301903 -0.000301903 0.022680007 17.3054 % 0.013136570 0.002273347 -0.002273347 0.170781564 0.6398 $ 0.013136570 0.000084058 0.000000000 0.006398825 0.1700 % 0.013136570 0.000022332 -0.000022332 0.001677669 0.9620 1� 0.013136570 0.000126381 -0.000126381 0.009494235 0.0366 % 0.013136570 0.000004812 -0.000004812 0.000361522 1,2533 g 0.013136570 0,000164643 -0.000164643 0.012368550 5.1917 % 0.013136570 0.000682016 -0.000682016 0.051235402 0.4210 0.013136570 0.000055312 -0.000055312 0.004155247 0.0749 % 0.013136570 0.000009839 -0.000009839 0.000739189 0.6821 0.013136570 0.000089609 -0.000089609 0.006731753 0.1657 % 0.013136570 0.000021772 -0.000021772 0.001635606 7.6962 % 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 $ 0.013136570 0.001759480 EXEMPT 0.133937622 0.1395 % 0.013136570 0.000018336 EXEMPT 0.001395840 0.2770 0.013136570 0.000036391 EXEMPT 0.002770244 2.9898 k 0.013136570 0.000392757 EXEMPT 0.029898056 AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE FISCAL YEAR 2004-2005 ANNEXATION NUMBER: PM 18722 PROJECT NAME: PARCEL MAP 18722 TRA: 10069 CURRENT PROPOSED ALLOCATED ACCOUNT # TAXING AGENCY TAX SHARE PERCENT DIST SHARE SNARE ADJUSTMENTS NET SHARE ---------------------------------------------------- --------------------------------- ----------- ----------- 809.20 MT SAN ANTONIO CHILDRENS CTR FD 0.000288583 0.0288 % 0.013136570 0,000003790 EXEMPT 0.000288583 980.03 WALNUT VALLEY UNIF. SCHOOL DIST. 0.194726584 19.4726 % 0.013136570 0.002558039 EXEMPT 0.194726584 980.06 CO.SCH.SERV.FD.-WALNUT VALLEY 0.007738839 0.7738 % 0.013136570 0.000101661 EXEMPT 0.007738839 980.07 DEV.CTR.HDCPD.MINOR-WALNUT VY, 0.000849808 0.0849 % 0.013136570 0.000011163 EXEMPT 0.000849808 ***023.06 CO LIGHTING MAINT DIST NO 10006 0.000000000 0.0000 % 0.013136570 0.000000000 0.000000000 0.007243927 TOTAL: 1.000000000 100.0000 % 0.013136570 -0.007243927 1.000000000 2 AUDITOR ACAFAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE 1 FISCAL YEAR 2004-2005 ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER: 023.06 TRA: 10003 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: L 077-1 PROJECT NAME: L 077-1 DISTRICT SHARE: 0.01.3136570 CURRENT PROPOSED ALLOCATED ACCOUNT # --------- TAXING AGENCY -------------------------------- TAX SHARE ----------- PERCENT ----------- DIST SHARE ----------- SHARE ----------- ADJUSTMENTS ----------- NET SHARE ----------- 001.05 LOS ANGELES COUNTY GENERAL 0.256866981 25.6880 % 0.013136570 0.003374361 -0.003459154 0.253407827 001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000111959 0.0111 % 0.013136570 0.000001470 0.000000000 0.000111959 003.01 L A COUNTY LIBRARY 0.022840063 2.2840 % 0.013136570 0.000300040 -0.000300040 0.022540023 007.30 CONSOL. FIRE PRO.DIST.OF L.A.CO. 0.172202312 17.2202 % 0.013136570 0.002262147 -0.002262147 0.169940165 007.31 L A C FIRE-FFW 0.006342830 0.6342 $ 0.013136570 0,000083323 0.000000000 0.006342830 030.10 L.A.CO.FL.CON.DR.IMP.DIST.MAINT. 0.001686900 0.1686 $ 0.013136570 0.000022160 -0.000022150 0.001664740 030.70 LA CO FLOOD CONTROL MAINT O.DD9546843 0.9546 $ 0.013136570 0.000125412 -0.000125412 0.009421431 061.80 GREATER L A CO VECTOR CONTROL 0.000363591 0,0363 % 0.013136570 0.000004776 -0.000004776 0.000358815 066.80 CO SANIT DIST NO 21 OPERATING 0.012459334 1.2459 $ 0.013136570 0.000163672 -0.000163672 0.012295662 /146.01 0.051235402 146.01 CITY -DIAMOND BAR TD # 1 0.051917418 5.1917 $ 0.013136570 0.000682016 -0.000682016 365.05 THREE VALLEY MWD ORIG AREA 0.004182492 0.4182 $ 0.013136570 0.000054943 -0.000054943 0.004127549 370.05 WALNUT VALLEY WATER DISTRICT 0.000743526 0.0743 0.013136570 0.000009767 -0.000009767 0.000733759 370.07 WALNUT VALL WT DIST IMP DIST #3 0.006766850 0.6766 $ 0.013136570 0.000088893 -0.000088893 0.006677957 370.08 WALNUT VALL WT DIST IMP DIST #4 0.001644113 0.1644 % 0.013136570 0.000021598 -0.000021598 0.001622515 400.00 EDUCATIONAL REV AUGMENTATION FD 0.076962766 7.6962 % 0.013136570 0.001011026 EXEMPT 0.076962766 400.01 EDUCATIONAL AUG FD IMPOUND 0.133937622 13.3937 $ 0.013136570 0.001759480 EXEMPT 0.133937622 400.15 COUNTY SCHOOL SERVICES 0.001389025 0.1389 $ 0.013136570 0.000018247 EXEMPT 0.001389025 400.21 CHILDREN'S INSTIL TUITION FUND 0.002756673 0.2756 % 0.01.3136570 0.000036213 EXEMPT 0.002756673 809.04 MT.SAN ANTONIO COMMUNITY COLLEGE 0.029750843 2.9750 % 0.013136570 0.000390824 EXEMPT 0.029750843 AUDITOR ACAFAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET FISCAL YEAR 2004-2005 ANNEXATION NUMBER: L 077-1 PROJECT NAME: L 077-1 ACCOUNT # TAXING AGENCY 809.20 MT SAN ANTONIO CHILDRENS CTR FD 915.03 POMONA UNIFIED SCHOOL DISTRICT 915.06 CO.SCH.SERV.FD.- POMONA 915.07 DEV.CTR.HDCPD.MINOR-POMONA 915.20 POMONA CHILDREN'S CENTER FUND PREPARED 01/18/2005 PAGE 2 TRA: 10003 CURRENT 0.000287125 PROPOSED ALLOCATED TAX SHARE PERCENT DIST SHARE SHARE 0.000287125 0.0287 % 0.013136570 0.000003771 0.192278733 19.2278 is 0.013136570 0.002525883 0.009006823 0.9006 0.013136570 0.000118318 0.001041615 0.1041 % 0.013136570 0.000013683 0.004913563 0.4913 % 0.013136570 0.000064547 ADJUSTMENTS NET SHARE EXEMPT 0.000287125 EXEMPT 0.192278733 EXEMPT 0.009006823 EXEMPT 0.001041615 EXEMPT 0.004913563 ***023.06 CO LIGHTING MAINT DIST NO 10006 0.000000000 0.0000 % 0.013136570 0.000000000 0.000000000 0.007194578 TOTAL: 1.000000000 100.0000 %r 0.013136570 -0,007194578 1.000000000 AUDITOR ACAFAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE 1 FISCAL YEAR 2004-2005 ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER: 023.06 TRA: 10069 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: L 077-1 PROJECT NAME: L 077-1 DISTRICT SHARE: 0.013136570 PROPOSED ALLOCA'T'ED PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 25.9319 % 0.013136570 0.003406425 -0.003491961 D.255815614 0.0112 0.013136570 0.000001478 0.000000000 0.000112548 2.2981 % 0.013136570 0.000301903 -0.000301903 0.022680007 17.3054 k 0.013136570 0.002273347 -0.002273347 0.170781564 0.6398 $ 0.013136570 0.000084058 0.000000000 0.006398825 0.1700 %; 0.013136570 0.000022332 -0.000022332 0.001677669 0.9620 �r 0.013136570 0.000126381 -0.000126381 0.009494235 0.0366 0.013136570 0.000004812 -0.000004812 0.000361522 1.2533 0.013136570 0.000164643 -0.000164643 0.012368550 5.1917 % 0.013136570 0.000682016 -0.000682016 0.051235402 0.4210 0.013136570 0.000055312 -0.000055312 0.004155247 0.0749 %r 0.01313657D 0.000009839 -0.000009839 0.000739189 0.6821 0.013136570 0.000089609 -0.000089609 0.006731753 0.1657 0.013136570 0.000021772 -0.000021772 0.001635606 7.6962 % 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 0.013136570 0.001759480 EXEMPT 0.133937622 0.1395 % 0.013136570 0.000018336 EXEMPT 0,001395840 0.2770 0.013136570 0.000036391 EXEMPT 0.002770244 2.9898 % 0.013136570 0.000392757 EXEMPT 0.029898056 CURRENT ACCOUNT # TAXING AGENCY TAX SHARE 001.05 LOS ANGELES COUNTY GENERAL 0.259307575 001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000112548 003.01 L A COUNTY LIBRARY 0.022981910 007.30 CONSOL. FIRE PRO.DIST.OF L.A.CO. 0.173054911 007.31 L A C FIRE-FFW 0.006398825 030.10 L.A.CO.FL.CON.DR.IMP.DIST.MAINT. 0.001700001 030.70 LA CO FLOOD CONTROL MAINT 0.009620616 061.80 GREATER L A CO VECTOR CONTROL 0.000366334 0 6.80 CO SANIT DIST NO 21 OPERATING 0.012533193 146.01 CITY -DIAMOND BAR TD # 1 0.051917418 365.05 THREE VALLEY MWD ORIG AREA 0.004210559 370.05 WALNUT VALLEY WATER DISTRICT 0.000749028 370.07 WALNUT VALL WT DIST IMP DIST #3 0.006821362 370.08 WALNUT VALL WT DIST IMP DIST #4 0.001657378 400.00 EDUCATIONAL REV AUGMENTATION FD 0.076962766 400.01 EDUCATIONAL AUG FD IMPOUND 0.133937622 400.15 COUNTY SCHOOL SERVICES 0.001395840 400.21 CHILDREN'S INSTIL TUITION FUND 0.002770244 809.04 MT.SAN ANTONIO COMMUNITY COLLEGE 0.029898056 PROPOSED ALLOCA'T'ED PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 25.9319 % 0.013136570 0.003406425 -0.003491961 D.255815614 0.0112 0.013136570 0.000001478 0.000000000 0.000112548 2.2981 % 0.013136570 0.000301903 -0.000301903 0.022680007 17.3054 k 0.013136570 0.002273347 -0.002273347 0.170781564 0.6398 $ 0.013136570 0.000084058 0.000000000 0.006398825 0.1700 %; 0.013136570 0.000022332 -0.000022332 0.001677669 0.9620 �r 0.013136570 0.000126381 -0.000126381 0.009494235 0.0366 0.013136570 0.000004812 -0.000004812 0.000361522 1.2533 0.013136570 0.000164643 -0.000164643 0.012368550 5.1917 % 0.013136570 0.000682016 -0.000682016 0.051235402 0.4210 0.013136570 0.000055312 -0.000055312 0.004155247 0.0749 %r 0.01313657D 0.000009839 -0.000009839 0.000739189 0.6821 0.013136570 0.000089609 -0.000089609 0.006731753 0.1657 0.013136570 0.000021772 -0.000021772 0.001635606 7.6962 % 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 0.013136570 0.001759480 EXEMPT 0.133937622 0.1395 % 0.013136570 0.000018336 EXEMPT 0,001395840 0.2770 0.013136570 0.000036391 EXEMPT 0.002770244 2.9898 % 0.013136570 0.000392757 EXEMPT 0.029898056 AUDITOR ACAFAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE -2 FISCAL YEAR 2004-2005 ANNEXATION NUMBER: L 077-1 PROJECT NAME: L 077-1 TRA: 10069 CURRENT PROPOSED ALLOCATED ACCOUNT # --------- TAXING AGENCY -------------------------------- TAX SHARE ----------- PERCENT ----------- DIST SHARE ----------- SHARE ----------- ADJUSTMENTS ----------- NET SHARE ----------- 809.20 MT SAN ANTONIO CHILDRENS CTR FD 0.000288583 0.0288 k 0.013136570 0.000003790 EXEMPT 0.000288583 980.03 WALNUT VALLEY UNIF. SCHOOL DIST. 0.194726584 19.4726 % 0.013136570 0.002558039 EXEMPT 0.194726584 980.06 CO.SCH.SERV.FD.-WALNUT VALLEY 0.007738839 0,7738 % 0.013136570 0.000101661 EXEMPT 0.007738839 980.07 DEV.CTR.HDCPD.MINOR-WALNUT VY. 0.000849806 0.0849 % 0.013136570 0.000011163 EXEMPT 0.000849808 ***023.06 --------- CO LIGHTING MAINT DIST NO 10006 -------------------------------- 0.000000000 ----------- 0,0000 % 0.013136570' 0.000000000 0.000000000 0.007243927 TOTAL: 1.000000000 ----------- 100.0000 ----------- % ----------- 0.013136570 ----------- -0.007243927 ----------- 1.000000000 DIST NO 10006 ACCOUNT NUMBER: 023.06 TRA: 10071 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: L 077-1 PROJECT NAME: L 077-1 DISTRICT SHARE: 0.013136570 CURRENT PROPOSED ALLOCATED ACCOUNT # TAXING AGENCY TAX SHARE PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 001.05 LOS ANGELES COUNTY GENERAL 0.259310887 25.9323 $ 0.013136570 0.003406466 -0.003491997 0.255818890 001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000112114 0.0112 $ 0.013136570 0.000001472 O,OOD000000 0.000112114 003.01 L A COUNTY LIBRARY 0.022981568 2.2981 % 0.013136570 0.000301838 -0.000301898 0.022679670 007.30 CONSOL, FIRE PRO.DIST.OF L.A.CO. 0.173053099 17.3053 $ 0.013136570 0.002273324 -0.002273324 0.170779775 007.31 L A C FIRE-FFW 0.006398901 0.6398 % 0.013136570 0.000084059 0.000000000 0.006398901 030.10 L.A.CO.FL.CON.DR.IMP.DIST.MAINT. 0.001699780 0.1699 $ 0.013136570 0.000022329 -0.000022329 0.001677451 030.70 LA CO FLOOD CONTROL MAINT 0.009620553 0.9620 $ 0.013136570 0.000126381 -0.000126381 0.009494172 061.80 GREATER L A CO VECTOR CONTROL 0.000366465 0.0366 % 0.013136570 0.000004814 -0.000004814 0.000361651 .80 CO SANIT DIST NO 21 OPERATING 0.012531276 1,2531 $ 0.013136570 0.000164617 -0.000164617 0.012366659 Z46.01 CITY -DIAMOND BAR TD ¢# 1 0.051917418 5.1917 $ 0.013136570 0.000682016 -0.000682016 0.051235402 365.05 THREE VALLEY MWD ORIG AREA 0.004211775 0.4211 % 0.013136570 0.000055328 -0.000055328 0.004156447 370.05 WALNUT VALLEY WATER DISTRICT 0.000751917 0.0751 % 0.013136570 0.000009877 -0.000009877 0.000742040 370.07 WALNUT VALL WT DIST IMP DIST #3 0,006821475 0,6821 % 0.013136570 0.000089610 -0.000089610 0.006731865 370.08 WALNUT VALL WT DIST IMP DIST #4 0.001658162 0.1658 % 0.013136570 0.000021782 -0.000021782 0.001636380 400.00 EDUCATIONAL REV AUGMENTATION FD 0,076962766 7.6962 % 0.013136570 0.001011026 EXEMPT 0.076962766 400.01 EDUCATIONAL AUG FD IMPOUND 0.133937622 13.3937 % 0.013136570 0.001759480 EXEMPT 0.133937622 400.15 COUNTY SCHOOL SERVICES 0.001395816 0.1395 % 0.013136570 0.000018336 EXEMPT 0.001395816 400.21 CHILDREN'S INSTIL TUITION FUND 0.002770143 0.2770 % 0.013136570 0.000036390 EXEMPT 0.002770143 809.04 MT.SAN ANTONIO COMMUNITY COLLEGE 0.029897920 2.9897 % 0.013136570 0.000392756 EXEMPT 0.029897920 AUDITOR ACAFAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE 2 FISCAL YEAR 2004-2005 ANNEXATION NUMBER: L 077-1 PROJECT NAME: L 077-1 CURRENT ACCOUNT # TAXING AGENCY TAX SHARE 809.20 MT SAN ANTONIO CHILDRENS CTR FD 0.000288693 980.03 WALNUT VALLEY UNIF. SCHOOL DIST. 0.194724677 980.06 CO.SCH.SERV.FD.-WALNUT VALLEY 0.007734911 960.07 DEV.CTR.HDCPD.MINOR-WALNUT VY. 0.000852062 TRA: 10071 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE 0.0288 % 0.013136570 0.000003792 19.4724 1 0.013136570 0.002558014 0.7734 0.013136570 0.000101610 0.0852 0.013136570 0.000011193 ADJUSTMENTS EXEMPT EXEMPT EXEMPT EXEMPT NET SHARE 0.000288693 0.194724677 0.007734911 0.000852062 ***023.06 CO LIGHTING MAINT DIST NO 10006 --------- -------------------------------- 0.000000000 ----------- 0.0000 $ 0.013136570 0.000000000 0,000000000 0.007243973 TOTAL: 1.000000000 ----------- 100.0000 & ----------- ------------- 0.013136570 ----------- -0,007243973 ----------- 1.000000000 AUDITOR ACAFAM03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE 1 FISCAL YEAR 2004-2005 ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER: 023.06 TRA: 10069 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: L 086-9 PROJECT NAME: L 086-9 DISTRICT SHARE: 0.013136570 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 25.9319 $ 0.013136570 0.003406425 -0.003491961 0.255815614 0.0112 $ 0.013136570 0.000001478 0.000000000 0.000112548 2.2981 $ 0.013136570 0.000301903 -0.000301903 0.022680007 17.3054 % 0.013136570 0.002273347 -0.002273347 0.170781564 0.6398 0.013136570 0.000084058 0.000000000 0.006398825 0.1700 % 0.013136570 0.000022332 -0.000022332 0.001677669 0.9620 % 0.013136570 0.000126381 -0.000126381 0.009494235 0.0366 $ 0.013136570 0.000004812 -0.000004812 0.000361522 1.2533 $ 0.013136570 0.000164643 -0.000164643 0.012368550 5.1917 $ 0.013136570 0.000682016- -0.000682016 0.051235402 0.4210 $ 0.013136570 0.000055312 -0.000055312 0.004155247 0.0749 $ 0.013136570 0.000009839 -0.000009839 0.000739189 0.6821 $ 0.013136570 0.000069609 -0.000089609 0.006731753 0.1657 $ 0.013136570 0.000021772 -0.000021772 0.001635606 7.6962 $ 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 $ 0.013136570 0.001759480 EXEMPT 0.133937622 0.1395 $ 0.013136570 0.000018336 EXEMPT 0.001395840 0.2770 % 0.013136570 0.000036391 EXEMPT 0.002770244 2.9898 0.013136570 0.000392757 EXEMPT 0.029898056 CURRENT ACCOUNT # TAXING AGENCY TAX SHARE 001.05 LOS ANGELES COUNTY GENERAL 0.259307575 001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000112548 003.01 L A COUNTY LIBRARY 0.022981910 007.30 CONSOL. FIRE PRO.DIST.OF L.A.CO. 0.173054911 007.31 L A C FIRE-FFW 0.006398825 030.10 L.A.CO.FL.CON.DR.IMP.DIST.MAINT. 0.001700001 030.70 LA CO FLOOD CONTROL MAINT 0.009620616 061.80 GREATER L A CO VECTOR CONTROL 0.000366334 0 6.80 CO SANIT DIST NO 21 OPERATING 0.012533193 ✓1/46.01 CITY -DIAMOND BAR TD # 1 0.051917418 365.05 THREE VALLEY MWD DRIG AREA 0.004210559 370.05 WALNUT VALLEY WATER DISTRICT 0.000749028 370.07 WALNUT VALL WT DIST IMP DIST #3 0.006821362 370.08 WALNUT VALL WT DIST IMP DIST #4 0.001657378 400.00 EDUCATIONAL REV AUGMENTATION FD 0.076962766 400.01 EDUCATIONAL AUG FD IMPOUND 0.133937622 400.15 COUNTY SCHOOL SERVICES 0.001395840 400.21 CHILDREN'S INSTIL TUITION FUND 0.002770244 809.04 MT.SAN ANTONIO COMMUNITY COLLEGE 0.029898056 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 25.9319 $ 0.013136570 0.003406425 -0.003491961 0.255815614 0.0112 $ 0.013136570 0.000001478 0.000000000 0.000112548 2.2981 $ 0.013136570 0.000301903 -0.000301903 0.022680007 17.3054 % 0.013136570 0.002273347 -0.002273347 0.170781564 0.6398 0.013136570 0.000084058 0.000000000 0.006398825 0.1700 % 0.013136570 0.000022332 -0.000022332 0.001677669 0.9620 % 0.013136570 0.000126381 -0.000126381 0.009494235 0.0366 $ 0.013136570 0.000004812 -0.000004812 0.000361522 1.2533 $ 0.013136570 0.000164643 -0.000164643 0.012368550 5.1917 $ 0.013136570 0.000682016- -0.000682016 0.051235402 0.4210 $ 0.013136570 0.000055312 -0.000055312 0.004155247 0.0749 $ 0.013136570 0.000009839 -0.000009839 0.000739189 0.6821 $ 0.013136570 0.000069609 -0.000089609 0.006731753 0.1657 $ 0.013136570 0.000021772 -0.000021772 0.001635606 7.6962 $ 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 $ 0.013136570 0.001759480 EXEMPT 0.133937622 0.1395 $ 0.013136570 0.000018336 EXEMPT 0.001395840 0.2770 % 0.013136570 0.000036391 EXEMPT 0.002770244 2.9898 0.013136570 0.000392757 EXEMPT 0.029898056 AUDITOR ACAFAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE 2 FISCAL YEAR 2004-2005 ANNEXATION NUMBER: L 066-9 PROJECT NAME: L 086-9 TRA: 10069 CURRENT PROPOSED ALLOCATED ACCOUNT # --------Y TAXING AGENCY TAX SHARE PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 809.20 MT SAN ANTONIO CHILDRENS CTR FD 0.000288S83 0.0288 $ 0.013136570 0.000003790 EXEMPT 0.000288583 980.03 WALNUT VALLEY UNIF. SCHOOL DIST. 0.194726584 19.4726 $ 0.013136570 0.002558039 EXEMPT 0.194726584 980.06 CO.SCH.SERV.FD.-WALNUT VALLEY 0.007738839 0.7738 $ 0.013136570 0.000101661 EXEMPT 0.007738839 980.07 DEV.CTR.HI)CPD.MINOR-WALNUT VY. 0.000849808 0.0849 % 0.013136570 0.000011163 EXEMPT 0.000849808 ***023.06 CO LIGHTING MAINT DIST NO 10006 0.000000000 0.0000 $ 0.013136570 0.000000000 0.000000000 0.007243927 TOTAL: 1.000000000 100.0000 % 0.013136570 -0.007243927 1.000000000 AUDITOR ACAFAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE 1 FISCAL YEAR 2004-2005 ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER: 023,06 TRA: 12348 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: L 119-7 PROJECT NAME: L 119-7 DISTRICT SHARE: 0,013136570 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE ADJUSTMENT'S NET SHARE 25.9318 $ 0.013136570 0.003406415 -0.003491951 0.255814988 0.0112 $ 0.013136570 0.000001478 0.000000000 0.000112539 2.2982 $ 0.013136570 0.000301904 -0,000301904 0,022680100 17.3054 $ 0.013136570 0.002273348 -0.002273348 0.170781598 0.6398 $ 0.013136570 0.000084058 0.000000000 0.006398810 0.1700s 0.013136570 0.000022333 -0.000022333 0.001677732 0.9620 $ 0.013136570 0.000126381 -0.000126381 0.009494186 0.0366 0,013136570 0.000004812 -0.000004812 0.000361540 1.2533 $ 0.013136570 0.000164642 -0.000164642 0.012368499 5.1917 % 0.013136570 0.000682016 -0.000682016 0.051235402 0,4210 1 0.013136570 0.000055312 -0.000055312 0.004155248 0.0749 $ 0.013136570 0.000009840 -0.000009840 0.000739235 0.6821 $ 0.013136570 0.000089609 -0.000089609 0.006731778 0.1657 % 0.013136570 0.000021771 -0.000021771 0.001635533 7.6962 $ 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 % 0.013136570 0,001759480 EXEMPT 0.133937622 0.1395 $ 0.013136570 0.000018336 EXEMPT 0.001395814 0.2770 $ 0.013136570 0.000036391 EXEMPT 0.002770270 2.9898 $ 0.013136570 0.000392758 EXEMPT 0.029898113 CURRENT ACCOUNT # TAXING AGENCY TAX SHARE 001,05 LOS ANGELES COUNTY GENERAL 0,259306939 001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000112539 003.01 L A COUNTY LIBRARY 0.022982004 007.30 CONSOL. FIRE PRO.DIST.OF L.A.CO. 0.173054946 007.31 L A C FIRE-FFW 0.006398810 030,1D L.A.CO.FL,CON.DR.IMP.DIST.MAINT. 0.001700065 030.70 LA CO FLOOD CONTROL MAINT 0.009620567 061.80 GREATER L A CO VECTOR CONTROL 0.000366352 CO SANIT DIST NO 21 OPERATING 0.012533141 066.80 ,/146,01 CITY -DIAMOND BAR TD # 1 0.051917418 365.05 THREE VALLEY MWD ORIG AREA 0.004210560 370,05 WALNUT VALLEY WATER DISTRICT 0.000749075 370.07 WALNUT VALL WT DIST IMP DIST #3 0.006821387 370.08 WALNUT VALL WT DIST IMP DIST #4 0.001657304 400.00 EDUCATIONAL REV AUGMENTATION FD 0.076962766 400.01 EDUCATIONAL AUG FD IMPOUND 0.133937622 400.15 COUNTY SCHOOL SERVICES 0.001395814 400.21 CHILDREN'S INSTIL TUITION FUND 0.002770270 609.04 MT.SAN ANTONIO COMMUNITY COLLEGE 0.029898113 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE ADJUSTMENT'S NET SHARE 25.9318 $ 0.013136570 0.003406415 -0.003491951 0.255814988 0.0112 $ 0.013136570 0.000001478 0.000000000 0.000112539 2.2982 $ 0.013136570 0.000301904 -0,000301904 0,022680100 17.3054 $ 0.013136570 0.002273348 -0.002273348 0.170781598 0.6398 $ 0.013136570 0.000084058 0.000000000 0.006398810 0.1700s 0.013136570 0.000022333 -0.000022333 0.001677732 0.9620 $ 0.013136570 0.000126381 -0.000126381 0.009494186 0.0366 0,013136570 0.000004812 -0.000004812 0.000361540 1.2533 $ 0.013136570 0.000164642 -0.000164642 0.012368499 5.1917 % 0.013136570 0.000682016 -0.000682016 0.051235402 0,4210 1 0.013136570 0.000055312 -0.000055312 0.004155248 0.0749 $ 0.013136570 0.000009840 -0.000009840 0.000739235 0.6821 $ 0.013136570 0.000089609 -0.000089609 0.006731778 0.1657 % 0.013136570 0.000021771 -0.000021771 0.001635533 7.6962 $ 0.013136570 0.001011026 EXEMPT 0.076962766 13.3937 % 0.013136570 0,001759480 EXEMPT 0.133937622 0.1395 $ 0.013136570 0.000018336 EXEMPT 0.001395814 0.2770 $ 0.013136570 0.000036391 EXEMPT 0.002770270 2.9898 $ 0.013136570 0.000392758 EXEMPT 0.029898113 AUDITOR ACAFAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE FISCAL YEAR 2004-2005 ANNEXATION NUMBER: L 119-7 PROJECT NAME: L 119-7 TRA: 12348 CURRENT PROPOSED ALLOCATED ACCOUNT # --------- TAXING AGENCY -------------------------------- TAX SHARE ----------- PERCENT ----------- DIST SHARE ----------- SHARE ----------- ADJUSTMENTS ----------- NET SHARE ----------- 809.20 MT SAN ANTONIO CHILDRENS CTR FD 0.000288659 0.0288 * 0.013136570 0,000003791 EXEMPT 0.000288659 980.03 WALNUT VALLEY UNIF. SCHOOL DIST. 0.194726860 19.4726 % 0.013136570 0,002558043 EXEMPT 0.194726860 980.06 CO.SCH.SERV.FD.-WALNUT VALLEY 0.007738913 0.7738 k 0.013136570 0,000101662 EXEMPT 0.007738913 980.07 DEV.CTR.HDCPD.MINOR-WALNUT VY, 0.000849876 0,0849 k 0.013136570 0.000011164 EXEMPT 0.000849876 ***023.06 --------- CO LIGHTING MAINT DISI' NO 10006 -------------------------------- 0.000000000 0.0000 t 0.013136570 0.000000000 0.000000000 0.007243919 ----------- TOTAL: ----------- 1.000000000 ----------- 100,0000 ----------- % ----------- 0.013136570 ----------- -0.007243919 1.000000000 COUNTY OF LOS 4AP4ES DEPARTMENT OF PU.APy MKS 7o Enrich Lives Through Effec`K,, �Tw SggVF 14..21 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91 803-1 33 1 Telephone: (626) 458-5100 www.ladpw.org February 9, 2005 Ms. Linda C. Lowry City Manager City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765-4177 Dear Ms. Lowry: ADDRESS ALL CORRESPONDENCE TO: P.O. BOX I460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE; T-5 STREET LIGHTING DISTRICTS NEGOTIATED TAX EXCHANGE RESOLUTION FOR ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE CITY OF DIAMOND BAR TRACT NO. 31850, TRACT NO. 42564, PARCEL MAP NO. 18722, L 077-1, L 086-9, L 119-7, AND L 034-99 Your City has previously granted Consent and Jurisdiction to the County of Los Angeles for the annexation of the subject projects into County Lighting Maintenance District (CLMD) 10006 and County Lighting District LLA -1, Diamond Bar Zone. CLMD 10006 is located wholly within the jurisdictional boundaries of the City of Diamond Bar and is administered by the County of Los Angeles on behalf of the City of Diamond Bar. In order to provide funding for the operation and maintenance of street lights within the project areas, we are processing the exchange of property tax revenues with all nonexempt taxing agencies including the City of Diamond Bar. Enclosed are Joint Resolutions between the County of Los Angeles, the City of Diamond Bar, and other taxing agencies, approving and accepting the negotiated exchange of property tax revenues resulting from the annexation of the subject projects into CLMD 10006. Attached to the Joint Resolutions are the worksheets listing the share of the annual tax increment to be exchanged between the City of Diamond Bar, other affected taxing agencies (school -related agencies are exempted by State law), and the Lighting District. The tax -sharing ratio listed in the worksheets were calculated using a formula approved by the Auditor -Controller and County Counsel. Upon your City's approval of the enclosed Resolutions, we will continue the tax exchange processing for this project and mail out the Joint Resolutions for the negotiated tax exchange to the other affected taxing agencies for their approval. Ms. Linda C. Lowry February 9, 2005 Page 2 The costs for the operation and maintenance of street lights located within the CLMD 10006 are primarily funded by ad valorem property tax and supplemented by street lighting assessments. The collection of property tax revenues has allowed CLMD 10006 to maintain a low $13 annual base assessment rate for a single-family home within the Diamond Bar Zone. As shown in the enclosed Property Tax Transfer Worksheet for Tract 31850 (Tax Rate Area 10403), the current tax share ratio for the City of Diamond Bar is 0.051917418. Out of the City's tax share , the City would allocate 0.000682016 to CLMD 10006, with a net share to the City of 0.051235402. For example, a $10,000 increment in assessed valuation of a parcel means that the parcel will pay an additional $100 in property taxes, of which the City would receive $5.123 and the CLMD 10006 would receive $0.068. We have prepared the enclosed Joint Resolutions for your use in this matter. Please have two copies of the enclosed Joint Resolutions executed and returned to us in the enclosed self-addressed envelope by March 15, 2005. If you have any questions, please contact Mr. Fabian Negrini of our Street Lighting Section at (626) 300-4865. Very truly yours, DONALD L. WOLFE Acting Direc r of Public Works IATER f G Assistant a Director Traffic and Lighting Division FN:kw I�w011pwRu66c1tloub\WPFILESTILESISTLTMCONSENT & JURISDICTION (C&J's)1C&J DIAMOND SARM. 31850 Tr. 42564, Pm 18722 L 077-1 gtc....doc Enc. r PLIC gG1JF1EL.D IOD 74 > A s MB 109 -1aUD 3 \� refs. o CLWD1000 PAOJ6 PAOAECI N0. 112-f� Z� uNIEKEO 09-1S-96 �t �. \� ,. '' •. 'err;'•....• •'`�• o VICINITY IAP i . �: _ :•'•••'•:t�:: ~_ foT To SCALE �r ..:: d : '"o `b K • 1 V. o+A\ [`� --''' .:'. v' o4 InG ��'jj:''• h� FEE T ••�• :Lfl•.'.•.'.•. � C' Q 50 140 1�D 240 :.•,.; � M 200 TDD 0 (} , J 6� S C A L E V I DISCLAIMER •'•'•'' o THIS MAP IS BASED IPPON 1170RMAUCH ►RDW n ••••• 4 2 ID �aW}W Fu 0c AHD wASI-PuRT pL1C RECwoS. 11 DOES TR N .v. wICH a 4Q'�= NOT SHOW E)( pOWItOALOCATIONS WHICH ST BE DEIERMO&D BY CURII F11LD 2 •b• F' iA:ASUAEtICN15. ::ti;: s B 1 8 -44-512 e clue 10004 ¢ •�rNa�� �� • 3 S • \ PRO15 PROJECT NO. 6 -ST 4 {{ MIEKED 12 -IS -22 M„EGEND: LOS ANGELES COUNTY DEPARTIaENT OF PUBLIC WORKS �• ':•.• PROPOSED AHNEKATIOH TD THE COIRHTT TWFIC AND LIGHTING DIVISION •;;;;•; ;•;•;•; PROPOSED A1MXATIO" LIGHIINC MAI NII HANCE 0,SIRICI O 10046 AND C0UH1I LIGHTING nyn)m ��� E%1STIRO LIGHTING DISTRICT DISIAICt LLA -1 PROJECT N0. 214-f37 // C.L. CENKII LIRE DIANOND BAR ZONE PHEPurtO BY% D E, scull rZ. A. ANBESSA■ 07-'J1-00 t' •• I00' O PARI NAME t.G• PACEI DAIA GY:TAIIED IN THIS MAP BAS PPOOUCFD IN WHOLE uR PART FRflAI 7 t CLMD. 1DO06.PRJ2t t -FI 6i10 0-1 LOS A=11 COLAfTT DEPAIIIEW OF PUBLIC VMS, DIGITAL DAI%ASE.__ C.L.M.D. NO., A.Y.D. ND.1 H.H. HO.I ANLAI .1i N - 100Dc of I N B6 • �5' 15- W 73],91 CL MO /0006 POB o TR, N0. 42591 �, PROD. 114 -64 LEGEND ` PROPOSED ANNEXATION BOUNDARY ti } _ — — EXISTING CLMD BOUNDARY (tel �2 �• ti y0 ,, •a a9 do ti°+ 2g 75 •,li o, _ TR N p N J I 4°" 2 5 6 4 0 s {5 W Pa OP Oso NN 43 I as YS 'x t. - s a yy. m ON - o P wu _ NIS• 120.1 4 rf titi0 y M 1093 12 �- 18 alio .p "' " p R *0 Roy �pp6 - s 6 PROPOSED ANNEXATION TO COUNTY �8� �� s 7 LIGHTING MAINTENANCE DISTRICT W �� 10006 AND COUNTY LMHTING BENE474 ry DISTRICT LLA -I 1 z DIAMOND BAR ZONE s 3 1'=' 371-'° `.x07'31'15E � NO3. 31' IS. R F AdIB 070/ x oa. a' ,9 - 4 40� e PROJ. 517E �6 Q, ro a 10 a j OY AVE, VICINITY MAP NOT TO SCALE X0403 • CONTAINING 41 e ACHE'S C.S. /N0£X 114-337 II YL1 �-� ISO . d• Z Sfo L} LOS ANGELES COUNTY DEPARTMENT OF PU9LIC WORKS TRAFFIC AHD LIGHTING DIVISION CLMD 10006 PROJECT 284-107 F.K. 51":200 T•D680 DI P.�n�9m O:z � P.R LEGEND PROPOSED ANNEXATION BOUNDARY ------ EXISTING Cl -MD BOUNDARY 6 eel OO��ao --�(b POB � zo o J a � m F 1 0 - Y ROPOSED ANNEXATION TO COUNTY IGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING ISTR ICT LLA -1 p` _ aap, �n lr CS ytP � A0 DIAMOND BAR ZONE prr AMD 8285 �4 Q° .I A V / CONTAINING : 20 s ACRES C.S. INDEX : 099-317 099-337 x Op 0wp 1FY fT 9 PIl OJ. SITE VICINITY MAP HOT TO SCALE 0 100 200 000 400 I�G�c�l>,A(Ap I �� LOS ANGELES COUN Y DEPIRTNEIIT OF PUBLIC WORKS TRAFFIC AND LIGHTINO DIVISION CLMD 10006 PROJECT 96-62 ± pywn - Su2 T.G F.K. i"=200 679 -H 6 RYGP U,E _ E om LEGEND .-- 2022�/�:,/;�,/�/�c�•s;PROP05ED ANNEXATION BOUNDARY �U�/�1JJJ1/sEXISTING CLMD BOUNDARY CLMD 10006• PM. N0. 8663 PET. 121-78 P. 0.8. e a e PROPOSED ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1 DIAMOND BAR ZONE "'CLMD 10006 TR. N0. 36346 PET. 194-110, L077-1 paps TR . 51079 ♦ F� MS 1192 - 5 - .7.•:;:, ♦♦'''1':':` �tiy '":: CLMD 10006 ♦ �+ R. N0. 37873 ♦♦ err ET. 107-61 B Moo* 00 REF : AMB 8717 CONTAINING : 5.42 ACRES I.M. 114-337 Mw. IPI[ � YICtNITY NAP NOT TO SCALE 10003 0 100 200 300 400 L U-�?- LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS TRAFFIC AND LIONTINO DIVISION CLMD 10006 PROJECT 90-83 owww Sue mama I T.0 F.K. 1"- 0' 680 - A2 Rcmn® C's OAS P �H�gH � LN (V 0 fl 'IV V.L. "CLMD ldOO6 F PROJ. NO. 143-9S ^ l ANNEX 6-2-87 1O�, �r'��3E 106 `�� -30 2-2T-83 i sem/ VICINITY MAP HOT TO SCALE loC) 11APP I D SERVICES F E E T 0 50 100 150 200 DISCLA:MER THIS MAP IS BASED UI'0N IIIFUnMATION FROM PuRLIC AND 0UAS1-PDDLIC RECOROS. IT DUES NOT SHOW EXACT OOUNN1AJIY LOCATIONS YHICII �•�y / DO 100 0 O �j / _ — $ C A L E MUST BE UETEHMINEO 7iY CURRENT FIELD U{�//1 MLASURLMLNTS. LEGEND: LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS PROPOSED ANNEXATION PnopOSED ANNEXATION TO THE COUNTY LIGHTING MAN/TFNANCF DISTRICT TRAFFIC AND LIGHTING DIVISION 10006 L[CINTINC PROJECT NO. 134-78 � �w EXISTING LIGHTING DISTRICT 0157RIC70LLAUfTY C.L. CENTER LINE DAIMOND BAR 7OHE PREPARED BY! DATE: SCALE: U- V- COEAnErm 01-21-2000 1` 100` PA117 NAME: Y.G.. PAGE: DATA CONTAINED IN THIS IUP WAS PRLWCEU IN WHOLE OR PMT FROM THE CLL0.1000G.PnJ134-70 679-J5 LOS ANGELES COUNTY DEPARTMENT OF PuL.L.IG wi:04S' DIGITAL DATABASE. _ C, L. M, D. NO.: A.M.O. NO.: H.H. NO.: AREA: SHEET: 10r , 82!72 IOB3 ]7 1051!7 8.27 AC 3 1 DF 1 I o I m.l. avi GEND... —�r� -- PROPOS-ED ANNEXATION BOLINOhf1Y 6 -- EXISTING CI -MD F30UNDARY d CONTAINING : 32.8 ACRES C.S. INDEX :99-337 s/ / 20 qq I - vo oa o 1.1+Q 2 / A too Ix 0 A a �r y / 0 0 -ky) d 1 9 06� d Pon PROPOSED ANNEXATION TO COUNTY LIGHTING MAINTENANCE DIS'iFtICT IOOOG AND COUNTY LIGHTING DISTRICT LLA -I DIMOND BAR ZONE w VICINITY MAP NOT TO SCALE {) Ion no 300 401; L >> 9--7 LO _ S'iNAHD Ll EPART ENT F i'Ul3L'C "" S TAAFF•IC CL.MD ...10006 PROJECT 207-08 T.13680 A4 I"-200' rr�un Agenda # Meeting Date March 21,2006 CITY COUNCIL ,A � AGENDA REPORT TO: Honorable Mayor and Members a City Council VIA: Linda C. Lowry, City Manage TITLE: ADOPT RESOLUTION 2006 -XX: JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY; THE BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT NO. 5 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF L 034-99 (LA FITNESS, 20801 GOLDEN SPRINGS DRIVE AND DIAMOND PLAZA, 20855 GOLDEN SPRINGS DRIVE) TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. RECOMMENDATION: Adopt the joint resolution. FINANCIAL IMPACT: None. The costs for the operation and maintenance of street lights located within the Lighting District are primarily funded by property tax and supplemented by street lighting assessments. The collection of property tax revenues has allowed the Lighting Districts to maintain a low $13 annual base - assessment rate for a single family home. For other types of property uses, such as apartments and commercial businesses, the assessment rates are proportionately higher. As shown on the attached Property Tax Transfer Worksheets, the current allocated tax -share ratio for the City of Diamond Bar is $0.051917418. Out of the City's tax share ratio, the City would allocate $0.000682016 to County Lighting Maintenance District 10006, with a net share to the City of $0.051235402. For example, a $10,000 increment in assessed valuation of a parcel means that parcel will pay an additional $100 in property taxes, of which the City would receive $5.123 and CLMD 10006 would receive $0.068. Since these are privately owned properties (and property tax revenue generating properties), the City, along with other special districts, would share a portion of the growth of the 1% property tax with CLMD 10006 when the properties are improved. The City does not "lose" property tax money; rather, the City, along with other special districts, will share the "growth" of property tax with CLMD 10006. Again, these property tax revenues help keep the base -rate assessment to a low $13 for a single family home in CLMD 10006. The assessment, however, will be levied against the benefited property owners. BACKGROUNDIDISCUSSION: The area described as L 034-99 (north side of Golden Springs Drive between LA Fitness and Coco's Restaurant) is being processed for annexation to the County Lighting Maintenance District (CLMD) 10006, Diamond Bar Zone, in order to provide funds for the operation and maintenance of street lights within the project areas. County Lighting Maintenance District 10006 is located wholly within the jurisdictional boundary of the City of Diamond Bar and is administered by the County of Los Angeles on behalf of the City. City Council approval of the joint resolution is required between the County of Los Angeles and the City of Diamond Bar (and various other taxing agencies) in order to approve and accept the negotiated exchange of property tax revenues resulting from the annexation of the subject areas into CLMD 10006. The share of the annual tax increment to be exchanged between the City and other affected taxing agencies is listed in the attached worksheets in the Resolution. PREPARED BY: Sharon Gomez, Public Works Services Manager REVIEWED--B`Y. David dKLid Director of Public Works Attachment: Resolution No. 2006 -XX Area Map 2 RESOLUTION NO. 2006 -XX A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY (COUNTY SANITATION DISTRICT NO. 21) THE BOARD OF DIRECTORS OF THE THREE VALLEY MUNICIPAL WATER DISTRICT - ORIGINAL AREA; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 5 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM ANNEXATION OF L 034-99 TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 WHEREAS, pursuant to Section 99.01 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change that will result in a special district providing one or more services to an area where those services have not previously been provided by any local agency, the special district and each local agency that receives an apportionment of property tax revenue from the area must negotiate an exchange of property tax increment generated in the area subject to the jurisdictional change and attributable to those local agencies; and WHEREAS, the Board of Supervisors of the County of Los Angeles, acting on behalf of the County of Los Angeles, the Los Angeles County Library, the Consolidated Fire Protection District of Los Angeles County, the County Flood Control Drainage Improvement District, and the Los Angeles County Flood Control District; the Board of Directors of the Greater Los Angeles County Vector Control District; County Sanitation District No. 21 of Los Angeles County (County Sanitation District No. 21); the City Council of the City of Diamond Bar; the Board of Directors of the Three Valley Municipal Water District - Original Area; the Board of Directors of the Walnut Valley Water District; and the Board of Directors of the Walnut Valley Water Improvement District No. 5 have determined that the amount of property tax revenue to be exchanged between their respective agencies as a result of the annexation identified L 034-99 to County Lighting Maintenance District 10006 is as set forth below: NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The negotiated exchange of property tax revenues between the County of Los Angeles; the Los Angeles County Library; the Consolidated Fire Protection District of Los Angeles County; the Los Angeles County Flood Control Drainage Improvement District, and the Los Angeles County Flood Control District; the Greater Los Angeles County Vector Control District; County Sanitation District No. 21; the City of Diamond Bar; Three Valleys Municipal Water District — Original Area; the Walnut Valley Water District; and the Walnut Valley Water Improvement District No. 5 resulting from the annexation identified as L 034-99. 2. For fiscal years commencing on or after July 1, 2005, or the July 1 after the effective date of this jurisdictional change, whichever is later, the property tax revenue increment generated from the area within L 034-99 (Tax Rate Area 10087) shall be allocated to the affected agencies as indicated in the attached worksheet. 4. If at any time after the effective date of this Resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect, thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year, and any amounts of property tax received in excess of that, which is proper shall be refunded to the appropriate agency. PASSED, APPROVED AND ADOPTED thisday of day of March, 2006, by the following vote: Carol Herrera,Mayor 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 the day of March, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: TOMMYE CRIBBINS, City Clerk City of Diamond Bar 2 ITOR ACAPAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/200S PAGE 1 FISCAL YEAR 2004-2005 ANNEXATION TD: CO LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER: 023,06 TRA: 10087 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: L 034-99 PROSECT NAME: L 034-99 DISTRICT SHARE: 0.013136570 ACCOUNT -`-------TAXING AGENCY CURRENT TAIL SHARE PERCENT PROPOSED DIST SHARE ALLOCATED SHARE ADJUSTMENTS NET SHARE 001.,05 LOS ANGELES COUNTY GENERAL 0.264691785 26.4703 % 0.013136570 0.003477153 -0.003564327 0,261127458 001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000113705 0.0113 0.013136570 0.000001493 0.000000000 0.000113705 003.01 L A COUNTY LIBRARY 0.023294986 2.3294 % 0.013136570 0.000306016 -0.000306016 0.022988970 007.30 CONSOL. FIRE PRO.DIST.OF L.A.CO. 0.174937516 17.4937 % 0.013136570 0.002298078 -0.002298078 0.172639438 007.31 L A C FIRE-FFW 0.006522357 0.6522 % 0.013136570 0.000085681 0.000000000 0.006522357 030.10 L.A.CO.FL.CON.DR.IMP.DIST.MAINT. 0.001728861 0.1728 % 0,013136570 0.000022711 -0.000022711 0.001706150 030.70 LA CO FLOOD CONTROL MAINT 0.009783719 0.9783 % 0.013136570 0.000128524 -0.000128524 0.009655195 061.80 GREATER L A CO VECTOR CONTROL 0.000372286 0.0372 % 0.013136570 0.000004890 -0.000004890 0.000367396 066.80 CO SANIT DIST NO 21 OPERATING 0.012696401 1.2696 $ 0.013136570 0.000166787 -0.000166787 0.012529614 1/146-01 CITY -DIAMOND BAR TD # 1 0.051917418 5.1917 % 0.013136570 0.000682016 -0.000682016 0.051235402 365.05 THREE VALLEY MWD ORIG AREA 0,004272528 0.4272 % 0.013136570 0.000056126 -0.000056126 0.004216402 370.05 WALNUT VALLEY WATER DISTRICT 0.000761115 0.0761 % 0.013136570 0.000009998 -0,000009998 0.000751117 370.09 WALNUT VALL WT DIST IMP DIST # 5 0.002240494 0.2240 $ 0.013136570 0.000029432 -0.000029432 0.002211062 400.00 EDUCATIONAL REV AUGMENTATION FD 0.066383141 6.6383 $ 0,013136570 0.000872046 EXEMPT 0.066383141 400.01 EDUCATIONAL AUG FD IMPOUND 0.140030770 14.0030 $ 0.013136570 0.001839524 EXEMPT 0.140030770 400.15 COUNTY SCHOOL SERVICES 0.001410984 0.1410 $ 0.013136570 0.000018535 EXEMPT 0.001410984 400.21 CHILDREN'S INSTIL TUITION FUND 0.002800398 0.2800 % 0.013136570 0.000036787 EXEMPT 0.002800398 809,04 MT.SAN ANTONIO COMMUNITY COLLEGE 0.030223221 3.0223 $ 0.013136570 0.000397029 EXEMPT 0.030223221 $09,20 MT SAN ANTONIO CHILDRENS CTR FD 0.000291657 0.0291 % 0.013136570 0.000003831 EXEMPT 0,000291657 )ITOR ACAFAN03 REPRINT PROPERTY TRANSFER RESOLUTION WORKSHEET PREPARED 01/18/2005 PAGE 2 FISCAL YEAR 2004-2005 ANNEXATION NUMBER: L 034-99 PROJECT NAME: L 034-99 TRA: 10087 ACCOUNT # TAXING AGENCY CURRENT TAX SHARE PERCENT PROPOSED DIST ALLOCATED SHARE SHARE ADJUSTMENTS NET SHARE 980.03 WALNUT VALLEY UNIF, SCHOOL DIST. 0.196844591 1.9.6844 $ 0.013136570 0.002585862 4 EXEMPT 0.196844591 980.06 CO.SCH.SERV.FD.-WALNUT VALLEY 0.007822965 0.7822 % 0.013136570 0.000102766 EXEMPT 0.007822965 980,07 DEV.CTR.HDCPD.MINOR-WALNUT Vy. 0.000859102 0.0659 % 0.013136570 0.000011285 EXEMPT 0.000859102 ***023.06 CO LIGHTING MAINT DIST NO 10006 0.000000000 0.0000 $ 0.013136570 0.000000000 0.000000000 0.007268905 TOTAL: 1.000000000 100.0000 % 0.013136570 -0.007268905 1.000000000 WPLJ V SERNo VICES F E E T 9 _50 190 150 290 200 100 0 S C A L E DISCLAIMER THIS MAP IS BASED UPON INFORMATION FROM PUBLIC AND OUASI-PUBLIC RECORDS. IT DOES NOT SHOW EXACT BOUNDARY LOCATIONS WHICH MUST BE DETERMINED BY CURRENT FIELD MEASUREMENTS. PROPOSED ANNEXATION TO THE COUNTY LI [CHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -I DIAMOND BAR ZONE ,. VICINITY MAP NOT TO SCALE Q M + 5T �+ o NO 25 856 42 44 47 46 45 4a 4 7 3� g3 22 51 50 4g 24 �wY 6o Clf 1 N 00 N 1 A 0� O OS2 ......... ....Ram P.Q-B. ' :'. :':': PR,NGS 2 O 9 1D 11 OR - 5 � 6 N 5 . . . . _ .� , S 9 7 7 2 �G z : z� c� Z 5 64 a cc m 26 C LT cry 18 17 16 20 19 22 23 Go�DE� Q �� a, Z9 o 2� 9 M1 30 q.,5 >m RpNGE70 15% 2`L 9 2O 1� 19 `� ,$?. ADO g� LEGEND! PROPOSED ANNEXATION 7 w EYISTING LIGHTING DISTRICT C.L. CENTER LINE DATA CONTAINED IN THIS MAP WAS PRODUCED IN WHOLE OR PART FROM THE LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS' DIGITAL DATABASE. N L03+ - q q LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS TRAFFIC AND LIGHTING DIVISION PROJECT NO. 443-129 CITY OF DIAMOND BAR AREA S.Q. PREPARED BY: GATE: SCALF: MEIN N. CNU OH -19-02 1. d 100' PART NAME: C. PAGE: m .n.nnnc.no �.. a_�oo ain_ry CITY COUNCIL Agenda 4 6.12 _Laj Meeting Date: March 21 2006 AGENDA REPORT TO: Honorable Mayor and Members of t Cit Council VIA: Linda C. Lowry, City Manager TITLE: ADOPT RESOLUTION 2006-X ESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNT OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE, CITY OF DIAMOND BAR, L 062-2005 (ORIENTAL NURSERY, 1035 BANNING WAY AND BANNING WAY PLAZA, 20655 GOLDEN SPRINGS DRIVE) AND PARCEL MAP 22987 (BEST WESTERN HOTEL, 259 GENTLE SPRINGS LANE). RECOMMENDATION: Adopt the resolution. FINANCIAL IMPACT: None. The costs for the operation and maintenance of street lights located within the Lighting District are primarily funded by property tax and supplemented by street lighting assessments. The collection of property tax revenues has allowed the Lighting Districts to maintain a low $13 annual base - assessment rate for a single family home. For other types of property uses, such as apartments and commercial businesses, the assessment rates are proportionately higher. As shown on the attached Property Tax Transfer Work Sheet, the current allocated tax -share ratio for the City of Diamond Bar is $0.051917418. Out of the City's tax share ratio, the City would allocate $0.000682016 to County Lighting Maintenance District 10006, with a net share to the City of $0.051235402. For example, a $10,000 increment in assessed valuation of a parcel means that parcel will pay an additional $100 in property taxes, of which the City would receive $5.123 and CLMD 10006 would receive $0.068. Since these are privately owned properties (and property tax revenue generating properties), the City, along with other special districts, would share a portion of the growth of the 1% property tax with CLMD 10006 when the properties are improved. The City does not "lose" property tax money; rather, the City, along with other special districts, will share the "growth" of property tax with CLMD 10006. These property tax revenues help keep the base -rate assessment to a low $13 for a single family home in CLMD 10006. BACKGROUND/Di SCLISSION: The areas described as L 062-2005 (boundaries of Banning Way/Golden Springs Drive/Lemon Avenue — Banning Way Plaza and Oriental Nursery) and Parcel Map 22987 (boundaries of Gentle Spring Lane/SR-60/Prospectors Road — Best Western Hotel) are being processed for annexation to the County Lighting Maintenance District (CLMD) 10006 and County Lighting District LLA -1, Diamond Bar Zone, in order to provide funds for the operation and maintenance of street lights to be installed by the developers. County Lighting Maintenance District 10006 is located wholly within the jurisdictional boundary of the City of Diamond Bar and is administered by the County of Los Angeles on behalf of the City. City Council approval of the joint resolution is required between the County of Los Angeles and the City of Diamond Bar (and various other taxing agencies) in order to approve and accept the negotiated exchange of property tax revenues resulting from the annexation of the subject areas into CLMD 10006. As part of the approval process for the Resolution Granting Consent and Jurisdiction to the County of Los Angeles, a separate Joint Resolution (Agenda Items (b) and (c)) should be concurrently approved by the City. With the City's approval of the attached Joint Resolution and the Resolution Granting Consent and Jurisdiction, there will be an exchange of property tax revenues between the City of Diamond Bar and County Lighting Maintenance District 10006. DISCUSSION: PREPARED BY: Sharon Gomez, Public Works Services Manager REVIEWED BY: David G. Director of Public Works Attachment: Resolution No. 2006 -XX Los Angeles County Letter, dated September 26, 2006 Area Maps 2 RESOLUTION NO. 2006 -XX A RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE CITY OF DIAMOND BAR L 062-2005 AND PARCEL MAP 22987 WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence proceedings under Divisions 7 and 15 of the Streets and Highways Code for the annexation of territories to County Lighting Maintenance District 10006 and County Lighting District LLA -1, Diamond Bar Zone; and WHEREAS, street lights have been installed in the proposed annexation territory located in the City of Diamond Bar; and WHEREAS, all of the land included in the proposed annexation lie within the boundary of the City of Diamond Bar. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar, as follows: SECTION 1. That the public interest, convenience, and necessity require the maintenance of a street lighting system located within said territory as shown on the map of the proposed annexation area to County Lighting Maintenance District 10006 and County Lighting District LLA -1, Diamond Bar Zone, attached and on file in the office of the Department of Public Works of the County of Los Angeles. SECTION 2. That this City Council hereby consents to the annexation of said territory, as shown on the enclosed map, included within the boundary of said annexation and lying within the boundary of the City of Diamond Bar. SECTION 3. That this City Council hereby finds and determines that the land included within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will be benefited by the proposed annexation, and hereby consents to the inclusion of said land within the proposed annexation and to the assessment thereof. SECTION 4. That the consent of the City of Diamond Bar is hereby given to the commencement of the proceedings for said annexation to County Lighting Maintenance District 10006 and County Lighting District LLA -1, Diamond Bar Zone, by the Board of Supervisors of the County of Los Angeles, and to the exercise of exclusive jurisdiction of said Board of Supervisors over all proceedings necessary thereto for the purpose of consummating the same, all in accordance with the provisions of Divisions 7 and 15 of the Streets and Highways Code. SECTION 5. That the Clerk of the City Council is hereby directed to certify and deliver two copies of this Resolution to the Department of Public Works of the County of Los Angeles. SECTION 6. The City Clerk shall certify to the passage of this Resolution by the City Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places in the City of Diamond Bar, and it shall thereupon take effect. The City Clerk shall certify to the adoption of the Resolution. PASSED, APPROVED AND ADOPTED this day of March, 2006. Carol Herrera, Mayor 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 AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: day of March, 2006, by the following vote: TOMMYE CRIBBINS, City Clerk City of Diamond Bar 2 AUDITOR ACAPAN03 PROPERTY TAA TRANSFER RESOLUTION WORKSHEET PREPARED 08/08/20D5 PAGE 1 FISCAL YEAR 2004-2005 ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER: 023.06 TRA: 10087 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: L 062-2005 PROJECT NAME: L 062-2005 DISTRICT SHARE: 0,013136570 ACCOUNT # ---------TAXING-AGENCY CURRENT TAX SHARE 001.05 LOS ANGELES COUNTY GENERAL 0.264691785 001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000113705 003,01 L A COUNTY LIBRARY 0.023294986 007.30 CONSOL. FIRE PRO,DIST.OF L.A.CO. 0.174937516 007.31 L A C FIRE-FFW 0.006522357 030.10 L.A.CO.FL.CON.DR.IMP.DIST.MAINT. 0.001728861 030,70 LA CO FLOOD CONTROL MAINT 0.009783719 061.80 GREATER L A CO VECTOR CONTROL 0.000372286 066-80 CO SANIT DIST NO 21 OPERATING 0.012696401 46.01 CITY -DIAMOND BAR TD # 1 0.051917418 365.05 THREE VALLEY MWD ORIG AREA 0.004272528 370.05 WALNUT VALLEY WATER DISTRICT 0.000761115 370.09 WALNUT VALL WT DIST IMP DIST # 5 0.002240494 400.00 EDUCATIONAL REV AUGMENTATION FD 0.066383141 400.01 EDUCATIONAL AUG FD IMPOUND 0.140030770 400.15 COUNTY SCHOOL SERVICES 0.001410984 400.21 CHILDREN'S INSTIL TUITION FUND 0.002800398 809.04 MT -SAN ANTONIO COMMUNITY COLLEGE 0.030223221 809.20 MT.SAN ANTONIO CHILDRENS CTR FD 0.000291657 PROPOSED ALLOCATED PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 26,4703 $ 0.013136570 0.003477153 -0.003564327 0,261127458 0,0113 $ 0.013136570 0,000001493 0.000000000 0.000113705 2,3294 $ 0.013136570 0.000306016 -0.000306016 0.022988970 17.4937 $ 0.013136570 0.002298078 -0.002298078 0.172639438 0,6522 $ 0.013136570 0.000085681 0.000000000 0.006522357 0.1728 $ 0.013136570 0.000022711 -0.000022711 0.001706150 0.9783 % 0.013136570 0.000128524 -0.000128524 0.009655195 0.0372 $ 0.013136570 0.000004890 -0,000004890 0,000367396 1.2696 $ 0.013136570 0.000166787 -0.000166787 0.012529614 5.1917 $ 0.013136570 0.000682016 -0,000682016 0.051235402 0.4272 % 0,013136570 0.000056126 -0.000056126 0.004216402 0.0761 % 0.013136570 0,000009998 -0.000009998 0.000751117 0.2240 $ 0.013136570 0.000029432 -0.000029432 0.002211062 6.6383 $ 0.013136570 0.000872046 EXEMPT 0.066383141 14.0030 $ 0.013136570 0.001839524 EXEMPT 0.140030770 0.1410 9c 0.013136570 0.000018535 EXEMPT 0,001410984 0,2800 1 0.013136570 0,000036787 EXEMPT 0,002800398 3.0223 $ 0,013136570 0.000397029 EXEMPT 0,030223221 0,0291 96 0.013136570 0.000003831 EXEMPT 0.000291657 AUDITOR ACAFAN03 PROPERTY TAX TRANSFER FISCAL YEAR RESOLUTION 2004-2005 WORKSHEET PREPARED 08/08/2005 PAGE ANNEXATION NUMBER: L 062-2005 PROJECT NAME: L 062-2005 TRA; 10087 ACCOUNT ## --------- TAXING AGENCY ------------------- -_ ------ADJUSTMENTS------- CURRENT TAX SHARE --- PERCENT PROPOSED DIST SHARE ----------- ALLOCATED SHARE ----------- NET SHARE 980.03 980.06 980.07 WALNUT VALLEY UNIF. SCHOOL DIST. CO.SCH.SERV.FD.-WALNUT VALLEY DEV.CTR.HDCPD.MINOR-WALNUT VY. 0.196844591 0.007822965 0.000859102 19.6844 0.7822 0.0859 $ % * 0.013136570 0.013136570 0.013136570 0.002585862 0.000102766 0.000011285 ---------- EXEMPT EXEMPT EXEMPT 0..196844591 0.007822965 0.000859102 ***023.06 CO LIGHTING MAINT DIST NO 10006 0.000000000 0.0000 $ 0.013136570 0.000000000 0.000000000 0.007268905 TOTAL: 1.0D0000000 100.0000 96 0.013136570 -0.007268905 1.000000000 -2 AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET FISCAL YEAR 2004-2005 PREPARED 08/24/2005 PAGE 1 ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER: 023.06 TRA: 10003 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: PM 22987 PROJECT NAME: PARCEL MAP 22987 DISTRICT SHARE: 0,013136570 A ACCOUNT # TAXING AGENCY CURRENT TAX SHARE PERCENT PROPOSED DIST SHARE ALLOCATED SHARE ---------- ADJUSTMENTS ----------- NET SHARE 001,05 001.20 003.01 007.30 007.31 030.10 030.70 061.80 066.80 146,01 365.05 370.05 370.07 370.08 400.00 400.01 400.15 400.21 809.04 LOS ANGELES COUNTY GENERAL L.A. COUNTY ACCUM CAP OUTLAY L A COUNTY LIBRARY CONSOL. FIRE PRO.DIST.OF L,A.CO. L A C FIRE-FFW L.A.CO.FL.CON.DR.IMP-DIST.MAINT, LA CO FLOOD CONTROL MAINT GREATER L A CO VECTOR CONTROL CO SANIT DIST NO 21 OPERATING CITY -DIAMOND BAR TD # 1 THREE VALLEY MWD ORIG AREA WALNUT VALLEY WATER DISTRICT WALNUT VALL WT DIST IMP DIST #3 WALNUT VALL WT DIST IMP DIST #4 EDUCATIONAL REV AUGMENTATION FD EDUCATIONAL AUG FD IMPOUND COUNTY SCHOOL SERVICES CHILDREN'S INSTIL TUITION FUND MT -SAN ANTONIO COMMUNITY COLLEGE 0,256866981 0,00011195.9 0,022840063 0,172202312 0.006342830 0,001686900 0.009546843 0.000363591 0.012459334 0,051917418 0.004182492 0.000743526 0.006766850 0.001644113 0.076962766 0,133937622 0.001389025 0.002756673 0.029750843 25,6880 0.0111 2.2840 17.2202 0.6342 0.1686 0.9546 0.0363 1.2459 5.1917 0.4182 0.0743 0.6766 0.1644 7.6962 13.3937 0.1389 0.2756 2.9750 $ $ $ $ $ $ $ $ $ $ $ % % $ $ $ % $ * 0.013136570 0.013136570 0.013136570 0,013136570 0.013136570 0.013136570 0.013136570 0.013136570 0,013136570 0.013136570 0.013136570 0.013136570 0,013136570 0.013136570 0.013136570 0.013136570 0.013136570 0.013136570 0.013136570 0.003374361 0.000001470 0.000300040 0.002262147 0.000083323 0.000022160 0.000125412 0.000004776 0,000163672 0.000682016 0.000054943 0.000009767 0,000088893 0.000021598 0.001011026 0.001759480 0,000018247 0.000036213 0.000390824 -0.003459154 0.000000000 -0.000300040 -0.002262147 0.000000000 -0,000022160 -0.000125412 -0.000004776 -0.000163672 -0.000682016 -0.000054943 -0.000009767 -0,000088893 -0.000021598 EXEMPT EXEMPT EXEMPT EXEMPT EXEMPT ----------- 0.253407827 0,000111959 0.022540023 0.169940165 0.006342630 0.001664740 0,009421431 0.000358815 0.012295662 0,051235402 0.004127549 0.000733759 0.006677957 0.001622515 0.076962766 0.133937622 0.001389025 0.002756673 0,029750843 AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET FISCAL, YEAR 2004-2005 PREPARED 08/24/2005 PAGE ANNEXATION NUMBER: PM 22987 PROJECT NAME: PARCEL MAP 22987 TRA: 10003 ACCOUNT # --------- TAXING AGENCY CURRENT TAX SHARE PROPOSED ALLOCATED ------------------ ---- --- -"" -' PERCENT - _ DIST SHARE SHARE ADJUSTMENTS NET SHARE 809.20 MT SAN ANTONIO CHILDRENS CTR FD 0.000287125 _ - 915.03 POMONA UNIFIED SCHOOL DISTRICT 0.0287 $ 0.013136570 0.000003771 EXEMPT 0.000287125 915,06 CO,SCH,SERV,FD,- POMONA 0,192278733 19.2278 $ 0.013136570 0.002525883 EXEMPT 0.192278733 915.07 DEV.CTR.HDCPD.MINOR-POMONA 0.009006823 0.9006 1 0,013136570 0.000118318 EXEMPT 0.0090068230.001041615 0.1041 $ 0.013136570 0,000013683 915.20 POMONA CHILDREN'S CENTER FUND 0.004913563 EXEMPT 0.001041615 0.4913 %' 0,013136570 0,000064547 EXEMPT 0,004913563 ***023,06 CO LIGHTING MAINT DIST NO 10006 0.000000000 0.0000 $ 0.013136570 0.000000000 O.00OOOOOpO O.007194578 TOTAL: 1,000000000 100.0000 $ 0.013136570 -0-007194578 1.000000000 ►q DONALD L. WOLFE DIRECTOR September 26, 2005 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS "To Enrich Lives Through Effective and Caring Service" Ms. Linda C. Lowry City Manager City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 90745-4177 Attention Mr. David Liu Dear Ms. Lowry: 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephow (626) 458-5100 www.ladpw.org ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802.1460 IN REPLY PLEASE REFER TO FILE: T-5 STREET LIGHTING DISTRICTS NEGOTIATED TAX EXCHANGE RESOLUTION FOR ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE CITY OF DIAMOND BAR L 062-2005 AND PARCEL MAP 22987 The areas shown on the enclosed maps are being processed for annexation to the County Lighting Maintenance District (CLMD) 10006 and County Lighting District LLA -1, Diamond Bar Zone, in order to provide funds for the operation and maintenance of street lights to be installed by the developers. County Lighting Maintenance District 10006 is located wholly within the jurisdictional boundary of the City of Diamond Bar. Since these areas are within the boundary of the City of Diamond Bar, City Counsel approval of the enclosed Resolutions Granting Consent and Jurisdiction to the County of Los Angeles is required to accomplish this annexation. In addition, enclosed are Joint Resolutions between the County of Los Angeles and the City of Diamond Bar (and various other taxing agencies), approving and accepting the negotiated exchange of property tax revenues resulting from the annexation of the subject territories into CLMD 10006. For new annexations to County -administered Lighting Districts, our procedures require us to process the exchange of property tax revenues with all nonexempt taxing agencies. The Board of Supervisors' approval of the Joint Resolutions are to be done concurrent to the Board's approval of the annexation. Attached to each Joint Resolution is a Ms. Linda C. Lowry September 26, 2005 Page 2 worksheet listing the share of the annual tax increment to be exchanged between the City of Diamond Bar, and other affected taxing agencies (school -related agencies are exempted by State law), and the CLMD 10006. The tax -sharing ratios listed in the worksheets attached to the Joint Resolution were calculated using a formula approved by the Auditor -Controller and County Counsel. Upon your City's approval of the enclosed Resolution, we will continue the annexation processing for these Projects and mail out the Joint Resolutions for the negotiated tax exchange to the other affected taxing agencies for their approval. The costs for the operation and maintenance of street lights located within the Lighting Districts are primarily funded by ad valorem property tax. The collection of property tax revenues has allowed the Lighting Districts to maintain a low $13 annual base -assessment rate for a single family home within the Diamond Bar Zone. As shown in the enclosed property Tax Transfer Worksheet for L 062-2005 (Tax Rate Area 10087) the current tax -share ratio for the City of Diamond Bar is 0.051917418. Out of the City's tax share ratio, the City would allocate 0.000682016 to County Lighting Maintenance District 10006, with a net share to the City of 0.051235402. For example, a $10,000 increment in assessed valuation of a parcel means that the parcel will pay an additional $100 in property taxes, of which the City would receive $5.123 and CLMD 10006 would receive $0.068. Please have two copies of the enclosed Resolutions executed and returned to us by October 31 , 2005 in the enclosed self-addressed envelope. If you have any questions, please contact Ms. Tigist Desta of our Street Lighting Section at (626) 300-4755. Very truly yours, DONALD L. WOLFE Director of Public llVorks t� WILLIAM ZUIYT AssistantDirector Traffic and Lighting Division TD:pmc 11 wO1V w ublimtl ub1WPFILES1F1ES1STUTp1CONSENT & JURISU CTION C&J's IC&J DIAMOND SARI 062-2005 PM 22987 doe Enc. L062-2005 �RWY po06pl n p 0 rn I N ; LEGEND pr PROPOSED ANNEXATION TO COUNTY _] PROPOSED ANNEXATION AREA LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING //,l/////!ll! EXISTING LIGHTING DISTRICT t0006 DISTRICT LLA -1. DIAMOND BAR ZONE VICINITY NAP T, G. page 679-G3 TRA 10087 I. tin = tooft LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS TRAFFIC AND LIGHTING DIVISION STREET LIGHTING SECTION CLMD 10006 CITY OF D I AMOND BAR �ePOre4 y rD Sheet 1 of t SUP. DIST. 4 R9COttferMeO H�pate PARCEL MAP 22987 LEGEND PROPOSED ANNEXATION AREA EXISTING LIGHTING DISTRICT 10006 6 Nc PROPOSED ANNEXATION TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND COUNTY LIGHTING DISTRICT LLA -1. DIAMOND BAR ZONE VICINITY MAP T. G. page 640-87 TRA 10003 1 i - 200ft LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS TRAFFIC AND LIGHTING DIVISION STREET LIGHTING SECTION CLMD 10006 CITY OF DIAMOND BAR eD.red ey TO Sheet 1 of 1 i SUP. 01ST, 4 Reco-orded By Dale ry /i li- ►DDrmed By Dar / �/l6 / Agenda # — 6 1 (h) Meeting Date March 21 2006 CITY COUNCIL ��� AGENDA REPORT TO: Honorable Mayor and Members ofCity Council VIA: Linda C. Lowry, City Manage TITLE: ADOPT RESOLUTION 2006.JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUN Y OF LOS ANGELES; THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY; THE BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT NO. 5 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF L 062-2005 (ORIENTAL NURSERY, 1035 BANNING WAY AND BANNING WAY PLAZA, 20655 GOLDEN SPRINGS DRIVE) TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. RECOMMENDATION: Adopt the joint resolution. FINANCIAL IMPACT: None. The costs for the operation and maintenance of street lights located within the Lighting District are primarily funded by property tax and supplemented by street lighting assessments. The collection of property tax revenues has allowed the Lighting Districts to maintain a low $13 annual base - assessment rate for a single family home. For other types of property uses, such as apartments and commercial businesses, the assessment rates are proportionately higher. As shown on the attached Property Tax Transfer Work Sheet, the current tax -share ratio for the City of Diamond Bar is $0.051917418. Out of the City's tax share ratio, the City would allocate $0.000682016 to County Lighting Maintenance District 10006, with a net share to the City of $0 051235402 F or example, a $10,000 increment in assessed valuation of a parcel means that parcel will pay an additional $100 in property taxes, of which the City would receive $5.123 and CLMD 10006 would receive $0.068. Since these are privately owned properties (and property tax revenue generating properties), the City, along with other special districts, would share a portion of the growth of the 1% property tax with CLMD 10006 when the properties are improved. The City does not "lose" property tax money; rather, the City, along with other special districts, will share the "growth" of property tax with CLMD 10006. Again, these property tax revenues help keep the base -rate assessment to a low $13 for a single family home in CLMD 10006. The assessment, however, will be levied against the benefited property owners. BACKGROUNDIDISCUSSION: The area described as L 062-2005 (boundaries of Banning Way/Golden Springs Drive/Lemon Avenue) is being processed for annexation to the County Lighting Maintenance District (CLMD) 10006 and County Lighting District LLA -1, Diamond Bar Zone, in order to provide funds for the operation and maintenance of street lights to be installed by the developers. County Lighting Maintenance District 10006 is located wholly within the jurisdictional boundary of the City of Diamond Bar and is administered by the County of Los Angeles on behalf of the City. City Council approval of the joint resolution is required between the County of Los Angeles and the City of Diamond Bar (and various other taxing agencies) in order to approve and accept the negotiated exchange of property tax revenues resulting from the annexation of the subject areas into CLMD 10006. The share of the annual tax increment to be exchanged between the City and other affected taxing agencies is listed in the attached worksheets in the Resolution. As part of the approval process for the Resolution Granting Consent and Jurisdiction to the County of Los Angeles, the Joint Resolution should be concurrently approved by the City. With the City's approval of the attached Joint Resolution and the Resolution Granting Consent and Jurisdiction, there will be an exchange of property tax revenues between the City of Diamond Bar and County Lighting Maintenance District 10006. PREPARED BY: Sharon Gomez, Public Works Services Manager REVIEWED r .r Da ' Liu Director of Public Works Attachment: Resolution No. 2006 -XX I 'felItej IZI9]Wz1I1I�:t.1 A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY (COUNTY SANITATION DISTRICT NO. 21) THE BOARD OF DIRECTORS OF THE THREE VALLEY MUNICIPAL WATER DISTRICT - ORIGINAL AREA; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 5 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM ANNEXATION OF PROJECT NO. L 062-2005 TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 WHEREAS, pursuant to Section 99.01 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change that will result in a special district providing one or more services to an area where those services have not previously been provided by any local agency, the special district and each local agency that receives an apportionment of property tax revenue from the area must negotiate an exchange of property tax increment generated in the area subject to the jurisdictional change and attributable to those local agencies; and WHEREAS, the Board of Supervisors of the County of Los Angeles, acting on behalf of the County of Los Angeles, the Los Angeles County Library, the Consolidated Fire Protection District of Los Angeles County, the County Flood Control Drainage Improvement District, and the Los Angeles County Flood Control District; the Board of Directors of the Greater Los Angeles County Vector Control District; County Sanitation District No. 21 of Los Angeles County (County Sanitation District No. 21); the City Council of the City of Diamond Bar; the Board of Directors of the Three Valley Municipal Water District - Original Area; the Board of Directors of the Walnut Valley Water District; and the Board of Directors of the Walnut Valley Water District Improvement District No. 5 have determined that the amount of property tax revenue to be exchanged between their respective agencies as a result of the annexation proposal identified as L 062-2005 to CLMD 10006 is as shown on the attached worksheet. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The negotiated exchange of property tax revenues between the County of Los Angeles, acting on behalf of the County of Los Angeles, the Los Angeles County Library, the Consolidated Fire Protection District of Los Angeles County, the County Flood Control Drainage Improvement District, and the Los Angeles County Flood Control District; the Board of Directors of the Greater Los Angeles County Vector Control District; County Sanitation District No. 21 of Los Angeles County (County Sanitation District No. 21); the City Council of the City of Diamond Bar; the Board of Directors of the Three Valley Municipal Water District - Original Area; the Board of Directors of the Walnut Valley Water District; and the Board of Directors of the Walnut Valley Water District Improvement District No. 5 resulting from the annexation proposal identified as L 062-2005 to CLMD 10006 is approved and accepted. 2. For fiscal years commencing on or after July 1, 2005, or the July 1 after the effective date of this jurisdictional change, whichever is later, the property tax revenue increment generated from the area within L 062-2005 (Tax Rate Area 10087) shall be allocated to the affected agencies as indicated in the attached worksheet. 3. If at any time after the effective date of this Resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect, thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year, and any amounts of property tax received in excess of that, which is proper shall be refunded to the appropriate agency. PASSED, APPROVED AND ADOPTED this day of day of March, 2006, by the following vote: Carol Herrera,Mayor 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 the 6th day of March, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: TOMMYE CRIBBINS, City Clerk City of Diamond Bar 2 AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 08/08/2005 PAGE 1 FISCAL YEAR 2004-2005 ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER: 023.06 TRA: 10087 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER: L 062-2005 PROJECT NAME: L 062-2005 DISTRICT SHARE: 0.013136570 CURRENT PROPOSED ALLOCATED ACCOUNT # TAXING AGENCY TAX SHARE PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 001.05 LOS ANGELES COUNTY GENERAL 0.264691785 26.4703 $ 0.013136570 0.003477153 -0.003564327 0.261127458 001.20 L.A. COUNTY ACCUM CAP OUTLAY 0.000113705 0.0113 $ 0.013136570 0.000001493 0.000000000 0.000113705 003.01 L A COUNTY LIBRARY 0.023294986 2.3294 % 0.013136570 0.000306016 -0.000306016 0.022988970 007.30 CONSOL. FIRE PRO.DIST.OF L.A.CO. 0.174937516 17.4937 % 0.013136570 0.002298078 -0.002298078 0.172639438 007.31 L A C FIRE-FFW 0.006522357 0.6522 % 0.013136570 0.000085681 0.000000000 0.006522357 030.10 L.A.CO.FL.CON.DR.IMP.DIST.MAINT. 0.001728861 0.1728 % 0,013136570 0.000022711 -0.000022711 0.001706150 030.70 LA CO FLOOD CONTROL MAINT 0.009783719 0.9783 t 0.013136570 0.000128524 -0.000128524 0,009655195 061.80 GREATER L A CO VECTOR CONTROL 0.000372286 0.0372 % 0.013136570 0.000004890 -0.000004890 0,000367396 066.80 CO SANIT DIST NO 21 OPERATING .0.012696401 1.2696 % 0.013136570 0.000166787 -0.000166787 0.012529614 146.01 CITY -DIAMOND BAR TD # 1 0.051917418 5.1917 % 0.013136570 0.000682016 -0.000682016 0.051235402 365.05 THREE VALLEY MWD ORIG AREA 0,004272528 0.4272 % 0,013136570 0.000056126 -0.000056126 0.004216402 370.05 WALNUT VALLEY WATER DISTRICT 0.000761115 0.0761 % 0.013136570 0,000009998 -0.000009998 0.000751117 370.09 WALNUT VALL WT DIST IMP DIST # 5 0.002240494 0.2240 % 0.013136570 0.000029432 -0.000029432 0.002211062 400.00 EDUCATIONAL REV AUGMENTATION FD 0.066383141 6.6383 % 0.013136570 0.000872046 EXEMPT 0.066383141 400.01 EDUCATIONAL AUG FD IMPOUND 0.140030770 14.0030 % 0.013136570 0.001639524 EXEMPT 0.140030770 400.15 COUNTY SCHOOL SERVICES 0.001410984 0,1410 % 0.013136570 0.000018535 EXEMPT 0.001410984 400.21 CHILDREN'S INSTIL TUITION FUND 0.002800398 0,2800 % 0.013136570 0.000036787 EXEMPT 0.002800398 809,04 MT.SAN ANTONIO COMMUNITY COLLEGE 0.030223221 3.0223 % 0.013136570 0.000397029 EXEMPT 0.030223221 809.20 MT.SAN ANTONIO CHILDRENS CTR FD 0,000291657 0.0291 % 0.013136570 0,000003831 EXEMPT 0.000291657 AUDITOR ACAFAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET PREPARED 08/08/2005 PAGE 2 FISCAL YEAR 2004-2005 ANNEXATION NUMBER: L 062-2005 PROJECT NAME: L 062-2005 TRA: 10087 ACCOUNT # TAXING AGENCY CURRENT TAX SHARE PERCENT PROPOSED DIST SHARE ALLOCATED SHARE ADJUSTMENTS NET SHARE 980.03 WALNUT VALLEY =F. SCHOOL DIST. 0.196844591 19.6844 % 0,013136570 0.002585862 EXEMPT 0.196844591 980.06 CO.SCH.SERV.FD.-WALNUT VALLEY 0.007822965 0.7822 % 0.013136570 0.000102766 EXEMPT 0.007822965 980.07 DEV.CTR.HDCPD.MINOR-WALNUT VY. 0.000859102 0.0859 % 0,013136570 0.000011285 EXEMPT 0.000859102 ***023.06 CO LIGHTING MAINT DIST NO 10006 0.000000000 0,0000 % 0.013136570 0.000000000 0.000000000 0.007268905 TOTAL: 1.000000000 100,0000 % 0.013136570 -0,007268905 1.000000000 CITY COUNCIL Agenda #— 6.12 Meeting Date March 21 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: ADOPT RESOLUTION 2006 -XX: .�OINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY; THE BOARD OF DIRECTORS OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT NO. 5 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUES RESULTING FROM ANNEXATION OF PARCEL MAP 22987 (BEST WESTERN HOTEL, 259 GENTLE SPRINGS LANE) TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006. RECOMMENDATION: Adopt the joint resolution. FINANCIAL IMPACT: The costs for the operation and maintenance of street lights located within the Lighting District are primarily funded by ad valorem property tax and supplemented by street lighting assessments. The collection of property tax revenues has allowed the Lighting Districts to maintain a low $13 annual base -assessment rate for a single family home. For other types of property uses, such as apartments and commercial businesses, the assessment rates are proportionately higher. As shown on the attached Property Tax Transfer Work Sheet, the current allocated tax -share ratio for the City of Diamond Bar is $0.051917418. Out of the City's tax share ratio, the City would allocate $0.000682016 to County Lighting Maintenance District 10006, with a net share to the City of $0.051235402. For example, a $10,000 increment in assessed valuation of a parcel means that parcel will pay an additional $100 in property taxes, of which the City would receive $5.123 and CLMD 10006 would receive $0.068. Since this is a privately owned property (and a property tax revenue generating property), the City, along with other special districts, would share a portion of the growth of the 1% property tax with CLMD 10006 when the properties are improved. The City does not "lose" property tax money; rather, the City, along with other special districts, will share the "growth" of property tax with CLMD 10006. Again, these property tax revenues help keep the base -rate assessment to a low $13 for a single family home in CLMD 10006. The assessment, however, will be levied against the benefited property owners. BACKGROUND/DISCUSSION: The area described as Parcel Map 22987 (boundaries of Gentle Spring Lane/SR-60/Prospectors Road) is being processed for annexation to the County Lighting Maintenance District (CLMD) 10006 and County Lighting District LLA -1, Diamond Bar Zone, in order to provide funds for the operation and maintenance of street lights . County Lighting Maintenance District 10006 is located wholly within the jurisdictional boundary of the City of Diamond Bar and is administered by the County of Los Angeles on behalf of the City. City Council approval of the joint resolution is required between the County of Los Angeles and the City of Diamond Bar (and various other taxing agencies) in order to approve and accept the negotiated exchange of property tax revenues resulting from the annexation of the subject areas into CLMD 10006. The share of the annual tax increment to be exchanged between the City and other affected taxing agencies is listed in the attached worksheets in the Resolution. As part of the approval process for the Resolution Granting Consent and Jurisdiction to the County of Los Angeles, the Joint Resolution must be concurrently approved by the City of Diamond Bar. With the City's approval of the attached Joint Resolution and the Resolution Granting Consent and Jurisdiction, there will be an exchange of property tax revenues between the City of Diamond Bar and County Lighting Maintenance District 10006. PREPARED BY: Sharon Gomez, Public Works Services Manager ZREZ.i : Director of Public Works Attachment: Resolution No. 2006 -XX 4 RESOLUTION NO. 2006 -XX A JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES; THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS ANGELES COUNTY (COUNTY SANITATION DISTRICT NO. 21 ) THE BOARD OF DIRECTORS OF THE THREE VALLEY MUNICIPAL WATER DISTRICT - ORIGINAL AREA; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER IMPROVEMENT DISTRICT NO. 5 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE RESULTING FROM ANNEXATION OF PARCEL MAP 22987 TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006 WHEREAS, pursuant to Section 99.01 of the Revenue and Taxation Code, prior to the effective date of any jurisdictional change that will result in a special district providing one or more services to an area where those services have not previously been provided by any local agency, the special district and each local agency that receives an apportionment of property tax revenue from the area must negotiate an exchange of property tax increment generated in the area subject to the jurisdictional change and attributable to those local agencies; and WHEREAS, the Board of Supervisors of the County of Los Angeles, acting on behalf of the County of Los Angeles, the Los Angeles County Library, the Consolidated Fire Protection District of Los Angeles County, the County Flood Control Drainage Improvement District, and the Los Angeles County Flood Control District; the Board of Directors of the Greater Los Angeles County Vector Control District; County Sanitation District No. 21 of Los Angeles County (County Sanitation District No. 21); the City Council of the City of Diamond Bar; the Board of Directors of the Three Valley Municipal Water District - Original Area; the Board of Directors of the Walnut Valley Water District; and the Board of Directors of the Walnut Valley Water District Improvement District No. 5 have determined that the amount of property tax revenue to be exchanged between their respective agencies as a result of the annexation proposal identified as Parcel Map 22987 to CLMD 10006 is as shown on the attached worksheet. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. The negotiated exchange of property tax revenues between the County of Los Angeles, acting on behalf of the County of Los Angeles, the Los Angeles County Library, the Consolidated Fire Protection District of Los Angeles County, the County Flood Control Drainage Improvement District, and the Los Angeles County Flood Control District, the Board of Directors of the Greater Los Angeles County Vector Control District; County Sanitation District No. 21 of Los Angeles County (County Sanitation District No. 21); the City Council of the City of Diamond Bar; the Board of Directors of the Three Valley Municipal Water District - Original Area; the Board of Directors of the Walnut Valley Water District; and the Board of Directors of the Walnut Valley Water District Improvement District No. 5 resulting from the annexation proposal identified as Parcel Map 22987 to CLMD 10006 is approved and accepted. 2. For fiscal years commencing on or after July 1, 2005, or the July 1 after the effective date of this jurisdictional change, whichever is later, the property tax revenue increment generated from the area within Parcel Map 22987 (Tax Rate Area 10003) shall be allocated to the affected agencies as indicated in the attached worksheet. 3. If at any time after the effective date of this Resolution, the calculations used herein to determine initial property tax transfers or the data used to perform those calculations are found to be incorrect, thus producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated and the corrected transfer shall be implemented for the next fiscal year, and any amounts of property tax received in excess of that, which is proper shall be refunded to the appropriate agency. PASSED, APPROVED AND ADOPTED this day of day of March, 2006, by the following vote: Carol Herrera,Mayor 1, 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 the day of March, 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: TOMMYE CRIBBINS, City Clerk City of Diamond Bar E AUDITOR ACAPAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET FISCAL YEAR 2004-2005 PREPARED 08/24/2005 PAGE Z ANNEXATION TO: CO LIGHTING MAINT DIST NO 10006 ACCOUNT NUMBER; 023.06 TRA: 10003 EFFECTIVE DATE: 07/01/2005 ANNEXATION NUMBER; PM 22987 PROJECT NAME: PARCEL MAP 22987 DISTRICT SHARE: 0.013136570 ACCOUNT # --------- TAXING AGENCY -------------------------------- CURRENT TAX SHARE 001.05 LOS ANGELES COUNTY GENERAL 0,256866981 001,20 L. A. COUNTY ACCUM CAP OUTLAY 0,000111959 003.01 L A COUNTY LIBRARY 0.022840063 007.30 CONSOL, FIRE PRO,DIST,OF L.A.CO. 0.172202312 007.31 L A C FIRE-FFW 0,006342830 030,10 L.A.CO.FL-CON.DR.IMP.DIST.MAINT, 0,001686900 030.70 LA CO FLOOD CONTROL MAINT 0,009546843 061.80 GREATER L A CO VECTOR CONTROL 0.000363591 066.80 CO SANIT DIST NO 21 OPERATING 0.012459334 146.01 CITY -DIAMOND BAR TD # 1 0,051917418 365,05 THREE VALLEY MWD ORIG AREA 0,004182492 370.05 WALNUT VALLEY WATER DISTRICT 0.000743526 370.07 WALNUT VALL WT DIST IMP DIST #3 0.006766850 370.08 WALNUT VALL WT DIST IMP DIST #4 0.001644113 400.00 EDUCATIONAL REV AUGMENTATION FD 0.075962766 400.01 EDUCATIONAL AUG FD IMPOUND 0,133937622 400.15 COUNTY SCHOOL SERVICES 0.001369025 400,21 CHILDREN'S INSTIL TUITION FUND 0.002756673 809.04 MT -SAN ANTONIO COMMUNITY COLLEGE 0.029750843 PROPOSED ALLOCATED ---PERCENT- DIST SHARE SHARE ADJUSTMENTS NET SHARE 25.6880 $ 0.013136570 0.003374361 -0.003459154 0.253407827 0.0111 $ D-012136570 0.000001470 0.000000000 0.000111959 2,2640 $ 0.013136570 0,000300040 -0,000300040 0,022540023 17.2202 % 0.013136570 0.002262147 -0.002262147 0,169940165 0.6342 $ 0.013136570 0.000083323 0,000000000 0,006342830 0.1686 $ 0.013136570 0.000022160 -0.000022160 0,001664740 0,9546 96 0,013136570 0.000125412 -0.000125412 0.009421431 0.0363 % 0,013136570 0,000004776 -0,000004776 0,000358815 1.2459 0.013136570 0,000163672 -0,000163672 0.012295662 5,1917 $ 0.013136570 0.000682016 -0.000682016 0.051235402 0.4182 $ 0.013136570 0,000054943 -0,000054943 0.004127549 0.0743 $ 0.013136570 0.000009767 -0.000009767 0,000733759 0.6766 $ 0.013136570 0.000088893 -0.000088893 0.006677957 0.1644 $ 0.013136570 0,000021598 -0.000021598 0.001622515 7.6962 96 0.013136570 0,001011026 EXEMPT 0.076962766 13.3937 $ 0.013136570 0.001759480 EXEMPT 0,133937622 0.1389 % 0.013136570 0.000018247 EXEMPT 0,001389025 0,2756 $ 0.013136570 0.000036213 EXEMPT 0.002756673 2,9750 96 0.013136570 0,000390824 EXEMPT 0.029750843 AUDITOR ACAPAN03 PROPERTY TAX TRANSFER RESOLUTION WORKSHEET FISCAL YEAR 2004-2005 PREPARED 08/24/2005 PAGE 2 ANNEXATION NUMBER; PM 22.987 PROJECT NAME: PARCEL MAP 22987 TRA: 10003 ACCOUNT --------- TAX SHARE _, '---------- PERCENT DIST SHARE SHARE ADJUSTMENTS NET SHARE 809.20 MT SAN ANTONIO CHILDRENS CTR FD 0.000287125 -- YEXEMPT - 915.03 POMONA UNIFIED SCHOOL DISTRICT 0.0287 $ 0.01.3136570 0.000003771 915,06 CO,SCH,SERV.FD,- POMONA 0.192278733 19.2278 $ 0.013136570 0.0025258830.000287125 EXEMPT 0.192278733EXEMPT 915,07 DEV.CTR.HDCPII.MINOR-POMONA 0.009006823 0.9006 % 0.01.3136570 0.000118318 0.009006823 915.20 POMONA CHILDREN'S CENTER 0,001041615 0.1041 $ 0,013136570 6.000013683 EXEMPT 0.001041615 FUND 0.004913563 0.4913 $ 0.013136570 0.000064547 EXEMPT 0.004913563 ***023.06 CO LIGHTING MAINT DIST NO 10006 0.000000000 0,0000 $ 0.013136570 0,000000000 0.000000000 0.007194578 TOTAL; 1,400000004 100.0040 1 0,013136570 -0.007194578 1.000000000 Study Session No. 1 FAIRBANK, MASLIN, MAULLIN & ASSOCIATES February 20-21, 2006 DIAMOND BAR LIBRARY IMPROVEMENT SURVEY 220-1928 FT N=400 Time Began Time Ended Minutes Hello, I'm _ from FMA, a public opinion research company. I am definitely NOT trying to sell you anything or asking for contributions. We are conducting an opinion survey about the Diamond Bar library, and we are only interested in your opinions. May I speak to ? YOU MUST SPEAK TO THE VOTER LISTED. VERIFY THAT THE VOTER LIVES AT THE ADDRESS LISTED, OTHERWISE TERMINATE. I would like to speak with you about the existing Diamond Bar Library located on Grand Avenue. It was built in 1977 and is nine thousand, nine hundred thirty-five square feet. The facility has 28 parking spaces and some people have complained about a lack of access from the street. Also, the building does not meet current earthquake safety standards and lacks technology associated with libraries in the Twenty-first Century. My first question is, how often do you or your family members visit the Diamond Bar library? (READ OPTIONS) Often--------------------------------------------13% Sometimes------------------------------------- 24% Rarely------------------------------------------ 39% Never-------------------------------------------23% (DON'T READ) Don't Know ---------------- 1% 2. The City is considering constructing a new, state of the art, library next to the Diamond Bar Center. This new library would be three times larger than the existing library and would have more than 30 computers with internet access for public use and an expanded collection of books, magazines and other materials. The new library would also include a Global Citizen Center to teach children about cultures around the world and a Homework Center that will provide tutoring and academic assistance for Diamond Bar school children. Do you favor or oppose building this new Diamond Bar library? Favor-------------------------------------------- 75% Oppose-----------------------------------------15% (DON'T READ) Need more information - 9% (DON'T READ) Don't Know ---------------- 2% The new library can only be built with financial assistance from the community. The City Council will contribute $3 million toward the construction of the new library, but the rest of the construction costs must come from Diamond Bar residents. The City is considering placing a measure on an upcoming ballot that would ask property owners to pay $42 dollars per parcel for 30 years to pay for the construction of the new library building. In addition, the city is going to ask property owners to pay an additional $11 dollars a year to pay for half of the increased operating costs, with the City paying the remaining operating costs. This $11 dollar assessment for library operations will increase each year by CPI to keep up with inflation. FAIRBANK, MASLIN, MAULLIN & ASSOCIATES 220-1928 FT PAGE 2 3. If the city were to place a measure on the ballot asking voters to approve the$53 annual assessment to build the new Diamond Bar library, would you vote yes or no? Yes----------------------------------------------46% No------------------------------------------------ 34 % (DON'T READ) Need more info ----------17% (DON'T READ) DK/NA ---------------------- 4% THANK AND TERMINATE Gender: By observation Male ---------------------------------------------48% Female------------------------------------------ 52% Party: From file Name Address _ City Zip Democrat--------------------------------------- 38% Republican ------------------------------------- 44% Decline-to-state/Independent-------------16% Other party-------------------------------------- 3% Page #_ Voter ID # Precinct Interviewer Agenda # 6.13 Meeting Date: March 21 2006 CITY COUNCIL AGENDA REPORT ���>1tlY7R �ye�1 l8gg�% TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Resolution No. 2006 -XX Establishing a Reimbursement Policy in accordance with Government Code Section 53232.2 and 53232.3. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution establishing a reimbursement policy for the City Council and City employees. DISCUSSION: In December 1989 the City Council established a policy for reimbursing City Council members and City employees for business travel and other business expenses. Recent legislation (AB 1234) requires the City to modify its existing policy. The attached resolution, which was discussed at the study session on March 7, 2006, includes all required modifications and has been reviewed by the City Attorney. PREPARED BY: David Doyle, Assistant City Manager Attachments 1. Resolution No. 2006 -XX establishing a reimbursement policy for City Councilmembers and City employees for travel and other business expenses 2. Administrative Policy — City Council/Employee Automobile and Expense Reimbursement Policy POLICY AND PROCEDURE------------------------------------------------------------------------------------------ NO. F-5 CITY OF DIAMOND BAR POLICY AND PROCEDURE Number: Authority: city council Resolution Effective: March 21, 2006 T . Purpose The City of Diamond Bar Beach recognizes the constructive value of attendance by City officials and employees at professional conferences, seminars, and meetings. In addition, the City recognizes that it is desirable and sometimes necessary for City officials and employees to attend meetings with other government officials, business organizations, community organizations and constituents, and to attend ceremonial events and other activities that promote or benefit the City. It is in the public interest to reimburse expenses incurred in connection with these activities consistent with the provisions of this policy. This policy has been prepared in compliance with California Government Code Sections 53232.2 and 53232.3. 2. Application The City reimburses its officials and employees for expenses incurred in connection with business related travel and attendance at meetings and events, in amounts designated in the approved City budget. The establishment of reasonable limits on expense reimbursement assures a prudent and responsible use of public funds and allows more officials and employees to attend beneficial conferences, seminars and meetings. Except as otherwise noted, this policy applies to all City elected and appointed officials and all City employees. Absent unusual circumstances and only with the permission of the City Council, expense reimbursements will not exceed the amounts set forth in this policy. "Reimbursement" for purposes of this policy means all forms of payment for expenses incurred by City officials and employees in the course of their official duties whether paid directly by the City (including without limitation, with a City -issued credit card) or advanced by City officials and employees with personal funds and later reimbursed from City funds. 3. Procedure Requests for authorization to travel shall indicate inclusive dates of travel, destination, purpose of trip, persons involved and mode of transportation. Requests shall be made to the City Manager or her/his designee. In the event of "short notice" POLICY AND PROCEDURE----------------------------------------------------------------- -- NO. F-5 trips, department heads, in their own best judgment, may travel or authorize travel, subject to subsequent approval by the City Manager. Where travel involves overnight lodging, authorization shall be by the City Manager, 4. Method of Travel City officials and employees must use the most economical mode and class of transportation reasonably consistent with scheduling needs and cargo space requirements, using the most direct and time -efficient route. Government and group rates must be used when available if they are the least expensive fare. a) Automobile Transportation by automobile shall be accomplished by the use of City vehicles to the extent possible. When necessary to use private automobiles, reimbursement will be at the official IRS rate for person vehicle miles driven in the course of official City business. Mileage will be measured to and from City Hall. Mileage reimbursement does not include bridge and road tolls and parking, which are also reimbursable. Only travel for City business outside of a radius of 60 miles from the City is authorized for mileage reimbursement. Out -of -area trips shall be reimbursed at the lesser of actual mileage expense or the least expensive available airfare: City Councilmembers may elect to receive a flat monthly expense reimbursement of $250 to reimburse them for automobile expenses related to performance of their duties within a 60 mile radius of the City. The City Council finds that this amount accurately reflects actual automobile expenses for routine automobile expenses within the City and its immediate environs; no monthly bill is required for reimbursement of this amount. b) Air travel Reimbursement shall be calculated on the basis of the cost of travel by air using the shortest and most direct route. All air travel shall be booked at least fourteen (14) days in advance, when possible, so as to receive the lowest fares possible. Airfares that are equal or less than those available through the Enhanced Local Government Airfare Program offered through the League of California Cities (www.cacities.org/travel), the California State Association of Counties (www.csac.counties.org/default.asp?id=635) and the State of California are presumed to be the most economical and POLICY AND PROCEDURE---------------------------------------------------------- NO. F-5 reasonable for purposes of reimbursement under this policy. Flight insurance, in-flight beverages or flight entertainment shall not be included in a claim for reimbursement. C. Car rental. Rental rates that are equal or less than those available through the State of California's website (www.catraveismart.com/default.htm) are considered the most economical and reasonable for purposes of reimbursement under this policy. d. Taxis/Shuttles. Taxi or shuttle fares may be reimbursed, when the cost of such fares is equal or less than the cost of car rentals, gasoline and parking combined, or when such transportation is necessary for time -efficiency. When feasible, the lowest cost transportation provider should be utilized. Gratuities are considered incidental expenses and reimbursable as part of per diem. e. Airport Parking. Airport parking is reimbursable, long-term parking must be used for travel exceeding 24hours. 5. Lodging Lodging expenses will be reimbursed for when travel on official City business reasonably requires an overnight stay. Lodging expenses will be reimbursed only at the single occupancy rate for rooms. When an additional charge is imposed for i nternet/broad band access, that charge may be reimbursed as part of the room rate. Conferences/Meetings. If lodging is associated with a conference, lodging expenses must not exceed the group rate published by the conference sponsor for the meeting in question if such rates are available at the time of booking. Other Lodging. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at www.catravelsmart.com/lodguideframes.htm. Lodging rates that are equal or less to government rates are presumed to be reasonable and hence reimbursable for purposes of this policy. In the event that government rates are not available at a given time or in a given area, lodging rates that do not exceed the IRS per diem rates for a given area are presumed reasonable and hence reimbursable. POLICY AND PROCEDURE------------------------------------------- ---- NO. F-5 6. Out of Town Meals and Incidentals For meals and incidental expenses associated with City business outside of a 60 mile radius of the City where an overnight stay is required, a City official or employee may claim a per diem of $70 per day. Baggage handling fees and gratuities are incidental expenses and reimbursed as part of per diem. The time calculations for per diem starts when the City official or employee begins travel. For each 24-hour period thereafter, the City official or employee can claim the full per diem amount. If there is a period of time at the end of the trip that is less than 12 hours, the City official or employee cannot claim more than one-half (1/2) the per diem rate. Receipts are not required to claim per diem. Any reimbursement claim for expenses that exceed the per diem rate may constitute additional income for tax purposes. 7. Local Meal Reimbursement Meals associated with City business within a 60 mile radius of the City will be reimbursed in amounts not to exceed the following amounts: Breakfast: $15 Lunch: $20 Dinner: $35 8. Telephone/Fax/Cellular City officials and employees will be reimbursed for actual telephone and fax expenses incurred when traveling on City business. Telephone bills should identify which calls were made on City business. City Councilmembers may elect to receive reimbursement for actual minutes of cellular telephone use devoted to City business upon submission of annotated billings, or in the alternative, may elect to receive a flat allowance for City cellular telephone expenses or a cellular telephone provided by the City for use in connection with City business. City Councilmembers may elect to be provided a facsimile machine and dedicated facsimile line at their home for use in connection with City business. The City Council finds that the cost of the cellular phone or the flat cellular allowance accurately reflects the cost of actual cell phone usage; should Councilmembers elect either of those options, no monthly bill is required for reimbursement. City Councilmembers electing to receive the flat allowance must, however, provide proof annually that they have purchased continuous cellular telephone services. POLICYAND PROCEDURE --------------------------------- ----------------- -------------------------------------- NO. F-5 In addition, to facilitate internet connectivity so that City Councilmembers may access City files, e-mails from City staff, and respond to constituent concerns via e-mail, City Councilmembers may elect to receive broadband internet access at the City Councilmember residence at City expense. 9. Miscellaneous Ex enses Extraordinary promotional expenses may be sponsored by the City upon approval by the City Council. Records, including a list of those entertained, affiliation and purpose of entertainment to benefit the City must be maintained. Any official or employee who attends a breakfast, lunch or dinner meeting where it is important that the function be so attended, may be reimbursed for the meal expense and the meal expense of another person or persons who are guests on occasions when an invitation to a meal is important to the interest of the city, or when a meal is provided because of services to the city. Council Members' guests may include spouses, significant others or family members. All such claims should be substantiated, wherever possible, by copies of written invitation or pertinent correspondence and shall be filed separately with the City Manager. Payment for each item claimed will be submitted to the Finance Department. Nothing herein shall be construed as authorization for holding breakfast, lunch or dinner meetings by department. 10. Registration fees Registration fees for approved conferences and seminars are reimbursable, but shall be paid in advance by the City whenever feasible. 11. Unauthorized Expenses No personal expenses, such as laundering or barbering, etc. shall be allowed. No claim for entertainment shall be allowed except when it is a regularly scheduled part of the meeting being attended. The City will not pay for expenses incurred by a city official for his or her spouse, significant other or family members in connection with conference registration, meals, transportation or miscellaneous expenses. POLICY AND PROCEDURE------------------------------------------------------- -- NO. F-5 The personal portion of any trip is not reimbursable. For example, if a City Official elects to travel to an event in advance or stay longer on personal business, the City need only reimburse the City Official for roundtrip travel costs and costs incurred during the event's duration; Political or charitable contributions or events are not reimbursable. Personal losses incurred while on City business are not reimbursable. Expenses for which City Officials receive reimbursement from another agency are not reimbursable. 12. Claim Substantiation All reimbursement claims other than per diem and flat allowances shall be substantiated by attaching receipts to a claim reimbursement form and filing with the Finance Department for further action. Expense reports must document that the expense in question met the requirements of this policy. For example, if a meeting is with a legislator, the City official should explain whose meals were purchased, what issues were discussed and how those relate to the City's adopted legislative positions and priorities. City officials and employees must submit their expense reports within thirty (30) days after an expense is incurred, accompanied by receipts documenting each expense. Unless included within a per diem, restaurant receipts, in addition to any credit card receipts, are also part of the necessary documentation. Inability to provide such documentation in a timely fashion may result in the expense being borne by the City official or employee. All expenses are subject to verification that they comply with this policy. 13. Advances Officials or employees attending meetings or traveling on official City business may request an advance of funds to cover anticipated expenses for meals, lodging, travel and other reimbursable expenses. Normally, the City Manager is to receive requests for advance at least seven calendar days prior to need. The City Manager may waive the time constraint if deemed appropriate. POLICY AND PROCEDURE--------------------------------------------- - NO. F-5 All advances must be reported on the next expense statement submitted, but never more than thirty (30) calendar days from receipt. Any unexpended funds must be returned promptly to the Finance Department, 14. Credit Card Use Polic City Councilmembers may use credit cards issued to them by the City for any expense allowed by this policy. City credit cards may not be used for personal expenses, even if the City Councilmember subsequently reimburses the City. 15. Sister City and Other Out of„Country Travel Notwithstanding other provisions set forth herein above, payment for Sister City visits and/or other such foreign country travel shall be limited to the payment of coach class air travel from LAX by the most direct route to the approved foreign city destination. In order to have such foreign travel paid, the City Council must authorize the visit and approve the Council member's or employee's travel. It is presumed that host foreign cities will provide the City approved delegate(s) with lodging and meals. Consequently, lodging and meals related to an approved foreign visit will not be paid by the City. Local foreign travel expenses, i.e., taxis or buses, or delegates' personal and incidental travel expenses shall not be reimbursed by the City. Any variance to this policy shall be considered and the decision related thereto shall be made at a regular or special meeting of the City Council. 15, City Council Conference Expenditure Policy a) The expenses of all members of the Council related to: The League of California Cities Annual Conference The Contract Cities Annual Conference shall be regularly budgeted. b) The expense of the Mayor and any new Councilmember at League of California Cities Mayor and New Council Members meetings should be regularly budgeted. C) The expenses of the Mayor and the Mayor Pro Tem relating to the National League of Cities Annual Conference shall be regularly budgeted. d) if a member of the Council is elected or appointed President or Vice President, Chairperson or Vice Chairperson, or is a policy committee member of an organization in which the City holds membership (i.e., POLICY AND PROCEDURE--------------------------------------------------------------------- NO. F-5 CCCA, LOCC, SCAG, etc.), the expenses relating to the functions of such organizations shall be paid in addition to items (a) and (b) for such Council Member. e) Each Councilmember shall be allocated the additional sum of $1,200 per fiscal year to cover expenses of any other meetings they wish to attend. 17. Reports to Legislative Bodv At the meeting following an activity, each elected and appointed official must briefly report on meetings attended at City expense. If multiple City officials attended, a joint report may be made. 18. Compliance With Laws Some expenditures may be subject to reporting under the Political Reform Act and other laws. All agency expenditures are public records subject to disclosure under the California Public Records Act. 19. Violation Of This Policy Use of public resources or falsifying expense reports in violation of this policy may result in any or all of the following: Loss of reimbursement privileges; A demand for restitution to the City; The City's reporting the expenses as income to the City official and employees to state and federal tax authorities; Civil penalties of up to $1,000 per day and three times the value of the resources used; and Prosecution for misuse of public resources; Removal from an appointed commission or board; and Discipline of City employees, up to and including termination. Agenda # _ 6.14 Meeting Date: March 21, 2006 CITY COUNCIL AGENDA REPORT 'N=otrrna.+�° TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Resolution No. 2006 -XX Authorizing the City to join the Four Corners Transportation Coalition, designate Mayor Herrera as the City Council representative, and appropriate $10,000 from General Fund Reserves. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution authorizing the City to join the Four Corners Transportation Coalition (FCTC), designate Mayor Herrera as the City's representative on the Coalition, and appropriate $10,000 from General Fund Reserves for membership dues. FINANCIAL IMPLICATION: The creation and participation in the Four Corners Transportation Coalition was not anticipated during the development of the FY 2005-06 budget therefore the annual membership dues ($10,000) needs to be appropriated from General Fund Reserves. Upon joining the FCTC, the City will be committing to participate for 3 years at a cost of $10,000 a year. Subsequent membership dues will be incorporated in future City budgets. BACKGROUND: The area where Los Angeles, Orange, Riverside and San Bernardino Counties converge is known as the "Four Corners" area. This area has historically been a key gateway between the urbanized Inland Empire and the more urbanized areas in Los Angeles and Orange Counties. In the early 1990's, several local agencies began informal meetings to discuss transportation issues and potential solutions. This evolved into the Four Corners Transportation Group which included the four County agencies and the cities of Anaheim, Brea, Chino Hills, Corona, Diamond Bar, Fullerton, Industry, Norco, Ontario, Orange, Placentia, Pomona and Yorba Linda. The Group also included other regional governmental agencies such as Southern California Association of Governments (SCAG), San Bernardino Associated Governments (SANBAG), and San Gabriel Valley Council of Governments, and regional transportation agencies such as CalTrans and LA County Metropolitan Transportation Authority (LACMTA). In 1997, the Four Corners Group petitioned SCAG to fund a comprehensive transportation planning study for the Four Corners area. That plan was adopted by the Four Corners Group in July 2000 and identifies critical needs for improving roadways and transit, and implementing policies to reduce peak travel demands. Following the adoption of the Plan, the Four Corners Group identified the four highest priority transportation projects in the region. These four projects were as follows: 1. The "final fix" to the SR-57/SR-60 interchange 2. Completion of the SR -71 (SR -60 to the 1-10) 3. SR -91 Corridor Improvements 4. Pine/Schleisman/Arlington Corridor Improvements DISCUSSION: The Four Corners Transportation Group did an excellent job in developing and prioritizing the transportation project list. Now, it is time to secure funds to complete detailed design work and construction of the improvements. In order to lobby for Federal and State transportation funds, the cities of Chino Hills, Brea, Diamond Bar, and Pomona have initiated the creation of The Four Corners Transportation Coalition (FCTC) a public/private, non-profit corporation. The mission of the FCTC is to advocate, secure funding for, and facilitate the implementation of regional transportation projects so as to: ensure the mobility of both people and goods within and through the Four Corners area; improve air quality; support economic prosperity; enhance public safety; and provide the residents and visitors to the region with a better quality of life. Initially, the Coalition will focus on four regionally significant projects: design and construction of the SR-57/SR-60 Interchange Solution; SR -71 completion (SR -60 to 1-10); SR -91 Corridor improvements; and Pine/Schleisman/Arlington Corridor improvements. The FCTC will have "Government Members" and "Private Sector Members". The Government Members will be the founding cities of Diamond Bar, Brea, Chino Hills and Pomona as well as any city or county in, or affected by, the transportation issues affecting the Four Corners area that elects to participate. Private Sector members will be individuals, business and corporations in the private sector that are interested in the transportation issues in the Four Corners area such as real estate developers, retailers, trucking and shipping companies, etc. To become a Governmental Member, the governing body of the agency must pass a resolution authorizing participation in the FCTC and sign a 3 -year membership agreement committing $10,000 annually for membership dues. If approved by Council, the attached resolution would authorize the City to join the FCTC and authorize the Mayor to sign the membership agreement. PREPARED BY. David Doyle, Assis ant City anager 1. Resolution No. 2006 -XX authorizing the City participation in the Four Corners Transportation Coalition (FCTC) 2. FCTC Membership Agreement 3. FCTC Bylaws RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING THE CITY TO JOIN THE FOUR CORNERS TRANSPORTATION COALITION AND COMMITTING $10,000 ANNUALLY FOR 3 YEARS FOR MEMBERSHIP DUES. WHEREAS, the City of Diamond Bar is located within the area where the counties of San Bernardino, Los Angeles, Orange, and Riverside converge, collectively known as the "Four Corners" area; and WHEREAS, the City of Diamond Bar has participated and played a lead role in the Four Corners Transportation Group since the creation of the Group in the early 1990's; and WHEREAS, in July 2000 the Four Corners Group adopted a detailed transportation plan that identified and prioritized the top transportation projects to improve the mobility of people and goods through the Four Corners area; and WHEREAS, the construction of these projects would improve the region's air quality, enhance public safety, support economic prosperity and provide the residents and visitors with a better quality of life; and WHEREAS, the Four Corners Transportation Coalition is a public/private non-profit corporation dedicated to secure funding for top priority transportation projects identified by the Four Corners Group; NOW, THEREFORE The City Council of the City of Diamond Bar does resolve as follows: 1. The City of Diamond Bar will become a Governmental Member in the Four Corners Transportation Coalition. 2. The City will commit $10,000 annually for a period of 3 years for Four Corners Transportation Coalition membership dues. 3. The Mayor is authorized to sign the Four Corners Transportation Coalition Membership agreement on behalf of the City of Diamond Bar. 4. Mayor Herrera will serve as the City's duly authorized representative on the Four Corners Transportation Coalition Board of Directors. PASSED, APPROVED AND ADOPTED this day of , 2006. Carol Herrera, Mayor 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 the 21St day of March, 2006 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar DRAFT 02/07/2004 li'ilk 11*1:�'iall_[c7: 4*14►111 X THE FOUR CORNERS TRANSPORTATION COALITION This Membership Agreement (this "Agreement") is entered into effective as of the 1st day of , 2006 by and between The Four Corners Transportation Coalition, a California nonprofit mutual benefit corporation (the "Corporation"), and , a corporation (the "Member'). For and in consideration of the mutual agreements and provisions herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: MISSION STATEMENT The mission of the Four Corners Transportation Coalition is to secure funding for the design and construction of the SR-57/SR-60 Interchange Solution, SR -71 completion (SR -60 to 1-10), SR -91 Corridor, and Pine/Schleisman/Arlington Corridor improvements, and other transportation projects approved by the Board of Directors. RECITALS The Corporation is qualified as a tax-exempt organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, as amended (the "Code"). The Corporation has a stated mission to engage in the nonpartisan analysis, research, study and advocacy of the transportation infrastructure issues affecting the "Four Corners" area of Southern California. The Corporation has determined that the addition of the Member as a member of the Corporation pursuant to this Agreement will better enable the Corporation to fulfill its mission. The Member has determined that becoming a member of the Corporation pursuant to this Agreement is consistent with its own mission, philosophy and purposes. AGREEMENT Membership Dues. 1.1 Payment of Dues. The Member hereby promises to pay an annual installments, by check or by money order or by wire transfer made payable to the Corporation, annual membership dues of $10,000, in the case of a Government Member, and $20,000, in the case of a Private Sector Member, which shall be due on or before July 15th of each year. LA 599 1435697-2.075285.0011 Membership dues shall not be refundable. 1.2 Failure to Pay Dues. In the event the Member fails to pay the full amount of annual dues called for in Section 1.1 by the date on which each installment or such annual dues is due, and such default is not cured within fifteen (15) days after written or telephonic notice thereof given by the Corporation has been received by the Member, the following provisions shall apply, commencing after such five-day cure period and continuing until the earlier to occur of (i) the termination of the Member's membership in the Corporation or (ii) such earlier date as the Member has otherwise cured the default in accordance with Section 1.2(d) below: (a) Whenever the vote or consent of the Member or of any director of the Corporation who is an officer, director, representative, employee or agent of the Member would otherwise be required or permitted by the Certificate of Incorporation or Bylaws of the Corporation or by applicable statute, the Member or such director shall not be entitled to participate in such vote or consent, and such vote or consent shall be calculated as if the Member was not a member of the Corporation or if such director was not a member of the Corporation's Board of Directors. In addition, all other rights and privileges of membership in the Corporation shall be suspended with respect to the Member. (b) The Corporation may commence legal proceedings against the Member to collect the due and unpaid amount of membership dues, together with interest thereon for the account of the Corporation from the due date at the maximum rate allowed by applicable law, plus the costs and expenses of collection (including attorneys' fees and expenses). (c) If, after thirty (30) days from the expiration of the 15 -day cure period, the Member has not paid the full amount of due and unpaid membership dues, together with interest thereon, the Corporation may terminate the Member's membership in the Corporation by the affirmative vote of at least a majority of the Corporation's Board of Directors, provided notice of the intention to terminate the Member's membership interest is provided to the Member. (d) Notwithstanding the foregoing provisions of this Section 1.2, the Member shall have the opportunity to cure its default in the payment of membership dues pursuant to this Section 1.2(d) in the event that (i) the Member exercises its opportunity to cure within thirty (30) days of the termination of the fifteen -day cure period prescribed in the first sentence of this Section 1.2 (the "Cure Period") and (ii) not more than two other defaults have occurred with respect to the Member during the prior twelve consecutive calendar months. In order to cure such default, prior to the end of the Cure Period, the Member must pay the due and unpaid amount of membership dues to the Corporation, together with interest thereon for the account of the Corporation at the maximum rate allowed by law. In the event that the Member cures its default as provided in this Section 1.2(d) prior to the expiration of the Cure Period, the Corporation shall rescind any actions taken against the Member pursuant to 2 LAS99 W5697-2.075285.0011 Sections 1.2(a) through (c) as if the Member had not defaulted in its payment of membership dues hereunder. 2. Obligations of the Member. In addition to the obligation to pay membership dues in the manner set forth in Section 1 of this Agreement, the Member hereby agrees to the following conditions of membership: 2.1 Organization of the Member. Member is a [municipal] corporation duly organized, validly existing and in good standing under the laws under the State of California and has all requisite power and authority to execute and deliver this Agreement, and perform all of its obligations under this Agreement. 2.2 Governinq Documents of the Corporation. The Member acknowledges that, in its capacity as a member, it is bound by terms and conditions of the Corporation's Certificate of Incorporation, the Bylaws of the Corporation, each of which the Member acknowledges that it has read and understands, and such policies and procedures as may be adopted from time to time by the Board of Directors of the Corporation. 2.3 Three Year Commitment. The Member acknowledges that it is making a commitment hereby to remain a member in good standing of the Corporation for a period of three (3) years from the effective date of this Agreement and that it is committed to pay annual dues of $10,000 for a period of three (3) years from the effective date in order to provide a stable source of funding for the Corporation. 2.4 Representatives. The Member hereby designates Carol Herrera to serve as its duly authorized representative at meetings of the members and Carol Herrera to be its nominee to the Board of Directors. The Member may change those designations in a written notice to the Corporation. 3. Obligations of the Corporation. 3.1 Organization of the Corporation. The Corporation is a nonprofit mutual benefit corporation duly organized, validly existing and in good standing under the laws of the State of California and has all requisite power and authority to: (a) conduct its charitable, educational and social welfare activities as presently conducted; (b) execute and deliver this Agreement, and perform all of its obligations under this Agreement; and (c) issue a membership to the Member in accordance with the terms of this Agreement, its Articles of Incorporation and its Bylaws. 3.2 Use of Membership Dues. The Corporation acknowledges that membership dues shall be used to carry out the charitable, educational and social welfare purposes of the Corporation. LAS 99 1435697-2.075285.0011 4. Termination of Membership. 4.1 Voluntary Withdrawal. The Member may in its own discretion withdraw and be automatically removed from membership in the Corporation at any time after three (3) years by giving notice in the manner set forth in Section 2.5 of the Corporation's Bylaws. In the event of its withdrawal, the Member forfeits any entitlements or rights arising from such membership but, except as provided in Section 4.3 of this Agreement, shall have no obligation to pay additional membership dues. 4.2 Involuntary Termination. The Member's membership in the Corporation shall be terminated upon the occurrence of any of the following events: (a) the failure to pay annual membership dues on or before the due date prescribed for payment in accordance with the procedures set forth in Section 1.2(c) of this Agreement; provided, however, the Member's membership in the Corporation may be reinstated upon (i) the payment of the full amount of due and unpaid membership dues payable under this Agreement prior to the date of reinstatement, together with interest thereon; (ii) the payment in full of a non-refundable reinstatement fee equal to 25% of the Member's annual dues for the year of involuntary termination; and (iii) the affirmative vote of at least a majority of the Board of Directors of the Corporation; (b) the Member's dissolution under the laws of the State of its organization; (c) the Member's failure to abide by the Articles of Incorporation, the Bylaws, this Membership Agreement or any policies and procedures adopted by the Board of Directors of the Corporation, if (i) the Member has been given notice of its violation and has been given a period of at least fifteen (15) days to cure such violation and (ii) the majority of the members of the Corporation vote to remove the Member from membership, provided notice of the intention to remove the Member from membership is given to the Member at least fifteen (15) days before such vote of the members of the Corporation is to take place; or (d) the removal of the Member from membership without cause by the affirmative vote of at least two-thirds (213) of the [Government Sector or Private Sector] Members of the Corporation, provided written notice of the intention to remove the Member from membership is provided to the Member at least fifteen (15) days before such vote of the members of the Corporation is to take place; and provided further, that a Member removed from membership pursuant to this Section shall no longer be obligated to pay membership dues. 4.3 Obligation to Pay Membership Dues. The termination of the Member's membership in the Corporation pursuant to this Section 4 shall not relieve the Member of the obligation to pay any portion of annual membership dues for the full then (3) year membership commitment accrued and unpaid as of the effective date of such termination of membership. Notwithstanding the foregoing, in the event of the 4 LAS 99 1435697-2.075285.0011 Member's voluntary withdrawal from membership in the Corporation, the Member shall be obligated to pay all membership dues payable for the full three (3) year membership commitment under Section 1.1 of this Agreement. 5. Resolution of Disputes. Any Member complaints which cannot be resolved to the mutual satisfaction of the Member and the Corporation through communications between the Member and the President (or the President's designee) shall be submitted for final resolution to a committee appointed by the Board of Directors of the Corporation that shall consist of representatives of Members. Any such dispute that cannot be resolved by such committee shall be resolved by arbitration in Los Angeles, California pursuant to the Commercial Arbitration Rules then obtaining of the American Arbitration Association. The parties shall be entitled to conduct reasonable discovery in accordance with the Federal Rules of Civil Procedure, prior to the arbitration hearing, and the Federal Rules of Evidence shall be applicable to the arbitration hearing. Neither the Member nor the Corporation shall commence any action against the other to resolve any such dispute in any court except to confirm such arbitrator's award or to obtain equitable relief. Judgment upon any such award rendered by an arbitrator may be entered by any court in the California having jurisdiction thereof. The arbitrator (a) shall not have any power or authority to add to, alter, amend or modify the terms of this Membership Agreement; (b) shall be bound by, the laws of California, except that this Section 5 shall be governed by the Federal Arbitration Act; (c) shall have no power or authority to grant or award punitive damages; and (d) shall establish and enforce appropriate rules to ensure that the proceeding, including the decision, be kept confidential and that all confidential information of the parties be kept confidential and be used for no purpose other than the arbitration. The parties shall be deemed to have waived any rights to punitive damages. 6. Term of Agreement. The terms and provisions of this Agreement shall apply for an initial period commencing on the effective date of this Agreement and ending on [three years from effective date], 2009. Thereafter, the terms and provisions of this Agreement shall be renewed automatically and continue in effect from year to year unless the Agreement is terminated pursuant another provision of the Agreement. General Provisions. 7.1 Remedies. The remedies provided to the parties by this Agreement are not exclusive or exhaustive, but are cumulative of each other and in addition to any other remedies the parties may have. 7.2 Notices. Any notice required to be given pursuant to the terms and provisions hereof shall be in writing and transmitted by commercial courier, confirmed facsimile transmission, electronic mail or other electronic transmission, or by first class mail or certified mail, postage prepaid, to the Corporation and the Member at the addresses below. Any party may change the address to which notices are sent by giving notice in accordance with the provisions of this section. Any notice given by mail shall be deemed to be delivered at the time when the same shall be deposited in the United States mails, as aforesaid. Any notice given by facsimile or by electronic LA599 1435697-1075285,0011 transmission shall be deemed to be given upon successful transmission of such facsimile or successful delivery of such electronic transmission. To the Corporation: The Four Corners Institute To the Member: Attn: President Telefax No: _ E-mail: Attn: Telefax No: E-mail: 7.3 Bindinq Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns, and nothing in this Agreement is intended, nor shall it be deemed, to confer benefits on any third party. 7.4 Assignment. No assignment of this Agreement or the rights and obligations hereunder shall be valid without the prior written consent of the other party. 7.5 Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California applicable to contracts to be performed therein, without regard to the principles of conflicts of law thereof. Venue of any dispute arising from this agreement shall be in Los Angeles. California. 7.6 Severability. If any part of this Agreement shall be held invalid or inoperative for any reason, the remaining parts, so far as is possible and reasonable, shall remain valid and operative. 7.7 Waiver. Waiver by any party of a breach or violation of any provision of this Agreement shall not operate as, or be construed to be, a waiver of any prior, concurrent or subsequent breach. None of the provisions of this Agreement shall be considered waived by any party except when such waiver is given in writing. 7.8 Entire Agreement. This Agreement, any exhibits and any amendments or addenda hereto, all of which are hereby incorporated by reference, constitute the entire agreement between the parties regarding the subject matter of this Agreement and supersede all prior or contemporaneous discussions, representations, correspondence and agreements, whether oral or written. 6 LAS 99 1435697-2.075285.0011 7.9 Headings. The headings contained in this Agreement are for convenience purposes only and shall not affect the meaning or interpretation of this Agreement. 7.10 Amendment. This Agreement shall not be amended or modified except by a written document executed by both of the parties hereto and such written amendment(s) shall be attached to this Agreement. 7.11 Effective Date. The effective date of this Agreement shall be the date set forth in the first paragraph of this Agreement. 7.12 Counterpart Signatures. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which together shall constitute a single instrument. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day of , 2006. THE FOUR CORNERS TRANSPORTATION COALITION M Chair BYLAWS OF THE FOUR CORNERS TRANSPORTATION COALITION (A California Nonprofit Mutual Benefit Corporation) February _, 2006 LAS99 2435683-3,075285.0011 BYLAWS OF THE FOUR CORNERS TRANSPORTATION COALITION (A California Nonprofit Mutual Benefit Corporation) 1Nwe] &Ks]ONVIOMK ARTICLE I PURPOSES AND POWERS...................................................................... 1 ARTICLE II OFFICES AND SEAL................................................................. .......... 1 Section2.1. Offices......................................................................................................... 1 Section2.2. Seal........................................................................................ ..... 1 ARTICLE III MEMBERSHIP........................................................................................... I Section3.1. Members...................................................................................................... I Section3.2. Voting.............................................................................. Section 3.3. Membership Not Transferable..................................................................... 2 Section 3.4. Termination of Membership........................................................................ 2 Section 3.5. Annual Meeting ............................................ ... 2 Section 3.6. Special Meetings......................................................................................... 3 Section 3.7. Notice of Meetings...................................................................................... 3 Section 3.8. Quorum and Manner of Acting................................................................... 3 Section 3.9. Action Without Meeting.............................................................................. 3 Section 3.10. Vote by Written Ballot................................................................................ 3 Section 3.11. Prohibition Against Proxies........................................................................ 4 ARTICLE IV BOARD OF DIRECTORS.......................................................................... 4 Section4.1. Powers......................................................................................................... 4 Section 4.2. Number and Qualifications of Directors..................................................... 4 Section 4.3. Election and Term of Office........................................................................ 5 Section 4.4. Director Nominees...................................................................................... 6 Section 4.5. Resignations and Vacancies........................................................................ 6 Section4.6. Removal....................................................................................................... 7 Section4.7. Place of Meetings........................................................................................ 8 Section 4,8, Annual Organization Meeting..................................................................... 8 Section4.9, Regular Meetings........................................................................................ 8 Section 4.10. Special Meetings......................................................................................... 8 LAS99 1435683-3.075285 0011 _i _ Section 4.11. Notice of Special Meetings...... ............................................. I ..................... 8 Section 4.12. Quorum and Manner of Acting................................................................... 8 Section 4.13. Participation In Meetings By Conference Telephone ................................. 9 Section 4.14. Action Without Meeting............................................................................. 9 Section 4.15. Waiver of Notice......................................................................................... 9 Section4.16. Adjournment...............................................................................................9 Section 4.17. Fees and Compensation.............................................................................. 9 ARTICLEV OFFICERS.................................................................................................. 9 Section5.1. Officers........................................................................................................9 Section 5.2. Appointment of Officers........................................................................... 10 Section 5.3. Subordinate Officers.................................................................................. 10 Section 5.4. Chair of the Board..................................................................................... 10 Section5.5. Vice President............................................................................................ 10 Section5.6. Secretary.................................................................................................... 10 Section 5.7. Treasurer.................................................................................................... 10 Section 5.8. Assistant Secretaries and Assistant Treasurers ......................................... 11 Section 5.9. Executive Director..................................................................................... 11 Section 5.10. Resignation............................................................................................... 11 Section5.11. Removal.................................................................................................... 1 I Section5.12. Vacancies.................................................................................................. 1 I ARTICLE VI COMMITTEES......................................................................................... 12 Section 6.1. Committees Generally............................................................................... 12 Section 6.2. Authorized Committees of The Board ...................................................... 13 Section 6.3. Advisory Committees................................................................................ 13 Section 6.4. Special Advisory Committees................................................................... 14 Section 6.5. Term of Office........................................................................................... 15 Section 6.6. Vacancies................................................................................................... 15 Section 6.7. Meetings; Quorum ............... ARTICLE VII GENERAL PROVISIONS........................................................................ 15 Section7.1. Voting Shares............................................................................................ 15 Section 7.2. Checks, Drafts, Etc.................................................................................... 15 Section 7.3. Endorsement of Documents; Contracts..................................................... 15 Section 7.4. Inspection of Corporate Records............................................................... 16 LAS99 1435683-3.075285.0011 -ii- Section 7.5. Annual Report; Fiscal Year............................................................... I....... 16 Section 7.6. Construction and Definitions..................................................................... 16 ARTICLE VIII INDEMNIFICATION............................................................................... 16 Section 8.1. Indemnification......................................................................................... 16 Section8.2. Definitions................................................................................................. 16 ARTICLE IX CONFLICTS OF INTEREST................................................................... 16 ARTICLEX AMENDMENTS....................................................................................... 17 Section10.1. Amendments............................................................................................. 17 Section 10.2. Record of Amendments............................................................................ 17 CERTIFICATE OF SECRETARY LAS99 1435683-3,075285.0611 -iii- BYLAWS OF THE FOUR CORNERS TRANSPORTATION COALITION (A California Nonprofit Mutual Benefit Corporation) ARTICLE I PURPOSES AND POWERS The purposes and powers for which the corporation is formed shall be as provided in its Articles of Incorporation. ARTICLE II OFFICES AND SEAL Section 2.1. Offices. The principal office for the transaction of the business of the corporation shall be in the City of Los Angeles, County of Los Angeles, State of California. The corporation may also have an office or offices within or without the State of California as the Board of Directors may from time to time establish. Section 2.2. Seal. The corporation may, but need not, have a seal; provided that if it does the same shall have inscribed thereon the words "The Four Corners Institute." ARTICLE III MEMBERSHIP Section 3.1. Members. (a) Members, In General. The members of the corporation (collectively the "Members") shalI be cities and businesses located or doing business in or with the "Four Corners" area of Southern California (i.e., the area where Los Angeles, Orange and San Bernardino Counties converge ) that desire to become members and enter into a membership agreement that sets forth their respective rights, duties and responsibilities. (b) Classes of Members. The corporation shall have two (2) classes of Members, Government Members and Private Sector Members. The Government Members shall be the founding members, the Cities of Brea, Chino Hills, Diamond Bar and Pomona, as well as those cities and counties located in, or are affected by, the transportation issues affecting the Four Corners area, that desire to become Government Members, that who have been approved by the Board of Directors to be a Government Member, and that otherwise meet the requirements for Government Member status in accordance with these Bylaws and any other policies or procedures concerning Government Membership that the Board of Directors may from time to time adopt. The Private Sector Members shall be those individuals, businesses, consultants or other organizations in the private LAS99 1435693-3,075295.0011 sector that are interested in the transportation issues facing the Four Corners area and are not eligible to become Government Members and who otherwise meet the requirements for Private Sector Member status in accordance with these Bylaws and any other policies or procedures concerning Private Sector Membership that the Board of Directors may from time to time adopt. (c) Associate Members. The Board of Directors may also establish one or more categories of "associate members" none of whom shall be considered a "member" within the meaning of Section 5056 of the California Nonprofit Corporation Law. (d) General Membership Obligations Regarding Policies, Procedures and Dues. Each Member shall abide by the policies and procedures of the corporation and shall pay such application fees, membership dues and assessments of the corporation as shall be adopted from time to time by the Board of Directors. If, for any reason, a Member's membership terminates, any application fees, membership dues or assessments of the corporation paid by such Member shall not be refunded. Section 3.2. Voting. Each Government Member and Private Sector Member shall be entitled to one (1) vote on all matters submitted to the membership, except where the vote of only one (1) class of Members is required in accordance with these Bylaws. Section 3.3. Membership Not Transferable. Membership in the corporation is not transferable or assignable. Section 3.4. Termination of Membership. Each Member shall be and remain a Member until his, her or its membership is terminated as provided under these Bylaws. Prior to any involuntary termination of membership, or to any suspension or expulsion of any Member, the Board of Directors shall give such Member any notice, provide any hearing rights and follow any other procedures required by Section 7341 of the California Nonprofit Mutual Benefit Corporation Law or any successor statute thereto. Section 3.5. Annual Meeting. The annual meeting of the Members shall be held in the month of June, at a time, place and date as shall be determined by the Board of Directors. The purpose of the annual meeting is to elect directors and to transact any other business as may properly be brought before the meeting. Section 3.6. Special Meetings. Special meetings of the Members may be called by the Chairman of the Board, by the Board of Directors, by fifteen percent (15%) of the Government Members, or by fifteen percent (15%) of the Private Sector Members. Special meetings shall be held at the office of the corporation or at such other place as may be specified in the notice of the meeting. Section 3.7. Notice of Meetings. Written or printed notice stating the place, date and hour of the meeting and, in the case of a special meeting, the limited purpose or purposes for which the meeting is called, shall be delivered not less than 72 hours before the date of the meeting, either personally or by first-class mail, by or at the direction of the Chairman of the Board, the Secretary, or the officers or persons calling the meeting, to each Member entitled to LAS 99 1435683-3 075285.001 1 vote at such meeting. If mailed, such notice shall be deemed to be delivered when deposited in the United States mail, with postage fully prepaid thereon, addressed to the Member at his or her most recent address as it appears on the records of the corporation. Notice of any meeting may be waived by a writing filed by the Member entitled to such notice either before or after the holding of such meeting, and presence of a Member at any meeting of Members shall be deemed to be the equivalent of such waiver, except when the Member attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Section 3.8._Quorum and Manner of Actin . (a) At least (i) one-third (113) of the Government Members and (ii) one-third (1/3) of the Private Sector Members present in person shall constitute a quorum. (b) The vote of a majority of the votes entitled to be cast by the Government Members, and a majority of the votes entitled to be cast by the Private Sector Members present at a meeting at which a quorum is present shall be necessary for the adoption of any matter voted upon by the Members, unless a greater or different proportion or group of votes is required by law, the Articles of Incorporation or these Bylaws. (c) For any action where the vote of only one (1) class or group of members is required (such as the election or removal of certain directors) one-third (1/3) of that class or group of Members eligible to vote on such matter shall constitute a quorum with regard to such matter, and the vote of a majority of the votes present at the meeting cast by those eligible to vote on such matter shall be necessary for the adoption of such matter voted upon by the Members unless a greater or different proportion of votes is required by law, the Articles of Incorporation or these Bylaws. Section 3.9. Action Without Meeting. Any action required to be taken by the Members or that may be taken at a meeting of Members may be taken without a meeting by written ballot in accordance with Section 3.10 of these Bylaws. Section 3.10. Vote by Written Ballot. Any action referred to in Section 3.9 shall be taken as follows. In each case where the corporation solicits the votes of the Members by written ballot, the corporation shall, in connection with the giving of notice to the Members, distribute to each member eligible to vote on each such action, either personally, by facsimile with oral confirmation of receipt, by electronic transmission or by first-class mail, a written or printed ballot. Such written or printed ballot shall include (a) information identifying the Member's class status and other relevant identifying information, (b) a brief description of the action under consideration, (c) if such ballot is for the election of directors, the names of each director nominee and (d) information indicating the place to which such ballot must be sent and the date prior to which such ballot must be received by the corporation in order to be effective. Such date must be no less than ten (10) nor more than sixty (60) days after the date on which the written ballot is distributed to the applicable Members. For actions taken by written ballot, a Member's timely return of a valid written ballot in accordance with this Section 3.10 shall constitute that LAS 99 1435683-3.075285.0011 Member's presence at a meeting of Members related to such written ballot, solely for purposes of voting and determining whether a quorum exists with respect to the subject matter of the written ballot only. For actions taken solely by written ballot, written ballots representing a majority of the Members eligible to vote for such action must be received in order for the vote to be effective, and the vote of a majority of the votes received from the Government Members entitled to vote for such action, and the vote of a majority of the votes received from the Private Sector Members entitled to vote for such action, shall be necessary for the adoption of any matter voted upon by the Members, unless a greater or different proportion or group of voters is required by law, the Articles of Incorporation or these Bylaws. For any action where the vote of any one class of members or any other portion of the membership is required (such as the election or removal of certain directors), written ballots representing a majority of the Members eligible to vote for such action must be received in order for the vote to be effective, and an affirmative vote by a majority of the votes received from such Members shall be necessary for the adoption of any such action. Section 3.11. Prohibition Against Proxies. No Member shall authorize another person or persons to act as proxy on behalf of the Member for any act or vote related to such membership. ARTICLE IV BOARD OF DIRECTORS Section 4.1. Powers. Subject to the limitations of the Articles of Incorporation, these Bylaws and the California Nonprofit Mutual Benefit Corporation Law, all powers of the corporation shall be exercised by or under authority of a Board of Directors, which shall also be responsible for controlling all of the corporation's property, and controlling, conducting and managing the corporation's affairs. The primary function of the Board of Directors shall be to establish corporate policies for the direction and guidance of the committees (if any committees exist), the officers and the management of the corporation, and to formulate the basic rules and regulations governing the operation and management of the corporation. Section 4.2. Number„ and Qualifications of Directors. The authorized number of directors of the corporation shall be based on membership and shall include all Government Members ("Government Directors") and ten (14) of the directors shall be Private Sector Members ("Private Sector Directors"). Each Government Director must be an elected official or senior manager of a Government Member (such as by holding office or by being employed by a city or other governmental agency) and shall cease to a director when they leave office or cease to be employed by a Government Member. Each Private Sector Director must be a Private Sector Member or affiliated in some fashion with a Private Sector Member. Under no circumstances may any Member or representative thereof hold more than one seat on the corporation's Board of Directors. Section 4.3. Election and Term of Office. (a) Manner of Election. (i) For the purposes of voting for the election of directors (A) the Government Directors shall be elected by the votes of the Government 4 LAS99 1435683-3.075285,0011 Members only and (B) the Private Sector shall be elected by the votes of the Private Sector Members only. (ii) Only those Members who are eligible to vote for any particular class of director shall participate in the election of such director, and directors shall only be elected from among the Director Nominees, as defined in . Section 4.4 of these Bylaws. (iii) Those directors elected by the Members shall be those Director Nominees who receive 50% plus one vote of Government Member votes or Private Sector Member votes, as applicable. (b) Director Groups. Each director will be assigned to one (1) of three (3) director groups (the "Director Groups") for the purposes of determining the date of expiration of such director's term in office. Except as otherwise required to conform with the reelection timing for any applicable Director Group, each elected director will serve until the third (3rd) succeeding annual meeting following his or her election and until a successor has been elected and qualified. The composition and date of reelection for each Director Group is set forth on Exhibit A, attached hereto, as such Exhibit A may be amended from time to time in accordance with Section 10.1 of these Bylaws. (c) Elections to Replace Director Group Members. At each annual meeting of the Members, or as needed to fill any vacancy among the directors, appropriate Members will elect a number of directors equal to the number of (i) Government Directors, and (ii) Private Sector Directors whose terms expire or whose position is vacant at the time of such meeting. (d) Additional Provisions. (i) Unless otherwise specifically provided in these Bylaws, there shall be no prohibition against (A) the election of a director to succeed himself or herself, (B) the election of a director for the remainder of an unexpired term of a director, or (C) amendment of these Bylaws to increase or decrease the number of directors, except that no decrease in the number of directors shall have the effect of shortening the term of any incumbent director. (ii) Notwithstanding Section 4.3(d)(1) above, (A) no director may serve more that three (3) consecutive full elected terms in office (i.e., excluding the initial term of any initial appointed director and excluding any partial elected terms to complete the unexpired term of a director) and (B) after serving three (3) consecutive full elected terms in office, a director shall not be eligible for nomination and reelection until he or she has remained off of the Board for a minimum of one (1) year. LA599 1435643-3.075295,00t] Section 4.4. Director Nominees. (a) For any vote for directors by the corporation's membership, the Government Members or Private Sector Members, as applicable, shall vote only for those Government Directors or Private Sector Directors, as applicable, who (i) meet the requirements for nomination to the Board of Directors set forth in Section 4.2 above and this Section 4.4, or otherwise determined by the Board of Directors in. its sole discretion (the "Nomination Requirements") and (ii) who were either (A) nominated by the Nominating Committee of the Board of Directors, as described in Section 6.4 of these Bylaws, or (B) have submitted a valid nominating petition to the Chairman of the Board or the Secretary, at least twenty (20) days prior to such election (collectively the "Director Nominees"). (b) To be valid, a nominating petition must be signed by at least ten percent (10%) of the Government Members or Private Sector Members, as applicable, eligible to vote in such election for the director position at issue. Section 4.5. Resignations_ and Vacancies. (a) Any director may resign at any time, effective upon giving written notice to the Chairman of the Board or the Board of Directors, unless the notice specifies a later time for the effectiveness of such resignation. If the resignation is effective at a future time, a successor may be elected before such time, to take office when the resignation becomes effective. Resignation as a director of the corporation shall also constitute resignation as an officer and as a member of all Committees of the Board, as defined below. (b) Except as provided in Section 4.6, all vacancies among the Government Directors may be filled by the remaining Government Directors voting as a group and all vacancies among the Private Sector Directors may be filled by the remaining Private Sector Directors voting as a group, at the annual meeting of the Board of Directors or at a special meeting of the Board of Directors called for that purpose. If there are no remaining Government Directors or Private Sector Directors, as applicable, all vacancies among the applicable class of directors shall be filled by the Government Members or Private Sector Members, as applicable, at the annual meeting of the Members or at a special meeting of the Members called for that purpose. Each director elected to fill a vacancy shall serve until the expiration of the term of the replaced director and until such replacement director's successor has been elected and qualified. (c) A vacancy or vacancies shall be deemed to exist in the case of the death or resignation of any director, or if the authorized number of directors is increased. (d) The Government Members or Private Sector Members, as applicable, may elect additional directors at any time after an amendment of the Articles of Incorporation or these Bylaws is duly adopted authorizing an increase in the number of directors. LAS99 1435683-3.075285,001 1 Section 4.6. Removal. (a) All or any number of the Government Directors or Private Sector Directors may be removed, with or without cause, at a special meeting of the Members called expressly for that purpose pursuant to Section 3.6 of these Bylaws, by a vote of a majority of the Members entitled to elect such director(s). In the event that any one or more of the directors shall be so removed, new director(s) may be elected at the same time by the appropriate Members entitled to elect such director(s), to fill the unexpired term or terms of the director(s) so removed. If new directors are not elected at such meeting, the vacancy may be filled by the remaining directors in accordance with Section 4.5 of these Bylaws. (b) Any reduction of the number of directors authorized in the Articles of Incorporation or Bylaws does not act to remove any director prior to the expiration of such director's term. (c) Removal as a director of the corporation shall also constitute removal as an officer and as a member of all Committees of the Board. (d) The Board of Directors may declare vacant the office of any director who has been declared of unsound mind by a final order of court, or convicted of a felony, or who has failed to attend a majority of the meetings of the Board of Directors within the prior twelve (12) month period, or who has been found by a final order or judgment of any court to have breached any duty under Article 3 (commencing with Section 7230) of the California Nonprofit Mutual Benefit Corporation Law. Section 4.7. Place of Meeting. All meetings of the Board of Directors shall be held at the principal office of the corporation or at such other place as may be designated for that purpose from time to time by the Board of Directors. Section 4.8. Annual Organization Meeting. The annual organization meeting of the Board of Directors shall be held immediately following and at the same place as the annual meeting of Members, or at such other time and place as may be determined by the Board of Directors. The purpose of the annual organization meeting is for organization, election of officers and the transaction of such other business as may properly be brought before the meeting. Section 4.9, Regular Meetings. Regular meetings of the Board of Directors shall be held at such dates, times and places as the Board of Directors shall specify. No notice of any regular meeting of the Board of Directors need be given if the Board of Directors has so fixed the time and place of such meetings. Section 4.10. Special Meetings. Special meetings of the Board of Directors may be called for any purpose or purposes at any time by the Chairman of the Board or at the request in writing of at least fifty percent (50%) of the Government Directors or fifty percent (50%) of the Private Sector Directors. LAS 99 14356R3-3-075285.0011 Section 4.11. Notice of Special Meetings. Notice of the time and place of special meetings shall be communicated personally or by telephone to each director, or sent to each director by mail or other form of written communication, charges prepaid, addressed to each director either at each director's address as it is shown on the records of the corporation or, if it is not so shown on such records or is not readily ascertainable, at the place where the meetings of the directors are regularly held or at the corporation's principal office. Such notice, if mailed, shall be mailed at least four (4) full business days prior to the time of the holding of the meeting. Such notice, if delivered personally, telephonically or telegraphically, shall be given at least forty eight (48) hours prior to the time of the holding of the meeting. A notice of special meeting need not specify the purpose or the matters to be acted upon at the special meeting. Section 4.12. Quorum and Manner of Acting. A majority of the total number of Directors then in office (i.e., including all Government Directors and Private Sector Directors) shall constitute a quorum for the transaction of business at any meeting of the Board of Directors, except to adjourn as provided in Section 4.16 of these Bylaws. The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors unless the act of a greater number is required by law, the Articles of Incorporation of the corporation or these Bylaws. Notwithstanding the provisions of this Section 4.12, a meeting at which a quorum initially is present may continue to transact business notwithstanding the withdrawal of directors, if any action taken is approved by at least a majority of the number of directors that would constitute such quorum. Section 4.13. Partici ation In Meetings By Conference Tele hone. Directors may participate in a meeting of the Board of Directors through the use of conference telephone or similar communications equipment, as long as all directors participating in such meeting can hear one another. A director's participation in a meeting in accordance with this Section 4.13 shall constitute that director's presence in person at such meeting for all purposes, including determining whether a quorum exists. Section 4.14. Action Without Meetini?. Any action required or permitted to be taken by the Board of Directors may be taken without a meeting if all of the directors shall individually or collectively consent in writing to such action. Such action by written consent shall have the same force and effect as the unanimous vote of such directors. Such written consent or consents shall be filed with the minutes of the proceedings of the Board of Directors. Section 4.15. Waiver of Notice. Notice of a meeting need not be given to any director who signs a waiver of notice or a written consent to the holding of a meeting or an approval of the minutes thereof, whether before or after the meeting, or who attends the meeting without protesting, prior thereto or at its commencement, the lack of notice to such director. All such waivers, consents and approvals shall be filed with the corporate records or made a part of the minutes of the meeting. Section 4.16. Adjournment. A majority of the directors present, whether or not a quorum is present, may adjourn any meeting of the Board of Directors to another time and place. Notice of the time and place of holding an adjourned meeting need not be given to absent directors if the time and place is fixed at the meeting adjourned, unless the meeting is adjourned for more than twenty-four (24) hours. If the meeting is adjourned for more than twenty-four (24) LA599 1435683-3.075285,00[l hours, notice of any adjournment to another time or place shall be given prior to the time of the adjourned meeting to the directors who were not present at the time of the adjournment. Section 4.17. Fees and Compensation. Directors and committee members shall receive such compensation for their services as the Executive Committee in its discretion shall from time to time determine and shall be entitled to reimbursement for reasonable out-of-pocket expenses incurred by them in accordance with reimbursement policies (if any) adopted by the Executive Committee from time to time. This section shall not preclude Directors from receiving fair and reasonable compensation for services rendered to or for the corporation, or any program sponsored by the corporation, in a capacity other than as a director as long as such payment is consistent with applicable laws.. ARTICLE V OFFICERS Section 5.1. Officers. The officers of the corporation shall be the Chair of the Board, one or more Vice Presidents, the Secretary, the Treasurer, and the Executive Director, which officers shall be chosen by, and hold office at the pleasure of, the Board of Directors, subject to the rights, if any, of any officer under any contract of employment. The corporation may also have, at the discretion of the Board of Directors, one (1) or more Assistant Secretaries and one (1) or more Assistant Treasurers. Any two (2) or more offices may be held by the same person except that neither the Secretary nor the Treasurer may serve concurrently as the Chair of the Board. Only directors shall be eligible to serve as Chair of the Board or Vice President. Officers, other than the Chair of the Board or Vice President, need not be directors. Section 5.2. Appointment of Officers. The officers of the corporation shall be chosen annually by the Board of Directors, and each shall hold office for one (1) year and until the officer's successor shall be appointed and qualified to serve, or until the officer dies, is disqualified to serve, resigns or is removed. Section 5.3, Subordinate Officers. The Board of Directors may elect or authorize the appointment of such additional officers other than those described in Section 5.1 of these Bylaws, as the business of the corporation may require, each of whom shall hold office for such period, have such authority, and perform such duties as are provided in these Bylaws, or as the Board of Directors may from time to time authorize or determine. Section 5.4. Chair of the Board. The Chair of the Board, if present, shall preside over all meetings of the Board of Directors [and shall be the chief executive officer of the corporation]. Subject to the control of the Board of Directors, the Chair of the Board shall have general supervision, direction and control of the business and affairs of the corporation. The Chair shall be an advisory member of all Standing Committees, if any, and shall have the general powers and duties of management usually vested in the office of the [president and/or chair of the board] of a corporation and such other powers and duties as may be prescribed by the Board of Directors and these Bylaws. Section 5.5. Vice President. In the absence or disability of the Chair of the Board, the Vice President or Vice Presidents in order of their rank as fixed by the Board of Directors, or, if LA599 1435663.3.075265.00 i ] not ranked, the Vice President designated by the Board of Directors, shall perform all duties of the Chairman, and when so acting shall have all of the powers and be subject to all of the restrictions upon the Chair. The Vice Presidents shall have such other powers and perform such other duties as from time to time may be prescribed for them, respectively, by the Board of Directors and these Bylaws. Section 5.6. Secretary. The Secretary shall keep or cause to be kept at the principal office of the corporation, the original or a copy of the corporation's Articles of Incorporation and Bylaws, as amended to date. The Secretary shall also keep or cause to be kept at the principal office, or at such other place as the Board of Directors may order, a book of minutes of all meetings of the directors, which minutes shall include the time and place of holding, whether annual, regular or special, and if special how authorized, the notice thereof given, the names of those present at directors' meetings, and the proceedings thereof. The Secretary shall give or cause to be given notice of all meetings of the Board of Directors required by these Bylaws or by law to be given, and he or she shall keep the seal of the corporation in safe custody and have such other powers and perform such other duties as may be prescribed by the Board of Directors and these Bylaws. Section 5.7. Treasurer. The Treasurer shall be the chief financial officer of the corporation and shall keep and maintain, or cause to be kept and maintained, adequate and correct accounts of the properties and business transactions of the corporation, including accounts of its assets, liabilities, receipts, disbursements, gains and losses. The books of account shall at all times be open to inspection by any director. The Treasurer shall deposit all moneys and other valuables in the name and to the credit of the corporation in such depositories as may be designated by the Board of Directors. The Treasurer shall disburse the funds of the corporation as shall be ordered by the Board of Directors, shall render to the Chair and the directors, whenever they shall request it, an account of all of the Treasurer's transactions and the financial condition of the corporation,shall take proper vouchers for all disbursements of corporation funds and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors and these Bylaws. Section 5.8. Assistant Secretaries and Assistant Treasurers. The Assistant Secretaries and Assistant Treasurers, if any, in the order of their seniority as specified by the Board of Directors shall, in the absence or disability of the Secretary or Treasurer respectively, perform the duties and exercise the powers of the Secretary or Treasurer and shall perform such other duties as the Board of Directors shall prescribe. Section 5.9. Executive Director. The Executive Director shall serve as chief [executive?][administrative?] officer of the corporation and shall oversee all of the day-to-day activities and operations of the corporation. The Executive Director shall not simultaneously serve as a director or other officer of the corporation. Section 5.10. Resignation. Any officer may resign at anytime by giving written notice to the Board of Directors, to the Chair of the Board or to the Secretary of the corporation. Any such resignation shall take effect at the date of the receipt of such notice or at any later time specified therein and, unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. io LAS 99 1435693-3.075285.0011 Section 5.11. Removal. Any officer elected or appointed may be removed by the persons authorized to elect or appoint such officer whenever, in their judgment, the best interests of the corporation will be served thereby. The removal of an officer shall be without prejudice to the contract rights, if any, of the officer so removed. Any officer may be removed by any officer upon whom such power of removal has been conferred by the Board of Directors. Section 5.12. Vacancies. Any vacancy in any office, because of death, resignation, removal, disqualification or any other cause, shall be filled in the manner prescribed in these Bylaws for regular election or appointment to such office, provided that such vacancies shall be filled as they occur and not on an annual basis. Should a vacancy occur in any office, the Board may delegate the powers and duties of such office to any officer or to any director until such time as a successor for the vacant office has been elected or appointed. ARTICLE VI COMMITTEES Section 6.1. Committees Generall . (a) The Board of Directors may, by resolution adopted at a properly held meeting of the Board of Directors as provided in Section 4.12 of these Bylaws, establish one or more committees. Such resolution shall state whether such committee shall have legal authority to act for the corporation (hereinafter referred to as "Committees of the Board") or be advisory committees, which lack such authority. Such resolution shall also state whether such committee is standing or special. There shall be such standing committees as are set forth in Sections 6.2 and 6.3 of this Article VI of these Bylaws, or as are otherwise approved by the Board. Members of all committees shall serve at the pleasure of the Board. Any committee having legal authority to act for the corporation, to the extent provided in the resolution of the Board, shall have all authority of the Board, except with respect to: (i) The approval of any action for which the California Nonprofit Mutual Benefit Corporation Law or these Bylaws also requires approval of the Members; (ii) The filling of vacancies on the Board of Directors or on any committee which has the authority of the Board-, (iii) The fixing of compensation of the directors for serving on the Board of Directors or on any committee; (iv) The amendment or repeal of bylaws or the adoption of new bylaws; (v) The amendment or repeal of any resolution of the Board of Directors which by its express terms is not so amendable or repealable-, (vi) The appointment of other committees of the Board of Directors or the members thereof; !1 LAS 99 1435683-3.075285D011 (vii) The expenditure of corporate funds to support a nominee for director after there are more people nominated for director than can be elected; or (viii) With respect to any assets held in charitable trust, the approval of any self-dealing transaction, as such transactions are defined in Section 5233(a) of the California Nonprofit Corporation Law. (b) The Board of Directors shall have the power to prescribe the manner in which proceedings of any committee shall be conducted. In the absence of any such prescription, such committee shall have the power to prescribe the manner in which its proceedings shall be conducted. Unless the Bylaws, the Board or such committee shall otherwise provide, the regular and special meetings and other actions of any committee shall be governed by the provisions of Article IV of these Bylaws applicable to meetings and actions of the Board of Directors. Each committee shall keep regular minutes of its proceedings and shall report the same to the Board from time to time, as the Board of Directors may require. Section 6.2. Authorized Committees of The Board. (a) In General. Authorized committees of the Board shall consist of the Executive Committee and any other committee as the Board may authorize from time to time. (b) Membership of Authorized Committees. Only directors may be appointed to authorized committees of the Board. Each authorized committee of the Board shall consist of two (2) or more directors. The Board may designate one (1) or more directors as alternate members of any such committee, who may replace any absent member at any meeting of the committee. (c) Executive Committee. The Executive Committee shall be comprised of not less than seven (7) directors at least a majority of which are government directors and is empowered to represent the Board of Directors and act on behalf of the Board of Directors in all actions which do not require a vote of the Board as identified in Section 6.1; provided, however, that the Executive Committee shall have no power to take any of the actions set forth in Section 7212 of the California Nonprofit Corporation Law. The Executive Committee shall consist of four (4) Government Members, the Chair of the Board of Directors, and two (2) Private Sector Members. For the first three (3) years of the entity's existence, the cities of Brea, Diamond Bar, Chino Hills and Pomona shall be the Government Members on the Executive Committee. Section 6.3. Advisory Committees. (a) In General. Advisory committees shall consist of the Finance Committee, and, Nominating Committee, and such other committees as the Board may authorize from time to time. Each such committee shall be deemed discharged when a new committee is appointed for the same task. 12 LAS 99 1435683-3.075285M1 1 (b) Membership of Advisory Committees. Advisory committee membership may consist of directors only, or directors and nondirectors, provided that at least two (2) members of any advisory committee must be directors. Advisory committees may also include nonvoting members and alternate members. The chair and members of advisory committees shall be appointed by the Chair of the Board or the Board. Advisory committees shall have no legal authority to act for the corporation, but shall report their findings and recommendations to the Board of Directors. (c) Nominating Committee. Except as provided under Section 4.4 of these Bylaws, the Nominating Committee, on behalf of the Board of Directors, shall have the non-exclusive power to nominate individuals to serve as Director Nominees of the corporation. In all decisions relating to the nomination of Director Nominees, the Nominating Committee shall consider the Nomination Requirements specified or established pursuant to Section 4.4 of these Bylaws and the Board of Director composition requirements of Section 4.2 of these Bylaws. In addition to having exclusive power to nominate Director Nominees, the Nominating Committee's responsibilities shall include: recommending from time to time, Nomination Requirements, as contemplated by Section 4.4 of these Bylaws, reviewing the qualifications of candidates for the Board of Directors from whatever source received; recommending to the Board of Directors candidates to fill vacancies of directors pursuant to Section 4.5 of these Bylaws; recommending to the Board of Directors the specific amounts of stipends paid to directors pursuant to Section 4.17 of these Bylaws; recommending to the Board of Directors the selection of committee chairmen; and recommending to the Board of Directors the actual assignments of individual directors (by name) to authorized committees of the Board and Advisory Committees. Section 6.4. Special Advisory Committees. From time to time, the Chairman of the Board or the Board of Directors may appoint one (1) or more special advisory committees. Section 6.5. Term of Office. The chair and each member of any committee shall serve until the next annual election of directors and until his or her successor is appointed, or until he or she otherwise ceases to qualify as a chair or member, as the case may be, of any committee. Section 6.6. Vacancies. Vacancies on any committee may be filled for the unexpired portion of the term in the same manner as provided in the case of original appointment. Section 6.7. Meetin s• uorum. Each committee shall meet as often as necessary to perform its duties at such times and places as directed by its chairman or by the Board of Directors. The presence at a committee meeting of a majority of the committee's members shall constitute a quorum at such meeting, provided that at least two (2) committee members are present. Committee members may participate in a committee meeting through the use of conference telephone or similar communications equipment as long as all committee members participating in such meeting can hear one another. A committee member's participation in a meeting in accordance with this Section 6.7 shall constitute that committee member's presence in person at such meeting for all purposes, including determining whether a quorum exists. 13 LAS99 1435683-3-075285.0011 ARTICLE VTI GENERAL PROVISIONS Section 7.1. Voting Shares Memberships, etc.. The corporation may vote any and all shares held by it in any other corporation and any and all memberships held by it in any other nonprofit corporation, limited liability company partnership or other form of entity by such officer, agent or proxy as the Board of Directors may appoint, or in the absence of any such appointment, by the Chair of the Board or by any Vice President who is also a director and, in such case, such officers or any of them, may likewise appoint a proxy to vote said shares or memberships. Section 7.2. Checks, Drafts Etc. All checks, drafts or other orders for payment of money, notes or other evidences of indebtedness issued in the name of or payable to the corporation and any and all securities owned or held by the corporation requiring signature for transfer shall be signed or endorsed by such person or persons and in such manner as from time to time shall be determined by the Board of Directors. Section 7.3. Endorsement of Documents,• Contracts. Subject to the provisions of applicable law, any note, mortgage, evidence of indebtedness, contract, conveyance or other instrument in writing and any assignment or endorsement thereof, executed or entered into between the corporation and any other person, when signed by the Chair of the Board [Executive Director]or any Vice President and the Secretary, any Assistant Secretary, the Treasurer or any Assistant Treasurer of the corporation, shall be valid and binding on the corporation in the absence of actual knowledge on the part of the other person that the signing officer(s) had no authority to execute the same. Any such instruments may be signed by any other person or persons and in such manner as from time to time shall be determined by the Board of Directors, and, unless so authorized by the Board of Directors, no officer, agent or employee shall have any power or authority to bind the corporation by any contract or engagement or to pledge its credit or to render it liable for any purpose or amount. Section 7.4. Inspection of Corporate Records. The books of account and minutes of the proceedings of the Board of Directors and committees of the Board shall be made available for inspection upon the request of any Member or any director at any reasonable time. Such inspection may be made in person by the Member or by the director or by an agent or attorney of the Member or the director. Section 7.5. Annual Report; Fiscal Year, The Treasurer shall cause an annual report to be prepared and sent to each Member, each member of the Board of Directors, and to such other persons as the Board of Directors may designate, no later than one hundred twenty (120) days after the close of the fiscal or calendar year. Such annual report shall be prepared in conformity with the requirements of the California Nonprofit Corporation Law now in effect and as it may hereafter be amended. The fiscal year of the corporation shall be July 1 to June 30. Section 7.6. Construction and Definitions. Unless the context otherwise requires, the general provisions, rules of construction and definitions contained in the general provisions of 14 LAS99 1435663-3.075285.00 ] the California Nonprofit Corporation Law and in the California Nonprofit Mutual Benefit Corporation Law shall govern the construction of these Bylaws. ARTICLE VIII INDEMNIFICATION Section 8.1. Indemnification. Agents of the corporation shall be indemnified by the corporation to the fullest extent allowable under Section 7237 of the California Nonprofit Mutual Benefit Corporation Law and in a manner acceptable to the Board of Directors. Section 8.2. Definitions. For purposes of this Article VIII, "Agent" means any person who is or was a director, officer, employee or other agent of the corporation, or is or was serving at the request of the corporation as a director, officer, employee or agent of another foreign or domestic corporation, partnership, joint venture, trust or other enterprise, or was a director, officer, employee or agent of a foreign or domestic corporation which was a predecessor corporation of the corporation or of another enterprise at the request of such predecessor corporation. ARTICLE IX CONFLICTS OF INTEREST No contract or other transaction between the corporation and any domestic or foreign corporation, firm or association of which one or more of the corporation's directors are directors is either void or voidable because such director or directors are present at the meeting of the Board or committee thereof which authorizes, approves or ratifies the contract or transaction, if: (a) The material facts as to the transaction and as to such director's other directorship are fully disclosed or known to the Board of Directors or the committee, and the Board of Directors or the committee authorizes, approves or ratifies the contract or transaction in good faith by a vote sufficient without counting the vote of the common director or directors; or (b) As to contracts or transactions not approved as provided in paragraph (a) of this Article IX, the contract or transaction is just and reasonable as to the corporation at the time it is authorized, approved or ratified. This Article IX does not apply to self-dealing transactions as defined and governed by Section 5233 of the California Nonprofit Corporation Law. ARTICLE X AMENDMENTS Section 10.1. Amendments.These Bylaws or any part thereof may be amended or repealed, and new Bylaws may be adopted only by (i) the affirmative vote of a Board of Directors (e.g., by a majority of the directors at a duly called meeting at which a quorum is present or by the unanimous written consent 'of all directors) plus the subsequent approval of the Government Members and the Private Sector Members, or (ii) by the majority vote or written 15 LAS 99 1435683-3,075285.0011 ballot of the Government Members and the separate majority vote or written ballot of the Private Sector Members. Section 10.2. Record of Amendments. Whenever a new Bylaw or amendment to these Bylaws is adopted, it shall be included in the corporate minute book with the original Bylaws. If any Bylaw or amendment to these Bylaws is repealed, the fact of repeal with the date of the meeting or action by written consent when said repeal was adopted shall be stated in a writing placed in the corporate minute book with the original Bylaws. 16 LAS 99 14356S3-3.075285.0011 J_ 15 O U U W N W a O F- F - N W C3 W a F - z D 0 � U LLI Z m O � w ¢ z O ❑ [C Q 0 a cu �C__ c 7 O 0 � m o W En CA w aD 707 cM o -0 CL(1) ni � m