Loading...
HomeMy WebLinkAbout3/7/2006THIS 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 7, 2006 Next Resolution No. 2006-17 Next Ordinance No. 04(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: 5:15 p.m., Room CC -8 ► Library Survey ON. AB 1234 Reimbursement Policy ► Public Safety Committee Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Ahmad H. Sakr, Ph.D., Islamic Education Center Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes, Mayor Herrera Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Certificates of Recognition to Meredith Morris, Caitlen Kemble and Genessis Holguin being named to the "2006 Sound of America Honor Band and Chorus". MARCH 7, 2006 PAGE 2 BUSINESS OF THE MONTH: 1.2 Presentation of City Tile to Bob and Kelli Reed, Owners of Diamond Mail and Shipping as Business of the Month, March, 2006 and slide presentation. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a_ Speaker's Card and „give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City. Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may 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 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — March 9, 2006 — 7:00 p.m., Hearing Board Room, AQMDIGovernment Center, 21865 Copley Dr. 5.2 PLANNING COMMISSION MEETING — March 14 2006 — 7:00 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 5.3 CITY COUNCIL MEETING — March 21, 2006 — 6:30 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session of February 21, 2006 — Approve as submitted. 6.1.2 Regular Meeting of February 21, 2006 — Approve as submitted 6.2 Planning Commission Minutes: 6.2.1 January 10, 2006 - Receive and file. 6.2.2 January 24, 2006 — Receive and file. MARCH 7, 2006 PAGE 3 6.3 Parks and Recreation Commission Minutes — Regular Meeting of January 26, 2006 - Receive and file. 6.4 Ratification of Check Register - Ratify 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 - Review and approve. 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 Summit Ridge Park, Including Re -Grading of Field, Refurbishing of Irrigation System and Installation of New Sod; and Approval of a General Fund Appropriation of $40,000 to Spend a $40,000 Retention Forfeiture from KPRS for Construction of the Diamond Bar Center. Recommended Action: Approve and Appropriate. Requested by: Community Services Department 6.7 Second Reading by Title Only, Waive Full Reading of and Adopt Ordinance No. 03(2006) Approving Zone Change No. 2005-03 Changing the Existing Zoning for General Plan Compliance From R- 1-20,000 to Rural Residential (RR) for Property Located Directly South of Rocky Trail Rd. and Alamo Heights Dr. and West of Horizon Ln., Identified by APN Nos. 8713-023-002, 8713-023-004 8713-023-005, 8713.024-001 'and 8713-024-002 (Millenium/Cheung Project). Recommended Action: Approve for Second Reading, Waive Full Reading and Adopt. Requested by: Planning Department 6.8 Ratify 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 Ave. and Golden Springs Dr., Golden Springs Dr. and Target Driveway, and Diamond Bar Blvd. and Maple Hill Rd. Recommended Action: Ratify. Requested by: Public Works Department MARCH 7, 2006 PAGE 4 6.9 Approval of 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). Recommended Action: Approve. Requested by: Planning Department 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 Appointments/Reappointments to Commissions: 8.1.1 Planning Commission 8.1.2 Parks and Recreation Commission 8.1.3 Traffic and Transportation Commission Requested by: City Council 9. COUNCIL SUB -COMMITTEE REPORTSICOUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Study Session #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. 1. 1 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. 1f 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? Gender: By observation Party: From file Name Address City Zip Yes---------------------------------------------- 46% No------------------------------------------------ 34% (DON'T READ) Need more info ----------17% (DON'T READ) DK/NA ---------------------- 4% THANK AND TERMINATE Male---------------------------------------------48% Female------------------------------------------ 52% Democrat --------------------------------------- 38% Republican ------------------------------------- 44% Decline-to-state/Independent -------------16% ----------------------- ° Other party--------------- 3 0 Page #_ Voter ID # Precinct Interviewer POLICY AND PROCEDUR CITY OF DIAMOND BAR POLICY AND PROCEDURE Number: Authority: city council Minute order Effective: March 7, 2006 1. Purpose Study Session 42 ---------- --------- NO. F-5 The City of Diamond Bar 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 PROCEDU 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 or Assistant 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 City officials and employees who do not receive an automobile allowance should use City vehicles to the extent possible. When necessary to use private automobiles, reimbursement to officials and employees who do not receive an automobile allowance 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. For those officials or employees receiving an auto allowance, 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 POLICY AND PROCEDU NO. F-5 (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 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 internet/broadband access, that charge may be reimbursed as part of the room rate. Con ferences/Meefings. 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. POLICY AND PROCEDURE ------------------------------- ------------------------------------------------ ----------- NO. F-5 Other Lodging. Travelers must request government rates, when available. A listing of hotels offering government rates in different areas is available at www.catraveismart.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. 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. Locall 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 POLICY AND PROCEDURE --------------- ------------------------------- --- ------------------------------------ NO. F-5 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. 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. City Events This policy is not applicable to meals provided in connection with City sponsored events and promotional activities. Records, including a list of those entertained, affiliation and purpose of entertainment to benefit the City must be maintained. 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. 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. POLICY AND PROCEDURE---------------------------------------------------------------------------------- NO. F-5 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. 13 All expenses are subject to verification that they comply with this policy. 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. All advances must be reported submitted, but never more than receipt. Any unexpended funds Finance Department. 14. Credit Card Use Policy on the next expense statement thirty (30) calendar days from must be returned promptly to the POLICY AND PROCEDURE NO. F-5 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. 16. Reports to Legislative Body 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. 17. 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. 18. 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 travel and/or 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; POLICY AND PROCEDU NO. F-5 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. Study Session #3 Diamond Bar's Public Safety Commission. Mission Statement: The purpose of the Diamond Bar's Public Safety Commission is to promote the City's Public Safety programs in the community and receive input from the community on matters concerning all aspects of public safety. The Commission, a partnership with City Council appointed Neighborhood Public Safety Representatives and staff professionals, shall work in conjunction with the City Council and Community to disseminate effective public safety information to all residents and businesses in Diamond Bar. Public Safety Agencies Commissioners could include: • Los Angeles County Sheriff's Department (Station Designee, Captain or Lieutenant) • Los Angeles County Fire Department (A/Chief or area Captain) • Inland Valley Humane Society (Animal Control representative) • Diamond Bar Building & Safety (Dennis Tarango, or City Staff Rep) • Diamond Bar Code Enforcement (A/City Manager, or Code Rep) • Diamond Bar Emergency Preparedness (Brenda Hunimiller, or City Staff) • California Highway Patrol (CHP Rep) • California Red Cross (area representative) (We have participation commitment from Sheriff, Fire, Animal Control, CHP and of course the City) The Commission would consolidate the Public Safety, and the Traffic and Transportation Commissions. These Commissioners would assume the position of Neighborhood Public Safety Representatives to the Public Safety Advisory Commission. Commission would meet four times yearly. Commission would meet within the AQMD Council Chambers, 6:30 PM, the meeting televised and highly promoted through all facets including neighborhood watch, newsletters, weekly, newspapers, etc, etc, etc. Allow public comments on public issues under the advisory scope of the Commission such as questions about public safety programs that could be answered by the respective public safety professional. At the first meeting a Chairperson and Vice -Chairperson could be elected among the Commissioners, to hold office for one year. Neighborhood Representatives would be "eyes and ears of the community" on public safety matters and would address the Commission on public safety matters especially within their geographic areas of responsibilities. Neighborhood Representatives would not be notified on any specific public safety activity, investigations, or matters deemed confidential by those agency representatives, however they could be advised on specific issues that would fall under their specific geographic area of responsibilities. They would represent the Advisory Commission at all neighborhood watch meetings within their geographic area of responsibility. They would also participate in all public safety sponsored events within the City and act as liaison to the Public Safety Advisory Commission. The Representatives would not be authorized to set policy or give directions to the City's public safety agencies on matters of public safety. The Commission would work in conjunction with the neighborhood representatives, to promote and disseminate to Diamond Bar residents and business effective public safety measures. Five Diamond Bar City Council Appointees, or current Public Safety and T&T commissioners would serve for the first year: Appointed for one year term Must be Diamond Bar residents The purpose of the Commission would be to increase awareness and the attention to all aspects of public safety in the City of Diamond Bar. This would be achieved by improving communications and involvement among the community to the public safety agencies within the City of Diamond Bar on services, needs and programs. Each agency would be responsible for presenting programs that are available, resources, agency policies, current trends, presentations on specific areas of community concerns: brush clearing efforts, crime prevention matters, EOC preparedness information, etc, etc. The Commission would review and analyze issues, and if appropriate based on public input, provide information and or make recommendations to City Council in the areas of public safety including crime prevention options, fire protection, traffic safety, emergency preparedness, homeland security, code enforcement, building and safety, animal control, etc. The Commission would provide agendas to the community prior to meetings listing specific matters of interest to the community in areas of responsibilities from each public or private agency within the Public Safety Advisory Commission. Each meeting, Commissioners would provide information to the community on current programs, specific matters of interest, and ideas for enhancing their efforts in public safety within the City of Diamond Bar. The recommendations could be discussed and information and comments would be sought from the community, and or residents in attendance. Specific issues brought forth from the community at large, or by the Neighborhood Representatives, would be handled by the specific agency with the responsibility over that area or issue of concern. The information would be analyzed and appropriate measures taken to provide impute on the issue and provide a response to the request, either during the next meeting or through the public agency channels of communication. Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION FEBRUARY 21, 2006 STUDY SESSION: Mayor Pro Tem Zirbes called the Study Session to order at 4:36 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, Mayor Pro Tem Zirbes. C/Tye arrived at 4:38 p.m. and Mayor Herrera arrived at 4:45 p.m. Also Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; John Cotti, Asst. City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Nancy Fong, Interim Community Development Director; Linda Magnuson, Finance Director; Sharon Gomez, Senior Management Analyst; Kimberly Molina, Assistant Engineer; Fred Alamoholda, Consulting Engineer; Kim Crews, Human Resources Manager; Ken Desforges, IS Director, and Tommye Cribbins, Executive Assist. 1) DISCUSSION OF LEMON AVENUE ON/OFF RAMP IMPROVEMENTS John Ballas, City of Industry, reported that this project began 15 years ago with a proposal to construct the on/off ramps at Lemon Ave. and at that time Caltrans responded that the distance between Lemon Ave. and Brea Canyon Rd. was too short and that there was a lead-in conflict with the current ramps. As a result, the project went dormant. With City of Industry's development proposal for the area east of Brea Canyon, Industry's then Mayor suggested bringing truck traffic in and out of Lemon Ave., north on Lemon, east on Currier Rd. to Brea Canyon in order to relieve the truckload at the intersection of Brea Canyon Rd. at Colima Rd. In order to prove the feasibility of a Lemon Ave. on/off ramp Industry sought to mitigate the industrial park by contributing to the hiring of the design team as well as a 20 percent contribution of matching funds for the $15 million dollar project. Industry prepared plans to widen Currier Rd. in conjunction with the Brea Canyon Grade Separation Project. In addition, Congressman Miller appropriated $9.6 million for the project. Chou Chang said that his firm (JE Jacobs) was hired last year by the City of Industry to follow up on the Caltrans project. Three alternatives were initially identified and the number was expanded to five. During the last three months his firm has held discussion with Caltrans, City of Industry and D.B. staff with the consensus that the project would move forward based on three build alternatives. JE Jacobs is prepared to present the scope of the Project to the residents of D.B. As a result of a 1968 agreement between LA County and Caltrans this Project seemed very unlikely. However, without the new interchange, studies show that by the year 2025 both interchanges (Fairway Dr. and Brea Canyon Rd.) would not be able to handle the projected traffic and the proposed Lemon Ave. interchange would be necessary to relieve the congestion on the neighboring interchanges. The SR57/60 interchange is very congested and the FEBRUARY 21, 2006 PAGE 2 CC STUDY SESSION weaving lane is considerably below Caltrans standards and there is an opportunity to improve the standard with this project. He reported on the following alternatives. 1) Partial interchange and no improvements on the SR60; this alternative would confuse the traveler — anticipated cost $9 million — not recommended. 2) Partial interchange, closure of Banning Way, no improvement on SR60 (no additional right-of-way required) — no significant improvement over Alternative 1. 3) Addition of an eastbound on-ramp (remove on/off ramp) — no need to redo the current agreement. 4) Full service interchange, safety improvement on SR60, eliminate bottleneck resulting in high construction cost, more right of way impact and an impact to existing businesses. 5) Suggested by D.B. staff — remove the Brea Canyon Rd. on/off ramp to improve circulation — potential impact to existing businesses; Relocate the on/off ramp to the area between Brea Canyon Rd. and Lemon Ave.; Improve weaving on the SR60, eliminate bottleneck on Golden Springs Dr. Mr. Chang said his firm proposed to move forward with the following alternatives: 1) Mandatory No Build (an option not mentioned above). 2) Alternative 2 3) Alternative 3 4) Alternative 4 In short, all four alternatives will be presented to the residents. At the request of Mr. Ballas, Mr. Chang explained the role of the cities versus the role of Caltrans in selecting an alternative for the final selection. Because this Project is receiving Federal funding, a Federal level environmental document must be prepared. Caltrans is the lead agency as well as the project owner. As part of the process, JE Jacobs will present the alternatives to the public and give them an opportunity for input to the Technical Environmental Study. At the same time Mr. Chang's team will work with Caltrans on the environmental standard issues and produce a draft environmental document that will be circulated through the cities for review and comment. Once comments are reviewed, his firm will evaluate which alternative would present the least impact. Cities can take a position as to their preferred alternatives or remain neutral. Ultimately, Caltrans has a majority stake in choosing the alternative along with the public, City officials and other resource agencies. The entire process is likely to take about two years to complete. Mr. Chang outlined the proposed project development procedure: The Project Study Report approved February 2003; Move forward with a project report on the environmental document and final design on the preferred alternative. If the FEBRUARY 21, 2006 PAGE 3 CC STUDY SESSION preferred alternative is "no project" the process stops. At the end of this process the final design would require Caltrans oversight (review documents, drawings, specifications, process, etc.). Once Caltrans approves the final design a Caltrans Encroachment Permit is produced and cities have the option to do their own construction or have Caltrans do the construction. The project goes out to bid and finally, the project is built. Chris Stevens said that this was a CEQA/NEPA process with Caltrans serving as the lead local agency and NEPA serving as the Federal lead agency. Not every alternative needs to be considered but agencies must look at what CEQA defines as a "reasonable range of alternatives." There are a host of things that will be done in concert with Caltrans, Federal Highways and the two cities to make certain that the public and appropriate agencies are involved through a submission of initiation of studies, letter to elected officials, responsible agencies and interested members of the public. In addition, there will be a scope and public information meeting and JE Jacobs will work closely with the City's Information Officer to make sure that known outlets are used to distribute information to the public (websites, local newspapers, etc), conduct technical studies and prepare an environmental document for approval and distribution. JE Jacobs also recommends that during the public `review process the City of D.B. conduct a formal Public Hearing on the project documents. Mr. Chang proposed the following project milestones: 1) Project kickoff meeting November 2005 2) Public Scoping Workshop March 2006 3) Circulation of Draft Environmental Document January 2007 4) Selection of Preferred Alternative April 2007 5) Project Approval July 2007 6) Begin Final Design July 2007 7) Final Design Approval July 2008 8) Bid and Award Contract December 2008 9) Commence Construction 2009 and complete construction July 2010. Mr. Ballas explained that with respect to Alternative 3 the new HOV connector road currently under construction passes over the top of Brea Canyon Rd. and connects back to the through lanes on the westbound SR60. CM/Lowry asked if Alternative 4 involved more of a taking of the School District property adjacent to Lemon Ave. Mr. Chang and Mr. Ballas said the area in Alternative 3 involved only the existing right-of-way. Mr. Ballas said he would love to do Alternative 4 but if the road goes up to residents' back doors there would be a problem. If more of the back yard areas FEBRUARY 21, 2006 PAGE 4 CC STUDY SESSION were intact Alternative 4 might be feasible and preliminary engineering would provide the details of the severity or benefit of those alternatives. C/Chang asked if there was a cost estimate connected with Alternative 4. Mr. Chang estimated it would add four to five million dollars to the project. Alternative 3 is estimated to be $14 to $15 million at today's cost. CM/Lowry asked if the analysis would address the economic impact to the City. Mr. Stevens responded yes and said that it was difficult to estimate the economic impact but that the report would look at existing traffic volumes, future traffic volumes and the impacts to the traffic volumes using the various alternatives. Mr. Stevens responded to C/Chang that Caltrans owns the Brea Canyon on/off ramp land. If the ramp were closed, Caltrans could build a park and ride, retain it as land for retention basins or maintenance facilities or, sell the property and eliminate it from the State right-of-way. ICDD/Fong reminded Council that this was a subject discussed during the Economic Development Workshop and if Caltrans were to give up its property the City could plan for future use of the available land. Public Comments: None Offered. 2) BUDGET AMEN DMENT/PERSON NEL RESOLUTION CM/Lowry gave a presentation on the proposed Budget amendment regarding personnel/salary indicating that it was staff's belief that the proposed changes would bring salaried positions into alignment with cities that resemble D.B. Staff is requesting further adjustments similar to the previous realignment of the Assistant City Manager position that the salary be adjusted to five percent below the median of the scheduled cities. With other positions in the upper portion of the salary structure involving mostly senior technical positions, Division Heads and Department Heads. In reviewing these positions staff took an average rather than a median of the other cities. Staff's report includes an explanation for each of the positions for which staff seeks an adjustment. Some of the positions have incumbents, and Department Heads are proposed to have the largest and immediate increases of 15 percent. Staff's theory remains that the adjustments take the Department Heads to five percent below the market average. Staff is further recommending funding for the City Clerk position in an amount that would exceed the amount of only one city, the City of Walnut. The two senior technical positions are currently vacant. D.B. is having a problem recruiting for the Senior Engineer and Senior Planner because the positions and salary do not compete well in the marketplace. Staff believes that if the City becomes more competitive it will attract a larger pool of qualified applicants. The upside is that with the adjustment the City would not be paying the fees currently being paid for FEBRUARY 21, 2006 PAGE 5 CC STUDY SESSION consultants to provide the services. CM/Lowry explained that the amendment would abolish two titles for part time positions in the Community Services Division and new titles would be implemented to better define the duties and responsibilities of changes with the opening and operation of the Diamond Bar Center. In addition, the changes in mid-level management would provide internal operational efficiencies that do not currently exist with respect to purchasing and personnel policies. CM/Lowry stated that these adjustments would result in a full fiscal year budget adjustment increase of $169,150 with the current year request for funding at $59,000. She said that the lower positions in the proposed salary structure are decently compensated at the median or mean market salary and remain competitive. However, with the current upper management remaining more stable, those positions have not been marketed and have fallen behind the competing cities. CM/Lowry said she believed that D.B. Department Heads were one of the City's best assets and that the fact that many had been with the City since incorporation brought added value to the City that the Council and residents rely on for day-to-day service to the community. In fact, bringing the salaries to within five percent of the median is an appropriate goal. This is a matter that has been ignored long enough and the amendment would get the City to the point where everyone would feel a sense of adequate and equitable compensation and security so that the City would be able to quickly market for replacements. CM/Lowry also commented that the proposed adjustment for the Human Resources Manager would bring the position to a division head level and authorize that position to appropriately deal with current policies and procedures. The Senior Engineer adjustment was 100 percent market driven. C/Tye asked if staff felt that the Senior Engineer position adjustment would allow the City to hire qualified applicants to the position. PWD/Liu said that he received very few applications for the position and in talking with other cities he believed that the marketplace was very competitive and that cities were paying a much higher salary for the quality of individual D.B. was seeking. C/Tye said he was concerned that such a small difference in the salaries of competing cities would not allow D.B. to attract individuals from neighboring cities. In addition, the private sector jobs probably pay more so how can D.B. compete. ACM/Doyle pointed out that there are other factors in recruiting such as people living in D.B. and working in Calabasas for example and the adjustment would allow D.B. to be more competitive in the marketplace. On the other hand it would not make sense for someone to move from Chino Hills to D.B. FEBRUARY 21, 2006 PAGE 6 CC STUDY SESSION M/Herrera felt that although the City had lost some good people there were many wonderful employees that worked very hard and the City would want to retain those employees by being competitive. Public Comments: Clyde Hennessee wanted to know what cities were compared with D.B. in the analysis. CM/Lowry responded Walnut, Chino Hills, Yorba Linda and La Mirada. Mr. Hennessee said that the comparisons were unfair because the other cities had much greater populations and budgets compared to D.B. People change jobs and positions for reasons other than money and D.B. should not compare itself to surrounding cities. D.B. has to live within its budget and if D.B. cannot afford to buy stamps to send out agendas it cannot afford a 15 percent across the board increase for employees. 3. GRAND AVENUE TREES CSD/Rose stated that the first proposed project was the removal of all trees on Grand Ave. medians between the SR60 and Diamond Bar Blvd. followed by the planting of fifty-one (51) 24" box replacement trees for a lump sum amount of $20,213. Fourteen (14) trees on these medians have died and been removed and staff believes that this is an opportunity to move away from the use of large eucalyptus trees to a more decorative Camphor and Ginkgo tree and that these trees when mature will enhance this City entry. If approved, staff would complete the work in two phases with Phase One replacement of trees from the SR60 to approximately Cahill PI. and Phase Two replacement from Cahill PI. to Diamond Bar Blvd. Staff further recommended a second project that resulted from an Arborist's evaluation for the removal of nine (9) sycamore trees at Sycamore Canyon Park to be replaced with nine (9) 24" box London Plane replacement trees for a lump sum amount of $7,562. C/Zirbes wondered if the street improvement contractor would be good for replacement of some of the trees. CSD/Rose said that there may be some remuneration but staff knew there was a risk of losing trees on public right-of-ways when curbs were being cut. M/Herrera asked if any of the trees were flowering trees CSD/Rose said he believed that both species provided flowering growth M/Herrera asked if it would cause a problem on the median. CSD/Rose said that staff would maintain the area. FEBRUARY 21, 2006 PAGE 7 CC STUDY SESSION C/Tye asked how tall a 24" box tree is. CSD/Rose responded that it was not very tall. In addition, there was a significant price difference between 24" and 36" box ($200 to $500 or $600 per tree). And, if trees are younger when planted they have a better chance at acclimation and faster growth. C/Chang felt that eucalyptus and pine trees were not good for the City streets and recommended that the City plant more Camphor and Ginkgo trees along the City streets. CSD/Rose reported that tonight's agenda item 8.2 contained a request for removal of nine sycamore trees at Sycamore Canyon Park. There are 10 sycamore trees scheduled for removal as part of the ADA retrofit project at the park and he wanted the City Council to be aware that a total of 19 sycamore trees would actually be removed at Sycamore Canyon Park. ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:00 p.m. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this CAROL HERRERA, Mayor day of , 2006. Agenda No. 6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR FEBRUARY 21, 2006 STUDY SESSION: 4:36 p.m., Room CC -8 ► Discussion of Lemon Avenue On/Off Ramp Improvements IN. Budget Amendment/Personnel Resolution ► Grand Avenue Trees M/Herrera adjourned the Study Session at 6:00 p.m. to the Regular City Council Meeting. CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Herrera announced that the City Council began its evening with a Study Session at 4:30 p.m. to discuss the Lemon Avenue On and Off Ramp Improvements; discussed a budget amendment and personnel resolution and discussed various types of replacement trees for the Grand Ave. median between the SR60 and Diamond Bar Blvd. PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: Zirbes and Mayor Herrera. M/Herrera led the Pledge of Allegiance. None Offered. Council Members Chang, Tanaka, Tye, Mayor Pro Tem Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; John Cotti, Asst. 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; Marsha Roa, Public Information Manager; Ann Lungu Associate Planner; Kimberly Molina, Assistant Engineer; Sharon Gomez, Senior Management Analyst, Debbie Gonzales, Senior Administrative Assistant and Tommye Cribbins, Executive Asst. APPROVAL OF AGENDA: As Presented. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Tye acknowledged Tom Mangham's accomplishments on the occasion of his retirement. Because Mr. Mangham was unable to attend tonight's meeting the City Tile would be mailed. FEBRUARY 21, 2006 PAGE 2 CITY COUNCIL BUSINESS OF THE MONTH: 1.2 MlHerrera presented a Certificate Plaque to Harry Yan, Owner, Champs Elysees Bakery as Business of the Month for February 2006. OTHER PRESENTATIONS: 1.3 Video presentation by the L.A. County Library regarding "Homework Help Online" presented by Mary Yogi, Young Adult Librarian. Kathleen Newe encouraged students to take advantage of the free on-line service. She invited residents to attend the "Friends of the Library' 13t" Annual Wine Soiree at the Diamond Bar Center on March 26. Tickets are on sale for $45 at the library, Basically Books, Diamond Mail and Shipping, PFF Bank and Vineyard Bank or individuals may call 861-2002 for tickets. All proceeds benefit the Diamond Bar Library. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation regarding the Trailhead at Sycamore Canyon Park. CSD/Rose reported that later this evening the City Council would consider the Notice of Completion for this project. The ribbon -cutting ceremony is slated for Saturday, February 25 at 10:00 a.m. Parking is available on the west side of Diamond Bar Boulevard and the City will provide shuttles from inside the park and from Clear Creek Canyon. Additionally, shuttles will be available to transport trail hikers from the park back up to the trailhead for those who wish to hike the trail. He presented a slide presentation of the recently completed 100 percent grant funded trailhead. 3. PUBLIC COMMENTS: Rainbow Yeung, Public Affairs Department, SCAQMD, was recently assigned as liaison to an additional geographical area that includes D.B. and said she would soon schedule time with staff to provide updates on the District's initiative and services. She said she hoped to have an opportunity to work with each Council Member in the near future. She thanked MlHerrera, C/Tye and CM/Lowry for agendizing Consent Calendar Item 6.12 requesting adoption of a resolution opposing AB2015 seeking expansion of the AQMD Board. Lydia Plunk reported that the March edition of The Windmill had gone to print and should be in homes on March 4. The publication is dedicated to individuals who have refused to be knocked down. Individuals wishing to be included in the April edition should contact her at the.windmill@horizon.net. She thanked the community for their support. Clyde Hennessee reiterated his call for people to reject any calls regarding the library, to just say "No" and not tax themselves. FEBRUARY 21, 2006 PAGE 3 CITY COUNCIL 4. RESPONSE TO PUBLIC COMMENTS: None Offered. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — February 23, 2006 -- 7:00 p.m., Hearing Board Room, AQMDIGovernment Center, 21865 Copley Dr. 5.2 Ribbon Cutting at Sycamore Canyon Park Trail Head — February 25, 2006 — 10:00 a.m., Diamond Bar Blvd. 5.3 Planning Commission Meeting — February 28, 2006 — 7:00 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 5.4 City Council Meeting — March 7, 2006 — 6:30 p.m., Auditorium, AQMDIGovernment Center, 21865 Copley Dr. 5.5 Traffic and Transportation Commission — March 9, 2006 — 7:00 p.m., Hearing Board Room, AQMDIGovernment Center, 21865 Copley Dr. 6. CONSENT CALENDAR: MPTIZirbes moved, C/Tanaka seconded to approve the Consent Calendar as presented with the exception of Items 6.1.2 and 6.9. 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 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of February 7, 2006 —as submitted. 6.2 RATIFIED CHECK REGISTER—containing checks dated February 3, 2006 to February 16, 2006 totaling $1,309,254.62. 6.3 ACCEPTED WORK PERFORMED BY C.S. LEGACY FOR CONSTRUCTION OF IMPROVEMENTS AT SYCAMORE CANYON PARK TRAILHEAD; DIRECTED CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE; INCREASE THE CONTRACT BY $3,734.96 FOR A TOTAL CONTRACT AMOUNT OF $462,363.51. 6.4 APPROVED $28,601 INCREASE IN THE CONTRACT WITH ADVANTEC CONSULTING ENGINEERS FOR A TOTAL CONTRACT AMOUNT OF $53,101.00. FEBRUARY 21, 2006 PAGE 4 CITY COUNCIL 6.5 APPROVED SECOND READING BY TITLE ONLY, WAIVED FULL READING ANDADOPTED ORDINANCE NO. 02(2006) APPROVING ZONE CHANGE NO. 2005-01 CHANGING THE EXISTING ZONING OF COMMERCIAL AND INDUSTRIAL PROPERTIES CITY WIDE IN ORDER TO COMPLY WITH THE GENERAL PLAN LAND USE DESIGNATION AND AMENDING THE ZONING MAP OF THE CITY. 6.6 ADOPTED RESOLUTION NO. 2006-09: APPROVING THE CITY'S RECORDS RETENTION SCHEDULES AND AUTHORIZING DESTRUCTION OF CERTAIN CITY RECORDS. 6.7 APPROVED CONTRACT AMENDMENT NO. 8 TO ADD MAINTENANCE OF SYCAMORE CANYON PARK TRAILHEAD AND SUMMITRIDGE MINI - PARK TO CITYWIDE LANDSCAPE MAINTENANCE CONTRACT WITH TRUGREEN LANDCARE FOR EIGHTEEN MONTHS; JANUARY 1, 2006 THROUGH JUNE 30, 2007 IN THE ADDITIONAL AMOUNT OF $11,850, FOR A TOTAL AUTHORIZATION OF $508,863; PLUS AUTHORIZATION FOR AS -NEEDED WORK AS APPROVED BY THE CITY MANAGER OR DESIGNEE IN THE AMOUNT NOT -TO -EXCEED $80,000 FOR FISCAL YEAR 2005106 AND $80,000 FOR FISCAL YEAR 2006107. APPROVED. 6.8 APPROVED CONTRACT AMENDMENT IN THE AMOUNT OF $30,000 WITH A.C.T. GIS, INC. FOR ADVANCED GEOGRAPHIC INFORMATION SYSTEMS (GIS) SERVICES AND SUPPORT FOR A TOTAL AUTHORIZATION OF $55,000. 6.10 ADOPTED RESOLUTION NO. 2006-10: APPROVING FINAL TRACT MAP NO. 62482, FOR THE SUBDIVISION OF 14.3 ACRE SITE INTO 180 CONDOMINIUMS (BROOKFIELD HOMES) LOCATED ON THE WEST SIDE OF GRAND AVENUE SOUTH OF GOLDEN SPRINGS DRIVE. 6.11 ADOPTED RESOLUTION NO, 2006-11: AMENDING THE CITY'S COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM FOR FISCAL YEAR 2005106 TO INCREASE FUNDING TO $26,375 FOR THE DIAMOND BAR YMCA CHILDCARE PROGRAM BY REALLOCATING $8,000 FROM THE DIAMOND BAR YMCA DAY CAMP PROGRAM. 6.12 ADOPTED RESOLUTION NO. 2006-12: OPPOSING ASSEMBLY BILL 2015 TO EXPAND THE SIZE OF THE SCAQMD GOVERNING BOARD. 6.13 APPROPRIATED $162,959 FOR THE INSTALLATION AND INSPECTION OF ELECTRICAL SUBSTRUCTURE FACILITIES WITHIN SOUTHERN CALIFORNIA EDISON EASEMENT ACROSS TARGET PROPERTY LOCATED ON THE SOUTHEAST CORNER OF GRAND AVENUE AND GOLDEN SPRINGS DRIVE. FEBRUARY 21, 2006 PAGE 5 CITY COUNCIL ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.1.2 MINUTES OF THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 7, 2006. C/Tye asked that Item 8.4 reflect a unanimous vote supporting the amendment. MPT/Zirbes moved, C/Chang seconded to approve Consent Calendar Item 6.1.2 as amended. 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 6.9 APPROVAL OF CONTRACT AMENDMENT NO. 1 WITH DH MAINTENANCE FOR SERVICES FOR JANITORIAL AND BUILDING MAINTENANCE SERVICES TO INCREASE AUTHORIZATION FOR AS - NEEDED WORK, AS APPROVED BY THE CITY MANAGER OR HER DESIGNEE BY $50,000, FOR A TOTAL AUTHORIZATION OF $225,194 FOR THE PERIOD OF JULY 1, 2005 TO JUNE 30, 2006. C/Tye asked CM/Lowry to explain the need for a contract amendment that was in excess of 20 percent. CSD/Rose explained that the contract was a service contract based on the amount of use and the amount of time spent maintaining Diamond Bar Center. The actual standard contract for ongoing maintenance is $25,494 and that has not changed. What has changed is that D.B. has DH Maintenance providing four staff members who support the City's recreation staff that run the facility. The estimated hours based on the way the facility was being used at the beginning of last summer have significantly increased. The basis for renting space is determined by how quickly staff can take down one facility, clean the premises and be ready for the next event. Staff has set a standard from a 400 (person) setup to another 400 to 500 (person) setup in about two hours. DH Maintenance provides staffing assistance for this work and in some cases DH Maintenance provides as many as six employees at one time on a Sunday to change the facility from a church use to a reserved wedding reception later in the afternoon. One person is provided for in the initial contract and additional assistants are paid in addition to the initial contract. Initially staff estimated annual revenues of $315,000 and based on use, the estimate has increased to $440,000. Any increase in the contract requires City Council approval. The request for an additional $50,000 is to make certain that revenues are available to cover the balance of the current fiscal year even though the entire amount may not be spent. And, whatever amount is spent will be covered by additional revenue for use of the facility. FEBRUARY 21, 2006 PAGE 6 CITY COUNCIL C/Tye moved, C/Chang seconded to approve Consent Calendar Item 6.9. 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 7. PUBLIC HEARINGS: 7.1 (a) FIRST READING BY TITLE ONLY, WAIVE FULL READING OF ORDINANCE NO. 03 (2006) APPROVING ZONE CHANGE NO. 2005-03 CHANGING THE EXISTING ZONING FOR GENERAL PLAN COMPLIANCE FROM 4-1-20,000 TO RURAL RESIDENTIAL (RR) FOR PROPERTY LOCATED DIRECTION SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE IDENTIFIED BY APN NO.S 8713-023-002, 8713-023-004, 8713-023-005, 8713-024-001 AND 8713-024-002 (MILLENNIUM/CHEUNG PROJECT). (b) ADOPT RESOLUTION NO. 2006-13: CERTIFYING THE ENVIRONMENTAL IMPACT REPORT (EIR) (SCH NO. 2003051102) AND APPROVING MITIGATION MONITORING PROGRAM FOR TTM NO. 53430 AS SET FORTH THEREIN FOR A 48 LOT RESIDENTIAL SUBDIVISION LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE. (c) ADOPT RESOLUTION NO. 2006-14: APPROVING TENTATIVE TRACT MAP NO. 53430, A 48 LOT RESIDENTIAL SUBDIVISION LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE, AND DENYING THE APPEAL FILED BY DR. HUFU WU, ET. APN NO'S 8713 -023 -002,8713-023,8713- 023-005, 713-023-002,8713-023,8713- 023-005, 8713-024-001 AND 8713-024-002. (d) ADOPT RESOLUTION NO. 2006-15: APPROVING HILLSIDE MANAGEMENT CONDITIONAL USE PERMIT NO. 2002-01, VARIANCE NO. 2005-03 AND TREE PERMIT NO. 2005-10 FOR TENTATIVE TRACT MAP NO. 53430. ICDD/Fong reported that the proposed project within "The Country Estates" is an approximate 80 -acre site. The project requires rezoning to be consistent with the City's General Plan that allows for one unit per acre. The applicant has proposed 48 lots, well within the density requirement. The project is accessible from Alamo Heights and the extension of Alamo Heights requires retaining walls to deal with the significant difference between the street grade and contour of the lots that back up to the street. Initially, the applicant proposed to build a retaining wall to a maximum height of 26 ft. within the existing 50 -ft. easement for slope purposes and existing 40 -ft. easement for street improvements. At the conclusion of its review of the FEBRUARY 21, 2006 PAGE 7 CITY COUNCIL Project, staff recommended that the applicant work with the residents to acquire an additional easement area for off-site grading to eliminate the necessity for a retaining wall. The applicant has attempted to explain how an easement would benefit all parties. However, the adjacent property owners are opposed to granting the additional grading easement. The Planning Commission also asked the applicant to work more closely with the adjacent property owners and to look into the feasibility of lowering Alamo Heights as suggested by resident Dr. Wu. As a result, the applicant submitted revised plans to build two retaining walls with a maximum height of 15 ft. within the 90 -ft. easement. In addition, the applicant studied a third alternative to lower Alamo Heights. The study revealed that in order to build Alamo Heights the applicant would have to construct three retaining walls. Ultimately, the Planning Commission determined that the project should include fewerwalls and recommended two retaining walls within the 90 -foot easement. ICDD/Fong continued that the project required an Environmental Impact Report (EIR) because the project would have some impact to the physical environment. The EIR process was completed and notices were mailed to adjacent residences in August 2004. In addition, the Draft EIR was circulated to the proper State and Federal agencies for review and comment. The City's geotechnical consultants have reviewed the grading concept and determined it to be feasible. Tom Smith, Bon Terra Consulting, stated that the EIR included eight separate topic areas that were evaluated in detail. The most significant topic was biological resources. There are seven multi -faceted mitigation measures proposed to address the loss of oak and walnut trees as well as habitat values and biological resources on the site. The significant ecological area of Tonner Canyon is the major canyon drainage feature that trends somewhat northeast and southeast and lies adjacent to the project site and "The Country Estates." While the proposed Project would fill a local drainage the drainage area is not a major movement area. In addition to the mitigation measures the City proposes to place on the Project, permits will be required from the Army Corps of Engineers, California Department of Fish and Game and the Regional Water Quality Control Board, permits that the applicant is required to obtain prior to the City's issuance of a grading permit. In short, Bon Terra believes there is adequate protection for the City to make sure that the environmental resources that would be impacted by the project would be mitigated in compliance with all City, State and Federal requirements. In response to MPT/Zirbes, Mr. Smith indicated that the stream on the proposed development site is a blue line stream. City staff has ensured sufficient mitigation to move the water through the project back into Tonner Canyon through a storm drain pipeline beneath the fill. According to the geotechnical borings the water is not native to the site and is believed to be coming from upstream development in the form of excess irrigation runoff and runoff from upstream areas. FEBRUARY 21, 2006 PAGE 8 CITY COUNCIL CDD/Fong reported that adjacent residents have filed an appeal of the project. In addition, staff this evening handed the Council additional conditions of approval as recommended by the City's Attomey. The applicant was notified of the additional conditions. Staff and the Planning Commission recommend project approval. ICDDIFong explained to MPTIZirbes that the retaining wall is within the neighboring lots. However, there is an existing dedicated and recorded easement controlled by the LA County Flood Control District and the applicant would have to obtain authorization to build the retaining walls within that easement. She further indicated to MPTIZirbes that she was certain the applicant had approached LA County forthe authorization in order to prepare the plans for the retaining walls and the affected residents would have full knowledge of the recorded easement. M/Herrera opened the Public Hearing. John Bostik, Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Los Angeles, CA 90010 gave a slide presentation to orient the City Council to the project. The presentation included a picture of the Tentative Tract Map, the alternative of the Tract Map assuming that the applicant would reach an agreement with the adjacent landowners and achieve a slope instead of using retaining walls; an aerial view of the proposed project area (indicating the area of ridgeline used for cut to fill the lots), 3-D drawings of what the project would look like from the lots on Kicking Horse toward Alamo Heights Rd. with the depiction including the retaining walls and absent the retaining walls with acquisition of an easement from the adjacent property owners; a view from the end of Rocky Trail Rd. showing the lot pads that would accommodate future homes; a view from Horizon Ln. directly across the site; and a view from the highest point on Lot 47 looking at the highest point of the requested retaining wall. Mr. Bostik explained that his firm worked with local contractors to come up with solutions for well-designed and architecturally pleasing retaining walls and showed samples of the finished product. Mr. Bostik offered to return to the podium to respond to public comment concerns. MPTIZirbes verified with Mr: Bostik that the use of Shotcrete was the result of a Planning Commission condition. MPTIZirbes said it was his understanding that the applicant had settled on the two 15 -ft. retaining wall options. MPTIZirbes asked if the applicant planned further discussions with the residents to obtain an easement to eliminate the retaining walls. Mr. Bostick said he planned to continue discussing the matter after the hearing because he felt the easement would afford the applicant the best way to build the project. Mr. Bostick indicated to MPTIZirbes that "The Country Estates" attorney wrote a letter to the City verifying that the project had access rights into the property along Alamo Heights, Rocky Trail and FEBRUARY 21, 2006 PAGE 9 CITY COUNCIL Horizon Ln. The project cannot be annexed until the details of the approved project are available to the HOA for approval. An annexation approval would follow the City Council's approval of the project. MPT/Zirbes asked if it was the applicant's intention to do all of the grading at one time or in phases. Bostick responded that it would all be done at one time and the cut and fill would be balanced on-site. CITye asked for clarification of what road would be used to access the development. Mr. Bostick reiterated that the three points of access were Horizon Lane, Alamo Heights and Rocky Trail Rd. There has been no discussion with "The Country Estates" Homeowners Association about a specific route. If there were no agreement the project would be accessed via Alamo Heights and Horizon Ln. Gary McGavin, 447 LaVerne St., Redlands said he is a Professor of Architecture and Structures at Cal Poly Pomona and former Seismic Safety Commissioner for the State of California. He commented that grading along Street A takes water to the south with termination adjacent to lot 44. There is only a single outfall at that point that puts Lots 41, 42, 43 and 44 at risk for flooding should the drainage ever clog up. The below -grade drainage may be excessive for outfall velocities at Lot A and could cause excessive erosion and/or sedimentation within the undeveloped area. The proposed development is dumping water collected inside the proposed development and allowing it to drain outside of the development and could cause sedimentation and/or erosion in the area. The proposed 15 -ft. high retaining wall along Alamo Heights would place existing homeowners at risk and they cannot sign away their liability. The excessive grading in the area does not appear to have taken into account any of the natural dip slopes that are within the grades beneath the grading. There is no indication on the tract map for any de -watering below the fills. All of the de -watering is done at the surface. He said he could guarantee that all ground systems have ground water and ground water tables fluctuate over time. The proposed development is altering and burying a stream wetland and while it is not completely natural it is somewhat natural and is, in fact a wetland. Hofu Wu, a Fellow of the American Institute of Architects, 22368 Kicking Horse Dr. contiguous to the Development, showed slides of the project area. He said that the proposed project would cut the hill 50 ft.instead of running the street on Rocky Trail and the fill will be used to fill the canyon, a very devastating situation for the entire development. He pointed out the mature trees that would be removed and replaced by less mature trees and the animals he felt would be displaced. The major fill would obscure the natural terrain and redirect the water under the ground. What the applicant did not FEBRUARY 21, 2006 PAGE 10 CITY COUNCIL show was the hill on the other side. The applicant said that the project site would be flat. The so-called slope easement so that when there is a hill the road would have 50 ft. on either side to accommodate the road but the applicant does not want to sacrifice any of their slopes and instead want to build retaining walls. The old maps show most developments along the ridgelines and most residences were built on hillsides instead of cutting hills and flattening the areas for building. He said he was surprised to see a new developer using techniques that were used in the 60's and 70's that caused a lot of environmental damage. Paul Aikin, 22505 Lazy Meadow Drive within walking distance of the project, said he was not opposed to the project but pointed out that he has lived in the area for 30 -years and although not as abundant, there is still wildlife in the area. Last week he saw a bobcat in his backyard with a rabbit in its mouth. He and his neighbors have heard Coyotes in the area and there is ground water throughout "The Country Estates." He wanted the applicant to explain why there would not be an access on Rocky Trail to mitigate traffic. If the applicant were allowed to cut off the top of the ridge it would be a first for the area. All of the other homes are built on the ridge to provide views. He said that annexation was his biggest concern because of the problems with Crystal Ridge and hoped there would be an honest effort between "The Country Estates" and the applicant toward annexation. He encouraged the City Council to withhold approval until both sides reach common ground. Evelyn Leong, 22372 Kicking Horse Dr. said that based on the proposed project the negative environmental impact would be enormous. Almost 1000 trees would be gone and the stream that animals and plants depend on would also be gone. About 2 million cubic feet of landfill would be dumped into the canyons and valleys to make an artificial plain. She asked the Council if they believed this type of construction would be able to withstand natural disasters such as earthquakes. She begged the Council to give this project sufficient consideration to make sure it moved forward responsibly. Kimberly Yi, 22376 Kicking Horse Dr. felt that retaining walls in excess of the City's six-foot code were unacceptable. After the Planning Commission continued this project on December 13, 2005 the Developer made a slight change in the wall height and the final recommendation of the Planning Commission reverted back to the original unacceptable and dangerous wall height. Tim Zhu, 22360 Kicking Horse Dr. felt that both sides of the road should be used to accommodate the street, not just the side where he and his neighbors live. Mr. Bostik responded to Mr. Gavin's comments. The storm drain system was designed by a civil engineer and reviewed by the City's civil engineers. FEBRUARY 21, 2006 PAGE 11 CITY COUNCIL Charlie Liu, Focus Engineering, said that this project was not a special or unusual case. The final design of the storm drain system includes a large catch basin and storm drain in the flat cul-de-sac area to make sure that the water above the intersection flows easterly. This plan was reviewed and approved by the City's Engineer. The picture of the pipe blocking the water that was shown by Dr. Wu does not depict what will happen in this case. In fact, the water flowing out of the property will meet the current condition and when the water is released from the property line to the adjacent property (City of Industry and/or County of Los Angeles) the velocity will remain equal or less than the current condition. He explained how the system would work to meet those conditions. He said he did not believe there would be any erosion in accordance with the agreement between the applicant, the LA Flood Control District and the City of Industry. Mr. Liu said that although the retaining wall exceeds the City's six-foot standard 15 -foot retaining walls are not unusual to the City of D.B and he believed the 15 -foot wall would be approved in accordance with proper engineer design. Mr. Bostik said in response to Mr. Gavin's comments about excessive grading and fill, that the applicant was not in the business of moving dirt and that the project was progressing based on the City's standards for flat pad areas and lot sizes. Soils reports are official documents reviewed by the City's Engineer and that in addition, this project is 40% below the density called out in the City's General Plan. Mr. Liu stated that most homes in "The Country Estates" are built on hills so that water naturally flows down the hill. If the homeowner were watering the back yard the chemicals would flow into the drainage system. This project controls the water quality before it is released into the natural system. In his opinion, this project would provide a much better water quality standard than other projects in "The Country Estates." Mr. Bostik responded to Mr. Gavin that the project does in fact include subsurface drains behind all of the retaining walls and in the area of Lot A. The proposed project requires permits from the entities that control wetlands and he needs approval of the basic plan before he requests the permits from the proper agencies. With respect to Dr. Wu's comment about cutting the ridgeline to fill the canyon, the ridge needs to be cut to provide fill for the canyon in order to create lots that meet the City's Ordinances and Building Standards. In this case, the project does not contemplate moving excessive dirt because the project is 40 percent below density outlined in the City's General Plan. He said that it would not serve a useful purpose nor would it make sense to lower the other side of the road in order to raise the road. The slope along Horizon Ln. flows naturally down to the grade where the road is contemplated. Mr. Bostik said that he has been unsuccessful in several attempts to get Dr. Wu to understand this premise. Again, it would not make sense to build the road up high with slopes on both sides. The old map that Dr. Wu showed indicates a density that the project could not meet. It is not a recorded map and promotes a project that would not be feasible. Mr. Bostik FEBRUARY 21, 2006 PAGE 12 CITY COUNCIL responded to a speaker that the watershed size is controlled by the requirements of the City and County to control the water as it flows off-site. Mr. Liu responded to Mr. Aikin's comment about accessing Rocky Trail Rd. that the control point and elevation is Alamo Heights according to the City's approved Tract Map. There are two possible solutions to make the canyon usable. One is to import the dirt and create better water quality control and make a smoother access road. However, an emergency use access road is required so the project has created the emergency access from Rocky Trail to the site, a road that was approved by the Los Angeles County Fire Department. Mr. Bostik said that Mr. Aikin commented he would prefer annexation to take place with one person and not 48 homeowners and he completely agreed with that statement. Also, it is the reason that the applicant agreed to the condition to make a good faith effort negotiation to annex prior to recordation of the final map. Mr. Bostik responded to Mrs. Leong he believed that Tom Smith answered her comments about the trees and wildlife. Kimberly Yi's comment about a variance request for a 26 -foot high retaining wall is incorrect. The variance request is for 15 -foot walls. Mr. Zhu wanted the applicant to share the easement and slopes on both sides of Alamo Heights and again, it would not make sense to build the road up high and slope both sides of the road. If the road could be lowered it would be done. However, the Planning Commission and staff did not like the outcome of that analysis. Mr. Bostik said that as a developer he takes all public input very seriously and took extra time at the Planning Commission level to develop a study based on Dr. Wu's comments. While he continues to respect the public's input he found that there were no new comments beyond those presented at the Planning Commission level and all of the aforementioned comments were addressed during the Planning Commission's Public Hearing. He asked for Council approval of the project based on staffs reports and recommendations. In response to C/Tye's request that he comment on the problems with putting Alamo Heights at a lower elevation Mr. Bostik referred Council to staff's report and the comments regarding the alternative study of street grade and location of three walls. If Alamo Heights Rd. was lowered beginning at the control point — the approved entrance for Jerry Yeh's property would begin a gradual down slope of Alamo Heights Rd. It would conflict with the approved lots and create a 10 -foot high retaining wall between the lot and the street (Attachment 11-1). This process would create a dip in Alamo Heights Rd. and necessitate three retaining walls instead of two retaining walls. The major issue with a third retaining wall is that it would fall eight ft. from Alamo Heights Rd. allowing insufficient room to add landscaping and mitigation for a 10 -foot high retaining wall. Staff and the Planning FEBRUARY 21, 2006 PAGE 13 CITY COUNCIL Commission decided that it would be better to eliminate the dip from Alamo Heights Rd. and place the wall on the other side of the street. MPT/Zirbes asked how the applicant would ensure the integrity of a 50 -foot deep fill. Mr. Bostik said that fill is done under controlled conditions in one to two feet segments and the City's Engineer tests each lift for structural integrity before the next lift can be constructed. Additionally, before a home can be constructed on the fill, settlement survey monuments are established on the properties to check future settlement and until the test is satisfactorily completed homes cannot be constructed on the site. In fact, if the tests were negative the lifts would have to be redone and retested. MPT/Zirbes asked if the applicant would build the homes once the grading was completed and pads were in place. Mr. Bostik responded that his pro -forma is to sell lots to individuals and the individuals would hire a custom homebuilder to build their homes. M/Herrera closed the Public Hearing at 8:20 p.m. C/Chang pointed out that other projects within "The Country Estates" involved more cut and fill than this project. In addition, certified engineers closely monitor the cut and fill process to ensure integrity. He said he would like to avoid the two 15 -foot retaining walls and said he preferred to have Mr. Bostik continue negotiating toward an agreement with the adjacent homeowners in order to eliminate the retaining walls but agreed that the developer had the right to build the walls. He also encouraged the applicant to continue negotiating for annexation. M/Herrera said she had been aware of this project for many years and had knowledge that the applicant had worked with staff and the Planning Commission for several years to bring this project to fruition. There were issues the property owner needed to overcome and with today's recommendation for approval she ventured that the property owner successfully overcame the hurdles and if the City Council approves the project tonight the applicant still has many more hurdles to jump. She was pleased it had come to this point and that staff and the Planning Commission were recommending approval. C/Tanaka said he too had followed the project for several years and was happy that the Developer was sensitive to the residents' needs and concerns and had made a good faith effort toward resolving several issues. He felt it would be an excellent project for the City. C/Tye stated that he had also been involved with this project for several years during the time that he, MPT/Zirbes and C/Tanaka were on the Planning Commission and that Mr. DeStefano outlined three criteria for considering projects: Was it right for the location, was it a good project and FEBRUARY 21, 2006 PAGE 14 IM 1019111Rol L! was it good for the City. After listening to speakers he had written down several questions that Mr. Bostik answered before he asked them. It seemed to him that the applicant had made every effort to make sure that everyone was heard and everyone's comments were considered. He felt that citizens were most interested in an excellent project and that this project met that test. He concurred that this project should move to the next level. MPT/Zirbes moved, C/Tanaka seconded to approve First Reading by Title Only, waive full reading of Ordinance No. 03 (2006) approving Zone Change No. 2005-03 changing the existing zoning for General Plan compliance from 4-1-20,000 to Rural Residential (RR) for property located direction south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane identified by APN No's 8713-023-002, 8713-023-004, 8713-023-005, 8713- 024-001 and 8713-024-002 (Millennium/Cheung project). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera None None M/Chang moved, CITye seconded to adopt Resolution No. 2006-13 Certifying the Environmental Impact Report (SCH No. 2003051102) and approving Mitigation Monitoring Program for Tentative Tract Map No. 53430 as set forth therein for a 48 lot residential subdivision located directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chang, Tanaka, Tye, MPTIZirbes, MlHerrera None None CITye moved, MPTIZirbes moved, to adopt Resolution No. 2006-14 approving TTM No. 53430 a 48 lot residential subdivision located directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane, and denying the Appeal filed by Dr. Hufu Wu, et. APN No's 8713-023- 002, 8713-023, 8713-023-005, 8713-024-001 and 8713-024-002 subject to the following amendments: The Council would prefer the applicant to continue to make every effort to work with the neighbors to reach an agreement to eliminate the retaining walls. In lieu of an agreement the City Council approves construction of the two 15 -foot high retaining walls as recommended and, directs the applicant to work closely with "The Country Estates" Homeowners Association to reach agreement for annexation prior to commencement of grading. Motion carried by the following Roll Call vote: FEBRUARY 21, 2006 PAGE 15 CITY COUNCIL AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera None None MPTIZirbes moved, C/Chang seconded to adopt Resolution No. 2006-15: approving Hillside Management Conditional Use Permit No. 2002-01, Variance No. 2005-03 and Tree Permit No. 2005-10 for Tentative Tract Map No. 53430 subject to the following amendments: The Council would prefer the applicant to make every effort to work with the neighbors to reach an agreement to eliminate the retaining walls. In lieu of an agreement the City Council approves construction of the two 15 -foot high retaining walls as recommended and, directs the applicant to work closely with "The Country Estates" Homeowners Association to reach agreement for annexation prior to commencement of grading, 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. COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO. 2006-16: ESTABLISHING SALARY RANGES FOR ALL CLASSES OF EMPLOYMENT EFFETIVE FEBRUARY 21, 2006 RESCINDING RESOLUTION NO. 2005-58 IN ITS ENTIRETY IN ORDER TO IMPLEMENT SALARY ADJUSTMENTS FOR VARIOUS FULL TIME POSITIONS; TITLE CHANGES FOR VARIOUS PART TIME POSITIONS; AND, APPROPRIATION OF $57,250 FROM GENERAL FUND RESERVES TO FUND PAY ADJUSTMENTS. CM/Lowry reported that each year Council includes as part of the budget adoption process, approval of a compensation structure for all City employees including part time, regular and exempt employees. As changes are required staff requests adjustments within the salary structure. Tonight's request to adjust the City's salary structure was formulated because in the fall when she requested an adjustment to the Assistant City Manager's position the City had lost one of its Assistant City Managers who took a position with a neighboring City and she was afraid the second Assistant City Manager would accept a position with another City. The City Council responded by approving the request. At the same time she requested similar increases for Department Heads and was told it was not an appropriate time. She included requests for salary adjustments in tonight's request as a result of the job market and the City's unsuccessful attempts to fill current vacancies. This evening Council received testimony from the applicant's very experienced engineers and consultants. D.B. needs experienced engineers as well and D.B. needs to compete with the private sector and with other cities in order to woo them to work for D.B. With staffs workload and the FEBRUARY 21, 2006 PAGE 16 CITY COUNCIL magnitude of projects that the Council embraces it is essential for D.B. to attract the best staff possible. Because of Senior Planner and Senior Engineer vacancies the City is paying consultant wages to have responses to project demands and to continue with the very demanding public works schedule and public transportation issues. In order to adjust current salaries to barely remain at a competitive market level staff is seeking an increase that would raise the Senior Engineer position to just five percent below the level of the current Public Works Director level. The current City Engineer has been with the City for well over a decade and if you approve the adjustment allowing him to have a fair chance of recruiting a qualified engineer he would very likely have an employee under his management working for five percent less the salary that he currently earns. She believed that it was time for the City to address the salaries of the Department Heads that are currently about 20 percent below the market that includes the contract cities of Walnut, Chino Hills, La Mirada and Yorba Linda that have similar or smaller populations and similar budgets. CM/Lowry said she was not asking the Council to raise the salaries to the level of the adjacent cities, merely to please grant a 15 percent increase to the department heads which would still leave the salaries at five percent below market competition level. CM/Lowry stated that D.B. enjoys very dedicated and long-term Department Heads and she is concerned that they will decide they can no longer justify making 20 percent less than they could make with another City. She believed that it was her job as City Manager to encourage the strongest organization possible that would guarantee a continued level of service that the community has come to enjoy. Waiting for the system to become more broken is not necessarily the best answer and this resolution seeks promotions for staff that have been working through the years and that have taken on additional responsibilities. As the Council knows the Public Works Department has been short a number of staff people and has had considerable turnover. Despite these changes the remaining staff members have willingly taken on additional duties without remuneration. CM/Lowry said that with all of the added responsibilities and increased level of service to the community through the Information Services division, etc. the City must create an additional layer of management as reflected in the recommendation under a separate schedule of manager positions. CM/Lowry explained that the changes would allow the City to have an appropriate position in the marketplace and still leave the City at the bottom rung of the competing salary levels. This change would allow D.B. to have relationships inside of the compensation structure that would provide integrity between positions within the City; it allows staff to create promotions where appropriate and gives opportunities to current and future employees. The recommendation seeks $57,000 in the current year and $169,000 in annual adjustments for the 20 positions. She recommended that if the Department Head increase was unacceptable to the Council that it at least approve the salary tables as recommended with the Department Heads at the F Step FEBRUARY 21, 2006 PAGE 17 CITY COUNCIL rather than the G Step for a 10 percent increase and Department Heads to move to Step G at the beginning of the new fiscal year for an additional five percent increase. In this scenario the current fiscal year request would be for $42,390, a reduction of $14,860 over the initial request. MPTIZirbes felt that CM/Lowry had assembled a terrific team and those who preceded CM/Lowry were essential to the team. He had no major issue with the request but felt that it could wait until the new fiscal year on July 1. CM/Lowry responded that her reason for bringing this matter to the Council at this time was because of the need to recruit the two positions. And when these types of salary adjustment requests are bundled in a budget process they tend to not get the kind of consideration that they deserve and that she feels is so important. This item presented at this time allows for the request to have its own discreet discussion and deliberation and it also allows for dialogue that sets a tone for future negotiation. MPTIZirbes reiterated his feeling that the increases should be effective July 1, 2006. CM/Lowry agreed that it would be a good faith response to approve the recommendations now to be effective July 1, 2006. MPTIZirbes agreed that D.B. should be competitive with respect to recruiting for the new positions and approve the balance of the increases for July 1, 2006. M/Herrera said she viewed this request in a different light and felt that timing was everything. D.B. has experienced, well-qualified and knowledgeable employees and the City is dealing with a number of very complicated projects. Today the Council was discussing an additional on/off ramp at Lemon Ave. When Council Members are not knowledgeable on a host of topics they looks to staff to supply their recommendations and she would not want the good employees to leave D.B. for a higher salary nor would she want it to be known that all D.B. could afford was entry-level staff. D.B. accomplishes a tremendous amount within the region considering that the City has a population of 58,000 with about 44 full time staff members. Council Members are busy promoting the City and look to staff to provide support and prepare Council Members to participate in the organizations that allow D.B. to compete with larger cities for dollars, rights -of -ways, roadways, etc. She felt the best way to thank people for the work they perform is through their salary. We give staff a lot of public accolades which is nice, but the bottom line is that staff has to make a decent living in order to support themselves and their families. C/Tanaka agreed that timing is everything and he believed this evening was the time to adopt the resolution as presented. He believed that D.B. had an outstanding staff that worked very hard on behalf of the residents and in order for the City to be competitive and move with greater economic development it must depend on a professional staff. FEBRUARY 21, 2006 PAGE 18 CITY COUNCIL CITye said that for years he has bragged about D.B. staff and now he has the privilege of serving on the City Council and brag that D.B. is a lean -mean operating machine. When he can rely on ICDD/Fong to be at City Hall until 6:30 on a Friday evening in order to get a packet to him for the next Council meeting and when Bob Rose has been with the City for 15 plus years and David Liu has been with the City for how many years it is time to acknowledge their service. And, he does not hear anybody saying that the City Council had better do this tonight or staff members will leave. As a City D.B. scrambled to do what it could to keep Jim DeStefano. C/Tye believed that D.B. was able to get more done with fewer people than all of the adjacent cities mentioned in the discussion. This is not a matter of merit increases or raises - this is a matter of adjusting current salaries to be competitive in the current marketplace. Even at that the City Manager is commenting that the increase will bring the level to "only five percent less than everybody else." D.B. needs to be competitive and keep good employees. If this is the right thing to do it is the right thing to do now. C/Tanaka believed that there should not be compaction and that there should be separation between supervisors and managers and the rank and file, and that everyone should be compensated accordingly. There was no one present who wished to speak on this matter. M/Herrera moved, C/Tanaka seconded, to adopt Resolution No. 2006-16: Establishing Salary Ranges for all classes of employment effective February 21, 2006 rescinding Resolution No. 2005-58 in its entirety in order to implement salary adjustments for various full time positions, title changes for various part time positions and, appropriate $57,250 from the General Fund Reserves to fund the pay adjustments. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera None None CM/Lowry thanked the Council Members on behalf of all of the Department Heads and staff. 8.2 APPROVE AMENDMENT NO. 1 WITH WEST COAST ARBORISTS FOR TREE MAINTENANCE SERVICES FOR REMOVAL/REPLACEMENT OF ALL TREES ON GRAND AVENUE MEDIANS FROM THE SR60 TO DIAMOND BAR BOULEVARD AND NINE (9) TREES AT SYCAMORE CANYON PARK: TREE MAINTENANCE SERVICES AS AUTHORIZED BY THE CITY MAANAGER OR HER DESIGNEE; AND APPROPRIATION FROM THE GENERAL FUND RESERVES OF $27,775 FOR A TOTAL FISCAL YEAR 2005/06 AMOUNT OF $235,125. FEBRUARY 21, 2006 PAGE 19 CITY COUNCIL CSD/Rose reported that this request was for removal and replacement of all trees on the Grand Avenue medians from the SR60 to Diamond Bar Boulevard as well as removal and replacement nine (9) trees at Sycamore Canyon Park. The request also includes an authorization to perform tree maintenance services as authorized by the City Manager or her designee for the remainder of the fiscal year. If items one and two are approved the appropriate from the General Fund Reserves would be $20,231 and $7,562 respectively. Also, 10 additional trees will be removed at Sycamore Canyon as a result of the ADA retrofit project and removal of these trees will result in a significant impact to the park. CSD/Rose gave a slide presentation depicting the proposed work. Staff recommends approval and appropriation of the funds. Lydia Plunk, 1522 Deerfoot Dr. pointed to the General Plan's Vision Statements that the City would retain the country living character and create a nurturing community environment. She asked that during deliberation of this item the City Council remember those two points. She understood that diseased trees needed to be removed but questioned why a ramp could not be moved around a tree. The loss of the large trees completely changes the character of the park. She felt that the London Plane tree was an excellent choice for replacement of the Sycamore trees. However, she disagreed that Camphor trees were more interesting and while Gingko's were excellent urban trees they were sometimes listed as inappropriate for streetscape because of the canopy size and problems with the roots. When D.B. became a City the trees in the parkway became more interesting and she hoped that D.B. would not revert back to the county's way of finding the cheapest tree for replacement trees. She liked the current assortment and felt it provided a more interesting look and was more in keeping with what the citizens responded to most favorably since D.B. became a City. CSD/Rose responded that the primary reason the trees on Grand Ave. were being considered for removal was that several had died and it was time to make a decision about how Grand Ave. would look in the future. This was an opportunity to create a different type of entry look at what will surely be one of the City's most heavily traveled access points when the new Target Project is completed. Based on staff's research, the type of eucalyptus tree that currently resides on Grand Ave. is not recommended for medians and street areas. Eucalyptus trees tend to be brittle and present a safety hazard on a heavily traveled boulevard. Staff believes that the Evergreen Camphor tree with its canopy offers a beautiful entry statement. Because of the current condition of the Eucalyptus trees staff believes it is time to make a decision about changing the treescape forthe area. CSD/Rose affirmed to C/Tye that the Camphor and Gingko trees would be used for the Grand Ave. median from the SR60 to Diamond Bar Blvd. only and that other median varieties would remain in place. CSD/Rose confirmed to M/Herrera that the 19 Sycamore trees slated for removal would be replaced with 24 Sycamore trees. FEBRUARY 21, 2006 PAGE 20 CITY COUNCIL C/Chang moved, MPT/Zirbes seconded, to approve Amendment No. 1 with West Coast Arborists for Tree Maintenance Services for removal and replacement of all trees on Grand Ave.medians from the SR60 to Diamond Bar Blvd.and nine (9) trees at Sycamore Canyon Park; Tree Maintenance Services as authorized by the City Manager or her designee; and, appropriation from the General Fund Reserves of $27,775 for a total FY 2005/06 appropriation of $235,125. AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera None None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka attended the Seniors Valentine Dinner and Dance; attended the LA County Division League of California Cities meeting at Paramount Studios in Hollywood. Alex Padillo, President, used the studio to show a movie and showcase the region to point out how important the movie industry was to the Southern California economy; attended the Council of African-American Parents Cultural Faire at Sycamore Canyon Park, listened to good music, ate good food and purchased a few items; learned from the Three Valley's Water District Leadership Breakfast Meeting how important water is to the area and to keep it clean and preserve it for cities like D.B.; attended the Neighborhood Watch meeting on Gerndal and stood outside of the motorhome due to the large attendance; attended the Miss Diamond Bar Fashion Show and attended the Lyons District 404 Teen Dinner and presentation during which two D.B. students were recognized. C/Chang said that he and other Council Members attended many meetings during the two-week period between Council meetings. He enjoyed the African-American Cultural Faire but had to leave early to attend another event. He joined the Red Cross annual party and continues to support the organization in their fundraising efforts. He was invited to Washington, D.C. by Congress to attend the meeting at the Chinese Embassy to discuss how China could attract small businesses and import products from America as well as create more traffic and trade between the two countries. The Pomona Fair Board requested that he ask D.B. residents to promote the Diamond Bar Day at the LA County Fair. He spoke with staff about Kaiser-Permanente's desire to open a service center in D.B. C/Tye again congratulated Tom Mangham on his retirement. He complimented CSD/Rose and his team on the outstanding Sycamore Canyon Trailhead Project. He reiterated that the Project was paid for 100 percent by grant money and it came in under budget. He was excited to see benches dedicated to the memory of Steve Tamaya and Hal Sturm. He was proud to report that the Walnut Valley Rotary Club also installed a bench at the entryway and it was heartwarming to see it used on a regular basis. Last week he joined M/Herrera at the California Contract Cities FEBRUARY 21, 2006 PAGE 21 CITY COUNCIL Association and it was his privilege to vote in favor of a resolution to support the 2006 California State Library Bond. He was confident that ACM/Doyle would fight for a fair share of the bond money should it be approved in June. On Saturday he participated in the Counsel of African-American Parents at Sycamore Canyon Park and it was especially nice to hear compliments about staff. The President of the Counsel wrote a note acknowledging Ryan Wright and his staff for their fine work. CITye asked CSD/Rose to pass on his thanks for the terrific work staff does on behalf of the City. MPTIZirbes commented that the trailhead looks great and people who are using the trailhead and benches are thrilled with the project. He encouraged everyone to join the Council for the dedication ceremonies on Saturday at 10:00 a.m. The Miss D.B. Pageant is scheduled for March 25 at Mt. San Antonio College. Unfortunately he will be out of town and unable to host the Pageant this year. In his stead, Bob Huff has agreed to host the event. All nine contestants are outstanding and he believed it would be a wonderful evening. If interested in attending, please call the pageant at 909-861-8454. He congratulated D.B.H.S. and D.R.H.S. varsity boys' teams. Both advanced to the CIF playoffs. The girls' varsity soccer team from D.B.H.S. also advanced to the playoffs and played and lost a tough game to an outstanding team. It was exciting for him to see so many D.B. residents attend the games. D.B. is a great City in which to live and he is honored to serve on the City Council. MlHerrera said that it had been a long evening and she would not repeat the many events she and her colleagues attended during the past two weeks. She thanked Council Members for their resolve and residents for their interest and for attending tonight's meeting. ADJOURNMENT: With no further business to conduct, MlHerrera adjourned the regular City Council meeting at 9:34 p.m. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of CAROL HERRERA, MAYOR Agenda No. 6.2.1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION ,JANUARY 10, 2006 CALL TO ORDER: Chairman McManus called the meeting to order at 7:05 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Joe McManus, Vice Chairperson Ruth Low and Commissioners Kwang Ho Lee and Tony Torng. Commissioner Dan Nolan was excused. Also present: Nancy Fong, Interim Community Development Director; John C. Cotti, Assistant City Attorney; Ann J. Lungu, Associate Planner, Linda K. Smith, Development Services Associate, Stella Marquez, Senior Administrative Assistant and Tom Smith, BonTerra Consulting. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Study Session of December 13, 2005. VC/Low asked that on Page 2, last paragraph, that the end of the first sentence be corrected to read:..." ... to mitigate the traffic outside of "The Country Estates." VC/Low moved, CILee seconded, to approve the minutes of the December 13, 2005, study session as corrected. AYES: COMMISSIONERS: VC/Low, Lee, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 4.2 Minutes of the Regular Meeting of December 13, 2005. C/Torng moved, CILee seconded to approve the Minutes of the Regular Meeting of December 13, 2005, as presented. Motion carried by the following Roll Call vote: JANUARY 10, 2006 PAGE 2 PLANNING COMMISSION AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. CONTINUED PUBLIC HEARING(S): Torng, Lee, VC/Low, Chair/McManus None Nolan 7.1 TENTATIVE TRACT MAP NO. 53430 ZONE CHANGE NO. 2005-03,, CONDITIONAL USE PERMIT NO. 2002-01, VARIANCE 2005-03 AND TREE PERMIT NO. 2005.10 - In accordance with the Subdivision Map Act, City's Subdivision Ordinance — Title 21 and Development Code — Title 22, Sections 22.70, 22.58, 22.22, 22.54 and 22.38) this was a request to subdivide approximately 80 acres into 48 single-family residential lots forthe eventual development of single-family custom homes. The Zone Change was related to changing the existing zoning from R-1-20000 to Rural Residential (RR); the Conditional Use Permit was related to grading and development within a hillside area; the Variance was related to retaining walls that were proposed at a height greater than six feet, and the Tree Permit was related to the removal/replacement/protection of oak and walnut trees. (Continued from December 13, 2005) PROJECT ADDRESS: Directly south of Rocky Trail Road and Alamo Heights Drive, and west of Horizon Lane, Diamond Bar, CA 91765 PROPERTY OWNER/ John Bostick APPLICANT: Millennium Enterprises 3731 Wilshire Boulevard, Suite 850 Los Angeles, CA 90010 AssocP/Lungu presented staffs report and commented on responses made during public comments placed in evidence during the December 13, 2005, meeting. Staff recommended that the Planning Commission recommend the following to the City Council: Certification of the Draft Environmental Impact Report (SCH#2003052202) and Mitigation Monitoring Program; approval of Tentative Tract Map No. 53430; Zone Change No. 2005-03; Conditional Use Permit No. 2002-01; Variance No. 2005-03; Tree Permit No. 2005-10, JANUARY 10, 2006 PAGE 3 PLANNING COMMISSION Statement of Overriding Consideration, Findings of Fact, and conditions of approval as listed within the Resolutions. John Bostick, applicant, stated that he has continued to meet with the adjacent landowners and respond to their concerns. In the spirit of taking public input very seriously Millennium Enterprises spent considerable time and effort to come up with a design to lower Alamo Heights Road and respect the approval for the JerryYeh property. He said he believed Dr. Wu's proposal was not the best solution and that Millennium had been able to show that the lowering of Alamo Heights would most likely create more and not less of an impact. In short, the applicant has responded to the direction of the Planning Commission by responding to the adjacent landowners and lowered the wall height to a maximum height of 15 feet. Mr. Bostick assured the Commissioners that the applicant would continue to work with the adjacent landowners and staff to arrive at the best solution for the construction of Alamo Heights Road. VC/Low said she appreciated Mr. Bostick's consideration for the project and his attention to the concern of the adjacent landowners. She asked for clarification of Mr. Bostick's comments regarding the increased impact to lowering the road. Mr. Bostick said that because of the conditions of approval for Mr. Yeh's property, lowering the road puts a 10 -foot retaining wall adjacent to the street. Tonight's request for approval is for no walls over 15 - feet high. In the area there is only eight feet to mitigate the wall with tree plantings. As he explained to the landowners, he believed the better plan was to have the wall on the property owners' side, that he would be able to provide better mitigation and that the end result would be a better product that was less visible and properly mitigated. VC/Low asked if Mr. Bostick had addressed the cost of building and maintaining the walls and the matter of liability with the landowners. Mr. Bostick stated that he explained to the landowners that the project included conditions requiring the creation of a homeowner's association with CC&Rs and a budget. The budget would have to cover the maintenance of on-site and off-site landscaping as well as walls built on and off-site. City staff and the DRE (State Department of Real Estate) review the budget. VC/Low asked if the applicant had offered financial incentives to the landowners in exchange for the grading easement. Mr. Bostick responded affirmatively and explained that during the January 5 meeting the residents were told that they would be compensated for providing easements in the form of a wall and landscaping. VC/Low asked what remedy Mr. Bostick JANUARY 10, 2006 PAGE 4 PLANNING COMMISSION would pursue in the event some landowners failed to grant the easement? Mr. Bostick explained thatthe road would not change. If a landowner refused to grant the easement the applicant would work with staff to accommodate that scenario. The ultimate goal was to minimize the number of wails. He said he felt certain that he could work with the individual homeowners to coordinate the plan. C/Torng asked how many homeowners had agreed to the easement and Mr. Bostick responded that one landowner had indicated full agreement and others were in limbo. C/Torng asked staff to respond as to the City's position. ICDD/Fong stated that with respect to Jerry Yeh's concern the condition was intended to seek the cooperation of adjacent residents. She offered that staff could meet with Mr. Yeh and discuss Condition 2 that intends to provide flexibility for the applicant to work with the residents to complete the extension of Alamo Heights. Mr. Bostick responded that Mr. Yeh was not opposed to the project until the applicant proposed to work through the concept of lowering Alamo Heights Road. Again, by attempting to lower Alamo Heights Road it calls for a wall that is difficult to mitigate and that was Mr. Yeh's concern as well as the applicant's concern. Mr. Yeh's letter was in response to his concern about the possibility of another wall being placed on his property. Mr. Bostick appealed to the Planning Commission to acknowledge staffs support of the project and stated that although he is at Tract approval and does not have the exact solution for Alamo Heights Road he has a set of conditions that staff has indicated would create a good project for the City of Diamond Bar. He asked for Commission approval that included a substantially reduced variance. C/Lee believed that Dr. Wu's concern about the possibility of the wall collapsing due to water retention was legitimate and asked Mr. Bostick to respond. Mr. Bostick explained that there was always a possibility and that the engineers had done everything possible to make this project as safe as possible. The technology for real estate land development has dramatically improved in recent years. He stated that retaining walls will be designed to meet the criteria set forth by the City. C/Lee felt Dr. Wu's concerns should be given credibility because Dr. Wu worked in this field. ICDD/Fong explained that retaining wails must meet the City's Code. The Building Department intends to plan check the construction thoroughly to assure that it meets code and is safe. Mr. Bostick explained that his opinion of Dr. Wu's concern was that all of the walls were signed and stamped by a state certified civil engineer who does the math and calculations to say that those walls will stand up and meet the criteria of the City. He said he could not testify as to Dr. Wu's credentials and did not know if he was a state certified civil JANUARY 10, 2006 PAGE 5 PLANNING COMMISSION engineer. If Dr. Wu is a state certified civil engineer the applicant would be pleased to provide him with the calculations. He assured CILee that staffs approval was for a structurally sound wall and believed that in accordance with code the applicant.must rely on a state certified civil engineerto approve the project. CILee reiterated that Dr. Wu said that it was possible water could smear into the landfill and CILee said he wanted to know if that statement was accurate. Mr. Bostick explained that a drain channel is installed behind the retaining wall to relieve hydrostatic pressure. When retaining walls are built in today's marketplace a drainage channel must be provided. CILee said that Dr. Wu was concerned because he felt the retaining wall was too high. Charlie Liu, project engineer for applicant, said that it was true that in the past retaining walls had failed due to water build up behind and under the wall. He said he had been in business for 35 years and during that time engineers had learned from past problems. This project has a major fill and he and the soils engineer have worked together to provide a project that would meet the requirements set forth by the Code. Mr. Liu proceeded to described in detail as to how the retaining wall would be built. Chair/McManus explained that the Commission was charged with approving projects that were approved to code and that if CILee wanted to meet with the engineer on his own to get lessons on how to build retaining walls he could do so. ICDDIFong explained staffs procedure for assuring the proper design of facilities to ensure safety. She further explained to CILee that if Dr. Wu was seeking assurance that the project was safe he should discuss the matter with staff and to date, Mr. Wu had not made any such inquiries. VC/Low felt CILee wanted to know how safe the wall would be and the engineer responded that based on industry standards and 35 years of experience the wall would be 99.99 percent safe because no one could guarantee at a level of 100 percent. in addition, he built a 35 -foot wall in San Francisco where there is more rainfall and there have been no incidents with the retaining wall in San Francisco. In addition, his license is on the line to make certain that the wall is built in a sound manner. VC/Low wanted to know if staff had determined how underground water would affect massive earth movement in the project area. Tom Smith responded yes. Contained in the Environmental Report and backup studies JANUARY 10, 2006 PAGE 6 PLANNING COMMISSION the City required the applicant's civil engineer to conduct a hydrology study to determine the existing runoff conditions from the site priorto development as well as runoff conditions post development. Generally speaking, ground water is not near the surface in hillside areas. The EIR speaks to regional water basins and the nearest major ground water basin with an aquifer is near the SR605 and SR60. Generally, local areas of perched ground water and local aquifers exist in the canyon bottoms. The on-site subsurface borings did not detect any ground water. The geologist did note that in the canyon bottom, because of all of the vegetation, there was no opportunity to do borings and was unable to determine whether there would be a perched groundwater condition. When the time comes to do the detailed grading design and during grading the City inspectors will be on-site daily to inspect the grading and related conditions. If perched water conditions arise the City will require engineering solutions as the fill is placed. VC/Low asked if these procedures were set forth in the draft resolution. TCDD/Fong responded that that procedure was part of the environmental mitigation referred to as part of the environmental condition. Chair/McManus asked if staff was working with Mr. Yeh to resolve his concerns. ICDD/Fong said she believed so and whether the wall was located on Mr. Yeh's side of the street would be determined during the final design phase for Alamo Heights. Chair/McManus reopened the public hearing. David Leong, 22372 Kicking Horse Drive, said he and his wife appreciated the Millennium representatives meeting with the homeowners. However, contrary to Mr. Bostick's statement, Mr. Leong said his understanding was that there was no agreement with the project. He said that on January 7' 2006, Charlie Lui stated that the modified plan provided that no walls would be greater than 10 -feet tall. And yet tonight he heard Mr. Bostick asked for approval of a variance forwalls to a maximum of 15 feet. Another example of conflicting information was when VC/Low asked Mr. Bostick whether the developer had offered incentive or compensation to make it more palatable for homeowners to cooperate with this project and Mr. Bostick responded affirmatively. Mr. Leong said that he took from the December 5, 2005, meeting that Mr. Bostick categorically stated "no compensation." At the same time during a simultaneous meeting in a language that was not English those homeowners were given the impression that there would be financial compensation. Until the December 13, 2005, Planning Commission meeting neither the City nor the consultants acknowledged the existence of a creek running along his property. He said he had questioned Mr. Bostick about the JANUARY 10, 2006 PAGE 7 PLANNING COMMISSION responsibility of maintaining the slope along the wall and the liability issues to the homeowners since the structures would lie on the homeowners' properties. To date he had not received any assurance to his satisfaction. It was presented to him that "The Country Estates" Homeowners Association would assume responsibility and liability for maintaining the structures. Yet, the homeowners association has indicated there has been no such agreement. Mr. Bostick indicated that it could be a separate homeowners association and how could Kicking Horse homeowners and Millennium enter into a binding agreement for a homeowners' association that was not yet in existence. He said he appreciated CILee's questions because the homeowners' have safety concerns and because there are so many unanswered questions, the homeowners have not been able to reach an agreement with Millennium. Paul Akin, 22505 Lazy Meadow Drive, said he was concerned about annexation of this property into "The Country Estates." He recommended that the developer meet with "The Country Estates" Homeowners Association and move forward with annexation as a single owner rather than wait until 48 homeowners were involved. ICDDIFong said that a Condition of Approval requires the applicant to negotiate with "The Country Estates" for annexation of the property. Hofu Wu, 22368 Kicking Horse Drive, felt the design detail of the retaining wall was correct. The City ordinance requires a maximum height of six feet and felt that the engineering for a six-foot wall would be fairly easy to attain. In his opinion, when a wall exceeded a certain height no one could guarantee its success rate. He said he was also concerned about water in the canyon and how the water would affect the proposed fill. He wanted to know why the homeowners were being asked to favor the easement when there were no concessions provided by the developer. He felt his recommendations were much better for the project because the retaining wall would be set on solid existing ground instead of fill. Using the drawings he commented the red lines indicated that the pad sizes for the 48 proposed homes exceeded the 33 percent lot coverage. He said he was not against the development but he was against the way the developer was proposing to fill the canyon that in his opinion was against the flow of nature's forces. He also favored an agreement between "The Country Estates" Homeowners' Association and the developer. JANUARY 10, 2006 PAGE 8 PLANNING COMMISSION Chair/McManus asked if Mr. Wu met with staff to discuss his concerns. Mr. Wu said that he had not because he felt that Millennium would address his concerns this evening. Kyoung Yi, 22376 Kicking Horse Drive, said she shared the concerns about the negative impacts that would be generated by this development as presented by Professor Wu on December 13 and this evening. She does not like the construction of a high wall, the cutting of old oak trees and loss of the creek on her property not to mention the noise, dust and loss of privacy in her backyard during construction. The homeowners met with Millennium and no agreement was reached and further negotiations are necessary to reach an agreement that is mutually satisfactory. Mr. Bostick agreed that there was no formal agreement with Mr. Leong and was merely expressing that current conditions on the Tentative Map were more restrictive than those contained within the original project based on public input. The other language spoken during the meeting was Korean. Millennium's President is fluent in Korean and a couple of the homeowners indicated they were more comfortable discussing the matter in Korean. With respect to the wall height Millennium proposed a 10 -foot high wall plan for study only and Mr. Bostick again stated that he did not believe it was a good plan. Mr. Bostick clarified that he did not believe there would be any compensation for existing easements but that there was a possibility of compensation for additional easements. With respect to acknowledging a creek along the property, the flow line of the creek is shown on all of the Tentative Map submittals. The water and drainage concerns are covered in the Drainage and Hydrology report and the creek is also discussed in the EIR. Mr. Bostick clarified that the developer's intent was to annex into "The Country Estates" Homeowners' Association. Annexation requires a vote of the HOA members and that has not yet been done nor could he guarantee the vote outcome. As earlier stated by ICDDIFong, the project approval contains a condition requiring that the developer negotiate with `The Country Estates" for annexation into their HOA. Millennium has met with HOA President Steve Solis and committed to meet with the Crystal Ridge Homeowners Association on ,January 23. Homeowners are bound by an HOA and its CC&R's to maintain landscaping and retaining walls and he must have a plan and approved project before he can put together a budget and assemble a HOA. Mr. Bostick assured the Commission that if he received their approval for the project he would continue to work with Mr. Leong on the issues he raised. JANUARY 10, 2006 PAGE 9 PLANNING COMMISSION With respect to Mr. Akin's concern about annexation staff had conditioned the project accordingly. Mr. Bostick responded to Dr. Wu's comment that walls higher than six feet are not safe and that there are many walls that exceed six feet. For example, walls at the Target location exceed six feet in height and whether these types of walls are located behind a commercial projector a residential project they must be rendered safe. The project has limitations on how much drilling and exploratory research can be done without a Tentative Map approval such as the one being sought from the Commission this evening. Once an approval is achieved Millennium would be able to go into the areas to determine the feasibility of the proposal. Diamond Bar has an excellent soils engineer that would oversee the drilling and he believed that the project area boasted no unique features that had not already been developed in other ridgelines within "The Country Estates." With respect to pad heights, they remain the same but the proposal previously set forth lowered the road. The slope easement was not recommended for the development side because all of the area of the project with the exception of the pad areas has slope. He was mystified by Dr. Wu's assertion that the pad areas did not meet the required percentage. In fact, the pad areas meet the requirements and design of the City and its codes. If not, there would have been no hearing in December. Mr. Wu mentioned that he was opposed to filling the canyon and Mr. Bostick said he understood and appreciated Mr. Wu's concerns but in fact, the highest and best use of the property as called out in the City's approved General Plan was "one unit per acre development" and this project was actually at .6 units per acre which is a 40 -percent reduction below the General Plan requirement. This requires a fill of the canyon similar to projects adjacent to and in the area of this project. VC/Low asked for further explanation of the existing road easementfrom the Kicking Horse properties. Mr. Bostick stated that at the maximum an additional 50 feet would be required to eliminate all retaining walls. If Millennium could acquire an additional 15 feet for example, it would reduce the height of the retaining walls. The reason Millennium would not place retaining walls on the project side of Alamo. Heights Road is because they would be more difficult to mitigate with only eight feet between the right-of- way and the asphalt. On the Kicking Horse side there is 50 feet within which to mitigate a wall. He explained the options and what he felt was the best solution. Mr. Bostick confirmed to VC/Low that if Millennium were unsuccessful in obtaining the additional easement from the Kicking Horse Drive homeowners the project would require a maximum 15 foot height for the retaining walls. JANUARY 10, 2006 PAGE 10 PLANNING COMMISSION Mr. Bostick responded to Chair/McManus that he was comfortable with the conditions of approval at this stage of the process. Mr. Bostick reiterated that the applicant has worked diligentlywith staff to provide a good project and he asked the Commission to believe that staff has presented the best possible project for approval. VC/Low asked what input the City had to the conditions of the CC&R's. ICDD/Fong responded that the City Attorney would respond to the proposed CC&R's and the CC&R's would reflect the conditions imposed upon the tract. Ultimately, the CC&R's are approved by the City Council. VC/Low asked if the developer's statements were binding to the project. ICDD/Fong stated that there was no condition binding the developer to pay compensation for the easement and in fact that matter was outside of the City's purview. ICDDlFong said she believed that the wall would vary from seven feet to 15 feet at its highest point if walls were needed within the existing 40 -foot easement. The variance is required to meet the maximum height needed. There is a condition requiring the applicant to negotiate with "The Country Estates" Homeowners' Association for annexation. In addition, the project must form another association so that ultimately the 48 homes would have two associations as reflected in the CC&R's. TCDD/Fong agreed with Chair/McManus that the 48 homeowners would have their own association for purposes of liability and maintenance of common areas whether or not they were annexed into 'The Country Estates" Homeowners' Association. Bill Liu, President, Crystal Ridge Association, disagreed with ICDDlFong. Crystal Ridge is a separate association even though it pays money to "The Country Estates" Homeowners' Association for limited security and gate enforcement. ICDD/Fong responded that in fact, Crystal Ridge was not annexed into "The Country Estates." The Millennium project requires that Millennium negotiate with "The Country Estates" for annexation. In addition, Millennium must form its separate association for maintenance of common areas. ACA/Cotti explained that the project was conditioned that it form its own association as well as conditioned to require Millennium to negotiate in good faith to annex into "The Country Estates" Homeowners' Association. Should that not occur, there would be an association in place that was fully funded as per the state DRE requirements to assure the ongoing maintenance of common areas. JANUARY 10, 2006 PAGE 11 PLANNING COMMISSION Mr. Aiken agreed to a certain point. He said that if the project were annexed into "The Country Estates" Homeowners Association there would be no need for them to have a separate association. Chair/McManus explained that the City could not require the project to be annexed into "The Country Estates." ACA/Cotti responded to VC/Low that to the extent that the conditions were negotiated in good faith toward annexation it would not further bind the developer. All that the developer was required to do was to make a good faith attempt to negotiate and there was no requirement that those conditions be finalized. ICCDIFong responded to Chair/McManus that staff had imposed a considerable number of conditions on the project for the good of the City. Mr. Leong said that it was incorrectly implied that the homeowners had accepted the 10 -foot wall. If the Commissioners approve the proposed plan it would put the homeowners in a difficult situation of having to choose between a 15 -foot high wall and an easement. Chair/McManus said that negotiations were still open. Mr. Leong felt that there should be a memorandum of understanding of annexation before the homeowners could make a decision because the homeowners might be in a position of having to maintain the wall. Chair/McManus asked if Mr. Leong understood that if there was no successful negotiation a separate and binding homeowners association would be established that would be responsible for maintaining the wall. Mr. Leong asked if that was binding and ICDD/Fong responded that it was. ACA/Cotti responded to Mr. Leong that he could not respond to Mr Leong's statement that he could state there would be no possibility that the homeowners could be left "holding the bag" and in all likelihood the homeowners would have to take that into consideration during the negotiations for granting of the easement. C/Torng asked Mr. Leong if the residents could come together to reach a decision. Mr. Leong said that the real process of the developer explaining and disclosing took place after the December 13 Commission meeting and JANUARY 10, 2006 PAGE 12 PLANNING COMMISSION he felt it was necessary for the homeowners and Millennium to continue negotiating so that the homeowners would not be left "holding the bag." TCDD/Fong responded to C/Torng that staff held a meeting in August for the homeowners. C/Leong reiterated that during the meetings prior to December 13, there was no advice to the homeowners as to their rights and there was no full disclosure of possible problems such as liability, etc. C/Torng said he participated in a hearing for South Point West and the detailed plan was submitted at that time. He believed that about 30 homeowners participated in that meeting. According to the City's code of procedure it must invite residents to participate in such hearings prior to the matter coming before the Planning Commission. C/Leong said that in his opinion, much more information came to light after the December 13 Planning Commission meeting. Some homeowners may have believed they agreed and might have done so because of a misunderstanding of the facts presented. He said that some of his neighbors believed they had no choice but to agree to a 26 -foot wall or an easement with no alternative. He felt it was incumbent upon Millennium to continue talking with the homeowners before they were stuck in an adverse situation. ICDD/Fong stated that a 40 -foot easement already exists and Millennium could grade and build the walls within the 40 -foot easement. The only question before the Planning Commission was how high Millennium could build the walls. The first time, Millennium proposed walls up to 26 feet high. Since the Commission's recommendation for the applicant to work with the adjacent property owners Mr. Bostick decided that if he had to work within the 40 foot easement he would be able to build two walls with the wall on one side of the street being five feet and the wall on other side being 10 to 15 feet. Mr. Leong asked if it was correct that if Millennium wanted an additional 50 - foot easement they would have to negotiate with the homeowners and ICDD/Fong responded "correct." Mr. Leong said the homeowners were told that the applicant would not have to negotiate because they already had a total of 90 feet for the easement. ICDD/Fong said she did not believe Mr. Leong was correct. Mr. Leong felt that staff needed to provide the homeowners with accurate information because Millennium told the homeowners they had no choice but to grant the 90 -foot easement. ICDD/Fong recalled that at the last neighborhood meeting staff attended it was made clear that there was an existing 40 -foot easement and that Millennium was asking for a 50 -foot easement. JANUARY 10, 2006 PAGE 13 PLANNING COMMISSION Chair/McManus advised Mr. Leong that this was a request for a tentative approval, not a final approval and in order for Millennium to move forward they needed a tentative approval to proceed with certain items that they had to complete. Staff has repeatedly and categorically stated that there is room for negotiation between the homeowners, Mr. Yeh and Millennium. Mr. Leong believed the homeowners were asking that because the homeowners were not provided accurate information and he felt that the Commission should grant additional time for Millennium to talk with the homeowners because once approved, the homeowners would be between a rock and a hard place. Chair/McManus asked Mr. Leong if he understood that this was not a final approval and that there were a lot of additional hoops that Millennium had to jump through before receiving final approval and that the project has already been continued for one month. Mr. Bostick said that at the very first meeting in May at the HOA, the HOA's legal counsel was present and explained that the easements were existing on all of these properties according to the current recorded tract map for the lots on Kicking Horse Drive. From the centerline of the street there is 40 feet for the street and a 50 -foot slope easement resulting in a total of 90 feet of easement on all of the heights to build Alamo Heights Road, a fact that has never been in dispute. He felt he had made every good effort to explain the situation and work with the homeowners in good faith for several months. Mr. Bostick further stated that the developer has another 9 to 12 months of preliminary engineering and design work before one scoop of dirt could be moved and during that time the applicant will continue to work with staff and the homeowners in good faith. The easements are in place and are not in dispute. Chair/McManus invited Mr. Wu to contact the City with his concerns and assured Mr. Wu that the City would not be contacting him for his expertise. Chair/McManus closed the public hearing. VC/Low detailed the review process and said that it seemed to her that Millennium had made considerable effort and progress toward discussing and resolving various issues with concerned citizens as directed by the Planning Commission on December 13. Therefore, it appeared there would be no benefit to further continuance of this matter as suggested by some of the comments. The applicant has a right to the use and development of his land according to code and the City cannot deny that right. The easement JANUARY 10, 2006 PAGE 14 PLANNING COMMISSION currently exists and the applicant is entitled to build in the easement area. The question is whether the Commission wants to grant a variance allowing a wall to be constructed up to a maximum height of 15 feet and the City has allowed construction of such walls in the past. VC/Low moved, C/Lee seconded, to recommend the following to City Council: Certification of the Draft Environmental Impact Report (SCH#2003052202) and Mitigation Monitoring Program; approval of Tentative Tract Map No. 53430, Zone Change No. 2005-03, Conditional Use Permit No. 2002-01, Variance 2005-03 and Tree Permit No. 2005-10, Statement of overriding Consideration, Findings of Fact, and conditions of approval as listed within the Resolutions including additional conditions provided by staff today. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Low, Lee, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 8. PUBLIC HEARINGS: 8.1 Conditional Use Permit No. 2005-04 and Development Review No. 2005-23 — In accordance with Code Sections 22.42, 22.58 and 22.48, this was a request to install a wireless telecommunications facility with antennas mounted on the roof -top concealed by the facade and mansard roof and equipment cabinets in a retail suite. The Development Review related to architectural/design review forthe replacement of faux stucco and roofing materials. PROJECT ADDRESS: PROPERTY OWNER/ APPLICANT: 1155 Diamond Bar Boulevard Diamond Bar, CA 91765 Diamond Bar Town Center, LLC Pacific West Asset Management 3191-D Airport Loop Drive Costa Mesa, CA 92626 Chair/McManus recused himself and left the dais. JANUARY 10, 2006 PAGE 15 PLANNING COMMISSION DSA/Smith presented staff's report and recommended Planning Commission approval of Conditional Use Permit No. 2005-04 and Development Review No. 2005-23, Findings of Fact, and conditions of approval as listed within the Resolution. Danielle Brandenburg, representing Cingular Wireless, MMI Titan, responded to C/Torng that this project would improve the wireless phone reception in Diamond Bar. She responded to VC/Low that she concurred with staffs recommendations and conditions of approval. VC/Low opened the public hearing. There was no one present who wished to speak on this matter. ClTorng moved, CILee seconded, to approve Conditional Use Permit No. 2005-04 and Development Review No. 2005-23, Findings of Fact, and conditions of approval as listed within the Resolution. Motion carried by the following Rall Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Chair/McManus returned to the dais. Tomg, Lee, VC/Low None Chair/McManus Nolan 9. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng felt that concerned residents should participate more fully in the projects that come before the City. He believed that the applicant would work with the residents to come to a satisfactory resolution of their concerns and wished Millennium a good project. C/Lee said he expected Millennium to follow through with their promises to the residents and thanked them for their patience. VC/Low echoed CILee's comments and thanked staff for working hard with the applicant to bring together a good project. She thanked Millennium for their last minute improvements and wished them good luck in winning over the homeowners and moving forward with a good project. JANUARY 10, 2006 PAGE 16 PLANNING COMMISSION Chair/McManus wished everyone a Happy New Year and congratulated Millennium on moving their project through the Planning Commission. He asked Commissioners to get a copy of Roberts Rules of Order to refresh themselves on meeting conduct. Before coming on the Planning Commission he spent the better part of a day going through orientation and reviewing the responsibilities of Planning Commissioners and recommended that for those that had not done so it would be especially useful for them to take the time to review Planning Commission and Commissioner's procedures and responsibilities. 10. STAFF COMMENTS AND INFORMATIONAL ITEMS: 10.1 Public Hearing dates for future projects. 1CDDIFong said she had not forgotten about Form Based Code and Art in Public Places. Staff intends to present information in the near future so that the Commission can discuss the matter and forward its recommendation to the City Council. 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 9:40 p.m. Ily submitted, Fancy Fong Interim Com McManus, Chairman nity Development Director Agenda No. 6.2.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JANUARY 24, 2006 CALL TO ORDER: SAA/Marquez called the meeting to order at 7:06 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng. Chairman Joe McManus, and Vice Chairperson Ruth Low were excused. Also present: Nancy Fong, Interim Community Development Director; Bradley Wohlenberg, Assistant City Attorney; Ann J. Lungu, Associate Planner, Sandra Campbell, Contract Senior Planner; Linda Smith, Development Services Associate and Stella Marquez, Senior Administrative Assistant. C/Torng nominated C/Nolan to serve as temporary presiding officer. C/Lee seconded the nomination. There were no other nominations offered. Roll Call: CILee Yes C/Torng Yes C/Nolan Yes C/Nolan assumed the gavel. PLEDGE OF ALLEGIANCE: Commissioner Lee led the Pledge of Allegiance. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Study Session of January 10, 2006. Continued to February 14, 2006. 5. OLD BUSINESS: None JANUARY 24, 2006 PAGE 2 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): PLANNING COMMISSION 7.1 Conditional Use Permit No. 2005-02 Development Review No. 2005-15 and Minor Variance No. 2005-03 - In accordance to Code Sections 22.42, 22.58, 22.48 and 22.54, this was a request to install a wireless telecommunications facility with antenna mounted on a monopole camouflaged as a broadleaf tree and equipment cabinets. The Development Review relates to architectural/design review. The Minor Variance relates to the height of the broadleaf tree monopole that exceeds the maximum allowable 35 -foot height. PROJECT ADDRESS: PROPERTY OWNER: Eastgate Water Reservoir 24995 Eastgate Drive Diamond Bar, CA 91765 Walnut Valley Water District 271 S. Brea Canyon Road Walnut, CA 91789 APPLICANT: Cingular Wireless 12900 5t' FI — Park Plaza Drive Cerritos, CA 90703 APPLICANT'S AGENT: Infranext, Inc., Jim Fitzsimmons 2200 Orangewood Avenue#228 Orange, CA 92868 DSA/Smith presented staff's report and recommended Planning Commission approval of Conditional Use Permit 2005-02, Development Review No. 2005-15 and Minor Variance No. 2005-03, Findings of Fact, and conditions of approval as listed within the resolution. AC/Nolan asked for a definition of "co -location." DSA/Smith stated that the vendor requested co -location because their grid was lower than the existing grids and it was common to group such facilities. Acting Chair/Nolan asked if any noise would emit from the use and DSA/Smith explained that there might be an on-site generator, however, there would otherwise be very little noise. Kenny Zwick, applicant's representative, explained that the application made sense because the applicant had complied with the City's requirement to locate the facility at a preferred facility for wireless applications. It was JANUARY 24, 2006 PAGE 3 PLANNING COMMISSION 8. customary for such facilities to be placed on or near water tanks since it offered a symbiotic use and afforded the City an opportunity to gain revenue. In this case, the site was being built for coverage and not capacity and as systems mature antenna centerlines tend to be lowered. He stated that the applicant read staff's report and concurred with the conditions of approval. Mr. Zwick responded to C/Lee that the total weight of the antenna was approximately 50 pounds. C1Torng asked if the applicant intended to request additional sites. Mr. Zwick indicated that Cingular was going to a higher frequency in order to provide better signal. These sites tend to expand and contract depending on usage. For example, with the current system the 30th person attempting to make a call on a sector would not have good reception and with the installation the usage capability should about double. C/Torng moved, CILee seconded, to approve Conditional Use Permit No. 2005-02, Development Review No. 2005-15 and Minor Variance No. 2005-03, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, Torng, AC/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Low, Chair/McManus PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng wished his colleagues a Happy Lunar New Year, the Year of the Dog. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 9.2 Form Based Codes (Continued to February 14, 2006) 9.3 Art in Public Places (Continued to February 14, 2006) ICDD/Fong stated that at the February 14, 2006, meeting she would forward a staff report that discussed what was meant by "public convenience and "necessity" as well as the process for determining the duties. ICDD/Fong commented that the date for the Planners Institute should be March instead of May. She asked the Commissioners to read the publication on the JANUARY 24, 2006 PAGE 4 PLANNING COMMISSION Monterey conference and indicate to SAA/Marquez whether they would like to attend. AC/Nolan said he highly recommended that his colleagues attend the conference. AC/Nolan asked if ACA/Wohlenberg would comment on a recent Supreme Court case involving aesthetics for cell sites. ACA/Wohlenberg explained that the 9t' Circuit Court decision dealt with cell facilities that were installed in the public right-of- way. The Court decided that aesthetic concerns a city may have was not something that was allowed to be regulated under state law. However, 7901.1 allows some "time, place and manner" regulation but the court decided that aesthetics did not fall within those parameters. He felt that the City of La Canada Flintridge may very well appeal the decision because there was a substantial body of law that discusses how local government does have an aesthetic interest in the public rights-of-way. AC/Nolan stated that a home on Golden Springs Drive north just past Sycamore Canyon Park and Golden Prados has a smashed retaining wall between the house and the sidewalk and since the wall had remained in bad condition for several weeks he wondered if the City could step in to facilitate repairs. ICDD/Fong said she would report the matter to Code Enforcement. AC/Nolan offered that the Neighborhood Improvement Association or a local service club might be able to assist the property owner if necessary. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, AC/Nolan adjourned the meeting at 7:32 p.m. Respectfully Submitted, iA q Nancy Fong Interim Comunit Jelopment Director -a a� W— - - Dan Nolan, Acting Chairman Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 Copley Drive JANUARY 26, 2006 CALL TO ORDER: Chairman Nancy Lyons called the Parks and Recreation Commission meeting to order at 7:01 p.m. in the SCAQMD/Government Center Building Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Owens led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Nancy Lyons, Vice Chairman Dave Grundy and Commissioner Ted Owens. Commissioners Ling -Ling Chang and Benny Liang were excused. Staff Present: Bob Rose, Director of Community Services; Anthony Jordan, Parks and Maintenance Superintendent; Ryan Wright, Recreation Supervisor; Alison Meyers, Recreation Specialist and Marisa Somenzi, Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As Listed in the Agenda and reported by CSD/Rose. 1. CONSENT CALENDAR 1.1 Approval of Minutes of November 17, 2005 Regular Meeting. VC/Grundy moved, C/Owens seconded to approve the Minutes of the Regular Meeting of November 17, 2005. Without objection, the motion was so ordered with C/Chang and C/Liang being absent. 2. INFORMATIONAL ITEMS 2.1 Recreation Program Report — RS/Wright VC/Grundy asked what is "Yes, It's Ceiling Tile Art" and who comes up with these types of events. RS/Wright said he would have to check with RS/Murphy. VC/Grundy said he loved off-the-wall humor and would love to know who came up with the idea. VC/Grundy said the USS Midway tourwas great and he would highly recommend it. VC/Grundy asked if staff kept stats on how many individuals were turned away from programs due to overbooking. RS/Wright explained that staff maintains a "wait" list and JANUARY 26, 2006 PAGE 2 P&R COMMISSION contacts individuals when a spot becomes available during the season as well as modifies the numbers for the next season based on last year's interest. C/Owens asked what time the Easter Egg Hunt would take place and RS/Wright responded that the hunt takes place at 10:00 a.m. A Pancake Breakfast is served beginning at 8:30 a.m. and pictures of kids with the Easter Bunny are taken throughout the day. C/Owens asked what time the youth basketball games start on Saturday. RSNVright responded that there are two sites and both begin their games at 8:30 with the last game at 4:30 p.m. with games played every hour. CSD/Rose explained to C/Owens that the senior groups are open membership and have their own rules and regulations. The groups run their own programs and the City runs a program that includes all seniors. In fact, groups outside of the City are looking at changing their incorporation papers so they can be D.B. based. CSD/Rose responded to Chair/Lyons that there is enough time available to accommodate additional groups. If the senior program is D.B. based and incorporated the group can sign up to use the facility. If there is a time conflict the group that has more participants takes priority. Chair/Lyons stated that a senior class instructor failed to show. CSD/Rose responded to Chair/Lyons that the Summer Day Camp program would be held at Heritage Park. RS/Wright read the description of the "Yes, It's Ceiling Tile Art" program. CSD/Rose indicated to VC/Grundy that it is usually the instructor that comes to the City with the idea for a program. Chair/Lyons said she had been watching the rapid forward movement of Pomona's Youth Master Plan. She felt it would be good to have the July 4th Fireworks show at D. B.H.S. Chair/Lyons wondered if it would be a good idea to add a second night per week for the adult volleyball program. RS/Wright said staff would like to add another night but that the facility was not available. Chair/Lyons said the Winter Snow Fest was excellent and felt that Santa Claus and Mrs. Claus did a very good job and should receive a thank - you note from the Commission. Chair/Lyons also wanted to know if thank - you notes were sent to event sponsors as recommended by C/Owens. 2.2 Diamond Bar Community Foundation Oral Report — None Offered. 2.3 Youth Master Plan Oral Report — RS/Meyers reported the collaborative met on four occasions and named the group "D.B. 4 Youth." The 4 stands for Activity, Opportunity, Community and Diversity. Last Monday the youth met and names themselves "DB 4 Youth In Action." The first thing the youth wanted to do was a middle school dance and decided to do the dance in September so that they could start the events with a high school dance in May. The proms and other high school events are very expensive and the youth decided they would like to have a more casual and less expensive JANUARY 26, 2006 PAGE 3 P&R COMMISSION event while bringing together both of the high schools. The discussion included how the group might be able to incorporate youth from the private schools as well. The one night the group selected was by chance available at the Diamond Bar Center so the event is penciled in and plans are moving forward. In addition, the National League of Cities has asked the City hold monthly conference calls with them. She asked for participation by the Commissioners and thanked VC/Grundy for his participation with the collaborative. The National League of Cities will be in D.B. on April 3 and 4 and have asked to participate in the City Council meeting. In addition, they will be performing their site visit on April 5 and 6 and staff intends to schedule a meeting with the collaborative at that time. The National League of Cities uses the D.B. Youth Master Plan as an example for all of the cities with which they are working. RS/Meyers said that she had shared some of her concerns with the National League of Cities such as the fact that staff and the Commissioners were concerned about how to initially move forward and that the Walnut Unified School District had not adopted the plan. They said they would offer suggestions as to how to overcome those obstacles. Any input from the Commissioners would be greatly appreciated. RS/Meyers responded to Chair/Lyons that staff requested a study session with Walnut Unified School District. Chair/Lyons said that Dean Conklin left and she offered to send an email to see who was assuming this project. CSD/Rose said it was possible that other board members felt there was no need to get back to D.B. staff until March when the new board was settled in. RS/Meyers stated that the youth collaborative would be making a presentation about the dance to the adult collaborative on Monday at 4:30 in Room CC -3. Chair/Lyons asked if the City had money set aside for the dance. CSD/Rose explained that the U.S. Department of Education grant would be considered. RS/Meyers said that the group discussed how they would pay for events and thought about running a game booth or ride at the City's Birthday Celebration to raise funds. 2.4 Parks Report — PMS/Jordan recapped recent projects and invited the Commissioners to schedule park walk-throughs. Chair/Lyons asked that AA/Somenzi communicate on this matter with all Commissioners via email. 2.5 CiP Program Report— CSD/Rose a. Trail and Trail Head Development at Sycamore Canyon Park—RS/Wright reported that the project was finished. CSD/Rose stated that a dedication ceremony was tentatively slated for Saturday, February 25 at 10:00 a.m. b. Picnic Shelters at Pantera Park — AA/Somenzi reported that the project was completed at the beginning of December and there were now two JANUARY 26, 2006 PAGE 4 P&R COMMISSION beautiful sheltered picnic tables at the back of the park and that they were available by reservation. c. Sycamore Canyon Park ADA Retrofit — Phase III — Staff presented a conceptual plan exhibit to the Commission. In addition to the two completed phases, the retaining wall must be replaced and new equipment and patio area installed. The City budgeted about $1 million for the project and construction should commence within two to three months. d. Lorbeer Ball Field — Artificial Turf/Restrooms — Still awaiting response from the Pomona Unified School District and staff were looking at various alternatives. e. Paul C. Grow Park — Staff is meeting with Purkiss-Rose next week to discuss their conceptual plan. At its last meeting the City Council allocated about $100,000 of CDBG funds for the ADA portion of the project and staff will request additional funds from the City's General Fund for park improvements. f. Design of Restroom/Storage Building at Pantera Park — RJM Design Group is working on the conceptual plans for the February Commission meeting. g. Design of Trail Access Points — Group Delta is designing the trail access points at Clear Creek Canyon and at Steep Canyon up to the Diamond Bar Center at Summitridge Mini -Park. Staff intends to update the Commission on the progress of the project at its February 23 meeting. 3. OLD BUSINESS: 3.1 Review of Athletic Facilities Use and Allocation Process. VC/Grundy and C/Owens met with staff to review the existing policy and recommend a simple change to add text that differentiates the participants of D.B. residents to wit: The groups that have 60 percent or greater D.B. resident participation will be included in the first tier selection. Groups with less than 60 percent would be included in the second tier. RSNVright presented staff's report and recommended that after review of the proposed language for qualifying user groups the Commission set a March date for consideration for approval to allow time for the D.B. based organizations to be invited to participate. Chair/Lyons asked for clarification of Page 6, Item 1.a. 2) and CSD/Rose responded that the first priority for allocation was whether the group had 60 percent D. B. residents and then staff would consider the number of participants. C/Owens asked if the document needed to define "resident." VC/Grundy felt that a "resident" must live in D.B. C/Owens felt the document should include the definition and RSNVright agreed. Chair/Lyons thanked the subcommittee and staff for their work on this item. JANUARY 26, 2006 PAGE 5 P&R COMMISSION CSD/Rose said the document will be presented for public input at the March 23 Commission meeting, with the Commission's concurrence. The Commission concurred to receive staff's report in February and then to schedule the item for public discussion at the March 23, 2006 Commission meeting. 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: Chair/Lyons congratulated RS/Meyers for her perseverance. She congratulated CSD/Rose on his recognition by the Diamond Bar Community Foundation as "Community Hero" at their December gala. CSD/Rose announced that at the CPRS Conference in March D.B. would receive the Award of Excellence for the Diamond Bar Center design. Reservations are being accepted for the Saturday night March 18 dinner at the Doubletree Inn in Ontario. All commissioners are invited to attend and should notify AA/Somenzi of their intent. VC/Grundy said he would like to attend. ADJOURNMENT: Upon motion by VC/Grundy, seconded by C/Owens and with no further business before the Parks & Recreation Commission, Chair/Lyons adjourned the meeting at 8:20 p.m. Respectfully Submitted, Bob Rose, Secretary Attest: Nancy Lyons, Chairman Agenda # 6.4 _ Meeting Date: Murch ? , 2006 CITY COUNCIL 11 72�7x AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Ratification of Check Register dated February 17, 2006 through March 2, 2006 RECOMMENDATION; Ratify Check Register containing checks dated February 17, 2006 through March 2, 2006 totaling $1,232,864.68. FINANCIAL IMPACT: Expenditure of $1,232,864.68 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 February 17, 2006 through March 2, 2006 for $1,232,864.68 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: I 0c Finance Direbtor Assistant Cit ager Attachments: Affidavit and Check Register— 02/16/06 through 03/02/06 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 February 16, 2006 through March 2, 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 $948,398.10 011 Community Organization Support Fd 1,500.00 112 Prop A - Transit Fund 17,327.83 115 Int. Waste Mgt Fund 1,650.90 118 AB2766 - AQMD Fund 3,090.97 125 CDBG Fund 1,956.29 138 LLAD #38 Fund 6,649.58 139 LLAD #39 Fund 3,056.08 141 LLAD #41 Fund 1,497.65 250 Capital Improvement Project Fund 247,737.28 $1,232,864.68 Signed: 1X.1411 b Lifida G. MaghLfgon Finance Director SUNGARD PENTAMATION INC - FUND ACCOUNTING PAGE NUMBER: 1 DAT,,: 03/0.3/06 CITY OF DIAMOND BAP ACCTPA21 TIME: 09:4':23 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA_ transact. ck_date>'20060216 00:00:00.0' ACCOUNTING PERIOD: 9/06 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --- ---------- VENDOR -- FUND/DIVISION - --DESCRIPTION------ SALES TAX AMOUNT 10100 69646 02/23/06 SCE SOUTHERN CALIFORNIA EDIS 2505510 TRFFC SIGNAL-GRAND/G/S 0.00 2072.00 10100 69646 02/23/06 SCE SOUTHERN CALIFORNIA EDIS 2505510 TRFFC SIGNAL-G/SPRINGS 0.00 1801.00 10100 69646 021,'23/06 SCE SOUTHERN CALIFORNIA EDIS 2505510 TRFFC SIGNAL-D/B/MAPLE 0.00 908.00 TOTAL CHECK 0.00 4781.00 10100 69647 02/23/06 ADELPHTA ADELPHIA 0014010 MODEM SVCS -COUNCIL 0.00 46.95 10100 69648 02/23/06 AGGCOMWE AGRICULTURAL COM WGHTS & 0014431 COYOTE CONTROL SVCS -DE 0.00 818.46 10100 69649 02/23/06 APWA AMERICAN PUBLIC WORKS AS 0015551 MTG-MOLINA/GOMEZ 0.00 270.00 10100 69650 02/23/06 AMERICOM AMERICOMP GROUP INC 0014070 SUPPLIES -TONER 0.00 162.38 10100 69650 02/23/06 AMERICOM AMERICOMP GROUP INC 0014070 SUPPLIES -TONER 0.00 81.19 10100 69650 02/23/06 AMERICOM AMERICOMP GROUP INC 0014070 SUPPLIES -TONER 0.00 107.17 10100 69650 02/23/06 AMERICOM AMERICOMP GROUP INC 0014070 SUPPLIES -TONER 0.00 279.29 10100 69650 02/23/06 AMERICOM AMERICOMP GROUP INC 0014070 SUPPLIES -TONER 0.00 173.20 TOTAL CHECK 0.00 803.23 10100 69651 02/23/06 ARAMARK ARAMARK WORK APPAREL & U 0015554 UNIFORMS -ROAD MAINT 0.00 193.70 10100 69652 02/23/06 ARROYOGE ARROYO GEOTECHNICAL CORP 001 ADMIN FEE -EN 02-352 0.00 54.00 10100 69652 02/23/06 ARROYOGE ARROYO GEOTECHNICAL CORP 001 ADMIN FEE -EN 02-352 0.00 -54.00 10100 69652 02/23/06 ARROYOGE ARROYO GEOTECHNICAL CORP 001 ADMIN FEE -EN 02-343 0.00 214.20 10100 69652 02/23/06 ARROYOGE ARROYO GEOTECHNICAL CORP 001 ADMIN FEE -EN 02-343 0.00 -214.20 10100 69652 02/23/06 ARROYOGE ARROYO GEOTECHNICAL CORP 001 PROF.SVCS-EN 02-352 0.00 300.00 10100 69652 02/23/06 ARROYOGE ARROYO GEOTECHNICAL CORP 001 PROF.SVCS-EN 02-343 0.00 1190.00 TOTAL CHECK 0.00 1490.00 10100 69653 02/23/06 BENESYST BENESYST 001 02/24/06-P/R DEDUCTION 0.00 537.67 10100 69654 02/23/06 BEVACQUA RON BEVACQUA 0015350 CONTRACT CLASS -WINTER 0.00 72.00 10100 69655 02/23/06 BUSINESS BUSINESS TELECOMMUNICATI 001.4090 PH.SVCS-GENERAL 0.00 199.00 10100 69656 02/23/06 CPRSXIII CA PARKS & REC SOC -DIS X 0015350 CPRS MTG-REC STAFF 0.00 30.00 10100 69657 02/23/06 CDW-G CDW GOVERNMENT INC. 0014070 SUPPLIES-I.T 0.00 305.27 10100 69658 02/23/06 CENTERIC CENTER ICE SKATING ARENA 0015350 CONTRACT CLASS --WINTER 0.00 276.fl0 10100 69659 02/23/06 CHIENALI ALICE CHIEN 0015350 CONTRACT CLASS -WINTER 0.00 241.80 10100 69660 02/23/06 COUNTYLA COUNTY OF LOS ANGELES 001 RECORDING FEES -FPL 05- 0.00 210.00 10100 69661 02/23/06 COUNTYOF COUNTY OF SAN DIEGO 001 SLRY ATTCHMT-DN95994 0.00 407.36 10100 69662 02/23/06 MMARRIOT COURTYARD MARRIOTT 0014010 NAT LEAGUE MTG-COUNCIL 0.00 1083.19 RUN DATE 03/03/06 TIME 09:47:24 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNG. D PENTAMATION INC - F?;T•iD ACCOUNTING PACE 'NUMBER: 2 DATE 03/03/06 CITY OF DIAMOND BAi2 ACCTPA21 TIME 09:47:23 ('i.: -CK REGISTER - DISBUPSEMENT FUND SEI,FC1ION CRITERIA: transac!.ck date>'20060216 00:.x:00.0' ACCOUNTING PERIOD: 9/06 FUND - 001 - GENERAL FUND CASH .aCCT CHECK NO ISSIiE DT -------------- VEN:;OR------------- FUND/DIVTSTON -----DESCRIPTION------ SALES TAX AMOUNT 10101:1 69663 02/23/06 DJMUNICI D & J MUNICIPAL SERVICES 0015220 BLDG & SFTY SVCS 1/1-1 0.00 45196.59 10100 69664 02/23/06 DENNISCA CAROL DENNIS 0015510 PROF.SVCS-T & T MTG 0.00 100.00 10100 69665 02/23/06 DBFRIEND DIAMOND BAR FRIENDS OF T 0014095 AD -WINE SOIREE 0.00 250.00 10100 69666 02./23/06 DBMOBIL DIAMOND RAR MOBIL 0015310 FUEL -COMM SVCS 0.00 224.57 10100 69666 02/23/06 DBMOBIL DIAMOND RAR MOBIL 0015230 FUEL-NGHBRHD LMP 0.00 35_49 TOTAL CHECK 0.00 260.06 10100 69667 02/23/06 DTVERSIF DIVERSIFIED PARATRANSIT 1125553 DIAMOND RIDE -1/16-1/31 0.00 14141.38 10100 69668 02/23/06 DREWJOHN JOHN T DPLW 001 REFUND -EP 06-3433 0.00 500.00 10100 69669 02/23/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 EXPRESS MAIL -FPL 05-15 0.00 13.65 10100 69669 02/23/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 EXPRESS MAIL -PPL 05-15 0.00 13-65 10]00 69669 02/23/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 EXPRESS MAIL -FPL, 02-09 0.00 13.65 10100 69669 02/23/06 EXPRESSM EXPRESS MAIL CORPORATE A 0014090 EXPRESS MAIL -GENERAL 0.00 21.05 10100 69669 02/23/06 EXPRESSM EXPRESS lltA IL CORPORATE A 0014090 EXPRESS MAIL -GENERAL 0.00 22.20 10100 69669 02/23/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 EXPRESS MAIL -FPL 05-14 0.00 14.40 10100 69669 02/23/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 EXPRESS MAIL -FPL 05-14 0.00 14.40 10100 69669 62/23/06 EXPRESSM EXPRESS MAIL CORPORATE A 001 EXPRESS MAIL -FPL 05-14 0.00 14.40 TOTAL CHECK 0.00 127.40 10100 69670 02/23/06 FAITHCEN FAITH CENTER MINISTERIES 001 PK REFUND -DBC 2743 0.00 350.00 10100 69671 02/23/06 FOODFROM FOOD FROM THE HEARTH CAT 0015350 SR PROGRAM-V/UAY DANCE 0.00 2441.25 10100 69672 02/23/06 HYATT HYATT REGENCY SUITES PAL 1185098 ESRI TRNG-DESFORGES 0.00 333.70 10100 69673 02/23/06 HYATT HYATT REGENCY SUITES PAL 1185098 ESRI TRNG-AZIZ 0.00 138.47 10100 69674 02/23/06 GFBFRIED GFB FRIEDRICH & ASSOCIAT 1385538 LDSCAPE ASStSSMNT-01ST 0.00 638.17 10100 69674 02/23/06 GFBFRIED GFB FRIEDRICH & ASSOCIAT 1395539 LDSCAPE ASSESSMNT-DIST 0.00 638.16 10100 69674 02/23/06 GFBFRIED GFB FRIEDRICH & ASSOCIAT 1415541 LDSCAPE ASSESSMNT-DIST 0.00 638.17 TOTAL CHECK 0.00 1914.50 10100 69675 02/23/06 GLASSEYE GLASS EYE PRODUCTIONS 0014095 DHTV VIDEO-NTMP 0.00 1166.67 10100 69676 02/23/06 GOVPARTN GOVPARTNER 1185098 REQUEST PARTNER SVCS -F 0.00 850.00 10100 69677 02/23/06 GRAPHICS GRAPHICS UNITED 0014095 PRINT SVCS -NEWSLETTER 0.00 1746.28 10100 69678 02/23/06 GRIEGONA NATALIE GRIEGO 001 PK REFUND-PANTERA 273 0.00 245.00 10100 69679 02/23/06 HILTONFA HILTON FARNKOPF & HOBSON 1155515 AUDIT SVCS -SOLID WASTE 0.00 233.76 10100 69680 02/23/06 HIRSCHAS HIRSCH & ASSOCIATES INC. 2505310 CIP PROD-SYC CYN PK 0.00 138.78 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING PAGE 'NUMBER: 3 DATE: 03/03/06 CITY OF DI_MOND BAR ACCTPA21 TIM$: 09:47:23 CHECK REGISTER - DISBUPSEMENT FUND SELECTION CRITERIA: transact.ck-date>'2006C216 00.00:00.0' ACCOUNTING PERIOD: 9/06 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT -------------- VENDOR ------------- FUND DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 69681 02/23/06 HYATT HYATT REGENCY WASHINGTON 0014010 NAT LEAGUE CONF-COUNCI 0.00 1117.52 10100 69682 02/23/06 INLANDEM INLAND EMPIRE STAGES 0015350 SR EXCRSN-AGUA CALIENT 0.00 1040.00 10100 69683 02/23/06 IVDB INLAND VALLEY DAILY BULL 001 LEGAL AD -FPL 2002-09 0.00 241.20 10100 69684 02/23/06 JOEGONSA JOE A. GONSALVES & SON 10014030 LEGISLATIVE SVCS -FEB 0.00 3000.00 10100 69685 02/23/06 KVBLUEPR K&V BLUEPRINT SERVICE 1N 0015510 SUPPLIES-P/WORKS 0.00 106.96 10100 69686 02/23/06 KADKIAN KIAN KAD 001 RECREATION REFUND 0.00 85.00 10100 69687 02/23/06 LEADTECH LEAD TECH ENVIRONMENTAL 1255215 HIP PROG-20902 MOONLAK 0.00 225.00 10100 69688 02/23/06 LEAGUE LEAGUE OF CALIFORNIA CIT 0014010 LEAGUE MTG-COUNCIL 0.00 35.00 10100 69688 02/23/06 LEAGUE LEAGUE OF CALIFORNIA CIT 0014010 LEAGUE TRNG-COUNCIL 0.00 35.00 10100 69688 02/23/06 LEAGUE LEAGUE OF CALIFORNIA CIT 003.4010 LEAGUE TRNG-COUNCIL 0.00 35.00 TOTAL CHECK 0.00 105.00 10100 69689 02/23/06 LEAGUE LEAGUE OF CALIFORNIA CIT 0014010 LEAGUE MTG-COUNCIL 0.00 35.00 10100 69690 02/23/06 LEAGUE LEAGUE OF CALIFORNIA CIT 0014010 LEAGUE MTG-COUNCIL 0.00 35.00 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, 1 001 ADMIN FEE -EN 05-500 0.00 47.33 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE -EN 05-500 0.00 -47.33 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, 1001 ADMIN FEE -EN 03-397 0.00 175.50 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, 1 001 ADMIN FEE -EN 03-397 0.00 -175.50 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, 1 001 ADMIN FEE -EN 04-449 0.00 60.95 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE -EN 04-449 0.00 -60.95 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, I 001 ADMIN FEE -£N 04-449 0.00 8.46 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, 1 001 ADMIN FEE -EN 04-449 0.00 -8.46 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, I 001 PROF.SVCS-EN 04-449 0.00 46.92 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, 1 001 PROF.SVCS-EN 04-449 0.00 338.60 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, I 001 PROF.SVCS-EN 05-500 0.00 262.92 10100 69691 02/23/06 LEIGHTON LEIGHTON & ASSOCIATES, I 001 PROF -SVCS -EN 03-397 0.00 975.00 TOTAL CHECK 0.00 1623.44 10100 69692 02/23/06 LIEBERTC LIEBERT CASSIDY WHITMORE 0014060 LEGAL SVCS--H/R 0.00 936.00 10100 69693 02/23/06 LACDA LOS ANGELES COUNTY DIST. 001 SLRY ATTCHMT-BY0426064 0.00 307.82 10100 69694 02/23/06 MCDERMOT MCDERMOTT WILL & EMERY L 0014020 LEGAL SVCS -DEC 05 0.00 2231,25 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES -COMM SVCS 0.00 78.26 10100 69595 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES -COMM SVCS 0.00 3.98 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES -COMM SVCS 0.00 48.10 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES -COMM SVCS 0.00 25.53 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION IN(_ - FUND ACCOUNT'NG DATE: 03/03/06 CITY OF DIAMOND BAR TIME: 09:47:23 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transGct.ck date>';0060216 00:00:CO.O' ACCOUNTING PERIOD: 9/66 PAGE NUMBER ACCTPA21 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR------ ------ FUND/DIVISION -----DESCRIPTION--- - SALES TAX AMOUNT 10100 69695 02/23/06 OFFICI.MA OFFICEMAX CONTRACT INC 0015510 SUPPLIES-P/WORKS 0.00 227.52 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 1125553 SUPPLIES -TRANSIT 0.00 21.44 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014060 SUPPLIES--H/R 0.00 45.42 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014070 SUPPLIES -MIS 0.00 65.44 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 993.58 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT TNC 0014090 SUPPLIES -GENERAL 0.00 169.13 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 9.96 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 29.10 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 13.56 10100 69693 02/23/06 OFFICEMA OFFICEMAX CONTRACT TUC 0014090 SUPPLIES -GENERAL 0.00 17.15 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 12.20 10100 69695 02/23/06 OFFTCF.MA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 B.77 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0614090 SUPPLIES -GENERAL 0.00 89.38 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014415 SUPPLIES--`J/PATROL 0.00 6.77 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015210 SUPPLIES-PLNG 0.00 47.55 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015230 SUPPLIES-NGHBRHD IMP 0.06 149.57 10100 69695 02/23/06 OFFTCEMA OFFTCEMAX CONTRACT INC 0015333 SUPPLIES -DBC 0.00 268.12 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015333 SUPPLIES -DSC 0.00 73.37 10100 69695 02/23/06 OPPICFMA OFFICEMAX CONTRACT INC 0015333 SUPPLIES -DRC 0.00 91.51 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015333 SUPPLIES -DBC 0.00 2.34 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015333 SUPPLIES -DBC 0.00 3.82 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015333 SUPPLIES -DBC 0.00 50.60 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015333 SUPPLIES -DBC 0.00 43.69 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015333 SUPPLIES -DBC 0.00 137.01 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015333 SUPPLIES -DBC 0.00 102.91 10100 69695 02/23/06 OFFTCEMA OFFTCFMAX CONTRACT INC 0015333 SUPPLIES -DBC 0.00 12.95 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015333 SUPPLIES -DBC 0.00 99.64 10100 69695 02/23/06 OFFTCFMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES -COMM SVCS 0.00 121.87 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES --COMM SVCS 0.00 54.17 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES -COMM SVCS 0.00 17,47 10100 69695 02/23/06 OFFICEMA OFFTCEMAX CONTRACT INC 0015510 SUPPLIES-P/WORKS 0.00 59.19 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015510 SUPPLIES-P/WORKS 0.00 50.77 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 1125553 SUPPLIES -TRANSIT 0.00 48.00 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 1125553 SUPPLIES -TRANSIT 0.00 5.24 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 1125553 SUPPLIES -TRANSIT 0.00 5.71 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014060 SUPPLIES-H/R 0.00 37.45 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 56.12 10100 69695 02/23/06 OFFICEMA OFFTCEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 76.00 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 11.14 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 MEMO CREDIT -GENERAL 0.00 -23.03 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015210 SUPPLIES-PLNG 0.00 29.62 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES -COMM SVCS 0.00 405.99 10100 69695 02/23/06 OFFICEMA OFFTCEMAX CONTRACT INC 0015510 SUPPLIES-P/WORKS 0.00 21.04 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015510 SUPPLIES-P/WORKS 0.00 72.42 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 1125553 MEMO CRE'DI'T' -TRANSIT 0.00 -0.47 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES --COMM SVCS 0.00 6.93 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES -COMM SVCS 0.00 38.39 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES -COMM SVCS 0.00 21.62 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - -iJND ACCC'UNTING DATE: 03/03/06 CS_Y OF DIAMCLID BAR TIME: 09:47:23 CHECK REG'STER - DJSi?URSEMENT FUND SL'LECTION CRITERIA: t.ransact.ck date>'20060216 00:00:00.0' ACCOUNTING PERIOD: 9/fl6 PAGE NUMBER: 5 ACCTPA21 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DIVISION -----DESCRIPTION---- SALES TAX AMOUNT 70100 69695 02:23/06 OPFICEMA OFFICEMAX CONTRACT INC 0015350 SUPPLIES COMM SVCS 0.00 18.46 10100 69695 02,23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015510 SUPPLIES P/WORKS 0.00 13.00 10100 69695 02-'23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015510 SUPPLIES P/WORKS 0.00 3.34 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014010 SUPPLIES CITY COUNCI[, 0.00 35.26 10100 69695 02-23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014030 SUPPLIES C/MGR 0.00 8.41 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014030 SUPPLIES-C/MGA 0.00 23.73 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014050 SUPPLIES -FINANCE 0.00 8.44 10100 69695 02,'23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014070 SUPPLIES -MIS 0.00 1.19.55 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 326.55 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT .INC 0014090 SUPPLIES -GENERAL 0.00 497.43 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 226.56 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 33.25 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES -GENERAL 0.00 7.99 10100 69695 02/23/06 OFFTCEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES GENERAL 0.00 249.29 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015210 SUPPLIES-PLNG 0.00 145.23 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015210 SUPPLIES-PLNG 0.00 50.96 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015230 SUPPLIES-NGHBRHD IMP 0.00 20.06 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015333 SUPPLIES -DHC 0.00 115.40 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0035333 SUPPLIES -DBC 0.00 51.96 10100 69695 02/23/06 OFFICEMA OFFICEMAX CONTRACT INC 0015333 SUPPLIES DEC 0.00 82.39 TOTAL, CHECK 0.00 6101.27 10100 69696 02/23/06 OLYMPIC OLYMPIC STAFFING SERVICE 0015210 TEMP SVCS -WK 2/9 0.00 158.88 10100 69697 02/23/06 PERSHEAL PERS HEALTH OOI MAR 06 -HEALTH INS PREM 0.00 20839.64 10100 69697 02/23/06 PERSHEAL PERS HEALTH 0014090 MAR 06 -HEALTH INS PREM 0.00 129.20 10100 69697 02/23/06 PERSHEAL PERS HEALTH 0014060 MAR 06 -HEALTH INS PREM 0.00 68.88 10100 69697 02/23/06 PERSHEAL PERS HEALTH 001 MAR 06 -HEALTH INS PREM 0.00 753.10 TOTAL CHECK. 0.00 21790.82 10100 69696 02/23/06 PERSRFTT PERS RETIREMENT FUND 001 RETIRE CONTRIB-ER 0.00 332.66 10100 69698 02/23/06 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-EE 0.00 208.88 IN 00 69698 02/23/06 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 8.00 TOTAL CHECK 0.00 549.54 10100 69699 02/23/06 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIP-ER 0.00 11080.41 10100 69699 02/23/06 PERSRETI PERS RETIREMENT FUND 001 RETIRE CONTRIB-EE 0.00 6957.58 10100 69699 02/23/06 PERSRETI PERS RETIREMENT FUND 001 SURVIVOR BENEFIT 0.00 40.92 TOTAL CHECK 0.00 18078.91 10100 69700 02/23/06 PRINCESH PRINCE SHANT CORP 0015230 FUEL-NGHBRHD IMP 0.00 263.36 10100 69700 02/23/06 PRINCESH PRINCE SHANT CORP 0015554 FUEL -ROAD MAINT 0.00 228.52 10100 69700 02/23/06 PRINCESH PRINCE SHAN'T CORP 0014090 FUEL -GENERAL 0.00 240.39 10100 69700 02/23/06 PRINCESH PRINCE SHANT CORP 0015310 FUEL -COMM SVCS 0.00 617.17 TOTAL CHECK 0.00 1349.44 10100 69701 02/23/06 PTMDOCUM PTM DOCUMENT SYSTEMS 0014090 PRINT SVCS -1099 FORMS 0.00 51.74 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTr MA ION INC - FUND ACCO'.JNTING DATE: 03/03/[6 CI'T'Y OF DIAMOND BAR TIME: 09:47:.3 CHECK REGISTEF - DISBURSEMENT FUND SELECTION CR:TERIP.: transact.ck_date>'20060216 00:00:00.0' ACCOUNTING PERIOD: 9/06 PAGE: NUMBER: 6 P.CCTPA21 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING FUND - (01 - GENERAL FUND CASH ACCT CHt:CK NO ISSUE DT ------ VENDOR------------- FUND/DIVISION -----DESCRIPTION ----- SALES TAX AMOUNT 10100 69702 02/23/06 REINBERG REINBERGER PRINTWERKS 0014095 PRINT SVCS -DB CALENDAR 0.00 7014.60 10100 69703 02/23/06 REMEDY REMEDY 0015240 TEMP SVCS -WK 1/15 0.00 288.00 10100 69704 02/23/06 SGVT SAN GABRIEL VALLEY TPlBI1 001 LEGAL AD -FPL 2006-167 0-00 283.25 10100 69704 02/23/06 SGVT SAN GABRIEL VALLEY TRIBU 001 LEGAL AD -FPL 2005-161 0.00 275.72 10100 69704 02/23/06 SGVT SAN GABRIEL VALLEY TRIBU 001 LEGAL AD -FPL 2006-187 0.00 211.80 10100 69704 02/23/06 SGVT SAN GABRIEL VALLEY TRIBI, 1255215 LEGAL AD-CDBG 1/3 0.00 154.40 TOTAL CHECK 0.00 925.17 10100 69705 02/23/06 SAYEDSTE STELLA SAYED 001 RECREATION REFUND 0-00 170.00 10100 69706 02/23/06 SKATEEXP SKATE EXPRESS 0015350 CONTRACT CLASS -WINTER 0.00 192.00 10100 69707 02/23/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 54.58 10100 69707 02/23/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 68.25 10100 69707 02/23/06 SCE SOUTHERN CALIFORNIA EDIS 0615510 ELECT SVCS -TRAFFIC CON 0.00 41.31 10100 69707 02/23/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 35.46 10100 69707 02/23/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 89.84 10100 69707 02/23/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0-00 68.88 10100 69707 02/23/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 51.03 10100 69707 02/23/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0.00 105.60 10100 69707 02/23/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 ELECT SVCS -TRAFFIC CON 0-00 58.50 TOTAL CHECK 0.00 573.45 10100 69708 02/23/06 SCGAS SOUTHERN CALIFORNIA GAS 0015340 GAS SVCS -HERITAGE PK 0.00 324.37 10100 69708 02/23/06 SCGAS SOUTHERN CALIFORNIA GAS 0015333 GAS SVCS -DSC 0.00 1931.06 TOTAL CHECK 0.00 2255.43 10100 69709 02/23/06 SPORTPIN SPORT PINS INTERNATIONAL 0014095 DEPOSIT -CITY PINS 0.00 970.00 10100 69710 02/23/06 STANDARD STANDARD INSURNCE OF ORE 001 MAR 06 -LIFE INS PREMS 0.00 643.80 10100 69710 02/23/06 STANDARD STANDARD INSURNCE OF ORE 001 MAR 06-SUPP LIFE INS P 0.00 42.00 10100 69770 02/23/06 STANDARD STANDARD INSURNCE OF ORE 001 MAR 06-STD/LTD 0.00 1117.81 10100 69710 02/23/06 STANDARD STANDARD INSURNCE OF ORE 001 MAR 06 -LIFE INS PREMS 0.00 14.50 TOTAL CHECK 0.00 1818.11 10100 69711 02/23/06 STUBBIES STUBBIES PROMOTIONS 0014095 PROMO ITEMS -INFO SYS 0.00 1546.25 10100 69712 02/23/06 TELEPACI TELEPACIFIC COMMUNICATIO 0014070 Ti INTERNET SVCS -FEB 0 0.00 502.89 10100 69713 02/23/06 TENNISAN TENNIS ANYONE 0015350 CONTRACT CLASS -WINTER 0.00 3167.50 10100 69714 02/23/06 THECOMDY THE COMDYN GROUP INC 0014070 CONSULTING SVCS-I.T. 0.00 900.00 10100 6971.5 02/23/06 TITADEGU TITA DE GUZMAN INC 001 PK REFUND -DBC 27594 0.00 100.00 10100 69716 02/23/06 TOWNECEN TOWNE CENTRE TRAVEL 001 PK REFUND -DBC 27390 0.00 500.00 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGP,RD PENTAMATION INC - FUND A'COUNTING PAGE NUMBER: DATE: 03,03/06 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:47:23 CHECK EG=STER - DISBURSEMENT FUND SELECTION CRITERIA: transacL.Ck date>'20060216 00:00:00.0' ACCOUNTING PERIOD_ 9/06 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR-- -- - -- FUND/DIVISION ---DESCRIPTION------ SALES TAX AMOUNT 10100 69717 02/23/06 TRAFFTCC TRAFFIC CONTROL SERVICE 0015554 SUPPLIES -ROAD MAINT 0.00 255.00 10100 69717 02/23/06 TRAFFICC TRAFFIC CONTROL SERVICE 0015554 SUPPLIES -ROAD MAINT 0.00 76.99 10100 69717 02/23/06 TRAFFICC TRAFFIC CONTROL SERVICE 0015554 SUPPLIES -ROAD MAINT 0.00 51-.61 10100 69717 02/23/06 TRAFFICC TRAFFIC CONTROL, SERVICE 0015554 SUPPLIES -ROAD MAINT 0.00 119.2.9 TOTAL CHECK 0.00 502.89 10100 69718 02/23/06 UPS UNITED PARCEL SERVICE 0014090 EXPRESS MAIL -GENERAL 0.00 127.47 10100 69719 02/23/06 USHEALTH US HEALTHWORKS MEDICAL G 0014060 PPE -EMPLOYMENT PHYSICA 0.00 110.00 10100 69720 02/23/06 VANTAGEP VANTAGEPOINT TRANSFER AG 001 2124/06-P/R DEDUCTIONS 0.00 5688.19 10100 69721 02/23/06 VERMASEE SEEMA VERMA 001 RECREATION REFUND 0.00 37.00 10100 69722 02/23/06 VISIONIN VISION INTERNET PROVIDER 0014070 WEB HOSTING SVCS -FEB 0 0.00 150.00 10100 69723 02/23/06 WCMEDIA WEST COAST MEDIA 0014095 All -FEB 06 0.00 475.00 10100 69724 03/01/06 LEAGUE LEAGUE OF CALIFORNIA CIT 0014010 LEAGUE TRNG-COUNCIL 0.00 35.00 10100 69725 03/01/06 CHINOPOS US POSTAL SERVICE 0014095 POSTAGE -BULK MAIL 0.00 5000.00 10100 69726 03/02/06 ADELPHIA ADELPHIA 0015340 INTERNET SVCS -HERITAGE 0.00 39.95 10100 69727 03/02/66 ALBERTSO ALBERTSONS 0015350 SUPPLIES -COMM SVCS 0.00 43.62 10100 69728 03/02/06 ANGELICH CHRISTINE ANN ANGELI 0015350 CONTRACT CLASS -WINTER 0. GO 4S-00 10100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015310 UNIFORM SVCS -COMM SVCS 0.00 13.76 10100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015554 UNIFORM SVCS -ROAD MAIN 0.00 12.99 10100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015310 UNIFORM SVCS -COMM SVCS 0.00 13.16 10100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015554 UNIFORM SVCS -ROAD MAIN 0.00 12.99 10100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015310 UNIFORM SVCS -COMM SVCS 0.00 13.76 10100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015554 UNIFORM SVCS -ROAD MAIN 0.00 12.99 10100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015310 UNIFORM SVCS -COMM SVCS 0.00 13.76 10100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015554 UNIFORM SVCS -ROAD MAIN 0.00 12.99 10100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015310 UNIFORM SVCS -COMM SVCS 0.00 13.76 10100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015554 UNIFORM SVCS -ROAD MAIN 0.00 12.99 10100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015310 UNIFORM SVCS -COMM SVCS 0.00 13.76 1.0100 69729 03/02/06 ARAMARK ARAMARK WORK APPAREL & U 0015554 UNIFORM SVCS -ROAD MAIN 0.00 12.99 TOTAL CHECK 0.00 160.50 10100 69730 03/02/06 AWARDSBY AWARDS BY CATHEY 0015350 SUPPLIES -COMM SVCS 0.00 172.40 10100 69731 03/02/06 BASHFORD SASHFORD ENTERPRISES 1255215 HIP PROG-20902 MOONLAK 0.00 976.97 10100 69732 03/02/06 BLANKENH JANICE BLANKENHORN 001 RECREATION REFUND 0.00 40.00 RUN DATE 03/03/06 TIME 09:47.25 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING PAGE NUMBER: 8 DATE: 03/03/06 CITY OF DIAMOi1D BAR ACCTPA21 I'I."IE: 09:47:23 CHECK REGISTER - DIS 3UPSEMENT FUNI] SELECTION CRITERIA: transacL-ck date>'20060216 09:60:00.0' ACCOUNTING PERIOD: 9/C6 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT VENDOR ------------- FUND/DIVISION -----DESCRIPTION------ SALES TAX AMO[INT 10100 69733 03%02/06 CATABALL CATALJNA BALLAST BULB CO 0015333 SUPPLIES -DBC 0.00 48.71 10100 69733 03/02/06 CATABALL CATALINA BALLAST BULB CO 0015340 SUPPLIES -PARKS 0.00 193.61 TOTAL CHECK 0.00 242.32 0100 69734 03/02/06 CCACIIMC CCAC-1IMC 0014030 PUBLICATIONS-CMGR 0.00 25.00 L0100 69735 03/02/06 CHINOLUM CHINO LZ!MBRR & HARDWARE 0015340 SUPPLIES SYC CYN PK 0.00 92.41 10100 69736 03/02/06 CINGULAR LINGULAR WIRELESS 001.4090 CELL CHRGS-POOL VEH 0.00 13.94 10100 69736 03/02/06 CINGULAR CINGULAR WIRELESS 0014090 CELL CHRGS-POOL VEH 0.00 10.87 10100 69736 03/02/06 CINGULAR CINGULAR WIRELESS 0014090 CELL CHRGS-POOL VEH 0-00 13.85 TOTAL CHECK 0.00 38.66 10i00 69737 03/02/06 CSLEGACY CS LEGACY CONSTRUCTION 12505310 CONTRCTN-SYC CYN TRAIL 0.00 23054.09 10100 69738 03/02/06 DAPEERRO DAPEER ROSENBLIT & LITVA 0015230 LEGAL SVCS -DEC 05 0.00 5213.73 10100 69738 03/02/06 DAPEERRO DAPEER ROSENBLIT & LITVA 001.5230 LEGAL SVCS -SAN 06 0.00 2399.41 TOTAL CHECK 0-00 7613.14 10100 69739 03/02/06 DAYNITEC DAY & NTTE COPY CENTER 001 PRINT SVCS -FPL 2002-09 0.00 45.69 10100 69739 03/02/06 DAYNITEC DAY & N1TE COPY CENTER 001 PRINT SVCS FPL 2002-09 0.00 5.14 10100 69739 03/02/06 DAYNITEC DAY & NITE COPY CENTER 0015350 PRINT SVCS SR NEWSLTTR 0.00 45.47 TOTAL CHECK 0.00 96.30 10100 69740 03/02/06 DENNISCA CAROL DENNIS 0014030 PROF.SVCS-CC/SS MTG 0.00 450.00 10100 69741 03/02/06 DESMONDM DESMOND, MARCELLO & AMST 0015240 PROF.SVCS-D/B HONDA SI 0-00 1650.00 10100 69742 03/02/06 DBBREAKF DIAMOND BAR BREAKFAST LI 0015350 REIMS -SUPPLIES 0.00 25.93 101.00 69742 03/02/06 DBBREAKF DIAMOND BAR BREAKFAST LI 0015350 REIMB-SUPPLIES 0.00 403.64 TOTAL CHECK 0.00 429.57 10100 69743 03/02/06 DBCHAMBE DIAMOND BAR CHAMBER OF C 0014095 AD -MEMBERSHIP DIRCTRY 0.00 2500.00 10100 69743 03/02/06 DBCHAMBE DIAMOND BAR CHAMBER OF C 0015240 CONTRACT SVCS -FEB 06 0.00 2000.00 TOTAL CHECK 0.00 4500.00 10100 69744 03/02/06 DBDELI DIAMOND BAR INTERNATIONA 0015310 SUPPLIES -COMM SVCS 0.00 95.00 10100 69745 03/02/06 EVERGREE EVERGREEN INTERIORS 0014090 INSTALL -PLANTS LIBRAR 0.00 1450.00 10100 69746 03/02/06 EXECUTIV EXECUTIVE PROMOTIONAL PR 0014095 PROMO ITEMS -DSC 0.00 530.66 10100 69747 03/02/06 FIRSTREG FIRST REGIONAL BANK 250 RETENTION PAYABLE-SEQU 0.00 10279.91 10100 69748 03/02/06 GATEWAYF GATEWAY FRIENDS CHURCH 001 PK REFUND -HERITAGE 27 0.00 50.00 10100 69749 03/02/06 HAJUSTIN JUSTIN HA 001 PK REFUND -DBC 27242 0.00 500.00 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING PAGE NUMBER: 9 DATE: 03/03/06 CITY OF DIAMOND BAR '7%CCTPA21 TIME: 04:47:23 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: transact.ck date>'20060216 00:00:00.0' ACCOUNTING PERIOD: 9/06 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------- FUND/DIVISION --- DESCRIPTION------ SALES TAX AMOUNT 10100 69749 03/02/06 HAJUSTIN JUSTIN HA 001 REFUND -INSURANCE 0.00 181.80 TOTAL CHECK 0.00 681.80 10100 69750 03/02/06 HALLFORE HALL & FOREMAN, INC_ 0015510 PROF.SVCS-INSPECTIONS 0.00 3447.50 10100 69750 03/02/06 HALLFORE HALL & FOREMAN, INC. 0015510 PROF.SVCS-INSPECTIONS 0.00 1027.50 10100 69750 03/02/06 HALLFORE HALL & FOREMAN, INC. 001 PROF.SVCS-PLAN CHECK 0.00 3248.83 10100 69750 03/02/06 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECK 0.00 8020.00 10100 69750 03/02/06 HALLFORE HALL & FOREMAN, INC. 0015551 PROF.SVCS-PLAN CHECKS 0.00 5793.67 TOTAL CHECK 0.00 21537.50 10100 69751 03/02/06 INLAEMPI INLAND EMPIRE MAGAZINE 0014095 AD -MAR 06 0.00 895.00 10100 69752 03/02/06 1NLANDR0 INLAND ROUNDBALL OFF'ICIA 0015350 OFFICIAL SVCS-JAN/FEB 0.00 2476.50 10100 69753 03/02/06 KASHIWAB SUSAN KASHIWABARA 001 PK REFUND-PANTERA 2756 0.00 200.00 10100 69754 03/02/06 KOHLISHE SHELLY KOHLI 001 PK REFUND -DBC 2759 0.00 500.00 10100 69755 03/02/06 KUPKECHR CHRISTINE KUPKE 001 RECREATION REFUND 0.00 53.00 10100 69756 03/02/06 LACREGIS L A COUNTY REGISTRAR REC 2505310 FEE-SYC CYN TRAIL 0.00 36.00 10100 69757 03/02/06 LANDAMER LANDAMERICA GATEWAY TITL 1255215 HIP PROG-21223 SILVER 0.00 70.00 10100 69758 03/02/06 IARRYSDE LARRY AGUILAR 0014095 PROMO ITEMS-D/B DECALS 0.00 1151.85 10100 69759 03/02/06 LATINWOE ERIKA LATINWO 001 PK REFUND -HERITAGE 0.00 200.00 10100 69760 03/02/06 LEAGUE LEAGUE OF CALIFORNIA CIT OOJ4090 MEMBERSHIP DUES -2006 0.00 15327.00 10100 69761 03/02/06 LASHERIF LOS ANGELES COUNTY SHERI 0014411 CALVARY CHAPEL -JAN 06 0.00 6521.03 10100 69761 03/02/06 LASHERIF LOS ANGELES COUNTY SHERI 0014411 SPCL EVENT-TRFFC SCHL 0.00 2413.32 10100 69'761 03/02/06 LASHERIF LOS ANGELES COUNTY SHERI 0014411 STAR DEPUTY SVCS -JAN 0 0.00 8698.98 10100 69761 03/02/06 LASHERIF LOS ANGELES COUNTY SHERI 0034411 CONTRACT SVCS -JAN 06 0.00 348497,22 TOTAL CHECK 0.00 366130,55 10100 69762 03/02/06 MACADEF MACADEE ELECTRICAL CONST 2505510 TRFFC IMPRV-D/B/MAPLE 0.00 51666.65 10100 69762 03/02/06 MACADEE MACADEE ELECTRICAL CONST 2505510 TRFFC IMPRV-D/B/C/SPRN 0.00 63148.12 TOTAL CHECK 0.00 114814.77 10100 69763 03/02/06 MANAGEDH MANAGED HEALTH NETWORK 007 MAR 06 -EAP PREMIUMS 0.00 134.00 10100 69764 03/02/06 MARTINDA CAROL MARTINDALE 001 PK REFUND -HERITAGE 27 0.00 200.00 10100 69765 03/02/06 MCDERMOT MCDERMOTT WILL & EMERY L 0014020 LEGAL SVCS -JAN 06 0.00 3834.05 10100 69766 03/02/06 MISSDIAM MISS DIAMONDBAR PAGEANT 0114010 COMM ORG SUPPORT FUND 0.00 1500.00 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING Sl;NGARD PENTAMATION -NC - FUND ACCOUNTING PAGE NUMBER: 10 DATE: 03/:)3/06 CITY OF DIPMOND BAR ACCTPA21 TIME: 09:47:23 CHECI R::GISTER - DISBURSEMENT FUND SELECTION CRITERIA: t.ransact.ck date>'20060216 00:0C:iiO.f:' ACCOUNTING PERIOD: ',/06 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT -------------- VENDOR ------------- FUND/DIVISION -----DESCRIPTION------ SALES TAX AMOUNT 10100 69767 03/02/06 NATIONAL NATIONAL BUSINESS FURNIT 0015210 FURNITURE-COMM DEV 0.00 2346.63 10100 69767 03/02%06 NATIONAL NATIONAL BUSINESS FURNIT 0015210 INSTALL SVCS-COMM DRV 0.00 206.25 TOTAL CHECK 0.00 2552.88 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014030 SUPPLIES-CMGR 0.00 230.45 10100 69768 03/02/06 OFFICEMA OFFTCEMAX CONTRACT INC 0014030 SUPPLIES-CMGR 0.0O 42-07 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014050 SUPPLIES-FINANCE 0.00 67.54 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014060 SUPPLIES-H/R 0.00 22.86 10100 69768 03/02/06 OFFICEMA OFFTCFMAX CONTRACT INC 0014070 SUPPLIES-MIS 0.00 357.60 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014070 SUPPLIES-MIS 0.00 32.03 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES-GENERAL 0.00 30.65 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES-GENERAL 0.00 213.68 10300 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES-GENERAL 0.00 0.19 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES--GENERAL 0-00 15.56 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES-GENERAL 0.00 275.25 10100 69768 03/02/06 OFFICEMA OFFTCEMAX CONTRACT INC 0014090 SUPPLIES-GENERAL 0.00 31.30 10100 69768 03/02/06 OFFICEMA OFFTCEMAX CONTRACT INC 0014090 SUPPLIES-GENERAL 0.00 21.82 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES-GENERAL 0.00 3.72 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES-GENERAL 0.00 474.72 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES-GENERAL 0.00 2.44 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014090 SUPPLIES-GENERAL 0-00 36-22 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0014440 SUPPLIES-£MER PREP 0.00 65.57 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0015210 SUPPLIES-PLNG 0.00 25.73 10100 69768 03/02/06 OFFICEMA OFFICEMAX CONTRACT INC 0015210 SUPPLIES-PLNG 0.00 1.81 TOTAL CHECK 0,00 1951.21 10100 69769 03/02/06 OLYMPIC OLYMPIC STAFFING SERVICE 0015210 TEMP SVCS-WK 12/20 0.00 158.88 10100 69770 03/02/06 PASCUAAL ALAN PASCUA 001 PK REFUND-PANTERA 0.00 200.00 10100 69770 03/02/05 PASCUAAL ALAN PASCUA 001 PK REFUND-PANTERA 0.00 22.50 TOTAL CHECK 0.00 222.50 10100 69771 03/02/06 PORTERPA PAULA PORTER 001 PK REFUND-HERITAGE 27 0.00 50.00 10100 69772 03/02/06 PSI PROTECTION SERVICE INDUS 0015333 ALARM SVCS-DBC MAR 0.00 50.00 10100 69772 03/02/06 PSI PROTECTION SERVICE INDUS 0015340 FIRE ALARM-HERITAGE 0.00 74.76 TOTAL CHECK 0.00 124.76 10100 69773 03/02/06 PURKISSR PURKISS ROSE RSI 2505310 ADA PROJ-PAUL GROW 0.00 2113.50 10100 69774 03/02/06 RALPHS RALPHS GROCERY/FOOD 4 LE 0015350 SUPPLIES-DAY CAMP 0.00 33.00 10100 69775 03/02/06 PENAISSA RENAISSANCE 0014030 NAT LEAGUE CONF-DOYLE 0.00 1213.70 10100 69776 03/02/06 REPUBLIC REPUBLIC ELECTRIC 0015554 TRAFFIC SIGNAL MAINT--F 0.00 9250.00 10100 69776 03/02/06 REPUBLIC REPUBLIC ELECTRIC 0015554 TRAFFIC SIGNAL MAINT-J 0.00 3108.00 10100 69776 03/02/06 REPUBLIC REPUBLIC ELECTRIC 0015554 TRAFFIC SIGNAL MAINTJA 0.00 3194.97 TOTAL CHECK 0.00 15552.97 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING PAGE NUMBER: 11 DATE: 03/03/06 CITY OF DIAMOND _i,-,R ACCTi'A21 TIME.: 09:47:23 .'HECK REGISTER - DISBURlEMENT FUND SELECTION CRITERIA: trar:sact.cx date>'20060216 00:00:10.0' ACCOUNTING PERIOD: 9/0f; FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VF,NDOR------------- FUND/"iVISION ----- DESCRIS'TION------ SALES TAX AMOUNT 10100 69777 03/02/66 SCAN SCAN 0014030 SCAN NATOA MTG-DOYLR 0.00 15.00 7.0100 69778 03/02/06 SEQUELCO SEQUEL CONTRACTORS INC 250 RETENTION PAYABLES-SEQ 0.00 -10279.91 10100 69778 03/02/06 SEQUELCO SEQUEL CONTRACTORS INC 2505510 CONSTRUCTION-GRAND AVE 0.00 102799.14 TOTAL CHECK 0.00 92519.23 10100 69779 03/02/06 SHAMIMAM AMBREEN SHAMIM 001 PK REFUND-DBC 27707 0.00 500.00 10100 69779 03/02/06 SHAMIMAM AMBREEN SHAMIM 001 PROPERTY DAMAGE-DSC 0.00 -212.00 TOTAL CHECK 0.00 288.00 10100 69780 03/02/06 SINGHBAH BAHADUR SINGH 001 PK REFUND-DBC 27425 0.00 500-00 10100 69780 03/02/06 SINGHBAH BAHADUR SINGH 001 PROPERTY DAMAGE-DBC 0.00 -100.00 TOTAL CHECK 0.00 400.00 10100 69781 03/02/06 SCAQMD SO COAST AIR QUALITY MGT 0014090 LEASE-CITY HALL MAR 0.00 21204.75 10100 69782 03/02/06 SCE SOUTHERN CALIFORNIA EDIS 1385538 ELECT SVCS-DIST 38 0.00 39.80 10100 69783 03/02/06 SCE SOUTHERN CALIFORNIA EDIS 0015510 RELOC-ELECT TOWER 0.0-0 162958.44 10100 69784 03/02/06 SPSI SPSI -- SEMPER PARATUS SE 0014440 TRNG-YANOW 5/15-5/17 0.00 325.00 10106 69785 03/02/06 STANPOOR STANDARD AND POORS 0014090 RATING SVCS-REVENUE BO 0.00 2000.00 10100 69786 03/02/06 THEKOSMO THE KOSMONT COMPANIES 0015240 CONSULTANT SVCS-JAN 06 0.00 2737.50 10100 69787 03/02/06 TONGDAVI DAVID TONG 001 PK REFUND--HERITAGE 0.00 50.00 10100 69787 03/02/06 TONGDAVI DAVID TONG 001 SPECIAL EVNTS INS 0.00 122.46 TOTAL CHECK 0.00 172.46 10100 69788 03/02/06 TOSHIBAB TOSHIBA BUSINESS SOLUTIO 0015333 COPIER MAINT-FES/MAR 0.00 56.82 10100 69789 03/02/06 TREVINOL LYNN TREVINO 001 PK REFUND-HERITAGE 274 0.00 200.00 101.00 69790 03/02/06 TRUGREEN TRUGREEN LANDCARE 0015340 LNDSCAPE MAINT-PARKS 0.00 768.51 10100 69790 03/02/06 TRUGREEN TRUGREEN LANDCARE 1385538 LNDSCAPE MAINT-DIST 38 0.00 2906.07 10100 69790 03/02/06 TRUGREEN TRUGREEN LANDCARE 1395539 LNDSCAPE MAINT-DIST 41 0.00 1558.46 10100 69790 03/02/06 TRUGREEN TRUGREEN LANDCARE 0015340 INSTALL SAND-HERITAGE 0.00 2240.00 10100 69790 03/02/06 TRUGREEN TRUGREEN LANDCARE 0015340 LANDSCAPE MAINT-PARKS 0.00 1239.81 10100 69790 03/02/06 TRUGREEN TRUGREEN LANDCARE 0015340 LANDSCAPE MAINT-PARKS 0.00 891-62 10100 69790 03/02/06 TRUGREEN TRUGREEN LANDCARE 0015340 LANDSCAPE MAINT-PETERS 0.00 3500.00 10100 69790 03/02/06 TRUGREEN TRUGREEN LANDCARE 0015340 LANDSCAPE MATNT-PARKS 0.00 734.51 10100 69790 03/02/06 TRUGREEN TRUGREEN LANDCARE 1385538 LANDSCAPE MAINT-DIST 3 0.00 706.11 10100 69790 03/02/06 TRUGREEN TRUGREEN LANDCARE 1385538 LANDSCAPE MAINT-DIST 3 0.00 1500.00 TOTAL CHECK 0.00 16045-09 10100 69791 03/02/06 UNITEDSI UNITED SITE SERVICES OF 0015340 EQ RENTAL-LORBEER SCHL 0.00 292.23 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAMATION INC - FUND ACCOUNTING PAGE NUMBER: 12 DATE: 03/03/06 CITY OF DIAMOND BAR ACCTPA21 TIME: 09:47:23 CHECK REGISTER - DISBURSEMENT FUND SELECTION CRITERIA: t.ransact.ck_date>'20060216 00:00:00.0' ACCOUNTING PERIOD: 9'06 FUND - 001 - GENERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR ---- FUND/DIVI:SION -----DESCRIPTION----- SALES TAX AMOUNT ;0100 69792 03/02/06 VERIZONC VERIZON CALIFORNIA 0015340 PH.SVCS-SYC CYN PK 0.00 90.06 10100 69793 03/02/06 VERIZONW VERIZON WIRELESS -LA 0014030 CELL CHRGS-CMGR 0.00 42.41 10100 69793 03/02/06 VERI70NW VERIZON WIRELESS -LA 0014440 CELL CHRGS-EOC 0.00 115.29 10100 69793 03/02/06 VERIZONW VERIZON WIRELESS -LA 0014090 CELL CHRGS-GENERAL 0.00 38-43 10100 69793 03/02/06 VERIZONW VERIZON WIRELESS -LA 0014090 CELL CHRGS-GENERAL 0.00 36.53 10100 69793 03/02/06 VERIZONW VERIZON WIRELESS -LA 0014070 CELL CHRGS-DESFORGES 0.00 65.26 TOTAL CHECK 0.00 297.92 30100 69794 03/02/06 VERMONTS VERMONT SYSTEMS INC 1185098 WEB TRAC MAINT-JAN-JUN 0.00 1064.25 10100 69794 03/02/06 VERMONTS VERMONT SYSTEMS INC 1185098 PHONE TRNG-FEB 06 0.00 95.00 TOTAL CHECK 0.00 11.59.25 10100 69795 03/02/06 VISIONCO VISION COMMUNICATION CO 0015333 SUPPLIES -DBC 0.00 434.34 10100 69796 03/02/06 VSP VISION SERVICE PLAN 001 MAR 06 -VISION PREMS 0.00 1107-58 10100 69796 03/02/06 VSP VISION SERVICE PLAN 001 MAR 06 -COBRA VISION 0.00 46.77 10100 69796 03/02/06 VSP VISION SERVICE PLAN 001 MAR 06 -VISION PREMS 0.00 8.11 10100 69796 03/02/06 VSP VISION SERVICE PLAN 001 MAR 06 -VISION PREMS 0.00 18.12 TOTAL CHECK 0.00 1180.58 10100 69797 03/02/06 GRAINGER W.W. GRAINGER INC. 0015340 MAINT-PETERSON PK 0.00 34.72 10100 69798 03/02/06 WELLSFAR WELLS FARGO BANK 0014030 MTG-DOYLE 0.00 56.11 10100 69799 03/02/06 WELLSFAR WELLS FARGO BANK 0014030 MTGS-CMGR 0-00 33.19 10100 69799 03/02/O6 WELLSFAR WELLS FARGO BANK 0014010 NAT LEAGUE CONP-COUNCI 0.00 335.00 TOTAL CHECK 0.00 368.19 10100 69800 03/02/06 WELLSFAR WELLS FARGO BANK 0014010 MTGS-COUNCIL 0.00 37.28 10100 69800 03/02/06 WELLSFAR WELLS FARGO BANK 0014010 CONE -COUNCIL 0.00 519.89 TOTAL CHECK 0.00 557.17 10100 69801 03/02/06 WRIGHTP PAUL WRIGHT 0014090 A/V SVCS-MTGS 0.00 385.00 10100 69802 03/02/06 YUJANE JANE YU 001 PK REFUND-REAGAN 2792 0.00 100.00 10100 000001 07/28/08 UNIONBAN UNION BANK OF CALIFORNIA 0014090 DBC -DEBT SVC PMT 0-00 38016.59 10100 06 -PP 04 02/23/06 PAYROLL PAYROLL TRANSFER 001 P/R TRANSFER-06/PP 04 0.00 102776.79 16100 06 -PP 04 02/23/06 PAYROLL PAYROLL TRANSFER 112 P/R TRANSFER-06/PP 04 0.00 3106.53 10100 06 -PP 04 02/23/06 PAYROLL PAYROLL TRANSFER 115 P/R TRANSFER-06/PP 04 0.00 1417.14 10100 06 -PP 04 02/23/06 PAYROLL PAYROLL TRANSFER 118 P/R TRANSFER-06/PP 04 0.00 609.55 10100 06 -PP 04 02/23/06 PAYROLL PAYROLL TRANSFER 125 P/R TRANSFER-06/PP 04 0.00 529.92 10100 06 -PP 04 02/23/06 PAYROLL PAYROLL TRANSFER 138 P/R TRANSFER-06/PP 04 0.00 859.43 10100 06 -PP 04 02/23/06 PAYROLL PAYROLL TRANSFER 139 P/R TRANSFER-06/PP 04 0.00 859.46 10100 06 -PP 04 02/23/06 PAYROLL PAYROLL TRANSFER 141 P/R TRANSFER-06/PP 04 0-00 859.48 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING SUNGARD PENTAt7ATION _NC - FUND ACCOUNTING DATE: 03/03/06 CITY OF DIAMOND BAR TIME: 09:47:21 CHECK REGISTER DISBURSEMENT FUND SELECTION CRI'I'ERrA: cransact.ck_date>'2006'd% 6 00:00:00.0' ACCOUNTING PERIOD: 9/06 FUND - 002 - GEEIERAL FUND CASH ACCT CHECK NO ISSUE DT --------------VENDOR------------ - FUND/DIVISION TOTAL CHECK TOTAL CASH ACCOIJNT TOTAL FUND TOTAL REPORT Pr.GR NUMBER: 13 AICTPA21 ----- DF.SCPIPTION ------ SALES TF.X AMOUNT 0.00 111018.30 0.00 1232864.68 0,00 1232864.68 0.60 1232864.68 RUN DATE 03/03/06 TIME 09:47:25 SUNGARD PENTAMATION INC - FUND ACCOUNTING 11 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag TITLE: Treasurer's Statement — January 2006 RECOMMENDATION: Approve the January 2006, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 5 , 5 Meeting Date: Mar. 7, 2006 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances, and the effective yield earned from investments. This statement also includes a separate investment portfolio report which details the activities of the investments. All investments have been made in accordance with the City's Investment Policy. PREPARED BY: Linda G. Magnuson, Finance Director 44-- �j Aqoaz�� DepartmbIHead Attachments: Treasurer's Statement, Investment Portfolio Report fV Deputy City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT January 31, 2006 SUMMARY OF CASH: BEGINNING TRANSFERS EN171PiG ($24,599.29) BALANCE RECEIPTS DISBURSEMENTS IN OUT BALANCE GENERAL FUND $25,346,185.10 $3,903,441.32 $1,174,720.31 $28,074,906.11 LIBRARY SERVICES FUND 0.00 ($12,865.68) INVESTMENTS: 0.00 COMMUNITY ORG SUPPORT FD (3,339.68) LOCAL AGENCY INVESTMENT FD 28,324,752.80 (3,339.68) GAS TAX FUND 711,731.71 5,706.20 FED HOME LOAN BANK NOTE - 1.5 yr 717,437.91 TRANSIT TX (PROP A) FD 1,117,107.52 275,248.41 586,841.15 805,514.78 TRANSIT TX (PROP C) FD 1,013,325.53 163,336.23 1,000,000.00 1,176,661.76 ISTEA Fund 0.00 LOCAL AGENCY INVESTMENT FD 0.00 INTEGRATED WASTE MGT FD 539,211.46 48,090.56 23,164.70 564,137.32 A82928 -TR CONGESTION RELIEF FD 74,336.99 47,766.54 122,103.53 AIR QUALITY IMPRVMNT FD 88,527.06 1,060.49 4,350.50 85,237.05 PROP A - SAFE PARKS ACT FUND (2,016.41) (2,016.41) PARK & FACILITIES DEVEL. FD 1,915,147.61 14,130.04 1,929,277.65 COM DEV BLOCK GRANT FD (81,016.38) 15,268.00 12,912.15 (78,660.53) CITIZENS OPT -PUBLIC SAFETY FD 302,372.85 2,110.82 5,633.03 298,850.64 NARCOTICS ASSET SEIZURE FD 322,344.35 2,378.27 324,722.62 CA LAW ENFORCEMENT EQUIP PRG 72,953.14 538.25 73,491.39 LANDSCAPE DIST #38 FD (70,150.27) 28,669.60 26,773.41 (68,254.08) LANDSCAPE DIST #39 FD 161,558.80 17,537.79 17,688.34 161,408.25 LANDSCAPE DIST #41 FD 204,961.93 14,560.70 9,640.33 209,882.30 GRAND AV CONST FUND 0.00 0.00 CAP IMPROVEMENT PRJ FD (1,207,683.21) 28,294.24 420,335.94 (1,599,724.91) SELF INSURANCE FUND 1,360,272.09 10,035.90 6,909.00 1,363,398.99 EQUIPMENT REPLACEMENT FUND 139,949.31 1,380.00 141,329.31 COMPUTER REPLACEMENT FUND 31,684.09 233.77 31,917.86 PUBLIC FINANCING AUTHORITY FUN275 681.01 1,727.28 33,431.90 243 976.39 TOTALS $32 313,144.60 $4 581,514.41 $2,322,400.76 $0.00 $34 572 258.25 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($24,599.29) PAYROLL ACCOUNT 10,983.61 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($12,865.68) INVESTMENTS: US TREASURY Money Market Acct. $1,016,394.74 LOCAL AGENCY INVESTMENT FD 28,324,752.80 FED HOME LOAN BANK NOTE - 1.0 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 1.5 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 2.0 yr 1,000,000.00 FED FARM CREDIT NOTE - 2.5 yr 1,000,000.00 FED HOME LOAN SANK NOTE - 1.5 yr 1,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 242,309.29 LOCAL AGENCY INVESTMENT FD 1,667.10 (Bond Proceeds Account) TOTAL INVESTMENTS 34,585,123.93 TOTAL CASH $34472,258.25 !Vote: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estim d expenditures. Linda C. Lowry, Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of January 2006 11 Monthly Interest Purchase Maturity Amount Market Interest Received Institution Investment Type Rating Date Date Term At Cost Value Accrued in Jan '06 Rate Yield State of California Local Agency Inv Fund AAA 28,324,752.80 28,255,699.29 93,353.66 251,372.83 3.955% 3.955% Wells Fargo Bank US Treasury Money Market AAA 1,016,394.74 1,016,394.74 - 4,437.19 3.320% 3.320% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 242,309.29 242,309.29 - 387.08 3.840% 3.840°/% Union Bank -(Fiscal Agent) Local Agency Inv Fund AAA 1,667.10 1,667.10 5.90 1,396.04 4.250% 4.250% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/29/05 09/29/06 1.0 Yr 1,000,000.00 994,900.00 3,625.00 4.350% 4.350% (1) Wells Fargo Inst Securities Federal Home Loan Note AAA 10/20/05 04/20/07 1.5 Yr 1,000,000.00 993,500.00 3,541.67 4.250% 4.250% (2) Wells Fargo Inst Securities Federal Home Loan Note AAA 09/28/05 09/28/07 2.0 Yrs 1,000,000.00 992,300.00 3,375.00 4.050% 4.050% (3) Wells Fargo Inst Securities Federal Farm Credit Note AAA 09/27/05 03/27/08 2.5 Yrs 1,000,000.00 992,400.00 3,783.33 4.540% 4.540% (4) Wells Fargo Inst Securities Federal Home Loan Note AAA 11/09/05 05/09/07 1.5 Yrs 1,000,000.00 994,500.00 3,833.33 4.600% 4.600% (5) Totals for month $ 34,585,123.93 $ 34,483,670.42 $ 111,517.90 $ 257,593.14 Less Investments matured during the month 0.00 0.00 Investment Portfolio at 01/31/06 $ 34,585,123.93 $ 34,483,670,42 2004-05 Actual Interest Income $687,186.07 2005-06 Budgeted Interest Income $517,500.00 Actual Year -To -Date Interest Income $535,202.14 Percent of Interest Received to Budget 103.421% (1) Callable 12/29/05 (2) Callable 04/20/06 (3) Callable 10/28/05 (4) Callable 12/27/05 (5) Callable 12/09/05 11 CITY COUNCIL Agenda # 6.6 Meeting Date: 03/07/06 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager w9k.111, TITLE: APPROVAL OF AMENDMENT #4 IN THE AMOUNT NOT TO EXCEED $47,000 TO CONTRACT WITH VALLEYCREST LANDSCAPE MAINTENANCE TO REFURBISH LOWER ATHLETIC FIELD AT SUMMIT RIDGE PARK, INCLUDING RE- GRADING OF FIELD, REFURBISHING OF IRRIGATION SYSTEM AND INSTALLATION OF NEW SOD; AND APPROVAL OF A GENERAL FUND APPROPRIATION OF $40,000 TO SPEND A $40,000 RETENTION FORFEITURE FROM KPRS FOR CONSTRUCTION OF THE DIAMOND BAR CENTER. Recommendation: Approve and Appropriate Financial Impact: $40,000 of this cost is available from the retention held by the City from the contract of KPRS. The remaining $7,000 is available in the adopted 2005106 FY budget. Background: The scope of services included in the contract with KPRS for the construction of the Diamond Bar Center included restoration of the lower athletic field at Summit Ridge Park to the condition that existed prior to construction. KPRS failed to follow the plans and specifications for this portion of the project and the work performed by KPRS was never accepted by City staff. For the past two years, staff has negotiated in good faith with KPRS representatives to seek resolution of this issue. In September 2005, KPRS began to perform restoration work as negotiated with staff, but it became immediately apparent that KPRS was again deviating from the approved plan. Staff stopped the work being performed by KPRS and the lower athletic field has sat in a torn up condition ever since. Additional negotiations with KPRS representatives have failed to achieve an acceptable resolution. Staff, therefore, solicited bids from qualified contractors to complete this work. Discussion: Staff received bids from four (4) qualified contractors for this work ranging from a low of $47,000 to a high of $57,650. ValleyCrest Landscape Maintenance submitted the low bid. Scope of work includes: 1. Removal and disposal of torn up grass and dirt. 2. Rough grading and finish grading of site. 3. Up -grade of irrigation system including new rotor turf heads. 4. Providing and planting seven (7) 24" box trees. 5. Providing and planting 35,000 sq. ft. new athletic field sod. This work will commence as soon as weather permits. After the work starts, it should take no more than 30 calendar days to complete. The first $40,000 of the cost will be paid from the KPRS retention now being held by the City. The remaining $7,000 will be paid from Parks Maintenance operating funds already in the adopted 2005106 budget. Attachments: Contract Agreement dated April 8, 2003 Amendment #4 dated March 7, 2006 REVIEWE Community Services Director AMENDMENT #4 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 7th day of March, 2006 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and VALLEYCREST LANDSCAPE MAINTENANCE, ("CONTRACTOR") Recitals: a. CITY awarded a contract to CONTRACTOR for Landscape Maintenance services at locations listed in Exhibit A effective April 1, 2003. b. The CITY has regularly extended its Landscape Maintenance Contract with CONTRACTOR, most recently for the period of July 1, 2005 through June 30, 2006 in the lump sum amount of $217,680. C. Parties desire to amend the contract to authorize CONTRACTOR to perform the following scope of work at Summit Ridge Park in the amount not to exceed $47,000: 1. Remove and dispose of torn up grass and dirt. 2. Rough grade and finish grade project site. 3. Up -grade irrigation system to include new rotor turf heads. 4. Provide and plant seven (7) 24" box trees. 5. Provide and plant 35,000 sq. ft. new athletic field sod. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section I Scope of Work of the AGREEMENT provided in Section 1 is revised to authorize CONTRACTOR to perform the following work at Summit Ridge Park in the amount not to exceed $47,000: 1. Remove and dispose of torn up grass and dirt. 2. Rough grade and finish grade project site. 3. Up -grade irrigation system to include new rotor turf heads. 4. Provide and plant seven (7) 24" box trees. 5. Provide and plant 35,000 sq. ft. new athletic field sod. Section 2 -- Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #4 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Bob Zirbes Title: Mayor VALLEYCREST LANDSCAPE MAINTENANCE Contractor Signed Title APPROVED TO FORM City Attorney Linda Lowry City Clerk AGREEMENT The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor and attested to by the City Clerk, by and between, Va�est Landscaoe Maintenance, Inc., hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Request For Proposals (R.F.P.), proposals were received, on December 20 2002; and WHEREAS, City did accept the proposal of CONTRACTOR Valle Crest Landscape Maintenance Inc.; and WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Landscape Maintenance Services at Pantera and Peterson Parks in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Landscape Maintenance Services at Pantera and Peterson Parks in the City of Diamond Bar. The work to be performed in accordance with the City -Wide Landscape Maintenance Specifications dated June 4, 1998, 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The City -Wide Landscape Maintenance Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The specifications, CONTRACTOR'S Proposal dated December 20, 2002, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to commence contract work on April 1, 2003 and to complete contract work requirements as stated in the specification. Agreement and unit prices shall remain in force, unless terminated sooner, until June 302004. Agreement may be extended per Section 14. City of Diamond Bar Agreement 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. 2 City of Diamond Bar Agreement c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included. 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy. 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter." 5) Otherwise be in form satisfactory to the City. d. The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein. 2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to City by registered mail. e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is City of Diamond Bar - Agreement performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT. In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are malting such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 4 City of Diamond Bar Agreement 8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. Contractor shall not indemnify City from liability for damages for death or bodily injury to persons, injury to property or any other loss, damage or expense, arising from the sole negligence or willful misconduct of the City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attomeys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. City of Diamond Bar Agreement So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. 11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with CONTRACTOR'S Proposal dated December 20. 2002 in the amount of One Hundred Sevent -Four Thousand Three Hundred Ninet - Five Dollars ($174.395). 12. ATTORNEY'S FEES: in the event that any action or proceeding is brought by either party to enforce any term of provision of the this agreement, the prevailing party shall recover its reasonable attorney's fees and costs incurred with respect thereto. 13. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. 14. EXTENSION OPTION: The City Council shall have the option to extend this Agreement up to five (5) additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Contractor written notice of exercise of this option City of Diamond Bar Agreement to renew at least thirty (30) days prior to the expiration of the initial term of this Agreement, or of any additional one (1) year extensions. In the event the City Council exercises its option to extend the term of this Agreement for one or more additional one year periods, the Contractor's unit prices shall be subject to adjustment at the commencement of the extended term and annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the City and the contractor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the increase will be calculated by adding the Contractor's monthly compensation, the amount, if any, obtained by multiplying the contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion, substitute for the Index such other similar index as it may deem appropriate. City of Diamond Bar Agreement IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. By: TITLE CITY OF DIAMOND BAR, CALIFORNIA By: &-L� Al," Dae MAYOR ATTEST: By. 9L < Date CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time Date 8 City of Diamond Bar Agreement CITY COUNCIL Agenda # 6 . 7 Meeting Date: March 7, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council 4 VIA: Linda C. Lowry, City Manage TITLE: SECOND READING OF ORDINANCE NO. 03 (2006), ADOPTING ZONE CHANGE NO. 2005-03 WHICH CHANGES THE EXISTING ZONING OF A PROPERTY LOCATED DIRECTLY SOUTH OF ROCKY TRAIL AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE FROM R-1-20,000 TO RR (RURAL RESIDENTIAL) TO COMPLY WITH THE GENERAL PLAN LAND USE DESIGNATION FOR THE PROPERTY AND AMENDING THE ZONING MAP OF THE CITY OF DIAMOND BAR. THE PROPERTY IS IDENTIFIED BY ACCESSOR PARCEL NUMBERS 8713-023-002, 8713-023-004, 8713-023-005, 8713-024-001 AND 8713-024-002. RECOMMENDATION: Approve second reading by title only and adopt Ordinance No. 03 (2006). FINANCIAL IMPACT: NIA BACKGROUNDIDISCUSSION: Ordinance No. 03 (2006) provides for Zone Change No. 2005-03 which amends the City's Zoning Map, thereby bringing the subject property's zoning in compliance with the General Plan. The amended zoning designation for the subject property is as delineated in Exhibit "A" attached to Ordinance No. 03 (2006). A public hearing was concluded and the first reading of the Zone Change occurred on February 21, 2006. Upon approval of second reading, the referenced Zone Change will be effective April 6, 2006. PREPARED BY: n J. L u n , A sociate Planner Attachment: Ordinance No. 03 (2006) r ORDINANCE NO. 03 (2006) AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE NO. 2005-03 WHICH CHANGES THE EXISTING ZONING FOR GENERAL PLAN COMPLIANCE FROM R-1-20,000 TO RURAL RESIDENTIAL (RR) FOR A PROPERTY LOCATED DIRECTLY SOUTH OF ROCKY TRAIL ROAD AND ALAMO HEIGHTS DRIVE AND WEST OF HORIZON LANE, DIAMOND BAR, CALIFORNIA IDENTIFIED BY APN NOS. 8713-023-002, 8713-023-004, 8713-023-005, 8713-024-001 AND 8713-024-002. A. RECITALS 1. The property owner/applicant, Millennium Diamond Road Partners, LLC, has filed an application for Zone Change No. 2005-03 for a property identified by APN Nos.8713-023-002, 8713-023-004, 8713-023-005, 8713-024-001 and 8713-024-002 located directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane, Diamond Bar, Los Angeles County, California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the "Application." 2. On February 1, 2006 public hearing notices were mailed to approximately 180 property owners of record within a 1,000 -foot radius of the project site. On February 1, 2006 public hearing notices were posted in three public places within the City of Diamond Bar and the project site was posted with a display board. On February 9, 2006, notification of the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. Additionally, and pursuant to Public Resource Code, Section 21092.5, on February 6, 2006, agencies commenting on the project's Environmental Impact report were notified in writing of the February 21, 2006 City Council public hearing. 3. On December 13, 2005, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing on the Application and continued the public hearing to January 10, 2006. 4. On January 10, 2006, the Planning Commission opened the continued public hearing and concluded the public hearing on the application. At that time, the Planning Commission recommended approval to City Council of Zone Change 2005-03 City Council Ordinance No. 03 (2006) 5. On February 21, 2006, the City Council of the City of Diamond Bar conducted and concluded a duly noticed public hearing on the Application. 6. Following due consideration of public testimony, staff analysis and the Planning Commission recommendation, the City Council hereby finds that Zone Change No. 2005-03 set forth within amends the Zoning Map and is consistent with the General Plan. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of Diamond Bar as follows. This City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The City Council hereby finds that the zone change identified above in the resolution was addressed in the Environmental Impact Report (SCH No. 2003051102) prepared for Tentative Tract Map No. 53430 according to the requirements of the California Environmental Quality Act (CEQA) and guidelines promulgated there under and determined not to have a significant effect on the environment. 3. The City Council hereby finds as follows: (a) The proposed Zone Change relates to a vacant property located directly south of Rocky Trail Road and Alamo Heights Drive and west of Horizon Lane within a gated community identified as "The Country Estates" which consists of large single-family homes. The project site is directly south of Alamo Heights Drive which would be extended to provide access to the project site with Rocky Trail Road as a secondary emergency access. (b) Generally to the north, south, east and west, the Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) and R-1-40,000 zoning districts surround the project site. (c) The project site has a General Plan land use designation of Rural Residential (RR) Maximum 1 DU/AC and a current zoning designation of Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000). (d) The Application request is for approval to change the existing zoning designation to Rural Residential (RR) Maximum 1 DU/AC, which is in compliance with the General Plan land use designation for the project site. 2 (e) The City Council of the City of Diamond Bar does hereby approve Zone Change No. 2005-03 based on the following findings, as required by Municipal Code Section 22.70.050 and in conformance with California Government Code Section 65853 and 65860 is consistent with the General Plan. (1) Zone Change No. 2005-03 changes the existing zoning from Single Family Residence -Minimum Lot Size 20,000 square feet (R-1-20,000) to Rural Residential (RR). (2) Pursuant to the General Plan, the maximum gross density for the RR land use designation is 1.0 dwelling units per acre or less. (3) The Rural Residential (RR) zone implements the Strategies of the General Plan. Furthermore, the RR zoning district is used to identify hillside areas intended for rural living, including the keeping of animals, with supporting accessory structures. (4) The property the zone change affects is compatible with the General Plan land use designation description and will be able to adhere to the development standards for the RR zoning district as prescribed in the City's Development Code. The City Council shall: (a) Certify to the adoption of this Ordinance; and (b) Forthwith transmit a certified copy of this Resolution by certified mail: to Millennium Diamond Road Partners, LLC, 3731 Wilshire Blvd., Suite 850, Los Angeles, CA 90010. PASSED, APPROVED AND ADOPTED THIS DAY OF FEBRUARY 2006, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. Allm Carol Herrera, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2006 and was finally passed at a regular meeting of the City Council held on the day of 2006, by the following vote: AYES: Council Members: NOES: Council Members: ABSENT: Council Members: ABSTAIN: Council Members: 4 Linda C. Lowry, City Clerk, City of Diamond Bar Agenda # 6 . g MeetingDate:_March 7, 2006 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manager U!' TITLE: RATIFY 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. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Funds will be transferred from the General Fund Reserves to the Capital Improvement Program (CIP) budget in the amount of $4,784. The three intersections were part of the FY 200405 CIP budget and funds were encumbered at that time for the construction contracts. In years past, the costs for the electrical pedestals were included in the construction contract. However, Southern California Edison (SCE) now requires their own crew perform the installation of the electrical pedestal for the meters. In order to accurately track the project budget, funds need to be transferred to the CIP budget. BACKGROUND: The two traffic signal improvements at Grand Avenue/Golden Springs Drive and Golden Springs Drive/Target Driveway are part of the Grand Avenue Improvements Project, Phase I. All of the CIP budget for the Phase I project has been encumbered to the prime contractor, Sequel Construction, from the budget for FY 2004-05. At the time of award of contract, the charges from SCE were not known. The third intersection of Diamond Bar Boulevard/Maple Hill Road is part of a traffic signal installation and modification project for five (5) intersections throughout the City. The funding for the five intersection project was also encumbered from the FY 2004-05 budget and the SCE charges were also not known at that time. DISCUSSION: These three projects are carry-over projects from FY 2004-05. The charges from SCE were not anticipated. As a matter of fact, the charges for electrical pedestals for these three intersections are a first. In the past, the City's design engineer would include the work for the electrical pedestal as part of the traffic signal installation cost. However, SCE no longer allows the City contractor to perform the work. In order to accurately record all charges made against a CIP project, staff recommends $4,781 be transferred from the General Fund Reserves to the CIP budget for FY 2005- 06. PREPARED BY: Sharon Gomez, Public Works Services Manager Date Prepared: March 2, 2006 REVIEWED BY: David G. Liu, Director of Public Works 2 CITY COUNCIL Agenda # Meeting Date: March 7, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage wxmn TITLE: Amendment No. 2 to a Professional Services Agreement with BonTerra Consulting in an amount not -to -exceed $15,470.00 for preparation of an updated Spring Survey for Tentative Tract Map No. 53430, Millennium/Stanley Cheung. RECOMMENDATION: Approve. FISCAL IMPACT: All costs associated with the preparation of the environmental analysis are the responsibility of the developer via development processing fees paid to the City. The developer has previously entered into an Agreement with the City to provide the City with all funds necessary to process the proposed project. BACKGROUND: In March 2002, the City entered into a contract agreement with BonTerra Consulting in the amount of $140,664.00 to prepare an Environmental Impact Report for a 48 lot residential subdivision proposed by Millennium/ Stanley Cheung. On June 15, 2004, City Council approved an Amendment No. 1 to the Agreement in the amount of $77,610.00 due to several modifications to the project area boundary and tract map design that have occurred since the project inception. The last biological survey was done in 2003, and an updated survey in spring of 2005 was required by the regulatory agencies. Therefore, BonTerra has requested a contract amendment in the amount of $15,470, with a not to exceed maximum amount of $233,744.00, to reflect an updated spring survey. The project developer was well aware of the additional Scope of Work and had specifically requested the City consultant to conduct the survey so the project could be moved forward for Planning Commission and City Council review. On February 21, 2006, the Council certified the Environmental Impact Report and approved the project. Prepare y: Nancy Fong, AIDavid Doyl Interim Commu ity pment Director Assistant City Manager Attachments: 1. Amendment No. 2 2. Request for Budget Augmentation -\I / 100, C IT Y OF DIAMOND BAR LETTER OF TRANSMITTAL CITY OF DIAMOND BAR 21825 Copley Drive Diamond Bar, CA 91765 Phone: (909) 839-7030 Fax: (909) 861-3117 COMMUNITY DEVELOPMENT SERVICES PLANNING DIVISION TO: Thomas E. Smith, Jr. AICP FROM: Stella Marquez BonTerra Consulting Senior Administrative Assistant to 320 N. Halstead St., Suite 130 Nancy Fong, AICP Pasadena, CA 91107 Interim Community Development Director SUBJECT: Tract 53430 — Amendment No. 2 to Contract Agreement DATE: March 1, 2006 Dear Tom: As we briefly discussed a few weeks ago, we will be going to the City Council at its March 7, 2006, meeting to request approval of the enclosed Amendment to Agreement to increase the existing Consultant's Agreement in the amount of $15,470 per your request for an augmentation relative to the preparation of the Environmental Impact Report, dated February 17, 2005. Please review the Amendment, sign and return your signature via fax so that we may attach your approval to staffs report. Two originals of the Amendment will be forwarded to you via mail. Please sign both originals and return them to our office. Upon final execution of the Agreement, an original will be returned to you for your file. If you have any comments or questions, please call. Tom, we apologize that this matter was inadvertently overlooked not being presented to the City Council for approval when proposed to this office in February 2005. However, please be assured that the developer was made aware of the revised scope of work, approved it, and additional funds were collected from the developer to cover the adjustment. Enclosures 03/01/2006 14:55 FAI 626 351 2030 BONTERRA CONSULTING 0 003 Map ni 06 12:03p City of Diamond Bar 949-396-748 p.4 Section 3: All otherterms and conditions of1he Agreement shall remain in full force and effect. IN WETNESS WHEREOF, the parties hereto have executed this Amendmen No. 2 as of the day and year first set forth above - APPROVED AS TO FORM: BonTerra Counsulting: Thomas E_ Smith, Jr. AICP 320 N. Halstead St„ Ste. 130 Pasadena, CA 99107 BY: City Attorney Thomas E. Smith, Jr. Principal ATTEST: City Clerk CITY OF DIAMOND BAR Carol Herrera, Mayor K Agenda # 8.1 Meeting Date: March 7, 2006 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: APPOINTMENTS TO VACANCIES ON CITY COMMISSIONS RECOMMENDATION: It is recommended that each member of the City Council make appointments to each Commission as desired and that the City Council, as a body, ratify the appointments with an effective date of March 1, 2006. BACKGROUND: Ordinances 256(1989), 24B(1989) and 286(1 989) establish two-year terms of office for Commissioners appointed to the Planning, Parks and Recreation, and Traffic and Transportation Commissions, respectively. Said terms expire on the last day of February of even numbered years. As a result, five vacancies exist on each Commission effective February 28, 2006. In compliance with the Maddy Act (Government Code Section 54972), staff has posted vacancy notices on the City' website, the City's Public Access Channel, Channel 3 and posted the Notice at the three (3) designated locations (City Hall, Heritage Park and D.B. Library). The City Council may make new appointments to each Commission or they may choose to re -appoint Commissioners. As of this date, staff has not received any requests for applications. The City Council will receive a brief presentation regarding the proposed Public Safety Commission at tonight's study session. The proposal will include a merger of the former Public Safety Committee at the DB/Walnut Sheriff Station with the City's Traffic and Transportation Commission. If directed by Council, we will present the appropriate documents to create the new Public Safety Commission for Council consideration on March 21, 2006. At that time we will request the existing Traffic and Transportation Commissioners be automatically appointed as the initial members of the Public Safety Commission along with one member of the Public Safety Committee. Therefore, it is appropriate for the Council to appoint members to the Traffic and Transportation Commission tonight. PREPARED BY: Tommye Cribbins, City Clerk REVIEWED David Doyle, AsVLQK Manager TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK K DATE: n� �0` �- -ii.�.�� PHONEgflc'- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Si atur -k.