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7/18/2006
Tuesday July 18, 2006 5:30 p.,m. — Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium '21865 Copley Drive Diamond Bar, CA 91765 Mayor Carol Herrera Mayor Pro Tem Bob Zirbes Council Member Wen Chang Councicl Member Jack Tanaka Council Member Steve Tye City Manager Linda C. Lowry City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 639-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers, The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken -up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's website at www.ci.diamond-bar.ca..us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with access the podium in order to make a public comment. available by providing the City Clerk three business days Please telephone (909) 839-7000 between 7:30 a.m. Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS mobility impairments who cannot Sign language interpretation is ' notice in advance of a meeting. and 5:30 p.m. Monday through Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 THIS MEETING IS BEING (BROADCAST LIVE BY ADEI_PHIA 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 SAT0I4DAY`°AT <9.00 AmAND EVERY.... TUESDAY AT 8:00 P.M. ON CHANNEL 3. CITY OF DIAMOND BAR CITY COUNCIL AGENDA July 18, 2006 Next Resolution No. 2006- 63 Next Ordinance No. 05(2006) CLOSED SESSION: None STUDY SESSION: 5:30 p.m., Room CC -8 ► City Council Goals Update ► Community Organization Fund Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Ahmad H. Sakr, Ph.D., Islamic Education Center ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes, Mayor Herrera APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 1.1 Presentation of City Tile to Color Marble, as Business of the Month, for July, 2006 and display of Business of the Month slide presentation. Continued from June 20, 2006. 1.2 Presentation of City Tile to Linda Lowry, City Manager. 1.3 Proclaiming July 2006 as Parks and Recreation Month. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: JULY 18, 2006 PAGE 2 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speakers Card and give it to the Citv 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 Concerts in the Park (Upstream (Caribbean)– July 19, 2006 – 6:30 – 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.2 Planning Commission Meeting – July 25, 2006 – 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 Concerts in the Park (Fenians (Irish Dance) – July 26, 2006 – 6:30 – 8:00 P.M., Sycamore Canyon Park, 22930 Golden Spgs. Dr. 5.4 Parks and Recreation Commission Meeting – July 27, 2006 -7:00 p.m., Board Hearing Room, AQMD/Government Center, 21865 Copley Dr. 5.5 City Council Meeting – August 1, 2006 – 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.6 Concerts in the Park (Cold Duck – (70's -top 40)-- August 2, 2006, Sycamore Canyon Park, 22930 Golden Spgs. Dr. 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Regular Meeting of June 20, 2006 -Approve as submitted. 6.1.2 Adjourned Regular Meeting of June 30, 2006 – Approve as submitted. 6.1.3 Special Meeting of July 10, 2006 – Approve as submitted. 6.2 Planning Commission Minutes - Regular Meeting of June 13, 2006 - Receive and file. JULY 18, 2006 PAGE 3 6.3 Parks and Recreation Commission Minutes — May 25, 2006 - Receive and file. 6.4 Ratification of Check Register — Ratify Check Register containing checks dated June 16, 2006 through July 13, 2006 totaling $ 2,241,711.11. 6.5 Treasurer's Statement - Month of May, 2006 - Review and Approve. Requested by: Finance Division 6.6 Rejection of Claim: 6.6.1 Filed by Barbara Zelmanski-Ramlo on June 7, 2006 Recommended Action: Approve Rejection of the Claim for Damages. 6.6.2 Filed by Mary Lou Zelmanski on June 7, 2006. Recommended Action: Approve Rejection of the Claim for Damages. 6.6.3 Filed by Bernard Zelmanski on June 7, 2006. Recommended Action: Approve Rejection of the Claim for Damages. 6.6.4 Filed by Stephanie Orbegoso on June 8, 2006. Recommended Action: Approve Rejection of the Claim for Damages. 6.6.5 Filed by Carmen Mexia on June 22, 2006. Recommended Action: Approve Rejection of the Claim for Damages. 6.6.6 Filed by Thomas Saglime on June 19, 2005. Recommended Action: Approve Rejection of the Claim for Damages. 6.6.7 Filed by Bryan E. Wong on June 23, 2006. Recommended Action: Approve Rejection of the Claim for Damages. Requested by: City Clerk Department JULY 18, 2006 PAGE 4 6.7 Approval of Amendment No. 6 to Extend License Agreement with Coca-Cola for Placement of Beverage -Serving Machines in City Parks from August 1, 2006 through July 31, 2007. Recommended Action: Approve Requested by: Community Services Department 6.8 Authorization to Exceed the City Manager's Purchasing Authority of $25,000 to Extend Vendor Services for Senior and Adult Excursions Provided by Inland Empire Stages Ltd., in an Amount Not -to -Exceed $68,000 for FY 2006107. Recommended Action: Approve. Requested by: Community Services Department 6.9 Appropriate $49,770 of General Fund Balance Reserve to the Capital Improvement Program Budget for FY 2006107 and Approve Amendment No. 3 to the Contract with DMS Consultants, Inc. (DMS) for Grand Ave. Street Improvements (Beautification/Betterment) Project Phasel. Recommended Action: Appropriate Funds and Amend Contract Requested by: Public Works Department 6.10 Adopt Resolution No. 2006 -XX: Declaring a Vacant Lot on Summitridge Dr. Adjacent to Summitridge Park (APN 8701-013-900) as Surplus Property and Authorizing the Disposition of Said Property at the Fair Market Value. Recommended Action: Adopt. Requested by: City Manager 6.11 Approval of Amendment No. 3 to the Professional Services Agreement with BonTerra Consulting in an Amount Not to Exceed $356,950 for Implementation of the Mitigation Monitoring and Planning Program for Approved TTM No. 53430 Millennium/Stanley Cheung Project. Recommended Action: Approve. Requested by: Community Development Department JULY 18, 2006 PAGE 5 6.12 Approval of Cooperative Agreement between the County of Los Angeles and the City Procuring the Traffic Signal Control System for the Pomona Valley Intelligent Transportation System (PVITS). Recommended Action: Approve. Requested by: Public Works Department 6.13 Appropriate $98,000 of General Fund Balance Reserve to the Capital Improvement Program Budget for FY 2006/07; Approve Plans and Specs; and Award the Construction Contract for Area 2 Slurry Seal/Chip Seal Project to American Asphalt South, Inc., in the Amount of $639„975.50; and Authorize a Contingency Amount of $45,000 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $684,975.50. Recommended Action: Appropriate, Approve and Award. Requested by: Public Works Department 6.14 Approve an Increase in the Amount of $7,000 for City Prosecutor Services with by IDapeer, Rosenblit & Litvak, LLP for a Total Amount of $32,000 for FY 2005106. Recommended Action: Approve. Requested by: Community Development Department 6.15 Adopt Resolution No. 2006 -XX: Approving Two Union Pacific Railroad Crossing Agreements for the Alameda Corridor -East Construction Authority Brea Canyon Rd. Grade Separation Project Folder Number 2353-42 and 2353-48. Recommended Action: Adopt. Requested by: Public Works Department 6.16 Authorize City Manager to Purchase One Color Copier from Contact Office Solutions in an Amount not to exceed $28,000. Recommended Action: Authorize. Requested by: IS Department JULY 18, 2006 PAGE 6 6.17 Interim City Manager Agreement. Recommended Action: Approve Agreement with David Doyle for Interim City Manager services from July 20, 2006 through July 30, 2006. Requested by: City Attorney 7. PUBLIC HEARINGS: 7:00 p.m., oras soon thereafter as matters maybe heard 7.1 Adopt Resolution No. 2006 -XX: Authorizing the Los Angeles County Sheriffs Department to Enforce the California Vehicle Code in the Diamond Bar Tennis Club Condominium Community as Authorized by the California Vehicle Code Section 21107.7. Recommended Action: Adopt. Requested by: City Manager 8. COUNCIL CONSIDERATION: 8.1 Appointment of Planning Commissioner. Continued from June 20, 2006. Recommended Action: Appoint. Requested by. Mayor Herrera 8.2 Consideration of Options for Protecting the Historic Windmill. Recommended Action: Direct staff. Requested by: Community Services Department 8.3 Approve First Reading of Ordinance No. 0X(2006); Revising the City's Purchasing System and Amending the Diamond Bar Municipal Code. Recommended Action: Approve for First Reading. Requested by: City Manager 8.4 Consideration of Planning Commission's Recommendation of Art in Public Places. Recommended Action: Direct Staff. Requested by: Planning Department JULY 18, 2006 PAGE 7 COUNCIL SUB -COMMITTEE REPORTS/COUNCIL. MEMBER COMMENTS: 10. ADJOURNMENT: STUDY SESSION NO. 1.1 DOCUMENTATION TO BE PROVIDED AT TIME OF MEETING STUDY SESSION NO. 1.2 DOCUMENTATION TO BE PROVIDED AT TIME OF MEETING `PARKS AND RECREATION MONTH" JULY 2006 WHEREAS the Parks and Recreation profession in California "Creates Community through People, Parks and Programs", and WHEREAS our parks help to preserve and protect the natural and cultural resources of California; and WHEREAS Parks and Recreation services support more productive workforces, enhance the desirability of locations for business and families, and stimulate tourism revenues to increase a total community development model; and WHEREAS Parks and Recreation strengthens community image and sense of place, and increases cultural unity; and WHEREAS Parks and Recreation promotes health and wellness and reduces health care costs; and WHEREAS Parks and Recreation fosters human development, helping young people develop and grow into healthy adults, and helping adults continue to live longer; and WHEREAS Parks and Recreation facilitates community problem solving; and WHEREAS Parks and Recreation strengthens safety and security and reduces juvenile crime; and WHEREAS Thousands of children, adults and seniors in the community-- benefit from the wide range of services, programs and facilities provided by the City of Diamond Bar; including the Diamond Bar Center, the new trail and trail head at Sycamore Canyon Park and the two new picnic shelters at Pantera Park. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Diamond Bar urges all residents to enjoy and recognize the social, physical, mental, economic, environmental and community benefits derived from our public and private recreation and park resources, which provide something of value to everyone, and recognize July as "Parks and Recreation Month", DATED: JULY 18, 2006 Carol Herrera Mayor Bob Zirbes Mayor Pro Tem Jack Tanaka Council Member Wen Chang Council Member Steve Tye Council Member Agenda No. 6.1.1 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAIAONOM JUNE 20, 2006 AFT CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:32 p.m. in The Government Center/SCAQM❑ Auditorium, 21865 Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: M/Herrera led the Pledge of Allegiance. INVOCATION: None Offered. ROLL CALL: Council Members Chang, Tanaka, Tye and Mayor Herrera. Mayor Pro Tem Zirbes was excused. Staff Present: CM/Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Kim Crews, Human Resources Manager; Ken Desforges, IS Director; Ryan McLean, Senior Management Analyst and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: CM/Lowry announced that Agenda Items 1.1 and 1.2 would be continued to the July 18 meeting. In addition, staff corrected its report accompanying the CFD discussion under Agenda Item 8.3 wherein the amount of estimated construction was corrected to $15 million and the amount of the estimated bond proceeds to $11 million. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 1.1 Presentation of City Tile to Jimmy You, Owner of Color Marble as Business of the Month for June 2006 and slide presentation — continued to July 18, 2006. 1.2 Presentation by Jack French, Interim CEO, American Red Cross San Gabriel Valley Chapter regarding "What the Red Cross is doing for the City" — continued to July 18, 2006. 1.3 Presentation by Rick Richmond, Executive Director, ACE. Mr. Richmond stated that Congressman Gary Miller was instrumental in moving this project forward with his assistance in providing Federal funding last year under the re -authorization of the Federal Bill. The project is estimated to cost approximately $50 million including construction, engineering, land acquisition, railroad improvements and other costs. The goal of the project is to lower Brea Canyon Rd. approximately 16 ft. under the railroad, which will remain on a two -track road across Brea Canyon JUNE 20, 2006 PAGE 2 CITY COUNCIL Rd. The north end of the Project extends close to Spanish Ln. , and as the Project moves southerly to Currier Rd. and Washington St. it will be lowered to meet the lowered Brea Canyon Rd. One of the significant challenges for the Project is the significant amount of utility relocation, which is currently underway. Mr. Richmond then introduced Garrish Roy, P.E., Senior Project Manager, and other team members. Mr. Roy gave a slide presentation overview of the Project. He stated that ACE conducted two outreach meetings during the design phase and included improvements based on input from participants. Construction notices were distributed to more than 1100 residents, businesses, key contacts and emergency respondents coordinated with Walnut Valley School District. Mr. Roy stated that access to businesses will remain intact during construction and a toll-free hotline will operate 2417 in three languages during the construction period. A Notice to Proceed with construction was given for July 5, 2006 through July 2008. During August 2006 the Metrolink access road from D.B. and the SR60 will be completed. Once the road is completed Brea Canyon Rd. will be closed to north and south traffic at the tracks. The Project plans to open two lanes on Brea Canyon Rd. late 2007 with all lanes opened to through travel by May 2008. Shortly thereafter, the project will be completed. Mr. Roy stated that during construction Washington St. will remain open. During construction of sound walls, sound blankets will be installed close to the townhouses to mitigate noise and dust. The temporary "shoofly" tracks will be in use for about a year and one-half and once the bridge is completed the shoofly will be brought onto the mainline tracks for permanent operation. M/Herrera thanked ACE and its team for choosing the Brea Canyon Rd. Rail -Crossing Project that will greatly benefit the area. The pain of the project will give way to an outstanding result that will reduce traffic, air pollution and noise (horn blowing). 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3, PUBLIC COMMENTS: Tony Torng, 20985 Jade Ct. said he supported a new library that would include a good view and coffee shop. He felt a new facility would be good for the residents as a research center and as a good investment for the City. Sue Mages, Chaparral Middle School Library, brought a "show and tell" depicting part of the curriculum for the 6m, 7th and 8" grade students. There are three middle schools in D.B. with approximately 400 students at each grade level. When the children attempt to complete projects on one subject there is not enough resources in any of the schools to help the children meet their requirements. A new library JUNE 20, 2006 PAGE 3 CITY COUNCIL would help the students and the entire community so much. Next Tuesday she will have lived in D.B. for 30 years and she had to take her children anywhere they could find the information for their projects because there was not always enough information at the D.B. Library. She said she was present tonight representing the other librarians in the District to ask the City for a new library. She met Ray Bradbury who told her he wrote his first novel in a library setting. She provided Council Members with a copy of his novel Fahrenheit 451. Peter Loh, a 20 year resident said that both of his children graduated from D.B.H.S Studies indicate that on average individuals can expect three to four career changes during their work years and in his opinion, it meant that education would certainly be a lifelong exercise. A library is a place for children to begin their lifelong learning experience, use computers and borrow books. Well-educated students will be economically competitive in the coming years. Education secures fundamental values for the country. :$53 per year to have an updated library is a low-cost investment to have a facility that will serve generations to come. Steven Loh attended local schools and recently graduated from UC Riverside. He felt the Internet would never replace libraries; that libraries were essential to his education and that D.B. and its youth would benefit from a new library. Rick Rogers, residents and member of Friends of the Library said he favored a new library and believed when built it would be a valuable addition to the City's infrastructure. A new library would be an investment in the City's future and would be an asset that would yield many dividends including improved property values throughout the City. He thanked the Council for proceeding with further study of the proposed special assessment ballot measure being considered as a method for funding the new library. He said it was his understanding that a portion of the costs being evaluated were the operating costs. The City's residents currently pay about $1.2 million annually to the County out of property taxes to operate the existing Library. The existing Library is about 9,000 sq. ft. The proposed new Library is approximately 20,000 sq.ft. The single largest budget item for the current facility is salaries and benefits (46 percent of the annual expense). Will the number of staffers at the new library double over the current level? He urged the Council to be diligent in its review. He felt that the annual operating expenses for the new facility could be even less than the current facility and there would therefore be no need to include operating costs in the ballot measure. Allen Wilson said he and other residents wanted a new library but were opposed to the proposed financing. He asked how much the City was paying for the Community Center bonds and believed those bonds should be paid off before the City incurred any more debt. In his opinion there is a silent majority that does not want this City to put itself further into debt because it would hurt the City's finances. Two weeks ago the people! of California and the residents of D.B. soundly defeated Proposition 81 and as a result, it was very clear to him that the residents did not want a library bond and, what makes the City believe that the residents would approve a local assessment by a two-thirds vote. JUNE 20, 2006 PAGE 4 CITY COUNCIL Robert Delgado asked what the City allowed to flow through its storm drains. Eileen Ansari, 1823 Ciiffbranch Dr. stated that when D.B. residents were asked to approve an additional ;assessment for a library district the City asked for accountability and Los Angeles County was unable to provide an answer so D.B. and three other cities decided to research the matter. As a result D.B. found it was contributing over $900,000 and getting about $750,000 worth of service and with pressure from the D.B. City Council and Friends of the Library the County of Los Angeles agreed to help refurbish the current library. D.B. needs a largerand better - equipped library. It appears that there will be no help coming from the State and the only fair thing is to put this matter to a vote of the people. Lydia Plunk said that while there has been a lot of talk about people who do and do not favor a larger library there is a third group that questions the wisdom of putting the Library issue on the ballot at this time. The book industry is very labor-intensive and a Library twice the size of the current facility would most surely double its operating expenses. She felt it would be helpful to clarify the issues in order to be able to promote a legitimate plan. RESPONSE TO PUBLIC COMMENTS: CM/Lowry responded to Mr. Delgado that there are Federal Regulations for storm water runoff and accordingly, citations are related to those regulations. Staff will contact Mr. Delgado regarding his issues. CM/Lowry referred the Council and speakers to tonight's FY 2006107 Budget that includes a line item for principal payment amount for the D.B. Center Bond of $240,000 subject to an estimated highest possible interest payment of $470,000 for year 2006107. The Public Financing Authority makes the payments to the bank. FM/Magnuson reported that the outstanding principal is approximately $13,520,000. The original bond issue was $13,755,000 and there has been one principal payment made with another due July 1, 2006. CM/Lowry responded to speakers that the current Library facility is 9,000 sq. ft. and the proposed new library would be 24,000. The estimated increase in operating costs is $500,000 with an ongoing operating budget of $1.2 million or a 40% increase in operating costs as a result of an approximate 265% increase in building square footage. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — June 22, 2006 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. JUNE 20, 2006 PAGE 5 CITY COUNCIL 5.2 Planning Commission Meeting — June 27, 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 Concerts in the Park — (Brooke Ramel- Acoustic Pop) - June 28, 2006 — 6:30-8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. (Sponsored by the Community Foundation). 5.4 City Council Meeting — July 4, 2006 —No Meeting will be held due to the 4th of July Holiday, 5.5 4TH of July Blast —July 4, 2006 — 4:30 — 9:30 p.m, Diamond Bar High School, 21400 Pathfinder Rd. 5.6 4th of July Holiday -- July 4, 2006, City Offices will be closed in observance of the holiday. City Offices will reopen Wednesday, July 5, 2006. 5.7 Concerts in the Park (CHICO- Latin) — July 5, 2006 — 6:30 — 8:00 p.m. Sycamore Canyon Park, 22930 Golden Spgs. Dr. 8. COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO. 2006-54: APPROVING AND ADOPTING A BUDGET FOR THE FISCAL YEAR COMMENCING JULY 1, 2006 AND ENDING JUNE 30, 2007 INCLUDING MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS, AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH. CM/Lowry stated that Page 3 — City of Diamond Bar Fiscal Year 2006-2007 Budget, column 1 titled "Estimated FB Reserves @ 06/30/06 is the best - guess estimate of where staff believes the City's funds will stand after paying all bills and booked revenues that fit within the generally accepted accounting principles for governments which is generally two months worth of revenues. In short, the City expects to have $35 million available to spend as of June 30, 2006 of which $27 million would be General Fund money. The City expects to receive $18 million of new General Fund Revenues and $9 million of Special Funds bringing the total revenue to the City of $27.7 million. Disregarding the $10 million "transfers in" D.B. will have about $63 million to spend. In Fiscal Year 2006/07 the City expects to spend $19 million of the $46 million General Fund and at the end of the fiscal year will realize a balance of $24.5 million in the General Fund. Almost a third of the 2006/07 expenditures ($10 million) are devoted to Capital Improvement Projects. This is particularly impressive because it shows that the City can run its operations, provide programs and still make a very sizable investment in the City's infrastructure, buildings and improvements. This is a sign of a well-managed and prudent long-term view of what to do with the public's funds. Bottom line is that (transfers in/transfers out) the City is spending $10 million for capital improvement while using only $3 million of its General JUNE 20, 2006 PAGE 6 CITY COUNCIL Fund. CM/Lowry said that the good news is that because of the way the City has managed its money over the years the $3 million is available because the money has been kept on hand. She asked the City to accept the proposed budget that has allowed and will allow D.B. to continue running its business in a fiscally prudent manner and expand itself to make a sizeable investment in its infrastructure. FM/Magnuson stated that the budget contains the General Fund and 23 Special Funds Budgets including the Capital Improvement Projects Budget and the associated Capital Improvement Project (CIP) List. The CIP list was reviewed by the Planning Commission at its June 13 meeting and was found to be in compliance with the City's General Plan, The General Fund Budget reflects estimated resources of $20,244,610. These resources include items such as property tax revenue, sales tax revenue, State Subventions (motor vehicle in -lieu revenue, fines and forfeitures, service charges such as building fees and recreation fees). There are also transfers in from other funds to cover expenses that can be paid with special revenues such as gas tax and special grants. The budget shows a growth in anticipated revenues for the General Fund of approximately 4.2% over the previous year. These estimates are conservative in nature and take into consideration the changes in the City's economy and increased development activity, primarily as a result of the Target and Brookfield Homes projects. FM/Magnuson further stated that the General Fund appropriations total is $19,452,010 — appropriations for City administration, public safety including law enforcement including animal control, Community Development, Community Services including parks maintenance and recreation, and Public Works. The difference between the estimated resources of $20, 244,610 and the appropriations of $19,452,010 results in an increase of $792,600 to the General Fund reserves from annual operations. In addition to the annual appropriations the proposed budget reflects a transfer of $2,613,750 in General Fund reserves to the CIP fund to assist with the CIP construction program. There is also an allocation of $715,850 in reserves for economic development purposes. The fiscal year 2006/07 Budget anticipates an ending General Fund Fund balance of $24,500,782 based on the projected revenues and expenditures. As earlier stated, the proposed Budget includes Capital Improvement Projects that amount to $10,238,189. The projects are as follows: Street improvement Project — Grand Avenue Beautification and Betterment Program Phase I, 11 and III; Two Slurry Seal Overlay Projects — Area 2 and Area 3, Prospectors Road, Sunset Crossing to Golden Springs Drive, Washington Street cul-de-sac and a new arterial Slurry Seal Program for Zone 1. Total Street Improvement projects equals $5,580,000. Traffic Management and Safety Projects — Brea Canyon Cutoff at southbound SR 57 on-off ramps, Neighborhood Traffic Management mitigations, Traffic Signal Modifications for Diamond Bar Blvd. and Golden Springs Dr., Traffic Signal modifications for Brea Canyon Rd. and Golden Springs Dr., Traffic Signals at Racquet Club and Interconnect links, traffic calming measures for Prospectors Rd. at Sunset Crossing, Golden Springs and Sunset Crossing JUNE 20, 2006 PAGE 7 CITY COUNCIL Rd., Diamond Bar Blvd. and Prospectors Rd. The total Traffic Management Safety Projects equals $1,530,000. FM/Magnuson continued. Parks and Recreation Improvements proposed include Sycamore Canyon Park ADA Retrofit Phase III, Pantera Park storerooms, restrooms and drinking fountains, Paul C. Grow ADA Retrofit, trail access for the Diamond Bar Center, Clear Creek at Steep Canyon, an emergency generator to be located at the Diamond Bar Center and batting cages at Peterson Park and Pantera Park for a total Parks and Recreation Improvements item equaling $1,640,781. Miscellaneous improvement projects include landscape improvement project for Fallow Field Dr., parkway landscape improvements for Prospectors Rd. at Sunset Crossing Rd., improvements to Lorbeer ball field, school area curb ramp installation, landscape improvements at Site XR Brea Canyon Rd. at Diamond Bar Blvd. and landscape drainage improvements for Gold Rush east of Diamond Bar Blvd. for a total miscellaneous improvements item of $1,487,408. The grand total for CIP projects is $10,238,189. M/Herrera reiterated that the Council had reviewed the Budget during two previous study sessions and Members' questions were asked and answered. M/Herrera invited public comment on the proposed Budget. There was no one present who wished to speak on this item. M/Herrera commended staff for presenting an outstanding Budget for the coming year. D.B. is fortunate that it does not have to make $2 and 3 million budget cuts, as do some neighboring cities in order for them to balance their budgets. Due to prudent management by City staff and Council Members the City is fortunate that it is able to balance its Budget and have additional funds available for infrastructure improvements. C/Chang moved, C/Tye seconded to adopt Resolution No. 2006-54: Approving and Adopting a Budget for the Fiscal Year commencing July 1, 2006 and ending June 30, 2007 that included Maintenance and Operations, Special Funds and Capital Improvements and appropriating funds for Accounts, Departments, Divisions, Objects and Purposes therein set forth. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Zirbes JUNE 20, 2006 PAGE 8 CITY COUNCIL 6. CONSENT CALENDAR: C/Chang moved, C/Tye seconded to approve the Consent Calendar with the exception of Items 6.10 and 6.12. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES 6.1.1 Special Meeting of June 1, 2006— as submitted. 6.1.2 Study Session of June 6, 2006 — as submitted. 6.1.3 Regular Meeting of June 6, 2006 — as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of April 25, 2006 — Received and Filed. 6.2.2 Regular Meeting of May 9, 2006 — Received and Filed. 6.2.3 Regular Meeting of May 23, 2006 — Received and Filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of April 27, 2006 — Received and Filed. 6.4 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES: 6.4.1 Regular Meeting of February 9, 2006 — Received and Filed. 6.4.2 Special Meeting of February 28, 2006 — Received and Filed. 6.5 RATIFIED CHECK REGISTER — containing checks dated June 8, 2006 to June 15, 2006 totalling $489,092.34. 6.6 ACCEPTED AND APPROPRIATED DIAMOND BAR COMMUNITY FOUNDATION DONATION OF $2000 TO FUND A COMMUNITY CONCERT IN THE PARK ON WEDNESDAY, JUNE 28, 2006 AT SYCAMORE CANYON PARK FROM 6:30 TO 8:00 P.M. 6.7 APPROVED CONTRACT EXTENSIONS FOR PUBLIC WORKS: (a) APPROVED CONTRACT AMENDMENT WITH ADVANTEC CONSULTING ENGINEERS FOR THE FY 2006107 CITYWIDE TRAFFIC SIGNAL TIMING PROJECT TO MONITOR AND FINE-TUNE THE SIGNAL TIMINGS IN THE AMOUNT OF $25,000 (b) APPROVED EXTENSION OF CONTRACT AGREEMENT WITH DIVERSIFIED TRANSPORTATION, LLC (PREVIOUSLY DEVERSIFIED PARATRANSIT, INC.), FOR FY 2006/07 DIAMOND RIDE (DIAL -A -CAB) SERVICE. JUNE 20, 2006 PAGE 9 CITY COUNCIL 6.8 APPROVED CONTRACT EXTENSIONS FOR COMMUNITY SERVICES DEPARTMENT: (a) APPROVED AMENDMENT NO. 2 TO EXTEND THE VENDOR SERVICES CONTRACT WITH D.H. MAINTENANCE SERVICES FOR THE TERM JULY 1, 2006 THROUGH JUNE 30, 2007 TO PROVIDE JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE DIAMOND BAR CENTER, HERITAGE PARK COMMUNITY CENTER AND PANTERA PARK ACTIVITY ROOM IN THE AMOUNT OF $150,674 AND AS -NEEDED WORK IN THE AMOUNT OF $75,076 FOR A TOTAL AUTHORIZATION NOT TO EXCEED $225,750 FOR FY 2006107. (b) APPROVED AMENDMENT NO. 5 TO EXTEND THE VENDOR SERVICES CONTRACT WITH VALLEYCREST LANDSCAPE MAINTENANCE FOR THE TERM OF JULY 1, 2006 THROUGH JUNE 30, 2007 TO PROVIDE LANDSCAPE MAINTENANCE SERVICES AT PANTERA, PETE=RSON AND SUMMITRIDGE PARKS, AND THE GROUNDS OF THE DIAMOND BAR CENTER, WITH A CPI INCREASE OF 4% IN THE AMOUNT OF $194,762.88, PLUS AS -NEEDED WORK IN THE AMOUNT OF $50,000 FOR A TOTAL AUTHORIZATION NOT TO EXCEED $244,762.88 FOR FY 2006107. (c) AUTHORIZED TO EXCEED THE CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LTD., IN AN AMOUNT NOT TO EXCEED $65,000 FOR FY 2005106. (d) APPROVED AMENDMENT NO. 1 TO THE CONTRACT WITH INLAND ROUNDBALL OFFICIALS TO OFFICIATE THE CITY'S ATHLETICS PROGRAM FOR THE PERIOD JULY 1, 2006 THROUGH JUNE 30, 2007 IN AN AMOUNT NOT TO EXCEED $30,000. (e) APPROVED, AMENDMENT NO. 3 TO THE AGREEMENT WITH TENNIS ANYONE TO EXTEND THE TERM TO JULY 1, 2006 THROUGH JUNE 30, 2007 IN THE AMOUNT OF $50,000 TO PROVIDE CONTRACTED TENNIS CLASSES. (f) APPROVED AMENDMENT NO.2 TO THE CONTRACT WITH WEST COASTARBORISTS FOR CITYWIDE TREE MAINTENANCE AND WATER SERVICES FOR FY 2006107 IN AN AMOUNT NOT TO EXCEED $230,000 INCLUDING A 4.70/6 CPI UNIT PRICE INCREASE AND AN INCREASE TO THE FREQUENCY OF THE TRIMMING PROGRAM TO TRIM ALL TREES IN THE CITY DURING A THREE-YEAR CYCLE INSTEAD OF A FIVE-YEAR CYCLE. JUNE 20, 2006 PAGE 10 CITY COUNCIL (9) APPROVED AMENDMENT NO. 5 TO THE CONTRACT WITH EXCEL LANDSCAPE FOR LANDSCAPE MAINTENANCE SERVICES AT 14 LOCATIONS IN LLAD NO. 38 AND LLAD NO. 41 FOR FY 2006107 IN THE AMOUNT OF $44,000 WHICH INCLUDES A CPI INCREASE OF 3.5% AND A CONTINGENCY AMOUNT OF $5,000 FOR AS -NEEDED WORK. 6.9 APPROVED CONTRACT AMENDMENT NO. 8 WITH DAVID EVANS AND ASSOCIATES, INC. FOR $19,650 TO PROVIDE DESIGN SERVICES FOR THE CONSTRUCTION OF BATTING CAGES AT PETERSON AND PANTERA PARKS. 6.11 (a) APPROPRIATED $56,035 FROM PROP C FUND RESERVE TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET; APPROVED PLANS AND SPECIFICATIONS; AWARDED CONSTRUCTION CONTRACT IN THE AMOUNT OF $912,673 TO MACADEE ELECTRICAL CONSTRUCTION; AND AUTHORIZED A CONTINGENCY AMOUNT OF $60,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FORA TOTAL AUTHORIZATION AMOUNT OF $972,673, FOR CONSTRUCTION OF LEFT -TURN TRAFFIC SIGNALS AT BREA CANYON ROAD/SILVER BULLET DRIVE; DIAMOND BAR BOULEVARD/SHADOW CANYON DRIVE; DIAMOND BAR BOULEVARD/MOUNTAIN LAUREL WAY, DIAMOND BAR BOULEVARD/HIGHLAND VALLEY ROAD; DIAMOND BAR BOULEVARD/GRAND AVENUE, AND GOLDEN SPRINGS DRIVE/PROSPECTORS ROAD; AND, NEW TRAFFIC SIGNAL INSTALLATIONS ON GRAND AVENUE AT CAHILL STREET AND AT CLEGHORN DRIVE. (b) APPROVED CONTRACT AMENDMENT WITH WARREN C. SIECKE TRANSPORTATION AND TRAFFIC ENGINEERING FOR CONSTRUCTION INSPECTION SERVICES IN THE AMOUNT OF $50,000 PLUS A CONTINGENCY AMOUNT OF $5,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $55,000 FOR CONSTRUCTION OF LEFT -TURN TRAFFIC SIGNALS AT BREA CANYON ROAD/SILVER BULLET DRIVE; DIAMOND BAR BOULEVARD/SHADOW CANYON DRIVE; DIAMOND BAR BOULEVARD/MOUNTAIN LAUREL WAY; DIAMOND BAR BOULEVARD/HIGHLAND VALLEY ROAD; DIAMOND BAR BOULEVARD/GRAND AVENUE, AND GOLDEN SPRINGS DRIVE/PROSPECTORS ROAD. 6.13 ADOPTED RESOLUTION NO. 2006-55: ESTABLISHING SALARY RANGES FOR ALL CLASSES OF EMPLOYMENT AND BENEFITS FOR ALL CLASSES OF EMPLOYMENT EFFECTIVE JULY 1, 2006 AND RESCINDING RESOLUTION NO. 2006-47 IN ITS ENTIRETY. JUNE 20, 2006 PAGE 11 CITY COUNCIL 6.14 AMENDED THE FY 2005/06 BUDGET TO INCREASE THE TRANSIT SUBSIDY FARE REVENUE AND TRANSIT SUBSIDY FARES APPROPRIATION BY $100,000 AND APPROPRIATED $10,000 FROM PROP A TRANSIT FUND RESERVES INCREASING THE TRANSIT SUBSIDY APPROPRIATION, 6.15 AUTHORIZED EXPENDITURES IN AN AMOUNT NOT TO EXCEED $75,000 FOR FY 2006107 TO GRAPHICS UNITED FOR PRODUCTION OF THE CITY'S NEWSLETTER/RECREATION GUIDE AND MISCELLANEOUS PRINTING SERVICES. 6.16 APPROVED EXTENSION OF CITYWIDE GRAFFITI REMOVAL CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FY2006/07 IN THE AMOUNT OF $45,000. 6.17 AUTHORIZED CITY MANAGER TO PURCHASE COMPUTER NETWORK HARDWARE (SIX SERVERS) FROM HEWLETT PACKARD THROUGHOUT FY 2006107 FOR AN AMOUNT NOT TO EXCEED $73,000. 6.18 AUTHORIZED CITY MANAGER TO PURCHASE VARIOUS COMPUTER NETWORK EQUIPMENT FROM CDWG THROUGHOUT THE 2006/07 FISCAL YEAR FOR AN AMOUNT NOT TO EXCEED $109,400. 6.19 AUTHORIZED CITY MANAGER TO ENTER INTO A THREE 3) YEAR CONTRACT WITH GRANICUS, INC. FOR PURCHASE OF WEBCAST SOFTWARE AND SERVICES, WITH FIRST YEAR TOTAL CONTRACT COST NOT TO EXCEED $43,500 AND ADDITIONAL SERVICE COSTS NOT TO EXCEED $12,000 PER YEAR. 6.20 AUTHORIZED CITY MANAGER TO ENTER INTO A ONE (1) YEAR CONTRACT WITH A.C.T. GIS INC., FOR PURCHASE OF GIS RELATED PROFESSIONAL/l"ECHNICAL SERVICES, GIS DATA AND PREPARATION OF A GIS STRATEGIC PLAN AT A TOTAL CONTRACT COST NOT TO EXCEED $100,000 FOR FY 2006107. 6.21 AUTHORIZED CITY MANAGER TO ENTER INTO A MEMORANDUM OF UNDERSTANDING FOR THE LOS ANGELES REGION IMAGERY ACQUISITION CONSORTIUM (LAR -IAC) PROGRAM BY AND BETWEEN THE COUNTY OF LA AND PARTICIPATING ENTITIES TO PROVIDE THE CITY WITH UPDATED AERIAL IMAGERY, AT A COST OF $49,000 FROM THE FY 2006107 BUDGET. 6.22 ADOPTED RESOLUTION NO. 2006-57: SETTING THE PROP 4 (GANN) APPROPRIATIONS LIMIT FOR FY 2006107 AND AMENDING THE APPROPRIATIONS LIMIT FOR FY 2005/06 AND 2004/05 IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE GOVERNMENT CODE. JUNE 20, 2006 PAGE 12 CITY COUNCIL 6.23 ADOPTED RESOLUTION NO. 2006-57: RENEWING THE ADOPTION OF INVESTMENT POLICY FOR FISCAL YEAR 2006/07. 6.24 APPROPRIATED $21,114 OF GENERAL FUND BALANCE RESERVE (RESTRICTED FROM THE PREVIOUS SALE OF PROP A FUNDS) TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET; APPROVED PLANS AND SPECIFICATIONS; AND AWARDED THE CONSTRUCTION CONTRACT FOR THE NEIGHBORHOOD TRAFFIC MANAGEMENT PILOT PROJECT TO IMPERIAL PAVING CO. IN THE AMOUNT OF $133,144; AND AUTHORIZED A CONTINGENCY AMOUNT OF $13,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $146,144. 6.25 APPROVED A 4.5% COST OF LIVING ADJUSTMENT FOR THE CITY MANAGER ($6,206) AND APPROPRIATED THE AMOUNT INTO THE 2006107 BUDGET ALONG WITH ADDITIONAL ASSOCIATED FRINGE COSTS. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 6.10 ADOPT RESOLUTION NO. 2006-58: PROVIDING FOR THE TRANSFER OF CONTROL OF THE CITY'S CABLE TELEVISION FRANCHISE FROM ADELPHIA COMMUNICATIONS TO COMCAST CORPORATION, WHO WILL THEN TRANSFER CONTROL OF THE FRANCHISE TO TIME WARNER CABLE: AND, FOR ACCEPTANCE OF A SETTLEMENT AGREEMENT FROM ADELPHIA COMMUNICATIONS IN THE AMOUNT OF $75,000 FOR OUTSTANDING FRANCHISE FEE UNDERPAYMENTS, OTHER AUDIT AND TRANSFER RELATED COSTS AND FRANCHISE NON-COMPLIANCE CHARGES C/Tye asked if the amount of $75,000 was sufficient to cover the underpayments and non-compliance issues with which the City has been dealing. ACM/Doyle responded yes, that the $75,000 included all of the underpaid franchise fees with accumulated penalties and interest together with the cost of performing the audit that disclosed the under -franchised fee payments and the cost of the City's consultants to assist with the transfer process. In addition, the City assessed Adelphia additional penalties for non-compliance with the franchise. Staff spent months negotiating with Adelphia representatives and Time Warner representatives to arrive at a mutually acceptable dollar amount. This does not relieve Adelphia and Time Warner from any of their commitments going forward to meeting those franchise requirements. JUNE 20, 2006 PAGE 13 CITY COUNCIL C/Tye moved, C/Tanaka seconded, to Adopt Resolution No. 2006-58 providing for the transfer of control of the City's cable television franchise from Adelphia Communications to Comcast Corporation, who will then transfer control of the franchise to Time Warner Cable and, for acceptance of a Settlement Agreement from Adelphia Communications in the amount of $75,000 for outstanding franchise fee underpayments, other audit and transfer related costs and franchise non-compliance charges. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Zirbes 6.12 APPROVAL OF EXTENSION OF CONSULTING SERVICES AGREEMENT WITH GARY NEELY FOR GOVERNMENTAL AFFAIRS CONSULTING SERVICES FOR 24 MONTHS TOTALING $38,880. CM/Lowry responded to C/Tanaka that the Governmental Affairs consulting services provided by Mr. Neely include attendance at a number of agency meetings outside of the City area such as WCCA, Rivers and Mountains Conservancy, Water District, various transportation related meetings as well as reports back to the City. Mr. Neely provides agendas of meetings he attends and occasionally recaps by email outcome of meetings and networking he has performed at the meetings. Mr. Neely has provided this service to the City for the past five years. C/Chang asked if Mr, Neely was still representing the City of Industry to which Mr. Neely responded that at no time does he represent both the City of Industry and the City of Diamond Bar at the same time on the same matter. Projects that he consults on with the City of Industry are not the same projects that he consults on with the City of D.B. It is not unusual for consultants to work for more than one city and there is no conflict of interest. Mr. Neely further stated that he has never been asked to negotiate or make decisions on behalf of any municipality including the City of D.B. CM/Lowry responded to C/Chang that Mr. Neely was correct in stating that he did not negotiate on behalf of the City and there is no conflict of interest with Mr. Neely when he follows his contract assignments to bring back matters of concern to the City. M/Herrera said she had found Mr. Neely's services to be of great value to her and to the City. Mr. Neely is very knowledgeable regarding matters of transportation. He attends OCTA (Orange County Transportation Authority) and has been able to help her respond to many questions from residents seeking information. D.B. is a contract City and it is impossible with the limited number of :staff members to attend all agency and organization meetings. However, the City is affected by many of those surrounding entities and it is important to stay informed about what different agencies are JUNE 20, 2006 PAGE 14 CITY COUNCIL doing and the direction in which they are moving. C/Tye felt that as a contract City it was in D.B.'s best interest to make sure that the City gets as much accomplished with all available resources and, he understood that Mr. Neely was responsible for helping the City secure a grant in excess of $120,000 that was and will be used for park improvements. The reason this City has a balanced budget and can continue to add to its reserves is because staff and Council make good use of resources like Mr. Neely. If Mr. Neely can continue to produce and secure grants and funding mechanisms then he more than pays for himself. C/Tanaka asked if the reports staff receives from Mr. Neely are more than just an oral report or does the report document some of the different issues that are brought up at the different meetings and, who evaluates Mr. Neely's contract. CM/Lowry reiterated that staff receives materials from Mr. Neely when he attends the various agency meetings. On occasion staff receives an email that provides staff with information about what Mr. Neely has experienced at the meeting and what outcome he has gathered from networking conversations with staff and elected officials in attendance at the meetings. Mr. Neely works directly with the Council Members when they choose to communicate with him so to some extent the Council's estimate of his performance is quite relevant. Mr. Neely has also reported to the City Manager and Community Development Director and former Assistant City Manager who was the first to hire Mr. Neely in 2001. M/Herrera moved, C/Tye seconded to approve extension of consulting services agreement with Gary Neely for Governmental Affairs consulting services for 24 months totaling $38,880. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tye, M/Herrera NOES: COUNCIL MEMBERS: Tanaka ABSENT: COUNCIL MEMBERS: MPT/Zirbes 7. PUBLIC HEARINGS: 7.1 ADOPT RESOLUTION NO. 2006-59.- TO INCREASE CERTAIN FEES AND CHARGES FOR RENTAL OF PUBLIC FACILITIES. CM/Lowry stated that as is the City's practice whenever there is consideration to change fees or charges, the matter is noticed in advance to the Public. During a previous public meeting the Council amended its Parks Athletic and Facility Use Policy and for facilities other than the Diamond Bar Center a fee increase was proposed. Staff and the Parks and Recreation Commission recommended approval of the fee increase. JUNE 20, 2006 PAGE 15 CITY COUNCIL CSD/Rose reported that on May 16, 2006 the City Council approved the Park Athletic and Facility Use Policy and directed staff to set this Public Hearing to consider the fees and charges for the rental of public facilities. This hearing concerns all public facilities in the City of D. B. with the exception of the Diamond Bar Center. Staff reviewed the fees charged to rent public facilities and recommends increases to cover costs borne by the City to process reservation requests and to set fair rental rates that reflect the current market conditions in the D.B. area. The fees and charges recommended are as follows: 1) Establish a $25 fee for resident reserved use of picnic facilities and increase the non-resident fee from $25 to $50. 2) Increase the hourly rental rate for use of Heritage Park Community Center from $47.50 to $55.00 per hour for residents and from $53.50 to $65.00 per hour for non-residents. 3) Increase the hourly rental rate for the use of Heritage Park Community Center classroom from $22.50 to $30.00 for residents and from $25.63 to $40.00 per hour for non-residents. 4) Increase the hourly rental rate for use of the Pantera Park Activity Room from $22.50 to $30.00 per hour for residents and from $25.63 to $40.00 per hour for non-residents. CSD/Rose stated that these are the first proposed fee increases for the facilities since March 2002. The Parks and Recreation Commission reviewed the proposed fee increases on April 27, 2006 and recommended Council approval. Therefore, staff and the Parks and Recreation Commission recommend adoption of a resolution to increase fees and charges for the rental of public facilities at the proposed rates. M/Herrera opened the Public Hearing at 8:20 p.m. With no one present to speak on this matter, M/Herrera closed the Public Hearing at 8:21 p.m. CSD/Rose responded to C/Tye that the proposed rates are comparable to public facilities use charges in surrounding jurisdictions. C/Chang moved, C/Tanaka seconded to Adopt Resolution No. 2006-59: To increase certain fees and charges for rental of public facilities. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT. COUNCIL MEMBERS: MPT/Zirbes JUNE 20, 2006 PAGE 16 CITY COUNCIL 8. COUNCIL CONSIDERATION: (Continued): 8.2 APPROVE APPOINTMENT OF PLANNING COMMISSIONER BY MAYOR HERRERA. M/Herrera nominated Osman Wei to serve as her appointed Planning Commissioner. Osman Wei thanked M/Herrera for selecting him. He understands that the Planning Commission plays an important role in the growth of D.B. and he promised to do his best to contribute to the community and live up to the trust of the people as he accepted the appointment. Ron Everett, a 29 -year resident said he was disappointed that the disclosure was not meaningful in that the name of the appointee was not placed on the agenda. His real concern is the ethics of public perception in the best interest and fairness for the people of this community. This issue relates to the emphasis by the State to improve community ethics and, the financial elements were addressed in the annual form 700 for many D.B. officials. His points are beyond financial and more difficult but certainly no less important. He read from the Institute for Local Government Putting Ethics Principles into Practice. He said that public perception matters a great deal with respect to what is the "right thing to do" in public service because public officials are stewards of the public's trust. In short, public service ethics is not only about doing the right thing but also about the public's confidence that indeed the right thing has been done. In this case, his specific point has nothing to do with the named appointee but the conditions that exist today. He said he does not believe a person should serve on a Planning Commission, which is responsible for land use in D.B. and at the same time serve as a homeowner's association board member. It may be legal but it should be considered separately and as seriously as these are important government positions or quasi -government as in the case of the HOA. The non -fiscal aspects of this decision at hand are most important. He provided examples that included the significant perception of a conflict-of-interest and the likely unfair influence will exist as an ongoing reality for an HOA board member who is negotiating annexation with an adjacent and land -locked 80 -acre residential development project of which annexation is a condition. There is another 3 -lot HOA on Steeplechase in various stages of development including annexation as a condition of project approval. Finally, a significant ongoing number of project approval within this large HOA continue as Planning Commission agenda items month after month. This cannot be mitigated by recusal. The significance of the perception of a conflict of interest and the unfair influence are compelling in this matter. The only responsible motion for Item 8.2 approving appointment of Planning Commissioner by M/Herrera would be to condition the appointment to be effective upon the resignation by the named appointee from his HOA Board of Directors and any related leadership positions therewith. With specific JUNE 20, 2006 PAGE 17 CITY COUNCIL conditions that exist today an individual should not serve on a Planning Commission and an HOA Board of Directors with a set of responsibilities and issues referenced herein. CA/Jenkins stated that the speaker correctly indicated that appointment of an individual who is a member of a homeowner's association board to the Planning Commission is not illegal. There may be instances that come up before the Planning Commission where such an individual would have to recuse himself from participation either by virtue of a financial or a non- financial common law conflict of interest and those would have to be evaluated on a case-by-case basis. It would not be possible sitting here this evening to examine each of those instances but were there to be instances where the Planning Commissioners' duties overlapped with some matterthat the Homeowner's Association Board was involved with then the City would have to make an assessment at that time as to whether that individual should abstain from participation on such a matter as a member of the Planning Commission. M/Herrera asked the Council to accept her nominee. Each year since 1989 the Council Members have appointed individuals they deemed fit to serve and each year other Council Members have respected the right of the individual Council Member to name his/her appointee. She asked for the Council's respect in this matter. M/Herrera moved to approve appointment of Osman Wei as Planning Commissioner. C/Tye asked if he understood correctly that when projects involving the specific HOA came forward to the Planning Commission recusal would be appropriate and that there was nothing illegal about an individual serving as both a HOA Board Member and Planning Commissioner of D.B. C/Tye said that during his tenure on the Planning Commission there was hardly a month that a matter involving "The Country Estates" Homeowners Association was not on the Planning Commission agenda. CA/Jenkins responded that C/Tye was correct that the individual could recuse himself or, after some discussion, the nominee may wish to recuse himself as a board member. C/Chang said that the majority of the residential construction projects were inside "The Country Estates." He said that with all due respect he was concerned about a HOA Board Member making decisions on matters brought before the Planning Commission. M/Herrera understood C/Chang's concerns and said that there were many other matters coming forward to the Planning Commission in the next year or two such as General Plan amendments, annexation of particular neighborhoods with -a large portion of land becoming available to the City JUNE 20, 2006 PAGE 18 CITY COUNCIL and so forth. There are a lot of other important issues that need to be dealt with other than renovation and expansions of homes in "The Country Estates" and this its a much bigger job in scope. C/Tanaka asked if Mr. Wei could be polled to see if he was willing to give up his HOA Board position. M/Herrera asked that the matter be continued to the July 18 meeting to give the nominee an opportunity to think about what was said this evening. M/Herrera moved, C/Tye seconded to continue 8.2 to July 18, 2006. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tanaka, Tye, M/Herrera NOES: COUNCIL MEMBERS: Chang ABSENT: COUNCIL MEMBERS: MPT/Zirbes 8.3 ADOPT RESOLUTION NO. 2006-60: ADOPTING LOCAL GOALS AND POLICIES FOR COMMUNITY FACILITIES DISTRICTS (CFDs) AND AUTHORIZING THE CITY MANAGER TO HIRE CONSULTANTS. CM/Lowry stated that the action before Council this evening related to the library CFD considers approving a resolution which includes the goals and policies that the City would set forth as reasons to create a Community Facilities District. ACM/Doyle introduced Brian Forbath who has been working with staff on the creation of the CFD language as well as rates and methods of apportionment and other detailed information necessary to create a Community Facilities District for the Library in order for it to be placed on the November ballot. Brian Forbath stated that as previously discussed, should the Council decide to move forward to create a CFD for a Library or for any Community Facilities District benefiting residents within the City, the Council would need to adopt certain goals and policies that are required by the Mello -Roos Act that sets forth minimum standards that the City would evaluate in rendering a decision as to whether or riot to form a Community Facilities District. These standards are broadly set forth in the Goals and Policies before the Council this evening. Adopting the Goals and Policies tonight is not a decision one way or the other as to how the Council would move forward on the Library Project. This is merely a first step in reaching that decision. He introduced Emad Mirgoli, Stone & Youngbird, the bond underwriting firm and Jenny Carter, Muni Financial, the City's special tax consultant. There was no one present who wished to speak on this matter. C/Tye wanted the public to be aware that he had attended virtually every meeting involving consideration of a new library, and the City had assessed JUNE 20, 2006 PAGE 19 CITY COUNCIL what the building and operating costs would be. He heard tonight that as best as the City can estimate the operating costs of the library are $1.2 million per year and an individual said that the Council had decided, as it went forward with the CFD, to double that amount because the square footage would be more than double the current facility. Not in any meeting in which he has been involved has anyone indicated or recommended that the costs be doubled. And, for the record, the Council agenda report regarding a special meeting that was held on June 1 read that "the annual operating cost increase will be funded through the CFD with a base amount of $500,000 and include an annual CPI adjustment." He feared that as the City moved forward rumors would abound and take on a life of their own. He encouraged residents to verify the facts. C/Tanaka moved, C/Tye seconded to Adopt Resolution No. 2006-60: Adopting Local Goals and Policies for Community Facilities Districts (CFDs) and Authorized the City Manager to hire consultants. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Zirbes 8.4 APPROVE CONTRACT WITH INLAND VALLEY HUMANE SOCIETY -SPCA TO PROVIDE ANIMAL CONTROL SERVICES THROUGH 2009, WHICH INCLUDES AN EXPECTEDANNUAL COST INCREASE FROM $82,463 TO $102,008. CM/Lowry stated that this item was brought forward under Council Consideration because while it is a contract renewal similar to other contracts, the amount that staff is presenting to the Council is a net result of the fee offset and the amount paid from the General Fund. Staff believes that this cost increase is so significant that Council might want to consider adjusting the fees to avoid further impact to the City's General Fund. SMA/McLean reported that since incorporation the City has contracted with the Inland Valley Humane Society to provide animal care and control services in the community. These services include operation of a public animal shelter as well as, enforcement of the City's animal related municipal codes and other codes. In staff's estimation the Inland Valley Humane Society has provided quality service throughout its term. In the past the City explored the option of contracting with Los Angeles County to provide animal services. Research showed that contracting with the County may not be the most cost-effective method and would potentially present several customer service concerns due to its distance from the community. The current contract expires July 1, 2006 and to ensure that animal services continue without interruption staff recommends that the contract with the Inland Valley Humane Society be extended for a three-year term through 2009. Due to the JUNE 20, 2006 PAGE 20 CITY COUNCIL increased cost of fuel, business expenses and salary adjustments, a proposed net increase from $82,463 to $102,008 is proposed. The proposed increase was incorporated in the Fiscal Year Budget for 2006/07 with the difference being absorbed through the General Fund. By adopting a revised fee schedule, the costs could be offset thereby eliminating a hit to the General Fund. Staff is seeking direction from the Council as to whether the Members would like to schedule consideration of these options during a future meeting. Any proposed adjustments would require a Public Hearing at a future meeting as well as, amendments to the new contract to reflect the new annual net costs. M/Herrera asked if service quality to residents had improved. ACM/Doyle responded that the last time staff negotiated the contract there were issues raised that primarily involved the Humane Society's approach during the canvassing process. Staff worked closely with the Society to modify their approach and perception within the community. To his knowledge there were no further complaints regarding the Inland Valley Humane Society. If the Council desires to consider this matter further, staff if so directed, would move forward to gather additional information for a future study session to understand what fees were raised and when they were raised. Should the Council approve a change in the fees the contract could be amended to lower the General Fund payment. M/Herrera asked if it would be prudent to approve a one-year contract during the reconsideration process. ACM/Doyle responded that staff discussed this matter with the iVHS. They indicated that if Council were to approve the three-year agreement and subsequently changed the fee structure they would adjust their contract. Therefore, he felt it was not an issue for the service provider and the City relative to the three-year agreement. Staff looked at other providers and with respect to service to the community it is much better to have the facility close rather than having to travel to Baldwin Park, for example. The current contract terminates June 30, 2006 and the new contract would extend the service to 2009. Were the fees to be adjusted they would continue to be paid directly to IVHS for animal control services and what the fees did not cover would be supplemented with General Fund dollars. There is a 360 -day termination clause for the new contract. C/Tanaka felt the Humane Society did an excellent job for the City. He felt that geographical proximity was a plus for animal owners. He also felt the Humane Society offered substantial volunteer opportunity for students and adults. The Humane Society is also involved with educational opportunities for groups such as the Boy Scouts, Girl Scouts as well as classroom Projects. The Humane Society deals with all kinds of animals — birds, horses, pot-bellied pigs, snakes, skunks, opossums, etc. JUNE 20, 2006 PAGE 21 CITY COUNCIL C/Tye said he was now less clear on what this service costs D.B. He thought the service cost to the City is $102,000. In previewing the contract, Page 3 indicates that the City will pay the Humane Society $102,800 over a 12 month period and under b) it indicates the gross animal care and control cost for the initial year is $202,800. CA/Jenkins responded that the reason the contract was written that way was because in the first line of 1) says that it is agreed that the grass animal care and control "cost" — and the reason the provider included "cost" is because they want the annual CPI adjustment referred to in paragraph c) to be based on the $202,800 figure. While the City's obligation is to pay only the $102,800 the difference between $100,000 and $202,000 is the amount of estimated fee recovery and if the provider does not recover that amount it eats the difference. If the provider recovers more it keeps the excess but the purpose of 1) is so that the CPI adjustment noted in c) would be based on the $202,000 amount. C/Chang moved, C/Tanaka seconded to Approve Contract with Inland Valley Humane Society -SPCA to Provide Animal Control Services through 2009, which includes an expected annual cost increase from $82,463 to $102,008 and direct staff to prepare alternative fee schedules for future Council Consideration subject to the proviso that were the Council to approve an increase in the fees, the City's contribution would be reduced commensurate with the anticipated revenue to be obtained by the provider from the increased fees. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: MPT/Zirbes 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka reported that on Tuesday June 13 he attended the D.B. Chamber of Commerce mixer; on June 15 he attended a retirement luncheon for a retiring Los Angeles Police Department Detective; on Sunday, June 18 he attended the sneak preview for Pacific Crest Drum & Bugle Corps. The Corps will perform on Saturday, June 24 at Mt. SAC. This morning he attended D.B.'s Day at the Fair Committee meeting along with C/Chang. The Committee plans to dedicate a day at the fair as Thursday, September 14 for the City of D.B. C/Chang said that when his friends visit D.B. they feel it is a different atmosphere and that the City is well run. It is the Council's goal to improve the quality of life for everyone and after tonight's approval of the 2006/07 Budget there is a surplus. He understands that some residents are concerned about a bond for the new library but after careful study the City, is very solid and does not intend to use its money unwisely. The Council has put the matter on the table for consideration in the light of day so that everyone understands what is involved. JUNE 20, 2006 PAGE 22 CITY COUNCIL C/Tye said it was his pleasure to attend the June 10 D.B.H.S. graduation and that he was very proud of his son for making it through the 12'h grade to graduate with his 797 classmates. On Saturday, June 11 he attended the Filipino Heritage Day, a regional celebration of independence. He asked residents to join him on Saturday, June 24 at the Jolly Bagel to discuss matters of concern from 9:00 a.m. to 11:00 a.m. He hoped residents would join "Team Huff' on Sunday, June 25 for the Walk for Life at Walnut High School. June 28 is the first Concerts in the Park and he thanked the D.B. Community Foundation. Two weeks from tonight everyone is invited to D.B.H.S. to enjoy what will surely be the biggest and best ever 4th of July celebration. On June 10 his wife Patty received her Masters degree from CalPoly- Pomona and he said he was very proud of her accomplishments. Those who have students at Diamond Ranch High School are the beneficiaries of one of the best teachers in the school system. He also thanked his wife for 30 years of marriage. M/Herrera congratulated C/Tye on celebrating 30 years of marriage. She too attended the outstanding Filipino event on June 11 during which one of the association board members gave a fascinating history of the last 100 years. The Filipino community is a large part of the City of D.B. as well as the City of Walnut and this was a regional event. On June 10 she attended a dinner sponsored by ALADS, Association of Los Angeles Deputy Sheriff's, celebration in conjunction with the District Attorney's Office honoring the heroism and valor of various deputy Sheriff's. It was a very moving event during which many acts of heroism were related. She was very pleased that such an event was held to honor the deputies who perform these heroic acts on a daily basis as part of theirjobs. She is proud that D.B. has a contract with the LA County Sheriff's Office and she was also proud that D.B. was recognized as one of their best contract cities and one of the best cities in which to work. Clue to the diligence and perseverance of the Sheriffs Department D.B.'s crime late remains low. She is President of the San Gabriel Council of Governments and unfortunately, the COG is having some financial problems and plans to consider raising dues from member cities. Dues have not been increased in 11 years and costs have risen. A special meeting is scheduled for July to deal with this matter and she may be asking the D.B. Council to approve an increase. M/Herrera said that she was very happy the City Council had adopted a balanced budget. She announced that Assemblyman Bob Huff invites everyone to participate in his 60th Assembly District Small Business Advisory Committee session on Friday June 23 from 7:30 a.m. to 9:00 a.m. at the SCAQD/Government Building in Room CC -2. The Committee will review legislation that will impact local business, proposed legislative ideas and address the fiscal crisis in the State of California. The Council covered a great deal of business this evening due to cancellation of the July 4 meeting. The next regular Council meeting is scheduled for July 18, 2006. JUNE 20, 2006 PAGE 23 CITY COUNCIL ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the regular City Council meeting at 9:35 p.m. to a Special City Council meeting on June 30, 2006 at 10:00 a.m. in the SCAQMD/Government Center Auditorium. Tommye Cribbins, CITY CLERK The foregoing minutes are hereby approved this day of 2006. CAROL HERRERA, MAYOR MINUTES OF THE CITY COUNCIL Agenda No. 6.1.2 ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 30, 2006 DRAFT CALL TO ORDER: Mayor Herrera called the Adjourned Regular City Council meeting to order at 10:10 a.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Herrera reported that today's meeting began at 9:00 a.m. with a Closed Session to discuss public employment of the City Manager. She stated that City Manager Linda Lowry announced her resignation and employment in another City to the City Council on June 20 to be effective July 20, 2006. The City Council discussed options for filling the vacancy and agreed that the City Council would begin negotiations with an individual who was not currently employed by the City of Diamond Bar. The City Council will hold a Special Meeting on July 10, 2006 at 9:00 a.m. to take action on the individual's proposed contract. 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: CM/Lowry, City Manager; David Doyle, Assistant City Manager; Carl Berger, Assistant City Attorney; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Kim Crews, Human Resources Manager; Ken Desforges, IS Director; and Ryan McLean, Senior Management Analyst. 1, PUBLIC COMMENTS: Jerry Hamilton wanted the Council, staff and residents to know why he would vote "no" on the library issue and would work to defeat the bond issue. He felt the City had not given full disclosure because the property at Summitridge Park on which the proposed facility would rest was not, in his opinion, sound. There is land slippage at the trailhead. When the Diamond Bar Center was built the Geologist said there would be no problem and everyone knows that D.B. has slippage. He showed photographs of the area and said the area was beginning to look like a waterfall. He said he was afraid to be in the area because the dirt is piling up and there is a depression in the hillside and the area near the Diamond Bar Center has begun to slip and other areas such as the monument the City built to honor veterans has slippage. He feared that when the area filled with water the entire hillside would erode. He said that if the City's Engineer and staff would assure him that the hillside was safe he would not protest the library issue. Audrey Hamilton said she too would not vote for the Library Bond Issue under the present circumstances because it is inequitable for the single-family homeowners. The expense of the library should be borne by all D.B. residents. The formula is skewed because in her opinion there are as many or more children living in condominium and manufactured homes and everyone should pay the same JUNE 30, 2006 PAGE 2 CITY COUNCIL amount. 2. RESPONSE TO PUBLIC COMMENTS: ACM/Doyle responded to Mr. Hamilton that the City is aware of the slippage and has applied for and received a FEMA grant to rebuild the hillside at Summitridge Park. The reconstruction and re- certification work is scheduled to commence about September 2006. 3. CONSENT CALENDAR: 3.1 APPROVE AN AMENDMENT TO THE AGREEMENT FOR TRAFFIC SIGNAL MAINTENANCE SERVICES WITH REPUBLIC ELECTRIC TO EXTEND THE TERM BY 24 MONTHS AND INCLUDE A $2.00 CPI HOURLY RATE ADJUSTMENT ANTICIPATING A MONTHLY COST OF $15,000. C/Chang moved, MPT/Zirbes seconded to approve an Amendment to the Agreement for TralFfic Signal Maintenance Services with Republic Electric to extend the term by 24 months and include a $2.00 CPI hourly rate adjustment anticipating a monthly cost of $15,000. 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 4. COUNCIL CONSIDERATION: 4.1 (a) ADOPT RESOLUTION NO. 2006-61: DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 2006-01 OF THE CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY), AND TO SUBMIT TO THE VOTERS THE AUTHORIZATION OF THE LEVY OF SPECIAL TAXES TO PAY THE COSTS OF THE LEVY OF SPECIAL TAXES TO PAY THE COSTS OF ACQUIRING, CONSTRUCTING AND MAINTAINING A MUNICIPAL LIBRARY AND TO FINANCE EXPENSES OF THE DISTRICT AND TO PAY DEBT SERVICE ON BONDED INDEBTEDNESS. (b) ADOPT RESOLUTION NO. 2006-62: RESOLUTION OF INTENTION TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY) SUBJECT TO A VOTE OF THE PEOPLE. ACM/Doyle stated that today's meeting was scheduled due to the timeline for getting the bond issue on the November ballot. This item must be adopted by the City Council prior to August 11, 2006 and due to the number of items and preparation to meet the timeline it was not feasible to have the JUNE 30, 2006 PAGE 3 CITY COUNCIL information prepared by the June 20 meeting. Today's meeting allows for the 30 -day period between adoption of these items and the meeting of August 1 at which time the Council would consider placing this matter on the November ballot. Brian Forbath, Stridling Yocca explained that the Resolutions before Council today state the intent of the City to form a Community Facilities District and to levy a special tax within that District sufficient to pay for bonded indebtedness and services to benefit and construct a library. The Resolution of Necessity incurs bonded Indebtedness that puts the public on notice that should the District be formed it is the City's intention to place the matter on the ballot as to whether to issue bonds in an amount not -to -exceed $13.1 million to be used i:o finance the Library. In taking these steps this morning the City Council will be setting a Public Hearing to fully air the matter in public on August 1, 2006. Adopting these Resolutions today in no way binds the City Council to move forward with the formation of the District. On August 1, the City Council will be asked to adopt Resolutions formally establishing the District and submit a ballot proposition to the voters. Chris Fischer, MuniFinancial explained that the rate and method of the apportionment document defines the parameters for levying the special tax. Currently on the table is a tax on single-family, multi -family, commercial and industrial property. Tax rates were developed using data involving comprehensive property information from the County as well as data regarding the appropriate uses and types of property within the City. In addition, MuniFinancial gathered census information from the State and County and employment data in order to determine density factors for the different types of properties. The tax is assigned on a per unit basis for each multi -unit development resulting in a proposed multi -family tax of $44.50 per unit. A 10 -unit development for example, would pay $445. Commercial and Industrial rates were determined using a per-acre/square foot of user - density. The proposed rates will provide sufficient revenue for repayment of debt service on the bonds that would be issued to provide for construction and $500,000 per year for ongoing maintenance and services for the Library in perpetuity. The imaintenance portion includes an escalator to allow for increasing costs for maintaining the Library. Mr. Fischer stated that once adopted, the rate and method and the Resolution of Intention would become part of the record. Upon approval of the Resolutions MuniFinancial will record a diagram with the County laying out the boundaries of the District giving notice that the Community Facilities District is in the process of being formed. Mr. Fischer explained the multiple unit rate formula to C/Tye using Table 1. MPT/Zirbes asked if the boundary map could be expanded if the City were to annex additional properties. JUNE 30, 2006 PAGE 4 CITY COUNCIL ACM/Doyle responded that part of the annexation process would be to include those properties under the District. M/Herrera asked for public comment. Kathleen Newe, Phillips Ranch, said that while she was a long-time resident of D.B. she was involved in many local issues including the Library and supports construction of the new Library. She offered a document containing words of support and information from Paul Kiddle, Mt. SAC Librarian. Kathleen Newe said that she and her husband pay a significant amount of taxes for their D.B. based business and remain vested in the community. C/Chang moved, C/Tanaka seconded to adopt Resolution No. 2006-61: Declaring the Intention to Establish Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library), and to submit to the voters the Authorization of Levy of Special Taxes to pay the costs of acquiring, constructing and maintaining a municipal library and to finance expenses of the District to pay debt service on bonded indebtedness. 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 C/Tanaka moved, C/Tye seconded to adopt Resolution 2006-62: Resolution of Intention to incur bonded indebtedness within the Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library) subject to a vote of the people. 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 4.2 APPROVAL OF LORBEER FIELD IMPROVEMENT (CONSTRUCTION VALUE OF $750,000) AND USE AGREEMENT, WHICH INCLUDES MAINTENANCE, SECURITY AND OTHER COSTS. CM/Lowry explained that in spite of efforts by CSD/Rose to conclude this matter in time for Council consideration this morning the item will be continued to the July 18, 2006 meeting for formal approval. CSD/Rose stated that if the City Council supports the improvement and maintenance program being negotiated with PUSD for the improvement and maintenance of fields at Lorbeer Middle School staff would need an additional three weeks or so to begin the interim maintenance program scheduled to commence on July 26, 2006 and to conclude negotiations with JUNE 30, 2006 PAGE 5 CITY COUNCIL PUSD by September. CSD/Rose reported that staff has been meeting with School District Officials since March 2006 and the agreement is nearing the final stages. Section 9.2 requires a termination option for the City that is similar to the option included in Section 9.1 and the final wording is imminent. Legal Counsel for the City and the School District are rewriting Section 11 and staff believes the document revisions will be concluded in time for the July 18 City Council agenda. The program contemplated in the Draft Agreement includes renovation, annual maintenance, ongoing maintenance and facility supervision of the Lorbeer site. CSD/Rose further stated that the cost for the major portion of the project (renovation) is included in the current fiscal year budget under Park Development Funds. When the item is presented to the City Council the request would include an appropriation of $45,000 for renovation. The ongoing maintenance of approximately $45,000 would include maintaining the football field and restrooms in a manner similar to how other City parks are maintained. In addition, there was a strong recommendation from the PUSD staff that there be facilities supervised by D.B. staff during community group use and the cost for the supervision is about $31,000 per year for part time staff. Staff intends to have the part time staff member visit other park sites in the community to provide similar site monitoring. The total cost in the 2006/07 Budget is $879,500, $795,000 of which would come from Park Development Funds with the remainder coming from the City's General Fund ($84,500). The proposed costs are comparable to what the City pays for maintenance costs at a typical City Park. C/Tye asked if the renovation could be accomplished in 60 days. CSD/Rose responded that 60 days was feasible as long as staff had all of the pieces in place. For example, a separate water meter for the slope and football field would need to be installed before Summer. The plans and specs and award of contract would have to be in place so that the notice to proceed to the Contractor would state that the day after school closed the project would commence. Staff researched artificial turf and found that there were no quantifiable statistics about injuries suffered on artificial turf versus natural turf. PUSD said they would not be interested in having artificial turf until the issue was resolved and the Parks and Recreation Commission agreed. CSD/Rose explained to C/Tye that the City would be reimbursed over the first 10 -year period for value of the lights ($21,000 per year). The overall view of improvements to the field is that since the lights were installed at Lorbeer, the football field has consistently deteriorated over time and the extensive use of the field exceeds the PUSD maintenance capacity. Thus, staff feels an obligation to remedy the situation and return the field to the condition that it enjoyed prior to the installation of the lights. JUNE 30, 2006 PAGE 6 CITY COUNCIL CSD/Rose responded to C/Tye that it was reasonable to close the field during refurbishment and that fields are closed during refurbishment of City parks. C/Tanaka congratulated CSD/Rose and staff for bringing this matter to a reasonable conclusion. M/Herrera asked for public comments. There was no one present who wished to speak on this item. MPT/Zirbes moved, C/Tye seconded to approve concept of the Lorbeer Field Improvement (Construction Value of $750,000) and Use Agreement, which includes Maintenance, Security and Other Costs. 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 ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the regular City Council meeting at 11:00 a.m. to the Regular City Council meeting of July 18, 2006. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this CAROL HERRERA, MAYOR day of 2006. 1 MINUTES OF THE CITY COUNCIL SPECIAL MEETING OF THE CITY OF DIAMOND BAR Agenda No . 6.1.3 July 10, 2006 CLOSED SESSION: 9:00 a.m., Conference Room B, Diamond Bar City Hall Public Comments on Closed Session Agenda ► Public Employment — City Manager Government Code Section 54957 CALL TO ORDER: 9:30 a.m., Conference Room B PLEDGE OF ALLEGIANCE: None ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes, Mayor Herrera Also Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Tommye Cribbins, City Clerk. COUNCIL CONSIDERATION: 1.1 City Manager Contract. Mayor Herrera advised that this item is to approve the City Manager Contract for Jim DeStefano, authorize the Mayor to execute a contract in the form approved by the City Attorney and appoint Jim DeStefano. MPT/Zirbes moved, seconded by C/Tye to approve the Contract, authorize the Mayor to execute the contract and appoint Mr. DeStefano as the City Manager effective July 31, 2006. With the following Roll Call vote, motion carried 5-0. AYES COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None No Public Comments were given. 2. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the meeting at 9:32 a.m. July 10, 2006 PAGE 2 Tommye Cribbins, CITY CLERK 2006. The foregoing minutes are hereby approved this day of CAROL HERRERA, MAYOR Agenda No. 6.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 13, 2006 CALL TO ORDER: Chairman McManus called the meeting to order at 7:03 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Chairman McManus led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Ron Everett, Kwang Ho Lee, Tony Torng, Vice -Chairman Steve Nelson and Chairman Joe McManus. Also present: Nancy Fong, Community Development Director; Ann Lungu, Associate Planner; Linda Smith, Development Services Associate, and Stella Marquez, Senior Administrative Assistant. 4. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: Mayor Carol Herrera said she was sad to bid farewell to Chairman McManus, her Commissioner appointee for several years. Joe McManus has done an exemplary job serving the community on the Planning Commission. As a Diamond Bar resident of 29 years Joe McManus's contributions to this community have been immeasurable with respect to development of the City and City events. The City thanks Joe McManus for all he has done to shape the community. Diamond Bar, the Planning Commission, and the City are all the better for his presence and service. Council Member Steve Tye said that it was wonderful to have a friend like Joe McManus and that he would be sorely missed. Joe McManus has left a positive and lasting impact on this community. Everything Joe McManus has touched has left a lasting imprint on this community and Joe McManus is irreplaceable. Joe McManus has been a wonderful friend, a wonderful ally and terrific confidante. Everyone will miss Joe and Lois McManus and as they pull their trailer out of town, they can look behind them and know that they made a difference in Diamond Bar and that the residents are grateful for everything they have contributed. 5. APPROVAL OF AGENDA: As Presented. 6. CONSENT CALENDAR: JUNE 13, 2006 PAGE 2 PLANNING COMMISSION 4.1 Minutes of the Regular Meeting of May 23, 2006. VC/Nelson moved, C/Lee seconded to approve the minutes of May 23, 2006, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None VC/Nelson, Lee, Everett, Torng, Chair/McManus None None 6.1 Notice of Availability — Mitigated Negative Declaration No. 2006-02 - City acquisition of .93 acres of undeveloped property. PROPERTY LOCATION: Southeast Corner of Diamond Bar Boulevard and Brea Canyon Road. APPLICANT: City of Diamond Bar ICDD/Fong presented staff's report and recommended that if accepted, staff be directed to bring back a Resolution for Adoption of Mitigated Negative Declaration No. 2006-02 on June 27, 2006. VC/Nelson asked staff to request BonTerra Consulting to coordinate dates on the Mitigation Table (Executive Summary II.) C/Torng moved, C/Everett seconded to direct staff to bring back a Resolution for Adoption of Mitigated Negative Declaration NO. 2006-02 on June 27, 2006. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Torng, Everett, Lee, VC/Nelson, Chair/McManus None None 6.2 Review of Fiscal Year 2006-2007 Capital Improvement Program (CIP) - Conformity with the General Plan. JUNE 13, 2006 7. PAGE 3 PLANNING COMMISSION DSA/Smith presented staffs report and recommended Planning Commission adoption of Resolution No. 2006-21 finding the proposed Fiscal Year 2006- 2007 Capital Improvement Program in conformance with the City's General Plan. Following a brief discussion, general questions and responses, C/Torng moved, VC/Nelson seconded to adopt Resolution No. 2006-21 finding the proposed Fiscal Year 2006-2007 Capital Improvement Program in conformance with the City's General Plan. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Torng, VC/Nelson, Everett, Lee, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None PUBLIC HEARINGS: 7.1 Development Review DR 2006-10 - In accordance to Chapter 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct a roof mounted screened wireless communications facility on the existing self -:storage building. The site is fully developed with a self - storage facility. The subject property contains 2.4 acres of land area. PROJECT ADDRESS: 275 S. Prospectors Road PROPERTY OWNER: U -Store it, L.P. 6745 Engle Road, Suite 300 Cleveland, OH 44130 APPLICANT: Ms. Maree Hoeger Core Communications Group 1028 Saga Street Glendora, CA 91741 Staff recommended' that the Planning Commission consider Items 7.1 and 7.2 all together, and to recommend that the Planning Commission direct staff to re -advertise both projects for June 27, 2006, to fully meet the legal requirements. JUNE 13, 2006 PAGE 4 PLANNING COMMISSION 7.2 Development Review No. 2006-09 — In accordance with Chapter 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct an addition of 1,143 square feet to an existing single-family dwelling unit. The second story addition will contain 1,111.5 square feet. The site is fully developed with a 1,350 square foot single -story dwelling unit. The subject property contains 10,356 square feet of land area. PROJECT ADDRESS: 441 Wayside Lane PROPERTY OWNER/ Mr. and Mrs. Romeo Barbero 441 Wayside Lane Diamond Bar, CA 91765 Chair/McManus opened the public hearing for both matters. With no one present to speak on these items, Chair/McManus closed the public hearing. C/Everett moved, to table Development Review No. 2006-10 and Development Review No. 2006-09 and to direct staff to re -advertise the matters for the June 27, 2006, meeting. C/Lee seconded the motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS Everett, Lee, Torng, VC/Nelson, Chair/McManus None None 7.3 Development Review DR 2004-06 — In accordance with Chapter 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of a one-year extension of time to begin construction of a new three-story single-family dwelling. The subject parcel of land is zoned R1- 40,000. The site is vacant and contains 1.21 acres of gross land area. PROJECT ADDRESS: PROPERTY OWNER: 24074 Falcons View Mr. and Mrs. Iqbal Vakil 22230 Steeplechase Lane Diamond Bar, CA 91765 JUNE 13, 2006 PAGE 5 PLANNING COMMISSION APPLICANT: Syed Raza Associates 12600 Central Avenue Chino, CA 91710 AssocP/Lungu presented staffs report and recommended Planning Commission approval of a one-year extension of time for Development Review No. 2004-06, Findings of Fact, and conditions of approval as listed within the Resolution. C/Everett expressed concern about a sewer connection and about an updated approval from "The Country Estates" homeowner's association. Syed Raza, applicant, said he read staffs report and concurred with the conditions of approval. Chair/McManus opened the public hearing. With no one present to speak on this matter, Chair/McManus closed the public hearing. C/Lee moved, VC/Nelson seconded to approve Development Review No. 2004-06, Findings of Fact, and conditions of approval as listed within the Resolution with the addition of the Condition proposed by staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Lee, VC/Nelson, Everett, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Lee said that Chair/McManus was a true leader and had always shown true integrity and leadership to the Commissioners. Personally, as a new Commissioner he has received the most careful and thoughtful guidance from Chair/McManus. He wished Chair/McManus much good luck and happiness. C/Torng appreciated Chair/McManus's leadership and all that he had done for the community and said it would be difficult to follow in his footsteps. He was fortunate to be present during the City Council's recognition for .Joe McManus. He wished Chair/McManus the very best in his new life in Oregon. C/Torng thanked staff for JUNE 13, 2006 PAGE 6 PLANNING COMMISSION their timely response to a resident's request for cleanup of street sweeping debris. ClTorng announced that he would not be present for the July 11 meeting. ClEverett thanked Chair/McManus for his leadership and Lois McManus for her support. He has watched the two of them work side by side in the service of their community for the past 29 years. Chair/McManus has been a key part of determining the City's land uses. Joe and Lois are models for professionalism and personal commitment to and with the people and have acted selflessly without regard for personal gain. Joe McManus has remained above the political fray and served this community quietly. Although ClEverett has not always agreed with their positions, Joe and Lois have given their personal effort, honesty and positive attitude that deserve his complete respect. He felt that Joe McManus would continue to be a model for community service in Diamond Bar and he recommended Joe McManus for the Diamond Bar Lifetime Service Award should such a recognition be available. Thank you to Joe and Lois for their service to Diamond Bar and ClEverett said he looked forward to hearing about their new ventures. VC/Nelson said there was a concern about the unsafe conditions on Grand Avenue between the freeway and Golden Springs Drive. Chair/McManus thanked staff and his fellow Commissioners for their comments and opined that he had enjoyed serving the community. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. 9.2 Project Status Report. CDD/Fong updated the Commission regarding Scribbles. Last Tuesday staff appeared before the Los Angeles County Business License Commission and testified to requesting that they not renew the entertainment and dancing license for the facility. The Commission complied with staff's request. In spite of the ruling Scribbles continues to have entertainment on Thursday nights. Staff sent letters to the Los Angeles l=ire Department to request a change in the occupancy load for the facility for dining and bar uses only. JUNE 13, 2006 PAGE 7 PLANNING COMMISSION 9.3 Presentation of Recognition Award to Joe McManus upon his retirement from the Planning Commission. VC/Nelson said he too had been in Diamond Bar just under 30 years and he too had been on, off and back on the Commission again. There the similarities end because he cannot hold a candle to Joe McManus and what Joe has done for this City. When VC/Nelson first came on as a Planning Commissioner Joe McManus mentored him. And to further what Carol Herrera and Steve Tye said and in his book and in the book of others he calls his friends, Joe McManus is synonymous with the name Diamond Bar. VC/Nelson said it was his honor to present a Plague to Joe McManus memorializing what Joe McManus had done for the City and while he wished Joe McManus could stay in Diamond Bar, VC/Nelson wished him the best in his new venture. Chair/McManus said he sincerely appreciated the accolades. As he moves about Diamond Bar he is reminded about the many wonderful residents. In spite of that it is time to move on and go fishing. 10. 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 7:57 p.m. Attest: Respectfully Submitted, Nancy FongS"I* CommunityWent Director A. -- teve Nelson, Vice C airman Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D.ITHE GOVERNMENT CENTER 21865 Copley Drive MAY 25, 2006 CALL TO ORDER: Chairman Dave Grundy called the Parks and Recreation Commission meeting to order at 7:06 p.m. in the SCAQMD/Government Center Building Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Herndon led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Lew Herndon, Ruth Low, and Vice Chairman Ted Owens and Chairman Dave Grundy. Absent: Commissioner Benny Liang was excused. Staff Present: Bob Rose, Director of Community Services; Anthony Jordan, Parks and Maintenance Superintendent; Claude Bradley, Parks and Maintenance Supervisor; Sara West, Recreation Services Manager and Marisa Somenzi, Senior 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 for April 11, 2006 Study Session C/Low moved, C/Herndon seconded to approve the April 11, 2006 Study Session minutes as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Herndon, Low, VC/Owens, Chair/Grundy NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Liang 1.2 Approval of Minutes for April 27, 2006 Regular Meeting C/Herndon asked for corrections to the minutes to include his requests for a connection from the upper to lower portion of the park and for a connection from the park to the sidewalk. MAY 25, 2005 PAGE 2 P&R COMMISSION C/Herndon moved, C/Owens seconded to approve the minutes as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Herndon, VC/Owens, Chair/Grundy NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Low ABSENT: COMMISSIONERS: Liang 2. INFORMATIONAL ITEMS 2.1 Recreation Program Report — RSM/West and RS/Meyers RSM/West stated that RSII/Wright asked her to remind the Commissioners that the Facilities .Allocation meeting was scheduled for June 27, 2006 at 6:30 p.m. in the Diamond Bar Center. C/Low asked how this year's City Birthday Party budget compared to previous years. RSM/West responded that it was the same. C/Low asked for an explanation of the book making class and RSMMIest said she believed the young people were being instructed on how to make small books. Chair/Grundy hoped that next year the Youth Track Meet could be held at a different venue in the City. RSM/West responded that traditionally, not that many D.B. teams participated in the past and it was not cost-effective forthe City to rent the Walnut High School track to accommodate students from a private West Covina school that were running as a D.B. team. CSD/Rose said that during budget discussions it was decided the City would use the track meeting funds for the local events such as the Winter Snowfest and Halloween event because the track meet was not accommodating D.B. residents. VC/Owens said the elementary track meets used to be very popular and wondered when it changed. CSD/Rose said he believed it might have something to do with a reduction in physical education classes. VC/Owens asked how many kids the Summer Youth Baseball program would accommodate and RSM/West said a fairly large number. There is no limit on the number except that staff attempts to keep the number of participants an equal number. CSD/Rose said the number was in the 200s. 2.2 Diamond Bar Community Foundation Oral Report. CSD/Rose reported that at the last quarterly meeting the Foundation agreed to pay for replacing the `Border Patrol" pads. Currently, the City is borrowing pads from the YMCA to run the indoor soccer program and over time the pads that are used around the boarder of the basketball court to prevent the ball from rolling off of the play area have deteriorated. The Foundation plans to sell grow necklaces'at the July 4t' Celebration to raise funds. The next Foundation meeting is scheduled for June 1. MAY 25, 2006 PAGE 3 P&R COMMISSION VC/Owens suggested a thank -you letter be sent to the Foundation from the Commission for their contribution. Chair/Grundy thought VC/Owens' suggestion was excellent and the other Commissioners concurred. 2.3 Parks Report — PMS/Jordan presented staff's report. PMS/Jordan introduced the City's newest Parks and Maintenance Supervisor, Claude Bradley. PMS/Jordan said that to date PMS/Bradley has met and exceeded the City's expectations and the City is very fortunate to have him on board. PMS/Jordan reported that during the first week of May the subcontractor for Valley Crest began removing approximately 180 cubic yards of excess soil at Summitridge Park lower field and transported it off-site. The next stage slated for June 2 is the process for rough grading and fine laser grading of the lower field. Once the grading is completed, Valley Crest will install the irrigation system and sod. Work is expected to take one to two weeks. With respect to Sycamore Canyon Park, on May 15 West Coast Arborists removed nine mature Sycamore trees that had been determined to be hazardous on the basis of two previously completed arborist's reports. Although the trees were very large and very mature they are not readily missed because there are so many other trees in the area. However, all nine trees will be replaced. PMS/Jordan responded to items of concern expressed by C/Herndon during the last Commission meeting. The plumbing in the nnen's room at Peterson Park was repaired and staff discovered another problem with the urinal that will be fixed. C/Herndon also suggested obtaining bids for a surveillance system at Maple Hill Park and PMS/Jordan said he had received a request for information from Bi -Tech Surveillance and the company will provide a proposal for on-site security cameras. Regarding the fence at the trail, it is a temporary fence and rather than repair the fence staff believes it would be best to have it removed. Prior to removing the fence staff intends to install signs that indicate individuals should remain on the trails so as not to disturb the habitat for which the fence was originally installed. C/Low asked for a history of why there are no restrooms at Summitridge Park. CSD/Rose responded that the park had restrooms that were taken out when the Diamond Bar Center was built. Staff has a set of plans showing restrooms and play equipment near the slope next to the baseball field and the football field. There is ongoing discussion about the long-term use of Summitridge Park and as a result the restrooms and tot lots were put on hold until a final decision is made. Whenever a sports organization has an ongoing scheduled use, portable restrooms are brought into the lower parking lot. At this time consideration of a new library is the City's highest priority and other amenities are on hold. 2.4 CIP Program Report — CSD/Rose a. Sycamore Canyon Park ADA Retrofit —Phase III — CSD/Rose reported that the project was just about ready to go out to bid. The goal is to have MAY 25, 2006 PAGE 4 P&R COMMISSION the bidding completed in order to award the contract at the first meeting in August and begin construction immediately following the end of the Concerts in the Park series. 3. OLD BUSINESS 3.1 CONSIDER CHANGING COMMISSION MEETING START TIME FROM 7:00 P.M. TO 6:30 P.M. TO COINCIDE WITH THE CITY COUNCIL MEETING START TIME. Following discussion, Commissioners unanimously concurred to leave the meeting start time at 7:00 p.m. 3.2 SUBCOMMITTEE APPOINTMENTS OF COMMISSIONERS: a. User Group — VC/Owens/Chair/Grundy b. Trails Master Plan — ClHerndon/C/Low C. Diamond Bar 4 Youth — C/Liang/ChairlGrundy 4. NEW BUSINESS 4.1 Synthetic Turf. CSD/Rose reported that at the request of ClHerndon this item was placed on the agenda to update the Commission on the use of synthetic turf on sports fields in D.B. Tonight's packet includes a copy of the Guide to Synthetic and Natural Turf Grass for Sports Fields, a 10 -month study conducted by the Sports Turf Managers Association. Although there are some benefits to synthetic turf, it requires a great deal of maintenance. After researching the matter, staff believes that only natural turf should be used in City parks and that in the event a sport complex was constructed synthetic turf should be evaluated for use in the facility. ClHerndon said he recently attended a seminar that discussed the use of synthetic turf. One of the benefits was the increased use of the facility, especially for lighted facilities. He said he concurred with staff's determination. Chair/Grundy thanked staff for providing the report. He served on the Sports Complex Task Force and participated in discussions regarding installation of artificial turf at Lorbeer Middle School. The study contained information about which he was, not previously aware. Personally, he was in favor of artificial turf until his son told him that there was greater opportunity for skin burn and ankle injury. RSM/West responded to Chair/Grundy that it was more common for individuals to suffer injury on Astra turf. Chair/Grundy said he was more cautious and wanted the City to be aware of what it might be getting itself into if it used artificial turf. C/Herndon said he believed the newer products were greatly improved and he understood that the selection of footwear had a lot to do with whether or MAY 25, 2006 PAGE 5 P&R COMMISSION not individuals suffered injuries. VC/Owens said that according to what he read the jury was still out regarding the health and safety of the athletes. He has heard a lot of horror stories about injuries suffered on artificial turf; staff infections from burns, slide tackles, etc. NFL players do not like playing on synthetic turf even with the Proper footwear. CILow believed that the City's parks were there to serve the entire community. Several of the parks are dedicated to youth and although it is important to serve the youth, there are other members of the community that enjoy the use of parks as well. If the City were to change over from natural grass to artificial turf it would discourage other individuals from using the parks for their enjoyment and she would not want to exclude any group including youth that could not afford special footwear to reduce injuries. 4.2 Lot Adjacent to Pantera Park. CSD/Rose referred the Commissioners to their packet information regarding lots adjacent to Pantera Park. The overview shows that the land to the east has a significantly different look. It is a fence line that separates the land owned by the City of Industry and the land owned by the City of D.B. It is a 57 -acre site that has a number of grading issues. In lieu of this site, the task force recommended Lots 1 and 61, a 65 -acre site, as the best location for a sports complex in the City. Staff has since learned that grading costs for Lots 1 and 61 could be as much as $25 million and there are also issues regarding an easement for ingress/egress. At this time it is not known what the grading costs would be for the parcels adjacent to Pantera Park. CSD/Rose responded to Chair/Grundy that there would be no cost for a grading bid. Chair./Grundy said he would be in favor of getting a more accurate bid for grading. CSD/Rose indicated that the land adjacent to Pantera Park is vent steep. C/Herndon said he walked the property on Saturday and the trail needs assistance because it is almost overgrown with underbrush in certain areas. C/Herndon said he believed that after looking at the "great wall of Target" that almost anything could be accomplished. The view from the top of the ridge on the land adjacent to Pantera Park is spectacular. He encouraged the City to pursue the possibility of a joint effort on the site that would include a sports complex. CSD/Rose responded to C/Herndon that the property is owned by the City of D.B. and the Open Space designation could be changed. 4.3 Offer of Public Art. Staff received an offer of an art piece to be placed in a City park. The art piece was constructed using Redwood and it has been painted. Staff's recommendation is that the piece would most likely be vandalized and that it would weather and would therefore recommend the Commission respectfully 5 MAY 25, 2006 PAGE 6 P&R COMMISSION decline the offer at this time. Chair/Grundy said he shared staff's concerns. It is an unusual art piece and he would like for the Commission to begin considering where in the City people could display their artwork in an enclosed facility for a specified period of time such as one month. He was concerned that accepting this offer would lead to other offers and result in a burden to the City and felt that the City should study the matter and create a policy that would be fair and equal to all participants. C/Herndon suggested recommending such an area within the new library if it is built. C/Low said that when she served on the Planning Commission she recommended Art in Public Places. The Planning Department prepared a very complete package to address that issue and included copies of program guides from neighboring cities. If the Commissioners were interested in pursuing the matter perhaps staff could be requested to obtain the information from ICDD/Fong for presentation to the Commission. She said she understood that Kurt Nelson, JCC Development was committed to placing an art piece at Larkstone Park. She also spoke with the Target developer about putting an art piece at the Target Center. She felt it would be good for the Commission to consider expanding the program to art in City parks as well. VC/Owens supported staff's recommendation that this request be denied because an untreated painted redwood piece would not stand up to weather and potential vandalism. He referred staff to Brea's Art in Public Places program. C/Herndon moved, C/Low seconded to respectfully decline the offer of the art piece in accordance with staff's recommendation. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Herndon, Low, VC/Owens, Chair/Grundy NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Liang CSD/Rose stated that he would contact ICDD/Fong and ask for her participation at a future Commission meeting. ANNOUNCEMENTS: C/Low thanked staff for great reports and for making the City's parks look so good. She said she looked forward to participating in the Concerts in the Park series. C/Herndon echoed C/Low's comments about the staff's effectiveness. He felt staff did a great job and encouraged them to keep up the good work. MAY 25, 2006 PAGE 7 P&R COMMISSION VC/Owens echoed prior statements. The packages that staff prepares are very detailed and informative and he thanked PMS/Jordan for maintaining the parks and for contributing to the overall good look of the City. Chair/Grundy agreed with prior statements about staff. He said he believed that staff always did a great job and deserved thanks for what they do. The AYSO Cottontail Classic was a huge success due to the look of the fields as well as the City's amenities. D.B. is a pleasant place to be and the City is attractive to those who attend the tournaments. ADJOURNMENT: Upon motion by VC/Owens seconded by C/Herndon and with no further business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting at 8:34 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose, Secretary Attest: /s/ Dave Grundy Dave Grundy, Chairman Agenda # 6 • 4 Meeting Date: July 18, 2006 CITY COUNCIL -'� AGENDA REPORT TO: Honorable Mayor and Members of, he City Council VIA: Linda C. Lowry, City Manager, TITLE: Ratification of Check Register dated June 16, 2006 through July 13, 2006 RECOMMENDATION: Ratify Check Register containing checks dated June 16, 2006 through July 13, 2006 totaling $2,241,711.11. FINANCIAL IMPACT: Expenditure of $2,241,711.11 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 June 16, 2006 through July 13, 2006 for $2,241,711.11 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. Linda G. Magnuson Finance Director REVIEWED BY: Finan a irector Assistant City Manager Attachments: Affidavit and Check Register — 06/16/06 through 07/13/06 4 i 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 June 16, 2006 through July 13, 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 $1,643,640.17 011 Community Organization Support Fd $3,100.00 112 Prop A - Transit Fund 34,634.63 115 Int. Waste Mgt Fund 11,611.36 118 AB2766 - AQMD Fund 11,988.81 125 CDBG Fund 29,645.69 127 Narcotics Asset Forfeit 392.25 138 LLAD #38 Fund 36,088.35 139 LLAD #39 Fund 30,025.82 141 LLAD #41 Fund 17,909.14 250 Capital Improvement Project Fund 231,212.89 510 Self Insurance Fund 191,462.00 $2,241,711.11 Signed: Linda G. Magnu o Finance Director City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/29/2006 06 -PP 13 PAYROLL TRANSFER PIR TRANSFER-061PP 13 118 10200 679.43 $125,566.80 6/29/2006 1 71203 PAYROLL TRANSFER P/R TRANSFER-06/PP 13 125 10200 1,052.45 $65.00 6/29/2006 PAYROLL TRANSFER PIR TRANSFER-061PP 13 138 10200 802.07 6/29/2006 1 71205 PAYROLL TRANSFER PIR TRANSFER-061PP 13 001 10200 115,783.44 $195.00 6/29/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 13 112 10200 2,932.88 6/29/2006 1 71206 PAYROLL TRANSFER PIR TRANSFER-06/PP 13 115 10200 2,712.37 $278.10 612912006 PAYROLL TRANSFER PIR TRANSFER-06/PP 13 139 10200 802.10 6/29/2006 1 71207 1PAYROULTRANSFER IPIR TRANSFER-06/PP 13 141 1 10200 802.06 $200.00 7/1312006 06 -PP 14 IPAYROLL TRANSFER PP -14 P/R TRNSFR 139 10200 1,100.05 $135,205.61 1 1 711312006 1 1PAYROULTRANSFER PAYROLL TRANSFER IPP -14 P/R TRNSFR 141 10200 1,099.96 711312006 1 71203 PAYROLL TRANSFER PP -14 PIR TRNSFR 118 10200 1,327.00 $65.00 711312006 PAYROLL TRANSFER PP -14 P/R TRNSFR 125 10200 1,573.51 711312006 1 71205 PAYROLL TRANSFER PP -14 P/R TRNSFR 138 10200 1,100.08 $195.00 711312006 PAYROLL TRANSFER PP -14 PIR TRNSFR 001 10200 118,045.49 7/1312006 1 71206 PAYROLL TRANSFER PP -14 PIR TRNSFR 112 10200 5,269.44 $278.10 7/13/2006 PAYROLL TRANSFER PP -14 PIR TRNSFR 115 1 10200 1 5,690.08 7/13/2006 1 06PP 15A IPAYROLL TRANSFER IPIR TRANSFER-06/PP 15A 1 001 1 10200 1 29,36Z501 $29,362.50 6/22/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 02-352 001 23012 300.00 6/20/2006 1 71203 ISAN GABRIEL VALLEY CITY MGR ASSC MTG-CMG/MCLEAN/DOYLE 1 0014030 1 42325 1 65.001 $65.00 6/22/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-516 001 23012 300.00 6/20/2006 1 71205 ISAN GABRIEL VALLEY CITY MGR ASSC MTG-CM,ACM,MCLEAN 1 0014030 1 42325 1 195.0ol $195.00 6/22/2006 1 71206 JAAA FLAG AND BANNER FLAGS -DBC 1 0015333 1 41200 1 278.101 $278.10 6/22/2006 1 71207 JAGBONKPOLO PK REFUND -HERITAGE 1 001 1 23002 1 200.001 $200.00 6/22/2006 1 71208 JALLAN ALBANO JPK REFUND -HERITAGE 1 001 1 23002 1 250.00 $250.00 6/22/2006 1 71209 JARMIJO NEWSPAPER & PR AD -JULY 4TH BLAST 1 0014095 1 42115 1 337.50 $337.50 6/22/2006 71210 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-520 001 23012 750.00 $1,740.00 6/22/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 02-352 001 23012 300.00 6/22/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-512 001 23012 390.00 6/22/2006 ARROYO GEOTECHNICAL CORP PROF.SVCS-EN 06-516 001 23012 300.00 Page 1 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/22/2006 71210... ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 001 34650 -54.00 $1,740.00 ... 6/22/2006 71212 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 02-352 001 23012 54.00 $309.99 6/22/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 02-352 001 34650 -54.00 6/22/2006 71217 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-520 001 23012 135.00 $289.22 6/22/2006 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-520 001 34650 -135.00 6/22/2006 71218 ARROYO GEOTECHNICAL CORP ADMIN FEE -EN 06-516 001 23012 54.00 $50.00 6/22/2006 1 71211 IAT & T PH.SVCS-GENERAL 1 0014090 1 42125 1 24.641 $24.64 1 BALING 1PK REFUND-REAGAN 001 23002 50.00 45320 228.80 6/22/2006 j 71212 1ATHLETIC WORLD ADVERTISING AD -D/13 HIGH SCHOOL 1 0014095 1 42115 1 309.991 $309.99 6/22/2006 71213J'JLIUS ULIUS BALING PK REFUND-REAGAN 001 36610 25.00 $75.uu 6/22/2006 1 BALING 1PK REFUND-REAGAN 001 23002 50.00 45320 6/22/2006 71214 BEAR STATE AIR CONDITIONING SVCS IN MAINT-DBC 0015333 1 45300 1 160.00 $355.00 6/22/2006 1 BEAR STATE AIR CONDITIONING SVCS IN IMAINT-DBC 0015333 1 45300 195.00 45320 6/22/2006 1 71215 IBEE REMOVERS IBEE REMOVAL -DIST 39 1395539 42210 65.00 $65.00 6/22/2006 1CONSTANCE CONSTANCE J. LILLIE CONTRACT CLASS -SPRING 0015350 45320 228.80 6/22/2006 71216 1 NATASHA BERNAL JPIK REFUND-REAGAN 001 23002 25.001 $25.00 6122/2006 71217 IBRUNDIGE GLASS SUPPLIES -DBC 0015333 42210 28922 $289.22 6122/2006 1 71218 IBULK TRANSPORTATION JPK REFUND -PETERSON 001 23002 50-001 $50.00 6/22/2006 1 71219 ICALIFORNIA ASSN CODE ENFORCEMENT TRNG-R SORIANO 7114 0015230 1 42340 1 65.00 $65.00 6/22/2006 71220 CAROL HERRERA REIMB CCCA CONF 0014010 42330 89.00 $89.00 6/22/2006 71221 ITINA CHANG ICONTRACT CLASS -SPRING 0015350 45320 115.201 $115.20 6/22/2006 1 71222 ICHARTER OAK GYMNASTICS, INC. CONTRACT CLASS -SPRING 0015350 1 45320 1 466.201 $466.20 6/22/2006 1 71223 ITRACY CHEN RECREATION REFUND 001 1 34760 1 465.001 $465.00 6/22/2006 71224 J. LILLIE CONTRACT CLASS -SPRING 0015350 45320 212.20 $441.00 6/22/2006 1CONSTANCE CONSTANCE J. LILLIE CONTRACT CLASS -SPRING 0015350 45320 228.80 Page 2 6/22/2006 71232 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 MAINT-DBC JUN 06 0015333 1 45300 1 12,006.50 $15,236.50 6/22/2006 DMS CONSULTANTS DH MAINTENANCE MAINT-PARKS JUN 06 0015340 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/22/2006 1 71225 AMBER CORNETO JPIK REFUND-REAGAN 001 1 23002 1 50.00 $50.00 001 23010 14.40 6/22/2006 1 71238 ICAROLINA EVANGELISTA JPIK REFUND -MAPLE HILL 6/22/2006 1 71226 TITO CORONA PK REFUND -HERITAGE 1 001 1 23002 1 50.00 $50.00 6/2212006 1 71227 COUNTY OF LOS ANGELES PUBLIC LIBRAR IMPRVMNTS-DIB LIBRARY 1 0014090 1 42210 1 10,000.001 $10,000.00 6/22/2006 1 7122$ JDAY & NITE COPY CENTER PRINT SVCS -BUDGET 1 0014090 1 42110 1 303.10 $303.10 6/22/2006 1 71229 ROSEMARIE DE PASS PK REFUND -DBC 1 001 1 36615 1 400.00 $400.00 6/22/2006 1 71230 ILISA DELIO JPK REFUND -DBC 001 1 36615 1 350.001 $350.00 6/22/2006 1 71231 CAROL DENNIS PROF.SVCS-P&R MTG 5/25 0015310 1 44000 1 150.001 $150.00 6/22/2006 71232 DH MAINTENANCE MAINT-DBC JUN 06 0015333 1 45300 1 12,006.50 $15,236.50 6/22/2006 DMS CONSULTANTS DH MAINTENANCE MAINT-PARKS JUN 06 0015340 45300 725.00 6/22/2006 71234 DH MAINTENANCE ADDL MAINT-DBC 0015333 42210 1 2,505.00 1 $14,751.55 6/22/2006 1 71233 DIAMOND BAR/WALNUT YMCA jCDBG PROG-MAY 06 1 1255215 1 42355 1 4,207.50 $4,207.50 6/22/2006 DMS CONSULTANTS INSPECTION SVCS -GRAND 2505510 R46411 1 558.00 14.40 6/22/2006 1 71234 DIVERSIFIED PARATRANSIT INC IDIAMOND RIDE -5116-5131 1 1125553 1 45529 1 14,751.55 $14,751.55 6/22/2006 71235 DMS CONSULTANTS DESIGN SVCS -GRAND AVE 2505510 R4641 1 3,290.00 $3,848.00 6/22/2006 6/22/2006 DMS CONSULTANTS INSPECTION SVCS -GRAND 2505510 R46411 1 558.00 6122/2006 1 71236 DOG DEALERS INC ICONTRACT CLASS -SPRING 1 0015350 1 45320 1 28.80 $28.80 6/22/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-152 001 23010 14.40 6/22/2006 1 71237 EDUCATION TO GO CONTRACT CLASS -SPRING 1 0015350 1 45320 1 208-001 $208.00 6/22/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-161 001 23010 14.40 6/22/2006 1 71238 ICAROLINA EVANGELISTA JPIK REFUND -MAPLE HILL 1 001 1 23002 1 200.00 $200.00 6/22/2006 71239 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-161 001 23010 14.40 $151.80 6/22/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-152 001 23010 14.40 6/22/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 14.40 6/22/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-161 001 23010 14.40 6/22/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-160 001 23010 14.401 1 Page 3 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/22/2006 71239... EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-160 001 23010 14.40 $151-80... 6/22/2006 71244 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-152 001 23010 14.40 $50.00 6/22/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-163 001 23010 14.40 6/22/2006 71245 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -GENERAL 0014090 42120 22.20 $816.00 6/22/2006 EXPRESS MAIL CORPORATE ACCOUNT EXPRESS MAIL -FPL 2005-163 001 23010 14.40 6/22/2006 71240 EXTERMINETICS OF SO CAL INC PEST CONTRL SVCS -DBC 0015333 45300 75.00 $115.00 6/22/2006 0015210 1 42325 EXTERMINETICS OF SO CAL INC RODENT CONTRL SVCS -DBC 0015333 45300 40.00 6/22/2006 I 71241 �FEDEX 6/22/2006 FEDEX EXPRESS MAIL -GENERAL 0014090 1 0014090 1 42120 42120 1 42.551 $76.76 EXPRESS MAIL -GENERAL 6/22/2006 71242 NANCY FONG REIMB-SUPPLIES 0015210 1 44220 1 31.13 $99.28 6/22/2006 $100.00 NANCY FONG IREIMB-MTGS 0015210 1 42325 68.15 SUPPLIES -DBC 6/22/2006 1 71243 JAPRIL FONSECA jPK REFUND -DBC 001 1 23002 100,001 $100.00 6/22/2006 GRAYBAR SUPPLIES -DBC 0015333 1 41200 1 85.72 6/22/2006 1 71244 JANNE MARIE GARROVILLAS JPK REFUND -PETERSON 001 1 23002 1 50.00 $50.00 612212006 HALL & FOREMAN, INC. PROF.SVCS-EN 06-520 001 23012 187.50 6/22/2006 1 71245 IWILLIAM GIEBE ICONTRACT CLASS -SPRING 0015350 1 45320 1 816.00 $816.00 6/22/2006 71246 GRAYBAR SUPPLIES -DBC 0015333 1 41200 1 129.77 $274.92 6/22/2006 GRAYBAR SUPPLIES -DBC 0015333 1 41200 1 85.72 6/22/2006 GRAYBAR SUPPLIES -HERITAGE PK 0015340 1 42210 59.43 6/22/2006 71247 HALL & FOREMAN, INC. PROF.SVCS-EN 06-514 001 23012 750,00i$12,654.78 612212006 HALL & FOREMAN, INC. PROF.SVCS-EN 04-450 001 23012 1,350.00 612212006 HALL & FOREMAN, INC. PROF.SVCS-EN 06-520 001 23012 487.50 612212006 HALL & FOREMAN, INC. PROF.SVCS-EN 06-520 001 23012 187.50 6/2212006 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 300.96 6/22/2006 HALL & FOREMAN, INC. PROF.SVCS-EN 01-321 001 23012 840.00 6/22/2006 HALL & FOREMAN, INC. PROF.SVCS-EN 01-321 001 23012 600.00 6/22/2006 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 34650 -210.00 6/2212006 HALL & FOREMAN, INC. PROF.SVCS-INSPECTION 0015510 45227 4,163.82 6/22/2006 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 3,975.00 6/22/2006 1HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 1 001 1 23012 150.00 Page 4 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6122/2006 71247... HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 34650 -150.00 $12,654.78 ... 6/22/2006 71255 HALL & FOREMAN, INC. ADMIN FEE -EN 01-321 001 23012 210.00 $108.00 6122/2006 71250 HALL & FOREMAN, INC. ADMIN FEE -EN 06-514 001 34650 -187.50 $586.24 6122/2006 71256 HALL & FOREMAN, INC. ADMIN FEE -EN 04-450 001 23012 337.50 $1,522.16 6122/2006 71251 HALL & FOREMAN, INC. ADMIN FEE -EN 04-450 001 34650 -337.50 $86.16 6122/2006 71257 HALL & FOREMAN, INC. ADMIN FEE -EN 06-520 001 23012 168.75 $242.03 6122/2006 HALL & FOREMAN, INC. ADMIN FEE -EN 06-520 001 34650 -168.75 6/22/2006 HALL & FOREMAN, INC. JADMIN FEE -EN 06-514 001 1 23012 1 187.50 6/22/2006 1 71248 TAMISHA HAMMS JPK REFUND -HERITAGE 1 001 23002 200.001 $200.00 6/22/2006 1 71249 1 LAURA HAYES IRECREATION REFUND 001 34760 230.001 $230.00 6/22/2006 71255 INLAND EMPIRE STAGES SR EXCRSWAGUA CALIENTE 0015350 45310 83.43 $108.00 6/22/2006 1 71250 IHIRSCH & ASSOCIATES INC. JADA RETROFIT-SYC CYN 2505310 R46415 586.24 $586.24 6/22/2006 71256 INLAND EMPIRE STAGES EXCURSION -SANTA BARBARA 0015350 45310 945.00 $1,522.16 6/22/2006 1 71251 HOME DEPOT CREDIT SERVICES SUPPLIES -PARKS 0015340 42210 86.16 $86.16 6/22/2006 71252 INLAND EMPIRE STAGES TRANS -SANTA BARBARA 1125350 45310 1,009.00 $3,261.43 6/22/2006 INLAND EMPIRE STAGES TRANS -SANTA BARBARA 0015350 45310 144.00 6/22/2006 71255 INLAND EMPIRE STAGES SR EXCRSWAGUA CALIENTE 0015350 45310 83.43 $108.00 6/22/2006 INLAND EMPIRE STAGES TRANS PORTATION-EXCU RSN 1125350 45310 1,080.00 6/22/2006 71256 INLAND EMPIRE STAGES EXCURSION -SANTA BARBARA 0015350 45310 945.00 $1,522.16 6/22/2006 71253 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2004-68 001 23010 212.40 $2,967.60 6/22/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD-NTMP 0015510 42115 247.20 6/22/2006 71255 INLAND VALLEY DAILY BULLETIN LEGAL AD-LLAD #38 1385538 42115 710.40 $108.00 6/22/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD-LLAD #39 1395539 42115 898.80 6122!2006 71256 INLAND VALLEY DAILY BULLETIN LEGAL AD-LLAD #41 1415541 42115 898.80 $1,522.16 6/2212006 1 71254 LISA IWASAKI JPK REFUND -DBC 001 1 23002 1 350-651 $350.00 6/2212006 1 71255 MOHAMAD R JAHANVASH ICONTRACT CLASS -SPRING 0015350 1 45300 1 108-001 $108.00 6/22/2006 1 71256 JUDICIAL DATA SYSTEM CORP IPARKING CITE ADMIN -MAY 06 0014411 45405 1 1,522.161 $1,522.16 6122!2006 1 71257 KENS HARDWARE SUPPLIES -DBC 0015333 41200 1 34.281 $242.03 Page 5 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Y Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/22/2006 71257... KENS HARDWARE SUPPLIES -RECREATION 0015350 41200 20.96 $242.03 ... 6122/2006 71259 KENS HARDWARE SUPPLIES -PARKS 0015340 42210 105.96 $1,000.00 6122/2006 KENS HARDWARE SUPPLIES -GENERAL 0014090 41200 26.35 6/22/2006 1 71260 KENS HARDWARE SUPPLIES -COMM SVCS 10015310 42200 54.48 $48.00 6/22/2006 1 71258 IGHAZALA KHAN PROF.SVCS-DBC 1 001 23002 1 100.001 $100.00 6/22/2006 71259 SHASHANK KHETAN PK REFUND -DBC 001 23002 1,000.00 $1,000.00 6/22/2006 1 71260 GABRIELA KLEIN ICONTRACT CLASS -SPRING 0015350 45320 1 48.001 $48.00 6/22/2006 6/22/2006 I 71261 l KLEINFELDER INC (KLEINFELDER INC PROF.SVCS-EN U4-449 IPROF.SVCS-EN 04-449 00i I 001 23012 I 23012 232.5v I 637.50 $870.00 6/22/2006 1 71262 IKEN KUHLMAN jPK REFUND -DBC 1 001 1 23002 1 50.00 $50.00 6!22/2006 1 71263 IMARLYS KURUMA JPK REFUND -DBC 001 1 23002 1 100.001 $100.00 6/22/2006 1 71264 ILANTERMAN DEV CENTER/COMM INDUSTRIE IWEED ABATEMENT -MAY 06 0015558 1 45503 1 1,829.36 $1,829.36 6122/2006 1 71265 ILARRY JOHNSON CONSTRUCTION INC REFUND -GRADING BOND 001 1 23001 1 2,43-5.401 $2,435.40 612212006 1 71266 IKIRK LEE jPK REFUND-PANTERA 001 1 23002 1 50.001 $50.00 6/22/2006 1 71267 ILIANA PINCHER IT R T COMM -6/8 0015510 1 44100 1 45.001 $45.00 6/22/2006 1 71268 LOWE'S BUSINESS ACCOUNT SUPPLIES -PARKS 0015340 1 42210 1 73-051 $73.05 6/22/2006 1 71269 ILINDA MAGNUSON REIMB-GFOA CONF 0014050 1 42330 1 995.211 $995.21 6/22/2006 71270 IKAREN MAY ICONTRACT CLASS -SPRING 0015350 1 45320 1 144.001 $144.00 6/22/2006 71271 IMCE CORPORATION IVEGETATION CONTRL-MAY 0015558 1 45508 1 8,913.721 $8,913.72 6/22/2006 1 71272 JMDG ASSOCIATES INC HIP PROG-1735 AUTUMGLOW 1255215 1 44000 1 232.00 $232.00 6/22/2006 1 71273 ISURENDRAMEHTA CONTRACTCLASS-SPRING 0015350 1 45320 1 1,3668.001 $1,368.00 Page 6 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/22/2006 71274 STEVE MICHAEL PK REFUND-PANTERA 1 001 1 23002 1 50.00 $50.00 6/22/2006 1 71275 IREGINOLD MITCHELL JPK REFUND-REAGAN 001 1 23002 1 50.001 $50.00 6/22/2006 JOAK TREE LANES INC CONTRACT CLASS -SPRING 0015350 45320 81.00 129.20 1 6/22/2006 1 71276 IKENNETH MOK IT & T COMM -618 0015510 1 44100 1 45.00 $45.D0 6/22/2006 PRINCE SHANT CORP FUEL -GENERAL 0014090 42310 355.61 6/22/2006 1 71277 IMT CALVARY LUTHERAN CHURCH & SCHOOL IFACILITY RENTAL -APR -JUN 0015350 1 42144 1 4,080.00 $4,080.00 6/22/2006 1 71276 MARIA NAVARRO JPK REFUND -DBC 001 1 23002 1 500.00 $500.00 6/22/2006 1 71279 INEXTEL COMMUNICATIONS JAIRTIME CHRGS-PW/CS/CD 0014090 42130 493.61 $493.61 6/22/2006 1 71280 1HEATHER NUQUES ICONTRACT CLASS -SPRING 0015350 45320 84.001 $84.00 6/22/2006 71281 OAK TREE LANES INC EXCURSION -BOWLING 0015350 42410 252.00$333.00 6/22/2006 6/22/2006 JOAK TREE LANES INC CONTRACT CLASS -SPRING 0015350 45320 81.00 6/22/2006 1 71282 JDANIELLA OAXACA IPARK REFUND -DBC 1 001 1 23002 1 64.00 $64.00 6/22/2006 PERS HEALTH ADMEN FEE-JUL 06 0014090 40086 129.20 1 6/22/2006 1 71283 JOILYMPIC STAFFING SERVICES ITEMP SVCS -WK 6111 0015310 1 44000 1 79.441 $79.44 6/22/2006 PRINCE SHANT CORP FUEL -GENERAL 0014090 42310 355.61 6/22/2006 71284 JOLYMPIC STAFFING SERVICES ITEMP SVCS -WK 5125 0015510 1 44000 1 635.521 $635.52 6/22/2006 1 71285 JAILEEN PARTIDA PK REFUND-PANTERA 001 1 23002 1 50.00 $50.00 6/22/2006 71286 PERS HEALTH JULY 06 -HEALTH INS PREMS 001 21105 21,825.11 $22,056.35 6/22/2006 PERS HEALTH ADMEN FEE-JUL 06 0014090 40086 129.20 1 6/22/2006 PERS HEALTH ADMIN FEE-JUL 06 0014060 40093 102.04 6/22/2006 1 71287 1POMONA JUDICIAL DISTRICT IPARKING CITATION FEE -MAY 1 001 1 32230 1 2,210.00 $2,210.04 6/22/2006 71288 PRINCE SHANT CORP FUEL -COMM SVCS 0015310 42310 611.49 $2,006.15 6/22/2006 PRINCE SHANT CORP FUEL-NGHBRHO IMP 0015230 42310 369.15 6/2 212 0 0 6 PRINCE SHANT CORP FUEL -ROAD MAINT 0015554 42310 669.90 6/22/2006 PRINCE SHANT CORP FUEL -GENERAL 0014090 42310 355.61 6/22/2006 1 71289 IPURKISS ROSE RSI IDESIGN SVCS -PAUL GROW PK 1 2505310 1 46415 1 2,397.501 $2,397.50 Page 7 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date I Check Number) Vendor Name I Transaction Description I Fund/ Dept I Acct # I Amount I Total Check Amount 6/2212006 1 71290 IQUIXOTE IST SIGNS -PUBLIC WORKS 1 0015554 1 45506 1 4,763.00 $4,763.00 6122!2006 71291 R & D BLUEPRINT PRINT SVCS-PIWORKS 0015510 42110 1 22.93 $68.12 6122120261 6/22/2006 R & D BLUEPRINT PRINT SVCS-PIWORKS 0015510 1 42110 1 45.19 6/22/2006 1 71292 IR F DICKSON COMPANY DEBRIS DIVERSION -MAY 06 1155515 1 45500 1 3,208.911 $3,208.91 6/22/2006 SMART & FINAL SAN GABRIEL VALLEY TRIBUNE LEGAL AD-LLAD #38 1385538 42115 924.32 6/2212006 1 71293 ISCOTT RHEINS PK REFUND-PANTERA 1001 1 23002 1 50.001 $50.00 6/22/2006 SAN GABRIEL VALLEY TRIBUNE LEGAL AD-LLAD #41 1415541 42115 902.70 6/2212006 1 71294 IROTO ROOTER PLUMBERS MAINT-MAPLE HILL PK 0015340 1 42210 1 206.751 $206.75 6/22/2006 71295 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -FPL 2004-68 001 23010 250.34 $2,977.24 6/22/2006 SMART & FINAL SAN GABRIEL VALLEY TRIBUNE LEGAL AD-LLAD #38 1385538 42115 924.32 6/22/2006 71297 SAN GABRIEL VALLEY TRIBUNE LEGAL AD-LLAD #39 1395539 42115 899.88 $100.00 6/22/2006 SAN GABRIEL VALLEY TRIBUNE LEGAL AD-LLAD #41 1415541 42115 902.70 6/22/2006 1 71296 ISIBIR ENTERPRISES INC BAND -CONCERT IN PARK 0015350 1 45305 1 900.00 $900.00 6/22/2006 SMART & FINAL SUPPLIES -DAY CAMP 0015350 41200 1 180.47 74.77 6122/2006 1 71297 ISARITA SCHUBEL JPK REFUND -DBC 001 1 23002 1 100.00 $100.00 6/22/2006 1 71298 IJACK SHAH IT & T COMM -6/8 0015510 1 44100 1 45.001 $45.00 6/22/2006 1 71299 INAYAN SHAH IRK REFUND -DBC 001 1 23002 1 350.001 $350.00 6/22/2006 1 71300 IMICHAEL SHAY IT & T COMM -6/8 0015510 1 44100 1 45.00 $45.00 6/22/2006 1 71301 IJACK SHERRATT PK REFUND -HERITAGE 001 1 23002 1 50.00 $50.00 6/22/2006 71302 ISKATE EXPRESS ICONTRACT CLASS -SPRING 1 0015350 45320 1 240.00 $240.00 6/22/2006 71303 SMART &FINAL SUPPLIES -SR BINGO 0015350 41200 260.06 $440.53 6/22/2006 6/22/2006 SMART & FINAL SUPPLIES -DAY CAMP 0015350 41200 1 180.47 6/22/2006 71304 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 96.84 $6,568.23 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 74.77 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 35.76 Page 8 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/22/2006 71304... SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 41.09 $6,568.23 ... 6/22/2006 71307 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 48.10 $672.00 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 59.31 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 35.76 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 41.75 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 97.34 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 81.01 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 55.98 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 38.08 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 29.45 6122�2nng CfH ITI-IFPN !.A] IFr)PNIG r=n1CC)K1 FI F(('T SV( R -TRAFFIC` C'.ONTRI 0015510 42126 10.50 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 41 1415541 42126 13.76 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 57.94 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 44.01 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DIST 38 1385538 42126 12.47 6/22/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -DBC 0015333 42126 5,566.18 6/22/2006 ISOUTHERN CALIFORNIA EDISON IELECT SVCS -DIST 38 1385538 142126 128.13 1 1 6/22/2006 71305 SOUTHERN CALIFORNIA GAS COMPANY GAS SVCS -HERITAGE PK 0015340 4212663.37 1 001 $341.73 6/22/2006 1 SOUTHERN CALIFORNIA GAS COMPANY GAS SVCS -DBC 0015333 1 42126 278.36 001 34780 6/22/2006 1 71306 ISOUTHILAND CHRISTIAN SCHOOL JPK REFUND-SYC CYN PK 1 001 1 23002 1 50.00 $50.OQ 1 LEE STEVE RECREATION REFUND 001 34780 85.00 6/22/2006 1 71307 ISTAN GONTA ICONTRACT CLASS -SPRING 1 0015350 1 45,320 1 6.72.001 $672.00 6122/2006 1 71308 LEE STEVE RECREATION REFUND 001 34780 10.00 $95.00 6122/2006 1 LEE STEVE RECREATION REFUND 001 34780 85.00 6/22/2006 1 71309 ISTITCHES UNIFORMS & EMBROIDERY SUPPLIES -ROAD MAINT 10015554 41250 1 128.471 $128.47 6/22/2006 1 71310 ISULLY MILLER CONTRACTING CO IST REHAB -WALNUT DR 1 2505510 46411 1 10,382.921_$10,382.92 TENNIS ANYONE —T, ONTRACT CLASS -SPRING 0015,350 45320 6/2212006 71311 TENNIS ANYONE CONTRACT CLASS -SPRING I 0015350 I 45320 I 1.6 506.10 $3,187.10 6/2212006 1 71312 TJMAGIC ENTERPRISES IMAGIC SHOW -TINY TOTS 1 0015350 1 45300 1 200.001 $200.00 Page 9 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept I Acct # I Amount I Total Check Amount) 6/22/2006 71313 TOSHIBA BUSINESS SOLUTIONS MAINT-COPIER DBC 0015333 1 42200 1 88.47 $88.47 6/22/2006 VERIZON CALIFORNIA PH.SVCS-FAX LINEICMGR 0014030 42125 32.72 6/22/2006 71314 ITRENCH PLATE RENTAL CO EO RENTAL -ROAD MAINT 0015554 1 42130 1 120.00 $120.00 6/22/2006 VERIZON CALIFORNIA PH.SVCS-PANTERA PK 0015340 42125 90.19 6/22/2006 1 71315 ITRUGREEN LANDCARE JADDL MAINT-PARKS 0015340 1 42210 1 3,500.00 $3,500.00 6/22/2006 71316 SARAH TSA/ RECREATION REFUND 001 34760 230.00 $230.00 6/22/2006 71317 UNITED SITE SERVICES OF CALIFORNIA EQ RENTAL-LORBEER SCH 0015340 42130 292.23 $292.23 6/22/2006 1 71318 11 -IS HEALTHWORKS MEDICAL GROUP Pr PRF-FMPI nYMENT PHY.RirAI S 1 0014060 1 42345 1 110.00l 5110.00 6/22/2006 1 71319 IVALLEY CREST LANDSCAPE MAINT INC ADDL MAINT-PANTERA PK 1 0015340 1 42210 1 891.70 $891.7Q 6/22/2006 1 71320 IVALLEY TROPHY SUPPLIES -RECREATION 1 0015350 1 41200 1 673.851 $673.85 6/22/2006 1 71321 IVANTAGEPOINT TRANSFER AGENTS -457 6116106 -PIR DEDUCTIONS 1 001 1 21108 1 4,789.231 $4,789.23 6/22/2006 71322 VERIZON CALIFORNIA PH,SVCS-HERITAGE PK 0015340 42125 43.06 $479.32 6/22/2006 VERIZON CALIFORNIA PH.SVCS-INFO TO GO 0014090 42125 108.50 6/22/2006 VERIZON CALIFORNIA PH.SVCS-FAX LINEICMGR 0014030 42125 32.72 6/22/2006 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 24.47 6/22/2006 VERIZON CALIFORNIA PH.SVCS-PANTERA PK 0015340 42125 90.19 6/2212006 VERIZON CALIFORNIA PH.SVCS-SYC CYN PK 0015340 1 42125 180.38 6/22/2006 1 71323 ILE HONG WANG ICONTRACT CLASS -SPRING 1 0015350 1 45320 1 237.60 $237.60 6/22/2006 71324 WARREN SIECKE TRFFC SGNL-D/B/N/B 57 2505510 R46412 446.20 $2,377.00 6/22/2006 WARREN SIECKE TRFFC SGNL-D/B/CLD SPRINGS 2505510 R46412 446.20 6/22/2006 WARREN SIECKE PROF.SVCS-ENGINEERING 0015554 44520 146.00 6/22/2006 WARREN SIECKE TRFFC SGNL-PTHFNDR 2505510 R45412 446.20 6/22/2006 WARREN SIECKE TRFFC SGNL-D/BIMAPLE HLL 2505510 R46412 446.20 6/2212006 WARREN SIECKE TRFFC SGNL-DIBISNST XING 2505510 R46412 446.20 6/2212006 1 71325 WAXIE SANITARY SUPPLY SUPPLIES -DBC 1 0015333 1 41200 1 515.971 $515.97 Page 10 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name 1IRMAWICKMAN Transaction Description Fundl Dept i Acct # Amount Total Check Amount 6/22/2006 71326 RECREATION REFUND 001 34720 1 152.00 $152.00 6/22/2006 1 71327 IWINDOR HIP PROG-20902 MOONLAKE 1 1255215 1 44000 1 424.201 $424.20 6/22/2006 j JALBERTSONSUPPLIES-DAYS ALBERTSONS REV JOSHUA YEH lPK REFUND -DBC 001 36615 -50.00 6/22/2006 1 71328 JARLENE WOO jPK REFUND -DBC 1 001 1 23002 1 500.00 $500.00 6/22/2006 1 71329 JELLEN WU jPK REFUND-PANTERA 1 001 1 23002 1 50.00 $50.00 6/22/20065 71330 IFELIX XU JPK REFUND -DBC 1 001 1 23002 1 500.00 $500.00 6/22/2006 1 71331 IMANDY XU IRECREATION REFUND 1 001 1 34780 1 126.001 $126.00 6/22/2006 71332 REV JOSHUA YEH PK REFUND -DBC 001 23002 500.00 $450.00 6/22/2006 j JALBERTSONSUPPLIES-DAYS ALBERTSONS REV JOSHUA YEH lPK REFUND -DBC 001 36615 -50.00 6/22/2006 1 71333 IYOSEMITE WATER EQ RENTAL-SCY CYN PK 1 0015310 1 42130 1 26.101 $26.10 1 JALBERTSONSUPPLIES-DAYS ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 69.35 6.50 6/22/2006 1 71334 IHENRY YOUNG lPK REFUND-PANTERA 1 001 1 36625 1 458.43 $458.43 6/29/2006 1 71335 IMANUELACHUCARRO RECREATION REFUND 1 001 1 34730 1 30.001 $30.00 6/29/2006 1 71336 JADELPHIA INTERNET SVCS -HERITAGE PK 1 0015340 1 42126 1 39.95 $39.95 6/29/2006 1 71337 JAGRICULTURAL COM WGHTS & MEASURES JCOYOTF CONTROL SVCS -MAY 1 0014431 1 45406 1 912.061 $912.06 6/29/2006 71336 1 MARIELA ALVAREZ CAMP 0015350 41200 18.37 $87.72 6129/2006 1 JALBERTSONSUPPLIES-DAYS ALBERTSONS SUPPLIES -DAY CAMP 0015350 41200 69.35 6/2912006 71339 1 MARIELA ALVAREZ REIMB-SUPPLIES 1 0015350 1 41200 1 35.53 $35.53 6/29/2006 JARAMARK ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -ROAD MAINT 0015554 42130 6.50 6/29/2006 71340 JAMERICAN PUBLIC WORKS ASN AD-SR.ENG/JR.ENG MARIAPR 10014060 1 42115 1 606.001 $606.00 6/29/2006 1 71341 JAMERICOMP GROUP INC SUPPLIES -TONER 1 0014070 1 45000 1 749.091 $749.09 6/29/2006 71342 WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -PARKS 0015310 1 42130 18.50 $25.00 6/29/2006 JARAMARK ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -ROAD MAINT 0015554 42130 6.50 Page 11 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/29/2006 71343 ARROYO GEOTECHNICAL CORP PROF.SVCS-FPL 2005-161 001 23010 1 615.00 $615.00 6/29/2006 71344 BEAR STATE AIR CONDITIONING SVCS IN MAINT SVCS-PANTERA PK 0015340 42210 85.00 $690.79 6/29/2006 BEAR STATE AIR CONDITIONING SVCS IN MAINT-DBC 0015333 42210 450.79 6/29/2006 71346 BEAR STATE AIR CONDITIONING SVCS IN MAINT SVCS -HERITAGE PK 0015340 42210 155.00 $561.20 6/29/2006 1 71345 IBEE REMOVERS BEE REMOVAL -DIST 39 1 1395539 1 42210 1 105.G01 $105.00 6/29/2006 BEVERLY CARTER jPK REFUND -HERITAGE PK 001 36620 -47.50 6129/2006 1 71346 BENESYST 06/30/06 -PIR DEDUCTIONS 001 21105 1 561.20 $561.20 6/29/2006 CDW GOVERNMENT INC. COMP EQ -SOFTWARE 0014070 46230 6,983.15 6/29/2006 1 71347 JBIENESYST FSA FUND DEPOSIT 1 0014060 1 42346 1 1,666.57 $1,666.57 6/29/2006 1 71348 IBLUESKY CAFE JMTG SUPPLIES -GENERAL 0014090 1 42325 1 35.18 $35.18 6/29/2006 1 71349 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-09 1 001 1 23010 1 1,370.001 $1,370.00 6/29/2006 71350 BEVERLY CARTER PK REFUND -HERITAGE PK 001 23002 200.00 $152.50 6/29/2006 BEVERLY CARTER jPK REFUND -HERITAGE PK 001 36620 -47.50 6/29/2006 71351 CDW GOVERNMENT INC. ANNL MAINT-SOFTWARE 0014070 46230 4,302.94 $13,521.46 6/29/2006 CDW GOVERNMENT INC. ANNL MAINT-SOFTWARE 0014070 46230 1,163.69 6/29/2006 71353 CDW GOVERNMENT INC. ANNL MAINT-SOFTWARE 0014070 46230 1,071.68 $640.00 6/29/2006 CDW GOVERNMENT INC. COMP EQ -SOFTWARE 0014070 46230 6,983.15 6/29/2006 1 71352 CENTER ICE SKATING ARENA CONTRACT CLASS -SPRING 0015350 j 45320 1 27.00 $27.00 6/29/2006 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 50.00 6/29/2006 1 71353 CLIMBX INDOOR ROCK CLIMBING EXCURSION -DAY CAMP 1 0015350 j 42410 1 640.00 $640.00 6/29/2006 1 71354 KAREN COOK IRECREATION REFUND 1 001 1 34760 1 605.00 $605.00 6/29/2006 1 71355 COURT ORDERED DEBT COLLECTIONS SLRY ATTCHMT-CE-069-5061 1 001 1 21114 1 414.88 $414.88 6/2912006 1 71356 JDAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 1 42110 1 81.19 $81.19 6/29/2006 71357 CAROL DENNIS PROF.SVCS-SS/CC MTG 0014030 44000 375.00 $750.00 6/29/2006 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 50.00 6/29/2006 CAROL DENNIS PROF.SVCS-T&T MTG 0015510 44000 125.00 Page 12 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/29/2006 71357... CAROL DENNIS PROF.SVCS-SPCL MTG 0014030 44000 1 200.00 $750.00 ... 1 780.00 6/29/2006 1 71368 IFIRST REGIONAL BANK RETENTION -SEQUEL 1 250 6/29/2006 1 71358 KEN DESFORGES REIMB-CONF JUN 06 1 0014070 1 42330 1 539.37 $539.37 6/29/2006 6/29/2006 6/29/2006 6/29/2006 71359 DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE DIAMOND BAR CHAMBER OF COMMERCE MTG-COUNCIL CONTRACT SVCS -MAY 06 CONTRACT SVCS -JUNE 06 0014010 0015240 0015240 42325 45000 45000 10.00 2,000.00 2,000.00 $4,010.00 6/29/2006 71360 DIAMOND BAR HIGH SCHOOL COMMUNITY ORG SUPPORT FND 0114010 42355 1,100.00 $0.00 6129/2006 1 DIAMOND BAR HIGH SCHOOL COMMUNITY ORG SUPPORT FND 011 1 25500 1 1,100.00 1 44000 1 612912006 1 71361 IDIAMOND BAR INTERNATIONAL DELI /MTG SUPPLIES -COMM SVCS 1 0015350 1 41200 1 21.601 $21.601 6/29/2006 1 71362 IDRIVER ALLIANT INSURANCE SERVICES ISPL EVENT INS -JULY 4TH 1 0015350 1 41200 1 1,766.681 $1,766.68 6/29/2006 1 71363 JELITE DEVELOPMENT GROUP ICOMP EQ -SOFTWARE 1 0014070 1 46235 1 5,699.981$5,699.98 6/29/2016 1 71364 JENVIRONMENTAL IMPACT SCIENCES PROF.SVCS-FPL 2002-65 001 23010982.22 $5,416.04 6/29/2006 ENVIRONMENTAL IMPACT SCIENCES 1PROF.SVCS-FPL 2005-147-B 001 23010 4,433.82 6/29/2006 1 71365 ESRI INC IGIS SYSTEM SOFTWARE-I.T. 0014070 1 46235 1 10,8,34-391 $10,834.39 6/29/2006 71366 LANDSCAPE LNDSCAPE MAINT-DIST 38 1385538 45500 3,547.59 $4,327.59 6/29/2006 1 JEXCEL EXCEL LANDSCAPE 1ADDL MAINT-V-DITCH 0015240 1 44000 1 780.00 6/29/2006 1 71367 EXTERMINETICS OF SO CAL INC I PEST CONTROL -DBC 1 0015333 1 45300 1 40.00 $40.00 6/29/2006 1 JORGE GARCIA IREIMB-TUITION 0015510 1 42340 81.19 1 6/29/2006 1 71368 IFIRST REGIONAL BANK RETENTION -SEQUEL 1 250 1 20300 1 17,502.07 $17,502.07 6/29/2006 1 71369 IFOUR CORNERS TRANSPORTATION COALITI JANNL MEMBERSHIP -FY 05/06 1 0014090 1 42315 1 10,000.00 $10,000.00 6/29/2006 1 71370 SUSAN FULL REIMB-GFOA CONF 1 0014050 1 42330 1 772.37 $772.37 6/29/2006 1 71371 JORGE GARCIA REIMB-TUITION 0015510 42340 40.50 $121.69 6/29/2006 1 JORGE GARCIA IREIMB-TUITION 0015510 1 42340 81.19 1 6/29/2006 1 71372 GFB FRIEDRICH & ASSOCIATES INC. IST REHAB -WALNUT DRIVE 1 2505510 1 46411 1 67.50 $792.93 Page 13 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/29/2006 71372... GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 38 1385538 44000 241.81 $792.93 ... 6/29/2006 71383 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 39 1395539 44000 241.81 $58.74 6/29/2006 GFB FRIEDRICH & ASSOCIATES INC. LNDSCP ASSESSMNT-DIST 41 1415541 44000 241.81 6/29/2006 1 71373 IMICHAEL GONZALEZ RECREATION REFUND 1 001 1 34760 1 225.001 $225.00 6/29/2006 71374 LLC SOFTWARE -ONLINE TRANSIT 1125553 46235 403.75 $3,586.90 6/29/2006 1 IGOVIS GOVIS LLC SOFTWARE - ONLINE TRANSIT 1125553 1 46235 3,183.15 6/29/2006 1 71375 GOVPARTNER REQUEST PARTNER SVCS -JUN 1 1185098 1 44030 1 850.00$850.00 6/29/2006 1 71376 IGRAND MOBIL IVEH MAINT-ROAD MAINT 0015554 1 42200 1 355.171 $355.17 6/29/2006 71377 HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 6,032.50 $12,195.00 6/29/2006 INLAND VALLEY DAILY BULLETIN HALL & FOREMAN, INC. PROF.SVCS-PLAN CHECK 0015551 45223 1,961.33 6/29/2006 71383 HALL & FOREMAN, INC. PROF,SVCS-PLAN CHECK 0015551 45223 4,201.17 $58.74 6/29/2006 1 71378 IMARGARE7 HELLE RECREATION REFUND 1 001 1 34720 1 50.00 $50.00 6/29/2006 1 71379 EMILIO HERRERA RECREATION REFUND 1 001 1 34720 1 25.001 $25.00 6/29/200fi 1 71380 INLAND ROUNDBALL OFFICIALS OFFICIAL SVCS -JUN 06 1 0015350 1 45300 1 1,854.001 $1,854.00 6/29/2006 71381INLAND VALLEY DAILY BULLETIN AD -LEMON AVE MTG 0014095 42115 253.20 $349.20 6/29/2006 6/29/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -SLURRY SEAL/CHP 2505510 46411 96.00 44000 6/29/2006 1 71382 1INTERNATIONAL PROTECTIVE SVCS INC. ICROSSING GUARD SVCS -MAY 1 0014411 1 45410 1 11,003.52 $11,003.52 6/29/2006 LDM ASSOCIATES INC. CONSULTANT SVCS -MAY 06 1255215 44000 3,475.00 6/29/2006 1 71383 JACK TANAKA REIMB-SUPPLIES 1 0014010 1 41200 1 58.74 $58.74 6/29/2006 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-195 001 23010 150.00 6/29/2006 1 71384 KIMLEY HORN AND ASSOCIATES INC ST REHAB -PROSPECTORS 1 2505510 1 46411 1 5,400.00 $5,400.00 6/29/2006 71385 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-209 001 23010 75.00 $7,281.07 6/29/2006 LDM ASSOCIATES INC. CONSULTANT SVCS -MAY 06 1255215 44000 3,475.00 6/29/2006 LDM ASSOCIATES INC. CONSULTANT SVCS-PLNG 0015210 44250 150.00 6/29/2006 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-195 001 23010 150.00 6/29/2006 LDM ASSOCIATES INC. PROFS.SVCS-FPL 2006-201 001 23010 75.00 Page 14 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct 1t Amount Total Check Amount 6/29/2006 71385... LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-208 001 23010 150.00 $7,281.07 ... 6/29/2006 71387 LDM ASSOCIATES INC. PROF.SVCS-FPL 2005-161 001 23010 1,606.88 $461.73 6/29/2006 LDM ASSOCIATES INC. PROF -SVCS -FPL 2006-186 001 23010 150.00 6/29/2006 71388 LDM ASSOCIATES INC. PROF.SVCS-FPL 2006-194 001 23010 959.17 $50.39 6129/2006 LDM ASSOCIATES INC. PROF.SVCS-FPL 2004-68 001 23010 265.02 6129/2006 71389 LDM ASSOCIATES INC. PROF.SVCS-FPL 2005-152 001 23010 112.50 $136.68 6/29/2006 LDM ASSOCIATES INC. PROF.SVCS-FPL 2005-160 001 23010 1 112.50 6/29/2006 1 71386 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 1 0014010 1 42325 1 30.00 $30.00 6/29/2006 1 IMCE CORPORATION RIGHT-OF-WAY MAINT-MAY 0015554 45522 2,856.25 6/29/2006 1 71387 ILOS ANGELES COUNTY DIST. ATTORNEY ISLRY ATTCHYMT-BY0426064 1 001 21114 461,731 $461.73 612912006 1 71388 LOWE'S BUSINESS ACCOUNT SUPPLIES -PARKS 0015310 1 41200 1 50.39 $50.39 6/29/2006 1 71389 MANAGED HEALTH NETWORK JUL 06 -EAP PREMIUMS 001 1 21115 1 136.68 $136.68 6/29/2006 71390 MCE CORPORATION ROAD MAI NT -MAY 06 0015554 45502 7,832.00 $10,688.25 6/29/2006 1 IMCE CORPORATION RIGHT-OF-WAY MAINT-MAY 0015554 45522 2,856.25 6/29/2006 1 71391 MARY MCKELVEY IRECREATION REFUND 1 001 1 34720 1 50.00 $50.00 6/29/2006 1 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-MAYIJUN 0014440 1 42130 78.75 6/29/2006 1 71392 MEAL ON WHEELS ICOMMUNITY ORG SUPPORT FND 1 0114010 1 42355 1 2,000.00$2,000.00 $4,580.00 6/29/2006 1 71393 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-APR/MAY 0014440 42130 78.75 $157.50 6/29/2006 1 MOBILE RELAY ASSOCIATES INC REPEATER SVCS-MAYIJUN 0014440 1 42130 78.75 6/29/2006 1 71394 IMUNICIPAL ENGINEERING RESOURCES CONSULTING SVCS -MAY 06 0015510 45221 1 6,177.50 $6,177.50 6/29/2006 1 71395 INETWORK AUTOMATION INC COMP EQ -SOFTWARE 0014070 46235 1 4,580.00 $4,580.00 6/29/2006 1 71396 INOBEST INCORPORATED CDBG PROJ-SIDEWALK 2505510 1 46420 1 17,965.95 $17,965.95 6/29/2006 1 71397 INORRIS REPKE INC IDESIGN SVCS -SLURRY SEAL 2505510 1 46411 1 11,170.00 $11,170.00 6/29/2006 1 71398 OFFICE DEPOT SUPPLIES -COMM SVCS 0015350 1 41200 1 28.98$28.98 6/29/2006 1 71399 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 6118 0015310 1 44000 1 417.06 $417.06 Page 15 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 6/29/2006 71401 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 12,033.25 $19,631.00 Check Date Check Number Vendor Name Transaction Description 001 Fund/ Dept Acct # Amount Total Check Amount PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 41,85 $240.00 6/29/2006 71400 ORANGE COAST FENCING 1CONTRACT CLASS -SPRING 0015350 1 45320 1 240.001 6/29/2006 71401 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 12,033.25 $19,631.00 6/2912006 ICONSTRCTN SVCS -GRAND AVE PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 7,555.90 6/29/2006 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 41,85 6/29/2006 1 71402 IPITNEY BOWES INC. IPOSTAGE RENTAL-APR/JUN 1 0014090 1 42130 1 204.59 $204.59 6/29/2006 71403 LARA PROVINES PK REFUND -HERITAGE 001 36620 -5.00 $195.00 6/29/2006 ICONSTRCTN SVCS -GRAND AVE ILARA PROVINES 1PK REFUND -HERITAGE 001 23002 200.00 6/29/2006 71404 R & D BLUEPRINT PRINT SVCS-PlWORKS 0015510 4211D 74,69 $261.42 6/29/2006 ICONSTRCTN SVCS -GRAND AVE 1 R & D BLUEPRINT PRINT SVCS-PIWORKS 0015510 42110 1 186.73 6/29/2006 1 71405 IRALPHS GROCERY/FOOD 4 LESS SUPPLIES -RECREATION 0015350 1 41200 1 63.76 $63.76 6/2912006 1 71406 IREINBERGER PRINTWERKS 1PRINT SVCS -GENERAL 0014090 1 42110 1 116.911 $116.91 6129!2006 71407 SEQUEL CONTRACTORS INC RETENTIONS -SEQUEL 250 20300 -17,502.07 $157,518.58 6/2912006 SEQUEL CONTRACTORS INC ICONSTRCTN SVCS -GRAND AVE 2505510 46411 175,020.65 42126 6/2912006 1 71408 ISMART & FINAL SUPPLIES -TINY TOTS 0015350 1 41200 1 285.631 $285.63 6/29/2006 1 71409 ISOFT TRAIN INCORPORATED TRNG-R AYLWARD/L HIDALGO 0014095 1 42340 1 1,040.001 $1,040.00 6/29/2006 71410 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 121.58 $197.65 6/29/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 39.24 6/29/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 36.83 6/29/2006 71411 STANDARD INSURNCE OF OREGON JUL 06 -LIFE INS PREMS 001 21106725.00 150.00 $1,856.82 6/29/2006 STANDARD INSURNCE OF OREGON JUL 06-SUPP LIFE INS PREM 001 21106 42.00 6/29/2006 STANDARD INSURNCE OF OREGON JUL 06-STD/LTD 001 21112 1,089.82 6/29/2006 71412 SUNGARD PENTAMATION FYR END TRNG-L MAGNUSON 0014050 42330 150.00 $300,00 6/29/2006 SUNGARD PENTAMATION IFYR END TRNG-R TORRES 0014050 1 42330 1 150.00 Page 16 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/29/2006 71413 TELEPACIFIC COMMUNICATIONS T1 INTERNET SVCS -JUN 06 0014070 44030 525.51 $525.51 6/29/2006 1 71414 ITRANE SERVICE GROUP COMP MAINT-DBC 0015333 1 42200 1 504.501 $504.50 6/29/2006 0015340 TRUGREEN LANDCARE LANDSCP MAINT-DIST 39 1395539 45500 11,203.65 1 71426 6/29/2006 1 71415 TRI -CITIES POOL SERVICE & REPAIR MAINT-DBC 1 0015333 1 42210 1 320.00 $320.00 6/29/2006 71416 TRUGREEN LANDCARE LANDSCP MAINT-DIST 38 1385538 45500 5,576.55 $28,311.85 6/29/2006 0015340 TRUGREEN LANDCARE LANDSCP MAINT-DIST 39 1395539 45500 11,203.65 1 71426 6/29/2006 71420 TRUGREEN LANDCARE LANDSCP MAINT-DIST 41 1415541 45500 3,409.35 $4,739.23 6/2912006 TRUGREEN LANDCARE LANDSCP MAINT-PARKS 0015340 45300 8,122.30 1 6/29/21106 I I 1417 IUS HEAL T HWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICALS _1001,4060 I 42345 1 1,126.001 $ I, 126.617 6/29/2006 71418 VALLEY CREST LANDSCAPE MAINT INC LNDSCP MAINT-DBC JUN 06 0015333 1 45300 5,181.00 $15,606.00 6/29/2006 1 VALLEY CREST LANDSCAPE MAINT INC ILNDSCP MAINT-PARKS JUN 0015340 1 45300 10,425.00 6/29/2006 1 71419 IVANGUARD VAULTS LA INC DATA STORAGE SVCS -JUN 1 0014070 1 45000 1 535.00 $535.00 r6'12912006 VISION SERVICE PLAN JUL 06 -COBRA VISION 001 21107 46.77 1 71426 6/29/2006 1 71420 IVANTAGEPOINT TRANSFER AGENTS -457 06130/2006-P/R DEDUCTIONS 1 001 1 21108 1 4,739.23 $4,739.23 6/2 912 0 0 6 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 5,700.94 6/29/2006 1 71421 IVISION INTERNET PROVIDERS INC WEB HOSTING SVCS -JUN 1 0014070 1 44030 1 150.001 $150.00 29/2006 71422 VISION SERVICE PLAN JUL 06 -VISION PREM 001 21107 1,151,93 $1,198.70 r6'12912006 VISION SERVICE PLAN JUL 06 -COBRA VISION 001 21107 46.77 1 71426 6/29/2006 1 71423 W.W. GRAINGER INC. SUPPLIES -PARKS 0015340 42210 32.26 $64.52 6/29/2006 W.W. GRAINGER INC. SUPPLIES -PARKS 0015340 1 42210 32.26 1 71426 6/29/2006 71424 WALNUT VALLEY WATER DISTRICT WATER SVCS -PARKS 0015340 42126 11,241.09 $35,577.32 6/29/2006 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 38 1385538 42126 15,202.14 1 71426 6/29/2006 TREE MAINT-MAY 06 TREE WATERING -MAY 06 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 39 1395539 42126 3,433.15 6/2 912 0 0 6 WALNUT VALLEY WATER DISTRICT WATER SVCS -DIST 41 1415541 42126 5,700.94 6/29/2006 1 71425 WAXIE SANITARY SUPPLY SUPPLIES -HERITAGE PARK 1 0015340 1 42210 1 86.281 $86.2$ 6129/2006 6129/2006 1 71426 WEST COAST ARBORISTS INC WEST COAST ARBORI STS INC TREE MAINT-MAY 06 TREE WATERING -MAY 06 0015558 0015558 1 45509 45510 1 28,831.00 300.00 $29,131.00 Page 17 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/29/2006 71427 WHITE CAP INDUSTRIES, INC. SUPPLIES -ROAD MAINT 0015554 41250 23.09 $623.08 6/29/2006 WHITE CAP INDUSTRIES, INC. SUPPLIES -ROAD MAINT 0015554 41250 14.74 6/29/2006 71429 WHITE CAP INDUSTRIES, INC. SUPPLIES -ROAD MAINT 0015554 41250 585.25 $472.50 6/29/2006 1 71428 WINTERNALS COMP MAINT-SERVERS 0014070 1 46235 1 7,983.761 $7,983.76 7/6/2006 JALBERTSONS ALBERTSONS SUPPLIES -4TH JULY BLAST 0015350 1 41200 1 59.34 6/29/2006 1 71429 IPAUL WRIGHT AN SVCS -JUN 06 0014090 1 44000 1 472,501 $472.50 7/3/2006 1 71430 CHICO ENTERTAINMENT ICONCERT BAND - 07/05/06 0015350 1 45305 1 850.00 $850.04 1 7/3/2006 1 71431 IDOO AAH RIDERS IBA"iDATu nF JL,ILV BILncT I 0Di535D I 45300 I A SDv.DvI cA inn nn W , 0 I - - 7/3/2006 1 71432 IRICKJOSWICK BAND- 4TH OF JULY BLAST 1 0015350 1 45300 1 1,500.001 $1,500.00 7/3/2006 1 71433 ILIVESOUND CONCEPTS ISOUND - 4TH OF JULY BLAST 1 0015350 1 42130 1 1,400.001 $1,400.00 713/2006 1 71434 ILIVESOUND CONCEPTS CONCERT SOUND - 07/05/06 1 0015350 1 45305 1 530.00 $530.00 7/3/2006 1 71435 ILIVESOUND CONCEPTS ICONCERT SOUND - 7/12 0015350 1 45305 1 530.00 $530.00 7/3/2006 1 71436 IMAGIC AND VARIETY ENTERTAINMENT JSVCS - 4TH OF JULY BLAST 0015350 1 45300 1 499.00 $499.00 7/3/2006 1 71437 IROBERT J SCHUSTER ICONCERT BAND - 07/12/06 0015350 1 45305 1 1,000.00 $1,000.00 7/6/2006 1 71438 INOHAABDOU IRECREATION REFUND 001 1 34760 1 105.001 $105.00 7/6/2006 1 71439 JAGI ACADEMY CORP CONTRACT CLASS -SPRING 0015350 1 45320 1 378.00 $378.00 7/6/2006 71440 ILESLIE ALLYN SUPPLIES -DAY CAMP 0015350 41200 28.32 $87.66 7/6/2006 JALBERTSONS ALBERTSONS SUPPLIES -4TH JULY BLAST 0015350 1 41200 1 59.34 7/6/2006 1 71441 ILESLIE ALLYN IRECREATION REFUND 1 001 1 34780 1 65.00 $65.00 7/6/2006 1 71442 IAT & T PH.SVCS-GENERAL 1 0014090 1 42125 1 19.75 $19.75 7/6/2006 1 71443 ISTEPHANIE AUTRY IRECREATION REFUND 1 001 1 34780 1 65.00 $65.00 Page 18 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/6/2006 7/6/2006 71444 PYPER BANOS PYPER BANOS RECREATION REFUND RECREATION REFUND 001 001 34760 34760 115.00 585.00 $700.00 7/6/2006 71445 BRIAN BATISTIC RECREATION REFUND 001 1 34780 1 65.001 $55.00 7/6/2006 0014070 BONTERRA CONSULTING INC. PROF.SVCS-FER 96-1 001 23011 272.50 716/2006 71446 BEAR STATE AIR CONDITIONING SVCS IN MAINT-HERITAGE PK 1 0015340 1 42210 1 520.43 $520.43 716/2006 1 71447 IBEE REMOVERS IBEE REMOVAL -DIST 39 1395539 1,42210 1 145.00 $145.00 716/2006 1 71448 GUY BLACKMAN BAND -CONCERT IN PARK 0015350 1 45305 1 900.00 $900.00 7/6/2006 71449 InrvrrcQDA COiISULTING it llV • nn/1G c / C rl\VI'.J VLJ-PLIYV VV 1524V 44QVQ I,L51.4G $5,730.6Q 7/6/2006 0014070 BONTERRA CONSULTING INC. PROF.SVCS-FER 96-1 001 23011 272.50 7/6/2006 71451 BONTERRA CONSULTING INC. PROF.SVCS-PLNG 0015240 44000 4,214.68 $8,087.00 7/6/2006 71450 CYNTHIA BORDENAVE IRECREATION REFUND 1 001 1 34760 145.00 $145.00 COMP EQ-I.T, 0014070 1 46250 108.25 1 7/6/2006 71451 IBRIAN HUGHES CONSTRUCTION IHIP PROG-1735 AUTUMNGLOW 1255215 1 44000 1 8,087.00 $8,087.00 7/6/2006 71452 ICALIFORNIA CONTRACT CITIES ASSOC. 1ANNUAL DUES -FY 06/07 0014030 1 42315 1 3,220.00 $3,220.00 7/6/2006 1 71453 JCALIFORNIAJPIA LIABILITY TRUST FD -06107 0014411 45401 1 2,475.001 $2,475.00 7/6/2006 1 71454 ICALIFORNIA JPIA IGEN LIABILITY DEP-06107 5104081 1 47200 1 191,462.001 $191,462.00 7/6/2006 1 71455 ICALIFORNIA JPIA WORKERS COMP DEP-06107 0014090 1 40083 1 19,403.00 $19,403.00 7/6/2006 1 71456 ICAPIO IMEMBERSHIP DUES -M ROA 0014095 142315 1 175.00 $175.00 7/6/2006 1 71457 ICAPIO IMEMBERSHIP DUES -T AYLWARD 0014095 1 42315 1 175.00 1$175.00 7/6/2006 71458 ICAPIO MEMBERSHP DUES -D DOYLE 0014030 1 42315 1 175.001 $175.00 7/6/2006 71459 ITERRY CASEY CONCERT iN PARK -7/26 0015350 1 45305 1 2,000.00 $2,000.00 7/6/2006 71460 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 46250 108.25 $2,433.53 7/6/2006 JCDW GOVERNMENT INC. COMP EQ-I.T, 0014070 1 46250 108.25 1 Page 19 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/6/2006 71460... CDW GOVERNMENT INC. COMP EQ-MAINT 0014070 42205 1,623.75 $2,433.53 ... 7/6/2006 71463 CDW GOVERNMENT INC. COMP EQ-I.T. 0014070 41300 252.66 $1,500.00 7/6/2006 CDW GOVERNMENT INC. COMP EQ -DBC 0015333 41300 194.27 7/6/2006 71464 CDW GOVERNMENT INC. COMP EQ -DBC 0015333 41300 38.10 $539.06 7/6/2006 CDW GOVERNMENT INC. COMP EQ-I.T 0014070 46250 108.25 7/6/2006 71461 CHUA RECREATION REFUND 001 34780 105.00 $210.00 7/6/2006 1 JJOSIE JOSIE CHUA IRECREATION REFUND 001 34780 105.00 7/6/2006 1 71462 ICHUCK E. CHEESE EXCURSION -DAY CAMP 1 0015350 1 42410 1 531.701 $531.70 7/6/2006 1 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 1 46.01 1 7/6/2006 71463 (COLD DUCK PRODUCTIONS INC ICONCERT IN PARK -812 I 0015350 I 45305 I 1,500001 $1,500.00 7/612006 1 71464 ICOUNTY OF LOS ANGELES LAFCO ALLOCATION -FY 06/07 0014090 1 44000 539.06 $539.06 716!2006 71465 DAY & NITE COPY CENTER PRINT SVCS -HIR 0014060 42115 350.73 $396.74 7/6/2006 1 DAY & NITE COPY CENTER PRINT SVCS -COMM SVCS 0015350 42110 1 46.01 1 7/6/2006 71466 DELTA DENTAL JUL 06 -DENTAL PREM 001 21104 2,370.21 $2,602.43 716/2006 1 DELTA DENTAL JUL 06 -COBRA PREM 001 21104 232.22 716/2006 1 71467 IDH MAINTENANCE ADDL MAINT-DBC 1 0015333 1 42210 1 3,717.00 $3,717.40 7/6/2006 SHANNON DOLMAN JPK REFUND -DBC 001 36615 900.00 7/6/2006 1 71468 IDIAMOND RANCH HIGH SCHOOL COMMUNITY ORG SUPPORT FND 1 0114010 1 42355 1 1,100.00 $1,104.00 7/6/2006 1 71469 DIANA CHO & ASSOCIATES CONSULTANT SVCS -MAY 06 1255215 44000 1 1,715.00 $1,715.00 7/6/2006 71470 SHANNON DOLMAN PK REFUND -DBC 001 23002 500.00 $1,400.00 7/6/2006 SHANNON DOLMAN JPK REFUND -DBC 001 36615 900.00 7/6/2006 1 71471 IDRIVER ALLIANT INSURANCE SERVICES ISPECIAL EVENT INS -CONCERT 1 0015350 1 45305 1 972.07 $972.07 7/6/2006 1 71472 LALY EBANEZ RECREATION REFUND 001 1 34780 1 65.00 $65.00 7/6/2006 1 71473 JERICA EWING RECREATION REFUND 1 001 1 34780 1 80.00 $80.00 7/6/2006 1 71474 IFEDEX EXPRESS MAIL -GENERAL 0014090 1 42120 1 50.23 $106.24 Page 20 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fundl Dept Acct # Amount Total Check Amount 7/6/2006 71474... FEDEX EXPRESS MAIL -GENERAL 0014090 42120 1 56.01 $106.24 ... 7/6/2006 71475 FOOD FROM THE HEARTH CATERING FOOD -SR LUAU DANCE 0015350 1 45300 1 945.00 $945.00 7/6/2006 1 71476 GIRL SCOUT TROOP 495 REIMS -CONCERT IN PARK 1 0015350 1 45305 1 87.00 $87.00 7!6/2006 1 71477 GRAFFITI CONTROL SYSTEMS GRAFFITI REMOVAL -MAY 06 1 0015230 1 45520 1 4,320.00 $4,320.00 7/6/2006 1 71478 HOME DEPOT CREDIT SERVICES SUPPLIES -COMM SVCS 1 0015350 1 41200 1 51.77 $51.77 7/6/2006 1 71479 KRISTINE HORVATH PK REFUND -DBC 1 001 1 23002 1 100.00 $100.00 7/6/2006 71480 INLAND EMPIRE STAGES TRANSPORTATION -EXCURSION 1125350 45310 767.00 $767.00 7/6/2006 1 71481 INDU KARUNARATNE RECREATION REFUND 1 001 1 34780 1 65.00 $65.00 7/6/2006 1 71482 MICHAEL KIGHT RECREATION REFUND 1 001 1 34780 1 25.00 $25.00 7/612006 1 71483 EUN JUNG KIM RECREATION REFUND 001 1 34780 1 40.00 $46.00 7/6/2006 1 71484 DR BHARATH KUMAR PK REFUND -DBC 1 001 1 36615 1 400.00$400.00 7/6/2006 1 71485 LANTERMAN DEV CENTEWCOMM INDUSTRIE PARKWAY MAINT-JUN 06 1 0015558 1 45503 1 1,829.36 $1,829.36 7/6/2006 1 71486 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG-COUNCIL 1 0014010 1 42330 1 445.00 $445.00 7/6/2006 1 71487 VICKY LEE RECREATION REFUND 1 001 1 34780 1 65.00 $65.00 7/6/2006 1 71488 LIVESOUND CONCEPTS SOUND -CONCERT IN PARK 0015350 1 45305 1 530.00 $530.00 7/6/2006 1 71489 LIVESOUND CONCEPTS SOUND -CONCERT IN PARK 1 0015350 1 45305 1 530.00 $530.00 7/6/2006 1 71490 LIVESOUND CONCEPTS SOUND -CONCERT IN PARK 0015350 1 45305 1 530.00 $530.00 7/6/2006 1 71491 LIVESOUND CONCEPTS SOUND -CONCERT IN PARK 0015350 1 45305 1 530.00 $536.00 7/6/2006 1 71492 IRIS LOCKETT PK REFUND -DBC 1 001 1 23002 1 100.00 $106.00 Page 21 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/6/2006 71493 LOS ANGELES COUNTY FIRE DEPARTMENT FIRE SVCS -FY 06107 0014421 45404 1 7,359.00 $7,359.00 7/6/2006 71494 LOS ANGELES COUNTY PUBLIC WORKS SEWER SVCS-SYC CYN PK 0015340 45300 193.68 $1,848.95 7/6/2006 1 LOS ANGELES COUNTY PUBLIC WORKS INDUSTRIAL WASTE -MAY 06 0015510 45530 753.66 7/6/2006 71496 LOS ANGELES COUNTY PUBLIC WORKS TRAFFIC SIGNAL MAINT-MAY 0015554 45507 901.61 $220.88 7/6/2006 1 71495 JALICE E LYONS BALLOONS -JULY 4TH 1 0015350 1 42130 335.581 $335.58 7/6/2006 1 JHYATT REGENCY SUITES PALM SPRINGS JESRI CONF-I AZIZ 1185098 1 42330 1 1,282.38 716/2006t 71496 IM & N INTERNATIONAL SUPPLIES -COMM SVCS 1 0015350 1 41200 1 220.881 $220.88 7/6/2006 1 71497 JHYATT REGENCY SUITES PALM SPRINGS ESRI CONF-DESFORGES 0014070 1 42330 1 1,282.38 $2,564.76 7/6/2006 1 JHYATT REGENCY SUITES PALM SPRINGS JESRI CONF-I AZIZ 1185098 1 42330 1 1,282.38 7/6/2006 1 71498 JMCCV HOUSING MTG-COUNCIL 10014010 1 42330 348.00 $348.00 7/6/2006 71499 HABIB MOHAMEDY PK REFUND -DBC 001 23002 500.00 $322.00 7/6/2006 HABIB MOHAMEDY PK REFUND -DBC 001 36615 -150.00 7/6/2006 71502 HABIB MOHAMEDY PROPERTY DAMAGE -DBC 001 36810 -28.00 $4,353.03 7/6/2006 71500 MUNICIPAL ENGINEERING RESOURCES CONSULTING SVCS -611-61140015510 1001 45221 4,972.50 $9,902.50 716/2006 MUNICIPAL ENGINEERING RESOURCES CONSULTING SVCS -6115-6/30 0015510 1 45221 41930.00 7/6/2006 1 71501 ISHEELA NAIK JPK REFUND -DBC 1001 1 23002 1 700.00 $700.00 7/6/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 619 0015210 44000 158.88 L. 716/2006 71502 INEW MILLENNIUM CONSTRUCTION INC IHIP PROG-1411 PECAN GROVE 11255215 1 44000 1 4,353.031 $4,353.03 716/2006 71503 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 6125 0015310 44000 635.52 $2,065.44 7/6/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 619 0015210 44000 158.88 7/6/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 6125 0015310 44000 635.52 716/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 5125 0015210 44000 158.88 7/6/2006 OLYMPIC STAFFING SERVICES TEMP SVCS -WK 611 0015210 44000 476.64 7/6/2006 71504 ORIENTAL TRADING COMPANY INC SUPPLIES -COMM SVCS 0015350 1 41200 404.86 $780.90 7/6/2006 ORIENTAL TRADING COMPANY INC SUPPLIES -TINY TOTS 0015350 41200 89.25 7/6/2006 ORIENTAL TRADING COMPANY INC SUPPLIES -COMM SVCS 0015350 1 41200 286.79 7/612006 1 71505 ILIDA PALANCA IRECREATION REFUND 1 001 1 34760 1 475.00 $475.00 Page 22 7/6/2006 71510 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 SUPPLIES -TINY TOTS 0015350 1 41200 1 52.83 $122.92 7/6/2006 0015510 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/6/2006 1 71506 IMINA PATEL RECREATION REFUND 001 34780 205.00 $205.00 SPONSORING -INAUGURAL DNNR 1 0014090 1 42325 1 500.001 $500.00 7/6/2006 1 71507 INAYNA PATEL jPK REFUND -DBC 001 1 36615 1 400.001 $400.00 7/6/2006 1 71513 7/6/2006 1 71508 INICOLE PRADO ICONTRACT CLASS -SPRING 0015350 1 45320 1 90.00 $90.00 $5,000.00 7/6/2006 1 71509 IGILBERT QUINONES RECREATION REFUND 001 1 34760 1 235.001 $235.00 7/6/2006 71510 RALPHS GROCERY/FOOD 4 LESS SUPPLIES -TINY TOTS 0015350 1 41200 1 52.83 $122.92 7/6/2006 0015510 IRALPHS GROCERY/FOOD 4 LESS SUPPLIES -COMM SVCS 0015350 1 41200 1 70.09 7/6/2006 1 71511 IJOYCE RAUCH PK REFUND -DBC 1 001 1 23002 1 500.00 $500.00 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 663.48 7/6/2006 1 71512 IREGIONAL CHAMBER OF COMMERCE SPONSORING -INAUGURAL DNNR 1 0014090 1 42325 1 500.001 $500.00 7/6/2006 1 71513 SAN GABRIEL VALLEY ECONOMIC PARTNER MEMBERSHIP DUES -FY 06107 0015240 1 42315 1 5,000.00 $5,000.00 7/6/2006 1 71514 ISAN GABRIEL VALLEY TRIBUNE AD-P/WORKS 0015510 1 42115 1 132.84 $132.84 7/6/2006 1 71515 ISCAN NATOA MEMBERSHIP DUES-DOYLE 0014030 1 42315 1 75.00 $75.00 7/6/2006 1 71516 ISCAN NATOA MEMBERSHIP DUES-MCLEAN 0014030 1 42315 1 75.001 $75.00 7/6/2006 1 71517 IRUBEN SILVA PK REFUND -DBC 1 001 1 23002 1 1,700.00 $1,700.00 7/6/2006 1 71518 ISMART & FINAL SUPPLIES -DAY CAMP 1 0015350 1 41200 123.03 $123.03 7/6/2006 1 71519 ISOUTHERN CALIFORNIA ASSC OF GOVNMN7 IMEMBERSHIP DUES -FY 06107 1 0014090 1 42315 1 5,093.00 $5,093.00 7/6/200671520 71521 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 132.15 $795.63 7/612006 $14.64 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 663.48 7/6/2006 1 71521 ISPRINT PH.SVCS-I.T. 1 0014070 1 42125 1 14.64 $14.64 7/6/2006 1 71522 ISTUBBIES PROMOTIONS SUPPLIES -JULY 4TH BLAST 1 0014095 1 41400 1 2,242.671 $2,242.67 7/6/2006 1 71523 JANDEE TARAZON REIMB-SUPPLIES 1 0015350 1 41200 1 21.591 $21.59 Page 23 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 7/6/2006 71527 THE COMDYN GROUP INC CONSULTING SVCS -WK 613 0014070 44000 300.00 $675.00 716!2006 THE COMDYN GROUP INC CONSULTING SVCS -WK 619 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/6/2006 1 71524 TELE -WORKS INC ICOMP MAINT-FY 06107 0014070 42205 7,275.00 $7,275.00 42340 2,100.00 7/6/2006 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL PK 7/6/2006 1 71525 ITENNIS ANYONE CONTRACT CLASS -SPRING 0015350 1 45320 1 44.801 $44.80 PH,SVCS-DBC 0015333 42125 90.44 7/6/2006 7/6/2006 1 71526 IKENDRA TERRY IRECREATION REFUND 001 1 34780 1 65.001 $65.00 7/6/2006 71527 THE COMDYN GROUP INC CONSULTING SVCS -WK 613 0014070 44000 300.00 $675.00 716!2006 THE COMDYN GROUP INC CONSULTING SVCS -WK 619 0014070 44000 375.00 1 7/6/2006 1 71528 ITHE PARROT HEAD BAND BAND -CONCERT IN PARK 1 0015350 1 45305 1 2,000.00 $2,000.00 7/6/2006 71529 THE TRAINING CAMP INC CISSP TRNG-DESFORGES 1185098 42340 4,000.00 $9,100.00 7/6/2006 THE TRAINING CAMP INC CCNA/CCDA TRNG-AZIZ 1185098 42340 3,000.00 1 71,933 IYUH HUEY WANG 716/2006 1 001 THE TRAINING CAMP INC MCDST TRNG-ESTEVEZ 0014070 42340 2,100.00 7/6/2006 1 71530 JUS HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICALS 1 0014060 1 42345 1 424,001 $424.00 7/6/2006 71531 VERIZON CALIFORNIA PH.SVCS-HERITAGE PK 0015340 42125 91.70 $612.52 7/6/2006 VERIZON CALIFORNIA PH.SVCS-DATA MODEM 0014090 42125 29.98 1 71,933 IYUH HUEY WANG 7/6/2006 1 001 VERIZON CALIFORNIA PH.SVCS-DBC 0015333 42125 62.32 7/6/2006 VERIZON CALIFORNIA PH.SVCS-MAPLE HILL PK 0015340 42125 90.19 TREE MAINT-JUN O6 WATERING SVCS -JUN 06 7/6/2006 1 45509 45510 VERIZON CALIFORNIA PH,SVCS-DBC 0015333 42125 90.44 7/6/2006 IVERIZON CALIFORNIA PH.SVCS-DBC 0015333 1 42125 247.89 7/6/2006 1 71532 IWALNUT VALLEY WATER DISTRICT IWATER SVCS -DIST 38 1385538 1 42126 1 391,301 $391.30 $373.15 7/6/2006 1 71,933 IYUH HUEY WANG IRECREATION REFUND 1 001 1 34780 1 80.001 $80.00 7/6/2006 716/2006 71534 WEST COAST ARBORISTS INC WEST COAST ARBORISTS INC TREE MAINT-JUN O6 WATERING SVCS -JUN 06 0015558 0015558 1 45509 45510 2,109.00 900.00 $3,009.00 7/6/2006 1 71536 IPHIL WILLIAMS REIMB-SUPPLIES DBC 1 0015333 1 41200 1 115.99 $115.99 Page 24 7/6/2006 716/2006 71535 WHITE CAP INDUSTRIES, INC_ WHITE CAP INDUSTRIES, INC. SUPPLIES -ROAD MAINT SUPPLIES -ROAD MAINT 0015554 1 41250 0015554 41250 1 11.03 362.12 $373.15 7/6/2006 1 71536 IPHIL WILLIAMS REIMB-SUPPLIES DBC 1 0015333 1 41200 1 115.99 $115.99 Page 24 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number 1 Vendor Name Transaction Description Fundl Dept Acct 9 1 Amount Total Check Amount 716/2006 71537 PAUL WRIGHT AIV SVCS-P/C,CCNL MTG 0014090 44000 1 157.50 $157.50 7/6/2006 1 71538 JJULIAYANG IRECREATION REFUND 1 001 34780 1 80.00 $80.00 7/7/2006 1 WELLS FARGO BANK BANK CHARGES 0014090 1 42128 1 50.82 716/2006 1 71539 RESURRECION YOLANDA IRECREATION REFUND 1 001 34780 1 65.00 $65.00 7/7/2006 WELLS FARGO BANK CCCA CONF-COUNCIL 0014010 42330 76.12 7!612006 1 71540 JZOOLOGiCAL SOCIETY OF SAN DIEGO EXCURSION -DAY CAMP I 0015350 1 42410 1 1,348.751 $1,348.75 7!712006 71541 WELLS FARGO BANK CCCA CONF-DOYLE 0014030 42330 423.85 $474.67 7/7/2006 1 WELLS FARGO BANK BANK CHARGES 0014090 1 42128 1 50.82 71112006 71542 WE'L'LS FARGO BANK COCA UUMN UAPT. KVJAN 001409u 42330 4U4.52 $i,243.9v 7/7/2006 WELLS FARGO BANK MTG-COUNCIL 0014010 42325 14.25 7/7/2006 WELLS FARGO BANK SUPPLIES -COUNCIL 0014010 41200 108.12 7/7/2006 WELLS FARGO BANK CCCA CONF-COUNCIL 0014010 42330 76.12 7/7/2006 WELLS FARGO BANK CCCA CONF-COUNCIL 0014010 42330 640.89 1 717/2006 1 71543 IWELLS FARGO BANK JCCCA CONF-COUNCIL 10014010 1 42330 1 413.82 $413.82 717/2006 71544 WELLS FARGO BANK MTG-CMGR 0014030 42325 31.49 $767.41 717/2006 WELLS FARGO BANK CCCA CONF-CMGR 0014030 42330 404.52 7/7/2006 WELLS FARGO BANK MTG-CMGRICHAMBER 0014030 42325 33.02 7/7/2006 WELLS FARGO BANK MMASC CONF-MCLEAN 0014030 42325 260.00 717/2006 WELLS FARGO BANK MTG-CMGRILIU/DOYLE 0014030 42325 38.38 1 7/13/2006 71545 ADELPHIA MODEM SVCS -COUNCIL 0014010 42130 46.95 $93.90 7/13/2006 1ADELPHIA MODEM SVCS -COUNCIL 0014010 42130 46.95 7/13/2006 71546 ADVANTEC CONSULTING ENGINEERS INC PROF_SVCS-SGNL TIMING 0015510 44000 386.40 $19,647.60 7/13/2006 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-SGNL TIMING 0015510 44000 1,738.60 7/13/2006 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-TRFFC SIGNAL 0015510 44000 3,161.60 7/13/2006 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-NTMP 0015510 44000 13,851.00 7/13/2006 ADVANTEC CONSULTING ENGINEERS INC PROF.SVCS-FALLOWFLD 0015510 44000 510.001 1 7/1312006 1 71547 JALLIED STORAGE CONTAINERS SUPPLIES -RECREATION 1 0015350 1 42130 1 53.651 $53.65 Page 25 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/13/2006 71548 AMERICOMP GROUP INC SUPPLIES -TONER 0014070 45000 1 795.64 $795.64 7/13/2006 71549 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS-P/WORKS 0015554 42130 6.50 $53.50 7/13/2006 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -PARKS 0015310 42130 20.25 7/13/2006 71551 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORMS SVCS-P/WORKS 0015554 42130 6.50 $392,25 7/13/2006 ARAMARK WORK APPAREL & UNIFORM SVCS UNIFORM SVCS -PARKS 0015310 42130 20.25 7/13/2006 1 71550 ARCHANGEL PRINTING SUPPLIES -COMM SVCS 1 0015350 1 41200 1 857.05 $857.05 7/1312006 1BASHFORD ENTERPRISES HIP PROG-1409 STONECREST 1255215 44000 1,206.20 7/13/2006 1 71551 ARMOR HOLDINGS FORENSICS INC SUPPLIES -FINGERPRINT 1274411 1 41200 1 392.25 $392,25 711312006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-GENERAL 0014090 42125 95.00 7/13/2006 71552 IAT & T IPH.SVCS-GENERAL 1 0014090 1 42125 1 33.511 _ $33.51 J 7/1312006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-GENERAL 1 0014090 42125 95.00 7/13/2006 71553 MARY LOU BACA RECREATION REFUND 1 001 1 34720 1 170.00 $170.00 7/13/200671554 71557 BASHFORD ENTERPRISES HIP PROG-366 CARPIO 1255215 44000 1,471.80 $2,678.00 7/1312006 1BASHFORD ENTERPRISES HIP PROG-1409 STONECREST 1255215 44000 1,206.20 7/13/2006 1 71555 BENESYST FLEX ADMIN SVCS 1 0014060 1 42346 1 90.70 $90.70 7/13/2006 1 71556 BENESYST 7/14/06-P/R DEDUCTIONS 1 001 1 21105 1 561.20 $561.20 7/113/2006 71557 BONTERRA CONSULTING INC. PROF.SVCS-FER 96-01 001 23011 519.50 $1,447.50 711312006 BONTERRA CONSULTING INC. PROF.SVCS-FPL 2002-09 001 23010 928.00 7/13/2006 1 71558 BOULEVARD BAGELS MTG SUPPLIES-PLNG 0015210 42325 1 83.39 $83.39 7/13/2006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-GENERAL 0014090 42125 95.00 7/13/2006 1 71559 IBRIAN HUGHES CONSTRUCTION HIP PROG-1735 AUTUMNGLOW 1255215 1 44000 1 898.00l $898.00 711312006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-GENERAL 0014090 42125 95.00 7/13/2006 1 71560 BSN SPORTS CORP SUPPLIES -RECREATION 0015350 1 41200 1 32.46 $32.46 7113/2006 71561 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-GENERAL 0014090 42125 95.00 $864.90 7/13/2006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-GENERAL 0014090 42125 95.00 7/1312006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-GENERAL 0014090 42125 95.00 711312006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-GENERAL 0014090 42125 95.00 7/1312006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-GENERAL 0014090 42125 389.90 7/1312006 BUSINESS TELECOMMUNICATION SYS INC. PH.SVCS-GENERAL 1 0014090 42125 95.00 Page 26 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 7/13/2006 71563 CDW GOVERNMENT INC. COMP EQ-I.T. 0014090 46250 776.08 Total Check Amount Check Date Check Number Vendor Name COMP EQ -1,T. Transaction Description 46250 1 Fund/ Dept Acct # Amount 71565 CENTER ICE SKATING ARENA EXCURSION -DAY CAMP 1 0015350 1 42414 1 425.00 $425.00 $89.00 7/13/2006 1 71562 LETICIA CASTANEDA IRECREATION REFUND 001 34780 89.00 7/13/2006 71563 CDW GOVERNMENT INC. COMP EQ-I.T. 0014090 46250 776.08 $941.98 7/13/2006 ICOW GOVERNMENT INC. COMP EQ -1,T. 0014070 46250 1 165.90 7/13/2006 1 71564 CENTENNIAL HERITAGE MUSEUM EXCURSION -DAY CAMP 1 0015350 1 42410 1 300.00 $300.00 7/13/2006 CINGULAR WIRELESS CELL CHARGES -POOL VEH 0014090 42125 12.37 7/13/2006 1 71565 CENTER ICE SKATING ARENA EXCURSION -DAY CAMP 1 0015350 1 42414 1 425.00 $425.00 7/13/2006 CAROL DENNIS PROF.SVCS-CC MTG 0014030 44000 300.00 7/13/2006 1 71566 KRISTINE CHANG RECREATION REFUND 1 001 1 34760 1 150.00 $150.00 7/13/2006 1 71567 ICHARLES GROUP JARCHITECH SVC -GOLF COURSE 1 0015240 1 44000 1 10,000.001 $10,000.00 7/13/2006 71568 CINGULAR WIRELESS CELL CHARGES -POOL VEH 0014090 42125 12.37 $37.11 7/13/2006 CINGULAR WIRELESS CELL CHARGES -POOL VEH 0014090 42125 12.37 7/13/2006 71570 CINGULAR WIRELESS CELL CHARGES -POOL VEH 0014090 42125 12.37 $783.02 7/13/2006 1 71569 JCM SCHOOL SUPPLY SUPPLIES -TINY TOTS 1 0015350 1 41200 1 34.331 $34.33 7/13/2006 DAPEER ROSENBLIT & LiTVAK LLP LEGAL SVCS -APR 06 0015230 45213 1,096.12 7/13/2006 1 71570 ICONTACT OFFICE SOLUTIONS COPIER MAINT-MAY/JUN 1 0014090 1 42100 1 783.02 $783.02 7/13/2006 71571 DAPEER ROSENBLIT & LITVAK LLP LEGAL SVCS -APR 06 0015230 45213 740.13 $5,454.30 7/13/2006 DAPEER ROSENBLIT & LiTVAK LLP LEGAL SVCS -APR 06 0015230 45213 1,096.12 7/13/2006 71573 DAPEER ROSENBLIT & LITVAK LLP LEGAL SVCS -MAY 06 0015230 45213 3,618.05 711312006 1 71572 DAVID J. GRUNDY IP & R COMM -6/22 0015350 1 44100 1 45.00 $45.00 7/13/2006 CAROL DENNIS PROF.SVCS-P & R MTG 0015310 44000 125.00 7/13/2006 1 71573 SHEILA DEJESA IRECREATION REFUND 1 001 1 34780 1 50.00$50.00 7/13/2006 CAROL DENNIS PROF.SVCS-CC MTG 0014030 44000 300.00 7/13/2006 1 71574 1 DELTA CARE PMI JUL 06 -DENTAL PREM 1 001 1 21104 1 326.52 $326.52 7/13/2006 71575 CAROL DENNIS PROF.SVCS-CC MTG 0014030 44000 100.00 $625.00 7/13/2006 CAROL DENNIS PROF.SVCS-P & R MTG 0015310 44000 125.00 7/13/2006 CAROL DENNIS PROF.SVCS-PLNG COMM 0015210 44000 100.00 7/13/2006 CAROL DENNIS PROF.SVCS-CC MTG 0014030 44000 300.00 Page 27 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund l Dept Acct # Amount Total Check Amount 7/13/2006 7/13/2006 71576 DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE FNGRPRNT SVCS -HIR FNGRPRNT SVCS-REC 0014060 0015350 42325 42325 128.00 192.00 $320.00 7113/2006 1 71577 IKEN DESFORGES REIMB-SUPPLIES 1 0014070 1 41200 1 157.90 $157.90 7/13/2006 71578 YOGI DHOLAKIYA PK REFUND -DBC 001 36615 -150.00 $2,696.80 7/13/2006 YOGI DHOLAKIYA PK REFUND -DBC 001 23002 450.00 7/13/2006 71580 YOGI DHOLAKIYA PK REFUND -DBC 001 23004 181.80 $165.00 7/13/2006 YOGI DHOLAKIYA PK REFUND -DBC 001 36615 2,215.00 7/1312006 1 71579 DISNEY'S CALIFORNIA ADVENTURE EXCURSION -DAY CAMP 1 0015350 1 42410 1 3,116.001 $3,116.00 7/13/2006 IGATEWAY INC COMP EQ-I.T. 0014070_1 46230 2,107.42 7/13/2006 1 71580 IEVERGREEN INTERIORS IPLANT SVCS -JUN 06 1 0015333 1 45300 1 165.00 $165.00 7/13/2006 1 71581 1EXPRESS TEL LONG DIST CHARGES 1 0014090 1 42125 1 62.47 $62.47 7/13/2006 1 71582 JAMY FOO IRECREATION REFUND 1001 1 34780 1 50.001 $50.00 7/13/2006 71583 GATEWAY INC COMP EQ-I.T. 0014070 1 46230 3,115.91 $5,223.33 7/13/2006 IGATEWAY INC COMP EQ-I.T. 0014070_1 46230 2,107.42 7/13/2006 1 71584 IGOVIS LLC JANNL MAINT-TRANSIT P/SYS 1 1125553 1 42205 1 5,000.00 $5,000.00 7/13/2006 1 71585 JGOVPARTNER REQUEST HOSTING SVCS-JUL 1 1185098 1 44030 1 850.00 $850.00 7/13/2006 1 71586 IGRAPHICS UNITED IPRINT SVCS -NEWSLETTER JUL 1 0014095 1 44000 1 3,066.08 $3,066.08 7/13/2006 1 71587 GRAYBAR MAINT-PANTERA PK 1 0015340 1 46250 1 1,660.191 $1,660.19 711312006 1 71588 IDEBBIE HAZAMA IRECREATION REFUND 1 001 1 34780 1 85.001 $85.00 7113/2006 71589 LEW HERNDON IP & R COMM -6122 1 0015350 1 44100 1 45.00 $45.00 7/13/2006 71590 ICATHERINE HO RECREATION REFUND 001 1 34780 1 55.001$55.00 7/13/2006 71591 IHOME DEPOT CREDIT SERVICES SUPPLIES -DBC 0015333 1 41200 1 281.731 $281.73 Page 28 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/13/2006 71592 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-210 001 23010 190.80 $2,072.40 7/13/2006 71594 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-209 001 23010 224.40 $80.00 7/13/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-209 001 23010 210.00 7/13/2006 71595 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-195 001 23010 218.40 $55.00 7/13/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-204 001 23010 193.20 7/13/2006 71596 INLAND VALLEY DAILY BULLETIN LEGAL AD -GRAND AVE IMPRVM 2505510 46411 259.20 $135.67 7/13/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-205 001 23010 190.80 7/13/2006 71597 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-198 001 23010 182.40 $445.00 7/13/2006 INLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2006-203 001 23010 178.80 7/13/2006 1 JINLAND VALLEY DAILY BULLETIN LEGAL AD -FPL 2004-65 001 23010 224.40 $109.34 7/13/2006 1 71593 11INTERNATIONAL PROTECTIVE SVCS INC. ICROSSING GUARD SVCS -JUN I 0014411 1 45410 1 6,220,741 $6,220.74 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -MAY 06 0014411 45401 348,497.30 7/13/2006 1 71594 VICTOR JUNG IRECIREATION REFUND 1 001 1 34780 1 80.00 $80.00 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. SPCL EVENT -OTS GRANT 0014411 45402 3,159.02 7/13/2006 1 71595 ICAROLYN KOHLER IRECREATION REFUN❑ 1 001 1 34780 1 55.00 $55.00 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -APR 06 0014411 45401 348,497.30 7/13/2006 1 71596 LANDS' END BUSINESS OUTFITTERS SUPPLIES -DBC 0015333 1 41200 1 135.67 $135.67 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. SPCL EVENT -METRO SALES 1125553 45402 118.93 7/13/2006 1 71597 LEAGUE OF CALIFORNIA CITIES MTG-COUNCIL 0014010 1 42330 1 445.00 $445.00 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. SPCL EVENT -CONCERT PARK 0014411 45402 386.53 7/13/2006 1 71598 LEXISNEXIS MATTHEW BENDER I PUBLICATIONS -HIR 0014060 1 42320 1 109.34 $109.34 7/13/2006 71599 LOS ANGELES COUNTY SHERIFF'S DEPT. SPCL EVENT -TRANSIT SALES 1125553 45402 118.93 $736,491.93 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -MAY 06 0014411 45401 348,497.30 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. SPCL EVENT -OTS GRANT 0014411 45402 9,036.73 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. SPCL EVENT -OTS GRANT 0014411 45402 3,159.02 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS -JUN 06 0014411 45401 8,701.93 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. CONTRACT SVCS -APR 06 0014411 45401 348,497.30 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. SPCL EVENT -CALVARY CHAPEL 0014411 45402 6,862.96 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. SPCL EVENT -METRO SALES 1125553 45402 118.93 7/1312006 LOS ANGELES COUNTY SHERIFF'S DEPT. STAR DEPUTY SVCS -MAY 0014411 45401 8,698.98 7/13/2006 LOS ANGELES COUNTY SHERIFF'S DEPT. SPCL EVENT -CONCERT PARK 0014411 45402 386.53 7/13/2006 ILOS ANGELES COUNTY SHERIFF'S DEPT. jSPCL EVENT-TRFFC SCHL 0014411 45402 2,413.32 7/1312006 1 71600 LOS ANGELES ZOO EXCURSION -DAY CAMP 1 0015350 1 42410 1 370.00 $370.00 Page 29 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date ICheckNumberl Vendor Name I Transaction Description I Fund/ Dept I Acct # Amount I Total Check Amount 7113/2006 1 71601 ISYLVIA MA RECREATION REFUND 1 001 1 34780 1 60.001 $60.00 711312006 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 7,708.96 7/13/2006 1 71602 IROLAND MAH IRECREATION REFUND 1 001 34780 85.001 $85.00 7/13/2006 1 71603 IJANICE MARK IRECREATION REFUND 1 001 34780 85.00 $85.00 7113/2006 71604 1 LAUREL MEYER REIMB-SUPPLIES 0015350 1 41200 62.15 $62.15 7113/2006 71605 IMONTEREY MARRIOTT WORKSHOP -COUNCIL 0014010 1 42330 1 854.97 $854.97 711 Z1JnnC,1 71 RnR IRAI iNlriPai rnnr- rnRPOPATION Iql IPPI !ES -CITY CLERK 0014030 1 44000 1 909.021 $909.02 7/1312006 1 71607 JHALA NAJI IRECREATION REFUND 001 34740 1 64.00 $64.00 7/13/2006 1 71608 JOLYMPIC STAFFING SERVICES ITEMP SVCS -WK 6130 0015310 44000 794.40 $794.40 7/13/2006 1 71609 ITED OWENS I P & R COMM -6122 0015350 44100 45.00 $45.00 7/13/2006 1 71610 IP F PETTIBONE & CO SUPPLIES -GENERAL 0014090 41200 499.78 $499.78 7/1312006 1 71611 JPAETEC COMMUNICATIONS INC. LONG DIST SVCS-JUN/JUL 10014090 42125 901.94 $901.94 7/13/2006 71612 IYOUNGHEE PARK TRECREATION REFUND 1 001 34780 85.001 $85.00 7/13/2006 71613 IPASTOR GIL RECREATION RFUND 1 001 1 34730 1 76.001 $76.00 7/13/2006 71614 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 12,170.22 $19,921.96 711312006 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 7,708.96 7/13/2006 71616 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 42.78 $9,323.44 7/13/2006 1 71615 IR& D BLUEPRINT IPRINT SVCS-PIWORKS 2505510 1 46411 1 1,683.291 $1,683.29 1. 7/13/2006 71616 IR F DICKSON COMPANY STREET SWEEPING SVCS -JUN 0015554 1 45501 1 9,323,441 $9,323.44 7/13/2006 71617 1 RUTH M. LOW P & R COMM -6122 0015350 1 44100 1 45,00 $45.00 7/13/2006 1 71618 IPANEE RUTTANASEE RECREATION REFUND 001 34720 170.001 $170.00 Page 30 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date ICheckNumberl Vendor Name Transaction Description Fund/ Dept I Acct # Amount I Total Check Amount 7/13/2006 1 71619 ISAN GABRIEL VALLEY COUNCIL OF GOVMT TRNG-PLNG 1 0015210 1 44210 1 500.00 $500.00 7/13/2006 71620 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -SLURRY SEAL 2505510 46411 104.64 $1,620.14 7/13/2006 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -PUBLIC HEARING 0014030 42115 117.80 7/13/2006 71624 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -FPL 2006-204 001 23010 224.96 $18.61 7/13/2006 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -FPL 2006-203 001 23010 196.76 7/13/2006 71625 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -FPL 2004-65 001 23010 257.86 $25.00 7/1312006 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -FPL 2006-195 001 23010 247.52 7/1312006 71626 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -FPL 2006-209 001 23010 245.64 $533.39 7/13/2006 SAN GABRIEL VALLEY TRIBUNE LEGAL AD -FPL 2006-205 001 23010 224.96 7/13/2006 1 71621 SHRED IT LOS ANGELES DISPOSAL SVCS -CITY CLERK 1 0014030 1 44000 1 162.001 $162.00 7/13/2006 71622 SIRRIS ABATEMENT CORP HIP PROG-2702 SUNBRIGHT 1255215 44000 855.00 $950.00 7/13/2006 ISIRRIS ABATEMENT CORP HIP PROG-2702 SUNBRIGHT 1255215 1 44000 1 95.00 7/13/2006 1 71623 ISKATE EXPRESS EXCURSION -DAY CAMP 10015350 1 42414 1 379.501 $379.50 7/13/2006 TRUGREEN LANDCARE ADDL MAINT-DIST 39 1415541 42210 627.85 7/13/2006 1 71624 IS6UTHERN CALIFORNIA EDISON IELECT SVCS -TRAFFIC CONTRL 10015510 1 42126 1 18.611 $18.61 7113/2006 TRUGREEN LANDCARE ADDL MAINT-DIST 38 1385538 42210 150.57 7/13/2006 71625 ISTATE BOARD OF EQUALIZATION ISALES & USE TAX -APR -JUN 1 001 1 36650 1 25.001 $25.00 7/13/2006 1 71626 ITELEPACIFIC COMMUNICATIONS IT1 INTERNET SVCS-JUL 0014070 1 44030 1 533.391 $533.39 7/13/2006 1 71627 ITHE KOSMONT COMPANIES PROF.SVCS-K-MART STUDY 0015240 1 44000 1 125.001 $125.00 7/13/2006 1 71628 ITHOMSON WEST PUBLICATIONS-CICLERK 1 0014030 1 42320 1 129.921 $129.92 7/13/2006 1 71629 ITHOMSON WEST PUBLICATIONS-CICLERK 0014030 1 42320 1 259.841 $259.84 7/13/2006 71630 THREE VALLEYS MUNICIPAL WATER DIST MTG-COUNCIL I0014010 42325 15,001 $15.00 7/13/2006 71631 TRUGREEN LANDCARE ADDL MAINT-DIST 41 1415541 42210 486.20 $31,724.43 7/13/2006 TRUGREEN LANDCARE ADDL MAINT-DIST 39 1415541 42210 627.85 7/13/2006 TRUGREEN LANDCARE ADDL MA1NT-PARKS 0015340 42210 940.98 7113/2006 TRUGREEN LANDCARE ADDL MAINT-DIST 38 1385538 42210 150.57 Page 31 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 w Check Date Check Number Vendor Name Transaction Description Fund/ 7113!200671631... TRUGREEN LANDCARE MONTHLY MAINT-DIST 39 1395 711312006 TRUGREEN LANDCARE MONTHLY MAINT-DIST 41 1415 7/13/2006 TRUGREEN LANDCARE ADDL MAINT-DIST 38 1385 7/13/2006 TRUGREEN LANDCARE MONTHLY MAINT-PARKS JUN 0015 7!13!200$ TRUGREEN LANDCARE MONTHLY MAINT-DIST 38 1385 Dept Acct # Amount Total Check Amount 539 45500 11,131.38 $31,724.43... 541 45500 3,725.71 PRE-EMPLOYMENT PHYSICALS 538 42210 1,206.98 $26.00 340 45300 7,360.82 DATA STORAGE SVCS-JUL 538 1 45500 1 6,093.94 $535.00 7/13/2006 71632 WINNIE TSAO IRECREATION REFUND 001 34780 55.00 $55.00 7/13/2006 71633 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICALS 0014060 42345 26.00 $26.00 7/13/2006 71634 VANGUARD VAULTS LA INC DATA STORAGE SVCS-JUL 0014070 45000 535.00 $535.00 7/13/2006 71635 IVANTAGEPOINT TRANSFER AGENTS -457 7/14106-P/R DEDUCTIONS 001 21108 26,048.781 $26,048,78 7/13/2006 7/13/2006 7/13/2006 7113/2006 7/13/2006 71636 VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON CALIFORNIA VERIZON CALIFORNIA PH.SVCS-PETERSON PK PH.SVCS-GENERAL PH.SVCS-GENERAL PH.SVCS-HERITAGE PK PH -SVCS -HERITAGE PK 0015340 0014090 0014090 0015340 0015340 42125 42125 42125 42125 42125 181.70 30.32 529.41 24.34 43.06 $808.83 7/13/2006 7/1312006 711312006 7/13/2006 7/13/2006 7/13/2006 7/13!2006 71637 VERIZON WIRELESS -LA VERIZON WIRELESS -LA VERIZON WIRELESS -LA VERIZON WIRELESS -LA VERIZON WIRELESS -LA VERiZON WIRELESS -LA VERIZON WIRELESS -LA MEMO CREDIT CELL CHRGS-GENERAL CELL CHRGS-DESFORGES CELL CHRGS-AZIZ CELL CHRGS-C/M CELL CHRGS-EOC CELL CHRGS-GENERAL 0014090 0014090 0014070 0014070 0014030 0014440 0014090 42125 42125 42125 42125 42125 42125 42125 -49.90 0.05 60.43 60.43 35.45 89.92 0.05 $196.43 7/13/2006 7!1312006 71638 ISAVITA VERMA SAVITA VERMA RECREATION REFUND RECREATION REFUND 001 001 34780 34780 60.00 55.00 $115.00 7/13/2006 71639 IVERMONT SYSTEMS INC ANNL MAINT-RECTRAC 1 0014070 42205 4,428.001 $4,428.00 7/13/2006 71640 YUH HUEY WANG RECREATION REFUND 001 34760 150.00 $150.00 7/13/2006 71641 WELLS FARGO BANK SUPPLIES-NGHBRHD IMP 1 0015230 -F- 41200 928.89 $2,644.83 Page 32 City of Diamond Bar - Check Register 06/16/06 - 07/13/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 7/13/2006 71641... WELLS FARGO BANK COMP SOFTWARE-I.T. 0014070 46250 32.46 $2,644.83 ... 7/13/2006 71643 WELLS FARGO BANK SUPPLIES -GENERAL 0014090 42325 108.07 $85.00 7/13/2006 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 118.84 7/13/2006 71644 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 51.72 $500.00 7/13/2006 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 272.47 7/13/2006 WELLS FARGO BANK ANNUAL DUES -1,7. 0014070 42315 106.00 7/13/2006 WELLS FARGO BANK SUPPLIES -DBC 0015333 41200 42.00 7/13/2006 WELLS FARGO BANK SUPPLIES -COMM SVCS 0015350 41200 58.44 7/1312006 WELLS FARGO BANK COMP SOFTWARE-I.T. 0014070 42340 679.55 7/13/2006 WELLS FARGO BANK ANNUAL DUES-I.T. 0014070 42315 99.00 7/13/2006 IWELLS FARGO BANK SUPPLIES -SR LUAU DANCE 0015350 41200 147.39 7/13/2006 1 71642 1WEST COAST MEDIA AD -4TH JULY BLAST 1 0014095 1 42115 1 475.00 $475.00 7/13/2006 1 71643 INANCYWHITEHEAD RECREATION REFUND 1 001 1 34720 85.00 $85.00 7/13/2006 1 71644 WILDLIFE CORRIDOR CONSERVATION AUTH MEMBERSHIP DUES -06107 1 0014090 1 42315 500.001 $500.00 $2,241,711.11 Page 33 CITY COUNCIL TO: Honorable Mayor and Members of e City Council VIA: Linda C. Lowry, City Manager TITLE: Treasurer's Statement — May 2006 RECOMMENDATION: Approve the May 2006, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6-5 Meeting Date: Jul. 20, 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, REVIEW BY: Linda G. Magnuson, Finance Director DepartrrferU Head Attachments: Treasurer's Statement, Investment Portfolio Report Deputy City Manager P 0 CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT May 31, 2006 All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expendit es. Linda C. Lowry, Treasurer BEGINNING BALANCE RECEIPTS DISBURSEMENTS TRANSFERS ENDING IN OUT BALANCE GENERAL FUND LIBRARY SERVICES FUND $27,666,786.94 $3,312,541.09 $1,313,956.14 $29,665,371.89 COMMUNITY ORG SUPPORT FD(8,714.68) 0.00 2,200.00 0.00 GAS TAX FUND 47e':,442.08 86,452,57 (10,914.68 )558,894.65 TRANSIT TX (PROP A) FD 869,833.32 143,416.24 38,999.35 TRANSIT TX (PROP C) FD 1,407,758.86 73,736.51 974,250.21 ISTEA Fund 283 112.67 1,481,495.37 INTEGRATED WASTE MGT FD 484,030.25 5,731.50 11,734.61 283,112.67 AB2928-TR CONGESTION RELIEF FD 193,851.12 478,027.14 AIR QUALITY 1MPRVMNT FD 90,591.30 18,394.72 8,276.76 193,851.12 PROP A - SAFE PARKS ACT FUND (2,016.41) 100,709.2fi PARK & FACILITIES REVEL. FD 1,949,022 22 (2,016.41) COM DEV BLOCK GRANT FD (112,707.88) 8,324.86 1,949,022.22 CITIZENS OPT -PUBLIC SAFETY FD 219,644.31 f 121,032.74) NARCOTICS ASSET SEIZURE FD 328,045.89 14.45 219,629.86 CA LAW ENFORCEMENT EQUIP PRG 74,243.51 328,045.89 LANDSCAPE DIST #38 FD LANDSCAPE DIST #39 FD (29.016.11) 26,329.97 30,164.67 74,243.51 (32,850.50 LANDSCAPE DIST #41 FD 181,223.88 17,988.91 230,945.09 13,555,01 31,997.29 GRAND AV CONST FUND 0.00 13,610.45 230,889,65 230,889,65 CAP IMPROVEMENT PRJ FD (2,536,667.83) 279 984 25 0.00 SELF INSURANCE FUND 1,376,135.88 12,810,652.08) EQUIPMENT REPLACEMENT FUND 142,775.11 1,376,135.88 COMPUTER REPLACEMENT FUND 32,244.51 142,775.11 PUBLIC FdNANCING AUTHORITY FUN 206,161.36 59,345.27 39.45 32,244.51 TOTALS $33,519,725.39 $3,757,491.79 1,733,302.28 265,467.18 $0.00 $J5,543,914.90 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($157,596.30) PAYROLL ACCOUNT 10,749.44 CHANGE FUND 250.00 PETTY CASH ACCOUNT 1,000.0a TOTAL DEMAND DEPOSITS ($145,596.86) INVESTMENTS: US TREASURY Money Market Acct. $1,225,901.46 LOCAL AGENCY INVESTMENT FD 29,198,143.12 FED HOME LOAN BANK NOTE - 1.0 yr 11000,000.00 FED HOME LOAN BANK NOTE - 1.5 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 2.0 yr 11000,000.00 FED FARM CREDIT NOTE - 2.5 yr 1,000,000.00 FED HOME LOAN BANK NOTE - 1.5 yr 1,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 265,467.18 LOCAL AGENCY INVESTMENT FD 0.00 (Bond Proceeds Account) TOTAL INVESTMENTS 35,689,511.76 TOTAL CASH $35,543,914.90 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment accounts set up. The regular account's funds are available for Fund. There are two LAIF account's withdrawals require 30 days withdrawal notice. In within 24 hours. The LAIF Bond Proceeds addition, the City has These investments are detailed on the started investing in longer term investments. attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expendit es. Linda C. Lowry, Treasurer CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of May 2006 Institution Investment Type Rating Purchase Maturity Amount Fair Market Monthly Interest Interest Received Date Date Term At Cost Value Accrued in May'06 Rate Yield State of California Local Agency Inv Fund Wells Fargo Bank US Treasury Money Market AAA AAA 29,198,143.12 29,127,847.42 104,748.34 4.305% 4.305% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 1,225,901.46 1,225,901.46 - 5,104.50 4.079% 4.079% Union Bank -(Fiscal Agent) Local Agency Inv Fund AAA 265,467.18 265,467.18 718.61 ° ° 4.580% 4.580 /° " - - 4.580% 4.580% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/29105 09/29/06 1,0 Yr 1,000,000.00 996,100.00 3,375.00 Wells Fargo Inst Securities federal Home Loan Note AAA 10/20/05 04/20/07 1.5 Yr 1,000,000.00 4.050% 4.050% (1) Wells Fargo Inst Securities Federal Home Loan Note AAA 11/09/05 05/09/07 1.5 Yrs 990,400.00 3,541.67 Wells Fargo Inst Securities Federal Home Loan Note AAA 09/28/05 09128/07 2.0 Yrs 1,000,000.00 992,700.00 3,833.33 23,000.00 4.600% 4.600%° (5) Wells Fargo Inst Securities Federal Farm Credit Note AAA 09/27/05 03/27/08 2.5 Yrs 1,000,000.00 987,100.00 3,625.00 4.350% 4.350% (3) 1,000,000.00 985,700.00 3,783.33 - 4.540% 4.540% (4) Totals for month $ 35,689,511.76 $ 35,571,216.06 $ 122,906.67 3 28,823.11 Less Investments matured during the month 0.00 0.00 Total Investments at 05/30/06 $ 35,689,511.76 $ 35,571,216.06 2004-05 Actual Interest Income $687,186.07 2005-06 Budgeted Interest Income $717,500.00 Actual Year -To -Date Interest Income $ 932,112.66 Percent of Interest Received to Budget 129.911% (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 Agenda # 6.6.1 Meeting Date: July 18, 2006 CITY COUNCIL AGENDA REPORT 1'1'(:bR PIIR.CtFh 195 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of Claim — Filed by Barbara Zelmanski-Ramlo— June 7, 2006. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Barbara Zelmanski-Ramlo. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for the sum of approximately $2,000,000. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On June 7, 2006, Barbara Zelmanski-Ramlo filed a Claim for Damages with the City alleging that due to the lack of law enforcement being present on December 10, 2005, her Brother was brutally attacked and killed while being present at a D.B. establishment. It is recommended that the City deny the claim. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, Cite Clerk REVIEWED BY: Asst.aMager Agenda # 6. 6. 2 Meeting Date: July 18, 2006 CITY COUNCIL AGENDA REPORT \rte% TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager on TITLE: Rejection of Claim — Filed by Mary Lou Zelmanski— June 7, 2006. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Mary Lou Zelmanski. FINANCIAL IMPACT. There is no financial implication associated with rejecting this claim. The claim for damage is for the sum of approximately $1,000,000. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On June 7, 2006, Mary Lou Zelmanski filed a Claim for Damages with the City alleging that due to the lack of law enforcement being present on December 10, 2005, her son was brutally attacked and killed while being present at a D.B. establishment. It is recommended that the City deny the claim. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, City Clerk REVIEWED BY: Asst. City Manager Agenda # 6. 6 . 3 Meeting Date: July 18, 2006 Y CITY COUNCIL AGENDA REPORT � � _ fN�,hhPPA,*'�� TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage TITLE: Rejection of Claim — Filed by Bernard Zelmanski— June 7, 2006. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Bernard Zelmanski. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for the sum of approximately $1,000,000. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On June 7, 2006, Bernard Zelmanski filed a Claim for Damages with the City alleging that due to the lack of law enforcement being present on December 10, 2005, his son was brutally attacked and killed while being present at a D.B. establishment. It is recommended that the City deny the claim. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, City Clerk REVIEWED BY: Asst. City Manag Agenda # 6. 6. 4 Meeting Date: July 18, 2006 CITY COUNCIL AGENDA REPORT j99Q � TO: Honorable Mayor and Membersof he City Council VIA: Linda C. Lowry, City Manage TITLE: Rejection of Claim — Filed by Stephanie Orbegoso— June 8, 2006. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Stephanie Orbegoso. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for the sum of approximately $1,000,000. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On June 8, 2006, Stephanie Orbegoso filed a Claim for Damages with the City alleging that due to the lack of proper safety equipment be used her vehicle hydroplaned causing her to hit Mr. Rodriguez an employee of C.C. Myers, Inc. causing severe and irreparable damage. It is recommended that the City deny the claim. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, City Clerk REVIEWED BY: Agenda # 6.6.5 Meeting Date: July 18, 2006 CITY COUNCILAGENDA REPORT ��CUfdPOR��� TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of Claim — Filed by Carmen Mexia— June 22, 2006. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Carmen Mexia. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for the sum of approximately $145.27. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On June 22, 2006, Carmen Mexia filed a Claim for Damages with the City alleging that due to construction on Grand Ave. his vehicle picked up a rock causing damage to his tire. It is recommended that the City deny the claim and forward said claim to the contractor for further disposition. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, City Clerk REVIEWED BY: Agenda # 6.6.6 Meeting Date: July 18, 2006 CITY COUNCIL AGENDA REPORT 9 �v TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of Claim — Filed by Thomas Saglime— June 19, 2006. RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed by Thomas Saglime. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for the sum of approximately $2,000,000. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On June 19, 2006, Thomas Saglime filed a Claim for Damages with the City alleging that since he entered into an Agreement with the City during the 1999 Slope Stabilization Project on Minnequa Dr., he is not responsible for the movement of earth on this property. It is recommended that the City deny the claim. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, City Clerk REVIEWED BY: Asst. City Manager Agenda # 6.6.7 Meeting Date: July 18, 2006 CITY COUNCILAGENDA REPORT . 1988 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage TITLE: Rejection of Claim — Filed by Bryan E. Wong June 23, 2006. RECOMMENDATION: Carl Warren &. Co., the City's claims administrator, recommends the City Council reject the claim filed by Bryan E. Wong. FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The claim for damage is for the sum of approximately $392. Should the claim be successful, it will be paid by the JPIA. BACKGROUND: On June 23, 2006, Bryan E. Wong filed a Claim for Damages with the City alleging that due to construction on Grand Ave. his vehicle hit a sewer cap sticking up from the road causing damage to his front bumper. It is recommended that the City deny the claim and forward said claim to the contractor for further disposition. Upon action by the City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co. PREPARED BY: Tommye Cribbins, City Clerk REVIEWED BY: Asst. City Ma Agenda # 6.7 Meeting Date: 7118106 CITY COUNCIL` AGENDA REPORT TO: Honorable Mayor and Members oft e City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVAL OF AMENDMENT #6 TO EXTEND LICENSE AGREEMENT WITH COCA- COLA FOR THE PLACEMENT OF BEVERAGE -SERVING MACHINES IN CITY PARKS FOR THE PERIOD OF AUGUST 1, 2006 THROUGH JULY 31, 2007. RECOMMENDATION: Approve. FINANCIAL IMPACT: City's share of annual revenue has averaged about $9,020 for the past three years. Estimated revenue for 2006107 FY is $9,000. Estimated electrical cost for 2006107 FY is $2,010. BACKGROUND I DISCUSSION: Coca-Cola has provided beverage -serving machines in the City's parks for the past six years. The City Council first approved a one-year license agreement beginning August 1, 1999. The City Council approved one-year extensions of the agreement in 2000, 2001 and 2002 and a two-year extension in 2003. The current one-year agreement is scheduled to expire on July 31, 2006. Coca-Cola is seeking a one-year extension of the agreement for the period of August 1, 2006 through July 31, 2007. Section two of the agreement authorizes the City Council to extend the term. The average annual gross revenue provided to the City has been $9,020 for the past three years. There are 9 beverage -serving machines in six City parks: Parks with Beverage -Serving Machines Peterson Pantera Maple Hill Heritage Ronald Reagan Sycamore Canyon PREPARED AND REVIEWED BY: Community Services Director Attachments: Original License Agreement dated August 1, 1999 Amendment #6 to License Agreement for period of 811106 — 7131107 AMENDMENT #6 TO LICENSE AGREEMENT THIS AMENDMENT #6 TO LICENSE AGREEMENT is made this 18`' day of July, 2006 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and COCA COLA BOTTLING COMPANY OF LOS ANGELES (LICENSEE") Recitals: a. LICENSEE entered into a 12 month AGREEMENT with CITY effective August 1, 1999 ("the AGREEMENT") for the placement of beverage -serving vending machines in City Parks. b. Term of the AGREEMENT was revised per Amendment #1 to extend the AGREEMENT from August 1, 2000 through July 31, 2001. C. Term of the AGREEMENT was revised per Amendment #2 to extend the AGREEMENT from August 1, 2001 through July 31, 2002. d. Term of the AGREEMENT was revised per Amendment #3 to extend the AGREEMENT from August 1, 2002 through July 31, 2003. Term of the AGREEMENT was revised per Amendment #4 to extend the AGREEMENT from August 1, 2003 through July 31, 2005. f. Term of the AGREEMENT was revised per Amendment #5 to extend the AGREEMENT from August 1, 2005 through July 31, 2006. g. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from August 1, 2006 through July 31, 2007. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #6 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR COCA COLA BOTTLING COMPANY A Municipal Corporation OF LOS ANGELES Of the State of California Licensee Signed Signed Carol Herrera Title: Mayor Title APPROVED TO FORM City Attorney City Clerk CITY OF DIAMOND BAR COMMERCIAL OUTDOOR VENDING MACHINE LICENSE AGREEMENT RECITALS A. The Coca Cola Bottling Company of Los Angeles (hereinafter "Licensee") seeks to vend its beverage products from vending machines located in certain parks owned and operated by the City of Diamond Bar (hereinafter "City"). B. City desires to place beverage -serving vending machines at specified locations within certain of its parks as a service to park users. C. This Agreement sets forth the terms and conditions under which Licensee may install its vending machines in City parks. LICENSE I . License. A revocable non-exclusive license (hereinafter the "License" or "Agreement") is hereby granted to Licensee to install the number of beverage -serving vending machines in accordance with the specifications and in the precise locations and configurations all as described in Exhibit A attached hereto and incorporated herein by this reference, and subject to the terms and conditions of this License. 2. Term. This License shall take effect on August 1, 1999 and shall remain in effect for period of twelve (12) months through July 31, 2000, unless earlier revoked by City pursuant to Paragraph 3 herein or voluntarily relinquished or abandoned by the Licensee. The parties may prior to its expiration mutually agree to extend this License for an additional period of time. 3. Termination. This revocable License may be revoked by City at any time, with or without cause, in City's sole discretion, upon giving Licensee thirty (30) days' advance notice of revocation. 4. Fee. Licensee shall pay to City in consideration of the use of its property for the above-described purposes a commission of 35% of the price charged for each unit of beverage sold from the licensed vending machines. The commission shall be paid quarterly, in arrears, in accordance with the following schedule: City of Diamond Bar Page 1 Agreement Commercial Outdoor Vending Machine License PAYMENT DUE FOR July 15 April, May and June October 15 July, August and September January 15 October, November and December April 15 January, February and March 5. Beverage selection and pricing. Licensee shall vend the following products from its vending machines: carbons€ed beverages (20 oz. bottle), PowerAde Beverages (20 oz. bottle), Fruitopia Beverages (20 oz. bottle) and Naya Water (16.9 oz. bottle). Beverage pricing shall not exceed One Dollar ($1.00) per bottle during twelve month term of this License. 6. Installation andmaintenance of vending machines. Licensee shall at its own cost and expense install its vending machines at the approved locations identified in Exhibit A and maintain them in an attractive, clean and operable condition. Licensee shall be responsible for providing its machines with routine maintenance, service, cleaning and collections so as to avoid creation of a nuisance. Licensee shall repair malfunctioning or inoperative machines, remove graffiti, and repair any damage to machines within twenty- four hours of receipt of notice of same from the City; provided, however, that Licensee may respond on Monday to any such notice received after 12:00 Noon on the preceding Friday. 7. Lockdown of machines during events. Licensee agrees to lock down its vending machines so that they are unavailable for use: i) during the school day in Paul C. Grow Park; ii) when concession stands are operating during sporting events in Peterson and Pantera Parks; iii) during the City's annual birthday celebration and concerts -in -the park; and iv) during community events designated by City in writing at least ten (10) days in advance of the event. 8. Ass' nment. This License shall not be assigned or transferred without the written consent of City. Any such purported assignment or transfer shall be void and of no effect. In the event that the Licensee sells, transfers, leases or otherwise conveys a controlling interest in the above-described business as an ongoing concern, the Licensee shall provide any such purchaser, lessee or transferee with a copy of this instrument and with notice that it is not assignable without written consent of City. 9. Indemnification., Licensee shall indemnify and hold harmless City, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from Licensee's activities on City property pursuant to this License, including but not limited to Licensee's negligent or wrongful acts, errors or omissions in the installation, continued maintenance and use of the vending machines in their location. Licensee shall promptly pay the amount of any judgment rendered against City of Diamond Bar Page 2 Agreement - Commercial Outdoor Vending Machine License City, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by City in the defense of such claims. 10. Cite si r` of entry. Licensee acknowledges the City's absolute right to enter upon the area in which the vending machines are located for purposes of inspection, replacement, repair, or maintenance of public facilities above, on or under the area. 11. Damage to vending machines and -Property. Licensee assumes responsibility for all damage to its vending machines caused by third parties and to City's property caused by Licensee's placement and maintenance of the vending machines, and shall reimburse City for correction of any such damage. City shall have no responsibility or liability for damage to Licensee's vending machines caused by third parties. 12• Restoration oi= remises. Within thirty (30) days of expiration of this License, whether upon its expiration or earlier termination, Licensee shall at its expense remove its vending machines and restore the property to its condition prior to placement of the machines. In the event Licensee fails to do so, City shall have the option of removing the machines at Licensee's expense and Licensee waives all claims for damage to the machines resulting from such removal. Any cost incurred by City in so doing shall constitute a debt of the Licensee to the City, and recoverable by City in any manner provided by law. 13. Possesso interest. Licensee acknowledges that this permit may create a taxable possessory interest ;subject to property taxation, and that Licensee shall be solely responsible for satisfaction of any property taxes levied on the property. 14. Com fiance with codes. Licensee shall perform all work in full compliance with all applicable codes, ordinances and laws, and obtain all necessary permits. 15. Promotional su ort. Licensee shall provide to City: i) one PowerAde Parks and Recreation Athletic Kit (with a retail value of $500) for every PowerAde vending machine placed pursuant to this License; and ii) a one-time donation of 25 free cases of 12 oz. Coca Cola products. 16. Records and audit. Licensee shall maintain accounts and records adequate to identify and account for all beverage product sales made pursuant to this License for a period of three (3) years after the expiration of this License. All such records shall be -made available to City for inspection or audit at any time upon reasonable notice and during regular business hours. 17. Res 111111101111111insible arties and notice. Unless otherwise designated in writing, the City's Community Services Director shall serve as City's representative for City of Diamond Bar Page 3 Agreement Commercial Outdoor Vending Machine License administration of this License. All activities performed by Licensee shall be coordinated with him, and all notices shall be delivered or directed to him at: City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91763 ATTN: Community Services Director Unless otherwise designated in writing, Kimberly Curtis shall serve as Licensee's representative on all matters pertaining to this Li directed to: cense, and any/all agreements made by her shall be binding on Licensee. All notices to Licensee shall be delivered or Coca Cola Bottling Company of Los Angeles 13255 E. Amar Road City of Industry, CA 91746 ATTN:. Kimberly Curtis 18. Entire A reemern:• Modification. This License supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties. Each party to this License acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by or relied upon by any party which are not embodied herein. Any modification to this License shall be effective only if in writing and signed by both parties. City of Diamond Bar Page 4 Agreement - Commercial Outdoor Vend,ng Machine License IN WITNESS WHEREOF, the parties have executed this Commercial Outdoor Vending Machine License Agreement on the date first written above. COCA COLA BOTTLING COMPANY OF LOS ANGELES By: 4 Kimberly Curtis, Branch Manager CITY OF DIAMOND BAR By: c Mayor Wen Chang ATTEST: C!T CLtRh a� Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LO NGELESss 1 � nlly ��efore me, the undersigned, a Notary Public in a for said tate, personaappejred and the person _ whose name was/were subscribed to the within insknown amid a to be acknowledged that t ument executed the same. Witness hand an fficial seal. ' _ 1 Sig ture -� City of Diamond Bar / Page 5 Agreement - Commercia! Outdoor Vending Machine License CITY COUNCIL Agenda # 6 . s Meeting Date: 7/18/06 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage /�!13.L( TITLE: AUTHORIZATION TO EXCEED THE �CITY MANAGER'S PURCHASING AUTHORITY OF $25,000 TO EXTEND VENDOR SERVICES FOR SENIOR AND ADULT EXCURSIONS PROVIDED BY INLAND EMPIRE STAGES LIMITED, IN AN AMOUNT NOT -TO -EXCEED $68,000 FOR THE 2006107 FISCAL YEAR. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for these services are included in the General Fund and Proposition A (Transportation) Fund of the 2006107 fiscal year budget. General Fund costs are recovered by the City through fees collected from program participants. BACKGROUND/DISCUSSION: Inland Empire Stages Limited provides excursion services for seniors and adults throughout the year. This includes the coordination of transportation on a luxury bus, entrance tickets and lunch or dinner for participants. Inland Empire Stages Limited is a consistent low bidder and continues to be extremely professional, and is very responsive in fulfilling the needs of the City. Per the City's Purchasing Ordinance, awards for services to a single vendor in a fiscal year shall not exceed the City Manager's purchasing authority of $25,000 without prior approval from the City Council. Staff anticipates expenditures of $55,800 for senior excursions and $12,200.00 for adult excursions for the 2006107 fiscal year, for a total estimated expenditure of $68,000. PREPARED BY: Christy Murphey, Recreation Specialist II Community Services Director Agenda # Meeting Date: Ju118,2006 CITY COUNCIL `71wr�-- — TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: APPROPRIATE $49,770 OF GENERAL FUND BALANCE RESERVE TO 'THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2006/2007 AND APPROVE CONTRACT AMENDMENT NO. 3 WITH DMS CONSULTANTS, INC. (DMS) FOR GRAND AVENUE IMPROVEMENTS PROJECT, PHASE I. RECOMMENDATION: Appropriate funds and amend contract. FINANCIAL IMPACT: A budget of $ 2,290,000 was previously allocated and approved by the City Council for this project. Of this amount, $2,200,000 was authorized for the construction contract and $90,000 for the construction management services. The construction management services included contract administration, inspection, surveying, and other services related to phase one of the Grand Avenue Improvements Project. The additional $49,770 will allow the City 'to retain DMS to continue providing construction management services for the remainder of the construction tasks. The following table details project cost breakdown: Grand Ave. Phase I Total Authorization Amount Final Authorization Amount Construction Cost $2,200,000 $2,200,000 Construction $90,000 or 4.1% of $139,770 or 6.35 -6/ -,of Management Cost construction cost construction cost BACKGROUND/DISCUSSION: DMS has been providing construction management services for Phase I of the Grand Avenue Project since April 2005. The construction of this project has taken longer than expected due to various issues related to utility companies as well as the development of Target and Brookfield Homes.. The project is now substantially complete with the exception of minor items such as loop detectors, landscaping, and activation of traffic signals on Golden Springs Drive at Lavender Drive, with an anticipated completion by the end of July. PREPARED BY: Fred Alamolhoda, Senior Project Manager Date prepared: July 10, 2006 REVIEWED David G. Liu, Director of Public Works Attachment: Amendment No. 3 to the Consulting Services Agreement 2 F'ROM,:DLA*DMS FAX NO. :714-740-8842 Jul. 13 2006 01:36PM P2 AMENDMENT NO.3 TO THl~ CONSULTING SERVICES AGREEMENT This Amendment No, 3 to the Agreement is made and entered into this 18th day of July, 2006, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and DMS CONSULTANTS, INC, formerly known as Dewan-Lundin and Associates (hereinafter referred to as "CONSULTANT"). A. F�EC� I_ TALS: he CITY heretofore entered into an provide Professional Engineering ng neeriing Services, which the Agreegmen was dated October reement, with to 200,2. r t 5, (H) The CONISULTANT submitted a proposal, including the scope of the specific services to be performed by consultant as described in Exhibits "8, C and D", NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1 _ Section 1,A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The scope of additional services to be performed by Consultant are as described in Exhibit "E", dated July 10, 2006, for the Grand Avenue improvements (Beautification/Betterment) Project. Section 2: Section 3 of the Agreement is hereby amended to read as follows_ Compensation_ "City agrees to compensate Consultant for each service which Consultant perforins to the satisfaction of City in compliance with the Exhibit "E" Payment(s) will be made only after submission of proper invoices. Total payment to Consultant for the additional services, pursuant to this Amendment No. 3 shall be forty nine thousand seven hundred seventy dollars ($49,770). Section 3: Each party to this Amendment No. 3 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 3 shall not be valid and binding, Any modification of this Amendment No. 3 shall be effective only if it is in writing signed by the parties. FROM :DLA*DMS FAX NO. :714-740-8842 Jul. 13 2006 01:37PM P3 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 as of the day and year first set forth above. APPROVED AS TO FORM: By:_ City Attorney ATTEST: Tommye Cribbins City Clerk DATE: CONSULTANT: DMS C NSULTANTS, INC. Surender Dewan President CITY OF DIAMOND BAR Linda C. Lowry, City Manager 2 AMENDMENT NO. 3 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 3 to the Agreement is made and entered into this 18th day of July, 2006, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and DMS CONSULTANTS, INC. formerly known as Dewan-Lundin and Associates (hereinafter referred to as "CONSULTANT'). A. RECITALS: he CITY heretofore entered into an provide Professional TEng neerin 1 Services, which the Agreement was dated Ocent, with tober to 2002. ber 15, (ii) The CONSULTANT submitted a proposal, including the scope of the specific services to be performed by consultant as described in Exhibits "B, C and D". NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1.A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The scope of additional services to be performed by Consultant are as described in Exhibit "E", dated July 10, 2006, for the Grand Avenue improvements (Beautification/Betterment) Project. Section 2: Section 2; of the Agreement is hereby amended to read as follows: Compensation. "City agrees to compensate Consultant for each service which Consultant performs, to the satisfaction of City in compliance with the Exhibit "E". Payment(s) will be made only after submission of proper invoices. Total payment to Consultant for the additional services, pursuant to this Amendment No. 3 shall be forty nine thousand seven hundred seventy dollars ($49,770). Section 3: Each party to this Amendment No. 3 acknowledges that nc representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 3 shall not be valid and binding. Any modification of this Amendment No. 3 shall be effective only if it is in writing signed by the parties. IN WITNESS WHE=REOF, the parties hereto have executed this Amendment No. 3 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: Tommye Cribbins, City Clerk DATE: CONSULTANT: DMS CONSULTANTS, INC. Surender Dewan President CITY OF DIAMOND BAR Linda C. Lowry, City Manager 2 FROM :DLA*DMa FAX NO. :714-740-8842 Jul. 10 2006 10:42AM P1 CON I, ANTS,INC, C i v r L E N G! N F i R S Mr. David Liu, P.E. Director of Public Works City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 "EXHIBIT E" June 2, 2006 Revised: July 10, 2006 SUBJECT: Grand Avenue Beautification -Betterment Improvement Project, Phase I: Construction Administration, Inspection, Surveying and Staking Services Additional Services Dear David OMS Consultants, Inc_ is pleased to submit this proposal for additional services for the subject Project- The scope of work consists of construction observation and administration services for the remainder of the project duration, from March 17, 2006 to July 31, 2006. Our lump sum fee for these additional services is $49,770. Given below is a breakdown of this fee. 1 Construction Inspection: . _ 450 hours at $75.00 ............................... $33,750.00 2. Landscape Sub -Consultant. , . . Hirsch & Associates, Inc. $5,000.00 3• Traffic Control Sub -Consultant: . , , , , . Warren C_ Siecke $10,000.00 4• Reid survey and construction staking far closure of most westerly driveway to the Church on Golden Springs Drive - 2 -Man Survey Crewr - 6 hours at $170.00 • • . .... ' . .. $1,020.00 If you have questions or concerns regarding this matter, please contact the undersigned. Sincerely, DMS Consultants, Inc. Surender Dewan, RE, President i77 Lewis Street, Suitc 101 • Gardcr2 Grove: CA 92840 : 714-740-8840 840 • Fax: 7I4-740-8842 ate, 7 '' rJ CITY COUNCIL Agenda # Meeting Date: June 18 2004 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage TITLE: Resolution No. 2006 -XX declaring a vacant lot on Summitridge Drive adjacent to Summitridge Park (APN 8701-013-900) as surplus property and authorizing the disposition of said property at the fair market value. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2006 -XX declaring the property located on Summitridge Drive, adjacent to Summitridge Park, as surplus property and authorize the City Manager to sell the property for the fair market value. FINANCIAL IMPACT: In May 2004 the land was appraised at a value of $980,000 based on three residential lots for single- family, low density housing. In March 2006, the City requested an update on the value of the appraised value of the property, again based on zoning of low density, single-family housing, and the value at that time was $1,165,000. If approved by Council, the City will invite interested parties to purchase the property at a minimum asking price of $1,165,000. Once received, these funds can be appropriated for any purpose by the City unless otherwise restricted by the Council. DISCUSSION. The City has identified the property adjacent to Summitridge Park (APN 8701-013-900) as surplus property with a value of approximately $1,165,000. The State Government Code provides a process by which a government entity may dispose of surplus property. This process includes the following: • Obtain appraisal to ensure property is sold for no less than fair market value • Planning Commission must make a finding that disposition of the property is consistent with the City's General Plan • Property must be offered to local agencies for housing or open space As mentioned above, an independent, state licensed appraiser appraised the property with a fair market value of $1,165,000 in March 2006. The Planning Commission, at its meeting of April 11, 2006, made a finding that the disposition of this surplus property is in conformance with the City's General Plan. On April 28, 2006 the City mailed a notice to local agencies that the property was available for purchase. The local agencies were provided with a July 3, 2006 deadline to contact the City and purchase the property for open space or housing. To date, no local agencies have indicated a desire to purchase the property. The attached resolution confirms the finding that the property is surplus, establishes the fair market value of the property at $1,165,000, and authorizes the City Manager to dispose of the surplus Property. If approved by Council, staff will work with the development community to dispose of this property. PREPARED BY: As t ' Hager Attachments: RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DECLARING THE VACANT PROPERTY LOCATED ON SUMMITRIDGE DRIVE, ADJACENT TO SUMMITRIDGE PARK (APN 8701-013- 900), AS SURPLUS PROPERTY AND AUTHORIZE THE CITY MANAGER TO DISPOSE OF SAID PROPERTY AT THE FAIR MARKET VALUE WHEREAS, the City owns property located on Summitridge Drive; and WHEREAS, this property has been identified as surplus with no present or future value as municipal land with a public purpose; and WHEREAS, Government Code Sections 37420-37430 specifies the process to dispose of surplus property; and WHEREAS, the City has followed these procedures including receiving an appraisal stating the fair market value of the land, having the Planning Commission make a finding that disposition of the land is consistent with the City's General, and notifying local agencies that the property is available for housing or open space; and WHEREAS, no local agencies are interested in acquiring the property for these purposes; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AS FOLLOWS: SECTION 1. The City Council of the City of Diamond Bar declares the City -owned property on Summitridge Drive adjacent to Summitridge Park (APN 8701-013-900) is surplus property. SECTION 2. The City Manager is authorized to dispose of the property for the fair market value of no less than $1,165,000 and to execute any and all documents reasonably necessary to dispose of the property. SECTION 3. The Mayor is hereby authorized to affix his signature to this resolution signifying its adoption by the City Council of the City of Diamond Bar, and the City Clerk, or her duly appointed deputy, is directed to attest hereto. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR THIS 18'x' DAY OF JULY 2006. CAROL HERRERA, MAYOR CITY COUNCIL Agenda # 6.1.1 Meeting Date: July 18, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Amendment No. 3 to a Professional Services Agreement with BonTerra Consulting in an amount not -to -exceed. $356,950 for Implementation of the Mitigation Monitoring and Planning Program for City Council approved Tentative Tract Map No. 53430, Millennium/Stanley Cheung project. RECOMMENDATION: Approve. FISCAL IMPACT: All costs associated with the preparation of the Mitigation Monitoring and Planning Program 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 funds necessary to process and implement the project. BACKGROUND: In March 2002, the City entered into a contract agreement with BonTerra Consulting in the amount of $140,664 to prepare an Environmental Impact Report (EIR) for a 48 lot residential subdivision proposed by Millennium/Stanley Cheung. On June 15, 2004, City Council approved Amendment No. 1 to the agreement in the amount of $77,610 due to several modifications to the project area boundary and tract map design that have occurred since the project inception. On March 7, 2006, City Council approved Amendment No. 2 to the agreement in the amount of $15,470, to update the Spring survey. On February 21, 2006, the Council certified the EIR and approved the map. The EIR certification includes a Mitigation Monitoring Program that lists the environment mitigation (i.e. air quality, aesthetics, biological resources, cultural resources, geology, hazards, hydrology and water quality, noise, public services, traffic, and utilities) of the map. Most of the mitigation measures are dealt with prior to final map or through the City's permitting process. However, mitigation measures related to biological and cultural resources must be implemented by an environmental firm with expertise in this area and the State permitting process. The applicant has requested BonTerra Consulting to implement the mitigation measures for biological and cultural resources. Since Bon Terra prepared the EIR and is familiar with the project, the implementation can be done at a substantial savings to the applicant. As a result, a contract amendment is required. The amendment includes twelve tasks (i.e., preparing implementation matrix, GIS mapping, habitation mitigation plan for oak/walnut woodlands and streambed impacts, off-site habitat mitigation, preconstruction botanical and raptor surveys, reviewing landscape plan, archeological, paleontological and biological monitoring, monitoring mitigation installation and long-term mitigation monitoring), fees and reimbursable expenses. BonTerra has requested a contract amendment in the amount not to exceed $356,712, which includes a contingency of $33,950. The project developer has seen the Scope of Work for this amendment and is in agreement with it. Staff is preparing an Agreement to Pay for the developer to sign prior to the BonTerra commencing work. Prepared by: r nn J. gu Associate Planner Reviewed Nancy Fol© Community Attachments: nt Director 1. Scope of Work dated May 23, 2006 2. Amendment No. 3 �W_' David Doyle Assistant City Manager 2 AMENDMENT NO. 3 TO THE CITY'S CONSULTING SERVICES AGREEMENT WITH BONTERRA CONSULTING This Amendment to the City's Consulting Services Agreement is made and entered into this 20th day of June, 2006, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City'") and BonTerra (hereinafter referred to as "Consultant.") A. Recitals: (i) The City has heretofore entered into an Agreement, dated March 19, 2002, and an Amendment No. 1 to the Agreement, with Consultant to perform an environmental evaluation in connection with the preparation of an Environmental Impact Report for Tentative Tract Map No. 53430 ("TTM 53430") within the City (hereinafter referred to as the "Agreement"). (ii) The City has heretofore entered into Agreement No. 2, dated March 7, 2006 for additional services at a cost not to exceed $15,470.00 to continue processing of the Environmental Impact Report for TTM 53430 , (iii) The Consultant has submitted a scope of work and proposed fees for the implementation of the Mitigation Monitoring and Planning Program for TTM 53430, a full, true and correct copy of which is attached hereto as Exhibits "A" to provide additional services at a cost not to exceed $356,712.00. (iv) It is in the City's best interest to extend the Agreement for the services in order to ensure consistency and continuity of the services already being provided by Consultant. NOW THEREFORE, it is agreed by and between City and Consultant: Section 1: Paragraph No. 3 of the Agreement is hereby amended to read as follows: "3. Compensation and Method of Payment. City agrees to compensate Consultant, and Consultant agrees to accept in full satisfaction for the services provided for hereunder, fees on a time and material basis at the rate set forth in the original Consulting Services Agreement plus the revised Cost Estimate, Exhibit "A" hereto, but in no event to exceed a cumulative total of $356,712.00 which fees include all labor, materials, printing and other costs incurred in connection with the project." Section 2 - Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment shall be valid and binding. Any modification of this Amendment shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3as of the day and year first set forth above: APPROVED AS TO FORM: VIN BonTerra Counsulting: Thomas E. Smith, Jr. AICP 320 N. Halstead St., Ste. 130 Pasadena, CA 91107 City Attorney Thomas E. Smith, Jr. Principal ATTEST: City Clerk CITY OF DIAMOND BAR Carol Herrera, Mayor 2 Agenda # Meeting Date CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members ofVe City Council VIA: Linda C. Lowry, City Manag TITLE: APPROVAL OF COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY OF DIAMOND BAR PROCURING THE TRAFFIC SIGNAL CONTROL SYSTEM FOR THE POMONA VALLEY INTELLIGENT TRANSFORTATION SYSTEM (PVITS) RECOMMENDATION: Approve. FINANCIAL SUMMARY: The County of Los Angeles has secured Metropolitan Transportation Authority (METIRO) transportation grant funds of $516,400 and will provide the necessary County matching fund of $184,200 for implementing the PVITS at Diamond Bar City Hall. Additionally, not included in the cooperative agreement, the County agreed to administer the procurement and construction of six closed circuit television (CCTV) cameras, complete the controller/cabinet work and upgrade field communication lines for an estimated cost of $150,000. For FY 2006-07, $500,000 of Proposition C Funds have been budgeted to complete the City's traffic signal interconnect: system. To implement the PVITS, the City will fund three of the six CCTV cameras ( estimated at $105,000) and design the interconnect system for the missing links on Golden Springs Drive and on Copley Drive (approximately $10,000) Attachment A is the cooperative agreement for funding from the County of Los Angeles in the amount of $700,600. BACKGROUND/DISCUSSION: The County of Los Angeles, in cooperation with the Cities of Claremont, Diamond Bar, Industry, La Verne, Pomona, San Dimas, and Walnut, determined that development and implementation of an Intelligent Transportation System in the Pomona Valley would help to reduce congestion, enhance mobility, provide traveler information during non-recurring and event traffic congestion, and manage traffic. The objectives of the PVITS are to: Improve mobility by optimizing traffic management on arterials and freeways; Enhance State Route 60 capacity by coordinating freeway traffic with parallel arterials; Improve agency efficiency by coordinating management of operations and maintenance efforts among and between agencies; and Increase agency staff productivity by providing low -maintenance, high quality communication tools and control systems to assist in daily traffic management and coordination activities. The ultimate goal of the PVITS is to provide communication between traffic signals located along our major arterials and each jurisdiction's City Hall. The system will provide notification to the City Hall in the event of signal malfunctions which will enable more efficient maintenance. Additionally, signal timing can be adjusted from City Hall which will enable immediate response to incidents and congestion. The uniqueness of this PVITS is that it is intended to operate as a multi jurisdictional system, allowing the exchange of information between jurisdictions. This system can also interface with other systems, such as the Caltrans Freeway Management System and the Alameda Corridor East System. This project will connect all of the City-owned/controlled traffic signals (currently at 62) to a central command center in the City Hall. There are also ten (10) other traffic signals owned and shared by Pomona, County of Los Angeles, and Caltrans within the City. All the cities in the PVITS will ultimately be connected to a master control center located in Alhambra at the Los Angeles County Public Works Department. This will allow for special routing if there is a freeway incident. All signal timing changes will require approval by the City. In Diamond Bar, the most likely use will be to help traffic move around a serious freeway iincident. Already located in the City Hall, the Diamond Bar Traffic Management Center (TMC) will include two workstations and a dedicated video wall for CCTV monitoring (40" - 46" LCD display monitor). The monitor screen will display CCTV images and traffic signal status. The traffic signal control system will provide for continuous monitoring of the traffic conditions and traffic signal operations. It also enables traffic timing to be controlled and coordinated from these two workstations to adjust to actual traffic conditions. All of our traffic signals will be connected by interconnect communication cables by the end of 2007. To meet the increasing traffic demand and improve the traffic management, six (6) CCTV cameras have been proposed at the following intersections of high traffic volumes: • Diamond Bar Blvd. and Grand Avenue • Diamond Bar Blvd. and Golden Springs Drive • Diamond Bar Blvd. and Pathfinder Road • Golden Springs Drive and Brea Canyon Road • Golden Springs Drive and Grand Avenue • Golden Springs Drive and Lemon Avenue These cameras will be used only to visually understand intersection/roadway conditions and assist in re -timing the traffic signals. They are not designed as a traffic enforcement device. The cameras and the interconnect system will make it possible to 2 conduct real time traffic signal timing changes from the City Hall Another role the Diamond Bar Traffic Management Center (TMC) will play is a sub - regional role. As a subregional TMC, our center will also house functions such as the subregional Advanced Traveler Information System (ATIS) and the Information Exchange Network (IEN). The subregional ATIS will collect information from each of the member agencies, process the data, and then disseminate it to various communication media such as the internet, kiosks, dial -in services (511), and local community access televisions. The IEN is a Countywide communication network that will allow the various member agencies within the Pomona Valley to share information and potentially share control of devices within the subregion, as well as share information (monitoring) with agencies and stakeholders in other areas of Los Angeles County. For example, during a major event outside of operating hours for Pomona Traffic Management Center, the sub - regional TMC may have the ability to implement pre -agreed-upon timing plan changes to signals in the subregion that are not necessarily in Diamond Bar's jurisdiction. While this function would not be implemented initially, it may be implemented in the future upon approval by each individual member agency. Staff recommends approval of the cooperative agreement accepting full funding of the PVITS from Los Angeles County, for $700,600 PREPARED BY: David G. Liu, Director of Public Works Attachments: (A) Cooperative Agreement (B) Project Area Map AGREEMENT THIS AGREEMENT, made and entered into by and between the CITY OF DIAMOND BAR, a municipal corporation in the County of Los Angeles, hereinafter referred to as "CITY," and the COUNTY OF LOS ANGELES, a political subdivision of the State of California, hereinafter referred to as "COUNTY": WITNESSETH WHEREAS, CITY desires to procure Traffic Signal Control System Software and Hardware according to the payment schedule as described in Attachment A of this AGREEMENT, which work is hereinafter referred to as "SYSTEM"; and WHEREAS, COUNTY desires to construct and install Closed Circuit Television Cameras, which work is hereinafter referred to as "CAMERAS"; and WHEREAS, CITY desires to construct and install communication lines for SYSTEM, which work is hereinafter referred to as "CONDUIT"; and WHEREAS, SYSTEM, CAMERAS, AND CONDUIT are hereinafter collectively referred to as "PROJECT'; and WHEREAS, the total cost of PROJECT is currently estimated to be Seven Hundred Thousand Six Hundred and 00/100 Dollars ($700,600); and WHEREAS, COUNTY has obtained MTA grant funds of Five Hundred Sixteen Thousand Four Hundred and 001100 Dollars ($516,400) and will provide matching funds of Seventy -Nine Thousand Two Hundred and 001100 Dollars ($79,200) for the cost of SYSTEM, CONDUIT and 50 percent of cost of CAMERAS; and WHEREAS, CITY will fund 50 percent of cost of CAMERAS in the amount of One Hundred Five Thousand and 001100 Dollars ($105,000); and WHEREAS, PROJECT is consistent with the scope of work for traffic improvements within CITY pursuant to Memorandum of Understanding Number 447- 246-2-92-95/P0002315 between COUNTY and the Los Angeles County Metropolitan Transportation Authority (MTA); and WHEREAS, PROJECT is located and will be utilized entirely within the jurisdictional limits of CITY; and WHEREAS, PROJECT is of general interest to CITY and COUNTY; and WHEREAS, CITY will administer the procurement of the SYSTEM and design and construction of CONDUIT; and PAGE 1 OF 9 WHEREAS, COUNTY will administer the design, procurement and construction of CAMERAS and construct the necessary traffic signal controller and cabinet upgrades for SYSTEM; and WHEREAS, the cost of SYSTEM, includes the costs of the procurement administration of the Traffic Signal Control System Software and Hardware, and system installation, integration and acceptance testing, and all other work and materials necessary to complete SYSTEM in accordance with the approved conceptual plan, as more fully set forth herein; and WHEREAS, the cost of CAMERAS includes the unit cost for the Closed Circuit Television Cameras as determined by the County's executed purchase order's unit cost for CAMERAS and the construction bid items to install CAMERAS, as more fully set forth herein; and WHEREAS, cost of CONDUIT, includes the costs of construction bid items upon the award of bid for CONDUIT and communication conductors and appurtenant equipment; and WHEREAS, the location of the CONDUIT to be installed is on Golden Springs Drive from Adel Avenue to Copley Drive and on Copley Drive from Golden Springs Drive to the CITY's Traffic Management Center's communications vault; and WHEREAS, CONDUIT also includes the upgrade of the communication lines on Pathfinder Road from Brea Canyon Road to the State Route 57 Freeway Southbound on/off ramp, Brea Canyon Road from Golden Springs Drive to Washington Street, Diamond Bar Boulevard from Gentle Springs Drive/Palomino Drive to the State Route 60 Eastbound on/off ramp and on Golden Springs Drive from Brea Canyon Road to the State Route 60 Eastbound on/off ramp; and WHEREAS, the term JURISDICTION, as referred to in this AGREEMENT, shall be defined as the area within the jurisdictional boundary of each governmental entity which is a party to this AGREEMENT; and WHEREAS, such a proposal is authorized and provided for by the provisions of Section 6500 et seq. of the Government Code and Section 1680-1684 of the California Streets and Highways Code. NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY and COUNTY and of the promises herein contained, it is hereby agreed as follows: PAGE 2OF9 (1) CITY AGREES: a. To administer the procurement contract for SYSTEM and design and construction contract for CONDUIT. b. To finance 50 percent of the cost of CAMERAS, estimated to be One Hundred Five Thousand and 001100 Dollars ($105,000), as determined by the unit cost for the Closed Circuit Television Cameras indicated by the County's executed purchase order's unit cost for CAMERAS and the construction bid items to install CAMERAS. c. If needed, to advertise SYSTEM and CONDUIT for bids, to inform COUNTY of the content of the bids received, to award the contract after approval by COUNTY, and to administer the procurement contract. d. To administer the procurement and deployment of SYSTEM and CONDUIT in accordance with all regulations and requirements of MTA relating to the expenditure of Proposition C Local Return funds and Proposition C twenty- five percent (25%) Discretionary funds. CITY'S records for SYSTEM and CONDUIT shall be open to inspection and subject to audit and reproduction by the COUNTY and MTA, or any of their duly representatives. CITY financial records shall be retained for a period of not less than five (5) years after final payment to contractor(s) for SYSTEM and CONDUIT. CITY shall maintain all other records pursuant to this agreement permanently. Said records shall include, but not be limited to, engineering plans, as -built drawings, contractor agreements, and insurance records, in accordance with paragraph (1) f. below. e. To furnish COUNTY with information on all contract change orders for SYSTEM and CONDUIT and obtain COUNTY'S prior approval of all such contract change orders, subject to paragraph (2) c., below. f. To ensure that COUNTY and all officers and employees of COUNTY are named as additional insured parties under Contractor's General Liability and automobile insurance policies for any vendor(s) utilized by CITY for procurement of SYSTEM and CONDUIT. g. To furnish COUNTY, within one hundred twenty (120) calendar days after final acceptance of SYSTEM and CONDUIT and not later than sixty (60) calendar days prior to the funding lapsing date of the MTA grant funds, a final accounting of the actual total SYSTEM and CONDUIT costs, including an itemization of actual unit costs and actual contract quantities; and all labor, equipment, material, consultant services, indirect, and miscellaneous costs; and other administrative and overhead costs required for CITY'S performance as specified in paragraph (1) a., above. PAGE 3OF9 h. To submit an invoice to COUNTY in a not -to -exceed amount of Four Hundred Ninety Thousand Six Hundred and 001100 Dollars ($490,600) which includes the cost for SYSTEM and CONDUIT within 30 days of the adoption of this agreement by COUNTY, subject to paragraph (3) I., below. i. To obtain and grant to COUNTY any necessary temporary right of way within CITY for construction of CAMERAS at no cost to COUNTY. j. To issue COUNTY a no -fee permit (s) authorizing COUNTY to construct CAMERAS within CITY highway right of way. k. To cooperate with COUNTY in conducting negotiations with and, where appropriate, issue notices to public utility organizations and owners of substructure and overhead facilities regarding the relocation, removal, operation, and maintenance of all surface and underground utilities and facilities, structures, and transportation services, which interfere with the proposed construction of CAMERAS. CITY will take all necessary steps to grant, transfer, or assign all prior rights over utility companies and owners of substructure and overhead facilities when necessary to construct, complete, and maintain CAMERAS, or appoint COUNTY as its attorney-in-fact to exercise such prior rights. To appoint COUNTY as CITY'S attorney-in-fact for the purpose of representing CITY in all negotiations pertaining to the advertisement of CAMERAS for construction bids, award, and administration of the construction contract and in all things necessary and proper to install CAMERAS. m. Upon completion of PROJECT: 1) to accept full, complete, and sole ownership of, and responsibility for, operations and maintenance of, the PROJECT; and 2) to be solely responsible to maintain in good condition and at CITY expense all improvements constructed as part of PROJECT. n. To prepare the necessary environmental documents and make the required environmental findings for SYSTEM and CONDUIT. o. To review bids, the proposed award amount for CAMERAS, and any change orders for CAMERAS, and provide written approval, or other response, within twenty (20) calendar days of presentation by COUNTY. CITY'S approval may not be withheld unreasonably. If CITY'S response is not received within said twenty (20) calendar days, COUNTY may proceed with CAMERAS or change orders. PAGE 4OF9 (2) COUNTY AGREES: a. To secure and obtain MTA grant funds to be used to finance the cost of SYSTEM, CONDUIT, and 50 percent of CAMERAS. b. To deposit with CITY, following execution of this AGREEMENT and upon submittal of an invoice by CITY pursuant to paragraph (1) h. above, sufficient COUNTY funds to finance COUNTY'S share of PROJECT minus CITY'S share of PROJECT by utilizing MTA grant funds and COUNTY matching funds subject to paragraph (2) c., below. The actual cost of PROJECT is to be determined by a final accounting of PROJECT cost. c. To review bids, the proposed award amount for PROJECT, and any change orders for PROJECT and provide written approval, or other response, within twenty (20) calendar days of presentation by CITY. COUNTY'S approval may not be withheld unreasonably. If COUNTY'S response is not received within said twenty (20) calendar days, CITY may proceed with PROJECT or change orders. d. To authorize CITY to represent COUNTY in all negotiations pertaining to the advertisement of CONDUIT and SYSTEM for bids, award, and administration of the contract, and in all things necessary and proper to complete CONDUIT and SYSTEM. e. To perform or cause to be performed the procurement, preliminary engineering, contract administration, construction inspection and engineering, utility engineering and relocation for CAMERAS. To obtain CITY'S approval of plans for CAMERAS prior to advertising for construction bids consistent with Paragraph 1 (o) above, g. To advertise CAMERAS for construction bids, to award and to administer the construction contract, and to act on behalf of CITY in all negotiations pertaining thereto. h. To administer the design and construction of CAMERAS in accordance with all regulations and requirements of MTA relating to the expenditure of Proposition C Local Return funds and Proposition C Twenty-five Percent (25%) Discretionary funds and Memorandum of Understanding No. 447-246- 2-92-95/P0002315 between COUNTY and the MTA. i. To submit an invoice to CITY in a not -to -exceed amount of One Hundred Five Thousand and 00/100 Dollars ($105,000) which includes the cost for 50 percent of cost of CAMERAS within 30 days of the adoption of this agreement by COUNTY, subject to paragraph (3)1., below. PAGE 5OF9 j. To ensure that CITY and all officers and employees of CITY are named as additional insured parties under the construction Contractor's General Liability and automobile insurance policies for any vendor(s) utilized by County and City in connection with PROJECT. To furnish CITY, after final acceptance of PROJECT, a final accounting of the actual total CAMERA cost including an itemization of actual unit costs and actual contract quantities; all labor, equipment, material, consultant services, indirect, and miscellaneous costs; and other administrative and overhead costs required for COUNTY'S performance as specified in paragraph (2) e., above. (3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS. a. COUNTY'S contribution shall only pay for those eligible items of work included in the MTA'S Bus Speed Improvements Program guidelines. b. The cost of "SYSTEM," as referred to in this AGREEMENT, shall consist of the costs of procurement, and the Traffic Signal Control Software and hardware and system installation, integration and acceptance testing, and all other work and materials necessary to complete SYSTEM in accordance with the approved conceptual plan and shall include currently effective percentages added to total salaries, wages, and equipment costs to cover overhead, administration, and depreciation in connection with any or all of the aforementioned items. The cost of "procurement," as referred to in this AGREEMENT, shall consist of all necessary work; prior to advertising of SYSTEM for bids and shall include currently effective percentages added to total salaries, wages, and equipment costs to cover overhead, administration, and depreciation in connection with any and all of the aforementioned items. C. Within 60 days of completion of SYSTEM and CONDUIT, CITY shall transmit a final accounting to COUNTY. if net cost of SYSTEM and CONDUIT, based upon the final accounting of said items, is less than COUNTY'S payments, as set forth in paragraph (2) b., above, CITY shall refund the difference to COUNTY within 90 calendar days of CITY's transmittal of final accounting to COUNTY. d. During implementation of SYSTEM and construction of CONDUIT, CITY shall furnish an inspector or other representative to perform the functions of an inspector. COUNTY may also furnish, at no cost to CITY, a Consultant or other representative to assist in the integration of SYSTEM and construction of CONDUIT. COUNTY shall have no obligation to inspect SYSTEM or CONDUIT and no liability shall be attributable to the COUNTY as a result of PAGE 6OF9 COUNTY'S inspection or failure to inspect. Said consultant(s) and inspectors shall cooperate and consult with each other, but the orders of CITY inspector to the contractor or any other person in charge of construction shall prevail and be final, and the CITY inspector shall be responsible for the proper inspection of SYSTEM and CONDUIT as needed. e. During construction of CAMERAS, COUNTY shall furnish an inspector or other representative to perform the functions of an inspector. CITY may also furnish, at no cost to COUNTY, an inspector or other representative to inspect construction of the CAMERAS. CITY shall have no obligation to inspect the CAMERAS during construction of CAMERAS and no liability shall be attributable as a result of CITY'S inspection or failure to inspect during construction of CAMERAS. Said consultant(s) and inspectors shall cooperate and consult with each other, but the orders of COUNTY inspector to the contractor or any other person in charge of construction shall prevail and be final, and COUNTY inspector shall be responsible for the proper inspection of CAMERAS as needed. COUNTY shall not be: liable for any costs for SYSTEM and CONDUIT that does not conform to the regulations and requirements of MTA, as referred to in paragraph (1) d., above. g. The financial obligations of COUNTY pursuant to this AGREEMENT are expressly conditioned upon COUNTY obtaining reimbursement from the MTA pursuant to Memorandum of Understanding Number 447-246-2-92- 95/P0002315 between COUNTY and the MTA. h. This AGREEMENT may be amended or modified only by mutual written consent of COUNTY ,and CITY. Amendments and modifications of a non- material nature may be made by the mutual written consent of the parties. i. Any correspondence:, communication, or contact concerning this AGREEMENT shall be directed to the following: CITY: Mr. David G. Liu, P.E. Director of Public Works City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765-4178 COUNTY: Mr. Donald L. Wolfe Director of Public Works County of Los Angeles Department of Public Works P.O. Box 1460 Alhambra, CA 91802-1460 PAGE 7OF9 11 11 11 11 11 11 11 1/ Neither COUNTY nor any officer or employee of COUNTY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to, assumed by, or determined to be the responsibility of CITY' under this AGREEMENT. It is also understood and agreed that, pursuant: to Government Code, Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or .jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT. Where liability for injury (as defined by Government Code, Section 810.8) is sought to be imposed under Section 830, et seq., of the Government Code for a dangerous condition of property owned by or under the control of CITY, CITY shall fully defend, indemnify, and hold COUNTY harmless from any and all liability arising from such dangerous condition. k. Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code Section 895.4, COUNTY shall fully indemnify, defend, and hold CITY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is understood and agreed that the provisions of Assumption of Liability Agreement No. 60998 between CITY and COUNTY, adopted by the Board of Supervisors on April 11th, 1989, and currently in effect, are inapplicable to this AGREEMENT. PAGE 8OF9 IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the CITY OF DIAMOND BAR on , 2006, and by the COUNTY OF LOS ANGELES on , 2006. APPROVED AS TO FORM: RAYMOND G. FORTNER, JR. County Counsel By Deputy CITY OF DIAMOND BAR By City Manager ATTEST: COUNTY OF LOS ANGELES Director of Public Works APPROVED AS TO FORM: Attachment A City of Diamond Bar KITS DELIVERABLES AND PAYMENTS Project Costs per Task/Deliverable Task/Deliverable Value Value 1. Pro ect Mana ement Labor Ex ens. 2. Prelimma Engineering $18,000 2.1 Software Functional S ecil'ication $3,000 2.2 IP Addressin review $2,000 3. Procurement 3. i Bill of Materials for Central System Equipment $4,000 4. KITS 4. ] Functionali Review $8,000 5. S stem Inte ration 5.1 Installation Procedure $3,000 5.2 Equipment Confi uration in KHA Lab $9,000 5.3 E ui ment Shipment and Installation at Ci TMC $7,000 5.4 Map Configuration and System Inte nation for 10 Intersections $20,000 5.5 Trainin $3,000 5.6 e tante Test Plan $3,000 5.7 cution of Acee tante Test jAcce $7 000 5.8 tante Test Re art $4,000 6. Docntation 6.1 Electronic copies of the System USER'S, MAINTENANCE AND QUICK START GUIDE for KITS $2,000 6.2 Trainin $3,000 7. Final Training 7,1 Electronic Copies of Training Documentation (syllabus, manuals, materials) $2,000 nds-on Trainin $6,000 AL p,4sentation $104,000 rrant $10,000 aintenance, Su ort and KITS Software U rades $60,000 i in and Other Direct Project Expenses $15,000 3rd Par Tools and Hardware _ $45,000 TOTAL LABOR SUM CONTINGENCIES $174,000 TOTAL EXPENSE SUM 526,100 GRAND TOTAL $60.000 $260,100 �� �_ PvJl r A _.f_,ELES r0 N_ r N.S PUBLIC WORKS LEGEND REGIONALLY SIGNFICANTARTERIALS — FREEWAYS - COUNTYLINE - - CITY LIMITS - - - CA•210FWY(undermnshudion) WEST COVINA Vcu an r tg AVE t�wA - �LECE�E INDUSTRY '— COLIYARU [ NOGALES 6T,-1 UPDATED POMONA VALLEY FOR M STUDY AREA ;....: R6 LA COUNTY ........... ; BASELINE RD — `BASELINE i CLAREMONT LA VERVE e _: .NRa� ARROW fff WFAN a StRNl�p1NQ = m POMONA �� INhQ$AR_ j .GNBERN�RdNp f:OVN'F :.I CHINO HILLS HOLT AVE r MISSION BWC , CHINO FIGURE 1 trr� 2.2. i IGmley Hom !� and Assottes, tno LNFRaBIF Agenda # 6.13 Meeting Dates Jub) 18, 2006 �701 ." CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of t e City Council VIA: Linda C. Lowry, City Manager TITLE: APPROPRIATE $98,000 OF GENERAL FUND BALANCE RESERVE TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FISCAL YEAR 2006-2007; APPROVE PLANS AND SPECIFICATIONS; AND AWARD THE CONSTRUCTION CONTRACT FOR THE AREA 2 SLURRY SEAL/CHIP SEAL PROJECT TO AMERICAN ASPHALT SOUTH, INC. IN THE AMOUNT OF $639,975.50; AND AUTHORIZE A CONTINGENCY AMOUNT OF $45,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $684,975.50. RECOMMENDATION: Appropriate, approve, and award. FISCAL IMPACT: As part of the FY 2005-06 Capital Improvement Program, $600,000 of General Funds was budgeted for the design and construction of the Area 2 Slurry Seal/Chip Seal Project. In FY 2006-2007, the Area 2 Project was carried over from FY 2005-2006 with a budget of $650,000. To date approximately $63,024.50 has been expended for design and construction management services, printing, and newspaper notifications. There is approximately $586,975.50 remaining in the current budget. To fully construct the Area 2 improvements at a cost of $684,975.50, an additional General Fund amount of $98,000 is required. The lowest responsive bid received was $1,999.50 lower than the Engineer's Estimate of $641,975. BACKGROUND/DISCUSSION: The Area 2 Slurry Seal/Chip Seal Project, with a centerline mileage of 15.8 miles, is the second year of the Seven -Year Slurry Seal Program. A map of Area 2 is attached for your information. With the completion of the Pavement Management System in 2005, several streets within Area 2 were identified to be in very poor to failed pavement conditions. Due to these poor pavement conditions, a slurry seal will not be an effective pavement maintenance treatment. Therefore, in addition to the normal slurry seal treatment to the roadway, twenty-three (23) streets have been selected to receive a cape seal treatment that will extend the life of the pavement -For up to 10 years. This cape seal treatment is considered much more cost effective than a grind and overlay treatment of failed roadways. With the completion of the plans and specifications, the project was advertised for bids on June 20, 2006. On July 6, 2006, three (3) bids were received, and the lowest responsible bidder was American Asphalt South, Inc. The bids received were as follows: Company_ Bid Amount 1. American Asphalt South, Inc. $639,975.50 2. Doug Martin Contracting Co. $651,655.00 3. Pavement Coatings Co. $789,987.83 Staff has verified the contractor state license and found it to be valid. References were checked for similar work completed and American Asphalt South, Inc. has satisfactorily completed many slurry seal projects in other Los Angeles and Orange County Cities. The project schedule is tentatively set as follows: Award of Contract Start of Construction Completion of Construction PREPARED BY: Kimberly Molina, Associate Engineer REVIEWE 1 David 6 Liu, P.E. Director of Public Works July 18, 2006 August 7, 2006 October 6, 2006 Date Prepared: July 10, 2006 ATTACHMENTS: AREA 2 MAP CONTRACTOR AGREEMENT -2- CITY OF DIAMOND BAR SLURRY SEAL 1 CHIP SEAL PROJECT (AREA 2) MAY 2006 100 N T-WW Arwiu, 6du M ftn Ana OA. Ob0e TMT M OW O o-noo 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 American Asphalt South, Inc hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY." WHEREAS, pursuant to Notice Inviting Sealed Bids, bids were received, publicly opened, and declared on the date specified in the notice; and and; WHEREAS, City did accept the bid of CONTRACTOR American Asphalt South Inc. WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Area 2 Slurr Seal/Chi Seal Proiect in the City of Diamond Bar. agreed: NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Area 2 Slurry Seal/Chip Seal Proiect in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, dated June 2006 (The Plans and Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City Engineer, 2, INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated July 6 2006, 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. TERMS OF CONTRACT The CONTRACTOR agrees to complete the work within Forty -Five 45 working days from the date of the notice to proceed, The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the completion date. City may deduct the amount thereof from any monies due or that may become due the CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages. 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. C. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is admitted to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter," 5) Otherwise be in form satisfactory to the City. d, The policy of insurance provided for in subparagraph a. shall contain an endorsement which: 1) Waives all right of subrogation against all persons and entities 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. C. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of the: Contract, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a, and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR. shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any wort; 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 apprenticcable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator ol`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. S. 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 fled in accordance with Labor Code Section 1773.8. 9, CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and employees ("Idemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workmen or employees of the CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. The CONTRACTOR will indemnify Indemnitees against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of City. In connection therewith: a. The CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. In the event Indemnitees are made a party to any action or proceeding filed oz - prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. 10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color or religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735. IL 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 Juicy 6, 2006. 12. TERMINATION: This agreement may be terminated by the City, without cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty {30} days prior to the date of termination specified in the notice. In the event of such termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to the effective date of termination. IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. State of California "CONTRACTOR'S" License No. _ 784969 A Classification American Asphalt South Inc. 14436 Santa Ana Avenue Fontana CA 92337 By: TITLE Date CITY OF DIAMOND BAR, CALIFORNIA By CAROL HERRERA, MAYOR Date ATTEST: By: TOM YE A. CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone _ 909-427-8276 Emergency Phone at which CONTRACTOR can be reached at any time (909)913-9293 APPROVED AS TO FORM: CITY ATTORNEY Date Agenda # 6.14 Meeting Date: July 18 2006 CITY COUNCIL AGENDA REPORT �t q i TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manag r TITLE: INCREASE IN CONTRACT AMOUNT FOR CITY PROSECUTOR SERVICES PROVIDED BY DAPEER„ ROSENBLIT & LITVAK, LLP. RECOMMENDATION: Approve the contract amendment. FINANCIAL IMPACT. Increase the contract amount for an additional $7,000 to a total contract amount of $32,000 for FY 2005-2006 Budget (001-5230-45213). BACKGROUND: On December 8, 2002, the City entered into a Professional Services Agreement with Dapeer, Rosenblit & Litvak, LLP to provide services as City Prosecutor. Attorney Steve Rosenblit provides legal assistance to the City on an "as -needed" basis for assigned code enforcement cases. In FY 05-06, the budgeted contract amount was $15,000. On January 16, 2006, the contract was increased to $25,000 in accordance to City Manager's authority. The increase was a result of specific high scale code enforcement issues that required legal direction. Ongoing assignments and unanticipated casework requires an additional allocation of resources for the balance of FY 05-06. It is recommended that the "as -needed" contract compensation be increased by an additional $7,000.00 to compensate the City Prosecutor for services that have exceeded the City Manager's authority. Prepared By: Nancy Fong, AICP Community Development Director Attachment: Amendment No. 2 Agreement Reviewed By: David Doyle Assistant City Manager AMENDMENT NO.2 TO THE CITY'S AGREEMENT FOR LEGAL SERVICES IN CONJUNCTION WITH CODE ENFORCEMENT This Supplemental Agreement No. 2 to the City's Agreement is made and entered into this 2006, between the City Of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and Dapeer, Rosenblit & Litvak, LLP, a Califomia limited liability partnership (hereinafter referred to as the "Firm.") A. Recitals: (i) The City has heretofore entered into an Agreement, dated May 10, 2005, with the Firm to provide legal services for code enforcement (hereinafter referred to as the "Agreement".) (ii) The Firm will provide additional legal services at a cost not to exceed SEVEN THOUSAND DOLLARS ($7,000.00.) (iii) It is in the City's best interest to extend the Agreement rather than request bids for the services in order to ensure consistency and continuity of the services already being provided by the Firm. NOW THEREFORE, it is agreed by and between City and the Firm Section 1: In accordance with Section 10 of the Agreement, and as authorized by the City Manager, the City agrees to compensate the Firm, and the Finn agrees to accept in full satisfaction for the services provided for hereunder, fees on a time and material basis at the rates set forth in the original Agreement, but in no event to exceed THIRTY TWO THOUSAND DOLLARS ($32,000.00.) Section 2: Each party to this Supplemental Agreement No. 2 acknowledges that no representation by a party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Supplemental Agreement No. 2 shall be valid and binding. Any modification of this Supplemental Agreement No. 2 shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2 as of the day and year first set forth above: Dapeer, Rosenblit & Litvak, LLP City Of Diamond Bar Approved As To Form: City Attorney 2 Linda C. Lowry, City Manager CITY COUNCIL Agenda # 6.15 _ Meeting Date: July 18, 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: APPROVE RESOLUTION NO. 2 06 -XX APPROVING TWO UNION PACIFIC RAILROAD CROSSING AGREEMENTS FOR THE ALAMEDA. CORRIDOR EAST CONSTRUCTION AUTHORITY BREA CANYON ROAD GRADE SEPARATION PROJECT- FOLDER NUMBERS 2353- 42 AND 2353- 48 RECOMMENDATION: Approve. FINANCIAL IMPACT: Approval of the resolution and the two agreements will have no financial impact to the City of Diamond Bar. All costs associated with the construction of the Brea Canyon Road Grade Separation Project will be funded by the Alameda Corridor East Construction Authority (ACE). BACKGROUND/DISCUSSION: The ACE Project is designed to minimize the traffic, noise, and air quality impacts to the community as a result of anticipated increased train traffic. The project is a 35 -mile (between downtown Los Angeles and the City of Pomona) corridor -wide improvement program which consists of public improvements along the Union Pacific Railroad tracks. The Brea Canyon Road Grade Separation Project is one of the twenty-one grade separation projects to be constructed, and is located within the Cities of Diamond Bar and Industry. A bridge will be built to carry the train over Brea Canyon Road, which will be lowered approximately 18 feet beneath the exiting railroad tracks. As a result, all underground utilities including sewer lines will be relocated. The proposed sewer lines will be installed to serve the residents and businesses of Diamond Bar. The executions of these UPRR crossing agreements are required due to the fact that Diamond Bar's sewer facilities will be constructed within the UPRR right-of-way. On March 30, 2006, ACE awarded the construction contract in the amount of $39,958,807 to Griffith Company. The project construction has just started and will continue in 4 phases. ACE anticipates to complete the project by Spring 2008. PREPARED BY: Fred Alamolhoda, Senior Project Manager Date Prepared: July 10, 2006 REVIEWE G-, David G. u, Director of Public Works Attachments: Resolution No. 2006 -XX Pipeline Crossing Agreements RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING TWO UNION PACIFIC RAILROAD CROSSING AGREEMENTS FOR THE ALAMEDA CORRIDOR EAST BREA CANYON ROAD GRADE SEPARATION PROJECT - FOLDER NUMBERS 2353 - 42 AND 2353 - 48 WHEREAS, the Alameda Corridor East (ACE) Project is designed to minimize the traffic, noise, and air qualify impacts to the community as a result of anticipated increased train traffic; WHEREAS, the City of Diamond Bar (City) entered into an agreement with the ACE regarding the construction of grade crossing safety improvements and grade separation projects on July 18, 2000; WHEREAS, on March 30„ 2006, ACE awarded a construction contract to construct the Brea Canyon Road Grade Separation Project within the Cities of Diamond Bar and Industry; WHEREAS, the Pipeline Crossing Agreements (Folder nos. 2342 - 42 and 2353 - 48) shall be fully executed by the City and Union Pacific Railroad prior to start of installation of the two sewer pipelines crossing the UPRR tracks. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar, California, does hereby resolve, determine and order as follows: Section 1. Approve two UPRR crossing agreements for ACE's Brea Canyon Road Grade Separation Project Folder nos. 2353 - 42 and 48. Section 2. Appoint, the City Manager as an authorized individual to execute all agreements, amendments, and documents which will be required for the completion of the two sewer pipeline installations under the UPRR tracks. PASSED, ADOPTED AND APPROVED at a regular meeting of the City Council this 181h day of July 2006. Carol Herrera, Mayor ATTEST: Tommye Cribbins, City Clerk I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 18th day of July, 2006, by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAINED: COUNCILMEMBER: Tommye Cribbins, City Clerk City of Diamond Bar, CA PL X 940206 Form Approved, AVP -Law PIPELINE CROSSING AGREEMENT Mile Post: 24.9 1, Los Angeles Subdivision Location: City Of Industry, Los Angeles County, California Folder No. 2353-42 THIS AGREEMENT is made and entered into as of December 01, 2005, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY OF DIAMOND BAR, a California municipal corporation to be addressed at City Hall, 21825 Copley Drive , Diamond Bar, California 91765-4178 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE. Upon execution of this Agreement, the Licensee shall payto the Licensor a one-time License Fee of Nine Thousand Five Hundred Dollars ($9,500.00). Article II. LICENSOR GRANTS RIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate only a 10" sewer pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated October 24, 2005, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article III. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article TV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE. A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 2353-42, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the 'Pipeline' located on Railroad right-of-way at Mile Post 24.91, on the Los Angeles Subdivision, at or near City Of Industry, Los Angeles County, California. B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor C. All insurance correspondence shall be directed to: Joan M. Preble Folder No. 2353-42 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 Article VI. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. Article VII. SPECIAL PROVISIONS. Sections 11 and 13(b) of the Exhibit B, hereto attached, have been amended as shown in italics. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF DIAMOND BAR By: By: Joan Preble Manager Contracts Name: Title: PLACE ARROW INDICATING NORTH DIRECTION RELATIVE TO CROSSING rQ ��INCAREST R. R, fgYjFl1 ? 4 �? h }`he ` l FORM DR -0404-8 REV, 5-15-98 www. u prr.com ENCASED NON-FLt�MMABLE PIPELINE CROSSING NOTE: ALL AVAILABLE DIMENSIONS MUST BE FILLED IN TO PROCESS THIS APPLICATION, 1019 FT. /B2FT.— FT. FT. ----- ('FEE NOTE 3 B 5) ( SEE NPTE 3 8 ce I67°d-f' 03" I � Ft UAIN TRACK (DESCRIBE FIXED OBJECT ( SEE NOTE b) IDESTANCE ALONG TRACK FROM SECTION LINE CROSSENGI FT: } (NOrE: THIS DIMENSION REQUIRED IN ALL CASES. aT LOCATIONS NOT USING SECTIONS, D15TA TO A LFGAL SURVEY LINE IS REOUIREO) OR, S R/R 1F T. x UJ". DIST A!I ( 5ee NOlt 2T -� z NG RR' S R/w ;I �a FT. TO 1NEAREST A. I#. iOwN1 ( 1 A: 5 FT MIN. 1 I ` FT. (20 Fr. MAK -I FT. SEAL CASING 1� CASING PIPE1(See NO,e M1 IT FT1 MITI;) J � \ I I 2 D Is Fr.— 7T 5 FT. I SL7.7'L JihO FT. __& F T. Aim 'NOTES (CASING LENGTH WEN MEASURED ALONG PIPELINE.) II MlL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM 4- OF TRACK. 21 Ca51 HG TO EXTEND BEYOND THE E OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 F7., OR 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT-OF-wAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK, 31 MI MI MIM OF 50' FROM THE ENO OF AW RAILROAD BRIDGE, 4. Of ANY CULVERT, OR FROM ANY SWITCHING AREA. 4, SIGNAL REPRESENTATIVE MAST BE PRESENT DURING INSTALLATION IF R►ILROAO SIGNALS ARE IN THE VICINITY OF CROSSING. SI ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; 4. OF 8040 CROSSINGS B OVERHEAD VIADUCTS (GIVE ROAD NAME1, OR CULVERTS_ S/ CASING ANOCARRIER PIPE ALES BE PLACED A MI"i"'UN OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REQUIRED WITHIN 5 fEET OF THE EX 15r ING F: BER OPTIC CABLE MISE BE HAND DUC. P P � - UI N 1E55 .3125' 5/16' OVCER 12 3750" 3/a" OVER 18--22- _4375- 7/16- OVER 22"-20- .5000' 1/2" OVER 28--34- .5625' 9/16" OVER 34--42- .6250' 5/8` OVER 42--48- OVER 48" MUST BE APPROVED BY R.R. CO. NOTE: THIS CHART 15 ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 90" A.8 SIN 4� B WIN. D I ST. I NOTE 2) TRACK Al (DESCRIBE FIXED OBJECT) EXHIBIT wA"A" 8) DI ( SEE NOTE 5) Fp1 RAM0040 u5( OKII C) CARRIER PIPE COMMODITY TO BE CONVEYED SCLCIRt�� 1 OPERATING PRESS^ PS1 N F7. WALL THICKNESS Q14METER ;MATERIAL\4-'P � EI CASING WALLPIPE THICKNESSY /d r. ;DIAMETER�� L ;MATERIAZ L - �' P F. S. 13 is} Mkt cRoNo SURFACE ENCASED eL,z✓ CROSSING AT STEEL CASING WALL THICKNESS CHART _ �SDBOAAOE I r MINIMUM TI HCXN $ 0 ER OF CASING PIPE ( 1 A: 5 FT MIN. 1 I ` FT. (20 Fr. MAK -I FT. SEAL CASING 1� CASING PIPE1(See NO,e M1 IT FT1 MITI;) J � \ I I 2 D Is Fr.— 7T 5 FT. I SL7.7'L JihO FT. __& F T. Aim 'NOTES (CASING LENGTH WEN MEASURED ALONG PIPELINE.) II MlL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT ANGLES FROM 4- OF TRACK. 21 Ca51 HG TO EXTEND BEYOND THE E OF TRACK AT RIGHT ANGLES THE GREATER OF 20 • 20 F7., OR 30 FT., AND BEYOND LIMIT OF RAILROAD RIGHT-OF-wAY IF NECESSARY TO PROVIDE PROPER LENGTH OUTSIDE OF TRACK, 31 MI MI MIM OF 50' FROM THE ENO OF AW RAILROAD BRIDGE, 4. Of ANY CULVERT, OR FROM ANY SWITCHING AREA. 4, SIGNAL REPRESENTATIVE MAST BE PRESENT DURING INSTALLATION IF R►ILROAO SIGNALS ARE IN THE VICINITY OF CROSSING. SI ALLOWABLE FIXED OBJECTS INCLUDE: BACKWALLS OF BRIDGES; 4. OF 8040 CROSSINGS B OVERHEAD VIADUCTS (GIVE ROAD NAME1, OR CULVERTS_ S/ CASING ANOCARRIER PIPE ALES BE PLACED A MI"i"'UN OF 2 FEET BELOW THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATION REQUIRED WITHIN 5 fEET OF THE EX 15r ING F: BER OPTIC CABLE MISE BE HAND DUC. P P � - UI N 1E55 .3125' 5/16' OVCER 12 3750" 3/a" OVER 18--22- _4375- 7/16- OVER 22"-20- .5000' 1/2" OVER 28--34- .5625' 9/16" OVER 34--42- .6250' 5/8` OVER 42--48- OVER 48" MUST BE APPROVED BY R.R. CO. NOTE: THIS CHART 15 ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 PSI. FORMULA TO FIGURE CASING LENGTH WITH ANGLE OF CROSSING OTHER THAN 90" A.8 SIN 4� B WIN. D I ST. I NOTE 2) TRACK Al [S I ELINE CROSSING WITHIN DEDICATED STREET .—YES;_NO; EXHIBIT wA"A" 8) DI IF YES, NAME OF STREET DISTRIBUTION LINE OR TRANSMIS51ON LINE Fp1 RAM0040 u5( OKII C) CARRIER PIPE COMMODITY TO BE CONVEYED SCLCIRt�� UNION PACIFIC RAILROAD CO. OPERATING PRESS^ PS1 N + OS �ini�lCs WALL THICKNESS Q14METER ;MATERIAL\4-'P � EI CASING WALLPIPE THICKNESSY /d r. ;DIAMETER�� L ;MATERIAZ L - �' P F. S. 13 is} Mkt NOTE :CASING MUST HAVE 2" CLEARANCE BETWEEN GREATEST ENCASED eL,z✓ CROSSING AT OUTSIDE DIAMETER OF CARRIER PIPE AND INTERIOR OIAMETER.OF r CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OF L �kSi.y LOX flKsa(e$ cfi� CARRIER P I Pi AND I NS I DE OF CASING PIPE. AAATST I,r. EA,,,, STATE, F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S): CN.� , - (MY BORE AND JACK ( WET BORE NOT PERMITTED) (J G) TUNNEL ; OTHER WILL CONSTRUCTION BE BY AN OUTSIDE CONTRACTOR? E .—NO;�R S; .� FILE Fnl�wr' ND. �353— �Z DATE /u -2y -a5 H) DISTANCE FROM CENTER LINE OF TRACK TO NEAR FACE OFBORING AND JACKING PITS "THEN MEASURE,, AT RIGHT ANGLES TO TRACK Sn w A R N I H C 11 APPLICANT HAS CONTACTED 1-800-336-9193, I30' MIH,I IN ALL OCCASION,, R P. COMMUNICATIONS U. P. COMMUNICATION DEPARTMENT, AND HAS DETERMINED F]BER DEPARTMENT KUST BE CUHTAC7Ep IN ADVANCE OPTIC CABLE DOES DOES NOT ; EXIST IN VICINITY OF of ANY WTI rD ocrEER O EXISTENCE AND LOCATION OF 1 -BER 336-9 CABLE. WORK TO BE PERFORMED TICKET N0. PRONE : i-Boo-33G-y,v3 PL X 980112 June 22, 2006 Form Approved, 2353-42 City of Diamond Bar EXHIBIT B Section 1. LD41TATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION, MAINTENANCE AND OPERATION. (a) The Pipeline shall be constricted, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's Vice President -Engineering Services. In the event such Specification conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. (b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. (c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Vice President -Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President -:Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bills shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. plx.exb Exhibit B PL X 980112 June 22, 2006 Form Approved, 2353-42 City of Diamond Bar Section 3. NOTICE OF COMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modification, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section 5. REINFORCEMENT RELOCATION OR REMOVAL OF PIPELINE. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the sole expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable. (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. (a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensees expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. plx.exb Exhibit B PL X 980172 June 22, 2006 Form Approved, 2353-42 City of Diamond Bar (b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (1) any damage to or destruction of any telecommunications system on Licensor's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Licensor's property, except if such costs, liability or expenses are caused solely by the direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of services of the fiber optic cable on Licensor's property. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES, (a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. (b) The Licensee shall promptly pay or discharge all taxes, charges and assessments levied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be included in the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. plx.exb Exhibit B PL X 980112 June 22, 2006 Form Approved, 2353-42 Section 10. INDEMNITY. City of Diamond Bar (a) As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). (b) As a major inducement and in consideration of the Iicense and permission herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof; or The presence, operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. In lieu of the foregoing, after receiving written approval from the Licensor, Licensee may abandon the pipeline in place in accordance with Licensor's preferred method of abandonment. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. plx.exb Exhibit B PL X 980112 June 22, 2006 Form Approved, 2353-42 City of Diamond Bar Section 13. TERMINATION. (a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than thit4y (3 one hundred twenty (120) days subsequent to the date upon which such notice shall be given. In the event of termination by Licensor pursuant to this paragraph (b) Licensor shall, to the extent it is reasonably able to do so, provide Licensee with a substitute location for the Pipeline crossing that is reasonably proximate to the location shown in Exhibit A and equally suitable for Licensee's purposes. (c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 1.4. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign. this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. plx.exb Exhibit 13 PL X 986112 June 22, 2006 Form Approved, 2353-42 EXHIBIT B-1 Union Pacific Railroad Contract Insurance Requirements City of Diamond Bar Pipeline, Wireline, Drainage Agreement on Union Pacific Property Licensee shall, at its sole cost and expense, procure and maintain during Agreement (except as otherwise provided in this Agreement) the following insurance coverage his A. Commercial General Liabi itv insurance. Commercial general liability (CGL) with a Iimit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 substitute form providing equivalent coverage). 12 04 (or a The policy must also contain the following endorsement, which must be stated on the certificate of insurance; • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Covera a insurance. Business auto coverage written on ISO CA 00 01 (or a substitute form providing equivalent liability coverage) with combined S ngle limit of not less $2,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 O1 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS -90) if required by law. C. u Workers Com ensation and Em 10 ers Liabilit insurance. Coverage must include but not be limited to: • Licensee's statutory liability under the workers' compensation laws of the states} affected by this Agreement. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease Policy limit $500,000 each employee. If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). plx.exb Exhibit B PL X 980112 June 22, 2006 Form Approved, 235342 City of Diamond $ar D. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, these policies must "follow form" and afford no Iess coverage than the primary policy. Other Requirements E. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity Provisions of this Agreement. F. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not Iawfully be obtained for any Punitive damages that may arise under this agreement, or (b) all pu by all states in which this agreement will be performed. nitive damages are prohibited G. Licensee waives all rights against Railroad and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered b workers compensation and employers liability or commercial umbrella or excess liabi ity the obtained by Licensee required by this agreement. H. Prior to commencing the work, Licensee shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. I• All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or bett authorized to do business in the state(s) in which the work is to be performed. er, and J. The fact that insurance is obtained by Licensee or by Railroad on behalf of Licensee wai not be deemed to release or diminish *>,o PL X 940206 Form Approved, AVP -Law PIPELINE CROSSING AGREEMENT Mile Post: 25.02, Los Angeles Subdivision Location: City Of Industry, Los Angeles County, California Folder No. 2353-48 THIS AGREEMENT is made and entered into as of December 02, 2005, by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, (hereinafter the "Licensor") and CITY OF DIAMOND BAR, a California municipal corporation to be addressed at City Hall, 21825 Copley Drive, Diamond Bar, California 917654178 (hereinafter the "Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article I. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Nine Thousand Nine Hundred Seventy Five Dollars ($9,975.00). Article H. LICENSOR GRANTS RIGHT. In consideration of the License Fee to be paid by the Licensee and in further consideration of the covenants and agreements herein contained to be by the Licensee kept, observed and performed, the Licensor hereby grants to the Licensee the right to construct and thereafter, during the term hereof, to maintain and operate only a 8" sewer pipeline crossing (hereinafter the "Pipeline") in the location shown and in conformity with the dimensions and specifications indicated on the attached print dated October 24, 2005, marked Exhibit A. Under no circumstances shall Licensee modify the use of the Pipeline for a purpose other than the above-mentioned, and said Pipeline shall not be used for any other use, whether such use is currently technologically possible, or whether such use may come into existence during the life of this Agreement. Article M. CONSTRUCTION, MAINTENANCE AND OPERATION. The grant of right herein made to the Licensee is subject to each and all of the terms, provisions, conditions, limitations and covenants set forth herein and in Exhibit B, attached hereto and hereby made a part hereof. Article IV. IF WORK IS TO BE PERFORMED BY CONTRACTOR. If a contractor is to do any of the work performed on the Pipeline (including initial construction and subsequent relocation or substantial maintenance and repair work), then the Licensee shall require its contractor to execute the Railroad's form Contractor's Right of Entry Agreement. Licensee acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor of the need to execute the Agreement. Under no circumstances will Licensee's contractor be allowed onto Licensor's premises without first executing the Contractor's Right of Entry Agreement. Article V. INSURANCE. A. The Licensee, at its expense, shall obtain the insurance described in Exhibit B-1, hereto attached. The Licensee will also provide to the Licensor a Certificate of Insurance, identifying Folder No. 235348, issued by its insurance carrier confirming the existence of such insurance and that the policy or policies contain the following endorsement: UNION PACIFIC RAILROAD COMPANY is named as an additional insured with respect to all liabilities arising out of the existence, use or any work performed on or associated with the Pipeline' located on Railroad right-of-way at Mile Post 25.02, on the Los Angeles Subdivision, at or near City Of Industry, Los Angeles County, California. B. If the Licensee named in this Agreement is a public entity subject to any applicable statutory tort laws, the limits of insurance described in Exhibit B-1 shall be the limits the Licensee then has in effect or which is required by applicable current or subsequent law, whichever is greater, a portion of which may be self-insured with the consent and approval of the Licensor C. All insurance correspondence shall be directed to: Joan M. Preble Folder No. 235348 Union Pacific Railroad Company Real Estate Department 1400 Douglas Street STOP 1690 Omaha, NE 68179-1690 Article VI. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as herein provided. Article VII. SPECIAL PROVISIONS. Sections I 1 and 13(b) of the Exhibit: B, hereto attached, have been amended as shown in italics. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMPANY CITY OF DIAMOND BAR Joan Preble Manager Contracts Name: Title: ! PLACE ARROW INDICATING NORTH • DIRECTION RELATIVE TO CROSSING �¢= FORM DR -0 I q 0�2 REV. 5. 15 ENCASED NON_ FLAMMA13LE ` �~as PIPELINE CROSSING e=v NOTE; ALL AVAILABLE DIMENSIONS MUST BE �2 NO !CALE FILLED IN TO PROCESS THIS APPLICATION. RR*5 R,W ..-- Wv FT. _ FT. (SEE Fp TE 3 9S) FT. I O (SEE ngTE 3 8 gl IC T. O ' 1 NE ARCST R.R. fl?WNI • h� s—rl yalN TRACK (ANGLE OF tRQ551 NG1 �w 10 ..W�� 04 f NCARES� Twp• q 1 411, 4 2rV (OE SCRIBE Flx[b OBJCCT V `�„?a (SCE NprE 6) (OESCRIBE FI%EB OBJECT (SEE NOTE 5) ~ ti 1OISr.NCE •LONG rRACk FROM SECr;ON LINE CAO55INGI FT. FT. (NOTE: TRIS DIMENSION REOOIREp In ALL CASES. AT LOCATIONS NOT USING SECTION$ DISTANCE - - r0 A LEGAL SURVEY LINE IS REWIRED) lil;' S A,W 35FT. a ` � LIN. DIST I M (S.. Not• 25----- SSZ.9p Tf.Z Srn�OFrAcE a STEEL CASING WALI THICKNESS CHART I SUOGRADE I THICKNESS CIIlHE5�5 DIAMETER 1 CASING p F T. ! I • 2500' 114- 12- OR L -3125' 5/16- OVER 12-- [a.5 Fr MIN ) _ .3750' 3/B" FL 170- Fr, MAX. J ::: ca Ar ' .4375" T/16- OVER 18' - SEAL CASING Q 5000 1/2- OVER _ — — — — — — >e CASING PI (See Nofe Aj (3 FT. yYnl) SEAL CASING OVER 2$"- %— ` ♦ .5625' 9/16' OVER 34"- � —�—`-- �------- — .6250' S/e" OVER 42-- -.e— T- -.e — J — � CARR [ER PIPE OVER 48" — \ I APPED I y R. RBE ROVR. co. i ® NOTE: T141S CHART IS DI I ' ' I i'IPES MOTH STEEL IHi YIE t D Hs Fr..�� STRENGTH OF 5 Fr.FT. 7 I 351 Q00 _p5 I —loo FT. FORMUILA TO FIGURE CAS I N, -'/ TLENGTH WITH ANGLE QF rES1 CROSSING OTHER THAN 90' Ir ALL HORIZONTAL DISTANCES TO BE MEASURED AT RIGHT AW -LES LENGTH .NEN MEASURED ALONG PIPELINE.) Ii CASING TO EXTEND BEYOND THE E OF TRACK AT RICITr ANGLESSi �' OF 7AAC14 6 . fid• AND BEYOND LIMIT OF RAILROAD AfGHT-OF-WAV IF NECESSARY TO REATER OF 20 . 20 FT., OR 30 FT,. SIH 3) MINIfIAi OF 50• FROM THE EMD OF ANY' RAILROAD BRIDGE. PROVIDE PROPER LENGrH OUTSIDE or TRACH. f' 41 Si GNAL REPRESENTATIVE MUST BE PRESENT i AFIY CUI.Y[Rrr OR FROM ANY SWITCHING AREA. L►�'� B 51 ALLOWABLE FIXED QBrECrS INCLUDE, BACKW�S QF INS INSTALLATION LOAF RAILROAD SIGNALS ARE IN TRE VICINITY 61 CASINO AND CARR EER PIPE Si ROAD CROSSINGS B OvERNEAD VIADUCTS (GIVE CROS, NCA ��~ MIN. 0 1 S W57 BE PLACED A MINIUM OF 2 CEET BELON THE EXISTING FIBER OPTIC CABLE. ANY EXCAVATIONROAD I�REOU)REDOR EIFITRIN TRACH (NOTE 7I 5 iEEf of T)� EKISTf NG FIBER OPTIC CABLE MUST BE NANO DUG, A) 15 PIPELINE CROSSING WITHIN DEDICATED STREET ? BI IF YES, NAME OF STREET YES; ►Ifo; DI DISTRIBUTION LINEEXHIBIT "A" C? CARRIER PIPE OR TRANSMISSION LINE Ton AAtinoaP .5c„ COMMODITY TO BE CONVEYED Grp UNION PACIFIC RAILROAD CO. OPERATING PRESS PSI /( WALL THICKNESS ;Dl METER�—_.MATERIAL �. LOS josA �CS EI CASING PIPE I/ ' ) Is11evHYlslwl WALL THICKNESS�•�—,DIAMETER 33 `E;MATERIAL�ZWL. M, P ZS. oZ OUTSIDE DIAMETERNOTE AOFNC RRIERHPIp12gNpL INTERIORBETWEETERREATESTT E. s� 13Z�t 6S CASING PIPE. WHEN FURNISHING DIMENSIONS, GIVE OUTSIDE OOF F ENCASEDDIAM--------CROSSING -- CROSSING AT CARRIER PIPE AND INSIDE OF CASING PIPE. r F) METHOD OF INSTALLING CASING PIPE UNDER TRACK(S)7 wc•klsrnr.l "t �L' °<<S _l�DRY BORE AN canTrl s1.,r1 0 JACK (WET BARE NOT PERMITTED) ; CHt c f - TUNNEL ; OTHER a Mac• V, Gl WILL CONSTRUCTION 9E. BY AN OUTS{OE CONTRACTOR? RR FILE NO. Z 3 :Ig'I HI DISTANCE I NCE FROM CENTER LINE OF TRACK TO NEAR FACE OF YgpJAC AN --�` DATE 10 z� Y W JACKING PITS WHEN MEASURED AT RIGHT ANG ,AND 11 APPLICANT HAS CONTACTEDTO TRACK I-800-336-9193 LE5 r3 W AA R N N G U. P- COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER IN ALL OCCASIONS, U. P- COMMUNICATIONS� OPTIC CABLE DOES ; IN MUST BE CONTACTED ADVANCE WORK TO BE PERFORMED -_TICET NO.NOT ; EXIST IN VICINITY OF OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE : '-500-336-9,,j3 -500-336-9193 FL X 980112 June 22, 2006 Form Approved, 2353-42 City of Diamond Bar EXHIBIT B Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. (a) The foregoing grant of right is subject and subordinate to the prior and continuing right and obligation of the Licensor to use and maintain its entire property including the right and power of the Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal, communication, fiber optics,. or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any time or times by the Licensor without liability to the Licensee or to any other party for compensation or damages. (b) The foregoing grant is also subject to all outstanding superior rights (including those in favor of licensees and lessees of the Licensor's property, and others) and the right of the Licensor to renew and extend the same, and is made without covenant of title or for quiet enjoyment. Section 2. CONSTRUCTION MAINTENANCE AND OPERATION. (a) The Pipeline shall be constructed, operated, maintained, repaired, renewed, modified and/or reconstructed by the Licensee in strict conformity with Union Pacific Railroad Co. Common Standard Specification 1029 adopted November 1949, and all amendments thereof and supplements thereto, which by this reference is hereby made a part hereof, except as may be modified and approved by the Licensor's Vice President -Engineering Services. In the event such Specification conflicts in any respect with the requirements of any federal, state or municipal law or regulation, such requirements shall govern on all points of conflict, but in all other respects the Specification shall apply. (b) All work performed on property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline shall be done to the satisfaction of the Licensor. (c) Prior to the commencement of any work in connection with the construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline where it passes underneath the roadbed and track or tracks of the Licensor, the Licensee shall submit to the Licensor plans setting out the method and manner of handling the work, including the shoring and cribbing, if any, required to protect the Licensor's operations, and shall not proceed with the work until such plans have been approved by the Vice President -Engineering Services of the Licensor and then the work shall be done to the satisfaction of the Vice President -Engineering Services or his authorized representative. The Licensor shall have the right, if it so elects, to provide such support as it may deem necessary for the safety of its track or tracks during the time of construction, maintenance, repair, renewal, modification, relocation, reconstruction or removal of the Pipeline, and, in the event the Licensor provides such support, the Licensee shall pay to the Licensor, within fifteen (15) days after bilis shall have been rendered therefor, all expense incurred by the Licensor in connection therewith, which expense shall include all assignable costs. (d) The Licensee shall keep and maintain the soil over the Pipeline thoroughly compacted and the grade even with the adjacent surface of the ground. plx.exb Exhibit B PL X 980112 June 22, 2006 Form Approved, 2353-42 City of Diamond Bar Section 3. NOTICE OF CQMMENCEMENT OF WORK. If an emergency should arise requiring immediate attention, the Licensee shall provide as much notice as practicable to Licensor before commencing any work. In all other situations, the Licensee shall notify the Licensor at least ten (10) days (or such other time as the Licensor may allow) in advance of the commencement of any work upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline. All such work shall be prosecuted diligently to completion. Section 4. LICENSEE TO BEAR ENTIRE EXPENSE. The Licensee shall bear the entire cost and expense incurred in connection with the construction, maintenance, repair and renewal and any and all modifcation, revision, relocation, removal or reconstruction of the Pipeline, including any and all expense which may be incurred by the Licensor in connection therewith for supervision, inspection, flagging, or otherwise. Section S. REINFORCEMENT RELOCATION OR REMOVAL OF PIPELINE. (a) The license herein granted is subject to the needs and requirements of the Licensor in the operation of its railroad and in the improvement and use of its property, and the Licensee shall, at the the expense of the Licensee, reinforce the Pipeline, or move all or any portion of the Pipeline to such new location as the Licensor may designate, whenever, in the furtherance of its needs and requirements, the Licensor shall find such action necessary or desirable. (b) All the terms, conditions and stipulations herein expressed with reference to the Pipeline on property of the Licensor in the location hereinbefore described shall, so far as the Pipeline remains on the property, apply to the Pipeline as modified, changed or relocated within the contemplation of this section. Section 6. NO INTERFERENCE WITH LICENSOR'S OPERATION. The Pipeline and all parts thereof within and outside of the limits of the property of the Licensor shall be constructed and, at all times, maintained, repaired, renewed and operated in such manner as to cause no interference whatsoever with the constant, continuous and uninterrupted use of the tracks, property and facilities of the Licensor, and nothing shall be done or suffered to be done by the Licensee at any time that would in any manner impair the safety thereof. Section 7. PROTECTION OF FIBER OPTIC CABLE SYSTEMS (a) Fiber optic cable systems may be buried on the Licensor's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. Licensee shall telephone the Licensor at 1-800-336-9193 (a 24-hour number) to determine if fiber optic cable is buried anywhere on the Licensor's premises to be used by the Licensee. If it is, Licensee will telephone the telecommunications company(ies) involved, arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensees expense, and will commence no work on the right of way until all such protection or relocation has been accomplished. Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense; whatsoever (including, without limitation, attorneys' fees, court costs and expenses) arising out of or caused in any way by Licensee's failure to comply with the provisions of this paragraph. plx.exb Exhibit B PL X 980112 June 22, 2006 Form Approved, 235342 City of Diamond Bar (b) In addition to other indemnity provisions in this Agreement, the Licensee shall indemnify and hold the Licensor harmless from and against all costs, liability and expense whatsoever (including, without limitation, attorneys' fees, court costs and expenses) caused by the negligence of the Licensee, its contractor, agents and/or employees, resulting in (1) any damage to or destruction of any telecommunications system on Licensor's property, and/or (2) any injury to or death of any person employed by or on behalf of any telecommunications company, and/or its contractor, agents and/or employees, on Licensor's property, except if such costs, liability or expenses are caused solely by the direct active negligence of the Licensor. Licensee further agrees that it shall not have or seek recourse against Licensor for any claim or cause of action for alleged loss of profits or revenue or loss of service or other consequential damage to a telecommunication company using Licensor's property or a customer or user of'services of the fiber optic cable on Licensor's property. Section 8. CLAIMS AND LIENS FOR LABOR AND MATERIAL; TAXES. (a) The Licensee shall fully pay for all materials joined or affixed to and labor performed upon property of the Licensor in connection with the construction, maintenance, repair, renewal, modification or reconstruction of the Pipeline, and shall not permit or suffer any mechanic's or materialman's lien of any land or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of the Licensee. The Licensee shall indemnify and hold harmless the Licensor against and from any and all liens, claims, demands, costs and expenses of whatsoever nature in any way connected with or growing out of such work done, labor performed, or materials furnished. (b) The Licensee shall promptly pay or discharge all taxes, charges and assessments Ievied upon, in respect to, or on account of the Pipeline, to prevent the same from becoming a charge or lien upon property of the Licensor, and so that: the taxes, charges and assessments levied upon or in respect to such property shall not be increased because of the location, construction or maintenance of the Pipeline or any improvement, appliance or fixture connected therewith placed upon such property, or on account of the Licensee's interest therein. Where such tax, charge or assessment may not be separately made or assessed to the Licensee but shall be includedin the assessment of the property of the Licensor, then the Licensee shall pay to the Licensor an equitable proportion of such taxes determined by the value of the Licensee's property upon property of the Licensor as compared with the entire value of such property. Section 9. RESTORATION OF LICENSOR'S PROPERTY. In the event the Licensor authorizes the Licensee to take down any fence of the Licensor or in any manner move or disturb any of the other property of the Licensor in connection with the construction, maintenance, repair, renewal, modification, reconstruction, relocation or removal of the Pipeline, then in that event the Licensee shall, as soon as possible and at Licensee's sole expense, restore such fence and other property to the same condition as the same were in before such fence was taken down or such other property was moved or disturbed, and the Licensee shall indemnify and hold harmless the Licensor, its officers, agents and employees, against and from any and all liability, loss, damages, claims, demands, costs and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from injury to or death of persons whomsoever, or damage to or loss or destruction of property whatsoever, when such injury, death, damage, loss or destruction grows out of or arises from the taking down of any fence or the moving or disturbance of any other property of the Licensor. plx.exb Exhibit B PL X 980112 June 22, 2006 Form Approved, 2353-42 City of Diamond Bar Section 10. INDEMNITY. (a) As used in this Section, "Licensor" includes other railroad companies using the Licensor's property at or near the location of the Licensee's installation and their officers, agents, and employees; "Loss" includes loss, damage, claims, demands, actions, causes of action, penalties, costs, and expenses of whatsoever nature, including court costs and attorneys' fees, which may result from: (a) injury to or death of persons whomsoever (including the Licensor's officers, agents, and employees, the Licensee's officers, agents, and employees, as well as any other person); and/or (b) damage to or loss or destruction of property whatsoever (including Licensee's property, damage to the roadbed, tracks, equipment, or other property of the Licensor, or property in its care or custody). (b) As a major inducement and in consideration of the license and permission herein granted, the Licensee agrees to indemnify and hold harmless the Licensor from any Loss which is due to or arises from: The prosecution of any work contemplated by this Agreement including the installation, construction, maintenance, repair, renewal, modification, reconstruction, relocation, or removal of the Pipeline or any part thereof; or 2. The presence, operation, or use of the Pipeline or contents escaping therefrom, except to the extent that the Loss is caused by the sole and direct negligence of the Licensor. Section 11. REMOVAL OF PIPE LINE UPON TERMINATION OF AGREEMENT. Prior to the termination of this Agreement howsoever, the Licensee shall, at Licensee's sole expense, remove the Pipeline from those portions of the property not occupied by the roadbed and track or tracks of the Licensor and shall restore, to the satisfaction of the Licensor, such portions of such property to as good a condition as they were in at the time of the construction of the Pipeline. If the Licensee fails to do the foregoing, the Licensor may do such work of removal and restoration at the cost and expense of the Licensee. The Licensor may, at its option, upon such termination, at the entire cost and expense of the Licensee, remove the portions of the Pipeline located underneath its roadbed and track or tracks and restore such roadbed to as good a condition as it was in at the time of the construction of the Pipeline, or it may permit the Licensee to do such work of removal and restoration to the satisfaction of the Licensor. In the event of the removal by the Licensor of the property of the Licensee and of the restoration of the roadbed and property as herein provided, the Licensor shall in no manner be liable to the Licensee for any damage sustained by the Licensee for or on account thereof, and such removal and restoration shall in no manner prejudice or impair any right of action for damages, or otherwise, that the Licensor may have against the Licensee. In lieu of the foregoing, after receiving written approval from the Licensor, Licensee may abandon the pipeline in place in accordance with Licensor's preferred method of abandonment. Section 12. WAIVER OF BREACH. The waiver by the Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by the Licensee shall in no way impair the right of the Licensor to avail itself of any remedy for any subsequent breach thereof. plx.exb Exhibit B PL X 980112 lune 22, 2006 Form Approved, 2353-42 City of Diamond Bar Section 13. TERMINATION. (a) If the Licensee does not use the right herein granted or the Pipeline for one (1) year, or if the Licensee continues in default in the performance of any covenant or agreement herein contained for a period of thirty (30) days after written notice from the Licensor to the Licensee specifying such default, the Licensor may, at its option, forthwith immediately terminate this Agreement by written notice. (b) In addition to the provisions of subparagraph (a) above, this Agreement may be terminated by written notice given by either party hereto to the other on any date in such notice stated, not less, however, than 4 one hundred twenty (120) days subsequent to the date upon which such notice shall be given. In the event of termination by Licensor pursuant to this paragraph (b) Licensor shall, to the extent it is reasonably able to do so, provide Licensee with a substitute location for the Pipeline crossing that is reasonably proximate to the location shown in Exhibit A and equally suitable for Licensee's purposes. (c) Notice of default and notice of termination may be served personally upon the Licensee or by mailing to the last known address of the Licensee. Termination of this Agreement for any reason shall not affect any of the rights or obligations of the parties hereto which may have accrued, or liabilities, accrued or otherwise, which may have arisen prior thereto. Section 14. AGREEMENT NOT TO BE ASSIGNED. The Licensee shall not assign this Agreement, in whole or in part, or any rights herein granted, without the written consent of the Licensor, and it is agreed that any transfer or assignment or attempted transfer or assignment of this Agreement or any of the rights herein granted, whether voluntary, by operation of law, or otherwise, without such consent in writing, shall be absolutely void and, at the option of the Licensor, shall terminate this Agreement. Section 15. SUCCESSORS AND ASSIGNS. Subject to the provisions of Section. 14 hereof, this Agreement shall be binding upon and inure to the benefit of the parties hereto, their heirs, executors, administrators, successors and assigns. plx.exb Exhibit B PL X 980112 June 22, 2006 Form Approved, 2353-42 EXHIBIT B -i Union Pacific Railroad Contract Insurance Requirements Pipeline, Wireline, Drainage Agreement on Union Pacific Property City of Diamond Bar Licensee shall, at its sole cost and expense, procure and maintain during the life of this Agreement (except as otherwise provided in this Agreement) the following insurance coverage: A. Commercial General Liability insurance. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not less than $4,000,000. CGL insurance must be written on ISO occurrence form CG 00 01 12 04 (or a substitute form providing equivalent coverage). The policy must also contain the following endorsement, which must be stated on the certificate ofinsurance: • Contractual Liability Railroads ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Job Site. B. Business Automobile Coverage insurance. Business auto coverage written on ISO form CA 00 01 (or a substitute form providing equivalent liability coverage) with a combined single limit of not less $2,000,000 for each accident. The policy must contain the following endorsements, which must be stated on the certificate of insurance: • Coverage For Certain Operations In Connection With Railroads ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. • Motor Carrier Act Endorsement - Hazardous materials clean up (MCS -90) if required by law. C. Workers Compensation and Employers Liability insurance. Coverage must include but not be limited to: • Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement. • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Licensee is self-insured, evidence of state approval and excess workers compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. The policy must contain the following endorsement, which must be stated on the certificate of insurance: • Alternate Employer endorsement ISO form WC 00 03 01 A (or a substitute form providing equivalent coverage) showing Railroad in the schedule as the alternate employer (or a substitute form providing equivalent coverage). plx.exb Exhibit B PL X 980112 June 22, 2006 Form Approved, 235342 City of Diamond Bar D. Umbrella or Excess insurance. If Licensee utilizes umbrella or excess policies, these policies must "follow form" and afford no less coverage than the primary policy. Other Requirements E. All policy(ies) required above (except worker's compensation and employers liability) must include Railroad as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Railroad as additional insured shall, to the extent provided under ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Railroad's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions of this Agreement. F. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this agreement, or (b) all punitive damages are prohibited by all states in which this agreement will be performed. G. Licensee waives all rights against Railroad and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the workers compensation and employers liability or commercial umbrella or excess liability insurance obtained by Licensee required by this agreement. H. Prior to commencing the work, Licensee shall furnish Railroad with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements in this Agreement. I. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A- and Class VII or better, and authorized to do business in the state(s) in which the work is to be performed. J. The fact that insurance is obtained by Licensee or by Railroad on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without limitation, liability under the indemnity provisions of this Agreement. Damages recoverable by Railroad from Licensee or any third party will not be limited by the amount of the required insurance coverage. plx.e.xb Exhibit B Agenda # 6-16 Meeting Date: July 18. 20Q6 CITY COUNCILr" AGENDA REPORT_ ��t'nrtPus?T�� TO: Honorable Mayor and Members of tie City Council VIA: Linda C. Lowry, City Manag 11 TiTLE: Authorize City Manager to purchase one color copier from Contact Office Solutions in amount not to exceed $28,000. Recommendation: It is recommended that the City Council authorize the City Manager to purchase one color copier from Contact Office Solutions in an amount not -to -exceed $28,000. Budget/Financial Impact: This expenditure was approved during the FY 2006-07 budget process in the amount of $32,000. No additional appropriation is needed. After purchasing the new copier, the City will have a slight increase in the annual cost of copier maintenance. These additional maintenance costs are included in the FY 2006-07 budget. Background: The City has several copy machines including an old Toshiba E -Studio 35 - black and white copier located near the front counter that has reached the end of its useful life. The City has a need to produce color copies as well as black and white copies in ledger, legal and letter sizes at a rate of at least 55 pages per minute (ppm). Last fiscal year City staff reviewed several different machines from Xerox, Sharp, Panasonic and Ricoh. After this review and using a demonstration machine it was determined that the copier that best meet the City's current and future needs is manufactured by Ricoh. The recommended color copier solution is a Ricoh 5560 that reproduces at a rate of 60 ppm for black and white copies and 55 ppm for color. Discussion: After receiving 3 competitive bids and performing customer service reference checks, it was determined that Contact Office Solutions was the lowest responsible bidder at $25,362 plus tax for a total of $27,454. After further negotiations, the City will also be able to reduce its existing copier maintenance costs by 10% by purchasing through Contact Office Solutions due to the increased volume. PREPARED BY: Ken Desforges, Director Information Systems REVIEWED BY: David Doyle, Assis ant City Manager Agenda # 6.17 Meeting Date., 07/18/06 CITY COUNCIL \ �-��GE�N�D REPORT �_ fnrnRPUxn'CFO TO: Honorable Mayor and Members of the City Council VIA: Michael Jenkins, City Attorney TITLE: Interim City Manager Agreement RECOMMENDATION Approve agreement with David Doyle for Interim City Manager services from July 20, 2006 through July 30, 2006. FINANCIAL IMPACT Mr. Doyle has agreed to perform the services of Interim City Manager with an increase in salary of $800 for the period in question. BACKGROUND City Manager Linda Lowry has resigned effective July 20, 2006. The City has entered into an employment agreement with James DeStefano to succeed Ms. Lowry as City Manager commencing July 30, 2006. It is necessary for someone to serve as City Manager on an interim basis during the period between the effective date of Ms. Lowry's resignation and the commencement of Mr. DeStefano's employment. DISCUSSION David Doyle serves as Assistant City Manager and is qualified to serve as Interim City Manager. He has agreed to serve in this capacity until Mr. DeStefano commences his employment with the City. An agreement providing for this interim service is attached to this staff report. INTERIM CITY MANAGER AGREEMENT BETWEEN THE CITY OF DIAMOND BAR AND DAVID DOYLE THIS AGREEMENT is entered into this 18th day of July, 2006 by and between the CITY OF DIAMOND BAR, a general law city and municipal corporation ('CITY") and DAVID DOYLE, an individual ("EMPLOYEE"). RECITALS A. EMPLOYEE serves as CITY'S Assistant City Manager. B. CITY'S City Manager has resigned effective July 20, 2006, and the replacement City Manager does not assume his duties until July 31, 2006. C. CITY desires that EMPLOYEE serve in an interim capacity as City Manager during the period between the effective date of the City Manager's resignation and the commencement date of the new City Manager. D. EMPLOYEE is willing to serve as Interim City Manager during this ten- day period and is qualified to do so. E. The purpose of this Agreement is to set forth the terms and conditions of EMPLOYEE'S service as Interim City Manager. NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows: APPOINTMENT OF INTERIM CITY MANAGER. EMPLOYEE is appointed as CITY's Interim City Manager for the period from July 20 through July 30, 2006. Upon conclusion of this service, EMPLOYEE will resume his position as Assistant City Manager. SCOPE OF SERVICES. During the term hereof, EMPLOYEE will perform the services ordinarily required of the City Manager as set forth in CITY's Municipal Code and as otherwise directed by the City Council. TERM. The term of this Agreement will be for ten (10) days from the effective date through July 30, 2006 unless otherwise extended by written amendment by the parties. COMPENSATION. EMPLOYEE'S salary will be increased by the sum of $800 for providing the services contemplated by this Agreement. EMPLOYEE'S other compensation and benefits shall remain the same and be unaffected by this AGREEMENT. ENTIRE AGREEMENT. This Agreement sets forth the entire understanding of the parties. There are no other understandings, terms or other agreements expressed or implied, oral or written. This Agreement will bind and inure to the benefit of the parties to this Agreement and any subsequent successors and assigns. EFFECTIVE DATE. This Agreement is effective on July 20, 2006. IN WITNESS WHEREOF the parties hereto have executed this contract the day and year first hereinabove written. CITY OF DIAMOND BAR DAVID DOYLE Signed: MAYOR Signed: ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY COUNCIL TO: Honorable Mayor and Members of the City Council FROM: Linda C. Lowry, City Manager Agenda # (�) Meeting Date: 7/18/06 AGENDA REPORT TITLE: APPROVE AGREEMENT WITH POMONA UNIFIED SCHOOL DISTRICT TO CONSTRUCT IMPROVEMENTS AT LORBEER MIDDLE SCHOOL, TO OPERATE AND MAINTAIN THOSE IMPROVEMENTS AND TO SUPERVISE THE FACILITY DURING COMMUNITY USE. RECOMMENDATION: Approve. FINANCIAL IMPACT: The costs that will be borne by the City per this agreement are divided into three categories: 1) Renovation 2) Annual Maintenance 3) On-going maintenance and facility supervision, as presented below: Renovation Renovation of football field, track and slope along Golden Springs in summer of 2007: $750,000 ($750,000 is already appropriated in the 06107 FY Budget - Park Dev Fund) Annual Maintenance Refurbishing once per year of football field, track & Upper Field (Starts in summer of 2006): $45,000 Note -- $30,000 of the $45,000 cost will not be incurred in 2007 due to renovation work. ($45,000 will need to be appropriated from the Park Development Fund for 06/07 FY) On -wing maintenance and facility supervision On-going Maintenance of football field, track and restrooms for user groups: ($45,000 will need to be appropriated from the General Fund) Facility Supervision provided by PT City Staff during use by community groups: ($31,000 will need to be appropriated from the General Fund) Annual Electrical Costs for Lighting System (Ball Field Lights): ($8,500 is already appropriated in the 06/07 FY Budget - General Fund) $45,000 $31,000 8 500 Total Cost for 2006/07 FY: $879,500 Of the total cost, approximately $129,500 will be an annual recurring cost. However, in the 2007108 FY, the amount should be $30,000 less due to the renovation work planned for the summer of 2007, resulting in a cost of $99,500. BACKGROUND: The City Council reviewed the draft agreement at the June 30, 2006 City Council meeting. Since that meeting the City Attorney and legal counsel for the School District have reviewed the Agreement and worked together to re -write the technical legal language of Sections 9.2 and 11. The agreement is now ready for City Council action. If the agreement is approved by the City Council, the School Board will consider the agreement at their July 25 School Board meeting. The City of Diamond Bar constructed lights on the football field at Lorbeer Middle School to provide an additional lighted athletic field for the youth sports organizations in Diamond Bar. Since the lights became available for community use in ,January 2000, the added wear and tear on the field has resulted in its gradual deterioration. The field's maintenance needs due to the added use exceeds the capacity of the School District's maintenance program for a typical middle school. The choices for this field are to either restrict community use or for the City to renovate and maintain the field. With the limited amount of athletic fields in Diamond Bar, staff believes utilizing City resources to create a quality field for the youth of Diamond Bar is in the best interest of the community. Staff has negotiated with Pomona Unified School District officials to develop an agreement to improve and maintain the football field at Lorbeer, The City Council also asked staff to include improvement and maintenance of the slope along Golden Springs in the negotiations to beautify this area of the community. Staff believes that the best available program for improving and maintaining the Lorbeer facilities has been negotiated, one that meets the needs of the youth sports organizations in Diamond Bar and also addresses the concerns of PUSD officials related to extensive community use of the Lorbeer Middle School campus. DISCUSSION: The proposed agreement with Pomona Unified School District includes the following provisions: Ten year term that may be terminated by either party by giving six months notice. 2. Opportunity for unlimited number of five year extensions 3. Requires the City to aerate, reseed, fertilize, top dress and complete minor irrigation repairs on football field and complete minor improvements to the running track, by September 1, 2006. Estimated cost to complete this work is $30,000. 4. Requires the City to complete work on the upper field to ensure that it is at a level equal to or better than its condition prior to the start of work itemized in number 3. Work must be completed by September 21, 2006 and will cost an estimated $15,000. 5. Requires the City to complete major renovations to the football field and slope along Golden Springs including a new water meter to irrigate the football field and slope, irrigation improvements to the football field and slope, new sod for the football field and necessary improvements to the track. Estimated cost to complete this work is $750,000. Work must be completed within a 60 day work schedule between the end of school in June, 2007 and August 20, 2007. 6. After work itemized in number 5 is completed, City is required to complete work on the upper field to ensure that its condition is at a level equal to or better than its condition prior to the start of work itemized in number 5. Work must be completed by September 21, 2007 and will cost an estimated $15,000. 7. Requires the City to maintain the football field, slope and lighting systems, including irrigation, mowing, trimming, edging, cleaning, trash removal and changing bulbs and paying for electricity for the ball field lights. Annual cost for this work is estimated at $45,000 for maintenance and $8,500 for electrical costs. 8. Provides community use of School District owned restroom facilities. City is required to maintain these restroom facilities after community use each night. Annual cost is included in total listed in item 7. 9. City is responsible for any damage to Lorbeer campus due to or during community use of football field. 10. City shall schedule and monitor community use of outdoor facilities at Lorbeer. Monitoring costs are estimated at $31,000 per year. 11. City has the right to charge and collect fees from community users scheduled at Lorbeer outdoor facilities. Currently the City does not charge a fee to youth sports organizations utilizing these facilities. 12. Agreement entitles community groups to utilize outdoor athletic facilities at Lorbeer Middle School seven (7) day per week, 5pm — 10pm on school days and 7am — 10pm on non -school days. Staff estimates that the annual recurring cost to the City for this agreement is $129,500. However, in the 2007108 FY, the amount should be $30,000 less due to the renovation work planned for the summer of 2007, resulting in an annual cost of $99,500. According to Pomona Unified School District officials, if the City Council approves the agreement, the School Board will consider it at their July 25, 2006 meeting. Director of Community Services Lorbeer Middle School Use Agreement 07/18/2006 16.25 9993974881 SUPT P43E 02113 HIM 11111111118, 2006 LORBEER MIDDLE SCHOOL USE AGREEMENT CM OF DIAMOND BAR - POMONA UNIFIED SCHOOL DISTRICT This Agreement ('Agreement) is made and entered into this day of 2006, by the City of Diamond Sar ("City"j, and the Pomona Unified School District ('Diistrict"). Recitals A. Chapter 10 of Part 7 of Division 1 of Title 1(§§ 10900 et seq.) of the Education Code of the State of California authorizes and empowers school districts and cities to organize, promote and conduct programs of community recreation, to establish systems of playgrounds and recreation, and to acquire, improve, maintain, and operate centers within or without the territorial limits of the City. B. The City and the District entered into that certain Agreement for Use of Facilities, dated October 4, 1994 ("Use Agreement'), that provided, inter Alia, for the cooperative development, use, and maintenance of certain school and recreation areas, facilities, and buildings described in the Agreement. C. The City and the District also -entered into that certain Addendum to Agreement for Use of Facilities, dated June 17, 1997 CAddendum'j, acknowledging, as a public benefit to the community, the capital improvement lighting project (" LOrbeer Lighting Project") at the Lorbeer Middle School ("Lorheer"j football field ("Football Field"), depicted on Exhibit "A". funded in its entirety by the City, and according to the terms of the existing Use Agreement. D. The City advised the District that the Lorbeer Lighting Project construction was completed and accepted by the City on January 4, 2000 based on the Notice of Completion for the Lorbeer Lighting Project. Now, Therefore, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. Lorbeer Only. The parties acknowledge that this Agreement affects only the use of Lorbeer and, except as specifically provided in this Agreement as it relates solely to Lorbeer, makes no amendment to or modification of and has no� impact on the terms and conditions of the Use Agreement and the Addendum. 2. Term. The term of this Agreement ("Term") shall be ten (10) years, commencing with the execution date of this Agreement. Notwithstanding anything to the contrary contained herein, either party may terminate this Agreement, with or without cause, after giving 180 days written notice thereof to the other party. This Agreement may be extended by mutual consent for successive five-year terms thereafter, upon the same terms and conditions herein contained, as evidenced by a written amendment to this Agreement signed by both parties. Nothing in Larbeer/Diamond Bar Use (7/18/06) 0711812666 16:25 9093974881 SUPT PAGE 03113 ©RAFT tu[V 18, 2006 this section is intended to alter the amortization terms stated in Section 10 of this Agreement 3. Renovation of Fields. 3.1. On or before September 1, 2006, City shall aerate, reseed, fertilize, top dress and complete minor irrigation repairs on the Football Field and complete minor improvements to the running track as agreed upon by both agencies, at City's sole cost and expense. 3.2. Upon the completion of the work listed in Section 3.1 of this Agreement, to compensate for the additional use of the upper field CUpper Field'), depicted on Exhibit"B by community users of the City (collectively, "Community Users) during said work on the Football Field and track, on or before September 21, 2006, City shall return the Upper Field to a level equal to or better than the condition the Upper Feld was in on the day prior to the closure of the Football Field for said work. 3.3. On or before August 20, 2007, City shall complete at City's sole cost and expense, the renovation of the Football Field pursuant to the specifications attached as Ex ibit "C" C'Initial Renovation'). 3.4. Upon the completion of the Initial Renovation, to compensate for the additional use of the Upper Field by Community Users of the City during the renovation of the Football Feld, on or before September 21, 2007, City shall return the Upper Field to a level equal to or better than the condition the Upper Field was in on the day prior to the closure of the Football Field for the Initial Renovation, 4. Qn Goina Maintenance and Renair. 4.1. Notwithstanding anything to the contrary contained herein, during the Term, the City shall maintain the Football Field at a level typical of a City's park that the City acknowledges shall be at a level equal to or greater than a typical unlighted middle school football/soccer field maintained by District personnel ("Minimum Maintenance Level"j. 4.2. Maintenance of Football Field provided by City shall include, without implied limitation, irrigation, mowing, trimming, edging, cleaning, and maintenance of the lighting system of the Lorbeer Lighting Project ("Lighting System' }. 4.3. City shall, at the City's sole cwt and expense, remedy any and all damage to the Lighting System due to community use. 4.4. City is responsible for the removal of all trash left on Lorbeer by Community Users. With respect to a scheduled use, the City acknowledges that all trash must be removed by 7:30 a.m. of the day following said use. Wrbeer/01amond Der Use (7118106) -2- 07/18/2006 16:25 9093974881 SUPT PAGE d4I1� QBW lull 18, 2006 4.5. City and Community Users shall have use of restroom Facilities, as identified on Exhibit A (collectively, "Restroom Facllities'j. The Restroom Facilities shall be maintained by the City and serviced after the community's use no later than 11.00 p.m. each night, seven days per week, and at a level typical of a City's park restroom facility that the City acknowledges that shall be at a level equal to or greater than a typical athletic field restroom maintained by District personnel. 4.6. City shall repair, cause to be repaired or reimburse District, no later than 30 days after an invoice from the District, for the cost of repairing damage to any portion of Lorbeer that occurs as a result of use by the City or Community Users, or resulting from any act or omission of the City, excepting any reasonable wear and tear by District's use of Lorbeer. 4.7. District shall report to the City, and City and Supervisor, as defined herein, shall report to District, as soon as practical, any damage to District property by a Community User, whether during scheduled use or not. Damage resulting from community use that creates a health and safety issue must be resolved by City immediately. Repair work for all other damage resulting from community use must be completed by City within 48 hours of its reporting, or as soon as possible if the 48-hour time period is not feasible. S. Annual Maintenance. To compensate for extensive use of the Football Field by Community Users, once a year during the Term, the City shall renovate the Football Field to a typical football/soccer field maintained by District personnel, but no less than the Minimum Maintenance Level, including, without implied limitation, aeration, over seeding, fertilizing, and top dressing the Football Field ("Annual Maintenancel. 5.1. The Football Field shall be secured with a 6' high construction fence and the Football Field shall remain dosed from the day after the last day of school in June until the third Monday in August for the Annual Maintenance. 5.2. Once a year during the Term, upon the completion of the Annual Maintenance and no later than September 21, the City shall aerate, over seed, fertilize, and top dress the Upper Field in recognition of the additional use the Upper Field will receive during the closure of the Football Field as provided in this Section 5. 6, Lighting System. City shall pay for all electrical and maintenance costs related to the Lighting System. Utility expenses, including, without implied limitation, the cost of electricity for the Lighting System, shalt be paid by the City to the District on a quarterly basis. 7. Priori y of Use.. The parties acknowledge that the priorities of use of (i) the Football Field, and (ii) the Upper Field during the time the Football Feld is closed during Annual Maintenance (individually a "Permitted Fleld,"and collectively "Permitted Fields' j, shall be governed by the previously agreed provisions of the Addendum. LorbeerMamond Bar Use (7!8106) -3- 07/18/2086 16:25 9693974881 SUPT PAGE 05/13 DRA 1 1111111118, 2008 8. Scheduling the Use_ The City shall be responsible for scheduling the use of the Football Field when Lorbeer Middle School is not in session CUse Agreement Period"). The City acknowledges that on days that Lorbeer Middle School is In session, the Use Agreement Period does not commence, and no events shall be scheduled, until after 5:00 p.m. for City or community use. The City acknowledges that the District shall have the right to terminate the City's responsibility for scheduling and assume the responsibility*for scheduling the use of the Permitted Feld during .the Use Agreement Period with 90 days written notice to the City. 8.1. City shall schedule the Permitted Field during the Use Agreement Period by the District, City and Community Users for the following two periods; (i) January 1 through July 31, and (ii) August 1 through December 31. 8.2. Notwithstanding anything to the contrary, District retains the right to use at all times of the day and every day of the week all or a portion of Lorbeer, including, without implied limitation, the Permitted Field, without the requirement of notice to the City or Community Users, however, the District will use reasonable efforts to provide at least seven (7) days notice for a use that has not been previously scheduled. 8.3. A schedule of users shall be presented to District by City no less than 14 days prior to all scheduled uses. 8.4. City shall have the right to use the Lighting System seven (7) days per week; provided City complies with all applicable governmental rules and regulations related to the use of the Lighting System, including, without implied limitation, environmental and light pollution regulations. City acknowledges this level of use may result in deterioration of the field conditions of the Football Field and the need for the City to complete field renovation work in addition to maintenance responsibilities as described in this Agreement. 8.5. The City acknowledges that the Fighting System shall not be used or otherwise operated after 10.00 p.m. 8.6. No vehicles shall drive or park on grass or asphalt areas that are not designated by District for driving or parking. 8.7. City shall provide daily supervision of scheduled community use ofthe Permitted Field. City's supervision of the Permitted Field shall be provided on a periodic basis during the day of use, but in no case shall this supervision be considered security or policing of the entire school campus of Lorbeer. The duties of the City's supervisor ("Supervisor') shall include, without implied limitation, (i) check and report to Sheriffs Department of vehicles that are improperly or illegally parked an asphalt play courts or turf fields of Lorbeer, (ii) check permits issued by City to Community Users to verify compliance with the conditions of approval for the permit, (iii) check that the Restrooms Facilities are available to Community Users to verify proper stocking of paper produces and maintain sanitary conditions throughout the day, (iv) reporting any damage to District and to the City, and (v) verify trash is picked up by Lorbeer/Diamond Bar Use (7/16/06) -4- 07/18/2006 16:25 9093974881 SUPT PAGE 06/13 DRAFT luiy 18, 2006 Community Users and that trash cans are emptied into proper dumpster and trash cans have liners in place. 8.8. The District's students, employees and property shall be respected at all times. Any violators of this provision shall subject the violator to the immediate toss of use of the Permitted Field and access to Lorbeer. 8.9. Users of the Permitted Field shall at no time interfere with District's students and employees, District's use of Lorbeer, District's contractors or other District authorized operations at Lorbeer, Any violators of this provision shall subject the violator to the immediate loss of use of the Permitted Feld and access to Lorbeer. 8.10. All publicly released references to the Permitted Fields and Lorbeer shall acknowledge District's ownership of the Permitted Fields and Lorbeer. 8.11. Neither the City nor a Community User is allowed to use Permitted Field when District or City determines that the Permitted Field is unusable due to inclement weather. The typical closure guideline is one day of closure for each day of rain. Any violators of this provision shall be subject to the immediate loss of use of the Permitted Field and access to Lorbeer. 8.12. City may charge and collect fees for community use of the Permitted Field. 9. Casualty 9.1. If any portion of the Lorbeer Lighting Project is substantially damaged or destroyed by fire, war, earthquake, flood, storm, or other casualty beyond the control of the parties hereto to such an extent that the damaged portion of the Lorbeer Lighting Project cannot be restored to its previous condition within 120 days after the happening of the casualty, then City shall have the option of restoring the damaged portion of the Lorbeer Lighting Project to the condition as of the date of the casualty. In the event the City does not elect to perform such restoration, this Agreement shall terminate and the District shall have the option of sending the City written notice to and City acknowledges that as soon as feasible to do so, but in no event later than 45 days after receipt of said notice, that City shall remove the Lorbeer Lighting Project, including, without implied limitation, all fixtures, equipment and personal property related to the Lorbeer Lighting Project, from Lorbeer and return Lorbeer to substantially the same condition as prior to installation of the Lorbeer Lighting Project, normal wear and tear excepted ("Original Condition). If the Lorbeer Lighting Project is damaged or destroyed by any of the causes enumerated above and in the event they can be restored within 120 days after the happening of the casualty, then City shall restore as soon as feasible to do so and the Agreement shall continue in full force and effect. 9.2. If any portion of Lorbeer is substantially damaged or destroyed by fire, war, earthquake, flood, storm, or other casualty beyond the control of the parties hereto to such an extent that (i) the improvements damaged cannot be restored to their previous condition Lorbeer/Diamond Bar use (7/16/06) .5- 07/18/2006 16:25 9093974881 SUPT PAGE 07!13 DRAFT luiv 18, 2006 within 120 days after the happening of the casualty, and/or (ii) the District determines as a result of the damage to Lorbeer that is in the best interests of the District's students or staff or the public, then either party shall have the option of terminating this Agreement as of the date of the casualty. 10. Termination. Should either party during the Term determine that it is necessary and in the best interests of the public purposes which it is authorized and empowered to carry out, to terminate, in the manner prescribed by this Agreement, the community recreational uses of the Football Field, upon such termination all improvements installed or constructed on said facility shall be left in place. Either party may terminate this Agreement, with or without cause, after giving 180 days written notice thereof to the other party. Upon the giving of said notice, and the expiration of 180 days, this Agreement shall be of no further force or effect. Upon termination or expiration of this Agreement, District shall have the option of requiring the City to remove any and all equipment and materials placed by the City upon Lorbeer, and to return Lorbeer to its Original Condition. If the District terminates the Agreement without cause prior to January 4, 2010, District shall compensate City in an amount equal to the cost the City incurred in constructing the Ughting System ($214,000), divided by 10 ($21,400), then multiplied by the number of years remaining until January 3, 2010 (individually a "Remaining Year) the 10 -year anniversary of the Notice of Completion, dated January 4, 2-000, for the Lorbeer Lighting Project. In such events, and if the District does not exercise its option to require the City to remove the equipment, title to such equipment shall be passed to District on the date of termination and upon payment of compensation due as provided above. If District terminates this Agreement between January 4 and July 3, then the partial year shall be considered as a full Remaining Year. If District terminates this Agreement between July 4 and January 3, then the partial year shall not be considered as a Remaining Year. 11. Indemnification. 11.1. City indemnifies and agrees to protect, defend, save and hold harmless District, its governing body, the individual members thereof, and all officers, agents, employees and representatives free and harmless from any and all liability, loss, damage, cost, or expense arising out of any liability or claim of liability for personal injury, bodily injury to persons, contractual liability, and damage to property sustained or claimed to have been sustained of every nature arising out of or in connection with the use of Lorbeer whether such is authorized by this Agreement or not, by City, or those of any of its officers, employees, contractors or agents, and/or City's authorized Community Users; and City shall pay for any and all damage to the property of District, or loss or theft of such property, done or caused by such persons. District assumes no responsibility whatsoever for -any property placed on Lorbeer. City further waives and agrees to waive all rights of subrogation against District. Excluded from this indemnity shall be such loss or damage caused by the sole negligence or willful misconduct of District. 11.2. Except as provided in Section 11.1, Districtshall indemnify, defend and hold harmless the City, and its officers, agents, servants, and employees, from any and all claims, demands, Lorbwloiamond ear use (71is/o5) -6- 07/18/2006 16:25 9093974881 SUPT PAGE 08/13 i RAFT 111][1x 18, 2806 actions, causes of action, damages or liability for injury to or death of persons, or for damage to facility, resulting from or arising out of any act or omissions of District or its officers, agents servants or employees in the exercise of any right or privilege granted to District pursuant to this Agreement. Excluded from this indemnity shall be such loss or damage caused by the sole negligence or willful misconduct of City and its Community Users. 11.3. City shall require all scheduled and authorized Community Users to provide and maintain in full farce and effect a policy of liability insurance with minimum limits of $1,000,000 combined single limit to protect against the risks associated with their activities at Lorbeer. Evidence of insurance shall be provided to City and shall be subject to approval of the City Attorney, and upon written request by the District, also shall be subject to the written approval of the District's risk manager. 11.4. City shall not authorize use of Lorbeer by any Community User until the Community User has submitted to City an executed release in the following form: "Agreement of Liability, Assumption of Risk and Release. (a) Community User seeks to use Lorbeer for a n athletic activity that poses inherent risks of personal injury to participants. Community User acknowledges and agrees that both the Pomona Unified School District ("Diisb ict) and the City of Diamond Bar ("City' are making Lorbeer available to Community User with the express understanding that Community User bears all risks associated with use of Lorbeer. Community User understands that District will not supervise or in any respect be involved with Community User's activitles on Lorbeer, and has no responsibility therefore. Further, Community User agrees and acknowledges that it accepts and uses Lorbeer in its existing condition, and assumes all risks associated with use of the field in that condition, Finally, Community User bears full responsibility for the conduct and safety of all of those participating in its activity on Lorbeer. (b) Community User indemnifies and shall defend, and hold harmless District and City, and their respective elected and appointed board members, superintendent, officers, officials, employees, volunteers, attorneys and agents from and against any and all liability, loss, damage, expense, costs (including without limitation attorneys fees and costs of litigation) of every nature arising out of or in connection with the its use of Lorbeer as authorized by City. (c) Community User releases, waives and discharges any claims whatsoever it may have against District and City, and their respective elected and appointed board members, superintendent, officers, officials, employees, volunteers, attorneys and agents, whether known or unknown, arising from its use of Lorbeer. It is understood that this release is a bar to the commencement of an action of any kind against district and City arising from use of Lorbeer. Lorbeer/Olamond Bar Use (7118/06) -7- 07/18/2006 16:25 9093974881 SUPT PAGE 09/13 ORA" ]101118, 2006 (d) By its initials below, Community User acknowledges and agrees that it has read, understood and agreed to this Agreement of Liability, Assumption of Disk and Release, all of which shall be binding on it and on its assigns, guests and invitees." 11.5. City shall make the evidence of insurance and release required of Community Users in 11.3 and 11.4 above available to District upon request. Any failure to provide by the Community User the required copies of(i) proof of insurance required by Sections 11.3, and (ii) the separate agreement that contains the Section 11.4, shall subject the Community Users to the immediate loss of use of the Permitted Field and access to Lorbeer. 12. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CITY: City of Diamond Bar Director of Community Services 21825 Copley Drive Diamond Bar, CA 91765-4178 DISTRICT: Pomona Unified School District Attn: Assistant Superintendent, Business Services - Fiscal 800 South Garey Avenue Pomona, CA 91766 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first cuss postage prepared and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 13. Compliancewith Laws, City shall keep fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting its use of Lorbeer, including all Cal/OSHA requirements, and shall give all notices required by law. City shall be liable for all violations of such laws and regulations in connection with its use of Lorbeer. If City performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to District, City shall be solely responsible for all costs arising therefrom. City shall defend, indemnify and hold District, its elected and appointed board members, superintendent, employees, volunteers, attorneys and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any fai€ure or alleged failure to comply with such laws, rules or regulations. 14. Conflict of Laws. This Agreement shall be governed by the laws of the State of California. This Agreement will not be governed by the Uniform Commercial Code. To the extent that there is to be delivery or performance of services under this Agreement, such services wit] not be deemed "goods" within the definition of the Uniform Commercial Code. Lorbeer/Diamond bar Use (7/18/06) -8- 07118/2006 16:25 9093974881 SUPT PRUE 1o/1d BRAF ' 111#ly 18, 2006 15. Integration. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. Neither of the parties has relied upon any oral or written representation or oral or written information given to the party by any representative of the other party. 16. Severability. If one or more of the provisions of this Agreement are hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, thea the parties hereto agree that the invalidity or unenforceability of any of the provisions shall not in any way affect the validity or enforceability of any other provisions of this Agreement. 17. Modification. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless set fiorth in writing and signed by both parties; 18. Construction of Agreement. This Agreement will be liberally construed to effectuate the intention of the parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either party (including the party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the parties have participated equally or have had equal opportunity to participate in the drafting hereof. 19. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise, 20. Hea� d_ _ _inas. The headings of sections of this Agreement have been inserted for convenience of reference only and shall not affect the interpretation of any of the provisions of this Agreement, 21. Attomeys' Fees. In the event of any action or proceeding (including, without implied limitation, any bankruptcy proceeding) to enforce or construe any of the provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to attorneys' fees and costs. 22. Further Assurances. Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent and agreements of the parties hereto. 23, Assignment. City shall not assign this Agreement or any interests therein without the Lorbeer/Diamond Bar use (7/18105) -9- 07/19/2006 16:25 9093974881 SUPT PAGE 11/13 DRAFT JigIV IO, 2006 prior written approval of the District. Any such attempt to assign or sublet this Agreement without District approval shall be invalid. 24. Authoritv. City has: all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective parry. 25. Ca nter a , This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 26. Education Code Section 17604. In accordance with Education Code Section 17604, this Agreement is not valid or an enforceable obligation against the District until approved or ratified by motion of the Governing Board duly passed and adopted. 27. APPROVED SIGNATURE. IN ADDITION, THIS AGREEMENT IS NOT VALID OR AN ENFORCEABLE OBLIGATION AGAINST THE DISTRICT UNTIL SIGNED BY THE SUPERINTENDENT OR HIS APPROVED DESIGNEE, In. Witness Whereof, the parties have executed this Agreement as of the date first above written. Lorbeer/Diamend Bar Use (7118106) -10- 07/18/2a06 16:25 9093974881 CITY OF DIAMOND BAR: Mayor Date: city Manager Date: Approved as to form: City Attorney Date: L0rbeWD1aMwd Bar Use (7118105) -11- SUPT PAGE 12/13 GRAFT lull 18, 2006 POMONA UNIFIED SCHOOL DISTRICT Pamela J. Lopez, Assistant Superintendent, Business Services - Fiscal Approved by Board: Approved as to form: Exhibit "A" �0 Football Field A i i �NC'S cw Q4 DALE: 1" - 120W i. Exhibit"S" .1 i i Upper Field I C,OL� SM�5 DR i SALE: 1" - 1201-W Ij DRAFT MY 18, 2006 Exhibit C Working cooperatively with District staff, City shall procure a contract landscape architect to develop plans and specifications to improve Football Field, track and slope along Golden Springs. 2: Improvements shall include a separate water meter to irrigate Football Field and slope, Irrigation improvements to Football Field will be made to ensure proper irrigation. 4. New sod will be placed on Football Field. Improvements to track will be made so it is safe for public and school use. 6. City shall maintain improvements during Term. Lorbeer/Diamond Bar Use (7/18/06) LORBEER MIDDLE SCHOOL USE AGREEMENT CITY OF DIAMOND BAR - POMONA UNIFIED SCHOOL DISTRICT This Agreement ("Agreement) is made and entered into this day of 2006, by the City of Diamond Bar (" City'o, and the Pomona Unified School District ("District'o. Recitals A. Chapter 10 of Part 7 of Division 1 of Title 1 (§§10900 et seq.) of the Education Code of the State of California authorizes and empowers school districts and cities to organize, promote and conduct programs of community recreation, to establish systems of playgrounds and recreation, and to acquire, improve, maintain, and operate centers within or without the territorial limits of the City. B. The City and the District entered into that certain Agreement for Use of Facilities, dated October 4, 1994 ("Use Agreement), that provided, inter alia, for the cooperative development, use, and maintenance of certain school and recreation areas, facilities, and buildings described in the Agreement. C. The City and the District also entered into that certain Addendum to Agreement for Use of Facilities, dated June 17, 1997 C'Addendum's, acknowledging, as a public benefit to the community, the capital improvement lighting project ('Lorbeer Lighting Project") at the Lorbeer Middle School ("Lorbeer"} football field ("Football Field" }, depicted on Exhibit "A", funded in its entirety by the City, and according to the terms of the existing Use Agreement. D. The City advised the District that the Lorbeer Lighting Project construction was completed and accepted by the City on January 4, 2000 based on the Notice of Completion for the Lorbeer Lighting Project. Now, Therefore, in consideration of the mutual covenants and conditions contained herein, the parties hereto agree as follows: 1. Lorbeer Only. The parties acknowledge that this Agreement affects only the use of Lorbeer and, except as specifically provided in this Agreement as it relates solely to Lorbeer, makes no amendment to or modification of and has no impact on the terms and conditions of the Use Agreement and the Addendum. 2. Term. The term of this Agreement ("Term' } shall be ten (10) years, commencing with the execution date of this Agreement. Notwithstanding anything to the contrary contained herein, either party may terminate this Agreement, with or without cause, after giving 180 days written notice thereof to the other party. This Agreement may be extended by mutual consent for successive five-year terms thereafter, upon the same terms and conditions herein contained, as evidenced by a written amendment to this Agreement signed by both parties. Lorbeer/Diamond Bar Use (7/18/06) Nothing in this section is intended to alter the amortization terms stated in Section 10 of this Agreement. 3. Renovation of Fields. 3.1. On or before September 1, 2006, City shall aerate, reseed, fertilize, top dress and complete minor irrigation repairs on the Football Field and complete minor improvements to the running track as agreed upon by both agencies, at City's sole cost and expense. 3.2. Upon the completion of the work listed in Section 3.1 of this Agreement, to compensate for the additional use of the upper field ("Upper Field', depicted on Exhibit "B", by community users of the City (collectively, "Community Users) during said work on the Football Field and track, on or before September 21, 2006, City shall return the Upper Field to a level equal to or better than the condition the Upper Field was in on the day prior to the closure of the Football Feld for said work. 3.3. On or before August 20, 2007, City shall complete at City's sole cost and expense, the renovation of the Football Field pursuant to the specifications attached as Exhibit "C" ("Initial Renovation'). 3.4. Upon the completion of the Initial Renovation, to compensate for the additional use of the Upper Field by Community Users of the City during the renovation of the Football Field, on or before September 21, 2007, City shall return the Upper Field to a level equal to or better than the condition the Upper Field was in on the day prior to the closure of the Football Field for the Initial Renovation. 4. On Going Maintenance and Repair. 4.1. Notwithstanding anything to the contrary contained herein, during the Term, the City shall maintain the Football Field at a level typical of a City's park that the City acknowledges shall be at a level equal to or greater than a typical unlighted middle school football/soccer field maintained by District personnel ("Minimum Maintenance Level'. 4.2. Maintenance of Football Field provided by City shall include, without implied limitation, irrigation, mowing, trimming, edging, cleaning, and maintenance of the lighting system of the Lorbeer Lighting Project ("Lighting System'J. 4.3. City shall, at the City's sole cost and expense, remedy any and all damage to the Lighting System due to community use. 4.4. City is responsible for the removal of all trash left on Lorbeer by Community Users. With respect to a scheduled use, the City acknowledges that all trash must be removed by 7:30 a.m. of the day following said use. 4.5. City and Community Users shall have use of restroom facilities, as identified on Exhibit A (collectively, "Restroom Facilities'. The Restroom Facilities shall be maintained Lorbeer/Diamond Bar use (7/18/06) -2- by the City and serviced after the community's use no later than 11:00 p.m. each night, seven days per week, and at a level typical of a City's park restroom facility that the City acknowledges that shall be at a level equal to or greater than atypical athletic field restroom maintained by District personnel. 4.6. City shall repair, cause to be repaired or reimburse District, no later than 30 days after an invoice from the District, for the cost of repairing damage to any portion of Lorbeer that occurs as a result of use by the City or Community Users, or resulting from any act or omission of the City, excepting any reasonable wear and tear by District's use of Lorbeer. 4.7. District shall report to the City, and City and Supervisor, as defined herein, shall report to District, as soon as practical, any damage to District property by a Community User, whether during scheduled use or not. Damage resulting from community use that creates a health and safety issue must be resolved by City immediately. Repair work for all other damage resulting from community use must be completed by City within 48 hours of its reporting, or as soon as possible if the 48-hour time period is not feasible. 5. Annual Maintenance. To compensate for extensive use of the Football Field by Community Users, once a year during the Term, the City shall renovate the Football Field to a typical football/soccer field maintained by District personnel, but no less than the Minimum Maintenance Level, including, without implied limitation, aeration, over seeding, fertilizing, and top dressing the Football Field ("Annual Maintenance'. 5.1. The Football Field shall be secured with a 6' high construction fence and the Football Field shall remain closed from the day after the last day of school in June until the third Monday in August for the Annual Maintenance. 5.2. Once a year during the Term, upon the completion of the Annual Maintenance and no later than September 21, the City shall aerate, over seed, fertilize, and top dress the Upper Field in recognition of the additional use the Upper Field will receive during the closure of the Football Field as provided in this Section 5. 6. Lighting System. City shall pay for all electrical and maintenance costs related to the Lighting System. Utility expenses, including, without implied limitation, the cost of electricity for the Lighting System, shall be paid by the City to the District on a quarterly basis. 7. Priority of Use. The parties acknowledge that the priorities of use of (i) the Football Field, and (ii) the Upper Field during the time the Football Field is closed during Annual Maintenance (individually a "Permitted Field," and collectively "Permitted Fields', shall be governed by the previously agreed provisions of the Addendum. 8. Scheduling the Use. The City shall be responsible for scheduling the use of the Football Field when Lorbeer Middle School is not in session ("Use Agreement Period'). The City acknowledges that on days that Lorbeer Middle School is in session, the Use Agreement Period does not commence, and no events shall be scheduled, until after 5:00 p.m. for City or community use. The City acknowledges that the District shall have the right to terminate Lorbeer/Diamond Bar Use (7/18/06) -3- the City's responsibility for scheduling and assume the responsibility for scheduling the use of the Permitted Field during the Use Agreement Period with 90 days written notice to the City. 8.1. City shall schedule the Permitted Field during the Use Agreement Period by the District, City and Community Users for the following two periods: (i) January 1 through July 31, and (ii) August 1 through December 31. 8.2. Notwithstanding anything to the contrary, District retains the right to use at all times of the day and every day of the week all or a portion of Lorbeer, including, without implied limitation, the Permitted Field, without the requirement of notice to the City or Community Users, however, the District will use reasonable efforts to provide at least seven (7) days notice for a use that has not been previously scheduled. 8.3. A schedule of users shall be presented to District by City no less than 14 days prior to all scheduled uses. 8.4. City shall have the right to use the Lighting System seven (7) days per week; provided City complies with all applicable governmental rules and regulations related to the use of the Lighting System, including, without implied limitation, environmental and light pollution regulations. City acknowledges this level of use may result in deterioration of the field conditions of the Football Field and the need for the City to complete field renovation work in addition to maintenance responsibilities as described in this Agreement. 8.5. The City acknowledges that the Lighting System shall not be used or otherwise operated after 10:04 p.m. 8.6. No vehicles shall drive or park on grass or asphalt areas that are not designated by District for driving or parking. 8.7. City shall provide daily supervision of scheduled community use of the Permitted Field. City's supervision of the Permitted Field shall be provided on a periodic basis during the day of use, but in no case shall this supervision be considered security or policing of the entire school campus of Lorbeer. The duties of the City's supervisor (" Supervisor's shall include, without implied limitation, (i) check and report to Sheriffs Department of vehicles that are improperly or illegally parked on asphalt play courts or turf fields of Lorbeer, (ii) check permits issued by City to Community Users to verify compliance with the conditions of approval for the permit, (iii) check that the Restrooms Facilities are available to Community Users to verify proper stocking of paper products and maintain sanitary conditions throughout the day, (iv) reporting any damage to District and to the City, and (v) verify trash is picked up by Community Users and that trash cans are emptied into proper dumpster and trash cans have liners in place. 8.8. The District's students, employees and property shall be respected at all times. Any violators of this provision shall subject the violator to the immediate loss of use of the Permitted Field and access to Lorbeer. Lorbeer/Diamond Bar Use (7/18/06) -4- 8.9. Users of the Permitted Field shall at no time interfere with District's students and employees, District's use of Lorbeer, District's contractors or other District authorized operations at Lorbeer. Any violators of this provision shall subject the violator to the immediate loss of use of the Permitted Field and access to Lorbeer. 8.10. All publicly released references to the Permitted Fields and Lorbeer shall acknowledge District's ownership of the Permitted Fields and Lorbeer. 8.11. Neither the City nor a Community User is allowed to use Permitted Field when District or City determines that the Permitted Field is unusable due to inclement weather. The typical closure guideline is one day of closure for each day of rain. Any violators of this provision shall be subject to the immediate loss of use of the Permitted Field and access to Lorbeer. 8.12. City may charge and collect fees for community use of the Permitted Field. 9. Casualty 9.1. If any portion of the Lorbeer Lighting Project is substantially damaged or destroyed by fire, war, earthquake, flood, storm, or other casualty beyond the control of the parties hereto to such an extent that the damaged portion of the Lorbeer Lighting Project cannot be restored to its previous condition within 120 days after the happening of the casualty, then City shall have the option of restoring the damaged portion of the Lorbeer Lighting Project to the condition as of the date of the casualty. In the event the City does not elect to perform such restoration, this Agreement shall terminate and the District shall have the option of sending the City written notice to and City acknowledges that as soon as feasible to do so, but in no event later than 45 days after receipt of said notice, that City shall remove the Lorbeer Lighting Project, including, without implied limitation, all fixtures, equipment and personal property related to the Lorbeer Lighting Project, from Lorbeer and return Lorbeer to substantially the same condition as prior to installation of the Lorbeer Lighting Project, normal wear and tear excepted ("Original Condiition'�. If the Lorbeer Lighting Project is damaged or destroyed by any of the causes enumerated above and in the event they can be restored within 120 days after the happening of the casualty, then City shall restore as soon as feasible to do so and the Agreement shall continue in full force and effect. 9.2. If any portion of Lorbeer is substantially damaged or destroyed by fire, war, earthquake, flood, storm, or other casualty beyond the control of the parties hereto to such an extent that (i) the improvements damaged cannot be restored to their previous condition within 120 days after the happening of the casualty, and/or (ii) the District determines as a result of the damage to Lorbeer that is in the best interests of the District's students or staff or the public, then either party shall have the option of terminating this Agreement as of the date of the casualty. 10. Termination. Should either party during the Term determine that it is necessary and in the best interests of the public purposes which it is authorized and empowered to carry out, Lorbeer/Diamond Bar Use (7/18/06) -5- to terminate, in the manner prescribed by this Agreement, the community recreational uses of the Football Field, upon such termination all improvements installed or constructed on said facility shall be left in place. Either party may terminate this Agreement, with or without cause, after giving 180 days written notice thereof to the other party. Upon the giving of said notice, and the expiration of 180 days, this Agreement shall be of no further force or effect. Upon termination or expiration of this Agreement, District shall have the option of requiring the City to remove any and all equipment and materials placed by the City upon Lorbeer, and to return Lorbeer to its Original Condition. If the District terminates the Agreement without cause prior to January 4, 2010, District shall compensate City in an amount equal to the cost the City incurred in constructing the Lighting System ($214,000), divided by 10 ($21,400), then multiplied by the number of years remaining until January 3, 2010 (individually a "Remaining Year'D the 10 -year anniversary of the Notice of Completion, dated January 4, 2000, for the Lorbeer Lighting Project. In such events, and if the District does not exercise its option to require the City to remove the equipment, title to such equipment shall be passed to District on the date of termination and upon payment of compensation due as provided above. If District terminates this Agreement between January 4 and July 3, then the partial year shall be considered as a full Remaining Year. If District terminates this Agreement between July 4 and January 3, then the partial year shall not be considered as a Remaining Year. 11. Indemnification. 11.1. City indemnifies and agrees to protect, defend, save and hold harmless District, its governing body, the individual members thereof, and all officers, agents, employees and representatives free and harmless from any and all liability, loss, damage, cost, or expense arising out of any liability or claim of liability for personal injury, bodily injury to persons, contractual liability, and damage to property sustained or claimed to have been sustained of every nature arising out of or in connection with the use of Lorbeer whether such is authorized by this Agreement or not, by City, or those of any of its officers, employees, contractors or agents, and/or City's authorized Community Users; and City shall pay for any and all damage to the property of District, or loss or theft of such property, done or caused by such persons. District assumes no responsibility whatsoever for any property placed on Lorbeer. City further waives and agrees to waive all rights of subrogation against District. Excluded from this indemnity shall be such loss or damage caused by the sole negligence or willful misconduct of District. 11.2. Except as provided in Section 11.1, District shall indemnify, defend and hold harmless the City, and its officers, agents, servants, and employees, from any and all claims, demands, actions, causes of action, damages or liability for injury to or death of persons, or for damage to facility, resulting from or arising out of any act or omissions of District or its officers, agents servants or employees in the exercise of any right or privilege granted to District pursuant to this Agreement. Excluded from this indemnity shall be such loss or damage caused by the sole negligence or willful misconduct of City and its Community Users. 11.3. City shall require all scheduled and authorized Community Users to provide and maintain in full force and effect a policy of liability insurance with minimum limits of Lorbeer/Diamond Bar Use (7/18/06) -6- $1,000,000 combined single limit to protect against the risks associated with their activities at Lorbeer. Evidence of insurance shall be provided to City and shall be subject to approval of the City Attorney, and upon written request by the District, also shall be subject to the written approval of the District's risk manager. 11.4. City shall not authorize use of Lorbeer by any Community User until the Community User has submitted to City an executed release in the following form: "Agreement of Liability, Assumption of Risk and Release. (a) Community User seeks to use Lorbeer for an athletic activity that poses inherent risks of personal injury to participants. Community User acknowledges and agrees that both the Pomona Unified School District ("District) and the City of Diamond Bar ("City") are making Lorbeer available to Community User with the express understanding that Community User bears all risks associated with use of Lorbeer. Community User understands that District will not supervise or in any respect be involved with Community User's activities on Lorbeer, and has no responsibility therefore. Further, Community User agrees and acknowledges that it accepts and uses Lorbeer in its existing condition, and assumes all risks associated with use of the field in that condition. Finally, Community User bears full responsibility for the conduct and safety of all of those participating in its activity on Lorbeer. (b) Community User indemnifies and shall defend, and hold harmless District and City, and their respective elected and appointed board members, superintendent, officers, officials, employees, volunteers, attorneys and agents from and against any and all liability, loss, damage, expense, costs (including without limitation attorneys fees and costs of litigation) of every nature arising out of or in connection with the its use of Lorbeer as authorized by City. (c) Community User releases, waives and discharges any claims whatsoever it may have against District and City, and their respective elected and appointed board members, superintendent, officers, officials, employees, volunteers, attorneys and agents, whether known or unknown, arising from its use of Lorbeer, it is understood that this release is a bar to the commencement of an action of any kind against District and City arising from use of Lorbeer. (d) By its initials below, Community User acknowledges and agrees that it has read, understood and agreed to this Agreement of Liability, Assumption of Risk and Release, all of which shall be binding on it and on its assigns, guests and invitees." 11.5. City shall make the evidence of insurance and release required of Community Users in 11.3 and 11.4 above available to District upon request. Any failure to provide by the Community User the required copies of(i) proof of insurance required by Sections 11.3, and (ii) the separate agreement that contains the Section 11.4, shall subject the Community Users to the immediate loss of use of the Permitted Field and access to Lorbeer. Lorbeer/Diamond Bar Use {7/18/06} -7- 12. Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the respective parties may provide in writing for this purpose: CITY: City of Diamond Bar Director of Community Services 21825 Copley Drive Diamond Bar, CA 91755-4178 DISTRICT: Pomona Unified School District Attn: Assistant Superintendent, Business Services - Fiscal 800 South Garey Avenue Pomona, CA 91766 Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepared and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 13. Comoliance with Laws. City shall keep fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting its use of Lorbeer, including all Cal/OSHA requirements, and shall give all notices required by law. City shall be liable for all violations of such laws and regulations in connection with its use of Lorbeer. If City performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to District, City shall be solely responsible for all costs arising therefrom. City shall defend, indemnify and hold District, its elected and appointed board members, superintendent, employees, volunteers, attorneys and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations. 14. Conflict of Laws. This Agreement shall be governed by the laws of the State of California. This Agreement will not be governed by the Uniform Commercial Code. To the extent that there is to be delivery or performance of services under this Agreement, such services will not be deemed "goods" within the definition of the Uniform Commercial Code. 15. Integration. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. Neither of the parties has relied upon any oral or written representation or oral or written information given to the party by any representative of the other party. 16. Severability, If one or more of the provisions of this Agreement are hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, then the parties hereto agree that the invalidity or unenforceability of any of the provisions shall not in any way affect the validity or Lorbeer/Diamond Bar Use (7/18/06) -8- enforceability of any other provisions of this Agreement. 17. Modification. No change or modification of the terms or provisions of this Agreement shall be deemed valid unless set forth in writing and signed by both parties. 18. Construction of Agreement. This Agreement will be liberally construed to effectuate the intention of the parties with respect to the transaction described herein. In determining the meaning of, or resolving any ambiguity with respect to, any word, phrase or provision of this Agreement, neither this Agreement nor any uncertainty or ambiguity herein will be construed or resolved against either party (including the party primarily responsible for drafting and preparation of this Agreement), under any rule of construction or otherwise, it being expressly understood and agreed that the parties have participated equally or have had equal opportunity to participate in the drafting hereof. 19. Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise. 20. Headings. The headings of sections of this Agreement have been inserted for convenience of reference only and shall not affect the interpretation of any of the provisions of this Agreement. 21. Attorneys' Fees. in the event of any action or proceeding (including, without implied limitation, any bankruptcy proceeding) to enforce or construe any of the provisions of this Agreement, the prevailing party in any such action or proceeding shall be entitled to attorneys' fees and costs. 22. Further Assurances. Each of the parties hereto shall execute and deliver any and all additional papers, documents and other assurances, and shall do any and all acts and things reasonably necessary in connection with the performance of their obligations hereunder and to carry out the intent and agreements of the parties hereto. 23. Assignment. City shall not assign this Agreement or any interests therein without the prior written approval of the District. Any such attempt to assign or sublet this Agreement without District approval shall be invalid. 24. Authority. City has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective party. 25. Counteroarts. This Agreement may be executed in any number of counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. Lorbeer/Diamond Bar Use (7/18/06) -9- 26. Education Code Section 17604. In accordance with Education Code Section 17604, this Agreement is not valid or an enforceable obligation against the District until approved or ratified by motion of the Governing Board duly passed and adopted. 27. APPROVED SIGNATURE. IN ADDITION, THIS AGREEMENT IS NOT VALID OR AN ENFORCEABLE OBLIGATION AGAINST THE DISTRICT UNTIL SIGNED BY THE SUPERINTENDENT OR HIS APPROVED DESIGNEE. In Witness Whereof, the parties have executed this Agreement as of the date first above written, CITY OF DIAMOND BAR: POMONA UNIFIED SCHOOL DISTRICT Mayor Date: City Manager Date: Approved as to form: City Attorney Date: Pamela J. Lopez, Assistant Superintendent, Business Services - Fiscal Approved by Board: Approved as to form: Lorbeer/Diamond Bar Use (7/18/06) -10- Exhibit C 1. Working cooperatively with District staff, City shall procure a contract landscape architect to develop plans and specifications to improve Football Field, track and slope along Golden Springs. 2. Improvements shall include a separate water meter to irrigate Football Field and slope. 3. Irrigation improvements to Football Field will be made to ensure proper irrigation. 4. New sod will be placed on Football Field. 5. Improvements to track will be made so it is safe for public and school use. 6. City shall maintain improvements during Term. Lorbeer/Diamond Bar Use (7/18106) CITY COUNCIL T0: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda #—l9 (- ) Meeting Date: 07-18-06 AGENDA REPORT TITLE: APPROVAL OF AMENDMENT #6 TO REVISE THE VENDOR SERVICES CONTRACT WITH VALLEYCREST LANDSCAPE MAINTENANCE TO ADD LORBEER MIDDLE SCHOOL TO THE CONTRACT FOR THE TERM OF JULY 1, 2006 THROUGH JUNE 30, 2007 IN THE ANNUAL AMOUNT OF $45,000, PLUS $45,000 TO REFURBISH THE FOOTBALL FIELD, TRACK AND UPPER FIELD, FOR A TOTAL AMENDMENT AMOUNT OF $90,000, THEREBY INCREASING THE TOTAL CONTRACT AUTHORIZATION FOR THE 2006107 FISCAL YEAR TO AN AMOUNT NOT TO EXCEED $334,762.88. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funding for this contract amendment was appropriated into the 2006107 FY budget by the City Council at the June 30, 2006 City Council meeting. BACKGROUND: If the City Council and the Pomona Unified School District approve the Lorbeer Middle School Use Agreement, the City will need a contractor to perform the maintenance work specified in the agreement. Cost for the annual maintenance is $45,000. The City will also be required to refurbish the football field, track and upper field, also at a cost of $45,000. The current contract amount with ValleyCrest Landscape Maintenance for the 2006107 FY totals $244,762.88. The addition of $90,000 from this contract amendment increases the authorization for the 2006107 FY to an amount not to exceed $334,762.88. DISCUSSION: The work required by the Lorbeer Middle School Use Agreement that will be performed by ValleyCrest Landscape Nlaintenance includes: 1. Refurbishing once per year of football field and track (If PUSD approves the agreement on July 25, 2006, work will start by July 27 and be completed by September 1, 2006) Contractor will aerate, reseed, fertilize, top dress and complete; minor irrigation repairs on football field and complete minor improvements to the running track, by rSeptember 1, 2006. Estimated cost to complete this work is $30,000. 2. Refurbishing once per year of the upper field to ensure that it is at a level equal to or better than its condition prior to the start of work itemized in number 1. Work must be completed by September 21, 2006. In areas necessary, Contractor will aerate, reseed, fertilize and top dress upper field. Estimated cost to complete this work is $15,000. I On-going Maintenance of football field, track, slope and restrooms for user groups. Contractor will maintain the football field, track, slope and restrooms utilized by user groups, including irrigation, mowing, trimming, edging, cleaning and trash removal. Annual cost for this work is estimated at $45,000. Contract amendment is contingent upon approval of The Lorbeer Middle School Use Agreement by the City Council and the Pomona Unified School District. Attachments: Amendment #6 to Landscape Maintenance Contract with ValleyCrest to add Lorbeer Middle School to the contract for the period of July 1, 2006 through June 30, 2007. AGREEMENT with ValleyCrest Landscape Maintenance dated April 8, 2003. Community Services Director AMENDMENT 46 TO CONTRACT AGREEMENT THIS CONTRACT AMENDMENT is made this 18th day of July, 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, 2006 through June 30, 2007 in the lump sum amount of $194,762.88, plus $50,000 for as -needed work, for a total authorization of $244,762.88. C. Parties desire to amend the agreement to add Lorbeer Middle School to the contract for the term of July 1, 2006 through June 30, 2007 in the annual amount of $45,000, plus $45,000 to refurbish the football field, track and upper field, for a total amendment amount of $90,000, thereby increasing the total contract authorization for the 2006/07 fiscal year to a lump sum amount of $334,762.88. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — General Scope of Work of the AGREEMENT provided in Section 1 is revised to add Lorbeer Middle School as a location where landscape maintenance services are to be performed. Section 2 — Contract price of AGREEMENT provided in Section 1 I is amended to a not to exceed amount of $284,762.88, plus $50,000 for as -needed work, for a total authorization of $334,762.88 for the 06/07 FY. Except as provided above, the AGREEMENT is in ail other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #6 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Carol Herrera Title. Mayor APPROVED TO FORM City Attorney VALLEYCREST LANDSCAPE MAINTENANCE Contractor Signed Title City Clerk Exhibit A VALLEYCREST LANDSCAPE MAINTENANCE Park Maintenance Locations (7/1106-6/30/07) 1. Pantera Park 738 Pantera Drive 2. Peterson Park — 24142 E. Sylvan Glen Drive 3. Diamond Bar Center 1600 S. Grand Ave. 4. Summitridge Park — 1425 Summitridge Drive 5. Lorbeer Middle School — 501 S. Diamond Bar Blvd. 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, ValfeyCrest Landsca e 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 Proposafs (R.F.P.), proposals were received, on December 20 2002; and WHEREAS, City did accept: the proposal of CONTRACTOR ValleyCrest Landscape Maintenance inc.; and WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Landscape Maintenance Services at Pantera and Peterson Parks in the City of Diamond Bar. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the Landscape Maintenance Services at Pantera and Peterson Parks in the City of Diamond Bar. The work to be performed in accordance with the City -Wide Landscape Maintenance Specifications dated June 4, 1998. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY- The City -Wide Landscape Maintenance Specifications are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The specifications, CONTRACTOR'S Pro osal dated December 20 2002, together with this written agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written agreement :shall control. 3. TERMS OF CONTRACT The CONTRACTOR agrees to commence contract work on April 1, 2003 and to complete contract work requirements as stated in the specification. Agreement and unit prices shall remain in force, unless terminated sooner, until June 30_ 2004. Agreement may be extended per Section 14. City of Diamond Bar Agreement 4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every CONTRACTOR shall secure the payment of compensation to his employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the CONTRACTOR or any sub -contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each accident. 2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000 aggregate. 3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000 each accident. 4) CONTRACTOR'S Protective - Property Damage $250,000 each accident; $500,000 aggregate. 5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident. 6) Automobile - Property Damage $250,000 each accident. City of Diamond Bar 2 Agreement C. Each such policy o1- insurance provided for in paragraph b. shall.- 1) hall: 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 claire 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 a Agreement performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite 100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. City also shall cause a copy of such determinations to be posted at the job site. The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general pre- vailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any subcontractor under him. 6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. The CONTRACTOR is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on the public works site are making such contributions. The CONTRACTOR and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. 7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. City of Diamond Bar 4 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 attorneys' fees incurred in connection therewith. b. The CONTRACTOR will promptly pay any judgment rendered against the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees. City of Diamond Bar Agreement So much of the money clue 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 ThreeHundred Ninet - Five Dollars 174 395 . 12.ATTORNEY'S FEES: In the event that any action or proceeding is brought party shall recover its reasonable attorney's fees and costs incurred with respect by either party to enforce any term of provision of the this agreement, the prevailing 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 6 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 annualiv 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 7 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. Z�� � }�_ By: ICCL -�' StjD�u� TITLE CITY OF DIAMOND BAR, CALIFORNIA By: Dae i!i MAYOR ATTEST: 113 Date By: CITY CLERK CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time Date City of Diamond Bar 0 0 0 0- I I r. UR Agreement CITY COUNCIL Agenda # 7. 1 Meeting Date: July 1$ 2006 AGENDA REPORT TO: Honorable Mayor and Mem;;Z; y Council VIA: Linda C. Lowry, City ManagTITLE: RESOLUTION NO. 2006 -XX AUTHORIZING THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT TO ENFORCE THE CALIFORNIA VEHICLE CODE IN THE DIAMOND BAR TENNIS CLUB CONDOMINIUM COMMUNITY AS AUTHORIZED BY THE CALIFORNIA VEHICLE CODE SECTION 21107.7 RECOMMENDATION: The Diamond Bar Tennis Club Condominium Association Board of Directors and City staff recommend the City Council approve the attached Resolution authorizing the Los Angeles County Sheriff's Department to enforce the California Vehicle Code (C.V.C.) on the private roads in the Diamond Bar Tennis Club Condominium Association. FINANCIAL SUMMARY: There is no financial implication associated with this request as the periodic enforcement will not require additional resources. BACKGROUND: C.V.C. Section 21107.7 authorizes the City to pass a resolution allowing local police/sheriff's departments to enforce the Vehicle Code on private roads in proximity to or connected to public highways. The owners of the roads or a majority of the board of directors of the common interest development must petition the City Council and the City Council must hold a public hearing, the notice for which must have been provided to all of the owners ten days prior to the hearing. The City has received the request from the board of directors of the Diamond Bar Tennis Club Homeowners Association. Notices of this hearing have been mailed to all property owners in the Diamond Bar Tennis Club community as required. Should the Resolution be approved, staff will work with the Homeowners Association to insure that the proper signs are posted in their community. The costs for these signs will be paid by the Association and not the City. As this item will be revenue neutral and will enhance public safety it is the recommendation of the staff that. this Resolution be approved. PREPARED BY: Chris Blasnek Sergeant, Los Angeles County Sheriffs Department REVIEWED BY: r (11-TIQ - David Doyle, Asst. ity Manager Attachments: 1. Letter from the Diamond Bar Tennis Club Condominium Association Board of Directors requesting traffic: enforcement. 2. Resolution 2006 -XX authorizing traffic enforcement on private streets. RESOLUTION NO. 2006 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA AUTHORIZING THE SHERIFF'S DEPARTMENT TO ENFORCE THE CALIFORNIA VEHICLE CODE (C.V.C.) ON THE PRIVATE STREETS WITHIN THE DIAMOND BAR TENNIS CLUB CONDOMINIUM ,ASSOCIATION AS AUTHORIZED BY C.V.C. SECTION 2:1107.7 WHEREAS, the Diamond Bar Tennis Club Condominium Association Board of Directors, after a unanimous vote of the Board, submitted a request to the City asking that the Los Angeles County Sheriff's Department enforce the California Vehicle Code (C.V.C.) on private streets within their community; and WHEREAS, the California Vehicle Code allows the City Council to authorize, by resolution, the enforcement of the C.V.C. on privately owned and maintained streets if the interests of the people residing along the roads will be best served by the enforcement of traffic laws; and WHEREAS, the C.V.C. specifies a process to allow the enforcement of the C.V.C. which includes the City Council holding a public hearing to consider the issue and a minimum 10 day notice to all property owners within the private development of the public hearing; and WHEREAS notice has been provided to the property owners within the Diamond Bar Tennis Club Condominium Association at least 10 days prior to the public hearing held on July 20, 2006. NOW THEREFORE BE IT RESOLVED, that the City Council of the City of Diamond Bar, California makes the following findings: 1. The conditions of California Vehicle Code Section 21107.7 have been met. 2. The interests of the residents living along the private streets are best served by providing traffic enforcement on the private streets to ensure the safety of motorist and pedestrians within the private development. 3. After the installation of the signage required in C.V.C. Section 21107.7, the Los Angeles County Sheriffs Department is authorized to enforce the C.V.C. on the private streets within the Diamond Bar Tennis Club Condominium Association. 4. The enforcement of the C.V.0 shall be periodic, at the discretion of the Sheriff's Department, so as not to impede enforcement of traffic regulations elsewhere in the City nor require the City provide additional resources to accommodate enforcement within the private community. PASSED, APPROVED AND ADOPTED this 20th day of July 2006. Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was Passed, Approved and Adopted at a Regular Meeting of the City Council of the City of Diamond Bar held on the 20th day of July 2008 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, City Clerk City of Diamond Bar RE: Request for traffic enforcement Dear Diamond Bar City Council, On behalf of Cab Coola-u k;�v we would like to request that the Diamond Bar City Council authorize the Los Angeles County Sheriff's Department personnel to enforce the California Vehicle Codes within our gated community. Currently there is no enforcement of traffic violations on our privately maintained streets. ebbti To ensure the safety of our residents we, the '�� xhy�5respectfully request that the City Council take this matter into consideration. Sincerely, (Authorized Representative) Agenda No. 8.1 JENKINS & HOGIN, LLP A LAW PARTNERSHIP CH in j rm Ns CHRrSTI. MANHATTANTowERs MARK D. HENSLEY HENS 1230 RosEcRANs AVENUE, SUrrE 110 BRADLEY E. WOHLENBERo MANHATTAN BEACH, CAur-ORNIA 90266 KARL BERrER (310) 643.8448 • FAX(310) 643-844.1 VICH GRECJOHN C. CoTn JOHN C. CoTTI WWW.LOCAL.GOVLAW.COM LINDA A. BURROWS LAUREN B. FELmAN WRMWS EMAIL ADDRESS: MJENIQN 5@LWALGGVLAW. COM July 13, 2006 Members of the City Council City of Diamond Bar 21825 Copley Drive Diamond Bar, CA 91765 Re: PlanningCommission Appointment Dear Members of the Council: At your regular meeting of June 20, 2006, the question was raised whether Mayor Herrera was barred from appointing Osman Wei to the Planning Commission by virtue of the fact that he currently serves as President of the Country Estates Homeowners Association ("HOA"), The President of the HOA is involved in management of a private community and the enforcement of its CC&Rs, including application of the private community's architectural rules to new construction. PIanning commissioners, on the other hand, are charged with implementation of certain aspects of the City's zoning ordinance, which has citywide application. The business of the. HOA has no impact outside its boundaries. Planning Commission decisions will, from time to time, apply to the Country Estates or to specific properties within its boundaries. In my opinion, Mr. Wei's service as President of the HOA does not preclude him from appointment to or service on the Planning Commission. First, the position as President of the HOA is not an incompatible office within the meaning of Government Code Section 1126, because it is uncompensated. Nor are the two positions incompatible within the common law doctrine of incompatible offices, since the HOA position is not a E.1Dia—nd Bnlppinion 10W -40i opinion.doc JENIU vs & HOGiN, LLP Members of the City Council July 13, 2006 . Page 2 governmental office whose duties overlap or are inconsistent with those of the Planning Commission. Second, the State's principal conflict of interest laws, codified in the Political Reform Act of 1974, Government Code Section 81000 et seq., (the "Act") do not preclude an individual from holding multiple positions of this kind. However, the Act would require that Mr. Wei recuse himself from participation in any matter before the Commission that might materially affect HOA common area property or his own real property, or any other financial interest identified in the Act. This determination would have to be made on a case-by-case basis. Finally, the doctrine of common law conflict of interest might require Mr. Wei's recusal from matters that come before the Commission as to which he has already taken a position as President of the HOA. Again, these would have to be determined on a case- by-case basis, and could be avoided by his recusal from HOA Board decisions on matters that are anticipated to come before the Commission. The common law conflict doctrine does not, however, preclude his appointment to the Commission, I will be present at your July 18, 2006 regular meeting when this matter again comes up on your agenda should you have any additional questions. Ve truAjy_noldn's___�__ ichael City Attorney Agenda # g , 2 Meeting Date: Jul 118,200 CITY COUNCIL I _77w AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Consideration of Options for Protecting the Historic Windmill RECOMMENDATION: Staff recommends that the City Council review the three options. Staff is of the opinion that the third option, which is to persuade the property owner to donate the windmill, is the best solution for protecting it. If the Council agrees with staff recommendation then direct staff to further study the feasibility of this option and the cost associated with it. FISCAL IMPACT: The preservation of the windmill will have a fiscal impact to the General fund. The cost for relocation, installation of the windmill at the ultimate location, and its maintenance is unknown at this time. BACKGROUND: The Windmill is a symbol of Diamond Bar's past and a well-known landmark within the city. It has a prominent location at the entrance to the shopping center located on the northeast corner of the intersection of Diamond Bar Boulevard and Grand Avenue. The property is privately owned and the current property owner has maintained the landscaping and Kept the windmill in good condition. However, there is no guarantee that future property owners will continue to maintain and preserve the windmill. The preservation of historic buildings and structures are important public benefits, therefore, the Federal government has developed incentives to assist in restoration, preservation and maintenance of those properties. The purpose of this report is to analyze the various options for the potential preservation and maintenance of the windmill. The options include preservation easements, conservation easements, and charitable donations of real estate to a non-profit entity. DISCUSSION: A. Conservation Easement Conservation easement is defined as legally binding agreement between a property owner and a charitable organization or government entity that restricts the development and use of the land for the purpose of conservation. Through a conservation easement, a landowner donates some or all of the development rights of the property owner to a qualified organization or government entity while the property continues to utilize the land. Generally, the purpose of a conservation easement is to achieve conservation goals such as protecting open space, wildlife habitat and agricultural land. In return for donating certain rights to the property's use and development, the property owner may receive federal income tax deductions for charitable contributions. Normally the role of the charitable or governmental entity receiving the easement is to ensure compliance with the terms of the easement and to enforce the agreement if the terms are violated. The easement holder incurs expenses in administration of the agreement and conducting site visits. A property owner that donates a conservation easement may be eligible for federal income tax deductions if the easement is donated for one or more of the following conservation purposes, as established in Code Section 170(h) of the Internal Revenue Code: • The preservation of land areas for outdoor recreation by, or the education of, the general public; • The protection of a relatively natural habitat of fish, wildlife, or plants or similar ecosystem, • The preservation of an historically important land area or certified historic structure (See section below on historic preservation easements for further explanation.), • The preservation of open space (including farmland and forest land) where such preservation is either: -- For the scenic enjoyment of the general public and will yield a significant public benefit or -- Pursuant to a clearly delineated federal, state, or local government conservation policy and will yield a significant public benefit. A legal professional who specializes in charitable donations and tax deductions would need to determine if a conservation easement for the windmill meets the criteria for income tax deductions for charitable donations. Recently, the IRS has increased scrutiny of deductions for conservation easements because of past abuse. It is important to know beforehand that the deduction can be allowed, because the easement agreement cannot be broken once in place. Another issue that may effect whether the property owner may receive an income tax deduction is whether the easement has any real value. Generally speaking, the value of a conservation easement is the difference between the property without the easement and fair market value of the property with the easement restrictions. The value is determined by an appraiser as the value of the land on the open market. Consequently, the value of a small property with little potential for development may not have much potential tax savings for the property owner. The City will receive significant public benefits from entering into a conservation easement agreement for the windmill property. In addition, the property owner will also have the satisfaction of ensuring that the windmill will not be demolished and that it will be preserved as a significant historic resource. However, if a conservation easement cannot meet the IRS criteria for charitable donations, the property owner may be less inclined to enter into a conservation easement agreement. 13. Historic Preservation Easement A historic preservation easement is a hybrid of conservation easement with the primary purpose of protecting an historic resource. A preservation easement is a voluntary legal agreement between an historic preservation non-profit or governmental entity and a property owner to protect a significant historic property by restricting future changes to and/or development on the site. in exchange for conveyinci a portion of the property owner's rights to a "qualified" organization, the property owner may receive federal income tax deductions equal to the value of the rights given away. The restrictions on the property owner's right to use the property can range from protecting jusl the facade to prohibition of any construction on the site. The amount of restriction is dependent on the reason for the easement and can be tailored to protect a historic structure from deterioration, demolition, and non -historic alterations. The restrictions are binding on the property owner in most cases in perpetuity and run with the deed to the land. In addition, the property owner must agree to maintain and preserve the property in accordance with historic preservation standards. The private non-profit or government agency accepting the easement is given the legal authority to enforce! the restrictions written in the easement agreement. A qualified organization for the purposes of a preservation easement is as follows: 1. Government organization that has an interest in protecting historic resources; 2. Charitable organization such as a local historic preservation group, or an organization such as the LA Conservancy which covers the Los Angeles Region or even the National Trust for Historic Preservation. The organization incurs costs relating to maintaining the easement, which includes administration and inspections. However, organizations such as the LA Conservancy and the National Trust for Historic Preservation charge a 5% fee to the property owner to cover those costs. Other costs that are incurred include application fees, appraisal fees, filing fees to record the easement with the LA County Recorder and documentation of the resource. To qualify for tax reductions for the owner, a property must be a "qualified" historic resource. Per the Federal government, a "qualified" historic resource must be one of the following: 1. Listed on the National Register of Historic Places; or 2. Located in a registered historic: district that has been certified by the National Park Service as significant to the district. Presently, the windmill does not meet either of the requirements to make it eligible as a qualified historic resource. As a standalone historic resource, it would not qualify under the second criteria. However, if the resource can not meet the criteria as a qualifying resource, the property owner may be less inclined to enter into an easement agreement because the easement would not meet the criteria for a reduction in federal income taxes. C. Charitable Donations of Real Estate A third option for ensuring protection of the windmill is for the property owner to donate the structure or the structure and the land to the city or a charitable organization. The benefits to the property owner are that the maintenance and upkeep of the property will be someone else's responsibility. Again, tax savings for income and estate taxes may also be available to the property owner for the donation. The tax deduction is equal to the highest real estate value of the property. There are various options for the way a gift of real estate is structured that have different tax implications for the property owner. The benefits of an outright charitable donation are that the windmill will become the City's property and will receive protection as an important historic resource. Costs associated with a donation include administration of the donation, and maintenance, upkeep, and possible relocation of the windmill would be higher than the easement agreements. On the other hand, the property owner will be relieved of the costs of maintaining the property and may also receive tax benefits for the donation. If the city determines that a charitable donation is the best option, a legal expert in the field should be consulted by both the property owner and City as a first step. D. Conclusion Each of the three options has potential for preserving the windmill and protecting it from demolition or inappropriate changes. Each of the options explored in this report have benefits and potential problems. It is not certain whether a conservation easement or a historic preservation easement to protect the windmill will meet the requirements established by the federal government for charitable easement donations and consequently, would not qualify for a tax deduction. For this reason, a legal expert in the field, and in the case of a historic preservation easement a historic resources expert, should be consulted before going forward with an easement agreement. With respect to an outright donation, the City assumes total responsibility for the relocation and selection of an appropriate site, protection, upkeep and maintenance of the windmill. Prepared By Sandra Campbell Contract Senior Planner Reviewed By David Doyle Assistant City Manager Reviewed By Nancy Fong, AICP Community Developemtn Director Agenda # 8.3 Meeting Date: July 18, 2006 CITY COUNCIL - AGENDA REPORT TO: Honorable Mayor and Members o e City Council VIA: Linda C. Lowry, City Manag TITLE: First reading of Ordinance No. XX -2006 — An Ordinance of the City of Diamond Bar Revising the City's Purchasing System and Amending the Diamond Bar Municipal Code. RECOMMENDATION: It is recommended that the City Council introduce Ordinance No. XX -2006 revising the City's Purchasing System and amending the Diamond Bar Municipal Code and waive further reading. FINANCIAL IMPACT: None BACKGROUND: The City originally adopted its purchasing policy shortly after incorporation in 1989. In 1995 the original policy was repealed and replaced with a few changes. Through the following years there have been several revisions, the most recent of which was in 2003. Since then, it has been an administrative goal to create a clearer and more efficient purchasing policy. The policy as presented is the result of a true team effort including input from many staff members and executive management. DISCUSSION: The current Purchasing Policy has been in place since 1995 and has had a few revisions since then. This policy includes language which clearly doesn't fit the City's organization including references to a centralized purchasing department and purchasing agent. The new purchasing policy has been reorganized to follow a more logical order and includes revisions which make the policy more closely fit the City's organization. The recommended Purchasing Ordinance revises Title 3, Chapter 3.24 of the Diamond Bar Municipal Code in its entirety. As a result of the reorganization of the policy there are too many changes to provide a meaningful red -line version between the two policies. Therefore copies of both policies are being provided for comparison. The following is a listing of the significant changes to the policy: Page 3 Purchasing System Ordinance Report To improve efficiency, the section related to purchases without bidding has been changed. The changes include increasing the dollar threshold for requiring bids from $1,000 to $2,500; an improved listing of traditional sole source purchases; and a new concept of an "Approved Vendors List". This "Approved Vendors List" will be created each year and presented to the City Council for approval in January. The list will be comprised of vendors who have consistently provided excellent service to the City. It will also be based on quality and price of goods or services meaning that they have traditionally been the lowest bidder, can deliver the goods or services on time, or they have consistently met or exceeded product /service expectations. • The Use of Recycled Materials (Section 3.24.170 - both) has been rewritten. • The Surplus Personal Property (Section 3.24.200 —former, Section 3.190 — new) has been rewritten and simplified. It give; the City Manager the ability to decide the best method of disposal based on his/her judgment of maximum return to the City. In addition a provision has been added to allow for the recycling, destroying or disposing as trash of items with minimal value. This policy is a result of the input from the City's executive management team, line staff and the City Attorney. The approval of this policy will increase the efficiency of City staff enabling them to focus on more critical matters without compromising the City's procurement practices. PREPARED BY: Linda G. Magnuson REVIEWED BY: Department Head Assistant City Manager Attachments: Ordinance Diamond Bar Municipal Code - Chapter 3.24 Purchasing System Page 2 Purchasing System Ordinance Report Section 3.24.030 — This paragraph has been changed from describing a "Centralized Purchasing Division" to the description of a "Decentralized Purchasing" function. The former Purchasing policy indicated that all purchasing would be made through a "purchasing division within the Finance Department of the City." This has never been the case. The new policy is reflective of the way the City conducts business. It states "The purchase of supplies, services, and equipment is the responsibility of the individual departments requiring said supplies, services, and equipment." It also states that it is the responsibility of the Department Director to ensure compliance with the purchasing policy. • The discussion of a Purchasing Agent and all references to a Purchasing Agent have been removed from the recommended policy. This was contained in Section 3.24.040 of the former policy. • The former policy contained Section 3.24.050 titled Exemption from Centralized Purchasing. This has been removed. The contractual authority of the City Manager has not been changed from where any contract over $25,000 must be approved by the City Council (Section 3.24.190 — former, Section 3.24.040 — new). In addition to the City Manager's approval authority, this section has been changed to define approval levels for the Department Directors and Assistant City Manager. The Department Directors may approve purchases up to $4999.99 and the Assistant City Manager may approve purchased up to $9,999.99. There is still a limit of $5,000 for any purchase, if there is not available unencumbered budget. • Sections on Requisitions and Purchase Orders have been combined into one section, Section 3.24.080. In order to streamline: processes, the requirement for a purchase order has been increased from $500 to $2,500. The process for initiating a requisition and the eventual conversion of the requisition to a purchase order is outlined including the approval requirements. The bid procedures have been clarified and the informal bid requirement has been changed from $1,000 to $2,500. (Section 3.24.110 — 130 — former, Section 3.24.050 — new). The former policy included a section 3.24.1807 on the formal bid process that detailed of the bid process for awarding public works contracts which are awarded in accordance with the California Public Contract Code. Therefore it is not necessary to include all of this information in the City's purchasing policy and as a result it has been eliminated. • The Local Preference (Section 3.24.140 —Former, Section 3.24.160 —new) section has been enhanced. Previously, the policy only had a brief statement that indicated that the City would take into consideration the 1 % sales tax that would be returned to the City in determining the low bidder. The new policy goes into detail of how the local preference will be applied. ORDINANCE AN ORDINANCE OF THE CITY OF DIAMOND BAR REVISING THE CITY'S PURCHASING SYSTEM AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does ordain as follows: Section 1. Title 3, Chapter 3.24 of the Diamond Bar Municipal Code is amended in its entirety to read as follows: Chapter 3.24 Purchasing Ordinance Sections: 3.24.010 Establishment of Purchasing System 3.24.020 Definitions 3.24.030 Decentralized Purchasing 3.24.040 Contractual Authority 3.24.050 Bid Procedures 3.24.060 Purchases without Bidding 3.24.070 Temporary staffing, Professional and Consultant Services 3.24.080 Requisitions and Purchase Orders 3.24.090 Encumbrance of Funds 3.24.100 Change Orders 3.24.110 City Credit Card Usage 3.24.120 Emergency Purchases 3.24.130 Vendor List Procurement 3.24.140 Sole Source Procurement 3.24.150 Cooperative Purchasing 3.24.160 Local Preference 3.24.170 Use of Recycled Materials 3.24.180 Bidding for Public Works Projects 3.24.190 Surplus Personal Property Section 3.24.010 Establishment of a Purchasing System — To establish efficient procedures for the purchase of supplies, services, and equipment; to secure for the City supplies, services, and equipment at the lowest cost commensurate with the quality needed and with due consideration to usability; to exercise positive financial control over purchases; to clearly define authority for the purchasing functions; to assure the quality of purchases; and to buy without favor or prejudice, a purchasing system is adopted and shall control the procedures for all purchases except as otherwise provided by law. Section 3.24.020 Definitions —As used in this Ordinance, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended) (a) City shall mean the City of Diamond Bar. (b Contract shall mean an agreement, in writing, between two or more persons with the requisite authority, which creates an obligation to do a particular thing. (c) Encumbrance shall mean a contingent liability and reservation of a budget appropriation incurred as a result of the issuance of a purchase order and/or contract. (d) Personal Property shall mean any tangible property not including land or real estate. This includes but is not limited to vehicles, equipment, supplies, furniture and fixtures. (e) Purchases shall mean procurement of supplies, services, equipment and personal property and shall include leases or rentals of such items. (f) Professional Services shall mean the services of architects, attorneys, auditors, consultants, engineers, physicians, or other individuals or organizations possessing a high degree of professional, unique, specialized, technical skill or expertise. (g) Public Works Project as defined in California Public Contract Code Section 20161 is "(a) a project for the erection, improvement, painting or repair of public buildings and works. (b) Work in or about streams;. bays, waterfronts, embankments, or other work for protection against overflow. (c) Street or sewer work except maintenance or repair. (d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. (h) Responsive Bidder shall mean a bidder who has placed an offer to furnish supplies, materials, equipment, or contractual services in conformity with the specifications, delivery terms, conditions and other requirements included in the request for bids. (i) Services shall mean any and all services, including but not limited to equipment services contracts. Q) Surplus Personal Property shall mean any personal property that is no longer needed or useable by the City. F Section 3.24.030 Decentralized Purchasing — The purchase of supplies, services, and equipment is the responsibility of the individual departments requiring said supplies, services, and equipment. It is the responsibility of the Department Director to ensure the adherence to the procedures prescribed in this Chapter. 3.24.040 Contractual ,Authority — Provided there is adequate unencumbered budget in the account against which the expenditure is to be charged: (a) Purchases of supplies, services and equipment of an estimated value less than five thousand dollars ($5,000) shall be approved by a Department Director or designee. (b) Purchases with an estimated value greater than five thousand dollars ($5,000) and up to ten thousand dollars ($10,000) shall be approved by the Assistant City Manager or designee. (c) Purchases with an estimated value greater than ten thousand dollars ($10,000) and up to twenty five thousand dollars ($25,000) shall be approved by the City Manager or designee. (d) Purchases with an estimated value greater than twenty-five thousand dollars ($25,000) shall be approved by the City Council. In the case where there does not exist an available unencumbered budget, the contract authorization set forth above shall not exceed five thousand dollars ($5,000). Section 3.24.050 Bid Procedures — Purchases of supplies, services, and equipment with an estimated value of greater than $2,500 shall be by bid procedures pursuant to this section, except as otherwise provided in this Chapter. (a) Minimum number of bids. Purchases shall be based on at least three bids, and shall be awarded to the lowest responsive and responsible bidder. (b) Solicitation of Bids. The City staff may solicit quotations by telephone or written requests to prospective bidders. Written solicitation of bids may be by mailed solicitation, posting, or by publication in a newspaper of general circulation or in trade journals. (c) Response to Solicitation. If purchase cost is estimated to be five thousand ($5,000) or less, oral bids may be accepted. If the purchase cost is estimated to be in excess of five thousand dollars, ($5,000) written bids shall be obtained. 3 (d) Rejection of bids. The City may reject any and all bids for any reason and may waive any irregularity in any bid that does not create an undue or unfair advantage to the bidder. (e) Cost of bid preparation. The cost of bid preparation shall be borne entirely by bidders and shall in no circumstance be a charge against the City. (f) Record of bids. The records of bid shall be kept in accordance with the approved record retention policy. (g) Performance bond. The City may in its discretion require a performance bond of the successful bidder in the full amount of the contract price. Section 3.24.060 Purchases without Bidding - Bidding shall not be required when one of the following conditions pertains: (a) The amount of the purchase has a total estimated value of less than two thousand five hundred dollars ($2,500). (b) Sole source purchases such as legal advertising, utilities, conferences, transit passes and Sheriff's department services (c) An essential or, critical need requires that an order be placed with the best available source of supply due to time constraints. (d) Purchases from vendors on the City Council Approved Vendor's List. (e) If, at the discretion of the City Manager, and upon a finding supported with written documentation, it is in the City's best interest in regard to product uniformity, total cost of acquisition, and/or similar considerations. These purchases must be approved by the City Manager or his/her designee. (f) Purchases made through a Cooperative Purchasing Program utilizing purchasing agreements maintained by the State, County, or other public agencies. Section 3.24.070. Temporary Staffing, Professional and Consultant Services. Proposals for all temporary staffing, professional and consultant services may be obtained pursuant to procedures determined by the City Manager. Selection shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required, It is not mandatory that a contract for temporary staffing, E professional and consultant services be awarded to the lowest bidder when it is believed that the quality of service or technical expertise provided by a higher bidder warrants their selection. Reasons for the selection of any bidder other than the lowest bidders shall be in writing and shall be retained with the record of bids. Section 3.24.080 Requisitions and Purchase Orders — Except as provided in Sections 3.24.110 and 3.24.120, below, purchase of supplies, services and equipment where the cost exceeds $2,500 shall require a requisition and purchase order. Requisitions shall be approved by the issuing Department Director, Assistant City Manager or City Manager as prescribed in Section 3.24.040. After other approvals are received all requisitions will be reviewed by the Finance Director or designee for budgetary and purchasing policy compliance. Upon final approval, the requisition will be converted to a Purchase Order and the funds will be Encumbered. A requisition and purchase order may be issued for items costing less than $2,500 if required by the vendor or if the department wishes to use the purchase order as a mechanism to encumber funds. Section 3.24.090 Encumbrance of Funds -- Except in cases of emergency, the issuing Department Director shall not issue any purchase order for supplies, services, or equipment unless there exists an unencumbered appropriation in the account against which said purchase is to be charged. If when the purchase order is posted the account appears to be over budget, the Department Director shall create a budget transfer to cover said overage immediately. Section 3.24.100 — Change Orders -- Purchase Orders represent a contract between the City and the Vendor. Any substantial change to a Purchase Order shall be documented as a change order. Change orders shall be reviewed by the Finance Director and shall be approved by the City Manager. A purchase order may not be increased by more than 10% or $2,500 whichever is less, without a change order. If the contract is awarded by the City Council, the City Council may approve a contingency in addition to the contract award. The City Manager may approve change orders on City Council approved contracts up to the contingency amount. If the change order exceeds the contingency it must be taken to the City Council for additional authorization. Section 3.24.110 City Credit Card Usage — Under certain circumstances, the use of a City credit card may be the most appropriate method of payment for purchases in lieu of . The following policies and procedures are established to insure internal control and timely payment of charges. City credit cards shall be available to the City Council and staff for the conduct of official City business, including but not limited to the following purposes: (a) To charge the cost of meals when required in the conduct of official business, except when an employee has received a travel advance. 5 (b) Authorized travel expenses and hotel charges. (c) Gasoline purchases. (d) Other circumstances where the use of a credit card best meets the needs as determined by the Department Director. The Citywide credit cards will be safeguarded by the Finance Department. These credit cards must be checked out through the Finance Department staff. A signed Credit Card Usage Authorization form will be required prior to the release of the credit cards. All: receipts shall be turned in to the Finance Department staff when the credit card is returned. Purchase made with credit cards shall follow normal budgetary guidelines and purchasing regulations. Section 3.24.120 Emergency Purchases — The City Manager may authorize emergency purchases free of all provisions of this Chapter upon showing by any Department Director that the purchase required is for the immediate preservation of health, safety and welfare, repair to existing City equipment which impacts ongoing City operations, or for the protection of property. There must be a present, immediate and existing emergency that could not reasonably be foreseen. A confirming Purchase Order must be completed after the emergency. Section 3.24.130 Vendor List Procurement - In January each year, City Staff will establish an "Approved Vendor List" and present it to the City Council for approval. This list will be comprised of vendors who have consistently provided excellent service to the City. This will be based on City standards for quality and price of services meaning that they have traditionally been the lowest bidder, they can deliver goods or services on time, or they consistently meet or exceed product/service specifications. Vendors on the Approved Vendor List shall be evaluated regularly by City staff for quality and price. Vendors not meeting City Standards may, be removed by the City Manager or designee at any time. Once removed, a vendor may be reconsidered for placement on the Approved Vendor List the following January. Section 3,24.140 Sole Source Procurement - Situations in which a procurement of any product is obtainable only from a single vendor or sole source, and is not adaptable to competitive bidding. The Department Director upon approval of the City Manager shall negotiate with the vendor so that the City receives a fair and equitable price for the desired supplies, service, equipment or product. C Section_ 3.24.150 Cooperative Purchasin_q Programs — Purchases may be made under a cooperative purchasing program, utilizing purchasing agreements maintained by the State, County, or other public agencies are exempted from the requirements of this Chapter. California Public Contract Code Section 10324 authorizes the Department of General Services to make purchases of supplies, equipment or materials on behalf of cities in those instances when the purchases can be made by the Department of General Services at a purchase price lower than the City can obtain through its normal purchasing procedures. In those instances where it is determined that purchasing through the State, the County or other governmental agency will result in savings to the City, the City is authorized to make such purchases. Section 3.24.160 Local Preference — In order to promote the economic health of the City and to encourage local participation in the procurement process, the City in determining the lowest responsible bidder may take in to consideration the sales tax (cine percent) which would be returned to the City as prescribed in this Section. (a) Definition. Whenever used in this section, the phrase "local bidder/vendor" shall mean a business, firm, or enterprise with fixed offices or locally taxable distribution points within the City, which holds a valid business registration issued by the City, and bearing a street address within the City. (b) Local Preference. In awarding purchase orders and contracts for supplies and equipment, the City may grant a preference of one percent to local bidder/vendors. The bids of all local bidder/vendors shall be reduced by one percent prior to determining the lowest bidder. The preference shall not exceed five thousand dollars ($5,000.00) for any single purchase order or contract. (c) Identical Bids. If after applying the preference provided for in subsection (b) of this section, identical bids are submitted by a local bidder/vender and a bidder who is not local, the contract shall be awarded to the local bidder/vendor. Identical bids by two or more local bidder/vendors shall be determined by the toss of a coin. (d) Exceptions. Notwithstanding the foregoing, the provisions of this section shall not apply under any of the following circumstances: 1. When application of the provisions of this section is prohibited by state or federal law or the requirements of a state or federal grant; 2. When a contract with the City to purchase supplies and equipment will be funded in whole or in part by donations or 7 gifts to the City, to the extent that the provisions of this section would conflict with any conditions attached by the donor of the donation, provided that the donation and any conditions attached to it have been accepted and approved by the City Council; 1 When the City Manager determines that a contract with the City to purchase supplies and equipment results from exigent circumstances, and also determines either that any delay in the execution or performance of the contract would jeopardize the public health, safety, or welfare of the citizens of the City, or that the operational effectiveness of a significant municipal function would be seriously threatened if the contract were not entered into expeditiously. (e) Good Faith Effort to Contact Local Merchants. The City shall make a good faith effort when soliciting bids for supplies or equipment to solicit bids or proposals from local merchants. (f) City Manager Authorization. The City Manager, or his or her designee, may promulgate rules and regulations to implement the provisions of this section. (g) Enforcement and Penalties. In the event that the City Manager, or his or her designee, makes a finding that a bidder for a contract has made an intentional misstatement in order to obtain a local merchant preference under regulations adopted pursuant to this section, the bidder may be subject to any remedy available to the City at law or equity. A finding by the City Manager, or his or her designee, that a bidder for a contract has made an intentional misstatement in order to obtain a local merchant preference shall be regarded by the City Council as a basis for determining whether the bidder is a responsible bidder for the present contract or for future contracts. 2. A bidder who has been disqualified as a responsible bidder by a determination of the City Council, based on a finding by the City Manager, or his or her designee, that the bidder made an intentional misstatement in order to obtain a local merchant: preference, shall be disqualified from bidding on all contracts with the city for a period of not less than one year from the date of the disqualification, as determined by the City Council. 3 Section 3.24.170 Use of Recycled Materials — All departments shall purchase and use recycled products and recycled materials when available unless determined by the City Manager to be financially infeasible. The City may at its option require its contractors and consultants to use recycled products in fulfilling contractual obligations Section 3.24.180 Bidding for Public Works Proiects — Public works projects shall be bid, advertised and awarded in accordance with applicable sections of the California Public Contract Code. Section 3.24.190 Surplus Personal Pro ert — Each department shall periodically review its equipment and inventory and complete a surplus property list for items deemed surplus or have become obsolete or worn out. The completed list shall be submitted to the City Manager's office. (a) Trade in. The City Manager or designee shall have the authority to exchange for or trade in on new equipment surplus personal property. (b) Sale. The City (Manager shall have the authority to dispose of surplus personal property by auction, sealed bids, for scrap or negotiated sale, whichever in the City Manager's judgment will provide the maximum return to the City. (c) Disposed as trash. When the cost of locating a buyer exceeds the estimated sale price of surplus personal property or the item is obsolete or worn out or of minimal value, the City Manager may recycle, destroy or dispose of the item as trash. (d) Disposed as gifts. The City Manager subject to the approval of the City Council may give surplus personal property to another public agency or special district such as a school district or library. Section 2. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this day of , 2006. Mayor 9 CHAPTER 3.24. PURCHASING SYSTEM* *Editor's note: Ord. No. 02(1995), adopted Feb. 21, 1995, repealed former §§ 3.24.010--3.24.350, relative to purchasing system, and re-enacted §§ 3.24.010--3.24.200 to read as herein set out. The provisions of former §§ 3.24.010--3.24.350 derived from Ord. No. 20(1989), §§ 2--34, adopted Aug. 1, 1989 and Ord. No. 20A(1989), §§ 1, 2, adopted June 26, 1990. State law references: Purchasing of supplies and equipment by municipalities, Government Code § 54201 et seq. Sec. 3.24.010. Establishment of a purchasing system. In order to establish efficient procedures for the purchase of supplies, services, and equipment: to secure for the city supplies, services, and equipment at the lowest cost commensurate with quality needed and with due consideration to usability; to exercise positive financial control over purchases; to clearly define authority for the purchasing functions; to assure the quality of purchases; and to buy without favor or prejudice, a purchasing system is adopted and shall control the procedures for all purchases except as otherwise provided by law. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.020. Definitions. As used in this chapter, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: Bidders list shall mean a current file of sources of supply of articles for each category of commodities repetitively purchased for city use. City shall mean the City of [Diamond Bar. City manager shall mean the chief executive officer of the city, appointed by the city council. The city manager, or his designee, has the exclusive authority for specific administrative responsibility for this chapter. Contract shall mean an agreement, in writing, between two or more persons, with the requisite authority, which creates an obligation to do a particular thing. Department and using department shall mean any of the departments, offices, or other organizational units of the city, and any special agency whose affairs and funds are under the supervision and control of the city council and for which the city council is ex -officio the governing body. Local bidder shall mean a firm or individual who regularly maintains a place of business and transacts business in the city. Non-responsive bidder shall mean a bidder or prospective bidder who fails to furnish a responsive bid. Professional services shall mean the services of architects, attorneys, auditors, consultants, engineers, physicians, or other individuals or organizations possessing a high degree of professional, unique, specialized, technical skill or expertise. Purchases shall mean purchases of supplies, services, and equipment and personal property and shall include leases or rentals of such items as well as transactions by which the city acquires ownership. Purchasing agent shall mean the official designated by the city manager for enforcement and administration of this chapter. Responsive bid shall mean an offer, submitted by a bidder, to furnish supplies, materials, equipment, or contractual services in conformity with the specifications, delivery terms and conditions, and other requirements included in the invitation for bids. Services shall mean any and all services, including but not limited to, equipment service contracts. Examples are: special lighting repair services, plumbing, and other such related repair or providing of such service, labor or repair. Supplies, materials and equipment shall mean any and all articles or things which shall be furnished to or used by any department. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.030. Centralized purchasing division. There is created a purchasing division within the finance department of the city, in which is vested authority for the centralized purchase of supplies, services and equipment. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.040. Purchasing agent. There is created the position of purchasing agent. The purchasing agent shall be appointed by the city manager to direct and manage the city's purchasing system. The duties of purchasing agent may be combined with those of any other office or position as specified by the city manager. The purchasing agent shall have the authority to: (a) Purchase or contract for supplies, services and equipment required by any using department in accordance with purchasing procedures prescribed by this chapter; such administrative regulations as the purchasing agent shall recommend for the internal management and operation of the purchasing division; and such other rules and regulations as shall be prescribed by the city council or city manager. (b) Negotiate and recommend execution of contracts for the purchase of supplies, services and equipment. (c) Act to procure for the city the needed quality and quantity of supplies, services and equipment. (d) Endeavor to obtain as full and open competition as possible on all purchases. (e) Prepare and recommend rules and regulations governing the purchase of supplies, services and equipment for the city. (f) Keep informed of current development in the field of purchasing, prices, market conditions and new products. Recommend purchase of alternative products of a higher quality or lower cost. (g) Prescribe and maintain such forms as reasonably necessary to the operation of this chapter and other rules and regulations. (h) Supervise the receipt and inspection of all supplies, services and equipment purchased to ensure! conformance with specifications. (i) Supervise the transfer of surplus or unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any department or which have become unsuitable for city use. Q) Maintain appropriate records needed for the efficient operation of the purchasing division. (k) Encourage the standardization of similar equipment materials, and services used by the various city departments, (1) Maintain an approved bidder's list, bidder's catalog file and records needed for the efficient operation of the purchasing division. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.050. Exemption from centralized purchasing. The city manager may authorize, where legally required to do so in writing or verbally, any department to purchase or contract for certain specified classes of supplies, services, or equipment independently of the purchasing agent; but such purchases or contracts shall be made in conformity with the applicable provisions of this chapter. The city manager may alsc rescind such authorization to purchase independently, by written or verbal notice to the department or departments concerned, unless otherwise prohibited by law, (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.060. Requisitions. All departments shalt submit requests to the purchasing agent or his designated representative(s) by standard requisition forms for the supplies, services, or equipment as required for their operations and purposes and within the limits of funds appropriated therefor. The purchasing agent will review each requisition and may question its propriety in view of budgetary and other concerns, and may require from the head of the requesting department a justification of the quantity or quality requisitioned. Requisitions shall not be required for purchases costing less than the petty cash maximum. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.070. Use of purchase orders. Purchase of supplies, services and equipment shall be made by purchase order or city council approved contract. Except in cases of emergency as defined herein, no officer or employee of the city shall request a supplier to deliver supplies, services and equipment to the city unless a purchase order is issued by the purchasing agent or his designated representative. Purchase orders shall not be required for purchases costing less than $500.00. (Ord. No. 02(1995), § 2, 2-21-95; Ord. No. 2A(1995), § 1, 6-15-99) Sec. 3.24.080. Emergency purchases. The purchasing agent may authorize emergency purchases free of all provisions of this chapter upon showing by any department or officer that the purchase required is for the immediate preservation of health, safety and welfare of the people, repair to existing city equipment which impacts ongoing city operations, or for the protection of property and that there is a present, immediate and existing emergency which could not reasonably be foreseen. A confirming purchase order must be completed, after the emergency. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.090. Encumbrance of funds. Except in cases of emergency, the purchasing agent shall not issue any purchase order for supplies, services or equipment unless there exists an unencumbered appropriation in the fund account against which said purchase is to be charged. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.100. Inspection and testing. The purchasing agent may inspect supplies and equipment delivered and contractual services performed, to determine their conformance with the specifications set forth in the order or contract. The purchasing agent shall have authority to require chemical and physical tests of samples submitted with bids, and samples of deliveries which are necessary to determine compliance with specifications. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.110. Purchases without bidding. Purchases of supplies, services, equipment and the sale of personal property shall be by bid procedures pursuant to this chapter. Bidding shall not be required when one of the following conditions pertains: (a) The amount involved for purchases of supplies, services and equipment from a single vendor has a total estimated value of less than $1,000.00 within the fiscal year. (b) Contracts for legal advertising. (c) An essential or critical need requires that an order be placed with the best available source of supply due to time constraints. (d) If, at the discretion of the purchasing agent, and upon a finding supported with written documentation, a distinct advantage is clearly in the city's best interest in regard to product: uniformity, total cost of acquisition, and/or similar considerations. The city manager or his designee must approve such purchases that exceed informal bid limits. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.120. Informal bid procedures. Purchases of supplies, services and equipment of an estimated value of between $1,000.00 and $25,000.00 may be made by the city manager in the open market pursuant to the procedures described below: (a) Minimum number of bids. Purchases shall be based on at least three competitive bids and shall be awarded to the lowest responsible bidder, except as provided within this chapter. (b) Solicitation of bids. The purchasing agent may solicit quotations from prospective suppliers orally or in writing. (c) Temporary staffing and professional and consultant services. Proposals for all temporary staffing and professional and consulting services may be obtained pursuant to the section. Contracts in excess of $25,000.00 shall be approved by the city council. (d) Responses to solicitation. If purchase cost is estimated to be $5,000.00 or less, verbal quotation responses may be accepted. If the purchase cost is estimated to be between $5,001.00 and $25,000.00, written quotations responses shall be obtained. (e) Selection of temporary staffing and professional and consulting services providers. It is not mandatory that a contract for temporary staffing and professional and consulting services be awarded to the lowest responsible bidder when it is believed that the quality of the service or the technical expertise provided by the higher bidder warrants that selection. Reasons for selection of any bidder other than the lowest responsible bidder shalt be in writing and shall be retained with the record of the quotation. (f) Record of quotations. A record of all open market procurements and quotations shall be kept for a period of three years after audit of the fiscal year in which the purchase was made. This record, while so kept, shall be open to public inspection. (Ord. No. 02(1995), § 2, 2-21-95; Ord, No. 2A(1995), § 2, 6-15-99; Ord. No. 01(2003), § 1, 3-18-03) Sec. 3.24.130. Formal bid procedures. Except as otherwise provided herein, purchases of supplies, services and equipment of an estimated value greater than $25,000.00 shall be by written bid with city council approval prior to award to the lowest responsible bidder, pursuant to the procedure prescribed herein. (a} Notice inviting bids. Notices inviting bids shall include a general description of the supplies, service or equipment to be purchased shall state where bid forms and specifications may be secured, and the time and place for opening bids. (1) Published notice. Notice inviting bids shall be published at least ten days before the date of the opening of the bids. Notice shall be published at least once in a newspaper of general circulation, published in the area of the city. (2) Bidders' list. The purchasing agent shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidder's list or who have requested their names to be added thereto. The purchasing agent shall take appropriate affirmative actions to notify and encourage city -located businesses to submit their respective firm's names, addresses, telephone numbers; and their products and/or services in which they transact business. (b) Bidder's security. "'hen deemed necessary by the purchasing officer, bidders' security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The city council may reject all bids and re -advertise. (c) Bid opening procedure. Sealed bids shall be submitted to the city clerk and shall be identified as "bids" on the envelope. The city clerk, or designee, shall publicly open all bids at the time and place stated in the public notices. A tabulation of all bids received shall be available for public inspection during regular business hours for a period of not less than 30 calendar days after the bid opening. (d) Rejection of bids. At its discretion, the city council may reject any and all bids and re -advertise for bids. However, when all bids exceed the authorized budgeted amount, the city manager may authorize rejection of all bids and authorize re -bidding based upon the original specifications or as they may be modified, in accordance with procedures prescribed herein. (e) Award of bids. Bids shall be awarded by the city council to the lowest responsible bidder except as otherwise provided herein. (f) Tie bids. If two or more bids received are the same total amount or unit price, quality and service being equal and if the public interest will not permit the delay of re -advertising for bids, the city council may accept the one it chooses or accept the lowest bid made by negotiation with tie bidders at the time of the bid opening. (Ord. No 02(1995), § 2, 2-21-95; Ord. No. 2A(1995), § 3, 6-15-99; Ord. No. 01(2003), § 2, 3-18-03) Sec. 3.24.140. Sale source procurement. Situations in which a procurement of any product is obtainable only from a single or sole source, and not adaptable to competitive bidding, the purchasing agent, upon approval of the city manager, shall negotiate with the purveyor of such equipment, product supply or service, so that the city receives the desired supplies, service, equipment or product, on fair and equitable terms. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.150. Cooperative purchasing programs. Purchases of supplies, services and equipment made under a cooperative purchasing program, utilizing purchasing agreements maintained by the state, county, or other public agencies, are exempt from the requirements of this chapter. California Public Contract Code Section 10324 authorizes the Department of General Services to make purchases of supplies, equipment or materials on behalf of cities in those instances when the purchases can be made by the Department of General Services upon the same terms, conditions and specifications, at a purchase price lower than that which the city can obtain through its normal purchasing procedures. In those instances where it is determined that purchasing through the state, the county, or other governmental agencies will result in savings to the city, the city is authorized to make such purchases. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.160. Local preference. In order to promote the economic health of the city and to encourage local participation in the procurement process, the city, in determining the lowest responsible bidder, may take into consideration the sales tax (one percent) which would be returned to the city. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.170. Use of recycled materials. The city encourages the use of recycled paper and materials in response to all bids for supplies and services. Wherever possible, preference will be given to those vendors of, supplies and services to the city who utilize recycled materials, including recycled paper products. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.180. Bidding for public works projects. Public works projects, as defined in the California Public Contract Code Section 20161 or subsequent amendments thereof, shall be bid, advertised and awarded in accordance with applicable sections of the California Public Contract Code. (Ord. No. 02(1995), § 2, 2-21-95) Sec. 3.24.190. Contractual authority. The city manager is authorized to enter into contracts where the amount of the contract does not exceed $25,000.00 provided that an unencumbered appropriation exists in the fund account against which said expense is to be charged. Contracts in excess of the city manager's authority must be approved by the city council. In the case of professional services, where there does not exist a specific appropriation in the fund account against which said expense is to be charged, the city manager's expense authorization shall not exceed $5,000.00. (Ord. No. 02(1995), § 2, 2-21-95; Ord. No. 2A(1995), § 4,6-15-99; Ord. No. 01(2003), § 3,- 3-18-03) Sec. 3.24.200. Surplus personal property. The city manager is authorized to determine, with approval of the city council, whether any item of city -owned personal property is surplus to the present or future needs of the city. He may designate the purchasing agent to fulfill this function. The city manager may require periodic reports showing all city personal property which is no longer used or has become obsolete. (a) Items declared to be surplus shall be offered for sale on a competitive -bid basis. Bids may be solicited by written requests, telephone, public notice posted on city property, by advertisements in any newspaper or magazine, or by any combination of such methods. A record shall be kept of notices given and bids received. (b) The city manager or his designee is authorized to sell to the highest bidder. Sale of any item or items with an estimated value in excess of $1,000.00 shall be sold to the highest bidder, in accordance with the formal bid procedures, or any other means provided herein, with the approval of the city manager. (c) When, after a reasonable effort has been made to obtain bids, no bids have been obtained for any item of city -owned personal property declared to be surplus, the city manager or his designee is authorized to dispose of such items for the highest scrap value that can be obtained therefor, and if a reasonable effort to do so brings no opportunity to sell the same for scrap, he may cause its destruction or any other disposition thereof. (d) The purchasing agent shall have authority to exchange for or trade in, on new supplies and equipment, all supplies and equipment which cannot be used by any department or which have become unsuitable for city use. (Ord. No. 02(1995), § 2, 2-21-95) Agenda # 8.4 Meeting Date: July 18, 2006 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members oft e City Council VIA: Linda C. Lowry, City Manager TITLE: Consideration of Planning Commission's Recommendation of Art in Public Places RECOMMENDATION The Planning Commission recommends the City Council direct staff to amend the General Plan and the Development Code to adopt policies, goals and criteria that promote public art as a part of the entitlement process. FISCAL IMPACT There is no fiscal impact related to amending the Development Code in this manner. The developer assumes all costs to provide artwork as part of the entitlement process. At the request of the Planning Commission, staff conducted research and prepared a report on public art programs by other cities within the Los Angeles area. All of the programs surveyed made public art a requirement of new development. At the February 14, 2006 meeting, staff presented to the Planning Commission two types of public art programs. The first example, similar to the City of Brea's Art in Public Places program requires the developer to spend approximately 1% of the total construction costs for a specific art piece. In this type of program the City could select the specific art piece to be erected or may review and approve specific artwork. This process is cumbersome to the developer and can require substantial staff time. The second option for a public art program requires a developer to provide on-site artwork as part of their project through the entitlement process. The art work is incorporated into the development review process and is less stringent than the more regulatory process outlined above. In order to accomplish this type of project, the Development Code needs to be amended to provide the Community Development Director or City Manager with the authority to require public art as part of a large development project. This is the option that is recommended by the Planning Commission and City staff. DISCUSSION A. Current General Plan Obmectives and Development Code Section Relating to Public Art: The City's General Plan presently contains a general reference to a public art program. In the Land Use Element, objective 3.1.4 states that the City should, "Consider a program to place art at prominent locations throughout the City of Diamond Bar." The Development Code also contains a section on the provision of public art within pedestrian open space. Section 22.16.070 provides incentives and requirements for pedestrian -oriented open space and amenities such as public art. According to that code section, when a developer provides public art, the City may provide bonuses such as a height increase and additional lot coverage over the maximum for projects involving shopping centers over one acre and remodeled centers over five acres. B. Planning Commission Discussion and Recommendation: At the February 14, meeting, the Planning Commission generally supported the idea of a requiring public art as part of the entitlement process for new development within the City. The Commission agreed with staff that to implement a public art program, the General Plan should include additional information on why public art is important to the City, goals and objectives for the program and information on how the program should be implemented and funded. Secondly, the Development Code would need to be amended to include the public art requirements that carry out the goals and objectives of the General Plan. j&ffm I Prepared By Sandraf Campbell Contract Senior Planner Reviewed Nancy Feng, AICP Communit ent Director E Reviewed By David Assistant City Manager Attachments: February 14, 2006 Planning Commission Memo and minutes Table Summarizing City Art in Public Places Programs MEMORANDUM ELWO D BAR COMMUNITY & DEVELOPMENT SERVICES DEPARTMENT TO: Chairman and Members of the Planning Commission FROM: Nancy Fong, Interim Community Development Director BY: Sandra Campbell, Contract Senior Planner MEETING January 24, 2006 DATE: SUBJECT: Art in Public Places Issue Paper Background The Planning Commission has expressed an interest in establishing an art in public places program. This type of program involves the incorporation of artworks into new development projects in publicly accessible places within the City. This report discusses issues associated with preparing an art in public places program for the City. Review of Programs in Other Cities To understand how these programs work, staff reviewed a number of art in public places ordinances and programs in various cities within the Los Angeles area. Some of the most well-known programs include those in the cities of Brea, Claremont, Rancho Cucamonga, Laguna Beach and Pasadena. All of these programs were included in the background research. The attached table presents a comparison of the various components of each city's art in public places program. Most programs are generally very similar in that they apply to all new commercial and industrial projects that exceed a certain valuation and to new residential projects that exceed a certain number of units. The fee requirements are also similar in that most cities require a fee of 1% of the project valuation be applied towards public artwork. Claremont reduces the fee to %% for residential projects. These types of programs are often referred to as "percent for art" programs. Page i of 3 5. Arts Commission: When a proposed project is subject to the requirements of an art in public places program, some cities establish a process that allows the City to review the artwork before it is installed. The review requires a developer to submit an application for the desired type of artwork to the City for review and approval. Most public art ordinances designate a commission with expertise in art to review and make decisions on applications for artwork. Developing guidelines on selection of artists and artwork will assist the commission or board in reviewing artwork applications. Fiscal Impact: With a "percent for art" program, the developer assumes the cost involved in hiring an artist, and construction and installation of the artwork. The City would incur costs mostly for staff time spent on reviewing applications and preparing reports for the board or commission that reviews the artwork. A percent for art program may have some negative impacts on developers in that it would be an additional cost of development in the City. Developers may view that cost as a deterrent to doing business in the City. However, an art in public places program could also be a way of improving the visual quality of public areas within the City and result in an improvement in the City's overall image. This may have the indirect effect of leading to more high quality development within the City. Recommendations: Staff recommends that the Planning Commission discuss the merits of implementing an art in public places program and the various options for the program. After discussion, the Planning Commission should then decide on a recommendation as follows: 1. Direct staff to amend the Design Guidelines to include criteria for placement of art and continue to extract art through the entitlement process for Commission review and forward to City Council for approval through a resolution; or 1. Recommend that the City Council direct staff to further study the implementation of an Art in Public Places Program. Attachment: Table Summarizing City Art in Public Places Programs Page 3 of 3 Summary of Art in Public Places Programs Ctj( sApyylii!�if i �rna��e A XecltSi�R�.�;`Y�� dl I{ �,� Brea Commercial, 1 % of total • Min. 5' in industrial, and building dimensio residential projects construction • 3 dimens of five or more units valuation works; with a total building • Permane project valuation of weather $1.5 million of more resistant; Pasadena . Commercial, 1% of • Original industrial and building artwork; mixed use permit • May incl projects over valuation earthwoi 25,000 sf; mosaics • City construction murals e projects scut tura Claremont • New commercial I% for • Two or and industrial commercial, dimensi projects over industrial and artwork $200,000; CIPS; • Modern • Subdivisions 112% for traditior and residential residential abstrac over $200,000, • Must be except for integrat single-family; site des • Modifications to existing projects; • Capital any I lonal nt and ide ks, nd hree- onal al or style; ;d into ign. The 1 % set aside may be held by the City in a "funds in trust" account if artwork is not installed before issue of tenant improvement permits. Fee may be used by developer to pay for artwork or paid into a fee in lieu "community art fund" 1. Applicant submits Art in Public Places application to the Cultural Arts Div. of the Community Development Department. 2. Art in Public Places Advisory Committee reviews and approves or denies the Art in Public Places application. Arts Commission determines compliance. 1. Architectural Commission reviews concept application concurrently with development project; 2. Formal application submitted and reviewed by Architectural Comm. for final decision. Located on private property where visible to public Publicly accessible space On-site in public space or alternative location approved by Architectural Comm. City Applicable ,r; prajeCts .. Percentage of set aside :' Artwgrk t�qurremerits . ,.. Means..nf collection - Approval process Location Qf artworl� - improvement projects over $100,000 Laguna • Commercial and 1 % total . Sculpture Funds are expended by 1. Art in public places Public place Beach industrial project • Murals, the applicant on artwork application on-site or in projects; valuation paintings, or collected as an "in-lieu submitted to the vicinity of • Remodeling, collage; of contribution" to the art Community project site repair or • Earthworks, in public places fund. Development Dept. reconstruction of fiberworks, 2. Initial presentation to existing neon, glass, Arts Commission for commercial or mosaics; approval of concept industrial Photography, pian. property valued film, video 3. Formal application at over $25,000; submitted and • Residential reviewed by the Arts projects of four Commission for final or more units; decision. • City projects 4. City Council approves, conditionally approves or denies final application. MORAFT MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 14, 2006 CALL TO ORDER: Chairman McManus called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Kwang Ho Lee, Dan Nolan Tony Torng, Vice -Chairman Ruth Low and Chairman Joe McManus Also present: Nancy Fong, Interim Community Development Director; Bradley Wohlenberg, Assistant City Attorney; Ann J. Lungu, Associate Planner, Milan Garrison, Contract Planner; Sandra Campbell, Contract Senior Planner and Stella Marquez, Senior Administrative Assistant. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of January 10, 2006 — Approved as corrected with C/Nolan abstaining. 4.2 Minutes of the Regular Meeting of January 24, 2006 — Approved as submitted with VC/Low and Chair/McManus abstaining. 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 DEVELOPMENT REVIEW NO. 2005-15 AND MINOR VARIANCE NO. 2006-03 — In accordance to Chapters 22.38 and 22.56 of the City of Diamond Bar Development Code the applicant requested approval of plans to construct a new three-story single family dwelling of approximately 9,288 aDRAFT FEBRUARY 14, 2006 PAGE 3 PLANNING COMMISSION PROJECT ADDRESS: 3121 Steeplechase Lot 3 of Parcel Map 23382 (APN 8713-017-112) Diamond Bar, CA 91765 PROPERTY OWNER: Arun and Indira Jain 20825 Quail Run Drive Diamond Bar, CA 91789 APPLICANT: Pete Volbeda 615 N. Benson Avenue Upland, CA 91736 Milan Garrison, Contract Planner, presented staffs report and recommended Planning Commission approval of Development Review 2005-37, Minor Variance 2005-10 and Minor Conditional Use Permit 2006-02, Findings of Fact, and conditions of approval as listed within the resolution. CP/Garrison responded to VC/Low that the apparent discrepancy in the size of the driveway was because the site entry at the east and west entrances were 20 feet wide at the turn into a half -circle and staff recommended a reduction from 20 feet to 12 feet to provide additional landscaping to meet the 50 percent requirement. A width of 14 feet is the maximum allowed at the half -circle area and staff is recommending that it be reduced to 12 feet to reduce the amount of paving in the front yard area. C/Torng asked if it was normal to seek Planning Commission approval prior to the applicant receiving approval from "The Country Estates" Homeowners Association and ICDDIFong responded that it was not unusual even though staff would prefer that the applicant get conceptual approval from the association before the Planning Commission's review of the project. CP/Garrison stated that in this case staff received confirmation that "The Country Estates" Homeowners Association approved the project. VC/Low said she was interested to know the height of the attic and the purpose of having an attic in this development. CP/Garrison asked VC/Low to address her question to the applicant. PC/Garrison explained to CILee that the 4800 cubic yards of fill was derived from the grading plan provided by the applicant. Staff inserted the larger amount because upon review by staff it was determined that slightly more till would be required to create the graded pad to comply with current code D DRAFT FEBRUARY 14, 2006 PAGE 5 PLANNING COMMISSION The engineering data and technical information should not be relevant to the decision because it is an aesthetic question if the City wants to allow the applicant to exceed the height limit. Based on the City's standards for granting a variance which are outlined in staff's report, the height limit is an aesthetic limit that affects the appearance of the neighborhood and one should assume that the project would be properly engineered according to the City's' Code. C/Lee said he was confused about what information he should use to make his decisions. C/Nolan said he had sufficient information to move forward and would like for the applicant to make his presentation. Chair/McManus said that if Commissioners wanted to review the technical aspects of a project they could ask staff for a copy of the plan check drawings. Pete Volbeda, applicant, said he had built several houses in "The Country Estates." This particular lot requires more fill due to the existing condition of the lot. The reason for the variance request is because the pad is lower and the intent is to hide the garage from street view that necessitates a driveway in front of the house and creates the need for a taller retaining wall at the corner. If the higher retaining wall were disallowed it would necessitate moving the house further down on the lot and create more fill. This is the first step in acquiring a number of approvals in order for the project to move forward. If the Planning Commission failed to approve the variance there would be no need to provide plans and specs for a seven -foot wall. In addition, the applicant intends to screen the walls in accordance with staff's conditions. Mr. Volbeda stated that with respect to the attic space, the owner may at some point wish to convert the attic to a living area. In that case, the applicant would submit the proper application and drawings through the Planning Department. At this point in the project the space will be an unfinished attic. Mr. Volbeda responded to C/Nolan that he had built more than 20 homes in "The Country Estates." VC/Low asked if Mr. Volbeda intended to leave the tree in place and build around it. She asked if the tree was on the applicants or neighbors property. Mr. Volbeda responded that the tree was on the neighbor's property and that part of the parcel conditions for splitting the three lots included maintenance of the oak tree. The tree appears to him to be thriving and he said there would be no construction near the tree. D DRAFT FEBRUARY 14, 2006 PAGE 7 PLANNING COMMISSION VC/Low stated that. with some of the issues voiced during the discussion of this item page 6 of the Draft Resolution - subsections (n) and (o) clearly referenced the criteria for granting a Minor Variance. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Nolan, Lee, Torng, VC/Low, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 8. PLANNING COMMSSIONER COMMENTSIINFORMATIONAL ITEMS: VC/Low wished everyone a Happy Valentine's Day. C/Torng said that many residents have asked him about the progress of the Country Hills Towne Center and asked staff for an update. He wished everyone a Happy Valentine's Day. C/Lee thanked ICDD/Fong for her help and wished everyone a Happy Valentine's Day. 9. STAFF COMMENTS AND INFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. ICDD/Fong reported that she met with Mike McCarthy today to discuss the conditions of approval and plans for proceeding with the refurbishing of the Country Hills Towne Center. The applicant intends to submit plans in a timely fashion so that the supermarket could be fully functional by the end of the year. The new HMart is a Georgia based company and this location will be the first prototype in California. There will also be a Starbuck's drive-through. Mr. McCarthy said that he had signed many letters of interest and was working with existing tenants to retain their business as well. Mr. McCarthy plans to approach the Planning Commission with a request for modification to the Conditional Use Permit for the two-story building because he has acquired enough leases that he needs to build the new building to relocate some of the existing tenants while he renovates the existing buildings. The website for HMart is www.hmart.com. The owner of HMart is a Korean family and the market is a multi-ethnic "World Market" type of business. FEBRUARY 14, 2006 PAGE 9 PLANNING COMMISSION specific to the project areas. Adding the words "Formed Based Code" or "urbanism" would set the tone for developing the Specific Plan. VC/Low thanked staff for an.excellent report. She felt that in spite of the City being pretty well built out the Formed Based Code could be useful. On the other hand, this concept was 25 years old and she would not want to push the Form Based Code if something better came along. ICDDIFong said that Diamond Bar would most likely use a hybrid form of the Form Based Code rather than a pure Form Based Code. She believed that cities should be able to regulate what types of uses would be compatible with each other as well as compatible to the surrounding area. ICDDIFong responded to C/Torng that from a public purpose (quality of life) standpoint Form Based Codes were established as a tool prescribed to a Specific Plan so that cities could describe what form and architectural style the buildings should take on, where the buildings should be placed, what kind of pedestrian connections should be included and what kind and size the plaza areas should be to attract pedestrians to remain and enjoy the environment. She pointed out that The Groves on Third Avenue in Los Angeles is a very vibrant area with lots of pedestrian traffic and it would be that type of atmosphere that Diamond Bar would seek to create for its residents and using the Form Based Code it would be feasible to prescribe that kind of environment. ICDDIFong indicated to C(Torng that the approval process would remain the same as it is today. 9.3 Art in Public Places ICDDIFong presented the Commission with a report including a chart that compared several cities from Brea and Claremont to Laguna Beach, Pasadena and Rancho Cucamonga. Art could be obtained through a prescribed program. For example, Brea requires that each project of a certain value would have to contribute a specific amount of money. Another way of acquiring art is through the entitlement process on a project -by -project basis. For example, if the City has something in its design guidelines or General Plan Goals and Objectives to encourage the placement of art, the City could, through entitlement — a Conditional Use Permit, condition the Country Hills Towne Center to place an art piece within the project site. The Brea concept is for any project that exceeds a certain value contributes one percent toward art in public places. The question is whether the City is attempting to achieve a "public purpose" and how does the City define that "public purpose." Obviously, the "public purpose" is for aesthetics and quality of life that the City wants to achieve. On the other hand, how would that fiscally affect the development community because theywould have to set aside funds in advance for placement of I DRAFT FEBRUARY 14, 2006 PAGE 11 PLANNING COMMISSION VC/Low moved, C/Nolan seconded to forward a recommendation to the City Council that the City adopt Form Based Code for Specific Plans and that policies and goals be incorporated for an "art in public places" program. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Low, Nolan, Lee, Torng, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, ChairlMcManus adjourned the meeting at 8:00 p.m. Respectfully Submitted, Joe McManus, Chairman Nancy Fong Interim Community Development Director ORDINANCE AN ORDINANCE OF THE CITY OF DIAMOND BAR REVISING THE CITY'S PURCHASING SYSTEM AND AMENDING THE DIAMOND BAR MUNICIPAL CODE The City Council of the City of Diamond Bar does ordain as follows: Section 1. Title 3, Chapter 3.24 of the Diamond Bar Municipal Code is amended in its entirety to read as follows: Chapter 3.24 Purchasing Ordinance Sections: 3.24.010 Establishment of Purchasing System 3.24.020 Definitions 3.24.030 Decentralized Purchasing 3.24.040 Contractual Authority 3.24.050 Bid Procedures 3.24.060 Purchases without Bidding 3.24.070 Temporary staffing, Professional and 3.24.080 Requisitions and Purchase Orders 3.24.090 Encumbrance of Funds 3.24.100 Change Orders 3.24.110 City Credit Card Usage 3.24.120 Emergency Purchases 3.24.130 Vendor List Procurement 3.24.140 Sole Source Procurement 3.24.150 Cooperative Purchasing 3.24.160 Local Preference 3.24.170 Use of Recycled Materials 3.24.180 Bidding for Public Works Projects 3.24.190 Surplus Personal Property Consultant Services Section 3.24.010 Establishment of a Purchasing System -- To establish efficient procedures for the purchase of supplies, services, and equipment; to secure for the City supplies, services, and equipment at the lowest cost commensurate with the quality needed and with due consideration to usability; to exercise positive financial control over purchases; to clearly define authority for the purchasing functions; to assure the quality of purchases; and to buy without favor or prejudice, a purchasing system is adopted and shall control the procedures for all purchases except as otherwise provided by law. Section 3.24.020 Definitions — As used in this Ordinance, the following words and terms shall be defined as follows unless the context indicates that a different meaning is intended: (a) City shall mean the City of Diamond Bar. (b Contract shall mean an agreement, in writing, between two or more persons with the requisite authority, which creates an obligation to do a particular thing. (c) Encumbrance shall mean a contingent liability and reservation of a budget appropriation incurred as a result of the issuance of a purchase order and/or contract. (d) Personal Property shall mean any tangible property not including land or real estate. This includes but is not limited to vehicles, equipment, supplies, furniture and fixtures. (e) Purchases shall mean procurement of supplies, services, equipment and personal property and shall include leases or rentals of such items. (f) Professional Services shall mean the services of architects, attorneys, auditors, consultants, engineers, physicians, or other individuals or organizations possessing a high degree of professional, unique, specialized, technical skill or expertise. (g) Public Works Project as defined in California Public Contract Code Section 20161 is "(a) a project for the erection, improvement, painting or repair of public buildings and works. (b) Work in or about streams, bays, waterfronts, embankments, or other work for protection against overflow. (c) Street or sewer work except maintenance or repair. (d) Furnishing supplies or materials for any such project, including maintenance or repair of streets or sewers. (h) Responsive Bidder shall mean a bidder who has placed an offer to furnish supplies, materials, equipment, or contractual services in conformity with the specifications, delivery terms, conditions and other requirements included in the request for bids. (i) Services shall mean any and all services, including but not limited to equipment services contracts. il) Surplus Personal Property shall mean any personal property that is no longer needed or useable by the City. E Section_ 3.24.030 Decentralized Purchasing — The purchase of supplies, services, and equipment is the responsibility of the individual departments requiring said supplies, services, and equipment. It is the responsibility of the Department Director to ensure the adherence to the procedures prescribed in this Chapter. 3.24.040_ Contractual Authority — Provided there is adequate unencumbered budget in the account against which the expenditure is to be charged: (a) Purchases of supplies, services and equipment of an estimated value less than five thousand dollars ($5,000) shall be approved by a Department Director or designee. (b) Purchases with an estimated value greater than five thousand dollars ($5,000) and up to ten thousand dollars ($10,000) shall be approved by the Assistant City Manager or designee. (c) Purchases with an estimated value greater than ten thousand dollars ($10,000) and up to twenty five thousand dollars ($25,000) shall be approved by the City Manager or designee. (d) Purchases with an estimated value greater than twenty-five thousand dollars ($25,000) shall be approved by the City Council. In the case where there does not exist an available unencumbered budget, the contract authorization set forth above shall not exceed five thousand dollars ($5,000). Section 3.24.050 Bid Procedures — Purchases of supplies, services, and equipment with an estimated value of greater than $2,500 shall be by bid procedures pursuant to this section, except as otherwise provided in this Chapter. (a) Minimum number of bids. Purchases shall be based on at least three bids, and shall be awarded to the lowest responsive and responsible bidder. (b) Solicitation of Bids. The City staff may solicit quotations by telephone or written requests to prospective bidders. Written solicitation of bids may be by mailed solicitation, posting, or by publication in a newspaper of general circulation or in trade journals. (c) Response to Solicitation. If purchase cost is estimated to be five thousand ($5,000) or less, oral bids may be accepted. If the purchase cost is estimated to be in excess of five thousand dollars, ($5,000) written bids shall be obtained. 3 (d) Rejection of bids. The City may reject any and all bids for any reason and may waive any irregularity in any bid that does not create an undue or unfair advantage to the bidder. (e) Cost of bid preparation. The cost of bid preparation shall be borne entirely by bidders and shall in no circumstance be a charge against the City. (f) Record of bids. The records of bid shall be kept in accordance with the approved record retention policy. (g) Performance bond. The City may in its discretion require a performance bond of the successful bidder in the full amount of the contract price. Section 3.24.060 Purchases without Bidding - Bidding shall not be required when one of the following conditions pertains: (a) The amount of the purchase has a total estimated value of less than two thousand five hundred dollars ($2,500). (b) Sole source purchases such as legal advertising, utilities, conferences, transit passes and Sheriff's department services (c) An essential or critical need requires that an order be placed with the best available source of supply due to time constraints. (d) Purchases from vendors on the City Council Approved Vendor's List. (e) If, at the discretion of the City Manager, and upon a finding supported with written documentation, it is in the City's best interest in regard to product uniformity, total cost of acquisition, and/or similar considerations. These purchases must be approved by the City Manager or his/her designee. (f) Purchases made through a Cooperative Purchasing Program utilizing purchasing agreements maintained by the State, County, or other public agencies. Section 3.24.070. Temporary Staffing, Professional and Consultant Services. Proposals for all temporary staffing, professional and consultant services may be obtained pursuant to procedures determined by the City Manager. Selection shall be on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the services required. It is not mandatory that a contract for temporary staffing, .19 professional and consultant services be awarded to the lowest bidder when it is believed that the quality of service or technical expertise provided by a higher bidder warrants their selection. Reasons for the selection of any bidder other than the lowest bidders shall be in writing and shall be retained with the record of bids. Section_ 3.24,080 Requisitions and Purchase_ Orders — Except as provided in Sections 3.24.110 and 3.24.120, below, purchase of supplies, services and equipment where the cost exceeds $2,500 shall require a requisition and purchase order. Requisitions shall be approved by the issuing Department Director, Assistant City Manager or City Manager as prescribed in Section 3.24.040. After other approvals are received all requisitions will be reviewed by the Finance Director or designee for budgetary and purchasing policy compliance. Upon final approval, the requisition will be converted to a Purchase Order and the funds will be encumbered. A requisition and purchase order may be issued for items costing less than $2,500 if required by the vendor or if the department wishes to use the purchase order as a mechanism to encumber funds. Section 3.24.090 Encumbrance of Funds — Except in cases of emergency, the issuing Department Director shall not issue any purchase order for supplies, services, or equipment unless there exists an unencumbered appropriation in the account against which said purchase is to be charged. If when the purchase order is posted the account appears to be over budget, the Department Director shall create a budget transfer to cover said overage immediately. Section 3.24.100 — Change Orders — Purchase Orders represent a contract between the City and the Vendor. Any substantial change to a Purchase Order shall be documented as a change order. Change orders shall be reviewed by the Finance Director and shall be approved by the City Manager. A purchase order may not be increased by more than 10% or $2,500 whichever is less, without a change order. If the contract is awarded by the City Council, the City Council may approve a contingency in addition to the contract award. The City Manager may approve change orders on City Council approved contracts up to the contingency amount. If the change order exceeds the contingency it must be taken to the City Council for additional authorization. Section 3.24.110 Citv Credit Card Usage —Under certain circumstances, the use of a City credit card may be the most appropriate method of payment for purchases in lieu of . The following policies and procedures are established to insure internal control and timely payment of charges. City credit cards shall be available to the City Council and staff for the conduct of official City business, including but not limited to the following purposes: (a) To charge the cost of meals when required in the conduct of official business, except when an employee has received a travel advance. 7 (b) Authorized travel expenses and hotel charges. (c) Gasoline purchases. (d) Other circumstances where the use of a credit card best meets the needs as determined by the Department Director. The Citywide credit cards will be safeguarded by the Finance Department. These credit cards must be checked out through the Finance Department staff. A signed Credit Card Usage Authorization form will be required prior to the release of the credit cards. All receipts shall be turned in to the Finance Department staff when the credit card is returned. Purchase made with credit cards shall follow normal budgetary guidelines and purchasing regulations. Section 3.24.120 Emergency Purchases --- The City Manager may authorize emergency purchases free of all provisions of this Chapter upon showing by any Department Director that the purchase required is for the immediate preservation of health, safety and welfare, repair to existing City equipment which impacts ongoing City operations, or for the protection of property. There must be a present, immediate and existing emergency that could not reasonably be foreseen. A confirming Purchase Order must be completed after the emergency. Section 3.24.130 Vendor List Procurement - In January each year, City Staff will establish an ''Approved Vendor List" and present it to the City Council for approval. This list will be comprised of vendors who have consistently provided excellent service to the City. This will be based on City standards for quality and price of services meaning that they have traditionally been the lowest bidder, they can deliver goods or services on time, or they consistently meet or exceed product/service specifications. Vendors on the Approved Vendor List shall be evaluated regularly by City staff for quality and price. Vendors not meeting City Standards may be removed by the City Manager or designee at any time. Once removed, a vendor may be reconsidered for placement on the Approved Vendor List the following January. Section 3.24.140 Sale Source Procurement - Situations in which a procurement of any product is obtainable only from a single vendor or sole source, and is not adaptable to competitive bidding. The Department Director upon approval of the City Manager shall negotiate with the vendor so that the City receives a fair and equitable price for the desired supplies, service, equipment or product. Section 3.24.150 Cooperative Purchasing Programs — Purchases may be made under a cooperative purchasing program, utilizing purchasing agreements maintained by the State, County, or other public agencies are exempted from the requirements of this Chapter. California Public Contract Code Section 10324 authorizes the Department of General Services to make purchases of supplies, equipment or materials on behalf of cities in those instances when the purchases can be made by the Department of General Services at a purchase price lower than the City can obtain through its normal purchasing procedures. In those instances where it is determined that purchasing through the State, the County or other governmental agency will result in savings to the City, the City is authorized to make such purchases. Section 3.24,160 Local Preference — In order to promote the economic health of the City and to encourage local participation in the procurement process, the City in determining the lowest responsible bidder may take in to consideration the sales tax (one percent) which would be returned to the City as prescribed in this Section. (a) Definition. Whenever used in this section, the phrase "local bidder/vendor" shall mean a business, firm, or enterprise with fixed offices or locally taxable distribution points within the City, which holds a valid business registration issued by the City, and bearing a street address within the City. (b) Local Preference, In awarding purchase orders and contracts for supplies and equipment, the City may grant a preference of one percent to local bidder/vendors. The bids of all local bidder/vendors shall be reduced by one percent prior to determining the lowest bidder. The preference shall not exceed five thousand dollars ($5,000.00) for any single purchase order or contract. (c) Identical Bids. If' after applying the preference provided for in subsection (b) of this section, identical bids are submitted by a local bidder/vender and a bidder who is not local, the contract shall be awarded to the local bidderlvendor. Identical bids by two or more focal bidder/vendors shall be determined by the toss of a coin. (d) Exceptions. Notwithstanding the foregoing, the provisions of this section shall not apply under any of the following circumstances: 1. When application of the provisions of this section is prohibited by state or federal law or the requirements of a state or federal grant; 2. When a contract with the City to purchase supplies and equipment will be funded in whole or in part by donations or 7 gifts to the City, to the extent that the provisions of this section would conflict with any conditions attached by the donor of the donation, provided that the donation and any conditions attached to it have been accepted and approved by the City Council; 3. When the City Manager determines that a contract with the City to purchase supplies and equipment results from exigent circumstances, and also determines either that any delay in the execution or performance of the contract would jeopardize the public health, safety, or welfare of the citizens of the City, or that the operational effectiveness of a significant municipal function would be seriously threatened if the contract were not entered into expeditiously. (e) Good Faith Effort to Contact Local Merchants. The City shall make a good faith effort when soliciting bids for supplies or equipment to solicit bids or proposals from local merchants. (f) City Manager Authorization. The City Manager, or his or her designee, may promulgate rules and regulations to implement the provisions of this section. (g) Enforcement and Penalties, In the event that the City Manager, or his or her designee, makes a finding that a bidder for a contract has made an intentional misstatement in order to obtain a local merchant preference under regulations adopted pursuant to this section, the bidder may be subject to any remedy available to the City at law or equity. A finding by the City Manager, or his or her designee, that a bidder for a contract has made an intentional misstatement in order to obtain a local merchant preference shall be regarded by the City Council as a basis for determining whether the bidder is a responsible bidder for the present contract or for future contracts. 2. A bidder who has been disqualified as a responsible bidder by a determination of the City Council, based on a finding by the City Manager, or his or her designee, that the bidder made an intentional misstatement in order to obtain a local merchant preference, shall be disqualified from bidding on all contracts with the city for a period of not less than one year from the date of the disqualification, as determined by the City Council. Section 3.24.170 Use of Recycled Materials — All departments shall purchase and use recycled products and recycled materials when available unless determined by the City Manager to be financially infeasible. The City may at its option require its contractors and consultants to use recycled products in fulfilling contractual obligations Section 3.24.180 Bidding for Public Works Projects — Public works projects shall be bid, advertised and awarded in accordance with applicable sections of the California Public Contract Code. Section 3.24.190 Surplus Personal Property — Each department shall periodically review its equipment and inventory and complete a surplus property list for items deemed surplus or have become obsolete or worn out. The completed list shall be submitted to the City Manager's office. (a) Trade in. The City Manager or designee shall have the authority to exchange for or trade in on new equipment surplus personal property. (b) Sale. The City Manager shall have the authority to dispose of surplus personal property by auction, sealed bids, for scrap or negotiated sale, whichever in the City Manager's judgment will provide the maximum return to the City, (c) Disposed as trash. When the cost of locating a buyer exceeds the estimated sale price of surplus personal property or the item is obsolete or worn out or of minimal value, the City Manager may recycle, destroy or dispose of the item as trash. (d) Disposed as gifts. The City Manager subject to the approval of the City Council may give surplus personal property to another public agency or special district such as a school district or library. Section 2. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be published as required by law. ADOPTED AND APPROVED this day of , 2006. Mayor 9 2006-2007 Goals & Objec Economic Development Staff Co Work with Charles Co./Arman Gabay to get more high volume Met with developer and are waiting retailer to replace K-Mart/Develop K-Mart/Jolly Bagel/Medical district, which is expected within 60 Center Block Create and implement a plan using economic development funds Conducted a Economic Developme to secure long term revenue sources for the future of the City. and established priorities for areas Spell out the City's Economic Development Plan in 1, 5, and 10 year increments, and market the plan to the community opportunities Create strategic plan for creating a high quality commercial Reed Property purchase escrow. activity center for long term revenue source for City at the DB land use designation report for DB, Golf Course. Evaluate Site D and work with owner to build a minimum of 50% Received Specific Plan proposal fn: commercial development 2006 to review SP proposal and M( Modify City's website to include all retail centers with of list of The DB Chamber has produced a c each business/retailer located there so that residents know what hopes to expand it to an online vers businesses are located in DB Develop a Dynamic Center The purchase of the Reed Property dynamic center at the DB Golf Cow Create and implement business to business marketing program. Include questions about what retailers/stores/chains that Working with Chamber of Commen residents want in Diamond Bar on new Citizen Satsfaction survey survey. Transportation Staff Col Budgeted $500k in FY 06-07 to con communication cables by the end o Complete signal interconnect project and get the digital to be considered/approved by the C synchronization system up and running been prepared and will be released the signal control system at the DB Maintain opposition to 60 Freeway truck only lane (unless as part Monitoring MTA's Multi -County Goods Movement Action Plan of 57/60 "final fix Monitor and participate in the Lemon Avenue offramp project Participating in the monthly Project Development Team meetings Continue to pursue 57/60 long-term fix. MTA's 57/60 Feasibility Study is underway, to be completed by Summer 2007 Brea Cyn. Rd. grade separation project is underway. Staff participates in weekly Support ACE funding requests and construction of nearby rail meetings with the construction team. Completion of construction is anticipated grade crossing projects for Summer 2008. Review parking ordinances (including oversized commercial vehicles, RV parking, and vehicles exceeding 8000 pounds) from both LA County and surrounding cities, and develop a similar Will bring back a study for Council consideration by October 2006 ordinance for the City to promote safety and maintain property values. Other Issues Staff Comments/Updates Pursue library bond application for 2006 State Bond Measure did not pass City conducted a revised appraisal, which found the value of the property to be Pursue purchase of Lots 1 & 61. $975,000. City initiated an offer to purchase the property in December, but the owner did not respond. Numerous follow-up attempts have been ignored. Expand sphere of influence to incorporate properties west and southwest of the city by creating a pre -annexation agreement for Staff has met with LAFCO. Applications for annexation and sphere of influence the Shell Oil Property and by establishing contiguous expansion are concurrent. Process is underway with AERA and the County, neighborhoods within City ZIP Code and WVUSD by annexing including a MOU and Pre -Annexation agreement. two existing hous Create a strategy to build a library if State grant funding fails. Process to place measure on Nov. 06 ballot is underway Monitor and evaluate proposals for development in areas such as Continue to monitor Tres Hermanos and Tonner Canyon areas; and staff is Tres Hermanos, Tonner Cyn., and the Shell Oil property. working closely with Aera energy (shell property) for annexation Staff is still working on the joint use agreement for Lorbeer Middle School with Pursue and promote joint developmentluse of facilities, parks, Pomona Unified School District. If the agreement is approved by both the City and open space with PUSD & WVUSD. and School District, major improvements to the football field at Lorbeer will be constructed next year Provide a conceptual outline (cost/benefit analysis) for the Staff has done extensive research on municipal W iFi, and is pursuing legal delivery of wireless internet service to the community. o tions to secure pole space from SCE needed to move forward. City of Industry Property at west end of Golden Springs & Staff has has initial conver Calbourne for park and City Yard (5-6 Acres) waiting on the Mayor of In( information. The Youth Master Plan we Pomona Unified School Di document has been prese District Board and they hai Follow up with recommendations from the Youth Master Plan collaborative has been est when completed. has been formed (DB4Yot 3rd Monday and they work primarily at teens, the Mid( planning another Middle Si The design for trail access Implement Trails Master Plan focusing on areas around the new Creek Canyon / Steep Car Diamond Bar Center. through the plan check pre completed, Master Sign Program within shopping areas. Citywide brandinq prograrr Establish a fund for current library enhancements. New planters, picnic tables the Council in FY 05-06 Develop a tree replacement program for major streets (DB Blvd., Pathfinder, Golden Springs, Grand, etc.). Break the City up into 5- With the tree inventory nov 10 zones, and each year, remove the pine and eucalyptus trees meets this goal. Staff inten mmbud ^d • ^I- - with ^annual icer trees et r FY g process to pay 1 Establish semi- Town Forums for citizens to discuss Staff has conducted numei issues of concern including a Goal Setting Forum. discuss specific traffic issu This area is now known as Obtain Larkstone Park agreement Development Department i the developer (J.C.C.) and includes Larkstone Park as Implement Larkstone Park project (a portion of the park could be Discussion on this area, ne used as a natural 'laboratory" for Iocal schools, colleges, & to start until the Sandstone universities). and Site D project agreem( WVUSD School Board. Establish contiguous neighborhoods within City ZIP code. City supported Huff resoluti scope of DBTV Channel 3 Establishment of City Public Works yard for equipment storage. Windmill located at the Ralph's Shopping Center by i it as a historical landmark and pursuing ownership. New productions underway, including plans for a quarterly newsmagazine show. Adelphia settlement ($75,000) will be used to develop and produce new programming Staff has reviewed several locations and is planning to present options to the Citv Council within the next six months. Staff will present options at the 7/18/06 City Council meeting Goals & Objectives Updates The following items from the 2005-2006 Goals & Objectives list have been removed by the Council, completed, or in process, and do not appear on the 2006-2007 list. I . Push for the conversion of K -Mart to a store that would bring higher income tax revenue, such as a Sears Essential store 2. Establish a supermarket in south Diamond Bar, and work with the developer to attract businesses that will ensure a minimum of $150-200k in sales tax revenue per year 3. Continue to pursue a Tonner Canyon Bypass Road 4. Monitor and participate in the Lemon Avenue offramp project 5. City Council and Staff Visioning 6. Development of a DBTV internship for local high school and college students 7. Look into cost effective City medical coverage 8. Wall improvements on the north and south sides of Pathfinder Rd. from the 57 Freeway easterly provided we receive funding City of Diamond Bar Community Organization Support Fund Analysis • All Inclusive as of 06/30106 97-98 98-99 99-00 00-01 01-02 02-03 03-04 Total Amt Function Amount Function Amount Function Amount Function Amount Function Amount Function Amount Function Amour PUSD Lomeer Middle Sch1 700.00 Evening of Stars 100.00 Evening of Star, 500.00 Lomeer PTSO.. 50,00 --- -Cam Support. 50.00 - - DRHS - Boosters 1,962.52 Support Agrmt 562.52 Casino 1491.. 300.00 Auction - Spnsr 500.00 Casino Nght}Spnsr 300.00 Golf Tmmnt 30( 1,650.00 Gulf Tmmt Spnsr 650.00 Golf Tmmt Spnsr $00,00 Golf Tmmt Spnsr 500.00 _ 000 Organization Totals 3,612.52 562.52 000 950.00 1,000.00 800.00 30( OR Panther Pride Ass.. 600 00 Com Support 300.00 750 W - 0aseball Banner - 250 00 Golf Tmmnt 50000 Co. Support -.50000 -Or amzahon Totals 1 55000 0.00 1,05006 DRHS ..SIX Ganesha HIS -6strs - 1,06252 Sappon Agrmt 56252 Com Support.'. 500,00 TOTALli 6,925.04 1,125,04 500.00 950,00 1,000.00 90000 1.550.00 80( WUSD DBHS 3,000.00 Golf Tr Banquet 1,500.00 Com Support 700.00 Ad -Sports Calndr 300.00. Com Support 50C 2,50000 Com Support 1,500.00 500.00 Mock Tnal Team 500.00 800 00 Virtual Enterpnse 500,00 Virtual Enterprise 300.00 150.00 Concert Choir 150.00 750.00 Evt S onsor 750.00 Ora.... no, Tatals 7,700.00 0.00 2,250.00 1 2,700.00 0,00 650.00 600.00 50C Brahma Foundation 292503 Support Agrmt 1125.03 Evt Sponsor 800.00 Camival:Spnsr 30000 Casino Ngh(Spsr 2IX Chaparral M Schoa€ 3,000.00 Com Support 2,500.00 Nall Finals -Music 500 00 SP Middle Schi0 395000 -Com Support= -2;500:00 Ensemble Tripe 75000'- Instruments ::50000 VVUSO 80000 Banner 300.00 Cam Support 500.00 VVV Educ Foundaton - 400000 :. Com:Support - 1000.00. Golf Tmml Spnsr 500.00 Golf Trnmt Spnsr 500.00 Com Support -.500:00 Gulf Tmni :50C 10000 ,. EvtS nsr .100.00 Organ ion Total 4100.00 0.00 '.0.00 100000 - - 500.00" "'600.00 50000 - 50C 26,575.03 1,125.03 5550.00 430000 1,250.00 3750.00 2,600.00 1,200 American Red Cross 100.00 Golf Tmml Spnsr 100.00 AYSO - 3,525.03 Support Agnit -. 1,125.03 Com Support 2,000.00 Com Support - '.-150.00 C.m Supp.n :--250,00 CAAP 2,912.88 Golf Trnmt Spnsr 500.00 Masquerade Ball 500.00 Com Support 1,000,00 611, History Mo 412 OB Chamber of Com 1,125,00 --. _ Golf Trnmt Spnsr : 625.00 - Gott Tri Spnsr 150.00 Fund Raiser.- 50.00 DB Chinese Assn 11,275.03 Support Agrmt 1,125.03 Cam Support 2,000.00 Com Support 2,00000 Com Support 2.000.00 Com Support 15000 Com Support 1,000.00 Event Spnsr 1,000 600.00 Com Support 600.00 Organization Totals 11,875.03 1,125.03 2,000.00 2,000.00 2,000.00 750.00 1,000 1,000 DB Imp Assn - '.1 775.00 ' ,w w City of Diamond Bar Community Organization Support Fund -100.00 Golf Tall 10 Meals on VJneels. Analysis -All Inclusive as of 06/30/06 Co. Support 97-98 98-99 99-00 00-01 01-02 01-02 01-03 03-04 Total Amt Function Amount Function Amount Function Amount Function Amount Function Function Amount Function Amou League 3,000.00 Com Support 2,500.00 Com Support 100.00 Com Support 2C % 10000 EN Spnsr : Golf Tmml Spnsr - 100.00 ML Sac —c 200.00 Com Support - Ad 100-00 Cam Support - Ad 100.00 N the Library - 13,2$3.75, Sup port Agrmt _ 112503 Com Support' 2,OW 00 W Soiree Spnsr 1,58250 Wine Soiree Spnsr: 1829.80 W ,Soiree Spnsr 8$$;00 V'Ine Soiree _1,55500 Read Together Brit 2, 7C ....... a .,.....�.i ,w w Com Supp -r1 -100.00 Golf Tall 10 Meals on VJneels. 16,000.00 Co. Support 2.500.00 Com Support 2,500.00 Com Support 2,500.00 Com Supped 2,500.00 Com Support 2,00 Mrs. Diamond Be, : 12,00000 Evt Sponsor 150000 Svl Sponsor 1,SOO.W EBF Spnsr 7500 OD'.. Evt Spnsr 1,500.00 Evt Spnsr1;50000 EN Spnsr ML Sac 400.00 Evt Spnsr 100.00 Pal fres, Youth .::I 3,02500 225000 Com Support 50050 GolfTmmt Spnsr 10000 Fund Raiser ::: 1,000:00 Golf Tinmf-Spnsr _..-12500 Organ>ation Total = 4125,00 000'. OW _ 50000 Cam Su rt %Dl 25 10000: 1,000.00 1;12500 .PS Pop blamer Football1,940.58 Carnival Fee W,,, 440.58 Com Support 500.00 Cam Support 50, 1,000.00 Fund Raiser 1,000.00 100.00 Co. 8.2p.d 100.00 Organization Total 3,040.58 0.00 0.00 0.00 0.00 1,540.58 500.00 501 Project Sister 1,56252 Support Agrmt - 562:52: Com SupPart. ' );000 00 SlSfer City 7,625 03 Support Agrml 1,125.03 Gain Support 2,500.00 Com SUPPOd 2,000.00 Com Support 2,000 00 Sunshine Senior Group 1,400.00 STAR Genter/SANE 675.00 Golf Tmmi Spear 27500 W/DB Explorers. 200.00 ComSuppart ',:200 W Walnut Rotary 2,100.00 Golf Trnmt Spnsr 10000 Co. Support 500.00 Golf Trnml Spnsr 50000 Golf Tmmt Spnsr 500.00 Golf Trnmt Spin sr 50( W/D'I, All-American 350.00 Com Support 250 W: GoI(Tmmnt-:1IX WJ KiwanislShd Bstrs 325.00 Golf Tee Spnsr 100.00 Golf Tmmnt 10[ WISOl08 Shrf Bstrs 10000 " GolfTmmnt , :1 OC YMCA 6,275.03 Support Agrmt - 1,125.03 Cam SuppoM1 2.000 00 GOIf Tmmt Spnsr 150.00 Golf Tmmt-Brkfst 500,00 Golf Trnmt-Bddst 500.00 Com Support 5110.00 Golf Tmmt 50( Organization Totals 121000.00 12,775.03 1,125.03 Com Su ort 2,000 00 Com "anon 2 000.00 Annl Fd Raiser 2,00000 Annl Fd Raiser 2,000.00 Com Su oil 2,00( 2,000.00 2,150.00 2,500.00 2,500.00 2,500.00 2,50C i999For Kids-.SherTotals : 1,00000 Grand Totals S144.097-56 I SB d37 74 2006-2007 Goals & Objectives Economic Development Staff Comments/Updates Work with Charles Co./Arman Gabay to get more high volume Met with developer and are waiting for Gabay to request a vehicle parking retailer to replace K-Mart/Develop K-Mart/Jolly Bagel/Medical district, which is expected within 60 days. Center Block Create and implement a plan using economic development funds Conducted a Economic Development Summit on February 6, 2006 with Council to secure long term revenue sources for the future of the City. and established priorities for areas that have economic development Spell out the City's Economic Development Plan in 1, 5, and 10 opportunities year increments, and market the plan to the community Create strategic plan for creating a high quality commercial Reed Property purchase in escrow. City has hired Charles Pigg to produce a activity center for long term revenue source for City at the DB land use designation report for DB Golf Course Golf Course. Evaluate Site D and work with owner to build a minimum of 50% Received Specific Plan proposal from consultant, meeting WVUSD on July 18, commercial development 2006 to review SP proposal and MOU Modify City's website to include all retail centers with of list of The DB Chamber has produced a directory of Diamond Bar businesses and each business/retailer located there so that residents know what hopes to expand it to an online version as well businesses are located in DB The purchase of the Reed Property may open doors to the development of a Develop a Dynamic Center dynamic center at the DS Golf Course Create and implement business to business marketing program. Include questions about what retailers/stores/chains that Working with Chamber of Commerce for the businesses program and citizen residents want in Diamond Bar on new Citizen Satsfaction survey surve . Trans ortation Staff Comments/Updates Budgeted $500k in FY 06-07 to complete/connect all signals by interconnect communication cables by the end of 2007. Cooperation Agreement with lA Co. Complete signal interconnect project and get the digital to be considered/approved by the City Council on 7/18/06. A draft RFP has synchronization system up and running been prepared and will be released by the middle of Aug. to retain a vendor for the signal control system at the DB Traffic Mgmt. Center at City Hall. L� TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: 7 1 `zzS3 (Z,�,Ugei,�u. PHONE: 3 (,nfl--�,,f 1 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. re VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: SO 4'�1G1 �hur� DATE: 7 ADDRESS: 2cGa PHONE: Oq 650-kS03 ORGANIZATION: Pry) -Du? fop, { DS - 40) nesS 0), ov eyl AGENDA #/SUBJECT: -- �QC115 yiudya'v�e Y I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK' DATE:�k �ld � PHONE: G/ )0/ti I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK / ?MCL- NICLil� C!.4 - 40 OKJ O r/CrG DATE: /Z &'4 �rG PHONE: Z, ?-7- 7� C, I expect to address the Council on the subject ag.enda item. Please have the Council Minutes reflect m) name and address as written above.' Signatu