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8/1/2006 .
Tuesday, August 1, 2006 5:30 p.ra. — Study Session CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive Diamond Bar, CA 91765 Mayor Carol Herrera Mayor Pro Tem Bob Zirbes Council Member Wen Chang Council Member Jack Tanaka Council Member Steve Tye City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the smatter, 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.cat.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with mobility impairments who cannot access the podium in order to make a public comment. Sign language interpretation is available by providing the City Clerk three business days' notice in advance of a meeting. Please telephone (909) 839-7000 between 7:30 a.m. and 5:30 p.m. Monday through Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 CITY OF DIAMOND BAR CITY COUNCIL AGENDA August 1, 2006 Next Resolution No. 2006-66 Next Ordinance No. 06(2006) CLOSED SESSION: None STUDY SESSION: 5:30 p.m., Room CC -8 ► Discussion of CFD (Library) Ballot Measure Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Mindy Chamberlain, Early Childhood Director, Diamond Canyon Christian Church ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes, Mayor Herrera APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None 1.1 Introduction of City Manager James DeStefano Recess/Reception: Reconvene: 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Update by Rick Meza with SCE Re: Recent Electrical Problems due to the Heatwave. AUGUST 1, 2006 PAGE 2 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC: COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. C• SCHEDULE OF FUTURE EVENTS: 5.1 Concerts in the Park (Cold Duck) 70's Top 40) — August 2, 2006 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. National Night Out. 5.2 Planning Commission Meeting — August 8, 2006 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 Concerts in the Park — (Mark Wood & the Parrot Head Band Jimmy Buffet Tribute Band) - August 9, 2006 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr. Last Concert of the Series. 5.4 Traffic and Transportation Commission Meeting — August 10, 2006 — Adjourned due an anticipated lack of quorum. 5.5 City Council Meeting — August 15, 2006 — 6:30 p.m., Auditorium, AQ MD/Govern merit Center, 21865 Copley Dr. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session of July 18, 2006- Approve as submitted. 6.1.2 Regular Meeting of July 18, 2006 — Approve as submitted. 6.2 Ratification of Check Register — Ratify Check Registers containing checks dated June 26, 2006 and July 14, 2006 through July 27, 2006 totaling $852,376.41. AUGUST 1, 2006 PAGE 3 6.3 Treasurer's Statement - month of June, 2006 — Review and Approve. Requested by: Finance Division 6.4 Approval of Contract Amendment No. 9 with David Evans and Associates, Inc. for $50,000 Plus a Contingency of $5,000 for a Total Authorization of $55,000 to Provide Design Services for Lorbeer Football Field and Slope. Recommended Action: Approve Requested by: Community Services Department 6.5 Approval of Amendment to Graffiti Removal Contract with Graffiti Control Systems in the Amount of $3,000 for a Total Contract Amount of $48,000 for FY 2005-06 Budget. Recommended Action: Approve. Requested by: Community Development Department 6.6 (a) Approval of Plans and Specifications and Award Construction Contract for the Grand Ave. Street Improvements Project, Phase If in the Amount of $1,453,000 to Sully -Miller Contracting Co.; and Authorize a Contingency Amount of $102,000 for Contract Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $1,555,000. Recommended Action: Approve and Award. (b) Approval of Contract Amendment with DMS Consultants, Inc. (DMS) for Construction Management Services in the Amount of $114,462 Plus a Contingency Amount of $10,000 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $124„462 for the Grand Avenue Street Improvements Project, Phase If. Recommended Action: Approve. Requested by: Public Works Department AUGUST 1, 2006 PAGE 4 6.7 Approval of Second Reading and Adoption of Ordinance No. 05(2006) Revising the City's Purchasing System and Amending the Diamond Bar Municipal Code. Recommended Action: Adopt. Requested by: Finance Department 6.8 Appropriate $2,000 Donation from the Diamond Bar Community Foundation to the FY 2006/07 Budget for the "Sunday at the Center" Fine Arts Show Scheduled for Sunday, November 19, 2006. Recommended Action: Approve. Requested by: Community Services Department 6.9 Adopt Resolution No. 2006 -XX: Establishing an Approved Vendor List as defined by Ordinance No. 05(2006). Recommended Action: Adopt. Requested by: Finance Department 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard 7.1 Public Hearing — Community Facilities District 2006-1(Diamond Bar Library) (a) Adopt Resolution No. 2006 -XX: Establishing Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library), Authorizing the Levy of Special Taxes and Calling Elections 'Therein. (b) Adopt Resolution No. 2006 -XX: of the City Council of the City of Diamond Bar Acting as the Legislative Body of Community Facilities District No. 2006-11 of the City of Diamond Bar (Diamond Bar Library) Determining the Necessity to Incur Bonded Indebtedness Within Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library) and Calling Election Therein. Recommended Action: Open the Public Hearing, Receive Testimony, Close the Public Hearing and Adopt Resolutions. Requested by: City Manager AUGUST 1, 2006 PAGE 5 8. COUNCIL CONSIDERATION: 8.1 Adopt Resolution No. 2006 -XX: A Resolution of the City Council of the City of Diamond Bar, California, Acting as the Legislative Body of Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library), Requesting the Board of Supervisors of the County of Los Angeles to Consolidate a Special Municipal Election to be Held on Tuesday, November 7, 2006 with the Statewide General Election to be Held on the Date Pursuant to § 10403 of the Elections Code. Recommended Action: Adopt. Requested by: City Clerk 8.2 Approve First Reading of Ordinance No. 0X(2006): Amending Section 18.108.0150 of the Diamond Bar Municipal Code Relating to Floodplain Management Regulations. Recommended Action: Approve for First Reading by Title only and waive full reading. Requested by: Public Works Department 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JULY 18, 2006 f)I?AFr STUDY SESSION: Mayor Herrera called the Study Session to order at 5:35 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Tanaka, Tye, Mayor Pro Tem Zirbes and Mayor Herrera. Also Present: Linda Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Nancy Fong, Community Development Director; Ken Desforges, IS Director; Kim Crews, Human Resources Manager; Ryan McLean, Senior Management Analyst, Rick Yee, Senior Engineer; Kimberly Molina, Assoc. Engineer and Tommye Cribbins, City Clerk. ► City Council Goals Update ► Community Organization Fund 1) COMMUNITY ORGANIZATION FUND CM/Lowry updated the Council on the Community Organization Fund. She reported that CC/Cribbins sent reminders to the various groups that they had unused allocations. CM/Lowry asked Council to advise staff whether they wished to roll similar allocations forward into next year or amend the current allocations. M/Herrera said she was inclined to continue with the current allocations to the various organizations. MPT/Zirbes was surprised that some of the organizations had requested funds and not utilized them. M/Herrera stated that Sister City had repeatedly requested funds and that the group had submitted documentation to resolve a discrepancy in the fund documents. C/Tye asked if an amount was deducted from the "Friends" allocation for the cost of putting up banners. CSD/Rose responded that the cost of the banners was not part of the contribution. JULY 18, 2006 PAGE 2 CC STUDY SESSION C/Tye remembered that: the cost was $760 and felt it should be moved from "unpaid" to "utilized otherwise." CSD/Rose said he would verify the item. C/Chang felt that Sister City didn't do anything for D.B. and that the allocation should be eliminated unless the organization could come up with good cause for the allocation. He suggested that the unused funds be available for requests by students and others that are attending certain events. C/Tye recalled that C/Chang was instrumental in setting up the Sister City relationship and believed the allocation was to support the premise and not necessarily requiring that the money be spent in D.B. MPT/Zirbes recommended rolling the $20,000 back in to provide a "pool" of funds for any organization that might come forward requesting funds during the year. M/Herrera reminded Council that the Finance Committee no longer exists and since there is no committee that meets on a regular basis to discuss finances it has become somewhat automatic for the organizations to receive funds as previously designated. She said she was not in favor of providing money to individuals for trips, for example because this is a community organization support fund. She agreed with setting the $20,000 aside and when requests were received the Council could discuss the item during a study session. C/Chang said that in some instances individuals representing schools and/or organizations might be sent to Carnegie Hall, for example, as the representatives of the school or organization and for this reason he felt that each request should be discussed on its merit. CM/Lowry confirmed that the $19,725 would be a good starting point for the allocation based on the previous year and whatever was left would be added into the balance and be available for 2006/07. 2) CITY COUNCIL GOALS UPDATE Council concurred to re-insert "Pursue a bypass road through Tonner Canyon" under Transportation issues. Economic Development 1) Kmart - ACM/Doyle reported that Kosmont met with Mr. Gabay last week. He is reorganizing his team and intends to proceed with a financial and tax analysis as well as look at parking issues. Mr. Gabay will then bring a proposed project to staff in about 60 days. 2) Economic Development - On track JULY 18, 2006 PAGE 3 CC STUDY SESSION 3) Golf Course - The: Reed property (160 -acres) is in escrow and staff is looking at alternative designs for pulling in another 100 acres or bleeding into property owned by the City of Industry. Staff has received positive input from the County Council, County Parks and Recreation and County Supervisor's Office. Staff has engaged the services of Charles Pigg to provide land use designations and conceptual design as the property exists. 4) Site D - ACM/Doyle stated that staff received a proposal from a consultant who has worked with the School District for many years on a number of their properties including Site D. Staff intends to discuss the proposal with the consultant tomorrow and staff has put together an agreement for the City to pay for a Specific Plan study (Land Use and EIR). 5) City's Website to Include Retail Centers - CM/Lowry said that staff did not have adequate data to proceed. CM/Doyle stated that in addition, there was insufficient staff time to manage, update, monitor and maintain such information. However, the Chamber would be in a better position to monitor the information and staff is attempting to form a partnership with them to create the website and update the information on a regular basis. Staff is waiting for the Chamber to bring a proposal forward so that it can be brought before the Council. 6) Dynamic Center - Staff interpreted this goal to be in conjunction with the golf course project. 7) Business to Business Marketing - CM/Lowry explained that this was another goal that was referred to the Chamber for handling through their website. Transportation 1) Signal Interconnect - CM/Lowry stated that money was appropriated for this project and that this item is on tonight's agenda for Council consideration. 2) 60 Freeway Truck Lanes - M/Herrera reported that SCAG sees their plan of moving truck traffic from the 710 to a double -deck of the SR60 as the solution for movement of goods and the proposal includes the elimination of houses in D.B. For this reason she continues to involve herself in committees to track the plan. 3) Lemon Avenue Off -Ramp Project - CM/Lowry said the project is progressing and staff is working with the City of Industry staff and MTA to make certain that the process would involve all interested jurisdictions. She believed that there would be three options brought forward for the Council's review. JULY 18, 2006 PAGE 4 CC STUDY SESSION 4) 57160 Long-term Fix - CM/Lowry reported that the feasibility study is underway and completion is expected for next summer. 5) ACE - CM/Lowry reported that the Brea Canyon Road project is underway. 6) Parking Ordinance - CM/Lowry stated that this issue would come back to the Council for consideration in October. Other Issues: 1) Library Bond Application —(see "Build a Library") 2) Pursue purchase of Lots 1 and 61 - CM/Lowry reported that staff awaits acceptance of the City's purchase offer. 3) Expand Sphere of Influence - ACM/Doyle is proceeding with the annexation process. 4) Build a Library — moving toward placement of the measure on the November 7 ballot. 5) Development in Sphere of Influence areas - Staff continues to monitor Tres Hermanos and Tonner Canyon areas and work closely with AERA energy for annexation. 6) Joint Facilities Use with PUSD & WVUSD - CSD/Rose reported that shortly after 5:00 p.m. today PUSD and the City reached agreement on language for the Lorbeer facilities renovation and staff would like the Council's permission to walk the matter on to tonight's agenda for approval. PUSD has placed the matter on its agenda for July 25. M/Herrera asked that a request to add the item to the agenda be made at the dais during Approval of Agenda. 7) Community Wireless Internet Service - IS/Desforges reported that James Granelli, LA Times Business Editor, would be running a series of articles on the City's issues with Edison referencing other Southern California Cities that have had similar experiences. The City has contracted with Integral Realty Resources to do an appraisal of the mounting asset rights. CM/Doyle responded to MPT/Zirbes that Edison was not forthcoming about what the mounting costs might be and said that the cost could be within the range of five cents to $1,000 per pole. The system would involve 350 to 450 poles of the approximate 5500 poles in the City. JULY 18, 2006 PAGE 5 CC STUDY SESSION C/Chang believed this was a good tool for economic development and suggested that M/Herrera place a call to Edison to invite them to meet with the City Council and come to a mutual agreement. 8) Golden Springs & Calbourne Property - CM/Lowry said she spoke with Industry's City Manager and shared with him that M/Herrera had spoken with the Industry Mayor who indicated he was amenable to discussing the possible sale of the property to D.B. M/Herrera said she would pursue the matter. 9) Youth Master Plan - CM/Lowry stated that the youth and adults continue their monthly interface and the project is moving forward. 10) Trails Master Plan - CM/Lowry reported that Sycamore Canyon Phase II construction was scheduled in this year's budget. 11) Master Sign Program - CM/Lowry said that branding efforts continue. 12) Library Enhancements — incorporated in Item 1 — Other Issues. 13) Tree Replacement Program — CM/Lowry said this topic required considerable discussion and the Council might wish to incorporate a public process. 14) Town Forums - CM/Lowry reported that the primary emphasis has been on the NTMP program and that the last public meeting concerned the Industry project. 15) Larkstone Park - CM/Lowry stated that ACM/Doyle met with the School District today. Staff is up to date on the process and it now depends on whether the JCC project moves forward. It appears that the School District is not interested in an agreement with the City regarding Sandstone Canyon. Herrera stated that acquisition and pursuit of Sandstone Canyon was important to the Council. ACM/Doyle said that he and CA/Jenkins did their best to promote the Council's wishes during today's meeting. 16) Zip Code Issue - ACM/Doyle stated that staff is appropriating resources to continue pursuit of the effort to reach a favorable conclusion. 17) DBTV - CM/Lowry reported that the Adelphia settlement monies would be used to expand the programming. 4 JULY 18, 2006 PAGE 6 CC STUDY SESSION 18) Public Works Yard - CM/Lowry stated that staff was pursuing purchase of property that may become available as a result of the Brea Canyon Grade Separation project. 19) Preserve Windmill - CM/Lowry reported that staff would present Council with options during tonight's meeting. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:25 p.m. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of , 2006. CAROL HERRERA, Mayor Agenda No. 6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JULY 18, 2006 CLOSED SESSION: None STUDY SESSION: 5:35 p.m. — Room CC -8 ► City Council Goals Update ► Community Organization Fund CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to order at 6:33 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Herrera reported that Council began the evening with a Study Session to receive an update and discuss the status of its goals. Council also discussed the Community Organization Fund established to support various community organizations. PLEDGE OF ALLEGIANCE: INVOCATION: the Invocation. ROLL CALL: Zirbes and Mayor Herrera. M/Herrera led the Pledge of Allegiance. Ahmad H. Sakr, Ph.D., Islamic Education Center, gave Council Members Chang, Tanaka, Tye, Mayor Pro Tem Staff Present: CM/Lowry, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Community Development Director; Kim Crews, Human Resources Manager; Rick Yee, Senior Engineer; Ryan McLean, Senior Management Analyst and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: CM/Lowry requested that two items be added to tonight's agenda for consideration: Item 6.18 a) Agreement with PUSD for field improvements to Lorbeer Middle School and 6.18 b) Request to Amend the Vendor Services Contract with Valleycrest for additional services to be performed at Lorbeer Middle School. These items require a 4/5 majority Council vote to be placed on the agenda. MPT/Zirbes moved, C/Tye seconded to add Consent Calendar Items 6.18 a) and b) as recommended by staff. 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 JULY 18, 2006 PAGE 2 CITY COUNCIL SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: BUSINESS OF THE MONTH: 1.2 M/Herrera presented a City Tile to David Peh, co-owner of Color Marble as Business of the Month for July 2006 and displayed the Business of the Month slide presentation.. SPECIAL PRESENTATION: 1.3 M/Herrera presented a City Tile to outgoing Linda Lowry, City Manager; as well as Battalion Chief DeFina and members of Fire Station 120 and Nef Cortez with the new Regional Chamber of Commerce of San Gabriel Valley. Council Members offered their comments about CM/Lowry's distinguished career with the City of D.B. 1.4 C/Tye presented Parks and Recreation Commission Chairman David Grudy with a Proclamation proclaiming July 2006 as Parks and Recreation Month. 1.1 M/Herrera introduced Dr. Thelma Melendez, Pomona Unified School District Superintendent. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3, PUBLIC COMMENTS: Eileen Ansari, 1823 Cliffbranch Dr. thanked CM/Lowry for her five plus years of service to D.B. She said she would have preferred to have an open process for selecting a new City Manager and that there is discussion regarding salary. Sherman Griffone, Friends of the Library, said he and his friends appreciated the excellent July 4th Celebration provided by the City Council and staff under the guidance of CSD/Rose. He thanked the Council for placing the library issue on the November ballot. Sophia Chung, representing Centerfor Kids asked forthe community's supportand participation in the Macy's fundraiser to help provide a home for homeless children. The fundraiser will be held at South Coast Plaza and tickets are $10 with 100% set aside to purchase a van to transport the youth to events. Anyone who is interested may call 909-594-0855. Marie Buckland said she was disappointed about how Council chose a new City Manager and felt the selection process should have been open to others who might wish to apply for the position. JULY 18, 2006 PAGE 3 CITY COUNCIL Rick Rogers thanked CPI/Lowry for her service to D.B. He said that her new position was further recognition of her exceptional skills and abilities and the great job she has done for the City of D.B. Clyde Hennessee said he was opposed to a tax levy for a new library. 4. RESPONSE TO PUBLIC COMMENTS: MPT/Zirbes responded to speakers who were not present at previous meetings that the Council discussed whether to spend $40,000 or more engaging a search firm to assist the City in the selection of a new City Manager. The Council had a solid candidate in mind and the decision to proceed with the selection process was a 4-1 vote. Jim DeStefano's contract was approved by a 5-0 vote of the Council. M/Herrera stated that CM/Lowry tendered her resignation following conclusion of the June 20 City Council meeting and begins her new job with the City of Pomona on July 20. On June 30 Couincil deliberated the process and on July 10 approved the contract with Jim DeStefano who will be the new City Manager as of July 31. The contract was approved by a 5-0 vote. 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. JULY 18, 2006 PAGE 4 CITY COUNCIL 6. CONSENT CALENDAR: MPT/Zirbes moved, C/Tye seconded to approve the Consent Calendar with the exception of Items 6.7, 6.8, 6.10 and 6.13. 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 Regular Meeting of June 20, 2006 — as submitted. 6.1.2 Adjourned Regular Meeting of June 30, 2006 — as submitted. 6.1.3 Special Meeting of July 10, 2006 — as submitted. 6.2 PLANNING COMMISSION MINUTES — Regular Meeting of June 13, 2006 — Received and filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of May 25, 2006 — Received and Filed. 6.4 RATIFIED CHECK REGISTER — containing checks dated June 16, 2006 through July 13, 2006 totaling $2,241,711.11. 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT — Month of May 2006. 6.6 REJECTED CLAIMS: 6.6.1 Filed by Barbara Zelmanski-Ramio on June 7, 2006. 6.6.2 Filed by Mary Lou Zelmanski on June 7, 2006. 6.6.3 Filed by Bernard Zelmanski on June 7, 2006. 6.6.4 Filed by Stephanie Orbegoso on June 8, 2006. 6.6.5 Filed by Carmen Mexia on June 22, 2006. 6.6.6 Filed by Thomas Saglime on June 19, 2006. 6.6.7 Filed by Bryan E. Wong on June 23, 2006. 6.9 APROPRIATED $49,770 OF GENERAL FUND BALANCE RESERVE TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2006/07 AND APPROVED AMENDMENT NO. 3 TO THE CONTRACT WITH DMS CONSULTANTS, INC. (DMS) FOR GRAND AVENUE STREET IMPROVEMENTS (BEAUTIFICATION/BETTERMENT) PROJECT PHASE 1. 6.11 APPROVED 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 TENTATIVE TRACT MAP NO. 53430 MILLENNIUM/STANLEY CHEUNG PROJECT. JULY 18, 2006 PAGE 5 CITY COUNCIL 6.12 APPROVED COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES AND THE CITY FOR PROCUREMENT OF THE TRAFFIC SIGNAL CONTROL SYSTEM FOR THE POMONA VALLEY INTELLIGENT TRANSPORTATION SYSTEM (PVITS). 6.14 APPROVED AN INCREASE IN THE AMOUNT OF $7,000 FOR CITY PROSECUTOR SERVICES WITH DAPEER, ROSENBLIT & LITVAK, LLP FOR A TOTAL AN40UNT OF $32,000 FOR FY 2005/06. 6.15 ADOPTED RESOLUTION NO. 2006-64: APPROVING TWO UNION PACIFIC RAILROAD CROSSING AGREEMENTS FOR THE ALAMEDA CORRIDOR-EAS,f CONSTRUCTION AUTHORITY BREA CANYON ROAD GRADE SEPARATION PROJECT FOLDER NUMBER 2353-42 AND 2353- 48. 6.16 AUTHORIZED THE CITY MANAGER TO PURCHASE ONE COLOR COPIER FROM CONTRACT OFFICE SOLUTIONS IN AN AMOUNT NOT TO EXCEED $28,000. 6.17 APPROVED INTERIM CITY MANAGER AGREEMENT WITH DAVID DOYLE FOR INTERIM CITY MANAGER SERVICES FROM JULY 20, 2006 THROUGH JULY 30, 2006. 6.18 a) APPROVED AGREEMENT WITH PUSD TO CONSTRUCT IMPROVEMENTS AT LORBEER MIDDLE SCHOOL TO OPERATE AND MAINTAIN THOSE IMPROVEMENTS AND TO SUPERVISE THE FACILITY DURING COMMUNITY YOUTH. b) APPROVED AMENDMENT NO. 6 TO REVISE THE VENDOR SERVICES CONTRACT WITH VALLEY CREST LANDSCAPE MAINTENANCE TO ADD LORBEER MIDDLE SCHOOL TO THE CONTRACT FOR THE TERM OF JULY 1, 2006 THROUGH JUNE 30, 2007 IN THE 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 FY 2006/07 TO AN AMOUNT NOT - TO -EXCEED $334,762.88. ITEMS WITHDRAWN FROM CONSENT CALENDAR: 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. C/Tye asked if this was the best contract the City could negotiate and was the agreement opened to other vendors. JULY 18, 2006 PAGE 6 CITY COUNCIL CSD/Rose responded that last summer staff released an RFP and received proposals from Coca-Cola, Pepsi-Cola and one other independent vendor. Staff interviewed each of the proposed vendors and determined that the Coca-Cola proposal was the most competitive. Revenues have decreased over the years because the machines were removed from Summitridge Park when the Diamond Bar Center was built. In addition, there is currently one less machine at Pantera Park and staff is working with Coca-Cola to procure a second machine. C/Tye moved, C/Chang seconded to approve Amendment No. 6 to extend the License Agreement with Coca-Cola for placement of Beverage -Serving Machines in City Parks from August 1, 2006 through July 31, 2007. 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 6.8 AUTHORIZATION TO EXCEED CITY MANAGER'S PURCHASING AUTHORITY OF :625,000 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 2006/07. Following discussion, C/Chang moved, C/Tye seconded to authorize to exceed 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 snot -to -exceed $68,000 for FY 2006/07. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera None None 6.10 ADOPT RESOLUTION NO. 2006-63: 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 FAIR MARKET VALUE. Following discussion, MPT/Zirbes moved, to Adopt Resolution No. 2006-63: 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 fair market value with the proceeds of the sale to be placed into the City's "Parks Fund". JULY 18, 2006 PAGE 7 CITY COUNCIL C/Chang asked MPT/Zirbes if he would consider revising his motion to allocate the proceeds of the sale to the Economic Development Fund. MPT/Zirbes stood by his original motion. C/Tye seconded the motion. Motion approved by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.13 APPROPRIATE $98,000 OF GENERAL FUND BALANCE RESERVE TO THE CAPITAL IMPROVEMENT PROGRAM BUDGET FOR FY 2006/07; APPROVE PLANS AND SPECS; AWARD 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. C/Chang asked staff for an explanation of Cape Seal and why it would be better than the usual slurry seal. SE/Yee explained that Cape Seal was recommended by the City's Pavement Consultant which consists of 2 Y2% latex seal that provides an additional structural section under the final slurry seal for greater wear. C/Chang moved, C/Tanaka seconded to appropriate $98,000 of General Fund balance reserve to the Capital Improvement Program budget for FY 2006/07; approve plans and specs; award 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. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 7. PUBLIC HEARINGS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera None None 7.1 ADOPT RESOLUTION NO. 2006-65: 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. JULY 18, 2006 PAGE 8 CITY COUNCIL ACM/Doyle reported that in response to a request from the Diamond Bar Tennis Club Condominium Association's Board of Directors, this Resolution was brought to Council for consideration. The California Vehicle Code allows for enforcement on private streets by law enforcement as long as the City holds a Public Hearing and as long as the Public Hearing is duly noticed to all community members at least 10 days prior to the actual hearing. The City complied with the notice requirement by sending notices to all homeowners within the complex. The request was promoted by incidents of pedestrian safety, speeding and other adverse activities within the complex. ACM/Doyle stated that the sporadic enforcement within this private community would not impact the City's overall policing program and no additional resources will be required as a result. Board Members Bruce Chitiea, President and Gale Chitiea; reinforced the Board's request. Mr. Chitiea stated that the complex has about '/z mile of private roadway with five stop signs and several blind turns. The Board was informed by several Sheriff's deputies that they were unable to enforce California Vehicle Codes unless they were invited to do so and that there was proper posting of the appropriate statutes within the complex. The Board is seeking occasional enforcement so that community members may witness and receive enforcement as needed. Mr. Chitiea responded to MPT/Zirbes that the complex experiences problems usual to any City street — individuals running stop signs exacerbated by a sense of complacency that they reside in a private community; high pedestrian traffic and near misses between speeding vehicles and individuals walking inside the complex; and near vehicular collisions wherein individuals driving down a steep hill blow through stop signs. To his knowledge there have been no accidents. However, there are incidents that occur that would riot be brought to the attention of the Board. There are 520 units in the community. The Board has not obtained petition signatures. However, there has been active polling during the past year and one-half that resulted in this request. Due to the large number of vehicle thefts in the community the Board retained Universal Protection Services to administer gate control for the area on a 24/7 basis. In response to C/Tanaka, Mr. Chitiea stated that in speaking with the Association's attorney there was clear indication that it would be difficult to provide remediation with teeth. The Association has provisions for issuing fines to those who run afoul of various provisions of the CC&R's. However, collecting on the fines and making them meaningful to the point or altering behavior is a challenge. As volunteers it would be extremely difficult to mete any type of traffic enforcement control. M/Herrera asked how many members served on the Board of Directors. Mr. Chitiea responded that there were supposed to be seven members and there were currently five individuals serving on the Board. JULY 18, 2006 PAGE 9 CITY COUNCIL M/Herrera asked Lt. Maxey to comment on the City's report that there would be no financial increase to the contract with the Sheriff's Department and that there would be occasional presence within the boundaries of the community. She asked how the Sheriffs Department would be able to issue citations if the deputies did not witness the infraction. Lt. Maxey responded that the deputies would have to witness the infraction in order to give the offender a citation. The deputies are in the complex on a routine basis handling calls for service. The Sheriffs Department is exempt from enforcing traffic laws within gated communities and the ordinance, if approved, would allow the deputies to go onto the property for enforcement purposes. M/Herrera opened the Public Hearing. With no one present who wished to speak on this item, M/Herrera closed the Public Hearing. Council Members concurred that it was prudent for the City to provide such service to all of its, residents. C/Chang moved, MPT/Zirbes seconded to Adopt Resolution No. 2006-65: 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. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS 8. COUNCIL CONSIDERATION: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera None None 8.1 APPROVE APPOINTMENT OF PLANNING COMMISSIONER BY MAYOR HERRERA. M/Herrera reiterated her nomination of Osman Wei to serve as her Planning Commissioner appointee. M/Herrera said that in the 17 years that D.B. has been a City each Council Member has had the right to appoint an individual of his or her choice to Commissions. There was never a descent to the level of fighting that is apparent with this choice. She encouraged her fellow Council Members not to allow the process to deteriorate any further and to respect the process that has been in place for 17 years. MPT/Zirbes said that during the time he has followed the process invoked by the City Council each Member has been afforded an opportunity to reach out into the community to interview people and to find people who they felt would JULY 18, 2006 PAGE 10 CITY COUNCIL best serve the City. Mr. Wei previously served honorably on the Planning Commission and unless a candidate has an egregious background that would preclude him from serving they should be appointed. According to CA/Jenkins there is no conflict of interest and if Mr. Wei felt there was even an appearance of a conflict of interest he would do the right thing and recuse himself from voting on an issue. MPT/Zirbes supported M/Herrera's nomination of Osman Wei to serve on the Planning Commission and to continue the time-honored method of allowing each Council Member the opportunity to appoint people they felt were best suited to serve. C/Tanaka said that the last time Mr. Wei was offered for nomination there were concerns about ethical issues and perceptions of what might be a conflict of interest and he felt those were very serious considerations in spite of Counsel's interpretation. In his opinion, it was important to consider how this individual would be able to serve all of the residents of the City when important decisions were before the Planning Commission. Under the aforementioned circumstances he was concerned about the nomination. He asked that Mr. Wei be polled as to whether he intended to resign as President of "The Country Estates" Homeowners Association or reconsider his appointment to the Planning Commission. He recalled that C/Tye spoke about many projects and more recently that the majority of the projects before the Planning Commission had to do with development or redevelopment within "The Country Estates." M/Herrera said she appreciated C/Tanaka's concerns. As she stated on June 20 the scopE; of work for the Planning Commission is much larger than the remodels that are occurring within "The Country Estates." D.B. has huge projects in front of the Planning Commission such as General Plan amendments, annexation of adjacent properties, General Plan overlays, etc. During her discussions with Osman Wei he told her he would not resign as President of "The Country Estates" Homeowners Association. Larry Smith felt that the City should stop acting in a "politically expedient" manner and do the right thing. As a former president of "The Country Estates" and board member who served with Mr. Wei, he is, in Mr. Smith's opinion, not the best person available to fill the empty seat on the Planning Commission. For reasons he enumerated he was concerned that this individual could use his position on the Planning Commission to violate the rights of the citiZens of D.B. If the Council feels that Mr. Wei has clearly demonstrated the abilities, ethics and morals needed to plan and develop the City he and his family should be asked to step down from their positions on "The Country Estates" Homeowners Association Board. Ron Everett said lit was not his intent to incite infighting and deterioration of the process. When he stepped forward on June 20 he wanted to take the emphasis off of the person and focus on the elements of responsibility and process in government. As stated by C/Tanaka a former member of the Planning Commission that there was significant activity in "The Country JULY 18, 2006 PAGE 11 CITY COUNCIL Estates" that goes before the Planning Commission for consideration and in Mr. Everett's opinion, continued recusal would render an individual ineffective in his/her position. He cited specific incidents that he felt would lead to a perception of unfair position and unfair competition and would break the integrity of the system. He appealed to the Council to condition the appointment to become effective upon the resignation of the appointee from his homeowner's association board of directors. Mr. Chitiea said hie was privileged to participate in the early formation of Rancho Cucamonga when business was conducted in a room about the size of the speaker's podium. If there were ever an area in which there was more opportunity for fight and contention and for clear tension among Council Members it was during appointment of Planning Commissioners. As a Planning Commissioner in the early '80's it became very clear to him what the term "conflict of interest" meant and whereas he would have no legal conflict of interest the perception by various members of the community that he was a political actor meant more to everyone that a strictly "legal" conflict that he might have. This is, in his opinion, an area that might be most dangerous to a city's credibility, to the credibility of any particular Council and to the credibility of any one Council Member. The selection of a Planning Commission is one of the most important appointments. As C/Tanaka pointed out the Planning Commission makes decisions one level removed from the voters and if those decisions are perceived to be political ratherthan technical and communal the City is potentially damaged in the long term in ways that are not apparent at this juncture. Osman Wei said that he was elected President of "The Country Estates" Homeowners Association Board by the homeowners with a majority vote. Two of the earlier speakers have served as board members and president of the board. He responded to comments by other speakers. He stated that his attorney and the City's attorney concluded that there would be no conflict of interest by his serving as a Planning Commissioner and President of "The Country Estates" Homeowners Association. In addition, the Board does not have the power to make the decision about whether another association would be annexed since it requires a 75% of the majority of property owners. The function of the Board is to act on appeals when annexation is denied by vote. During the past years the Board Members have not acted on approval or denial of any construction. As a former Planning Commissioner he recused himself from acting on one matter before the Commission and in that case the project was denied by the City and not by the Commission. He guaranteed the City Council Members that if he was ever advised that there could be a conflict of interest he would recuse himself from participation. MPT/Zirbes asked Mr. Wei to tell the City Council how his qualifications and beliefs would help make him a solid Planning Commissioner for the City of D. B. JULY 18, 2006 PAGE 12 CITY COUNCIL Mr. Wei said he graduated with a BA from the University in Taiwan, worked for the City of Taipai for three years and worked for an independent company for eight years before he started his own business that grew to include about 500 employees. He closed his business in 1998 when he moved to the United States believing that it would be difficult to adequately manage such a large company with several locations. He is interested in construction, and urban development was one of his majors. He said he believed that D.B. was ripe for a mixture of residential and commercial construction allowing for ease of convenience for residents. C/Chang was concerned about how many times Mr. Wei would have to recuse himself from making decisions as a Planning Commissioner due to a conflict of interest. He said the majority of construction and planning approvals were coming from "The Country Estates." He said he does not feel comfortable about the Council putting itself in that position. How many times can an individual recuse himself and still be an effective member of a government body that makes decisions for the community. This is not a matter of disrespect, it is a matter of discussing the facts and the Council is conducting its due process. Three members of the City Council were former Planning Commissioners and those members should know better than anyone what is required of a Planning Commissioner. He was concerned about how effective the individual could be in representing his constituents. C/Chang felt that unless the individual was willing to give up his position on "The Country Estates" Homeowners Association Board it was not a good idea to appoint hire as a Planning Commissioner. M/Herrera stated that according to legal counsel if Mr. Wei recused himself from Association matters under consideration by the Planning Commission there would be no conflict of interest and no need for him to recuse himself from Planning Commission decisions. M/Herrera called for the vote. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye, MPT/Zirbes, M/Herrera NOES: COUNCIL MEMBERS: Chang, Tanaka ABSENT: COUNCIL MEMBERS: None 8.2 CONSIDERATION OF OPTIONS FOR PROTECTING THE HISTORIC WINDMILL LOCATED AT THE RALPH'S CENTER. CDD/Fong stated that there were several ways to protect and preserve the Windmill. One method was a "Conservation Easement" which would provide a legal and binding agreement between the property owner and a charitable organization or government entity. The property would remain under the ownership of the property owner and the easement owner would be responsible for the maintenance costs. In exchange for the easement the property owner may be granted some tax reduction. A second method is a hybrid of the conservation easement known as a "Historic Preservation JULY 18, 2006 PAGE 13 CITY COUNCIL Easement" a legal agreement between a charitable/non-profit organization or government entity and the property owner. The easement exists to protect the significant historic property by placing restrictions on use of the property in perpetuity. The non-profit or governmental agency would be responsible for all maintenance costs in this instance as well. Either of these agreements requires the cooperation of the landowner to sign the agreement and the IRS must review all proposed tax deductions before they are allowed. A question exists about the benefit to the property owner of such an agreement. The third and more feasible option was a charitable donation by the property owner. Under this option the property owner could purchase the structure and relocate it to an area designated by the City with the City paying for the cost of the structure and its relocation. Staff recommends that the City Council direct staff to further investigate the matter and commence negotiations with the property owner. MPT/Zirbes asked if staff had discussed this issue with the property owner. CDD/Fong responded that staff contacted the Property Manager who asked for a proposal that could be taken under advisement with the property owner. CDD/Fong responded to M/Herrera that staff's recommendation was to attempt to negotiate the purchase of the structure with the owner since the Windmill belongs to the property owner. M/Herrera thought that the Windmill was designated as a relic preserved from the old Diamond Bar Ranch and that the shopping center owner had agreed to erect the Windmill on the shopping center site. CDD/Fong responded to M/Herrera that according to the assessor's records there was no easement. M/Herrera asked staff to contact the Historical Society for further information and bring the matter back to the City Council in 30 days. 8.3 APPROVE FIRST READING OF ORDINANCE NO. 05(2006); REVISING THE CITY'S PURCHASING SYSTEM AND AMENDING THE DIAMOND BAR MUNICIPAL CODE. FD/Magnuson reported that the revision was requested to improve efficiency without compromising the City's fiduciary responsibilities. Since the most recent 2003 revision, staff's goal has been to revise the policy to more closely fit the needs of the organization and streamline its processes. Significant changes include the elimination of language related to the purchasing department and purchasing agent since the City has never had either. The City Manager's contractual authority remains unchanged at $25,000. In addition to the City Manager's authority the proposed policy includes approval levels for department directors of items up to $4,999.99 and approval by the Assistant City Manager for amounts up to $9,999.99. JULY 18, 2006 PAGE 14 CITY COUNCIL The policy, however, continues to place a $5,000 limit if there is an adequate budget. Purchase orders are required at $2500 rather than $500. Bid procedures have been clarified and the informal bid requirement has been changed from $1000 to $2500. Language related to the formal bid process was removed since it is covered under the State Public Contract Code. The policy also indicates that the City will follow the State's Contract Codes. FD/Magnuson continued that the section related to purchases without bidding was changed to increase the dollar threshold from requiring bids from $1000 to $2500 and a new concept of a vendors list. A comprehensive vendors list consisting of names of vendors that have consistently delivered promised goods and services on time and at low cost will be presented to Council each January for approval. Revisions were also included in the local preference section, recycled materials section and the surplus personal property section. This revised policy is the result of input from the City's executive management team, line staff and the City Attorney. Approval of this revised policy will improve the efficiency of City staff and allow staff members to focus; on more critical matters without compromising the City's procurement practices and fiduciary responsibilities. C/Chang moved, C/Tye seconded to Approve First Reading of Ordinance No. 05(2006); revising the City's Purchasing System and Amending the Diamond Bar Municipal Code. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: Chang, Tanaka, Tye, MPT/Zirbes, M/Herrera None None 8.4 CONSIDERATION OF PLANNING COMMISSION RECOMMENDATION OF ART IN PUBLIC PLACES. CDD/Fong stated that the Planning Commission has forwarded a recommendation that the City Council consider an "Arts in Public Places" Program for the City of D.B. As an example of the proposed program the City of Brea adopted an Ordinance to support public art, established an art commission and provided support staff for the commission. The program requires developers to place art equivalent to one percent (1 %) of the total project valuation. The more common method employed by cities is through an entitlement process. For example, the City would require the Developers through conditions of approval to provide amenities such as art pieces, fountains or plaza areas during the project review process. Staff believes that the City's General Plan could be amended to include illustration and development criteria to support its implementation. If the City Council agrees with the concept it could direct staff to bring back a Development Code or General Plan amendment to incorporate appropriate development language. JULY 18, 2006 PAGE 15 CITY COUNCIL M/Herrera felt that the most important part of developing the criteria would be to define "art." CDD/Fong said that it would be up to an art commission for example, to define "art." The recommendation from the Planning Commission was to consider art in public places. However, staff could write broader design and development criteria for purposes of discussing art form such as water fountains, special design treatments, special landscape features or hardscape features. M/Herrera said she would like to have feedback from the Parks and Recreation Commission and to have staff gather additional information and recommendations. for the Council to discuss during a study session in 60 to 90 days. C/Tye was concerned about a developer being required to donate one percent of project costs. Brea has a very good Art in Public Places program. However, their advantage was that they were able to incorporate the program using redlevelopment monies. In addition, it requires a developerto provide artwork whereas the City's current General Plan Objective and Development Code says "consider a program." Brookfield Homes Development, for example has a wonderful fountain feature at its entrance. The Developer made the decision that it was the correct enhancement for the Developer. The City did not make the decision and the City did not require the Developer to provide a fountain. He believed that CDD/Fong was responsible for the Target facade and as a City, we can offer input and make requests but the City should not be telling developers that they are required to provide art either in the development or in the form of cash. Target gives over $2 million per week to non-profit and charitable causes. Would it make sense to then ask them to reduce their charitable contributions so that the City could have a piece of art on the property or on another piece of property in the City. The City needs good corporate partners like Target to benefit its schools. If the City requires good corporate neighbors to provide art it will require them to reduce their contributions or increase their retail costs. He was more inclined to follow the wisdom of the current General Plan and encourage entities to place art in public places rather than require them to do so. MPT/Zirbes said he too would like to have this matter come back to the Council in a study session to see what staff would recommend as language changes. He said he agreed with C/Tye that one percent could be outrageous or limiting and that a one percent ceiling might be more appropriate. C/Chang felt it would be better to raise the quality of building in the City than to require developers to spend money on art. Not all locations are conducive to art. He said it depended on whether D.B. wanted to be a business -friendly City. The design for the D.B. Target store will be an excellent example of JULY 18, 2006 PAGE 16 CITY COUNCIL good architecture due to staffs input. He agreed with C/Tye that it would be better for developers to be held to a high standard rather than requiring them to provide a piece of art. M/Herrera concluded that Council would like more information with respect to whether art should be required and what percentage of the valuation would be fair. She directed staff to provide additional information to the Council during a study session in either 90 or 120 days. 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Tanaka said it was always a pleasure to represent the residents and Council at different functions. He attended the Jack Phillips Awards honoring individuals in the community that made contributions to the San Gabriel Valley hosted by the San Gabriel Valley Council of Governments and the San Gabriel Valley Economic Partnership. He attended the Tiny Tots graduation at the Diamond Bar Center; on Saturday, June 24 he attended the Drum and Bugle Corp competition at Mt. SAC during which Pacific Crest Drum and Bugle Corp competed; he congratulated CSD/Rose and staff for an outstanding 4th of July blast. He stated that the Concerts in the Park series is at its midpoint for the summer. He continues to meet with the senior groups as they move toward a multi -cultural day in October. He attended an Eagle Scout Ceremony and congratulated Steve Kim and his parents. Yesterday Diamond Bar for Youth met in conjunction with the Youth Master Plan and the group is trying to convince WUSD to participate in the program. C/Chang commended the Diamond Bar Women's Club members for presenting scholarships to two young women who excelled in their studies. He felt that this year's 4th of July celebration was one of the best celebrations ever and believed it was a good decision to hold the event at DBHS because there was ample parking. He complimented staff on a job well done and recommended that the event be held at the same location next year. He said he also attended several events at the Diamond Bar Center. C/Tye thanked CSD/Rose and his staff for putting together such a wonderful 4th of July event. He felt it was sad when individuals implied there was something sinister when there was nothings sinister at all. A speaker made a comment about the process of choosing Jim DeStefano as the City's new City Manager. He looked at the Council as being a kind of "board of directors" for the City of D. B. and this body made the very best decision with what was possible and available. Five years ago when Linda Lowry was selected the opportunity was made available to Mr. DeStefano and he decided that at that time it was not the right position for him. Things have changed over the past five plus years and it is now the right time for Mr. DeStefano and the City gets a person with a wealth of knowledge, experience and expertise about the City that will be of great benefit to the community. In fact, this body was unanimous in its decision to extend the offer to Jim DeStefano. It was good to be present for the COG ceremonies and observe M/Herrera presenting Assemblyman Bob Huff with the Jack Phillips Memorial Award in recognition for his JULY 18, 2006 PAGE 17 CITY COUNCIL leadership in the region. He said there was nothing quite as wonderful as the Tiny Tots graduation and watching the 60-80 participants. He joined C/Tanaka for the Pacific Crest performance at Mt. SAC. One of the things the City Council does is oversee the organization support fund and it is wonderful to see an organization like Pacific Crest perform and compete. He thanked CM/Lowry for her efforts on behalf of D.B. and for representing the City well and for all that she accomplished during her tenure. MPT/Zirbes said he looked forward to Jim DeStefano's return and his help in leading the City through some very important projects. He asked the City Council to adjourn tonight's meetings in honor of Linda Lowry in respect for the wonderful work that she has done for the City of D.B. during the past five years and to formally wish her well in her future endeavors. M/Herrera expressed that the Council accomplished a great deal this evening. Jim DeStefano will be the new City Manager as of July 31. She acknowledged the hard work of CSD/Rose and his staff in bringing wonderful and fun events to the City's parks and that the 4th of July event was the best ever. Everyone she spoke with was thrilled that the event was held at DBHS and she wrote a letter thanking the Superintendent and Board of Trustees as well as the School Principal for letting the City use the School and how much the location and event was enjoyed by the residents. She said she looked forward to the event being held there again next year and hoped that they would extend an invitation. She felt that 7000 attendees left the area pretty clean and in good order. She again thanked CM/Lowry for her service to the community and acknowledged the accomplishments during hertenure that included establishment of the Financing Authority, construction of the Community Center, prornotion of the Target Project, development of the entire Golden Springs Drive and Grand Avenue corner through negotiations with Calvary Chapel, and many other projects in which she was involved. The City appreciates CM/Lowry's dedication. M/Herrera said she was pleased that D.B. and Pomona had joined together on projects such as the Four Corners Transportation Corridor that CM/Lowry and ACM/Doyle pushed forward to form a strong partnership with Chino Hills, Pomona, Brea and D.B. Other cities such as Norco and Chino are joining and Ontario is interested. In addition, D.B. is in a partnership with Pomona on the Youth Master Plan collaborative. She again thanked CM/Lowry and echoed the sentiments of her colleagues. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Regular City Council meeting at 9:23 p.m. in honor of outgoing City Manager Linda Lowry. Tommye Cribbins, CITY CLERK JULY 18, 2006 PAGE 18 CITY COUNCIL The foregoing minutes are hereby approved this day of , 2006. CAROL HERRERA, MAYOR Agenda # __-&--2— Meeting 2Meeting Date: August 1, 2006 CITY COUNCIL 4 AGENDA REPOR --Z `\oxrok�ti %i TO: Honorable Mayor and Members of the City Council VIA: David A. Doyle, Interim City Manager ��nQ TITLE: Ratification of Check Registers dated June 26, 2006 and July 14, 2006 through July 27, 2006 RECOMMENDATION: Ratify Check Registers containing checks dated June 26, 2006 and July 14, 2006 through July 27, 2006 totaling $852,376.41. FINANCIAL IMPACT: Expenditure of $852,376.41 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 registers containing checks dated June 26, 2006 and July 14, 2006 through July 27, 2006 for $852,376.41 are 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 registers have been audited and deemed accurate by the Finance Director. The June 26, 2006 check register is being included due to the fact that this payment was erroneously omitted on the check register presented at the July 18, 2006 City Council meeiting. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: T— FinancelDlUector Attachments: Affidavit and Check Registers — 06/26/06 and 07/14/06 through 07/27/06 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of check registers including checks dated June 26, 2006 and July 14, 2006 through July 27, 2006 have been audited and are certified as accurate. Payments have been allowed from the following funds in these amounts: Fund # Description Amount 001 General Fund $711,673.57 011 Community Organization Support Fd $2,000.00 112 Prop A - Transit Fund 46,948.94 115 Int. Waste Mgt Fund 3,959.18 118 AB2766 - AQMD Fund 8,268.70 125 CDBG Fund 15,701.31 127 Narcotics Asset Forfeit 63.64 138 LLAD #38 Fund 17,383.90 139 LLAD #39 Fund 5,124.63 141 LLAD #41 Fund 8,095.21 250 Capital Improvement Project Fund 8,191.33 510 Self Insurance Fund 24,966.00 $852,376.41 Signed: err Linda G. Magn s ft Finance Director City of Diamond Bar - Check Register - 06/26/06 Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount 6/2612006 WIT 10 UNION BANK OF CALIFORNIA, NA DBC LEASE -JULY 0014090 42140 62,700.47 $62,700.47 $62,700.47 Page 1 STORAGE-REC #2276 City of Diamond Bar - Check Register 07/14/06-07/27/06 116.00 $232.00 STORAGE-REC #2277 0014090 42140 116.00 Transaction Description Fund/ Dept ACct # Amount Total Check Amount Check Date Check Number Vendor Name P/R TRANSFER-06/PP 15 139 10200 885.28 $135,266.29 7/27/2006 06-PP 15 PAYROLL TRANSFER P/R TRANSFER-06/PP 15 141 10200 885.30 7/27/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 15 118 10200 1,102.06 7/27/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 15 125 10200 965.31 7/27/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 15 138 10200 885.27 7/27/2006 PAYROLL TRANSFER P/R TRANSFER-06/PP 15 001 10200 122,881.82 7/27/2006 PAYROLL TRANSFER P/R TRANSFER-061PP 15 112 10200 3,702.07 7/27/2006 PAYROLL TRANSFER P/R TRANSFER-061PP 15 115 10200 3,959.18 7/27/2006 PAYROLL TRANSFER RECREATION REFUND 001 34760 115.00 $700.00 7/18/2006 71645 PYPER BANOS RECREATION REFUND 001 34760 585.00 7/18/2006 NrrcR BAIVOS GEN LIABILITY RETRO DEP 5104081 47200 24,966.00 $97,255.00 7/18/2006 71646 CALIFORNIA JPIA WC-RETRO DEPOSIT 0014090 40083 72,289.00 7/18/2006 CALIFORNIA JPIA MTG SUPPLIES-GENERAL 0014090 1 42325 541.25 $541.25 7/18/2006 71647 JUN SUSHI TORAGE =7/20/2006 71648 STORAGE =AMERICAN PK REFUND-REAGAN 001 23002 50.001$50.00 7/20/2006 71649 KIAN AGHASSI CONTRACT CLASS-SPRING 0015350 45320 63.00 $63.00 7/20/2006 71650 AGI ACADEMY CORP RECREATION REFUND 001 34780 55.001$55.00 7/20/2006 71651 LISAAGUILERA PK REFUND-DBC 001 36615 400.00 $400.00 7/20/2006 71652 SANA AHMAD SUPPLIES-RECREATION 0015350 41200 16.02 $51.38 7/20/2006 71653 ALBERTSONS SUPPLIES-RECREATION 0015350 41200 10.46 7/20/2006 ALBERTSONS SUPPLIES-RECREATION 0015350 41200 24.90 7/20/2006 ALBERTSONS HIP PROG-2702 SUNBRIGHT 1255215 44000 9,000.00 $9,000.00 7120/2006 71654 ALL WEATHER ROOFING STORAGE RENTAL -FY 06107 0014090 42140 12,320.00 $12,320.00 7/20/2006 71655 AMERICAN MINI STORAGE RECREATION REFUND 001 34720 170.00 $170.00 7/20/2006 71656 CAROL ANIH STORAGE-REC #2276 0014090 42120 116.00 $232.00 STORAGE-REC #2277 0014090 42140 116.00 Page 1 City of Diamond Bar - Check Register 07/14/06-07/27/06 Cr Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount heck Date Check Numbe 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7120/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 71657 71658 71659 71660 71661 71662 71663 71664 71665 71666 GRACE ASCENCIO AMY BAUZON BE REMOVERS BEE REMOVERS BEST LIGHTING PRODUCTS BEST LIGHTING PRODUCTS IBEST LIGHTING PRODUCTS .JOHN E BISHOP CENTER ICE SKATING ARENA CHRISTIN J MURPHEY SY CHU CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC CIVIC SOLUTIONS INC RECREATION REFUND RECREATION REFUND MAINT-1030 ADEL MAINT-20335 DAMIETTA MAINT-PETERSON PARK MAINT-DBC SUPPLIES -COMM SVCS CONTRACT CLASS -SUMMER MEMBERSHIP DUES -06/07 CONTRACT CLASS -SUMMER FION KLrUNU 001 001 0015558 0015558 0015340 0015333 0015340 0015350 0015350 0015350 0015333 nni 34720 34780 45508 45508 42210 41200 42210 45320 42315 45320 41200 34730 170. 89. 135. 135, 361 183 135 I 27 18 $170.00 $89.00 $680.52 $1,032.00 $165.00 $42.00 $27.45 $18.00 CONSULTING SVCS -MAY 06 0015210 44000 47.50 $11,305.00 CONSULTING SVCS -MAY 06 0015210 44000 95.00 CONSULTING SVCS -MAY 06 0015210 44000 47.50 CONSULTING SVCS -MAY 06 0015210 44000 807.50 CONSULTING SVCS -MAY 06 0015210 44000 190.00 PROF.SVCS-FPL 2006-191 001 23010 997.50 CONSULTING SVCS -MAY 06 0015210 44000 617.50 CONSULTING SVCS -MAY 06 0015210 44000 1,092.50 PROF.SVCS-FPL 2005-147 001 23010 1,377.50 PROF.SVCS-FPL 2006-206 001 23010 855.00 PROF.SVCS-FPL 2005-143 001 23010 665.00 PROF.SVCS-FPL 2004-85 001 23010 570.00 PROF.SVCS-FPL 2005-160 001 23010 95.00 PROF.SVCS-FPL 2006-06 001 23010 95.00 Page 2 Page 3 Check Register 07/14/06-07/27/06 City of Diamond Bar - Fund/ Dept Acct # Amount Total Check Amount Transaction Description Check Date Check Number Vendor Name PROF.SVCS-FPL 2005 161 001 23010 142.50 $11,305.00 ... 7/20/2006 71666... CIVIC SOLUTIONS INC PROF.SVCS-FPL 2005-130 001 23010 712.50 7/20/2006 CIVIC SOLUTIONS INC PROF.SVCS-FPL 2006-189 001 23010 2,897.50 7/2012006 CIVIC SOLUTIONS INC PK REFUND-SYC CYN PK 001 23002 50.00 $50.00 7/20/2006 71667 LAURIE CLUTE SUPPLIES -PARKS 0015340 42210 82.81 $170.60 7/20/2006 71668 COMMERCIAL SECURITY GROUP 0015333 42210 87.79 7/20/2006 COMMERCIAL SECURITY GROUP SUPPLIES -DBC PK REFUND -HERITAGE PK 001 23002 50.00 $50.00 7/20/2006 71669 CUB SCOUT PACK 737 nn4coon drnnn 61.835.42 $61,835.42 7/20/2006 71670 D & J MUNICIPAL SERVICES INC BLDG & SFTY SVCS -5/1-5/31 REIMB-MILEAGE 2505310 R46415 10.68 $10,746.70 EVANS AND ASSOCIATES INC 7/20/2006 71671 DAVID DAVID EVANS AND ASSOCIATES INC CONSULTING SVCS -DB GOLF 0015240 44000 10,000.00 7/20/2006 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2005 130 001 23010 720.00 7/20/2006 DAVID EVANS AND ASSOCIATES INC PROF.SVCS-FPL 2005-130 001 23010 8.01 7/20/2006 EVANS AND ASSOCIATES INC REIMB-MILEAGE 0015240 44000 8.01 7/20/2006 DAVID PRINT SVCS-SYC CYN PK 2505310 46415 1,055.65 $1,055.65 7/20/2006 71672 DAY & NITE COPY CENTER PK REFUND -DBC 001 23002 600.00 $600.00 7/20!2006 71673 RYAN DAYALA PROF.SVCS-THCA MTG 0014030 44000 50.00 $50.00 7/20/2006 71674 CAROL DENNIS CARPET MAINT-DBC 0015333 42210 985.00 $2,585.00 7/20(2006 71675 DFS FLOORING CARPET MAINT-DBC 0015333 45300 1,600.00 7/20/2006 DFS FLOORING CAR WASH -COMM SVCS 0015350 42200 18.98 $242.78 7120/2006 71676 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015350 42200 23 99 7/20/2006 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 23.97 7/20/2006 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 56. 93 7/20/2006 DIAMOND BAR HAND CAR WASH CAR WASH -ROAD MAINT 0015554 42200 49.99 7/20/2006 DIAMOND BAR HAND CAR WASH CAR WASH -POOL VEH 0014090 42200 23.97 7/20/2006 DIAMOND BAR HAND CAR WASH CAR WASH-NGHBRHD IMP 0015230 42200 43.95 7/20/2006 DIAMOND BAR HAND CAR WASH Page 3 Page 4 Check Register 07/14/06-07/27/06 City of Diamond Bar - Vendor Name Transaction Description DIAMOND BAR IMPROVEMENT ASSOCIATION AD -CONCERTS JULY Fund/ Dept Acct # Amount 450.00 Total Check Amount $450.00 Check Date Check Number 0014095 42115 7/20/2006 71677 SGVCG MTG-PLNG LA COUNTY MTG-CMGR MTG-CMGR MTG SUPPLIES -COMM SVCS SUPPLIES -DBC SCAN-NATOA CONF-CMGR LAR -IAC MTG-I.T. SUPPLIES -DBC SUPPLIES -COMM SVCS 0014030 0014030 0014090 0014010 0015333 0014030 0014070 0015333 0015350 42325 42325 42330 42325 41300 42330 42330 41200 41200 27.00 16.00 12.00 10.00 6.47 5.00 17.00 20.86 12.00 $126.33 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 71678 DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH DIAMOND BAR PETTY CASH nAnPETTY CASH DIAMOND DM" F "I CASH , 7/20/2006 71679 DIAMOND BAR/WALNUT YMCA CDBG PROG-CHILD CARE JUN 1255215 42355 5,736.00 $5,736.00 DIAMOND RIDE -6/1-6/15 DIAMOND RIDE -6/16-6130 1125553 1125553 45529 45529 16,744.42 16,740.13 $33,484.55 [=7/2012:006 71680 SIFIED PARATRANSIT INC ]DIVERSIFIEDPARATRANSIT INC 7/20/2006 71681 DURHAM SCHOOL SERVICES EXCURSION -DAY CAMP JUN 1 1125350 45310 2,591.51 $2,591.51 7/20/2006 71682 JORGE ERAZO PK REFUND -HERITAGE PK 001 23002 50.00 $50.00 PLNG COMM-APR/MAY 0015210 44100 260.001 $260.00 7/20/2006 71683 RONALD EVERETT 7/20/2006 71684 EVERGREEN ELEMENTARY JPK REFUND -HERITAGE PK 001 23002 50.00 $50.00 PK REFUND -DBC 001 23002 500.001 $500.00 7/20/2006 71685 THOMAS FALCONER 7/20/2006 71686 FCI REBELS REIMB-FOOD BOOTH CONCERT 0015350 45305 73.501 $73.50 TEMP SVCS -WK 7101 0014030 44000 243.00 $243.00 7/20/2006 71687 FINESSE PERSONNEL/WC BARLOW 7/20/2006 71688 GADDMS INC REIMB-FOOD BOOTH CONCERT 0015350 45300 40.00 $40.00 7/20/2006 71689 MANISH GARG PK REFUND -PETERSON 001 1:1 50.00 $50.00 VEH MAINT POOL VEH 0014090 42200 235.18 $235.18 7/20/2006 71690 IGRAND MOBIL Page 4 City of Diamond Bar - Check Register 07/14/06-07/27/06 Check Date Check Number Vendor Name Transaction Description fundf!ept Acct # Amount Total Check Amount 7/20/2006 71691 SUSI HADIWINATA PK REFUND -HERITAGE 001 23002 50.00 $50.00 0 29 7/20/2006 71692 HALL & FOREMAN, INC. P 7/20/2006 $6,85 . HALL & FOREMAN, INC. F 7/20/2006 45223 HALL & FOREMAN, INC. F 7/20/2006 ROF.SVCS-PLAN CHECK HALL & FOREMAN, INC. F 7/20/2006 1,438.84 HALL & FOREMAN, INC. F 7/20/2006 0015551 HALL & FOREMAN, INC. F 7/20/2006 HALL & FOREMAN, INC. F 7/20/2006 45223 45223 HALL & FOREMAN, INC. / ROF.SVCS-EN 06-516 / 7/20/2006 900.00 HALL & FOREMA14, 1NC. 7/20/2006 001 HALL & FOREMAN, INC. f 7/20/2006 HALL & FOREMAN, INC. / 7/20/2006 34650 HALL & FOREMAN, INC. 1 7/20/2006 'ROF.SVCS-EN 04-450 HALL & FOREMAN, INC. 7/20/2006 150.00 HALL & FOREMAN, INC. 7/20/2006 001 HALL & FOREMAN, INC. 7/20/2006 HALL & FOREMAN, INC. 7/20/2006 34650 HALL & FOREMAN, INC. 7/20/2006 'ROF.SVCS-EN 06-518 HALL & FOREMAN, INC. 7/20/2006 442.80 HALL & FOREMAN, INC. 7120/2006 001 HALL & FOREMAN, INC. 7/20/2006 HALL & FOREMAN, INC. 7/20/2006 34650 HALL & FOREMAN, INC. 7/20/2006 )ROF.SVCS-EN 04-446 HALL & FOREMAN, INC. 7/20/2006 75.00 HALL & FOREMAN, INC. 7/20/2006 71693 7/20/2006 71694 7/20/2006 71695 7/20/2006 71696 SHA HAMMS STINA HUANG BEEN IDRIES ND VALLEY HUMANE SOCIETY ROF.SVCS-PLAN CHECK 0015551 45223 369.90 $6,85 . ROF.SVCS-PLAN CHECK 0015551 45223 1,002.98 ROF.SVCS-PLAN CHECK 0015551 45223 1,438.84 ROF.SVCS-PLAN CHECK 0015551 45223 241.48 ROF.SVCS-PLAN CHECK ROF.SVCS-PLAN CHECK 0015551 0015551 45223 45223 169.29 500.00 ROF.SVCS-EN 06-516 001 23012 900.00 .DMIN FEE -EN 06-516 001 23012 225.00 ,DMIN FEE -EN 06-516 001 34650 -225.00 'ROF.SVCS-EN 04-450 001 23012 150.00 ,DMIN FEE -EN 04-450 001 23012 37.50 ,DMIN FEE -EN 04-450 001 34650 -37.50 'ROF.SVCS-EN 06-518 001 23012 442.80 ADMIN FEE -EN 06-518 001 23012 110.70 kDMIN FEE -EN 06-518 001 34650 -110.70 )ROF.SVCS-EN 04-446 001 23012 75.00 kDMIN FEE -EN 04-446 001 23012 18.75 %DMIN FEE -EN 04-446 001 34650 -18.75 :'ROF.SVCS-EN 01-321 001 23012 360.00 %DMIN FEE -EN 01-321 001 23012 90.00 %DMIN FEE -EN 01-321 001 34650 -90.00 :)ROF.SVCS-EN 06-515 001 23012 1,200.00 %DMIN FEE -EN 06-515 001 23012 300.00 ADMIN FEE -EN 06-515 001 34650 -300.00 PK REFUND HERITAGE 001 23002 200.00 $200.00 PK REFUND DBC 001 23002 500.00 $500.00 PK REFUND DBC 001 23002 700.00 $700.00 ANIMAL CONTROL SVCS-JUL 0014431 45403 8,500.671 $8,500.67 7/20/2006 71697 LEMUEL JACKSON PK REFUND-SYC CYN PK 001 23002 50.00 $50.00 Page 5 City of Diamond Bar - Check Register 07/14/06-07/27/06 Check Date ICheck Numberl Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount Page 6 LEGAL SVCS -SCE JUN 0014020 44021 372.60 $25,620.93 7/20/2006 71698 JENKINS & HOGIN, LLP LEGAL SVCS-P/WORKS JUN 0014020 44020 1,224.30 7/20/2006 JENKINS & HOGIN, LLP LEGAL SVCS -LIBRARY JUN 0014020 44021 662.40 7/20/2006 JENKINS & HOGIN, LLP LEGAL SVCS -SCRIBBLES 0014020 44021 11,436.00 7/20/2006 JENKINS & HOGIN, LLP LEGAL SVCS -JUNE 06 0014020 44020 7,537.23 7/20/2006 JENKINS & HOGIN, LLP LEGAL SVCS -COMM DEV JUN 0014020 44020 3,545.70 7/20/2006 JENKINS & HOGIN, LLP LEGAL SVCS -COMM SVCS JUN 1 0014020 44020 842.70 7/20/2006 JENKINS & HOGIN, LLP PUBLICATION-H/R 0014060 42115 326.40 $326.40 7/20/2006 71699 JOBS AVAILABLE ��, n n nn 760.00 $260.00 7/2012006 71700 JOE MCMANUS PLNG COMM-APR/MAY 00 �.,� �� tt,�� -- RECREATION REFUND 001 34780 40.00 $40.00 7/20/2006 71701 HUI YING KAO RECREATION REFUND 001 34780 85.00 $85.00 7/20/2006 71702 MARINA KAYABAN RECREATION REFUND 001 34720 170.00 $170.00 7120/2006 71703 IONE KELSEY PK REFUND -DBC 001 23002 200.00 $200.00 7/20/2006 71704 NEELAM KHOJA INSTALL -ELECT PANEL 0015340 46410 1,500.00 $1,500.00 7/20/2006 71705 KIRK STEINKE ELECTRIC PK REFUND -PETERSON 001 77 7 23002 50.00 $50.00 7/20/2006 71706 DOREEN KREIS EXCURSION -DISNEY HALL 0015350 45310 541.00 $541.00 7/20/2006 71707 LA PHILHARMONIC OF CALIFORNIA CITIES LEAGUE CONF-N FONG 0015210 42330 435.00 $435.00 7/20/2006 71708 LEAGUE ., .ire r CMM PRIMnY r�ivv ., 0015210 44100 260.00 $260.00 7/20/2006 71709 KWANG HO LEE RECREATION REFUND 001 34780 40.00 $40.00 7/20/2006 71710 PEGGY LEE MEMBERSHIP DUES 0014060 42315 2,938.00 $2,938.00 7/20/2006 71711 ILIEBERT CASSIDY WHITMORE ..ro�n CONTRACT I LASS SUMrvi nn�Fa�n 45300 90.00 $90.00 7/20!2006 71712 ANJALI LYER Page 6 City of Diamond Bar - Check Register 07/14/06-07/27/06 7-1-1 Check Amount Check Date Check Number Vendor Name 7/20/2006 71713 MAD SCIENCE CORP Transaction Description 71721 Fund/ Dept Acct # Amount o 400.00 CONTRACT CLASS -SUMMER 7/20/2006 0015350 45320 1,200.00 $1,200.00 27.51 OFFICEMAX CONTRACT INC 7/20/2006 0015210 OFFICEMAX CONTRACT INC 7/20/2006 71721 OFFICEMAX CONTRACT INC jPK REFUND -DBC 00136615 OFFICEMAX CONTRACT INC 400.00 $400.00 7/20/2006 71714 IFEROZ MERCHHIYA OFFICEMAX CONTRACT INC 7/20/2006 27.51 OFFICEMAX CONTRACT INC 7/20/2006 0015210 OFFICEMAX CONTRACT INC 7/20/2006 SUPPLIES -DBC 0015333 42130 8.00 $8.00 7/20/2006 71715 MOBILE INDUSTRIAL SUPPLY INCORP 7/20/2006 -27.51 OFFICEMAX CONTRACT INC 7/20/2006 0014090 OFFICEMAX CONTRACT INC 7/20/2006 JPK REFUND-REAGAN 001 1 23002 50.00 $50.00 7/20/2006 71716 JIVETTE MOLINA 24.73 SUPPLIES-CMGR 0014030 41200 33.73 MEMO CREDIT -GENERAL CONSULTING SVCS-MAY/JUN 0015210 44210 3,240.00 $3,240.00 7/20/2006 71717 GARY L NEELY SUPPLIES-CMGR 0014030 1 41200 11.17 PLNG COMM-APR/MAY 0015210 44100 260.00 $260.00 7/20/2006 71718 STEVE NELSON AIRTIME CHRGS-P/W,C/S,C/D 0014090 42130 570.78 $570.78 7/20/2006 71719 NEXTEL COMMUNICATIONS SVCS -SLURRY SEAL 2505510 46411 5,850.00 $5,850.00 7/20/2006 71720 NORRIS REPKE INC IDESIGN 4413 $792.47 7/20/2006 71721 OFFICEMAX CONTRACT INC 7/20/2006 OFFICEMAX CONTRACT INC 7/20/2006 41200 OFFICEMAX CONTRACT INC 7/20/2006 SUPPLIES-NGHBRHD IMP OFFICEMAX CONTRACT INC 7/20/2006 27.51 OFFICEMAX CONTRACT INC 7/20/2006 0015210 OFFICEMAX CONTRACT INC 7/20/2006 OFFICEMAX CONTRACT INC 7/20/2006 41200 OFFICEMAX CONTRACT INC 7/20/2006 MEMO CREDIT-NGHBRHD IMP OFFICEMAX CONTRACT INC 7/20/2006 -27.51 OFFICEMAX CONTRACT INC 7/20/2006 0014090 OFFICEMAX CONTRACT INC 7/20/2006 OFFICEMAX CONTRACT INC 7/20/2006 41200 OFFICEMAX CONTRACT INC SUPPLIES -DBC 0015333 41200 7/20/2006 SUPPLIES -COMM SVCS 0015350 41200 43.96 SUPPLIES-NGHBRHD IMP 0015230 41200 27.51 SUPPLIES-PLNG 0015210 41200 15.24 SUPPLIES-NGHBRHD IMP 0015230 41200 27.51 MEMO CREDIT-NGHBRHD IMP 0015230 41200 -27.51 SUPPLIES -GENERAL 0014090 41200 644.09 SUPPLIES -GENERAL 0014090 41200 26.45 SUPPLIES -GENERAL 0014090 41200 24.73 SUPPLIES-CMGR 0014030 41200 33.73 MEMO CREDIT -GENERAL 0014090 41200 -113.39 SUPPLIES -GENERAL 0014090 41200 34.85 SUPPLIES-CMGR 0014030 1 41200 11.17 7/20/2006 71722 ORKIN PEST CONTROL INC 7/20/2006 ORKIN PEST CONTROL INC 7/20/2006 42210 ORKIN PEST CONTROL INC � }a�ae4Q GOPHER CNTRL-SYC CYN MAYtj GOPHER CNTRL-SYC CYN JUN 0015340 42210 55.00 GOPHER CNTRL-BREA CYN JUN 1385538 42210 45.00 7/20/2006 71723 JAY PARAYNO CONTRACT CLASS SUMMER 0015350 45300 60.00 $60.00 Page 7 Page 8 Check Register 07/14/06-07/27/06 City of Diamond Bar - Transaction Description Fund/ Dept;464110 Amount Total Check Amount Check Date Check Number Vendor Name MAINT-DBC 0015333 929.00 $929.00 7/20/2006 71724 PARTITION SPECIALITES INC BUS CARDS-P/INFO 0014095 42110 30.001 $30.00 7/20/2006 71725 PEPR GRAPHICS RECREATION REFUND 001 34730 10.00 $10.00 7/20/2006 71726 BEVERLY POLLARD PRINT SVCS-P/WORKS 001 1 36650 27.77 $27.77 7/20!2006 71727 R & D BLUEPRINT SUPPLIES -EXCURSION 0015350 41200 35.56 $161.81 RALPHS GROCERY/FOOD 4 LESS 7/20/2006 71728 GROCERY/FOOD 4 LESS SUPPLIES -4TH OF JULY 0015350 45300 126.25 7/20/2006 RA -PHS nni 23002 500.00 $500.00 7/20/2006 71729 MARIA RIVERA PK REFUND -DBC -- - RECREATION REFUND 001 34780 85.00 $85.00 7!20/2006 71730 DANILO SALANDAN RECREATION REFUND 001 34780 58.00 $58.00 7/20/2006 71731 CHERYL SAPLAN ONE PITCH TOURNAMENT 0015350 1 15500 50.00 $50.00 7/20/2006 71732 SCMAF RECREATION REFUND 001 34780 89.00 $89.00 7/20/2006 71733 VERONIKA SNYDER LEASE -CITY HALL JUL 0014090 42140 21,204.75 $21,204.75 QUALITY MGT DISTRICT 7/20/2006 71734 SO COAST AIR jPK REFUND -DBC 001 23002 500.00 $500.00 7/20/2006 71735 ALPA SONAWALA ELECT SVCS -TRAFFIC CONTRL 0015510 42126 37.16 $14,378.18 7/20/2006 71736 SOUTHERN CALIFORNIA EDISON IC CONTRL ELECT SVCS -TRAFFIC 0015510 42126 50.42 7/20/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 42.70 7/20/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 43.44 7/20/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 61.61 7/2012006 SOUTHERN CALIFORNIA EDISON 0015340 42126 3,419.49 7/20/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -PARKS 0015510 42126 37.16 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 7/20/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 27.91 7/20/2006 ELECT SVCS-DIST 39 1395539 42126 256.65 7120/2006 SOUTHERN CALIFORNIA EDISON ELECT SVCS -TRAFFIC CONTRL 0015510 42126 195.37 7/20/2006 SOUTHERN CALIFORNIA EDISON 1415541 42126 44.14 7/20/2006 SOUTHERN CALIFORNIA EDISON IST 41 ELECT SVCS-DIST 1415541 42126 12.90 CALIFORNIA EDISON ELECT SVCS DIST 41 7/20/2006 SOUTHERN Page 8 SUPPLIES -COMM SVCS City of Diamond Bar - Check Register 07/14/06-07/27/06 46.01 $3,527.96 SUPPLIES -RECREATION 0015350 41200 3,481.95 Transaction Description ELECT SVCS-DIST 38 ELECT SVCS-DIST 38 ELECT SVCS-DBC ELECT SVCS-DIST 38 ELECT SVCS-DIST 38 Fund/ Dept Acct # Aount m Total Check Amount Check Date Check Number Vendor Name 1385538 1385538 0015333 1385538 1385538 42126 42126 42126 42126 42126 26.23 310.67 9,746.10 14.19 52.04 $14,378.18 ... 7/20/2006 7/20/2006 7/20/2006 7/20/2006 7/20/2006 71736... SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON SOUTHERN CALIFORNIA EDISON MEMBERSHIP DUES 0014060 42315 100.00 $100.00 7/20/2006 71737 SOUTHERN CALIFORNIA PUBLIC LABOR 7/20/2006 7/20/2006 71738 STITCHES UNIFORMS & EMBROIDERY STITCHES UNIFORMS & EMBROIDERY PK REFUND-DBC PROPERTY DAMAGE-DBC uu i 001 ��n�o �... 36810 inn nn -- -28.00 $672.00 7/20/2006 7/20/2006 71739 RUBEN TORRES RUBEN TORRES MAINT-DBC 0015333 42210 314.00 $314.00 7/20/2006 71740 TRANE SERVICE GROUP 7/20/2006 71741 UNITED SITE SERVICES OF CA INC EQ RENTAL-CONCERT 6/28 0015350 42130 454.13 $454.13 EXCURSION-DAY CAMP 0015350 42410 2,765.00 $2,765.00 7/20/2006 71742 UNIVERSAL STUDIOS HOLLYWOOD 7/20!2006 71743 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICALS 0014060 42345 84.00 $84.00 PH.SVCS-SYC CYN PK 0015340 42125 91.55 $91.55 7/20/2006 71744 VERIZON CALIFORNIA E7/20/2006 71745 WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICT WALNUT VALLEY WATER DISTRICTWATER WALNUT VALLEY WATER DISTRICT WATER SVCS-DIST 41 WATER SVCS-PARKS SVCS-DIST 38 WATER SVCS-DIST 39 1415541 0015340 1385538 1395539 42126 42126 42126 42126 7,152.87 16,127.09 16,050.50 3,982.70 $43,313.16 7/20/2006 71746 WARREN SIECKE ENGINEERING SVCS-JUN 06 0015554 44520 453.00 $453.00 REFUND-EN 06-506 001 23012 500.00 $500.00 7/20/2006 71747 KRISTY SINGFONG WU 7/20/2006 71748 SONIA YANEZ PK REFUND-SYC CYN PK 001 23002 50.00 $50.00 IPLIVG COMM-APR/MAY 0015210 44100 260.00 $260.00 7/20/2006 71749 YI TONY TORNG SUPPLIES -COMM SVCS 0015310 41200 46.01 $3,527.96 SUPPLIES -RECREATION 0015350 41200 3,481.95 Page 9 7/27/2006 71757 ARROYO GEOTECHNICAL CORP 7/27/2006 ARROYO GEOTECHNICAL CORP 7/2712006 ARROYO GEOTECHNICAL CORP 7/271 City of Diamond Bar - Check Register 07/14/06-07/27/06 7/27/2006 ALBERTSONS 2006 ARROYO GEOTECHNICAL CORP Total Check Amount ARROYO GEOTECHNICAL CORP 7/27/2006 Transaction Description ARROYO GEOTECHNICAL CORP Fund/ Dept Acct # Amount Check Date Check Number ARROYO GEOTECHNICAL CORP Vendor Name PROF.SVCS-EN 06-512 ARROYO GEOTECHNICAL CORP 7/27/2006 368.46 ARROYO GEOTECHNICAL CORP 7/27/2006 001 ARROYO GEOTECHNICAL CORP 7/27/2006 ARROYO GEOTECHNICAL CORP 7!27/2006 23012 RECREATION REFUND 7/27/2006 001 34720 85.00 $90.00 ARROYO GEOTECHNICAL CORP 7/20/2006 71750 23012 SUNNY YOON ADMIN FEE -EN 02-352 001 001 34720 5.00 PROF.SVCS-EN 06-516 001 7120/2006 300.00 SUNNY YOON 001 RECREATION REFUND 54.00 ADMIN FEE -EN 06-516 001 34650 -54.00 EQ RENTAL-SYC CYN PK 0015310 42130 13.25 $13.25 7!20/2006 71751 YOSEMITE WATER RECREATION REFUND 001 34780 65.00 $85.00 7/20/2006 71752 KAN ZHANG M CONTRACT CLASS-SUMER 0015350 45320 411.00 $411.00 7/27/2006 71753 ABRAKADOODLE MODEM SVCS COUNCIL 0014010 42130 93.90 $133.85 F7/27/2006 71754 ADELPHIA INTERNET SVCS HERITAGE 0015340 42126 39.95 7/27/2006 ADELPHIA 0015350 41200 1.40AMP 7/27/2006 71755 =UPPLIES-DAAMP 0015350 41200 66.67 JALBERTSONS SUPPLIES -RECREATION 0015350 41200 232.00 $232.00 7/27/2006 71756 AMERICAN RED CROSS 54 00 $3 133 46 7/27/2006 71757 ARROYO GEOTECHNICAL CORP 7/27/2006 ARROYO GEOTECHNICAL CORP 7/2712006 ARROYO GEOTECHNICAL CORP 7/271 7/27/2006 ALBERTSONS ADMIN FEE -EN 05-496 001 23012 ADMIN FEE -EN 05-496 001 34650 -54.00 SLOPE REPAIR -DBC 2505510 46416 1,275.00 ADMIN FEE -EN 06-507 001 34650 -54.00 PROF.SVCS-EN 06-507 001 23012 85.00 PROF.SVCS-EN 0 2006 ARROYO GEOTECHNICAL CORP 7/27!2006 ARROYO GEOTECHNICAL CORP 7/27/2006 ARROYO GEOTECHNICAL CORP 7/27/2006 ARROYO GEOTECHNICAL CORP 7/27/2006 23012 ARROYO GEOTECHNICAL CORP 7/27/2006 PROF.SVCS-EN 06-512 ARROYO GEOTECHNICAL CORP 7/27/2006 368.46 ARROYO GEOTECHNICAL CORP 7/27/2006 001 ARROYO GEOTECHNICAL CORP 7/27/2006 ARROYO GEOTECHNICAL CORP 7!27/2006 23012 ARROYO GEOTECHNICAL CORP 7/27/2006 PROF.SVCSO-EN 02-352 ARROYO GEOTECHNICAL CORP 7127/2006 590.00 ARROYO GEOTECHNICAL CORP 7/27/2006 71758 GREG BASILIO FKRE-FUND-HERITAGE 5-496 001 23012 300.00 PROF.SVCS-EN 06-512 001 23012 368.46 PROF.SVCS-EN 06-507 001 23012 215.00 ADMIN FEE -EN 06-507 001 23012 54.00 PROF.SVCSO-EN 02-352 001 23012 590.00 ADMIN FEE -EN 02-352 001 23012 106.20 ADMIN FEE -EN 02-352 001 34650 -106.20 PROF.SVCS-EN 06-516 001 23012 300.00 ADMIN FEE -EN 06-516 001 23012 54.00 ADMIN FEE -EN 06-516 001 34650 -54.00 001 23002 200.00 $27/27/2006 GREG BASILIO FUND -HERITAGE 001 36620 95.00 Page 10 Page 11 Check Register 07/14/06-07/27/06 City of Diamond Bar - Transaction Description Amount Total Check Amount Check Date Check Number Vendor Name fFund;/D4eptt;AcG;t# 7/28/06-P/R DEDUCTIONS 511.20 $511.20 7/27/2006 71759 BENESYST RECREATION REFUND 001 34730 72.00 $72.00 7/27/2006 71760 DONNA BURK EXCURSION-DAY CAMP 0015350 42410 682.00 $682.00 7/27/2006 71761 CAMELOT GOLFLAND SUPPLIES-DBC 0015333 41200 41200 48.71 535.12 $797.84 7/27/2006 71762 CATALINA BALLAST BULB COMPANY 7/27/2006 CATALINA BALLAST BULB COMPANY SUPPLIES-DBC 0015333 0015340 42210 214.01 7/27/2006 CATALINA BALLAST BULB COMPANY SUPPLIES-PANTERA CONTRACT CLASS SUMMER 0015350 45320 540.00 $540.00 �i�7i�nn� 71763 TINA CHANG PK REFUND-DBC 001 23000 $350.00 7/27/2006 71764 JENN COHN JANNL DUES-FY 06/07 0015350 42315 75.00 $75.00 SERVICES-SSA 7/27/2006 71765 COMMUNITY SENIOR CCCA MTG-COUNCIL 0014010 42325 15.00 $15.00 7/27/2006 71766 CONTRACT LAW FUND RECREATION REFUND 001 34780 231.00 $231.00 7/27/2006 71767 CATHERINE COOPER DEBT COLLECTIONS SLRY ATTCHMT-CE-069-5061 001 21114 9.62 $9.62 7127/2006 71768 COURT ORDERED BLDG & SFTY SVC-6/1-6/30 0015220 45000 71,729.65 $71,729.65 7/27/2006 71769 D & J MUNICIPAL SERVICES INC 1PK REFUND-DBC 001 36615 400.00 $400.00 7/27/2006 71770 ROSEMARIE DE PASS OF CONSERVATION SMIP FEES-APR - JUN 06 001 34350 2,846.67 $2,846.67 7/27/2006 71771 DEPARTMENT SENIOR CITIZENS CLUB PROCEEDS-CITY B/DAY 0015350 42353 409.61 $409.61 7/27/2006 71772 DIAMOND BAR PK REFUND-HERITAGE 001 23002 200.00 $200.00 7/2712006 71773 DEBORAH DOLLA CONTRACT CLASS-SUMMER 0015350 45320 156.007/27/2006EDUCATION 7/27/2006 71774 EDUCATION =GO CONTRACT CLASS-SUMMER 0015350 45320 52.00 PLANT MAINT-C' JUN 0014090 42210 115-00 $315.00 27/2006 F7/2712006 71775 EVERGREEN INTERIORS PLANT MAINT-LIBRARY 0014090 42210 .00 EVERGREEN INTERIORS Page 11 City of Diamond Bar - Check Register 07/14/06-07/27/06 Check Date Check Number Vendor Name 7/27/2006 71776 FINESSE PERSONNEL/WC BARLOW 7/27/2006 FINESSE PERSONNELfWC BARLOW Transaction Description Fund/ Dept Acct # Amount Total Check Amount TEMP SVCS -WK 7/8-CMGR TEMP SVCS -WK 7/8-P/WKS 0014030 0015510 44000 44000 405.00 720.00 $1,125.00 SUPPLIES -RECREATION 0015350 7/27/2006 PK REFUND-PANTERA 001 23002 200.00 $200.00 7/27/2006 71777 IGENEVIEVE GALANG 0015350 41200 552.13 $335.48 SUPPLIES -DBC 0015333 41200 409.08 $409.08 7/27/2006 71778 IGRAYBAR REIMB-MMASC CONF 0014030 42330 371.86 $371.86 CONTRACT CLASS -SUMMER 0015350 45320 524.40 $524.40 7/27/2006 71779 ISHANNON GRIFFITHS CONTRACT CLASS -SUMMER 0015350 45320 1,209.60 $1,209.60 7/27/2006 71780 RAQUEL COREEN HERNANDEZ nni3n 45 30 350.00 $350.00 7/2712006 71781 KEITH JOHNSON ENTERT AINMENT-SR DANCE --- PARKING CITE ADMIN -JUN 06 0014411 45405 785.48 $785.48 7/27/2006 71782 IJUDICIAL DATA SYSTEM CORP RECREATION REFUND 001 34730 39.00 $39.00 7/27/2006 183 7 7 MEHERNNISA KADRI RECREATION REFUND 001 34730 36.00 $36.00 7/27/2006 71784 GRETCHEN KAUFMAN SUPPLIES -RECREATION 0015350 7/27/2006 71785 KUSTOM IMPRINTS INCORP. 7/27/2006 0015350 KUSTOM IMPRINTS INCORP. 7/27/2006 KUSTOM IMPRINTS INCORP. SUPPLIES -RECREATION 0015350 41200 941.81 $1,985.87 SUPPLIES -RECREATION 0015350 41200 491.93 SUPPLIES -RECREATION 0015350 41200 552.13 $335.48 7/27/2006 71786 LEAGUE OF CALIFORNIA CITIES LEAGUE MTG COUNCIL 0014010 42325 35.00 $35.00 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 71787 ILEIGHTUN & AJSUI A i tom, IPA- LEIGHTON & ASSOCIATES, INC. LEIGHTON & ASSOCIATES, INC. 71788 IRIZIA LIN 71789 LOS ANGELES COUNTY DIST. ATTORNEY 71790 MAGIC AND VARIETY ENTERTAINMENT 71791 RYAN MCLEAN PROF.SVCS-EN 06-515 001 23012 1,459.00 $1,459.00 ADMIN FEE -EN 06-515 001 23012 262.62 ADMIN FEE -EN 06-515 001 34650 -262.62 $335.48 RECREATION REFUND 001 34730 72.00 $72.00 SLRY ATTCHMT BY0426064 001 1 21114 335.48 $335.48 SUPPLIES-JUL ( BLAST 0015350 45300 200.00 $200.00 REIMB-MMASC CONF 0014030 42330 371.86 $371.86 Page 12 Page 13 City of Diamond Bar - Check Register 07/14/06-07/27/06 PK REFUND -HERITAGE 001 Transaction Description Fund/ Dept Acct #Amount 200.00 Total Check Amount Check Date Check Number Vendor Name rSUPPLIES-PAIWORKS PPLIES-TRANSIT SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES-P/WORKS SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES -DBC SUPPLIES -DBC SUPPLIES -COMM SVCS SUPPLIES -DBC MEMO CREDIT -DBC SUPPLIES -DBC SUPPLIES -DBC SUPPLIES -DBC SUPPLIES -DBC SUPPLIES-PLNG SUPPLIES-PLNG SUPPLIES-NGHBRHD IMP SUPPLIES-PLNG MEMO CREDIT-PLNG SUPPLIES-PLNG 0015510 1125553 uui535v 0015350 0015510 0015350 0015350 0015350 0015350 0015350 0015350 0015333 0015333 0015350 0015333 0015333 0015333 0015333 0015333 0015333 0015210 0015210 0015230 0015210 0015210 0015210 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 46220 46220 41200 BUILDING MAINTENANCE LLC MAINT-DBC 0015333 45300 1,086.80 $1,086.80 7/27/2006 71792 MERCHANTS 7/27/2006 7/27/2006 7/2712006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7127/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 71795 OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC MEMBERSHIP DUES-I.T 0014070 42315 100.00 $740.00 7/27/2006 71793 MISAC MEMBERSHIP DUES-DEFORGES 0014070 42315 240.00 7/27/2006 MISAC MEMBERSHIP DUES-DOYLE 0014070 42315 200.00 7/27/2006 MISAC MEMBERSHIP DUES-AZIZ 0014070 42315 200.00 7/27/2006 MISAC Page 13 PK REFUND -HERITAGE 001 23002 200.00 $200.00 7/27/2006 71794 ISHARINOBLE rSUPPLIES-PAIWORKS PPLIES-TRANSIT SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES-P/WORKS SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES -COMM SVCS SUPPLIES -DBC SUPPLIES -DBC SUPPLIES -COMM SVCS SUPPLIES -DBC MEMO CREDIT -DBC SUPPLIES -DBC SUPPLIES -DBC SUPPLIES -DBC SUPPLIES -DBC SUPPLIES-PLNG SUPPLIES-PLNG SUPPLIES-NGHBRHD IMP SUPPLIES-PLNG MEMO CREDIT-PLNG SUPPLIES-PLNG 0015510 1125553 uui535v 0015350 0015510 0015350 0015350 0015350 0015350 0015350 0015350 0015333 0015333 0015350 0015333 0015333 0015333 0015333 0015333 0015333 0015210 0015210 0015230 0015210 0015210 0015210 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 41200 46220 46220 41200 48.14$5,574.587/27!2006 4.17 19,46 9.42 130.21 21.09 20.28 14.06 14.93 81.75 33.50 14.41 7.17 3.33 69.63 -4.96 226.46 253.06 15.40 63.34 186.98 15.24 155.12 3,392.18 -3,392.18 1,196.42 7/27/2006 7/27/2006 7/2712006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7127/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 7/27/2006 71795 OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC OFFICEMAX CONTRACT INC Page 13 Page 14 City of Diamond Bar - Check Register 07/14/06-07/27/06 Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount Check Date Check Number 7/27/2006 71795... OFFICEMAX CONTRACT INC SUPPLIES-P/INFO 0014095 41200 454.41 $5,574.58 ... 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -PUBLIC SFTY 1274411 46250 28.51 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -PUBLIC SFTY 1274411 46250 35.13 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 462.94 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 28.66 7/2712006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 293.57 7/27/2006 OFFICEMAX CONTRACT INC MEMO CREDIT -GENERAL 0014090 41200 -154.85 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 124.61 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 21.57 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 703.31 .nv -MMA inV` C SUPPLIES -GENERAL 0014090 41200 343.84 7/27%2006 OFFICEMAX t i� I i.. � INC OFFICEMAX CONTRACT INC - SUPPLIES -GENERAL 0014090 41200 5.90 7/27/2006 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 226.74 7127/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 21.82 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 63.45 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES-H/R 0014060 41200 80.62 7/27/2006 OFFICEMAX CONTRACT INC MEMO CREDIT-H/R 0014060 41200 -132.89 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -GENERAL 0014090 41200 9.89 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -FINANCE 0014050 41200 110.80 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES-H/R 0014060 41200 11.07 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES-H/R 0014060 41200 132.89 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES -CITY COUNCIL 0014010 41200 14.93 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES-CMGR 0014030 41200 56.01 7/27/2006 OFFICEMAX CONTRACT INC SUPPLIES-CMGR 1 0014030 41200 36.94 AUG 06 -HEALTH INS PREM 001 21105 22,814.74 $23,050.34 7/27/2006 71796 PERS HEALTH AUG 06 -HEALTH INS PREM 0014060 40093 106.40 7/27/2006 PERS HEALTH AUG 06 -HEALTH INS PREM 0014090 40086 129.20 7/27/2006 PERS HEALTH 7/27/2006 71797 PERS RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 12,850.72 $21,033.53 7/27/2006 PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 8,140.03 7/27/2006 PERS RETIREMENT FUND SURVIVOR BENEFIT 001 21109 42.78 7/27/2006 71798 RETIREMENT FUND RETIRE CONTRIB-ER 001 21109 329.77 $546.65 7/27/2006 JPERS PERS RETIREMENT FUND RETIRE CONTRIB-EE 001 21109 208.88 Page 14 Page 15 City of Diamond Bar - Check Register 07/14/06-07/27/06 Transaction Description Fund/ Dept Acct # Amount Total Check Amount Check Date Check Number Vendor Name 8.OD $546.65 ... SURVIVOR BENEFIT 001 21109 7/27/2006 71798... PERS RETIREMENT FUND REFUND 001 34730 36.00 $121.00 7/27/2006 71799 ������]RECREATION REATION REFUND 001 34720 85.007/27/2006 COMMUNITY ORG SUPPORT 0114010 42355 2,000.00 $2,000.00 7/27/2006 71800 POMONA VALLEY YMCA BURG/FIRE ALARM -DBC 0015340 42210 52.50 $288.54 7/27/2006 71801 PROTECTION SERVICE INDUSTRIES LP ALARM SYS-SYC CYN PK 0015340 42210 97.20 7/27/2006 PROTECTION SERVICE INDUSTRIES LP BURG/FIRE ALARM -HERITAGE 0015340 42210 86.34 7/27/2006 PROTECTION SERVICE INDUSTRIES LP 0015340 42210 52.50 /.TION SERVICE 1ND ISTRIF_S LP ALARM SYS -DBC 7/27/2006 PrivTE�.� ��,�. ���.•,�� ��.---_.. 20 $57.76 RALPHS GROCERY/FOOD 4 LESS SUPPLIES -GENERAL 0014090 0014090 42325 42325 56 ::22:7 7/2712006 71802 RALPHS GROCERY/FOOD 4 LESS SUPPLIES -GENERAL 7/27/2006 0014090 42110 314.42 $314.42 REINBERGER PRINTWERKS PRINT SVCS -FINANCE 7/27/2006 71803 PK REFUND-PANTERA 001 23002 200.00 $200.00 7/27/2006 71804 GABRIELA RODRIQUEZ REIMB-CITY B/DAY CELE 0015350 42353 136.50 $136.50 7/27/2006 71805 ROTARY CLUB OF WALNUT VALLEY REIMB-4TH OF JULY 0015350 45300 91.00 $91.00 7/27/2006 71806 ROTARY CLUB OF WALNUT VALLEY RECREATION REFUND 001 34730 78.00 $78.00 7/27/2006 71807 PANEE RUTTANASEE PROF.SVCS-COG 0014090 44000 3,300.00 $19,883.28 7/27/2006 71808 SAN GABRIEL VALLEY COUNCIL OF, 0014090 42315 2,250.00 SAN GABRIEL VALLEY COUNCIL OF GOVMT MEMBERSHIP DUES 42315 7,166.64 7/27/2006 SAN GABRIEL VALLEY COUNCIL OF GOVMT MEMBERSHIP DUES -AQ 1185098 7,166.64 7/27/2006 SAN GABRIEL VALLEY COUNCIL OF GOVMT MEMBERSHIP DUES 1125553 42315 7/27!2006 001 23002 200.00 $200.00 PK REFUND -HERITAGE 7 /27/2006 71809 JORGE SANTOS RECREATION REFUND 001 34780 65.00 $65.00 7/27/2006 71810 LAURA SIEGEL SUPPLIES -SR BINGO 0015350 41200 16 5.92 $472.53 7/27/2006 71811 SMART & FINAL SUPPLIES -SR BINGO 0015350 41200 305.61 7/27/2006 SMART & FINAL Page 15 City of Diamond Bar - Check Register 07/14/06-07/27/06 # Amount Total Check Amount ption Fund/ Dett:] c 00153455.60 $216.9500153361.35 89 00 $64.00 Check Number Vendor Name Transaction Descri TAX DUE -APR -JUN 71812 SOUTHERN CALIFORNIA GAS COMPANY SOUTHERN CALIFORNIA GAS COMPANY GAS SVCS -HERITAGE PK GAS SVCS -DBC E27/2 ption Fund/ Dett:] c 00153455.60 $216.9500153361.35 89 00 $64.00 Page 16 71813 STATE BOARD OF EQUALIZATION SALESIUSE TAX DUE -APR -JUN 001 36650 36650 -25.00 7/27/2006 SALES/USE TAX DUE -APR -JUN 001 7/27/2006 STATE BOARD OF EQUALIZATION CONTRACT CLASS SUMMER 0015350 45320 5,888.40 $5,888.40 7/27/2006 71814 TENNIS ANYONE PK REFUND -HERITAGE 001 23002 200.00 $342.50 7/2712006 71815 LYNN TREVINO PK REFUND -HERITAGE 001 36615 142.50 7/2712006__J_LYNN TREVINO �n�on 2A2.23 $211.78 7/27/2006 71816 UNITED SITE SERVICES OF CA INC SCHL 00 15340 0015340 .�- 42130 -80.45 F7llMAINT-LORBEER UNITED SITE SERVICES OF CA INC MEMO CREDIT !27/2006 0015350 42130 1,435.31 $1,435.31 UNITED SITE SERVICES OF CALIFORNIA EQ RENTAL -JULY BLAST 7127/2006 71817 13.00 $13.00 US HEALTHWORKS MEDICAL GROUP PC PRE-EMPLOYMENT PHYSICALS 0014060 42345 7/27/2006 71818 001 21108 4,764.23 $4,764.23 71819 VANTAGEPOINT TRANSFER AGENTS -457 7/28/06-P/R DEDUCTIONS 7/27/2006 001 34730 72.00 $72.00 RECREATION REFUND 7/27/2006 71820 SURESH VERMA REIMS -CONCERTS IN PARK 0015350 45305 57.00 $57.00 7/27/2006 71821 WALNUT VALLEY KIWANIS CLUB FACILITY RENTAL-J�06 1000 7/27/2006 71822 WALNUT VALLEY UNIFIED SCHOOL DIST FACILITY RENTAL-J 0015350 42140 1,100.00$1,200.00 WALNUT VALLEY UNIFIED SCHOOL DIST 7/27/2006 001 34780 40.00 $40.00 RECREATION REFUND 7/27/2006 71823 YUH HUEY WANG SUPPLIES -DBC 0015333 42210 204.81 $204.81 7/27/2006 71824 WAXIE SANITARY SUPPLY LEAGUE CONF-COUNCIL 0014010 42330 688.10 $688.10 7127/2006 71825 WELLS FARGO BANK MEMO CREDIT -COUNCIL 0014010 42330 28.00 $225.10 7/27/2006 71826 WELLS FARGO BANK LEAGUE CONF-COUNCIL 0014010 42330 253.10 7/27/2006 WELLS FARGO BANK IV MTG I T STAFF 0014030 42325 56 82 $56.82 Page 16 Page 17 Check Register 07/14/06-07/27/06 City of Diamond Bar - Transaction Description Fund/ Dept Acct # Amount Total Check Amount Check Date Check Number Vendor Name UNIFORM SVCS-V/PATROL 0014415 41200 142.02 $287.82 7/27/2006 71828 WEST END UNIFORMS UNIFORM SVCS-V/PATROL 0014415 41200 145.80 7/27/2006 WEST END UNIFORMS AA/ SVCS-P/C,CNCL MTG 0014090 44000 367.50 $367.50 7/27/2006 71829 PAUL WRIGHT RECREATION REFUND 001 34780 89.00 $89.00 7/27/2006 71830 MARIA YAMASHIRO REIMB-4TY OF JULY 0015350 TI45300 $288-00:1:_ 7/27/2006 71831 Y'S MEN $350.00 PK REFUND DBC 001 23002 350.00 r �i��nnna 71832 AUSTIN YUEN DBC -LEASE PMT -AUG 0014090 42140 59,900.74 $59,90 40 7/27/2006 WIT 11 UNION BANK OF CALIFORNIA, NA $789,675.94 Page 17 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Dave Doyle, Interim City Manager TITLE: Treasurer's Statement — June 2006 RECOMMENDATION: Approve the June 2006, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.3 Meeting Date: Aug. 1, 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 Departm t HeadInterim ity Attachments: Treasurer's Statement, Investment Portfolio Report --t C .fie CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT June 30, 2006 (Preliminary) SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($449,718.09) PAYROLL ACCOUNT 11,005.28 CHANGE FUND 250.00 PETTY CASH ACCOUNT 11000.00 TOTAL DEMAND DEPOSITS ($437,462.81) INVESTMENTS: US TREASURY Money Market Acct. BEGINNING LOCAL AGENCY INVESTMENT FD 29,198,143.12 TRANSFERS ENDING FED HOME LOAN BANK NOTE - 1.5 yr BALANCE RECEIPTS DIS13URSEMENTS IN (OUT) BALANCE GENERAL FUND $29,66:5,371.89 $1,042,082.94 $1,176,787.86 $9,990.00 $29,540,656.97 LIBRARY SERVICES FUND 0.00 0.00 COMMUNITY ORG SUPPORT FD (10,914.68) 3,100.00 (14,014.68) GAS TAX FUND 558,894.65 177,872.28 736,766.93 TRANSIT TX (PROP A) FD 974,250.21 147,686.51 74,663.23 1,047,273.49 TRANSIT TX (PROP C) FD 1,481',495.37 78,492.37 1,559,987.74 ISTEA Fund 283 INTEGRATED WASTE MGT FD 478,027.14 26,421.96 18,617.16 485,831.94 AB2928-TR CONGESTION RELIEF FD 193,851.12 193,851.12 AIR QUALITY IMPRVMNT FD 100,709.26 6,405.03 94,304.23 TRAILS & BIKEWAYS FD 0.00 31,083.00 31,083.00 PARK FEES FD 0.00 19,575.00 19,575.00 PROP A - SAFE PARKS ACT FUND (2,016.41) (2,016.41) PARK & FACILITIES DEVEL. FD 1,949,022.22 1,949,022.22 COM DEV BLOCK GRANT FD (121,032.74) 82,480.00 32,146.68 (28,834.00) (99,533.42) CITIZENS OPT -PUBLIC SAFETY FD 219,629.86 219,629.86 NARCOTICS ASSET SEIZURE FD 328,045.89 134.06 327,911.83 CA LAW ENFORCEMENT EQUIP PRGI 74,243.51 LANDSCAPE DIST #38 FD (32,850.81) 36,645.06 74,243.51 (69,495.87) LANDSCAPE DIST #39 FD 167,215.50 19,721.13 147,494.37 LANDSCAPE DIST #41 FD 230,889.65 13,969.26 216,920.39 GRAND AV CONST FUND 0.00 CAP IMPROVEMENT PRJ FD (2,810,652.08) 254,554.17 18,844.00 0.00 (3,046,362.25) SELF INSURANCE FUND 1,376,135.88 1,376,135.88 EQUIPMENT REPLACEMENT FUND 142,775.11 COMPUTER REPLACEMENT FUND 32,244.51 142,775.11 PUBLIC FINANCING AUTHORITY FUNI 265,467.18 21,599.62 46.96 32,244.51 287,019.84 TOTALS $35,543.,914.90 $1,627,293.68 $1,636,790.60 $0.00 $35,534,417.98 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($449,718.09) PAYROLL ACCOUNT 11,005.28 CHANGE FUND 250.00 PETTY CASH ACCOUNT 11000.00 TOTAL DEMAND DEPOSITS ($437,462.81) INVESTMENTS: US TREASURY Money Market Acct. $486,717.83 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 11000,000.00 FED HOME LOAN BANK NOTE - 2.0 yr 11000,000.00 FED FARM CREDIT NOTE - 2.5 yr 11000,000.00 FED HOME LOAN BANK NOTE - 1.5 yr 11000,000.00 FED HOME LOAN BANK NOTE - 2.0 yr 1,000,000.00 CASH WITH FISCAL AGENT: US TREASURY Money Market Account 287,019.84 LOCAL AGENCY INVESTMENT FD 0.00 (Bond Proceeds Account) TOTAL INVESTMENTS 35,971,880.79 TOTAL CASH $35,534,417.98 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. In addition, the City has started investing in longer term investments. These investments are detailed on the attached Investment Report. All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash Flow liquidity to meet the next six month's estimated expenditures. Dave Doyle, Acting Treasurer V (Preliminary) CITY OF DIAMOND BAR INVESTMENT PORTFOLIO REPORT for the Month of June 2006 2004-05 Actual Interest Income $687,186.07 2005-06 Budgeted Interest Income $717,500.00 Actual Year -To -Date Interest Income $ 936,583.77 Percent of Interest Received to Budget 130.534% (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 (6) Callable 09/27/06 Monthly Interest Purchase Maturity Amount Fair Market Interest Received Institution Investment Type Rating Date Date Term At Cost Value Accrued in June'06 Rate Yield State of California Local Agency Inv Fund AAA 29,198,143.12 29,145,172.46 114,359.39 - 4.700% 4.700% Wells Fargo Bank US Treasury Money Market AAA 486,717.83 486,717.83 - 3,597.21 4.320% 4.320% Union Bank -(Fiscal Agent) US Treasury Money Market AAA 287,019.84 287,019.84 873.90 4.360% 4.360% Union Bank -(Fiscal Agent) Local Agency Inv Fund AAA - - - 0.000% 0.000% Wells Fargo Inst Securities Federal Home Loan Note AAA 09/29/05 09/29/06 1.0 Yr 1,000,000.00 996,600.00 3,375.00 4.050% 4.050% (1) Wells Fargo Inst Securities Federal Home Loan Note AAA 10/20/05 04/20/07 1.5 Yr 1,000,000.00 989,900.00 3,541.67 4.250% 4.250% (2) Wells Fargo Inst Securities Federal Home Loan Note AAA 11/09/05 05/09/07 1.5 Yrs 1,000,000.00 992,000.00 3,833.33 4.600% 4.600% (5) Wells Fargo Inst Securities Federal Home Loan Note AAA 09/28/05 09/28/07 2.0 Yrs 1,000,000.00 986,100.00 3,625.00 4.350% 4.350% (3) Wells Fargo Inst Securities Federal Farm Credit Note AAA 09/27/05 03/27/08 2.5 Yrs 1,000,000.00 984,100.00 3,783.33 4.540% 4.540% (4) Wells Fargo Inst Securities Federal Home Loan Note AAA 06/27/06 06/27/08 2.0 Yrs 1,000,000.00 997,400.00 4,666.67 5.600% 5.600% (6) Totals for month $ 35,971,880.79 $ 34,867,610.13 $ 132,517.73 $ 4,471.11 Less Investments matured during the month 0.00 0.00 Total Investments at 06/30/06 $ 35,971,880.79 $ 34,867,610.13 2004-05 Actual Interest Income $687,186.07 2005-06 Budgeted Interest Income $717,500.00 Actual Year -To -Date Interest Income $ 936,583.77 Percent of Interest Received to Budget 130.534% (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 (6) Callable 09/27/06 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager ow—) Agenda # 6.4 Meeting Date: 08/01/06 AGENDA REPORT TITLE: APPROVAL OF CONTRACT AMENDMENT #9 WITH DAVID EVANS AND ASSOCIATES, INC FOR $50,000 PLUS A CONTINGENCY OF $5,000 FOR A TOTAL AUTHORIZATION OF $55,000 TO PROVIDE DESIGN SERVICES FOR LORBEER FOOTBALL FIELD, TRACK AND SLOPE. RECOMMENDATION: Approve. FINANCIAL IMPACT: Funds for the cost of this amendment are included in the 2006/07 FY budget utilizing Park Development Funds. BACKGROUND: The City of Diamond Bar and the Pomona Unified School District have entered into a use agreement for Lorbeer Middle School, effective 7/25/06. Section 3.3 of the agreement requires the City to renovate the football field, track and slope along Golden Springs prior to August 20, 2007. To prepare for this work, the City requires the services of a landscape architect. David Evans and Associates is the City's on-call landscape architect. They submitted a proposal to complete the work necessary to develop plans and specifications for the improvements at Lorbeer Middle School in the amount of $50,000. Staff recommends a $5,000 contingency be added to their proposed amount for reimbursables, for a total authorization of $55,000. DISCUSSION: David Evans and Associates has been the City's on call landscape architect since February, 2002. Their contract: with the City continues until December 31, 2007. Staff believes David Evans and Associates possesses the qualifications and knowledge necessary to successfully complete this project. Under an earlier contract with the City, David Evans and Associates completed the construction documents used to install the ball field lights at Lorbeer Middle School. Their knowledge of the Lorbeer site and proven ability to work with both the School District and the City make them uniquely qualified to perform the work required of this contract. The contract with Pomona Unified School District requires the City to complete the following by August 20, 2007: 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. ATTACHMENTS: 1) Amendment #9 to Agreement dated August 1, 2006. 2) DEA Proposal to Provide Landscape Architectural Services dated July 25, 2006. 3) DEA Consulting Services Agreement dated February 5, 2002. PREPARE Y: Bob Rose Director of Community Services AMENDMENT #9 TO AGREEMENT THIS AMENDMENT #9 TO AGREEMENT is made this 1 st day of August 2006, by and between the CITY OF DIAMOND BAR, a municipal corporation ("City") and DAVID EVANS AND ASSOCIATES, INC. ("CONSULTANT"). Recitals: a. CONSULTANT entered into an agreement with CITY on February 5, 2002 (the "AGREEMENT") in the amount not to exceed $25,000 for as -needed Landscape Architect Services for the term of February 5, 2002 through February 5, 2005. b. Additional Landscape Architect services were added to the AGREEMENT per Amendments #1 through 48 and extended the term through December 31, 2007, and increased the contract to an amount not to exceed $316,676. Parties desire to amend the AGREEMENT to add the design of Lorbeer Football Field and slope to the scope of services for an amount not to exceed $55,000. d. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Attachment "B" to the AGREEMENT is amended by adding thereto the following additional landscape architect services: Landscape Architectural Services for the design of Football Field and Slope at Lorbeer Middle School as described in proposal dated July 25, 2006. Section 3 of the AGREEMENT its amended to add compensation in the amount of $55,000 for a total authorization not to exceed $371,676. 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 #9 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 Mayor APPROVED TO FORM City Attorney DAVID EVANS AND ASSOCIATES, INC. Consultant Signed Title City Clerk zS 0; July 25, 2006 Mr. Bob Rose City of Diamond Bar Community and Development Services 21825 E. Copley Drive Diamond Bar, CA 91765 SUBJECT: PROPOSAL TO PROVIDE CONSULTING SERVICES FOR LORBEER MIDDLE SCHOOL FOOTBALL FIELD IMPROVEMENTS AND LANDSCAPE AND IRRIGATION IMPROVEMENTS ALONG GOLDERN SPRINGS ROAD IN THE CITY OF DIAMOND BAR Dear Bob: On behalf of David Evans and Associates, Inc. (DEA), we are pleased to respond to your request for consultant services on the above noted site. I met with you to discuss the project and therefore would like to present the following scope of services and fees. DEA reserves the right to modify this proposal should additional work be required. Task 1 — Start Up Meeting - $500 A DEA representative in the field of Landscape Architecture shall be available to attend a start up meeting which includes a site visit. This meeting will also provide a thorough review of the scope of services, objectives, design, maintenance, coordination with Walnut Valley Water District, construction schedule and budget. Task 2 - Topographic Survey - $9,000 • DEA will establish temporary site control for Lorbeer Middle School football/soccer field, running track, and street improvements along Golden Springs Road. • Provide 20 -scale, F contour interval topographic map of each of the project sites. Topographic mapping to include: existing light pole locations, running track curb location, fence lines, sidewalk and curb and gutter along Golden Springs Road and Diamond Bar Boulevard (curb and gutter, cross gutters, driveways, traffic signals, street lights), utility improvements (manholes, vaults, meter boxes, power poles and guy wires), and other improvements (catch basins, walls, fences buildings). • DEA will provide field survey to locate the existing features and elevations for the proposed design areas. The existing surface elevations will be taken at not less than 25' intervals in those areas where of the new design and of the existing improvements adjacent to the projects. This cross-section data will allow DEA to model the existing condition of these project areas. • From the survey data, DEA will prepare a topographic map for Lorbeer Middle School. No monuments will be set as part of this proposal. The topographic maps will depict existing, visible, aboveground utilities, and the topographic and supplemental survey data. Task 3 — Project Area Base Sheets - $1,100 DEA will prepare base maps generated frorn the digital plans listed above for the project area. July 25, 2006 Mr. Bob Rose City of Diamond Bar Lorbeer Field and Slope Improvements Page 2 a TOY, A V;__ Task 4 — Preliminary Design - $4,000 A preliminary design shall be prepared indicating the proposed field layout, track layout, in addition to, landscaping and irrigation improvements along Golden Springs road. DEA will also indicate possible future parking areas and sports field layout. (future design elements are not included in the construction document phase of this fee proposal)This plan shall be a colored rendering suitable for staff review. DEA does not anticipate any community meetings or City Council meetings at this time. DEA shall also prepare a preliminary opinion of cost for the proposed football, soccer field, track and slope improvements along Golden Springs Road. Task 5 — Construction / Site Plan - $4,000 DEA landscape architects shall prepare a construction plan indicating proposed site improvements as noted above. This plan shall provide the contractor with the required information necessary to construct the project in accordance with the design intent. DEA will also provide construction details for the football/soccer filed drainage system, catch basins, and curbing as required. Task 6 — Demolition, Grading, Drainage Plan (for football field only) - $11,200 DEA civil engineers will prepare a grading and drainage plan for the football/soccer field improvements. The plan will be prepared in AutoCAD and will be overlaid on the topographic map and site plan drawing. The plan will indicate demolition items, as well as surface features required to construct the grading, paving, and drainage. Please also note that a soils report will be necessary; however, the City may have this information available from projects currently in construction and therefore it is excluded from our work at this time. (this scope dose not include off site drainage improvements) Task 7 - Planting Plans - $2,800 The planting plan shall indicate location of trees, shrubs, groundcover, and turf. A planting legend will denote symbols, botanical and common names, size, quantities, and remarks. Planting notes shall be included as necessary. Task 8 - Irrigation Plans - $4,800 The irrigation plan will identify the point of connection and new meter location for the football/soccer field and the existing landscaped slope along Golden Springs Road, irrigation equipment location and type (backflow preventer, controller, gate valves, remote control valves, main line, lateral lines, sleeves, and irrigation heads), irrigation equipment legend, notes, and all necessary calculations for water usage (AB 325). DEA will also coordination with Walnut Valley water District. Task 9 — Electrical engineering — $2,500 JCA will prepare final electrical plans which include electrical service outlet for the irrigation controller and pedestal. Task 10 — Construction Cost Estimate - $1,100 DEA shall prepare a final opinion of cost for the proposed football, soccer field, and slope improvements along Golden Springs Road. This information shall be the basis of the Contractor's Bid Schedule. Task 11 — Project Specifications - $1,900 Final technical specifications shall be prepared in the desired format for the proposed Lorbeer Middle School site improvements. These specifications will be provided to the City and incorporated into the final bid package. The City shall incorporate the technical specifications into their boilerplate bid package. Task 12- Bid Assistance - $1,000 DEA will provide bid assistance to include answering questions from prospective bidders, bidder conference, participation in bid opening, bid analysis to determine lowest responsible bidder and a pre -construction meeting. July 25, 2006 Mr. Bob Rose © a City of Diamond Bar O Lorbeer Field and Slope Improvements Page 3 Task 13 - Pre -Construction Meeting - $500 For the pre -construction meeting, DEA will distribute an agenda (prepared with City staff), record and prepare minutes to be distributed at a later date. Task 14 - Construction Management - $2,900 DEA shall act as the City's representative (luring the construction phase, and advise and consult with the City in matters pertaining to the construction contract and clarification of plans and specifications. DEA shall visit the site at intervals (a minimum of once everyother week of a three month period) appropriate to the stage of construction in order to become familiar with the progress and quality of the work to determine that the construction is proceeding in accordance with the plans. On the basis of such observation, DEA shall inform the City as to the progress and quality of the work. Task 15 -Invoice Review - $1,000 DEA shall review and approve all payment requests submitted by the contractor. Task 16 -Acceptance Inspection (Punch ]List) - $700 DEA will participate in a final walk-through and prepare a punch list. All punch list items to be completed prior to formal City acceptance of project. Task 17 - As -Built Record Drawings - $1,000 DEA will prepare record drawings from the contractor's redline as -built drawing at project completion. DEA proposes to complete the above tasks for the fees noted. Invoices will be due and payable within 30 days and will be sent monthly based upon the percentage of work completed. Government fees, mileage, delivery costs such as Federal Express charges and plotting / reproduction services are considered reimbursable fees and shall be billed to you at cost plus 15%. Any service requested which does not fall within the scope of services listed, or any duplication of work due to changes desired by the city, will be performed on an "Extra Services" basis and negotiated accordingly. DEA would be pleased to again be of service to the City of Diamond Bar and thank you once again for your consideration of our qualifications. Sincerely, DAVID EVANS AND ASSOCIATES, INC'. Jeffrey F. Scott Senior Associate O: WarkettngiProposalslDO!amond BarlLorbeer Park.doe CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of February 5.-2002, by and between the City of Diamond Bar, a municipal corporation ("City") and David Evans and Associates, Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide "As Needed" landscape architectural review consulting services to City as set forth in Exhibit "A", the City's Request for Proposals, dated October 24, 2001. B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "B", the Consultant's Response, dated November 19, 21001, to the City's Request for Proposal. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect February 5, 2002, and shall continue until February5, 2005, with the possibility of two (2) additional annual renewals, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed TWENTY FIVE THOUSAND DOLLARS ($25,000.00). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Consultant: David Evans and City of Diamond Bar, - Assoicates, Inc. 21825 E. Copley Drive 800 N. Haven Ave., Diamond Bar, CA 91765-4177 Suite 300 Ontario, CA 91764 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount- due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at* the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, fir m. entity, corporation, political subdivision or other organization arising out of the"919 errors or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts b,y Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than $1,0100,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this A(greement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either parry may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of= termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement "h,r the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative„ may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant„ or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 22. Governing Law. 'This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: By. ��� - Lynda Burges, City Clerk CITY OF DIAMOND BAR Approved as to form: By: City Attorney "CONSULTANT" pavi d Evans j Assvc.itifcs) (mc. Its: Vice. Pres i o(enf Agenda # 6.5 Meeting Date: August 1, 2006 CITY COUNCIL' AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: David Doyle, Acting City Manager V�WTITLE: Amendment to Graffiti Removal Contract with Graffiti Control Systems in the amount of $3,000 to a total contract amount of $48,000 for FY 2005-2006 Budget RECOMMENDATION: Approve the contract amendment. FINANCIAL IMPACT: Increase the contract amount for an additional $3,000 to a total contract amount of $48,000 for FY 2005-2006 Budget (001-5230-45213). BACKGROUND: In 1993, the City Council awarded a contract to Graffiti Control Systems for graffiti removal in Diamond Bar. Section 31 of the specifications of the contract allows the City Council to extend the contract on an annual basis. Since Graffiti Control Systems has provided satisfactory service and have not increased the price since the inception of the contract ($30.00 per site), it is in the best interest of the City to extend the current agreement rather than solicit bids for services. The approved contract for Fiscal Year 2005-06 was not -to -exceed $45,000. Due to an unexpected increase in graffiti activities for June, it is necessary to increase the current contract with an additional appropriation of $3,000 for the remainder of FY 2005-2006. This amount is sufficient to reimburse the contractor for work completed prior to June 30, 2006. The contract for current fiscal year is not -to - exceed $45,000. Staff will monitor current fiscal year expenditures and if additional funds are required, it will be presented for Council consideration during the mid -year budget review. City staff has informed the Sheriff's Department about the increase in graffiti activity. Prepared By: Nancy Fong, AICP Community Development Director Agenda # 6.6(a ) Meeting Date: August 1, 2006 CITY COUNCIL : AGENDA REPORT tyg9 TO: Honorable Mayor and Members of the City Council VIA: David Doyle, Interim City Managerc!s�) TITLE: APPROVE PLANS AND SPECIFICATIONS AND AWARD CONSTRUCTION CONTRACT FOR THE GRAND AVENUE STREET IMPROVEMENTS PROJECT, PHASE II IN THE AMOUNT OF $1,453,000.00 TO SULLY -MILLER CONTRACTING CO.; AND AUTHORIZE A CONTINGENCY AMOUNT OF $102,000 FOR CONTRACT CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $1,555,000.00. RECOMMENDATION: Approve plans and specifications and award the contract. FINANCIAL IMPACT: The Fiscal Year 2006/2007 budget for this project is described below: General Fund $243,008 Federal Surface Transportation Program Local (STPL) $935,845 Federal Appropriations Act (Section 117) $470,064 Transportation Development Act (TDA) $ 31,083 Total Project Funding $1,680,000 DISCUSSION: Phase II of the Grand Avenue Street Improvements will begin 470 feet west of Cahill and extend easterly to Rolling Knoll. The project will include improvements to median landscaping and reconstruction of pavement, curb and gutter, and sidewalk. Upon completion of the plans and specifications, the project was advertised for bids during the months of June and July 2006. On July 20, 2006, the City received the following six (6) bid proposals: Company Base Bid Amount 1. Sully -Miller Contractin, Co. $1,453,000.00 2. GMC Engineering, Inc. $1,484,484.00 3. R.J. Noble $1,602,300.00 4. Yeager Skanska $1,838,223.00 5. All American Asphalt $1,602,300.00 6. Mega Way Enterprises $2,045,223.00 Sully -Miller Contracting Co. submitted the lowest responsive bid. Staff reviewed their bid and verified their State Contractor's License. They have satisfactorily completed similar projects for other agencies including the City of Cerritos, City of Rosemead, and the County of Los Angeles. The project schedule is tentatively set as follows: Award of Contract Start Construction Construction Complete PREPARED BY: Rick Yee, Senior Engineer REVIEWED BY: z� �"� - David iu, Director of Public Works Attachment: Contract Agreement 2 August 1, 2006 August 21, 2006 December 19, 2006 Date Prepared: July 25, 2006 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 Sully -Miller Contracting Co 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 WHEREAS, City did accept the bid of CONTRACTOR Sully -Miller Contracting Co and; WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for furnishing labor, equipment and material for the Grand Avenue Street Improvement (Beautification/Betterment) Project — Phase II STPL-5455(005), a Federally Funded 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 Grand Avenue Street Improvement Proiect — Phase II in the City of Diamond Bar. The work to be performed in accordance with the plans and specifications, revised May 31, 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 17, 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 One Hundred Twentv 120 calendar 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) CONT'RACTOR'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. 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. Additionally, wage determinations issued by the U.S. Department of Labor under the Davis -Bacon and related Acts are part of the project specifications and contract documents for contractor's full compliance. 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 work done under this Agreement, by him or by any subcontractor to him. 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 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. 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. 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. C. 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. 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 Indenmitees, while acting within the scope of their duties, frons 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 July 17, 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. 747612, A Classification Sully -Miller Contracting Co.. 1100 E. Orangethorpe Ave, Ste 200 Anaheim, CA 92801 TITLE Date CITY OF DIAMOND BAR, CALIFORNIA By: CAROL HERRERA, MAYOR Date ATTEST: By: TOMMYE A. CRIBBINS, CITY CLERK Date CONTRACTOR'S Business Phone Emergency Phone at which CONTRACTOR can be reached at any time APPROVED AS TO FORM: CITY ATTORNEY Date Agenda # 6. 6 (b) Meeting Date: August 1, 2006 CITY COUNCIL </�Y� AGENDA REPORT �RP(IRr�� j98s TO: Honorable Mayor and Members of the City Council VIA: David Doyle, Interim City Manage TITLE: APPROVE A CONTRACT AMENDMENT WITH DMS CONSULTANTS INC. (DMS) FOR CONSTRUCTION MANAGEMENT SERVICES IN THE AMOUNT OF $114,462 PLUS A CONTINGENCY AMOUNT OF $10,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $124,462 FOR THE GRAND AVENUE STREET IMPROVEMENTS PROJECT, PHASE II RECOMMENDATION: Approve. FINANCIAL IMPACT: For Fiscal Year 2006-2007, a budget of $1,680,000 was allocated and approved by the City Council for this project. The total construction cost including contingency will amount to $1,555,000. Therefore, construction management costs in the amount of $124,462 represent approximately 8% of the construction cost. BACKGROUND/DISCUSSION: Construction management services include contract administration, inspection, surveying, and other services related to Phase II of the Grand Avenue Improvements Project. DMS previously provided construction management services on Phase I of the Grand Avenue Improvements. Approval of this contract amendment will allow the City to retain DMS to continue these services and maintain consistency with the different phases of the project. PREPARED BY: Rick Yee, Senior Engineer Date Prepared: July 25, 2006 REVIEWED BY: Z� - David G. Liu, Director of Public Works Attachment: Amendment to the Consulting Services Agreement AMENDMENT NO.4 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 4 to the Agreement is made and entered into this 1 st day of August, 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: (i) The CITY heretofore entered into an Agreement, with Consultant to provide Professional Engineering Services, which the Agreement was dated October 15, 2002. (ii) The CONSULTANT submitted a proposal, including the scope of the specific services to be performed by consultant as described in Exhibits "B, C, D, and E". 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 "F", dated July 24, 2006, for Phase II of the Grand Avenue improvements Project. Section 2: Section 3 of the Agreement is hereby amended to read as follows: Compensatlion. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with Exhibit "F". Payment(s) will be made only after submission of proper invoices. Total payment to Consultant for the additional services, pursuant to this Amendment No. 4 shall be one hundred fourteen thousand four hundred sixty two dollars ($114,462). Section 3: Each party to this Amendment No. 4 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. 4 shall not be valid and binding. Any modification of this Amendment No. 4 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 4 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 James DeStefano, City Manager 2 CONSULTANTS, INC. C I V I L E N G I N E E R S Mr. David Liu, P.E. Director of Public Works City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 EXHIBIT F July 24, 2006 SUBJECT: Proposal for Contract Administration, Inspection, Surveying and Staking Services for the Grand Avenue Beautification -Betterment Improvement Project, Phase II Dear Mr. Liu: DMS Consultants, Inc. is pleased to present this proposal to provide contract administration, inspection, surveying and staking services for the subject project. Mr. Surender Dewan, P.E., President of DMS Consultants, Inc. would be assigned as the Project Manager of this project. Mr. Rene Cohen will serve as the Field Inspector and Mr. Fred Alamolhoda, P.E., of Municipal Engineering Resources will be the Contract Administrator for the project. Mr. Patrick Hirsch of Hirsch & Associates, Inc. will provide landscape and irrigation inspection services, Mr. Warren Siecke transportation and traffic engineering consultant, will provide traffic signal inspection services, and Mr. Charles Tuggle, L.S. will supervise all aspects of surveying and staking services. I hope that our past experience, record of performance and sincere interest in working with the City of Diamond Bar will result in a favorable consideration. If you have any questions or concerns regarding this submittal, please contact the undersigned. Sincerely, DMS Consultants, Inc. i Surender Dewan, P.E. President 12377 Lewis Street, Suite 101 • Garden Grove CA 92840 Tel: 714-740-8840 • Fax: 714-740-8842 06-GrandAvelnspect. PRO • • 11 Project Approach Project Approach DMS Consultants, Inc. is extremely aware of the impact the project may have on the community. We will closely review the Contractor's proposed method of construction, schedule, and traffic control plans to ensure that the impact to residents and commuters is minimized. • Pre -Construction Meeting The Contract Administrator in consultation with the City staff and the Contractor will send out notifications to various agencies and utility companies to schedule the preconstruction meeting. It will be the responsibility of our administrator to prepare minutes of the meeting. • Utility Coordination Throughout the duration of the contract, the Field Inspector will coordinate as necessary with utility companies so as to ensure smooth completion of the project. • Construction Inspection / Administration DMS Consultants, Inc. will perform inspector and administrator duties as set forth in the scope of work for the project. Guidance for the manner in which those duties are carried out is best described in: • Project Plans and Specifications • Standard Specifications for Public Works Construction, 2000 Edition • Public Works Inspectors Manual (Published by Building News Inc.) • Caltrans Construction and Local Assistance Manual • Daily / Weekly Reports: The Field Inspector will prepare daily reports addressing progress of the project, weather conditions, number of workers on site, subcontractors present on-site, directions given to Contractor, and potential problems which may cause delay or extra work. Copies of daily reports along with photographs taken during construction will be presented to the City on a weekly basis. The following information is a brief summary of the items contained in the weekly project Grand Avenue Beautification/Betterment Project, Phase II - Inspection and Survey DMS Consultants. Inc. • Page 3 report. Additional items may be included if requested by the City. • Responsible parties and phone numbers • Work in progress • Status of project • Items of discussion and correction • Status of change orders • Status of project cost • Status of claim • Monitor Contractor's Progress The Field Inspector will answer the Contractor's questions regarding design issues and review or monitor the Contractor's progress and schedule. Impact to local residences will be minimized through careful coordination with the Contractor. Strict adherence to the approved schedule will be required of the Contractor. If necessary, the Contractor will be immediately notified when his progress falls behind schedule. Our Inspector, with concurrence of City staff, will immediately resolve the design issue between the Contractor and Designer in order to minimize any potential delays. • Evaluate Progress Payments The Contract Administrator upon receipt of the Contractor's progress payments will review them for accuracy. Any revisions resulting in change orders will be brought to the City's attention prior to authorization. • Track Claims Against the Contractor Some claims against the Contractor are inevitable and will be received through City staff. These claims will be reviewed by DMS Consultants, Inc. Specific information on the damage, date and time of event, location where damage occurred will be requested from the claimant. This information will be provided to the Contractorfor resolution. Each claim will be tracked to identify when the initial claim was made, when information was submitted to the Contractor, and when the claim was settled. • Compliance With Federal Requirements • Coordinate with Caltrans office of Local Assistance. • Conduct field interviews of each contractor, subcontractor and trade. Grand Avenue Beautification/Betterment Project, Phase II - Inspection and Survey DMS Consultants, Inc. • Page 4 • Review certified payrolls and fringe benefit statement to verify compliance with current wage determination Prepare wage rate determination for each trade of each Contractor. Maintain posting sheet to insure all required certified payrolls have been submitted, as well as insuring all required interviews have been performed. • Ensure all Equal Employment Opportunity, Labor, and Wage Decision posters have been posted. • Review contractor's affirmative action plan. • Ensure contractor submits all required documents, including monthly employment reports; write letter to Contractor if documents are not submitted in a timely manner. • Conduct Final Job Walk and "Punch List" At the completion of the project, our Field Inspector will prepare a "Punch List" identifying items to be addressed by the Contractor prior to final acceptance of the job. The Inspector will ensure that items addressed in the "Punch List" are attended to by the Contractor. • Final Acceptance Recommend final acceptance of the project. • Record Drawings / As -Built Plans At the completion of construction, the Field Inspector will prepare record drawings/as-built plans and deliver to the City for revisions to the original mylars. • Landscape and Irrigation Improvements The Landscape Inspector wiill make two (2) trips to the nursery to review and approve plant material and tag trees. The Landscape Inspector will also review Contractor's submittals for soil and other materials as necessary. The Landscape Inspector will make a total of eight (8) visits to the job site to ensure compliance with design plans. • Traffic Striping Improvements • The Traffic Inspector will supervise installation of traffic striping work and will coordinate with striping contractor and the lead inspector. Grand Avenue BeautificationlBetterment Project, Phase II - Inspection and Survey DMS Consultants, Inc. • Page 5 Fee Proposal Schedule of Hourly Rates Fee Proposal Preconstruction Meeting: ............................................. $400.00 Field Inspector 600 hours at$80: ............................. $48,000.00 Project Manager 40 hours at $115: .............................. $4,600.00 Prepare As -Built Plans: .............................................. $1,000.00 Reimbursable Expense Allowance: ................................. .... $500.00 Subconsultants Contract Administrator 245 hours at $110 (includes 10% mark-up): .... $26,950.00 Federal Compliance 75 hours at $66 (includes 10% mark-up): .............. $4,950.00 Landscape Inspector 16 hours at $120 (includes 10% mark-up): ............. $1,920.00 10 meetings at $300: ........................... $3,000.00 Traffic Inspector 40 hours at $110 (includes 10% mark-up): ............. $4,400.00 Subtotal: .............................. $95,720.00 Establish centerline control: .......................................... $1,560.00 Run bench circuit: .................................................. $1,170.00 Provide street stationing along curb (one side): ............................ $3,112.00 Provide one set of stakes at 25' intervals for curb and gutter: ................. $2,340.00 Provide one set of stakes at 25' intervals for median curb: ................... $7,800.00 Provide one set of stakes for construction of block wall: ..................... $1,560.00 Office support: .................................................... $1,200.00 Subtotal: .............................. $18,742.00 Notes: 1. In the event the duration of the contract was to exceed 120 calendar days with a tentative start date of 8/21/06, additional services will be provided at $80.00/hour for Field Inspector. 2. Any additional staking or restaking required will be billed at $195.00/hour, with a minimum of four hours per request. Grand Avenue Beautification/Betterment Project, Phase 11 - Inspection and Survey DMS Consultants, Inc. • Page 11 Schedule of Hourly Rates Project Manager ................................................... $115.00 Project Engineer .................................................... $95.00 Design Engineer .................................................... $85.00 CADD Designer .................................................... $80.00 Senior Drafter....................................................... $70.00 Senior Plan Checker ................................................. $60.00 Construction Administrator ............................................ $95.00 Construction Inspector ............................................... $80.00 Building Official ..................................................... $70.00 Building Plan Check Engineer .......................................... $65.00 Building Plan Examiner ............................................... $65.00 Building Inspector ................................................... $55.00 Two -Man Field Party ................................................ $195.00 Office Survey Manager ............................................... $80.00 Word Processor .................................................... $45.00 NOTE: ALL RATES ARE SUBJECT TO REVISION Grand Avenue Beautification/Betterment Project. Phase 11 - Inspection and Survey DMS Consultants; Inc. • Page 12 Agenda # A 7 Meeting Date: August 1, 2006 CITY COUNCIL ,I AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: David A. Doyle, Interim City Manager TITLE: Second Reading of Ordinance No. 05(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 approve second reading by title only and adopt Ordinance No. 05(2006) revising the City's Purchasing System and amending the Diamond Bar Municipal Code. FINANCIAL IMPACT: None BACKGROUND/DISCUSSION: At the July 18, 2006 City Council meeting the City Council approved the first reading of Ordinance No. 05(2006) which revised the City's Purchasing System and amends the Diamond Bar Municipal Code. Upon approval of the second reading, the amendment to the City's Municipal Code and purchasing system will be effective August 31, 2006. PREPARED BY: Linda G. Magnuson REVIEWED BY: Departniek Head Attachments: Ordinance No. 05(2006) ORDINANCE 05(2006) 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 rnean 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. (t) 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. 4 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 bid's. 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. Te Morary 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, 4 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. (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. LV 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 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: 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. 13 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 Agenda # 6.8 Meeting Date: .08101106 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manager 0(�) TITLE: APPROVAL OF APPROPRIATION OF $2,000 DONATION FROM THE DIAMOND BAR COMMUNITY FOUNDATION TO THE 2006/07 FY BUDGET FOR THE "SUNDAY AT THE CENTER" FINE ARTS SHOW SCHEDULED FOR SUNDAY, NOVEMBER 19, 2006. RECOMMENDATION: Approve appropriation of funds FINANCIAL IMPACT: There is currently $2,780 in the 2006/07 FY Budget for the Sunday at the Center event. Appropriation of the $2,000 donation will result in a total budget of $4,780. The donation will be used to purchase promotional vertical banners for the event. BACKGROUND/DISCUSSION: The Sunday at the Center event is scheduled for Sunday, November 19, 2006. The Diamond Bar Community Foundation has donated $2,000 for the event. The donation needs to be appropriated to the 2006/07 FY budget. Staff intends to use the donation to purchase and install vertical banners to promote the event. Banners will be placed at locations along Diamond Bar Blvd and Grand Ave. It is unknown at this time how many banners can be purchased with the $2,000 donation; however staff intends to use the entire amount for this purpose. PREPARED BY: Alison Meyers, Recreation Specialist REVI Director of Community Services Agenda # 6.9 Meeting Date: August 1, 2006 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: David A. Doyle, Interim City Managerlo—*) TITLE: Approval of Resolution No. 2006 -XX Establishing an Approved Vendor List as Defined in Ordinance No. 05(2006) RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2006 -XX establishing an Approved Vendors List as Defined in Ordinance No. 05(2006). FINANCIAL IMPACT: None BACKGROUND/DISCUSSION: At the July 18, 2006 City Council meeting the City Council approved the first reading of Ordinance No. 05(2006) which revised the City's Purchasing System and amends the Diamond Bar Municipal Code. With the approval of the second reading, the amendment to the City's Municipal Code and purchasing system will be effective August 31, 2006. Included as a part of this Ordinance is a section #3.24.130 Vendor List Procurement which reads as follows: "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. " With the adoption of the Ordinance, City staff has composed a vendor list and is requesting approval of this list. Vendors on this list have historically met City standards for quality and price of services. If at any time a listed vendor fall below City expectations, the vendor may be removed from the list by City staff. This list will be valid upon Enactment of the Ordinance and approval of Resolution 2006 - XX and will remain in effect until January, 2007. At that time a new resolution and list will be presented to the City Council for approval. PREPARED BY: Linda G. Magnuson REVIEWED BY: Depart�n t Head Attachments: Resolution 2006 -XX Exhibit A — Approved Vendor List - Valid through 01/31/07. RESOLUTION NO. 2006 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING AN APPROVED VENDOR LIST AS DEFINED IN ORDINANCE NO. 05(2006) WHEREAS, the City Council has adopted Ordinance No. 05(2006) which will become effective August 31, 2006; WHEREAS, the Ordinance defines vendor list procurement and requires the annual establishment of an Approved Vendor List; WHEREAS, staff has prepared and attached Exhibit A — Approved Vendor List in accordance with the Ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES that the vendors eligible for Vendor List Procurement as defined by Ordinance No. 5(2006) are contained in the attached Exhibit A — Approved Vendor List and will remain in effect until January 31, 2007. PASSED, ADOPTED AND APPROVED THIS day of , 2006 Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a meeting of the City Council of the City of Diamond Bar held on the day of 2006 b the following vote: y AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Tommye Cribbins City Clerk of the City of Diamond Bar Exhibit A City of Diamond Bar Approved Vendor List Effective August 31,2006 through January 31, 2007 Vendor Product Explanation Abrakadoodle Contract Class Instructor - Youth Art See Contract Class Instructor Explanation Adapt Consulting Recycling Promotional Items Ability to provide promotional items made from recycled materials. AGI Academy Contract Class Instructor - Computer Classes` See Contract Class Instructor Explanation Alice Chien Contract Class Instructor - Yoga & Dance "* See Contract Class Instructor Explanation Americomp Printer Supplies & Consistently bid below the competition and provide Maintenance superior quality for printer maintenance & toner supplies city wide Angeli Iyer Contract Class Instructor- Adult Enrichment "See Contract Class Instructor Explanation Arm Noods Interior wood DBC High quality repairs and installation of mill work Audio Visual Innovations AN System service Original installer of DBC AV system. Balloons by Alice Bday & July 4th Balloons Provides best price, & supply for 4th of July, B -Day, Bear State Air Conditioning HVAC Svc. DBC Low bidder for service contract. Quality work, fast response Best Lighting Lighting Supplies Familiar with City equipment, fast emergency response Bill Glebe Contract Class Instructor - Yoga ** See Contract Class Instructor Explanation Brundige Glass Glass Repairs Consistent low bidders, quick response and high quality work BSN - dba Sport Supply Group Sporting Goods Lowest price from bids and meets all requirements Calsense Landscape controls Proprietary equip Carolwood Productions Video Productions Local company that has continued to provide quality, cost effective services. Catalina Ballast & Bulb Lighting Suppliers Lowest bidder, ability to locate hard to find parts Center Ice Arena Contract Class Instructor - Ice Skating See Contract Class Instructor Explanation Charter Oak Gymnastics Contract Class Instructor- nstructor-Gymnastics Gymnastics See Contract Class Instructor Explanation Christine Angeli Contract Class Instructor- r-Adult AdultCrafts See Contract Class Instructor Explanation Color Me Mine Contract Class Instructor - Youth Art See Contract Class Instructor Explanation Comlock Keys/Lock supplies Proprietary lock system for the DBC Page 1 Exhibit A City of Diamond Bar Approved Vendor List Effective August 31,2006 through January 31, 2007 Vendor Product Explanation Connie Lillie Contract Class Instructor - Jazzercise See Contract Class Instructor Explanation Contact Office Solutions Copier Supplies & Maint superior quality for copier maintenance and toner supplies Costco Warehouse Food -Rest Supplies Better prices when larger quantities are required Craig Coffman Contract Class Instructor - Music See Contract Class Instructor Explanation David Fernandez Contract Class Instructor - Adult Dance *„ See Contract Class Instructor Explanation Day & Nite Copy Center, Inc. Copying/Printing Able to provide same day service at low cost. Often as low bidder. DB International Deli Meeting Supplies Meets requirement and provides good service including delivery Deane Homes Swim Rental Facility - Contract Classes Facility Use Agreement signed yearly. Diamond Bar Hills Club Rental Facility - Contract Classes Facility Use Agreement signed yearly. Diversified Paratransit Shuttle Service Only Vendor able torovide handicapped Aped shuttles. Dog Dealers, Inc. Contract Class Instructor - Dog Obedience ,* See Contract Class Instructor Explanation Dolphin Rents Bday Equipment Lowestrice for B -da P y party, & snowfest. Dora Lonyai Contract Class Instructor - Make-Up/Skin Care See Contract Class Instructor Explanation Education To Go Contract Class Instructor - �t On -Line Classes See Contract Class Instructor Explanation Evergreen Interiors Interior Plant Maint-City Hall & Library Lowest Bid & Meets Requirements Executive Promotional Products Promo Items Often a low bidder providing quality, timely merchandise. Has artwork on file for a variety of items. Food From the Heart Caterer Consistently bid below the competition and provide superior quality Foothill Building Materials Sand & Sandbags Only local vendor to deliver sand to fire stations for sand bags Francis Sabado Contract Class Instructor - ,* Music/Voice See Contract Class Instructor Explanation Gabriela Klein Contract Class Instructor - Adult Fitness See Contract Class Instructor Explanation Page 2 Exhibit A City of Diamond Bar Approved Vendor List Effective August 31,2006 through January 31, 2007 Vendor Product Explanation GADDMS, Inc Contract Class Instructor - *x Youth Enrichment See Contract Class Instructor Explanation Glass Eye Productions Video Productions Provides consistent, quality services at a reasonable cost. Grand Mobil Vehicle maint Low bidder, quality work Graphics United Printing Consistently low bidder & provides quality, timely services. H2O Pressure Washing Pressure washing Lowest bidder, quick response for small jobs Heather Nuques Contract Class Instructor - Youth/Adult Enrichment See Contract Class Instructor Explanation Hot Shots Youth Uniforms Traditionally lowest Price from bids. IMS Refrigeration Ice Machine repairs High quality repairs at competitive prices James Events Bday rides Only vendor to meet requirements. Jay Parayno Contract Class Instructor - „* Adult Enrichment See Contract Class Instructor Explanation Jerry Short Contract Class Instructor - Karate See Contract Class Instructor Explanation John Bishop Contract Class Instructor - Martial Arts Classes ** See Contract Class Instructor Explanation Karen May Contract Class; Instructor - Yoga/Meditation ** See Contract Class Instructor Explanation Keep America Beautiful Inc Recycling Promotional Ability to provide promotional items made from recycled Items materials. KidStar Performing Arts Contract Class; Instructor - Youth Enrichment ,* See Contract Class Instructor Explanation Kidz Love Soccer Contract Class Instructor - Soccer *„ See Contract Class Instructor Explanation Kim Melrose Contract Class Instructor - Golf ** See Contract Class Instructor Explanation Kirk Steinke Electric Electrician Consistent low bidder and excellent work Kustom Imprints Coaches shirts - Adult B - ball Shirts Traditionally lowest Price from bids. Le -Hong Wang Contract Class Instructor - Adult Dance ** See Contract Class Instructor Explanation Lewis Engraving Engraving Svcs -Name Badges, Tiles 8, Placques Consistantly provides good service in a timely manner. Live Sound Concepts Concert/July 4th - Audio Lowest price for concerts, snowfest & b -day party for 3 Equipment years. Page 3 Exhibit A City of Diamond Bar Approved Vendor List Effective August 31,2006 through January 31, 2007 Vendor Product Explanation Mad Science Contract Class Instructor - Youth Science ** See Contract Class Instructor Explanation Magic and Variety July 4th - Entertainment Only vendor in area that has Uncle Sam & balloonist available on 4th of July. MCO -The Microfilm Co Specialized Microfiche Maint Provides timely specialized service. Merchants Building Maint. Window washers Consistently low bids Michelle Tang Contract Class Instructor - Adult Enrichment ** See Contract Class Instructor Explanation Moonlight Printers Printing Svcs Provides timely service. Music to Go D.J. Price is equal to others, service is superior to others. NET Easter Eggs Easter Eggs Lowest price and only vendor that meets our requirements. Nicole Prado Contract Class: Instructor - Youth Baton ** See Contract Class Instructor Explanation Oak Tree Lanes Contract Class Instructor - Bowling ** See Contract Class Instructor Explanation Ontario Ice Center Contract Class Instructor - Ice : ** See Contract Class Instructor Explanation Orange Coast Fencing Contract Class Instructor - ,* Fencing See Contract Class Instructor Explanation Partition Specialties PSI Wall Partitions DBC Original Installers familiar with proprietary systems Patrick Montoya Contract Class Instructor - Music ** See Contract Class Instructor Explanation Periwinkle Productions Bday animals Only vendor to meet requirements. Pomona Unified School Distr. Rental Facility - Contract Classes & Sports Facility Use Agreement signed August 1997 PYRO Spectaculars July 4th - Fireworks Only vendor to respond for the last five Pyro-Comm Systems Fire alarm service years. Proprietary fire systems for DBC and Heritage Park Raquel Hernandez Contract Class Instructor - Youth Math ** See Contract Class Instructor Explanation Red Dragon Karate Contract Class Instructor - Martial Arts ** See Contract Class Instructor Explanation Reinberger Printwerks, Inc. Printing - Envelopes, Letterhead, Stationery, Consistantly provides good service in a timely manner. Certificate Covers etc Vendor has many templates already on file. Related Visual, Inc. Audio/Visual Consistently low bidder. Also provides maintenance support for equipment. Page 4 Exhibit A City of Diamond Bar Approved Vendor List Effective August 31,2006 through January 31, 2007 Vendor Product Explanation Roland Barrientos Contract Class Instructor -* Manufacturer of City street name signs, ability to provide Adult Golf See Contract Class Instructor Explanation Ron Bevacqua Contract Class Instructor - *, Pet Therapy See Contract Class Instructor Explanation Roto Rooter Emergency Plumbing Responsive to emergencies, competitve prices Roy Boorman Contract Class Instructor - ** See Contract Class Instructor Explanation Sheri Liebe Digital Photography See Contract Class Instructor Explanation Safeway Signs Co. Traffic Signs Manufacturer of City street name signs, ability to provide matching signs. SC Signs Traffic Signs & Poles Traditionally been low bidder and ability to provide supplies in a timely manner. Shannon Griffiths Contract Class Instructor - Belly Dance ** See Contract Class Instructor Explanation Sheri Liebe Contract Class Instructor - Youth Dance *, See Contract Class Instructor Explanation Simpson Advertising, Inc. Graphic Design Continues to provide graphic design support. Selected through RFP process. Skate Express Contract Class Instructor - Roller In-line Skating *, See Contract Class Instructor Explanation Skyhawks Contract Class Instructor - Youth Basketball *, See Contract Class Instructor Explanation Smart & Final Food, Rest. Supp. Good prices, specialized products for City events. Sparkletts Water Water Supplies & Equipment Rental Consistantly provides good service. Sport Pins International, Inc. Pins Consistently low bidder. Stitches Uniforms Staff Uniforms Lowest price for Birthday shirts 3 years in a row. Stubbies Promotions Promo Items Often a low bidder providing quality, timely merchandise. Has artwork on file for a variety of items. Subway Meeting Supplies Consistantly provides good service in a timely manner. Surendra Mehta Contract Class Instructor - Yoga/Wellness ** See Contract Class Instructor Explanation Tennis Anyone Contract Class Instructor - Tennis See Contract Class Instructor Explanation The Whole Enchilada Meeting Supplies Consistantly provides good service in a timely manner including delivery. Tina Chang Contract Class Instructor - ,* Dance & Martial Arts See Contract Class Instructor Explanation Traffic Control Service Traffic Signs & Poles Traditionally been low bidder and ability to provide supplies in a timely manner. Page 5 Exhibit A City of Diamond Bar Approved Vendor List Effective August 31,2006 through January 31, 2007 Vendor Product Explanation Trane HVAC Controls Proprietary controls at the DBC and Heritage Community centers Tri -City Pools Fountain service Lowest bidder, familiar with City equipment Union Ice Company Snow Fest Only vendor that responds to bids, that can provide requirements. United Site Services Special Event - Restrooms Only vendor to respond for the last three years for special & Sinks events. Valley Trophy Youth Trophies Traditionally lowest Price from bids. Walnut My Unified Schl Distr. Rental Facility - Contract Classes & Snorts Facility Use Agreement signed September 1992 Waxie Sanitary Supply Janitorial supplies Competitive pricing, offers periodic training White Cap Road Maint Materials & Only local- vendor specialized in street construction Equipment materials. World Wide Bingo Bingo supplier Lowest price in 3 years of bidding and great service. "*Instructor meets the requirements of the contract class program: successful completion of instructor application, supplemental questionaire, class proposals, background check and quarterly quality review of classes. Page 6 Agenda # 7 __ l(br Meeting Date: Au_aust 1, 2 CITY COUNCIL �;' AGENDA REPORT TO: Honorable Mayor and Members of the City Council FROM: David Doyle, Interim City Manager TITLE: Community Facilities District 2006-1 (Diamond Bar Library) A) RESOLUTION NO. 2006 -XX OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY), AUTHORIZING THE LEVY OF SPECIAL TAXES AND CALLING ELECTIONS B) RESOLUTION NO. 2006 -XX DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN THE DISTRICT RECOMMENDATION: It is recommended that the City Council A) adopt Resolution No. 2006 -XX establishing Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library), authorizing the levy of special taxes and calling an election, and B) adopt Resolution No. 2006 -XX determining the necessity to incur bonded indebtedness within the District. FINANCIAL IMPACT: There is no fiscal impact associated with the adoption of these Resolutions. However, if the voters approve the special tax at the ballot, the City will receive enough funds to cover the debt service on a $13.1 million construction bond, and funds for increased operating expenses at the new library and District administration costs. BACKGROUND: On May 15, 2006, the City Council directed staff to recommence the process to place a Library Special Tax measure on the November 2006 ballot. Staff assembled consultants from Muni -financial, Stradling Yocca Carlson & Rauth, and Stone and Youngberg to advise and assist the City in completing the required processes within the time remaining. A Special City Council meeting was held June 1, 2006, to obtain information from the Council in order to begin the preparation of documents. The City Council provided the following direction regarding the special tax: • The new Library has an estimated total project cost of $15,000,000 of which $11,000,000 shall be financed by the CFD and $4,000,000 shall be paid from the City's General Fund. • The Library CFD assessrrient formula will include rate distinction between land uses. Housing units will be part of the rate formula. • The annual operating cost: increase will be funded through the CFD with a base amount of $500,000 and include an annual CPI adjustment. • If the construction cost is less than the estimated $15,000,000 the savings will be applied to the bond principal or to reduce the annual special taxes paid by residents. • If the City implements a rebate for low income tax payers, the rebate will need to be administered by the City and will need to be appropriated from the General Fund. On June 20, 2006 the City Council approved Resolution 2006-60 adopting local goals and policies associated with the formation of community facilities districts. This required step allowed the City to proceed with the formation of a community facilities district. At a special meeting of the City Council on June 30, 2006, the City Council adopted Resolution No. 2006-61 declaring its intent to hold a public hearing on August 1, 2006 to consider establishing Community Facilities District 2006-1, determining the rate and method of apportionment of a special tax, issuance of bonds to finance construction of a new Diamond Bar Library, and levy a special tax to pay for additional operating expenses. DISCUSSION: ESTABLISHMENT OF COMMUNITY FACILITIES DISTRICT 2006-1 In accordance with all applicable laws, the City advertised that on August 1, 2006 the City Council would consider the formation of Community Facilities District 2006-1. The advertisement was published at least seven (7) days in advance of tonight's meeting in newspapers of general circulation within the City including foreign language 2 newspapers. If the attached Resolution is approved by the City Council, it will set forth the following: • Create Community Facilities District 2006-1 including the establishment of the boundaries in accordance with the District Map approved on June 30, 2006; and • Identify the facilities, services and incidental expenses authorized to be provided as those identified in Resolution 2006-61; and • Provide the notice of intent for the District to levy a special tax in accordance with the rate and method of apportionment identified in Community Facilities District Report (Attachment C of the Resolution); and • Call for an election to be held on November 7, 2006 to consider the special tax; and • Sets forth the ballot language for the proposition to be placed on the ballot on November 7, 2006 (Attachment A). DETERMINING THE NECESSITY IN INCUR BONDED INDEBTEDNESS In addition to the resolution establishing the District, the Council needs to consider the attached resolution determining the necessity of the District to incur bonded indebtedness. Adoption of this resolution is required if the District is to issue construction bonds. It is proposed that the District issue $13.1 million in bonds to secure a net amount of $11 million to be used for the construction of a new 24,500 sq. ft. Diamond Bar library that would be located adjacent to, the Diamond Bar Center. The City would contribute $4 million for a total construction budget of $15 million. Diamond Bar property owners would be required to pay their portion of the bond payments for 30 years after which the bond would be retired and only the special tax for the additional operating expenses would remain. OTHER RESOLUTION ON TONIGHT'S AGENDA The other resolution on tonight's agenda requests the Los Angeles County Board of Supervisors to consolidate a special election with the statewide general election to be held on November 7, 2006. After the adoption of this resolution, we will forward to the County so that our measure will be included in the statewide election administered by the County of Los Angeles. ATTACHMENTS 1. Resolution No. 2006 -XX establishing Community Facilities District 2006-1, authorizing the levy of a special tax, and calling for an election on November 7, 2006. 2. Resolution No. 2006 -XX determining the necessity to incur bonded indebtedness within Community Facilities District 2006-1. 3. City of Diamond Bar Community Facilities District 2006-1 Report RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY), AUTHORIZING THE LEVY OF SPECIAL TAXES AND CALLING ELECTIONS THEREIN WHEREAS, the City Council of the City of Diamond Bar (the "City Council") has pursuant to the Mello -Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the "Act") heretofore adopted Resolution No. 2006-61 declaring its intention to establish Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library) (the "District") to (1) finance the purchase, construction, modification, expansion, improvement or rehabilitation of certain public facilities, consisting of a municipal library, as described in Attachment "B" to Resolution No. 2006- 61 and incorporated herein by this reference, including all furnishings, equipment and supplies related thereto (collectively, the "Facilities"), which Facilities have a useful life of five years or longer, (2) finance library services described in Attachment "D" to Resolution No. 2006-61 and incorporated herein by this reference (the "Services"), (3) finance the incidental expenses to be incurred in connection with forming and administering the District and financing the Facilities (the "Facilities Incidental Expenses"), and (4) finance the incidental expenses to be incurred in connection with forming and administering the District and financing the Services (the "Services Incidental Expenses" and, together with the Facilities Incidental Expenses, the "Incidental Expenses"); and WHEREAS, the City Clerk published a notice (the "Notice") of a public hearing declaring the intent to form the proposed District and the intent to incur bonded indebtedness in the amount of up to $13,100,000 within the boundaries of the proposed District in a newspaper of general circulation in the area of the proposed District, which Notice contained the text or a summary of Resolution No. 2006-61, the time and place of the public hearing, a statement that the testimony of all interested persons or taxpayers would be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act, and which Notice was completed at least seven (7) days prior to the date of the public hearing; and WHEREAS, a copy of Resolution No. 2006-61 setting forth a description of the proposed boundaries of the District, the Facilities, the Services and the Incidental Expenses and the rate and method of apportionment of the special taxes proposed to be levied within the District is on file with the City Clerk and except to the extent amended by this resolution is incorporated herein by reference; and WHEREAS, at the August 1, 2006 public hearing there was filed with this City Council a report containing a description of the facilities and services necessary to meet the needs of the District and an estimate of the cost of such facilities and services as required by Section 53321.5 of the Act (the "Facilities Report"); and WHEREAS, on August 1, 2006, this City Council opened a noticed public hearing as required by law relative to the proposed formation of the District, the proposed rate and method of apportionment of the special tax, the proposed issuance of bonds to finance the Facilities and the Incidental Expenses; and WHEREAS, at the August 1, 2006 public hearing, all persons desiring to be heard on all matters pertaining to the proposed formation of the District and the levy of the special taxes and the issuance of bonded indebtedness with respect to the District were heard and a full and fair hearing was held; and WHEREAS, at the public hearing, evidence was presented to the City Council on the matters before it, and the proposed formation of the District and the levy of special taxes within the District was not precluded by a majority protest of the type described in Section 53324 of the Act, and this City Council at the conclusion of the hearing was fully advised as to all matters relating to the formation of the District, the levy of the special taxes and the issuance of bonded indebtedness with respect to the proposed District; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to proceed with the establishment of the District and to call an election within the District to authorize (i) the levy of special taxes pursuant to the expected demand that each parcel of real property within the proposed District will place on the Facilities and the Services and on the benefit that each parcel derives from the right to access the Facilities and from the Services pursuant to Section 53325.3 of the Act and (ii) the issuance of bonds for the District to finance the Facilities and the Facilities Incidental Expenses; and WHEREAS, the City Council has determined that there are more than twelve registered voters residing in the proposed boundaries of the District for the period of 90 days prior to August 1, 2006 and that the qualified electors in the District are registered voters within the District. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: 1. Each of the above recitals, is true and correct. 2. A community facilities district to be designated "Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library)" is hereby established pursuant to the Act. The City Council hereby finds and determines that all prior proceedings taken with respect to the establishment of the District were valid and in conformity with the requirements of law, including the Act. This finding is made in accordance with i the provisions of Section 53325.1(b) of the Act. 3. The boundaries of Community Facilities District No. 2006-1 are established as shown on the map designated "Map of Proposed Boundaries of City of Diamond Bar Community Facilities; District No. 2006-1 (Diamond Bar Library)," which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 of the Streets and Highways Code in the County of Los Angeles Book of Maps of Assessment and Community Facilities Districts in the County Recorder's Office in Book No. 192, Page No. 6 on July 12, 2006 as Instrument No. 061539473 (the "Map"). 4. The types of Facilities, Services and Incidental Expenses authorized to be provided for Community Facilities District No. 2006-1 are those set forth in Resolution No. 2006-61. The estimated cost of the Facilities, Services and Incidental Expenses to be financed is set forth in the Facilities Report, which estimates may change as the Facilities are designed and bid for construction and acquisition. 5. The City is authorized by the Act to contribute revenue to, or to construct or acquire the Facilities and provide the Services, all in accordance with the Act. The Council finds that the: proposed Facilities and Services are necessary to meet the current demands that are placed on the public library system in the City. 6. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a special tax within the District, secured by recordation of a continuing lien against all nonexempt real property in the District, sufficient to pay for: (i) the Facilities, (ii) the Services, (iii) the Incidental Expenses, and (iv) the principal and interest and other periodic costs on the bonds or other indebtedness issued to finance the Facilities and the Incidental Expenses, including the establishment and replenishment of a reserve funds deemed necessary by the District, and any remarketing, credit enhancement and liquidity facility fees (including such fees for instruments which serve as the basis of a reserve fund in lieu of cash). The District expects to incur, and in certain cases has already incurred, Incidental Expenses in connection with the creation of the District, the issuance of bonds, the levying and collecting of the special tax, the completion and inspection of the Facilities, and providing Services. The rate and method of apportionment of the special tax applicable to the District is described in detail in Attachment "C" to Resolution No. 2006-61 and incorporated herein by this reference, and the City Council hereby finds that Attachment "C" to Resolution No. 2006-61 contains sufficient detail to allow each registered voter within the District to estimate the maximum amount that may be levied against non-exempt real property owned by such person. As described in greater detail in the Facilities Report, which is incorporated by reference herein, the special taxes are based on the expected demand that each parcel' of real property within the District will place on the Facilities and the Services and on the benefit that each parcel will derive from the right to access the Facilities and from the Services as set forth in Attachment "C" to Resolution No. 2006-61. The special tax within the proposed District is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act, and such special tax is not based upon the value or ownership of real property. If special taxes; of the District are levied against any parcel used for private residential purposes, (i) the maximum special tax rate shall not be increased over time; provided, however, the special taxes for Services may be increased based on the annual percentage change in the consumer price index to the extent permitted in the rate and method, (ii) the special tax for Facilities shall be levied for a period so long as bonds are outstanding, which shall not exceed 31 years from the date of issuance of the bonds or such series of bonds; provided that the special tax for Facilities may be levied until Fiscal Year 2046- 47, as further described in Attachment "C" to Resolution No. 2006-61, in order to collect delinquent special taxes required to pay debt service on bonds, (iii) the special tax for Services may be levied in perpetuity or for such period as the Services are needed, as further described in Attachment "C" to Resolution No. 2006-61, and (iv) under no circumstances will such special tax be increased with respect to residential property as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than ten percent. 7. The City Manager of the City of Diamond Bar, 21825 Copley Drive, Diamond Bar, California 91765-4178, telephone number (909) 839-7010, will be responsible for preparing annually, or authorizing a designee to prepare, a current roll of special tax levy obligations by assessor's parcel number and will be responsible for estimating future special tax levies pursuant to Section 53340.2 of the Act. 8. In the event that a portion of the property within the District shall become for any reason exempt, wholly or partially, from the levy of the special tax specified in Attachment "C" to Resolution No. 2006-61, as the case may be, the City Council shall, on behalf of the District, cause the levy to be increased, subject to the limitation of the maximum special tax for a parcel as set forth in Attachment "C" to Resolution No. 2006-61, to the extent necessary upon the remaining property within the District which is not exempt in order to yield the special tax revenues required for paying for the: Facilities, the Services, the Incidental Expenses, and the principal and interest and other periodic costs on bonds or other indebtedness issued to finance the Facilities and Facilities Incidental Expenses. The obligation to pay the ;special tax within the proposed District may not be prepaid. 9. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the Streets and Highways Code, a continuing lien to secure each levy of the special tax shall attach to all non-exempt real property in the District and this lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien canceled in accordance with law or until collection of the special tax by the District ceases. 10. Consistent with Section 1,53325.6 of the Act, the City Council finds and determines that the land within Community Facilities District No. 2006-1, if any, devoted primarily to agricultural, timber or livestock uses and being used for the commercial production of agricultural, timber or livestock products is contiguous to other land within Community Facilities District No. 2006-1 and will be benefited by the Facilities and Services being financed within Community Facilities District No. 2006-1 upon the development of such property provided that such property is exempt from the levy of the special taxes until such time as it becomes Developed Property (as defined in the Rate and Method of Apportionment of the special taxes). 11. The City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act. 12. The District may accept advances of funds or work -in-kind from any source, including, but not limited to, private persons or private entities, for any authorized purpose, including, but not limited to, paying any cost incurred in creating Community Facilities District No. 2006-1. The District may enter into an agreement with the person or entity advancing the funds or work -in-kind, to repay all or a portion of the funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work -in-kind, as determined by the City Council, with or without interest. 13. Written protests against the establishment of the District have not been filed by one-half or more of the registered voters within the boundaries of the District or by the property owners of one-half or more of the area of land within the boundaries of the District.. The City Council hereby finds that the proposed special tax for the District has not been precluded by a majority protest pursuant to Section 53324 of the Act. 14.An election is hereby called for the District on the proposition of levying the special taxes on the property within the District and establishing an appropriations limit for the District pursuant to Section 53325.7 of the Act and shall be consolidated with the election on the proposition of incurring bonded indebtedness for the District, pursuant to Section 53351 of the Act. The proposition to be placed on the ballot for the District is attached hereto as Attachment "A." 15. The date of the foregoing election for the District shall be November 7, 2006, such election being consolidated with the general statewide election held on such date. The election shall be conducted by the Registrar of Voters. The polls shall open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Election Code of the State of California. Except as otherwise provided by the Act, the election shall be conducted in accordance: with the provisions of law regulating elections of the City of Diamond Bar, insofar as such provisions are determined by the Registrar of Voters to be applicable. All ballots shall be received by and the Registrar of Voters shall close the election on the election day at 8:00 p.m., except as provided in Section 14401 of the Election Code of the State of California. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person or by mail to the qualified electors within the District. It has been determined by the Registrar of Voters that there were at least 12 registered voters within the District for each of the 90 days preceding August 1, 2006. Accordingly, the qualified) electors shall be the registered voters and each voter shall have one vote. 16. The City hereby requests the Board of Supervisors of Los Angeles County, pursuant to Elections Code Section 10403, to consolidate this special district election with the County and Statewide elections scheduled for November 7, 2006. 17. The City also hereby requests the Board of Supervisors of Los Angeles County to direct the Registrar of Voters to do all things necessary and proper for the conduct of the election, including but not limited to: establishing precinct boundaries and polling places, selecting and employing election officials; publication of notices; preparation and distribution of sample ballots; distribution of printed arguments for and against the measure; the conduct of the election; the counting of ballots and the canvassing and certification of the election results. 18. In accordance with Article: 4, Chapter 3, Division 9 of the Elections Code of the State of California, any and all members of the City Council are authorized to file a written argument in Favor or Against the ballot proposition and the City Council requests the City Clerk to receive arguments for or against the ballot proposition and establish a deadline of August 18, 2006 as the date after which no arguments for or against the ballot propositions may be submitted to the City Clerk. The City Council hereby directs the City Clerk to transmit a copy of the foregoing measure to the City Attorney for the City, and directs the City Attorney to prepare and submit to the City Clerk an impartial analysis of the foregoing measure, all pursuant to California Elections Code Section 9280. The City Council hereby directs the: City Manager to prepare a tax rate statement in accordance with Section 9401 at the Elections Code of the State of California and to transmit such tax rate statement to the City Clerk. The City Clerk shall transmit all election materials prepared pursuant to this Section 9 to the Registrar of Voters for inclusion in ballot materials. 19.This Resolution shall be effective upon its adoption. PASSED, APPROVED AND ADOPTED this , 2006. day of Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the day of , 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, CITY CLERK CITY OF DIAMOND BAR ATTACHMENT "A" BALLOT PROPOSITION COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE: CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY) SPECIAL TAX AND SPECIAL BOND ELECTION November 7, 2006 MEASURE _ — City of Diamond Bar Library: YES To finance the construction and furnishing of a NO library benefiting the residents of the City of Diamond Bar, shall Community Facilities District No. 2006-1 of the City of Diamond Bar issue not to exceed $13,100,000 of bonds at legal rates and levy special taxes to finance debt service on the bonds and operating costs of the library and the District, and establish an appropriations limit of $550,000, all with citizen oversight? RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY) DETERMINING THE NECESSITY TO INCUR BONDED INDEBTEDNESS WITHIN COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY) AND CALLING ELECTIONS THEREIN WHEREAS, on June 30, 2006, the City Council of the City of Diamond Bar (the "City Council") adopted Resolution No. 2006-61 stating its intention to form Community Facilities District No. 2006-1 of the City of Diamond Bar ("Community Facilities District No. 2006-1" or the "District') pursuant to the Mello -Roos Community Facilities Act of 1982, as amended (the "Act'); and WHEREAS, on June 30, 2006, the City Council also adopted Resolution No. 2006-62 stating its intention to incur bonded indebtedness within proposed Community Facilities District No. 2006-1 in the amount of up to $13,100,000 to (1) finance the purchase, construction, modification, expansion, improvement or rehabilitation of public facilities identified in Resolution No. 2006-61 and incorporated herein by this reference, including all furnishings, equipment and supplies related thereto (collectively, the "Facilities"); and (2) finance the incidental expenses to be incurred in connection with financing the Facilities and forming and administering the District (the "Incidental Expenses"); and WHEREAS, notice was published as required by law relative to the intention of the City Council to form proposed Community Facilities District No. 2006-1 and to incur bonded indebtedness within Community Facilities District No. 2006-1; and WHEREAS, on August 1, 2006, this City Council held a noticed public hearing to determine whether it should proceed with the formation of Community Facilities District No. 2006-1, issue bonds to pay for the Facilities and Incidental Expenses, including, but not limited to, the funding of reserve funds, the financing costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the facilities which are permitted to be financed pursuant to this Act, and authorize the rate and method of apportionment of the special taxes to be levied on Community Facilities District No. 2006-1 for the purposes described in Resolution No. 2006-61; and WHEREAS, at said hearings all persons desiring to be heard on all matters pertaining to the formation of Community Facilities District No. 2006-1, the levy of a special tax and the issuance of bonds to pay for the cost of the proposed Facilities and Incidental Expenses were heard and a full and fair hearing was held; and WHEREAS, the City Council subsequent to such hearing adopted Resolution No. establishing Community Facilities District No. 2006-1 (the "Resolution of Formation"); and WHEREAS, the City Council desires to make the necessary findings to incur bonded indebtedness within the District, to declare the purpose for said debt, and to authorize the submittal of certain propositions to the registered voters within the District, all as authorized and required by law. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: SECTION 1. It is necessary to incur bonded indebtedness of Community Facilities District No. 2006-1 in a maximum aggregate principal amount not to exceed $13,100,000. SECTION 2. The indebtedness is to be incurred for the purpose of financing the costs of the Facilities and the Facilities Incidental Expenses, including, but not limited to, the funding of reserve funds for the bonds, the financing of costs associated with the issuance of the bonds and all other costs and expenses necessary to finance the Facilities which are permitted to be financed pursuant to the Act. SECTION 3. The whole of the property within the District, other than property exempted from the special tax pursuant to the provisions of the applicable rate and method of apportionment attached to Resolution No. 2006-61 as Attachment "C", shall pay for the bonded indebtedness pursuant to the levy of the special tax authorized by the Resolution of Formation. SECTION 4. The maximum term of the bonds to be issued shall in no event exceed thirty-one (31) years from the date of issuance of the bonds of such series, or such longer term as is then permitted by law. SECTION 5. The bonds shall bear interest at the rate or rates not to exceed 12% or the maximum interest rate permitted by law, payable annually or semiannually, or in part annually and in part semiannually, except the first interest payment may be for a period of less than six months, with the actual rate or rates and times of payment to be determined at the time or times of sale thereof. SECTION 6. The bonds may bear a variable or fixed interest rate, provided that such variable rate or the fixed rate shall not exceed the maximum rate permitted by Section 53531 of the Act, or any other applicable provision of law limiting the maximum interest rate on the bonds. SECTION 7. Pursuant to Section 53351 of the Act, a special election is hereby called for Community Facilities District No. 2006-1 on the proposition of incurring the bonded indebtedness for the District. The proposition relative to incurring bonded indebtedness for Community Facilities District No. 2006-11 shall be consolidated with the election and the proposition to levy special taxes and establish an appropriations limit and shall be in the form set forth in Attachment "A" hereto. SECTION 8. The date of the foregoing election for the District shall be November 7, 2006, such election being consolidated with the general statewide election held on such date. The election shall be conducted by the Registrar of Voters. The polls shall open at 7:00 a.m. of the day of the election and shall remain open continuously from that time until 8:00 p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Election Code of the State of California as determined and published by the Registrar of Voters. Except as otherwise provided by the Act, the election shall be conducted in accordance with the provisions of law regulating elections of the City of Diamond Bar, insofar as such provisions are determined by the Registrar of Voters to be applicable. All ballots shall be received by and the Registrar of Voters shall close the election on the election day at 8:00 p.m., except as provided in Section 14401 of the Election Code of the State of California. Pursuant to Section 53326 of the Act, the ballots for the special election shall be distributed in person or by mail to the qualified electors within the District. It has been determined by the Registrar of Voters that there were at least 12 registered voters within the District for each of the 90 days preceding August 1, 2006. Accordingly, the qualified electors shall be the registered voters and each voter shall have one vote. The City hereby requests the Board of Supervisors of Los Angeles County, pursuant to Elections Code Section 10403, to consolidate this special district election with the County and Statewide elections scheduled for November 7, 2006. The City also hereby requests the Board of Supervisors of Los Angeles County to direct the Registrar of Voters to do all things necessary and proper for the conduct of the election, including but not limited to: establishing precinct boundaries and polling places, selecting and employing election officials; publication of notices; preparation and distribution of sample ballots; distribution of printed arguments for and against the measure; the conduct of the election; the counting of ballots and the canvassing and certification of the election results. SECTION 9. In accordance with Article! 4, Chapter 3, Division 9 of the Elections Code of the State of California, any and all members of the City Council are authorized to file a written argument in Favor or Against the ballot proposition and the City Council requests the City Clerk to receive arguments in favor or against the ballot proposition and establish a deadline of August 18, 2006 as the date after which no arguments in favor or against the ballot propositions may be submitted to the City Clerk. The City Council hereby directs the City Clerk to transmit a copy of the foregoing measure to the City Attorney for the City, and directs the City Attorney to prepare and submit to the City Clerk an impartial analysis of the foregoing measure, all pursuant to California Elections Code Section 9280. The City Council hereby directs the City Manager to prepare a tax rate statement in accordance with Section 9401 at the Elections Code of the State of California and to transmit such tax rate statement to the City Clerk. The City Clerk shall transmit all Election materials prepared pursuant to this Section 9 to the Registrar of Voters for inclusion in the ballot materials. SECTION 10. This Resolution shall take effect immediately upon its adoption PASSED, APPROVED AND ADOPTED this day of , 2006. Carol Herrera, Mayor I, Tommye Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the day of 2006, by the Following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye Cribbins, CITY CLERK CITY OF DIAMOND BAR ATTACHMENT "A" BALLOT PROPOSITION COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE: CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY) SPECIAL TAX ,AND SPECIAL BOND ELECTION November 7, 2006 MEASURE — — City of Diamond Bar Library: YES To finance the construction and furnishing of a NO library benefiting the residents of the City of Diamond Bar, shall Community Facilities District No. 2006-1 of the City of Diamond Bar issue not to exceed $13,100,000 of bonds at legal rates and levy special taxes to finance debt service on the bonds and operating costs of the library and the District, and establish an appropriations limit of $550,000, all with citizen oversight? COMMUNITY FACILITIES DISTRICT NO. 2006-1 CITY OF DIAMOND BAR (DIAMOND BAR LIBRARl FACILITIES REPORT CITY OF DIAMOND BAR CITY COUNCIL CAROL HERRERA, MAYOR BOB ZIRBES, MAYOR PRO TER WEN P. CHANG, COUNCIL MEMBER MACK TANAKA, COUNCIL MEMBER STEVE TYE, COUNCIL MEMBER TABLE OF CONTENTS PAGE INTRODUCITON..................................................................... A. Description of Facilities and Library Services 1 B. Boundaries of CFD No. 2006-1 1 C. Cost Estimates For Facilities and Library Services 1 D. Rate and Method of Apportionment of Special Taxes 2 E. General Terms and Conditions 2 F. Conclusion 3 ExHIBITA............................................................................................................................... A-1 DESCRIPTION OF BOUNDARIES AND BOUNDARY MAP A-1 EXHIBITB..........................................................................................................................B-1 COST ESTIMATES B-1 Library Services B-1 Facilities B-2 ExHIBIT .......... C............................................................. .....0-1 .................................................... Rate and Method of Apportionment C-1 INTRODUCTION WHEREAS, the City Council of the City of Diamond Bar (hereinafter referred to as the "Agency" or "legislative body of the local Agency"), in the State of California, did, pursuant to the terms and provisions of Chapter 2.5 of Part 1, of Division 2, of Title 5 of the Government Code of the State of California, as amended (the "Act"), and specifically Section 53321.5 thereof, expressly order the filing of a written Community Facilities District Report ("Report") with the Agency for a proposed Community Facilities District, which Community Facilities District shall be referred to as Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library), (hereinafter referred to as "CFD No. 2006-1"); and WHEREAS, the Report generally contains the following: • A brief description of the Facilities and Library Services which will be financed through the levy of special taxes by CFD No. 2006-1; • An estimate of the cost of financing such Facilities and Library Services, as defined below, including incidental expenses, determination of the amount of any special taxes, collection of any special taxes, and all other related costs as provided for in Section 53345.3 of the Act; and • The rate and method of apportionment of the Special Tax in sufficient detail to allow each property owner within proposed CFD No. 2006-1 to calculate the maximum annual Special Tax that may be levied against their property. For particulars, reference is made to the Resolution No. 2006-61 (the "Resolution of Intention") as previously approved. All capitalized terms not defined herein are defined in the Rate and Method of Apportionment of Special Tax attached as Exhibit "C". NOW THEREFORE MuniFinancial, the appointed responsible firm directed to prepare the Report, pursuant to the provisions of the Code, does hereby submit the following: A. DESCRIPTION OF FACILITIES AND LIBRARY SERVICES CFD No. 2006-1 is being formed to provide library Facilities and Library Services authorized by the Act and desired by the City of Diamond Bar. The following is a general description of the Facilities and Library Services to be financed by CFD No. 2006-1. August 1, 2006 P' 1 Crly01,I)ieitvand 13ar CtI�llie, ir�c,'o. _(0(�D_A-1 (Diallmtld Bar Lji)n/ )) FAC/LIT/ES: The proposed public facilities and expenses to be financed by CFD No. 2006-1 include the construction, modification, expansion, improvement or rehabilitation of a municipal library, including all furnishings, equipment and supplies related thereto, and together with all appurtenant work in connection therewith, provided that such facilities have a useful life of five years or longer. Facilities Incidental Expenses: Incidental expenses proposed to be incurred include the following: (a) the cost of planning and designing the proposed public facilities to be financed, including the cost of environmental evaluations of those facilities; (b) any other expenses incidental to the construction, completion and inspection of the authorized work; and (c) the costs associated with the formation of CFD No. 2006-1, issuance of bonds, determination of the amount of taxes, collection of taxes, payment of taxes, or costs otherwise incurred in order to carry out the authorized purposes of the CFD No. 2006-1. LIBRARY SERV/CES: The estimated and reasonable costs of providing library services including but not limited to (i) the salaries and benefits of library staff, (ii) maintenance and operation of the library, including, electricity, water, landscaping, and other direct costs, (iii) materials, equipment, and other real or tangible property, and (iv) maintenance of library collection materials and incidental expenses. B. BOUNDARIES OF CFD NO. 2006-1 The boundaries of CPD No. 2006-1 are equivalent and consistent to the City boundaries of the City of Diamond Bar. As of the writing of this Report, the parcels within the boundaries of CFD No. 2006-1 are identified by the Los Angeles County Assessor's Roll for Fiscal Year 2005-2006. The boundaries of CFD No. 2006-1 include all properties and parcels on which special taxes may be levied to pay for the costs and expenses of the authorized Facilities and Library Services. The boundaries of CFD No. 2006-1 are described within Exhibit "A", a reduced scale map entitled "Proposed Boundaries of City of Diamond Bar Community Facilities District No. 2006-1 (Diamond Bar Library)" which is attached hereto and incorporated herein. A full-scale map is on file with the City Clerk of the City of Diamond Bar and has been recorded in Maps of Assessments and Community Facilities Districts with the Los Angeles County Recorder on July 12, 2006, in Book 192, Page 6. C. COST ESTIMATES FOR FACILITIES AND LIBRARY SERVICES CFD No. 2006-1 is being formed to provide library Facilities and Library Services to the City of Diamond Bar. It is estimated that special tax revenues generated from CFD No. 2006-1 will fund the eligible Facilities and a portion of the overall cost of the Library Services of CFD No. 2006-1. For a more detailed cost estimates, please refer to Exhibit `B". Augu t 1, 2006 1'uT,7 Ct/y of Di�inzarrd 13�rr C oi�trrri�rzitp h�r�zlifie (�lJEY7CC A'o. 200( -7 (Din yZ011d 13ar Lilnar ) D. RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES The Resolution of Intention sets forth the rate and method of apportionment of the Special Tax, which allows each property owner within CFD No. 2006-1 to estimate the annual amount that would be required for payment if a Special Tax were levied. Table 1 shows the initial Maximum Special Tax that may be levied in Fiscal Year 2007-2008. TABLE 1 ASSIGNED SPECIALTAX RATES FISCAL YEAR 2007-2008 Tax Class Land Use Type Facilities Special Tax Services Special Tax Assigned Special Tax 1 Single -Family Residential $61.20 per Unit $27.80 per Unit $89.00 per Unit 2 Multi -Family Residential $44.50 per Unit $20.30 per Unit $64.80 per Unit 3 Commercial Property $55.30 per Parcel $25.20 per Parcel $80.50 per Parcel 4 Industrial Property $41.20 per Parcel $18.80 per Parcel $60.00 per Parcel For each subsequent Fiscal Year following Fiscal Year 2006-2007, the Services Special Tax for each Assessor's Parcel classified as Developed Property shall be adjusted by the annual percentage change in the Consumer Price Index reported in March of the prior Fiscal Year. For particulars of the rate and method of apportionment, see Exhibit "C", Rate and Method of Apportionment of Special Tax. E. GENERAL TERMS AND CONDITIONS FACILITIES AND LIBRARY" SERV/CES The description of the Facilities and Library Services, as set forth herein, is general in nature. The final nature of the Facilities and Library Services will be determined upon the approval of such Facilities and Library Services. , August Au 1 2006 >- 8 1 ' � Caly. ofDraunolrd Bar Coire1rt<ftzily I"'W7lilir 1)/*0i t ,X0. 2006 -I (%�ic�rrtartcl 13ar Lil)nlr,) F. CONCLUSION Based on information provided by, and discussions with, the Agency and the property owners, the Facilities are facilities authorized to be financed by the Act and the Library Services listed in this Report are library services as defined herein. Further, it is my opinion that the Special Tax rate and method of apportionment as set forth in "Exhibit C" is equitable and has been apportioned on a reasonable basis to the benefit conferred. The Special Tax is not discriminatory or arbitrary and permits a purchaser of property subject to the Special Tax a fair means of determining his or her obligation. MuniFinancial By: Chris Fisher Principal Consultant MuniFinancial August 1, 2006 P ge 3 `s Ci/}'vfDi"Irnornl Brzr (0tre//11"i-4 I" ilities 1) * *id No. 2006 -1 (Dinrnond Bar Lib)ar)) EXHIBIT A DESCRIPTION OF BOUNDARIES AND BOUNDARY MAP BOUNDARIES OF GFO AFE7. 2006- 1: The exterior boundaries of CFD No. 2006-1 will be shown on that certain map to be kept on file in the Office of the City Clerk entitled "Proposed Boundaries of the City of Diamond Bar Community Facilities District No. 2006-1 (Diamond Bar Library)". This map indicates, by a boundary line, the extent of the territory included in CFD No. 2006-1 and shall govern for all details as to the extent of CFD No. 2006-1. The parcels of real property within CFD No. 2006-1 are described more particularly on the Assessor Parcel Maps that are on file in the office of the Los Angeles County Assessor or on Maps filed with the County Recorder in connection with lot line adjustments and are incorporated into this Report by reference. BOL/NDARY MAP; A reduced copy of the boundary map follows. The original of such map has been recorded in the records of the County Recorder, County of San Bernardino, State of California, recorded July 12, 2006, in Book 192 Page 6 of Maps of Assessment and Community Facilities Districts and kept on file in the Office of the City Clerk, following its approval by City Council. August 1, 2006 P:r�e , I -a C.rfy o/ I)iumoricl I3 rr Cmylwlnif} 1'atihfie.i 01.1h7 .d,A'0. _'006-1 (I)inrn0114 Bar Ljbrzn)) PROPOSED BOUNDARIES OF THE CITY OF DIAMOND BAR COMMUNITY FAciu-nES DISTRICT NO. 2000-1 (DIM40ND BAR LIBRARY) CITY OF D46MOM 8Ak COUNTY OF LOS AWAUM STATE OF CN.I VMSA M TKOFW-E OF THE CITY LLgm Cr T V CRY OF a",.DM 2=1 R TNS AAY OF I ME"CWMT THA:iMamtwHAr*Kwm FTQvom COYMNRY� tNMI SMR L4W4MGN(WCbW0N0EAA COW"OF LO6•W AyatlreA [SYTFbCT nq. CALOOMP;A. W'AS 6y TM OGA�ICS OF 7HE QTY OF MIP AMAN F 1t£AY6 TiSTRor-HRA Cw TFE,WTCW .ktn.� SEE, G5r R6rsseLunan nq baa -G CrIYOFO;A1F10 EAR TN9%w� TNT 1RRRTYGi� •�TW 800k OF TlE A aTtI1MA AkWHGT80.T PA irj OOUJfy (,F LC6wOFTWYCPt6i vA�1ptlIMRNTNe OFFICr Or TilCCL2lTY REW� 4P, i-r�l1i 4E G'Lk OAlph m4T_No: Q(a �6$A4 TT �' LyocTiCO1Ar11r aria WWuMY----_�- CD WTV0►W Na3f�E6 lNOli680f TH[ EOiYMTy FAObTlE DDilYC'T «u YolLt TNl CTT 4!' DWERarw nus LlRARr}ATF caTa+Mxusu Tons EO,Ip{AIEB a= WiE aiv or Dwv'sA4 W7. AIq CWlM1M Cuc+l �uaPB 3i WY OP.EIMi KMAu6ltAYs{IC T}g Lipy.y Legend 0 CRY Boundary Parcel Lines M av�ilw IVY �.�oit..r�q ��r•er.v�wMWrn�y..er_...�r+. m+"w Owr � �tiMr v OlMi�w1 Y { 040 cmmftd 6y CRv M fmm.oy a.. 08 A.prn,.. of Pomona* - WIFE, l cur of industry �#I} lt7T (� '•.T-'TK,� chrYy f' 'ti 2 iT 1 s yA ?� ^!M s;• d4b% F � � T - F - Cay of Chino Foils '�'1' y py�li T s�io wws - Y t ' 1rr wR� �w11Mi 'C 0 2.506 5,000 18,000 Feet August 1, 2006 Pune 1-2 C.iip of Di'twwond Bcn- Iw iliiie.s 01*,f1zr1 I\ -o. '0O6-1 (hruinond liar LiIV aj) EXHIBIT B COST ESTIMATES LIBRARY SERV/CES The budget below represents the gross estimated cost of Library Services in current 2006 dollars. The Service Special Tax was calculated as the amount necessary to pay for Library Services associated with the construction of the proposed Library facility. The Service Special Tax provides partial funding in the amount of $500,000 (adjusted by the annual change in the Consumer Price Index) for Library Services. Budget Estimated Costs Salaries $877,000 Books and Materials $75,000 Operation and Maintenance $771,838 Total $1,723,838 August 1, 2006 Page B - 1 City of Diarrrorrc! 13ar Coin,frerrnitl, I'ac2iillP_i Di lrictNo. 200(,-1 (Diamond Bar Libra?)) FAC/L/7-/C5 It is proposed that CFD No. 2006-1 incur bonded indebtedness up to $13,100,000, secured by the levy of the Facilities Special Tax within CFD No. 2006-1 for the purpose of financing the Facilities as described herein, which CFD No. 2006-1 is authorized to fund through the levy of special taxes. CFD NO. 2006-1 ELIGIBLE FACILITIES CONSTRUCTION $ 11,000,000 Furniture Fixtures & (Equipment $ 1,400,000 Architecture & Engineering $ 700,000 Project Management $ 300,000 Contingency $ 800,000 Site Development $ 800,000 PROJECT COSTS $ 15,000,000 August 1, 2006 Page I3 - 2 C.�/1� o� I7i��rno�rc� 13rar C,�areartzanil,V a('iblies Oislrirt:A'o. 2006-1 (Dinrnond Bar LilVall) EXHIBIT C COMMUNITY FACILITIES DISTRICT NO. 2006-1 OFTHE CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY) Special Taxes as hereinafter defined shall be levied on and collected for Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library) ("CFD No. 2006-1") each Fiscal Year commencing in Fiscal Year 2007-2008, in an amount determined by the City Council of the City of Diamond Bar through the application of the Special Tax for Developed Property as described below. All of the real property in CFD No. 2006-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent, and in the manner herein provided. A. OEF/N/T/O/VS The terms hereinafter set forth have the following meanings: "Act" means the Mello -Roos Communities Facilities Act of 1982 as amended, being Chapter 2.5, Part 1, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means any actual ordinary and necessary expense of the City of Diamond Bar, or designee thereof or both, to carry out the administration of CFD No. 2006-1 related to the determination of the amount of the levy of the Special Tax, the collection of the Special Tax including the expenses of collecting delinquencies, the administration of Bonds, the payment of a proportional share of salaries and benefits of any City employee whose duties are directly related to the administration of CFD No. 2006-1, fees and expenses for counsel, audits, or other amounts needed to pay rebate to the federal government with respect to the Bonds, costs related to complying with continuing disclosure requirements, costs associated with responding to public inquiries regarding CFD No. 2006-1 or the Bonds, and costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2006-1. "Assessor's Parcel" means a lot: or parcel of land designated on an Assessor's Parcel Map with an assigned Assessor's parcel number within the boundaries of CFD No. 2006-1. "Assessor's Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor's Parcel number. "Assigned Special Tax" means the annual Special Tax as described in Section C below "Base Year" means Fiscal Year ending June 30, 2007. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, notes, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which the Special Tax has been pledged. City of Diamond Bar Page C- I June 30, 2006 Community Facilities District No. 2006-1'. "Boundary Map" means the map of the boundaries for CFD No. 2006-1, as approved by the City Council, and recorded with the County in its maps of assessment and community facilities districts. "Building Permit" means a permit for new construction for a residential dwelling or non- residential structure. For purposes of this definition, `Building Permit" shall not include permits for construction or installation of retaining walls, utility improvements, or other such improvements not intended for human habitation. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 2006-1" means Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library) established by the City under the Act. "City" means the City of Diamond Bar. "City Council" means the City Council of the City, acting as the legislative body of CFD No. 2006-1, or its designee. "Commercial Property" means all Assessors' Parcels of Developed Property within CFD No. 2006-1 for which a Building Permit has been issued for purposes of constructing one or more commercial units, excluding Industrial Property. "Consumer Price Index" means the index published by the U.S. Department of Labor, Bureau of Labor Statistics for all urban consumers in the Los Angeles -Riverside -Orange County area. "County" means the County of Los Angeles. "Developed Property" means all Assessor's Parcels within CFD No. 2006-1 for which Building Permits were issued on or before March 1 preceding the Fiscal Year for which Special Taxes are being levied, provided that a Final Map was created on or before January 1 of the prior Fiscal Year and that each such Assessor's Parcel is associated with a Lot, as determined reasonably by the City. "Exempt Property" means allAssessor's Parcels within CFD No. 2006-1 designated as being exempt from the Special Tax as determined in Section F. "Facilities" means those public: facilities and associated incidental expenses authorized to be funded by CFD No. 2006-1 as set forth in the formation documents for CFD No. 2006-1. "Facilities Special Tax" means the portion of the Special Tax authorized to be levied by CFD No. 2006-1 pursuant to the Act to fund Facilities. "Final Map" means a subdivision of property evidenced by the recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or the recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which Building Permits may be issued without further subdivision, or any other similar recorded final map for Non -Residential Properties. City of Diamond Bar Page C-2 June 30, 2006 Community Facilities District No. 2006-1 "Fiscal Year" means the period commencing on July 1 of any year and ending the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Industrial Property" means all Assessors' Parcels of Developed Property within CFD No. 2006-1 for which a Building Permit has been issued for purposes of constructing an industrial use property, as classified by the Building Permit, Final Map, County's secured roll, or other recorded document approved by the City. "Land Use Type" means any of the land use types listed in Table 1 below. "Library Services" means the estimated and reasonable costs of providing library services including but not limited to (i) the salaries and benefits of library staff, (ii) maintenance and operation of the library, including, electricity, water, landscaping, and other direct costs, and (iii) materials, equipment, and other real or tangible property. "Lot" means an individual legal lot created by a Final Map for which a Building Permit could be or has been issued for the development of a Residential Property or Non -Residential Property. "Multi -Family Residential" means all Assessor's Parcels of Developed Property for which a building permit has been issued for a residential structure consisting of two or more residential units that share common walls, including, but not limited to, duplexes, triplexes, townhomes, condominiums, and apartment units. Assessor's Parcels classified by the County as mobile home parks will be levied the Special Tax, where each mobile home equals one Unit. "Non -Residential Property" means all Assessors' Parcels of Developed Property for which a Building Permit was issued for any type of non-residential use. "Proportionately" means, for Developed Property, the ratio of the actual Special Tax levied to the Assigned Special Tax is equal for all Assessor's Parcels of Developed Property. "Public Property" means any property within the boundaries of CFD No. 2006-1 that is owned by or irrecoverably dedicated to the City, the federal government, the State of California, the County, CFD No. 2006-1, or other public agency. "Residential Property" means all Assessors' Parcels of Developed Property within CFD No. 2006-1 for which a Building Permit has been issued for purposes of constructing one or more residential dwelling units. "Single -Family Residential" means all Assessors' Parcels of Developed Property within CFD No. 2006-1 for which a Building Permit has been issued for purposes of constructing one residential dwelling unit. "Services Special Tax" means the portion of the Special Tax authorized to be levied by CFD No. 2006-1 pursuant to the Act to fund Library Services; provided, however, that in the event of a shortfall in the Special Tax Requirement, the proceeds from the levy of the Services Special Tax may be used to pay debt service on or periodic costs of all outstanding Bonds. City of Diamond Bar Page C-3 Community Facilities District No. 2006-1 June 30, 2006 "Special Tax" means the sum of the Facilities Special Tax and the Services Special Tax authorized to be levied by CFD No. 2006-1 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement" means the amount required in any Fiscal Year for CFD No. 2006-1 to fund: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses associated with the Special Tax, (iii) any amount required to establish or replenish any reserve funds established in association with the Bonds, (iv) pay directly for acquisition and/or construction of Facilities which are authorized to be financed by CFD No. 2006-1, (v) the budgeted costs of the Library Services to be levied by CFD No. 2006-1 up to $500,000 for the Base Year, which will be subject to the annual change in the Consumer Price Index for each subsequent Fiscal Year, and (vi) any delinquencies in the payment of principal or interest on Bonds which have occurred in the prior Fiscal Year or, based on existing delinquencies in the payment of Special Taxes, are expected to occur in the Fiscal Year in which the tax will be collected, less (vii) any amount available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Trustee" means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessors' Parcels within CFD No. 2006-1 not classified as Developed Property, which would be classified as Developed Property upon a Building Permit being issued. "Unit" means any residence in which a person or persons may live, including mobile homes, and is not considered to be for cion -residential use. H. CLASS/F-/CAT/ON 0E- ASSESSOR'S PARCELS Each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor's Parcel within CFD No. 2006-1 shall be classified as Developed Property or Exempt Property. In addition, each Fiscal Year, beginning with Fiscal Year 2007-2008, each Assessor's Parcel of Developed Property shall further be classified as Single -Family Residential, Multi -Family Residential, Commercial Property, or Industrial Property. C. ASS/GNED SPEC/AL TAX Each Fiscal Year commencing in Fiscal Year 2007-2008, each Assessor's Parcel of Developed Property within CFD No. 2006-1 shall be subject to an Assigned Special Tax. The Assigned Special Taxes for each Land Use 'Type of Developed Property for Fiscal Year 2007-2008 are shown in Table 1. TABLE 1 ASSIGINED SPECIALTAX RATES FISCAL YEAR 2007-200B Tax Class Land Use Type Facilities Special Tax Services Special Tax 1 Single -Family Residential $61.20 per Unit $27.80 per Unit 2 Multi -Family Residential $44.50 per Unit $20.30 per Unit 3 Commercial Property $55.30 per Parcel $25.20 per Parcel 4 Industrial Property $41.20 per Parcel $18.80 per Parcel Assigned Special Tax $89.00 per Unit $64.80 per Unit $80.50 per Parcel $60.00 per Parcel City of Diamond Bar Page C-4 June 30, 2006 Community Facilities District No. 2006-1 For each subsequent Fiscal Year, following the Base Year, the Services Special Tax for each Assessor's Parcel classified as Developed Property shall be adjusted by the annual percentage change in the Consumer Price Index reported in March of the prior Fiscal Year. O. METHOD OF- APP0R7-/ON1%fENT OF THE SPECIAL TAX Commencing Fiscal Year 2007-2008 and for each subsequent Fiscal Year until terminated, the City Council shall levy the Special Tax on all Developed Property within CFD No. 2006-1 until the total amount of the Special Tax levied equals the Special Tax Requirement in accordance with the following: The Special Tax shall be: levied Proportionately on each Assessor's Parcel of Developed Property within CFD No. 2006-1 up to 100% of the applicable Assigned Special Tax for such Fiscal Year. Notwithstanding the above, under- no circumstances will the Special Tax levied against any Assessor's Parcel of Developed Property classified as Residential Property be increased by more than ten percent (10%) as a consequence of delinquency or default by the owner of any other Assessor's Parcel within CFD No. 2006-1. E. TERM/NAT/ON OF- SPEC/AL TAXES FACILITIES SPECIAL TAX For each Fiscal Year that any Bonds are outstanding, the Facilities Special Tax shall be levied on all Assessor's Parcels in CFD No. 2006-1 subject to the Facilities Special Tax. If any delinquencies for the Facilities Special Tax remain uncollected prior to or after all Bonds are retired, the Facilities Special Tax may be levied to the extent necessary to reimburse CFD No. 2006-1 for uncollected Facilities Special Tax obligations, but not later than the Fiscal Year 2046-2047, at which time foreclosure proceedings will commence to collect any remaining delinquent Facilities Special Tax obligations. 2. SERVICES SPECIAL TAX The Services Special Tax shall be levied in perpetuity to finance the Library Services. F, EXEMPTIONS The City shall classify as Exempt Property: (i) Public Property,(ii) Assessor's Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor's Parcels used exclusively by a homeowners' association, (iv) Undeveloped Property, (v) Assessor's Parcels with public or utility easements making impractical their utilization for other purposes than those set forth in the easement, or (vi) Assessor's Parcels for which the entirety of such Assessor's Parcel is not located within the boundaries of CFD No. 2006-1 G. APPEALS Any property owner claiming that the amount or application of the Special Tax is not correct may file a written notice of appeal with the: City Council not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2006-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative's decision requires that the Special Tax for an Assessor's Parcel be modified or changed in favor of the property owner, a cash refund shall not be made (except for the last year of levy), but an City of Diamond Bar Page C-6 Community Facilities District No. 2006-1 June 30, 2006 adjustment shall be made to the Special Tax on that Assessor's Parcel in the subsequent Fiscal Year(s). H. MANNER OF COLLECT/ON The annual Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2006-1 may collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor's Parcels as permitted by the Act. City of Diamond Bar Page C-6 June 30, 2006 Community Facilities District No. 2006-1 Agenda # g ,1 Meeting Date: CITY COUNCIL AGENDA REPORT l'1'CORPOR 1��'Q TO: Honorable Mayor and Members of the City Council VIA: David Doyle, Interim City Manager ft TITLE: Resolution No. 2006 -XX: A Resolution of the City Council of the City of Diamond Bar, California Acting as the Legislative Body of Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library), Requesting the Board of Supervisors of the County of Los Angeles to Consolidate a Special Election to be held on November 7, 2006, with the Statewide General Election to be held on the Date Pursuant to § 10402 of the E=lections Code. RECOMMENDATION: Adopt. FINANCIAL SUMMARY: The estimated costs for the election will be approximately $70,000 and this amount has been included in the FY 2006-07 Budget. DISCUSSION: With the adoption of the Resolutions Establishing a Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library), Authorizing the Levy of Special Taxes and Calling Elections Therein; and, Determining the Necessity to Incur Bonded Indebtedness within the Community Facilities District No. 2006-1 of the City of Diamond Bar (Diamond Bar Library) and Calling Elections Therein, the City Council needs to adopt the attached Resolution Requesting the Board of Supervisors of the County of Los Angeles to Consolidate a Special Election to be held on November 7, 2006 with the Statewide General Election to be held on the date Pursuant to §10403 of the Elections Code. PREPARED BY: Tommye Cribbins, City Clerk Attachment: RESOLUTION NO. 2006- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE: CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY), REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO CONSOLIDATE A SPECIAL ELECTION TO BE HELD ON NOVEMBER 7, 2006, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of Diamond Bar acting as the legislative body of Community Facilities District No. 2006 -1 of the City of Diamond (Diamond Bar Library) (the "District'), has pursuant to Resolution Nos and adopted on August 1, 2006, called a Special Election to be held on November 7, 2006, for the purpose of submitting to the registered voters within the District a ballot proposition relating to the levy of special tax within the District to finance the acquisition and construction of a municipal library, the financing of library services, the issuance of bonds in an amount not to exceed $13,100,000 and certain incidental expense all as further described in Resolution Nos. and .; and WHEREAS, it is desirable that the Special Election be consolidated with the Statewide General Election to be held on the same date and that within the the precincts of the District which are coterminous with the City, polling places and election officers of the two elections be the same, and that the County Election Department of the County of Los Angeles canvass the returns of the Special Municipal Election and that the election be held in all respects as if there were only one election; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ACTING AS THE LEGISLATIVE BODY OF THE COMMUNITY FACILITIES DISTRICT NO. 2006-1 OF THE CITY OF DIAMOND BAR (DIAMOND BAR LIBRARY) DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of § 10403 of the Elections Code, the Board of Supervisors of the County of Los Angeles is hereby requested to consent and agree to the consolidation of the Special Election described above with the Statewide General Election on Tuesday, November 7, 2006, for the purpose of the submitting a measure. SECTION 2. That a measure is to appear on the ballot as follows: MEASURE _ — City of Diamond Bar Library: To Finance the construction and furnishing of a library benefiting Yes the residents of the City of Diamond Bar, shall Community Facilities District No. 2006-1 of the City of Diamond Bar issue not to exceed $13,100,000 of bonds at legal rates and levy special taxes to finance debt service on the bonds and operating costs of No the library and the District, and Establish an appropriations limit of $550,000, all with citizen oversight? SECTION 3. That the County Election Department is authorized to canvass the returns of the Special Election. The Election shall be in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 4. That the Board of Supervisors is requested to issue instructions to the County Election Department to take any and all steps necessary for the holding of the consolidated election. SECTION 5. That the City of Diamond Bar recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any costs. SECTION 6. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the County Election Department of the County of Los Angeles. SECTION 7. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the Ibook of original resolutions. 2006. PASSED, APPROVED AND ADOPTED this day of , Mayor I, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the day of , 2006, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Tommye A. Cribbins, CITY CLERK CITY OF DIAMOND BAR CITY COUNCIL Agenda # 8-2 Meeting Date: August 1 2006 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: David Doyle, Interim City Manager ow TITLE: APPROVE FIRST READING OF ORDINANCE NO. 2006 -XX AMENDING DIAMOND BAR MUNICIPAL CODE SECTION 18.108.050 RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS. RECOMMENDATION: Introduce and approve first reading by title only and waive full reading of Ordinance 2006 -XX. FINANCIAL IMPACT: The proposed amendment will have no financial impact to the City. BACKGROUND: The National Flood Insurance Program (NFIP) is administered by the Department of Homeland Security's Federal Emergency Management Agency (FEMA). The NFIP makes federally - subsidized flood insurance available in those cities that have adopted floodplain management regulations designed to prevent and mitigate flood damage. In order for City residents to be eligible to purchase the federally -subsidized flood insurance, cities must adopt floodplain management regulations which meet or exceed the requirements set forth in Title 44, Part 60 of the Code of Federal Regulations. As, a condition of continued eligibility in the NFIP, prior to September 20, 2006, the City must also adopt the new Flood Insurance Study (FIS) and Digital Flood Insurance Rate Maps (DFIRMs) that identify existing flood hazards in our community. In an effort to have all floodplain management ordinances in compliance with the Federal Regulations by September 20, 2006, FEMA and the California Department of Water Resources (DWR) conducted a comprehensive audit of the floodplain management ordinances in effect in all cities throughout Los Angeles County. Failure to adopt and enforce regulations that comply with the Federal Regulations by September 20, 2006 will result in automatic suspension from the NFIP. If suspended, a city becomes nonparticipating and flood insurance policies cannot be written or renewed. DISCUSSION: The City of Diamond Bar participates in the NFIP and has adopted a Floodplain Management Ordinance, codified in Title 18 of the City's Municipal Code. In July of 1998, FEMA issued Flood Insurance Rate Maps (FIRM) that identified the Special Flood Hazard Areas subject to inundation by the base flood in the City of Diamond Bar. The "base flood" is the flood having a one (1) percent chance of being equaled or exceeded in any given year. This is the regulatory standard referred to as the "100 -year flood." FEMA recently completed a re-evaluation of flood hazards in Los Angeles County and provided the City with updated preliminary copies of the Flood Insurance Study (FIS) report and FIRMs. Prior to the re-evaluation by FEMA, the City of Diamond Bar was primarily designated in Zone C -"Areas of Minimum Flooding" with a small area located in the vicinity on Brea Canyon Road and Lycoming Street designated as Zone AO -"Areas of 100 -year shallow flooding where depths are between one (1) and three (3) feet; base flood elevations are shown, but no flood hazard factors are determined." The FIRMs have been revised, whereby Diamond Bar is now primarily designated as Zone X -"Areas determined to be outside the 500 -year floodplain (i.e., a dangerous flood event with a 1 in 500 chance of happening in any given year)" with the small area around Brea Canyon Road and Lycoming Street maintaining the Zone AO designation. Pursuant to Diamond Bar Municipal Code Section 18.108.050, these FIS and FIRMs are to be automatically adopted by reference and made part of the Floodplain Management Ordinance. However, the existing ordinance must be amended to meet the current minimum requirements of the NFIP. As the ordinance currently reads, the FIS and FIRMs are referred to as, "Flood Insurance Study of the County of Los Angeles, and all revisions thereto, with an accompanying flood insurance rate map." In order to be compliant with the Federal Regulations, the correct language should read, "Flood Insurance Study of the County of Los Angeles, dated July 6, 1998, with accompanying Flood Insurance Rate Maps (FIRMs) and Flood Boundary and Floodway Maps (FBFM's), dated December 2, 1980, and all subsequent amendments and/or revisions thereto." With the changes incorporated, Diamond Bar's floodplain management regulations will meet the minimum NFIP requirements and our residents will continue to be eligible to participate in the NFIP should the need arise. PREPARED BY: Kimberly Molina, Associate Engineer Date prepared: July 24, 2006 REVIEWED David . Liu, Director of Public Works Attachments: (A) Ordinance No. 2006 -XX, Amending Section 18.108.050 (B) Municipal Code Section 18.108.050, Floodplain Management with changes K ATTACHMENT A Ordinance No. 2006 -XX AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING SECTION 18.108.050 OF THE DIAMOND BAR MUNICIPAL CODE RELATING TO FLOODPLAIN MANAGEMENT REGULATIONS The City Council of the City of Diamond Bar Does Ordain as Follows: Section 1. Section 18.108.050 of Chapter 18.108 of Title 18 of the Diamond Bar Municipal Code is hereby amended to read as follows: Section 18.108.050. Basis for establishing the areas of special flood hazard The areas of special flood hazard, areas of flood -related erosion hazards and areas of mudslide (i.e., mudflow) hazards identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study of the County of Los Angeles," dated July 6, 1998, with accompanying Flood Insurance Rate Maps (FIRM's) and Flood Boundary and Floodway Maps (FBFM's), dated December 2, 1980, and all subsequent amendments and/or revisions thereto, is hereby adopted by reference and declared to be a part of this Chapter. This flood insurance study is on file at the City Hall. This flood insurance study is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the City Council by the floodplain administrator. Section 2. The City Clerk is directed to certify to the passage and adoption of the Ordinance and to cause it to be published or posted as required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Diamond Bar at a regular meeting the 1St day of August, 2006, by the following vote: AYES: Councilmember: NOES: Councilmember: ABSENT: Councilmember: ABSTAIN: Councilmember: ATTEST: TOMMYE CRIBBINS, CITY CLERK CAROL HERRERA, MAYOR ATTACHMENT B Section 18.108.050. Basis for establishing the areas of special flood hazard The areas of special flood hazard, areas of flood -related erosion hazards and areas of mudslide (i.e., mudflow) hazards identified by the Federal Emergency Management Agency or the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study of the County of Los Angeles," d i.uiy f>�198� with accorn_panyr)g Flood Insurance Ralet ak ;l!RPAs} and Flood �tandar�nd Floadway Maps (F Ws dated aecembPrG a F d afl subsequent be a part of this Chapter. This flood io Is hereby adopted by reference and declared to i,,. ndments_andlor revisio ns �heret nsurance study is on file at the City Hall. This flood insurance study is the minimum area of applicability of this ordinance and may be supplemented by studies for other areas which allow implementation of this ordinance and which are recommended to the city council by the floodplain administrator. (Ord. No. 30(1989(, § 3(5), 6-19-90) Deleted: and all revisions thereto, with an accompanying Flood insurance rate map STATE OF CALIFORNIA- THE RESOURCES AGENCY ARNOLD SCHWARZENEGGER,Govemor DEPARTMENT OF WATER RESOURCES 1416 NINTH STREET, P.O. BOX 942836 SACRAMENTO, CA 942360001 (916) 653-5791 Q. JUL 0.5 2006 Honorable Carrol Herrera Mayor of the Diamond Bar 21825 Copley Drive Diamond Bar, California 91765-4178 Dear Mayor Herrera: In two letters dated March 20, 2006, and May 26, 2006, from the Department of Homeland Security's Federal Emergency Management Agency, you were notified that new Digital Flood Insurance Rate Maps (DFIRMs) for your City would become effective on September 20, 2006. They also stated that your community is required to have floodplain management regulations that meet the standards of the National Flood Insurance Program (NFIP) regulations and adopt the new Flood Insurance Study and DFIRMs prior to September 20, 2006. Our staff reviewed the floodplain management regulations for the City of Diamond Bar and determined they do not meet the current minimum requirements of the NFIP. Specifically, your regulations do not contain the Flood Insurance Study and Flood Insurance Rate Map adopted by reference and date. The State Model Floodplain Management Ordinance, which many California communities choose to use, is available online at: www.fpm.water ca aov/docs/2006NF'SHAOrdinanceADril.doc inanceApril doc Your City must draft and adopt a compliant ordinance that meets or exc=Iarettnt ent minimum NFIP requirements before September 20, 2006, or the City ill be automatically suspended from the NFIP. Please provide a draft copy ofin management regulations to my office at 3310 EI Camino Avenue, Room LL60, Sacramento, California 95821 within 30 days from the date of this letter for review and approval prior to adoption. Please note that due to the limited time remaining before September 20, 2006, your community may be forced to consider using emergency ordinance adoption procedures to meet this deadline. My staff will be contacting your City Manager, Ms. Linda Lowry, to offer technical assistance or provide additional details. If you have any questions, please contact Bill Hom of my staff at (916) 574-0633. Sincerely, {z� I h� Ricardo S. Pineda, P.E., CFM State NFIP Coordinator cc: Ms. Linda Lowry City Manager City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91765-4178 Ms. David Liu City Manager City of Diamond Bar 21825 Copley Drive Diamond Bar, California 91765-4178 Ms. Tommye Cribbins City Clerk City of Diamond Bar 21825 Copley Drive Diamond Bar, California 91765-4178 TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK: DATE:' e � IE, %, '�} PHONE:., Sq..S .,.-,.4-. n �- T-6, ("r I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. nature----"' VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: �' U �J DATE: ILL - 4-61�j 4. ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: 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; 3 DATE: PHONE: 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: CITY CLERK FROM: Z2 DATE: ADDRESS: J ORGANIZATION: 152 AGENDA #/SUBJECT: 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: CITY CLERK FROM: DATE: ADDRESS: PHONE: ORGANIZATION:, AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect rr name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: 2 /- LV )% 3 A, 0 ' r f 1�; DATE: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect rr name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ��� cz -r`� sr, a DATE: ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: a , I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m, name and address as written above. 0� TO: FROM: ADDRESS: ORGANIZATION: Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK: DATE: PHONE: er I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect ml name and address as written above. rJ ignature